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HomeMy WebLinkAbout2007 PEC MAY - AUGUST 13 ~~ tXahMUNITY' QEU'ELOi"lAEt17 Planning and Environmental Commis©n A-CTI O N Ft} R r9 Department of Community Development 75 South Frontage Road, Vail, Colorado B1657 tel: 970.479.2139 fax:97~.479.2452 web: www.vailgav.com Project Name: PANG JEWELRY BAY WINDOWS PEC Number: PEC070048 Project Description: Participants: FINAL APROVAL FOR NEW BAY WINDOWS OWNER STAUFER, HERMANN 07/17/2007 PO BOX 5000 VAIL CO 81658-5000 APPLICANT VAG ARCHITECTS-DAVID WIEDER 07/17/2007 Phone: 970-949-7034 PO BOX 1734 VAIL CO 81658 Project Address: 201 GORE CREEK DR VAIL Location: 201 GORE CREEK DR UNIT C-5 regal Description: Lot: Block: Subdivision: BELL TOWER CONDO Parcel Number: 2101-082-6300-5 Comments: GUNION RECUSED BOARD/STAFF ACTION Motion By: KJESBO Action: APPROVED Second By: CLEVELAND Vote: 5-0-1 Date of Approval: 08/13/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009217 This approval is contingent upon the applicant obtain Town of Vail design review approval for this proposal. Cond: CON0009218 The applicant must obtain and execute an encroachment agreement, or similar • agreement as deemed appropriate by the Town Attorney, for the entry feature prior to application for a building permit Cond: CON0009219 The applicant must pay all employee housing mitigation fees prior to the issuance of a temporary certificate of occupancy. Planner: Bill Gibson PEC Fee Paid: $650.00 • • ~J ~~ 1,~1 t,'~SPv1,lNITY DEYELOOMEti'r Planning anal Environmental Commisson ACTICIN FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 web: v~tww.vailgov.com Project Name: GIORDANO CUP Project Description: Participants: PEC Number: PEC070047 FINAL APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A TYPE II EHU OWNER GIORDANO, DONNA M. 07/17/2007 WOODSIDE PO BOX 53 LOTHIAN MD 20711 APPLICANT VAG ARCHITECTS AND PLANNERS 07/17/2007 Phone: 970-949-7034 CHRISTY D'AGOSTINO PO BOX 1734 VAIL CO 81658 Project Address: 1107 VAIL VALLEY DR VAIL Location: 1107/1109 VAIL VALLEY DR ~egal Description: Lot: 7 Block: 6 Subdivision: VAIL VILLAGE FILING 7 Parcel Number: 2101-092-0500-9 Comments: GUNION & KJESBO RECUSED BOARD/STAFF ACTION Motion By: PIERCE Second By: KURZ Vote: 4-0-2 Conditions: Action: APPROVED Date of Approval: 08/13/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009216 This conditional use permit approval shall be contingent upon the applicant's continued compliance with the executed Type II EHU deed restriction. • Planner: Bill Gibson PEC Fee Paid: $650.00 7'OR'NOFYNL CG111JY;lNITY OIEVELOfyIAEYfT Planning and Environmental Commisson ACTI+t~N FORM Department of Community Development 75 South Frontage Raad, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: FRAZIER EXEMPTION PLAT PEC Number: PEC070045 Project Description: FINAL APPROVAL FOR AN EXEMPTION PLAT TO ADJUST PROPERTY LINE Participants: OWNER HUMMINGBIRD CO 07/13/2007 PO BOX 2077 VAIL CO 81658 APPLICANT HUMMINGBIRD CO-JUNE FRAZIER 07/13/2007 PO BOX 2077 VAIL CO 81658 Project Address: 3826 LUPINE DR VAIL Location: 3816 AND 3826 LUPINE DR .egal Description: Lot: 9 Block: Subdivision: BIGHORN 2ND ADDITION Parcel Number: 2101-111-0101-9 Comments: BOARD/STAFF ACTION Motion By: KJESBO Action: APPROVED Second By: CLEVELAND Vote: 6-0-0 Date of Approval: 08/13/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009214 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 2nd Addition, on the basis that the resulting approved plat created a physical hardship for developing these lots. Cond: CON0009215 • The applicant must execute any necessary utility easement relocation agreements, with the applicable utility providers, prior to the recordation of this amended final plat. Planner: Bill Gibson PEC Fee Paid: $650.00 • • • ~~ ~ ~i iii.i CCylJM,4Jt~iTf OELELt}F'AIENT Planning and Environm+~ntal Calmmisson ACTION FORTH Department of Community Development 75 South Frontage Road, Vail, Colorado 81557 teL• 970.474.2139 fax:: 970.474.2452 web: www.vailgav.corn Project Name: Lot 15 Spraddle Creek Plat PEC Number: PEC070044 Project Description: Exemption Plat -modification to shape of building envelope. Change to building envelope done to accomodate a deck addition. Participants: OWNER ESREY, WILLIAM T. & JULIE 0.06/28/2007 2624 VERONA RD MISSION HILLS KS 66208 APPLICANT ZEHREN & ASSOCIATES, INC. 06/28/2007 Phone: 970-949-0257 P.O. BOX 1976 AVON CO 81620 License: 0000001626 Project Address: 1314 SPRADDLE CREEK DR VAIL Location: Lot 15, Spraddle Creek Estates • Legal Description: Lot: 15 Block: Subdivision: SPRADDLE CREEK ESTATES Parcel Number: 2101-053-0101-4 Comments: See Conditions BOARD/STAFF ACTION Motion By: Cleveland Action: APPROVED Second By: Viele Vote: 5-0-1 (Kjesbo recused) Date of Approval: 07/23/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Scot Hunn PEC Fee Paid: $650.00 • ~~ ~~1 ~14'.t,JNITI' CE4ELOj'MEtIT Project Description: OWNER VAIL COLORADO MUNICIPAL BLDG06/14/2007 75 S FRONTAGE RD VAIL CO 81657 APPLICANT BAILEY & PETERSON 06/14/2007 Phone: 970-476-0092 108 S. FRONTAGE RD STE 208 VAIL CO 81657 License: 0000002169 • Project Address: 75 S FRONTAGE RD WEST VAIL Location: 1ST FLOOR TREETOPS Legal Description: Lot: A @B Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101-064-0000-3 Project Name: TEMPORY BUSINESS OFFICES PEC Number: PEC070040 FINAL APPROVAL FOR TEXT AMENDMENTS TO THE TEMPORARY BUSINESS OFFICES REGULATIONS Participants: Comments: TOWN COUNCIL APPROVAL 8/7/07 Planning and Environmental Commiss~n ACTIt~N Ft~RM Department of Community Development 75 South Frontage Raad, Vail, Colorado 51657 tel: 970.479.2139 fax: 970,479.2452. web: www.vail'gov.com BOARD/STAFF ACTION • Motion By: MOPPET Second By: GORDON Vote: 6-0-0 Action: APPROVED Date of Approval: 08/10/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Conditions: Planner: Bill Gibson PEC Fee Paid: $1,300.00 ~nwrra~un¢ oc~x.~r~rv ~ruE~ov~er~r Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: CONCERT HALL PLAZA 1ST FLOOR PEC Number: PEC070032 Project Description: FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY OFFICE ON THE FIRST FLOOR INT HE CONCERT HALL PLAZA BUILDING Participants: OWNER HUGHES LAND HOLDING TRUST 05/23/2007 1826 STATE ST SANTA BARBARA CA 93101 APPLICANT BAILEY & PETERSON 05/23/2007 Phone: 970-476-0092 108 S. FRONTAGE RD STE 208 VAIL CO 81657 License : 0000002169 Project Address: 616 W LIONSHEAD CR VAIL Location: FIRST FLOOR ON THE CONCERT HALL PLAZA Legal Description: Lot: Block: Subdivision: CONCERT HALL PLAZA CONDO Parcel Number: 2101-063-1800-4 Comments: Motion By: KJESBO Second By: KURZ Vote: 4-1-0 BOARD/STAFF ACTION Action: APPROVED Date of Approval: 08/07/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0009208 Planning and Environmental Commisson ACTI+aN FORM This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2009. Cond: CON0009209 The applicant (or associated users of the Concert Hall office spaces) shall ensure • that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. Cond: CON0009210 This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Planner: Bill Gibson PEC Fee Paid: $650.00 C_J • • 70WNOFVAIL O~M1M1ri+kJN1TY' LI~UEIOP'k'IE:t{T Department t~f Community Development 75 South Frontage Raad, Vaif, Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 weh: wvuw.vailgov.carn. Project Name: TREETOPS 1ST FLOOR TEMP OFFI PEC Number: PEC070031 Project Description: FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY OFFICE ON THE 1ST FLOOR IN THE TREETOPS BUILDING Participants: OWNER 450 BUFFALO PROPERTIES LLC 05/21/2007 PO BOX 331 BOULDER CO 80306 APPLICANT BAILEY & PETERSON 05/21/2007 Phone: 970-476-0092 108 S. FRONTAGE RD STE 208 VAIL CO 81657 License: 0000002169 Project Address: 452 E LIONSHEAD CR VAIL Location: 1ST FLOOR TREETOPS Legal Description: Lot: Block: Subdivision: TREETOPS CONDO Parcel Number: 2101-064-0403-0 Comments: Motion By: KJESBO Second By: KURZ Vote: 4-1-0 BOARD/STAFF ACTION Action: APPROVED Date of Approval: 08/07/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of • Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0009211 Panning and Environmental Commisson AC7I!afV FtJRM This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2009. Cond: CON0009212 • This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Planner: Bill Gibson PEC Fee Paid: $650.00 • C, ~Pn¢ c;~YJRIkIT'Y CEV£IOOMEM7 Department of Community Development 75 Sauth Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax; 970.479.2452 web: www.vailgav.com Project Name: Vail Land Use Plan Amendment PEC Number: PEC070030 Project Description: FINAL APPROVAL FOR A REQUEST FOR AN AMENDMENT TO THE VAIL LAND USE PLAN TO IDENTIFY THE TIMBER RIDGE PROPERTY, LOTS C1, C2, C3, C4 AND C5, LIONS RIDGE 1ST FILING AS A LOCATION FOR AFFORDABLE HOUSING IN VAIL. Participants: OWNER VAIL COLORADO MUNICIPAL BLDGOSJI6/2007 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG05/16/2007 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: TIMBER RIDGE ~egal Description: Lot: A @B Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101-064-0000-3 Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN `~~-/m ~ Second By: Vote: Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Planning and Enyiranmental Commissan ACTION FORM • Planner: George Ruther PEC Fee Paid: $0.00 ~~ ~~ ~~ OMritUMT'i CEVEL~A1Et{r Punning and Environmental Commison ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web:. www.vailgov.cam Project Name: TIMBER RIDGE REZONING PEC Number: PEC070029 Project Description: FINAL APPROVAL FOR A REQUEST TO REZONE LOTS C1, CZ, C3, C4 AND C5, LIONS RIDGE 1ST FILING TO HOUSING ZONE DISTRICT Participants: OWNER VAIL COLORADO MUNICIPAL BLDG05/16/2007 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG05/16/2007 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: TIMBER RIDGE ~egal Description: Lot: A @B Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101-064-0000-3 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Cleveland Vote: 7-0-0 Date of Approval: 06/11/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. • Planner: George Ruther PEC Fee Paid: $0.00 r~ ~J 7CIWNOFYAQ, CkXs'lc7:isi#FY [9E4iELdP~,lEt~l Department of Community Developm~:nt 75 South Frontage Road, Vail, Colorado 81557 tel:47a.479.2139 fax97a.479.2452 web: www.vailgav.cam Project Name: POTATO PATCH CLUBHOUSE PEC Number: PEC070026 Project Description: Participants: FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR A BUSINESS OFFICE EXPANSION AT THE POTATO PATCH CLUBHOUSE OWNER BOOTH CREEK MANAGEMENT CORP 05/14/2007 950 RED SANDSTONE RD 43 VAIL CO 81657 APPLICANT BOOTH CREEK MANAGEMENT CORP 05/14/2007 950 RED SANDSTONE RD 43 VAI L CO 81657 Project Address: 950 POTATO PATCH DR VAIL Location: POTATO PATCH CLUB CONDOS • Legal Description: Lot: 7TH. Block: Subdivision: POTATO PATCH CLUB CONDOM Parcel Number: 2101-063-0604-4 Comments: BOARD/STAFF ACTION Motion By: Cleveland Action: APPROVED Second By: Gunion Vote: 5-0-0 Date of Approval: 06/11/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if • the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0009051 The sale of merchandise is prohibited. Cond: CON0009052 P'I~Inning anc~ Environmental C~rnmi~so~n A+~~'~t~-N F~E~M The parking for the business office shall be located within the existing 38 spaces located west of the clubhouse building and shall be maintained separate from the areas designated for residential parking. Cond: CON0009053 • No overnight parking or storage of commercial vehicles associated with the business office use shall be permitted. Cond: CON0009054 The number of employees allowed in the business office shall not exceed 23 (i.e. one employee for each two hundred square feet of net floor area). Planner: Bill Gibson PEC Fee Paid: $650.00 r~ U ~~~ ~~ oEV~ww~,~ur Manning anal Enviir~anm~nta~ Calmmli~sc~n A~CSIQN F~lRt~9 Department csf Community taevelapment 75 South Frontage Raad, Vast, C~rlorado 81657 tet:97U.479.2139 fax:. 970.479.2452 web: wrwva.vaitgr~v.co Project Name: AUGUSTINE AMENDED FINAL PLAT PEC Number: PEC070024 Project Description: FINAL APPROVAL OF AN AMENDED FINAL PLAT (PROPERTY LINE ADJUSTMENTS TO LOTS 8 AND 9) Participants: U OWNER AUGUSTINE, LISA M. 05/01/2007 5119 BLACK BEAR LN VAIL CO 81657 APPLICANT JOHN M. PERKINS ARCHITECTS, 05/01/2007 PO BOX 2007 AVON CO 81620 License: 0000002001 ARCHITECT JOHN M. PERKINS ARCHITECTS, 05/01/2007 PO BOX 2007 AVON CO 81620 License: 0000002001 Phone: 949-9322 Phone: 949-9322 Project Address: 5119 BLACK BEAR LN VAIL Location: 5119 and 5121 BLACK BEAR LANE Legal Description: Lot: 8 Block: 10 Subdivision: GORE CREEK SUB. Parcel Number: 2099-182-1000-7 Comments: BOARD/STAFF ACTION Motion By: KJESBO Second By: VIELE Vote: 7-0-0 • Conditions: Date of Approval: 05/14/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing Action: APPROVED regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0008944 • The applicant must execute the relocated utility easements prior to the recordation of this amended final plat. Cond: CON0008945 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, Block 2, Gore Creek Subdivision, on the basis that the resulting approved plat created a physical hardship for developing these lots. Planner: Bill Gibson PEC Fee Paid: $650.00 • • row~o~una c~e~rrr pEr1E~c~wEr~a Department of Community Development 75 South Frontage Raad, Vail, Colorado 81657 t+e1:970.479.2139 fax. 970,479.2452 web: www.vailgov.com Project Name: OLIVER AMENDED FINAL PLAT PEC Number: PEC070023 Project Description: Participants: FINAL APPROVAL OF AN AMENDED FINAL PLAT (AMENDMENT TO THE PLAT RESTRICTED GRFA LIMITS) OWNER OLIVER, CHARLES S. - COLES-004/16/2007 1311 S GIBBON CT SUPERIOR CO 80027 APPLICANT OLIVER, CHARLES S. - COLES-004/16/2007 1311 S GIBBON CT SUPERIOR CO 80027 Project Address: 3977 LUPINE DR VAIL Location: 3977 LUPINE DR • Legal Description: Lot: 1-A Block: 1 Subdivision: BIGHORN 1ST ADDITION Parcel Number: 2101-111-0201-2 Comments: BOARD/STAFF ACTION Motion By: K]ESBO Second By: GUNION Vote: 7-0-0 Action: APPROVED Date of Approval: 05/14/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if • the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Planning ani~ Enviranm+~nta~ ~amrnissc~n ACTIt~-N F~RNI Planner: Bill Gibson PEC Fee Paid: $650.00 ~~ ~ ~~ ^e~,ur~rrr a~t~u-~~r Planning and Environmental Camn~isson ACT3+~N FORM Department of Community Development 75 South Frontage Road, Vail, Colorado ~1fs57 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: CAPSTONE CONDOS REZONING PEC Number: PEC070018 Project Description: Participants: FINAL APPROVAL FOR REZONING FROM PRIMARY/SECONDARY TO LOW DENSITY MULTIPLE- FAMILY. SEVERAL COMMISSIONERS STATED THAT THEY WOULD NOT SUPPORT VARIANCES WHICH INCREASED THE ENCROACHMENT INTO THE SIDE AND REAR SETBACKS. OWNER CAPSTONE TOWNHOUSE ASSOCIATI03/19/2007 Phone: 479-0436 C/0 MARK LEVARN 1817 MEADOWRIDGE RD VAIL CO 81657 APPLICANT CAPSTONE TOWNHOUSE ASSOCIATI03/19/2007 Phone: 479-0436 C/0 MARK LEVARN 1817 MEADOWRIDGE RD VAIL CO 81657 • Project Address: 1994 MEADOW RIDGE RD VAIL Location: CAPSTONE TH Legal Description: Lot: 21 Block: Subdivision: CAPSTONE TOWNHOUSES Parcel Number: 2103-123-0400-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Second By: David Viele Vote: 7-0-0 Conditions: Action: APPROVED Date of Approval: 05/14/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0008962 That Lot 21, Buffehr Creek Subdivision, shall be limited to no more that six (6} dwelling units regardless of that allowable under Low-Density Multiple Family District zoning. • Planner: Warren Campbell PEC Fee Paid: $1,300.00 ~~ ~~ I~ ~7RY,tJN1TY C~t+ELOPk/cliT Planning and EnWironm~ntal Commisson ACTIt7N F~R(~I Department of Community Development 75 5auth Frontage Raad, Vail, Colorado 8165? te1:97U.479.2139 fax: 97©,479.2452 web: www.vailgov.com Project Name: SPRADDLE CREEK EXEMPTION PLA PEC Number: PEC070014 Project Description: Participants: Amendment to the Spraddle Creek Estates subdivision to revise the Lot Summary Chart to increase the maximum GRFA and Site Coverage for most of the lots. OWNER FRED G. STEINGRABER REVOCABL03/12/2007 FRED G. STEINGRABER TRUSTEE 615 WARWICK RD KENILWORTH IL 60043 APPLICANT ZEHREN & ASSOCIATES, INC. 03/12/2007 Phone: 970-949-0257 P.O. BOX 1976 AVON CO 81620 License: 0000001626 ARCHITECT ZEHREN & ASSOCIATES, INC. 03/12/2007 Phone: 970-949-0257 • P.O. BOX 1976 AVON CO 81620 License: 0000001626 Project Address: 1028 RIVA GLEN VAIL Location: SPRADDLE CREEK SUBDIVISION Legal Description: Lot: Block: Subdivision: SPRADDLE CREEK ESTATES Parcel Number: 2101-053-0100-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: David Viele Action: APPROVED Second By: Rollie Kjesbo Vote: 6-0-1 (Gunion recused) Date of Approval: 06/11/2007 b~~~°7 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). • Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond:CON0009059 Approval of the Amended Final Plat, Fourth Amendment To Spraddle Creek Estates, Part of the SE ~/a SW 1/4 ,Section 5, Township 5 South, Range 80 West Of the Sicth Principal Meridian, Town Of Vail, County Of Eagle, State Of Colorado, shall become effective upon the adoption of the ordinance amending the text to increase the maximum allowable site coverage from 15% to 20% within the Hillside Residential • District. Planner: Warren Campbell PEC Fee Paid: $650.00 • • • • • A. ,`+. ~`•~, r .,~~ '-~„ a, ~ 1~ ~14i~V i7F i',iFL Project Name: Application Type: ADMINISTRATIVE At, ~ ION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Lift House Condo Plat CondThPl ADM Number: ADM070013 Parcel: 2103-121-2202-7 Project Description: Participants: FINAL APPROVAL FOR A PLAT AMENDMENT OWNER EA HOLDINGS LLC 08/14/2007 PO BOX 3149 AVON CO 81620 APPLICANT EA HOLDINGS LLC 08/14/2007 PO BOX 3149 AVON CO 81620 Project Address: 1234 WESTHAVEN DR VAIL LIFTSIDE CONDOS UNIT C-52 Legal Description: Lot: Block: Subdivision: Cascade Village Comments: See Conditions Location: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 09/05/2007 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Warren Campbell DRB Fee Paid: $100.00 • ,._; ^~ `-~`( ~~ °',i ~,' OF 6'AIL ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name: Application Type: Project Description: Participants: AFFA DUPLEX PLAT DupSubPl ADM Number: ADM070012 Parcel: 2101-122-1901-2 FINAL APPROVAL FOR A DUPLEX SUBDIVISION PLAT OWNER AFFA, ROGER B. &MARYLYN H. 07/20/2007 PO BOX 2041 EDWARDS CO 81632 APPLICANT AFFA, ROGER B. &MARYLYN H. 07/20/2007 PO BOX 2041 EDWARDS CO 81632 Project Address: 4094 LUPINE DR VAIL ~egal Description: Comments: Lot: 5A Block: Subdivision: BIGHORN SUB Location: 4094 LUPINE DRIVE BOARD/STAFF ACTION Motion By: Second By: Vote: Conditions: Action: STAFFAPR Date of Approval: 07/20/2007 Meeting Date: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0009167 The applicant shall add an Administrator's Certificate to the plat. Cond: CON0009168 The applicant shall add the following note to the plat: "For zoning purposes, the two lots created by this subdivision are to be treated as one entity with no more than one two-family residence allowed on the combined area of the two lots." Planner: Bill Gibson DRB Fee Paid: $100.00 • „ :..~., ,, ~, ~~• ~,. ..~ q~~ ,i ~~ 4F V~1TL Project Name: Application Type: ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.corn LITTMAN REPEAT DupSubPl ADM Number: ADM070010 Parcel : 2101-092-0701-8 Project Description: DUPLEX PLAT FOR LOT 18 Participants: OWNER LITTMAN, ANDREW 1448 VAIL VALLEY DR VAIL CO 81657 APPLICANT LITfMAN, ANDREW Project Address: 1448 VAIL VALLEY DR VAIL 06/22/2007 Phone:303-641-7777 06/28/2007 Location: 1448 VAIL VALLEY DR Legal Description: Lot: 18 Block: 3 Subdivision: VAIL VALLEY Comments: • BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 06/28/2007 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0009113 The main title must be corrected from "Amended Final Plat" to "Duplex Plat". Cond: CON0009114 The following note must be added to the plat: "For zoning purposes, the two lots created by this subdivision are to be treated as one entity." Cond: CON0009115 The Planning and Environmental Commission Certificate must be deleted. Cond:CON0009116 An Administrator's Certificate must be added. Planner: Bill Gibson DRB Fee Paid: $100.00 • .. r`~+ ,. ! 4. ~~~~~'. r tt _ ` ~ °'ii ~Il~~ ~~ ~~~~ ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name: Application Type: Project Description: Participants: ENZIAN CondThPl ADM Number: ADM070008 Parcel : 2101-063-0500-1 FINAL APPROVAL FOR AN AMEMDED CONDO PLAT OWNER ENZIAN AT VAIL INC 06/05/2007 C/0 OAKTON-KOSTNER CORP 7721 N KOSTNER AVE SKOKIE IL 60076 APPLICANT ENZIAN AT VAIL INC 06/05/2007 C/0 OAKTON-KOSTNER CORP 7721 N KOSTNER AVE SKOKIE IL 60076 Project Address: 705 W LIONSHEAD CR VAIL ~ZIAN 60 WEST LIONSHEAD CR Location: Legal Description: Lot: 1 Block: 2 Subdivision: Vail Lionshead Filing 3 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Date of Approval: 06/12/2007 Vote: Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0009055 The applicant shall correct the text of each certificate on the plat to match the certificate text required by Chapter 13-11, Vail Town Code. Planner: Bill Gibson DRB Fee Paid: $100.00 • ~. .t •: ,5 '4 `''~``r 0.l ~-6i~VOFY~IIL li ADMINISTRATIVE A~, i ION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax; 970-479-2452 web: www.vailgov.com Project Name: LIONS SQUARE LODGE CONDO PLAT Application Type: CondThPl ADM Number: ADM070005 Pa rce I : 2101-072-0400-1 Project Description: LIONS SQUARE LODGE NORTH CONDO PLAT (EXPANSION Participants: OWNER POWELL, WILLIAM R. & PAULA W04/11/2007 1200 PALMt i i U DR HUBBARD OH 44425 APPLICANT J.L. VIELE CONSTRUCTION 04/11/2007 Phone: 970-476-3082 1000 S Frontage Road W, #202 Vail CO 81657 License: 188-A CONTRACTOR J.L. VIELE CONSTRUCTION 04/11/2007 Phone: 970-476-3082 1000 S Frontage Road W, #202 • Vail CO 81657 License: 188-A Project Address: 635 LIONSHEAD PL VAIL LIONS SQUARE LODGE NORTH Location: Legal Description: Lot: 8 Block: Subdivision: LION SQUARE NORTH Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 05/03/2007 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0008916 The main title must be amended to include the legal description of the Lion Square Lodge North property. • Cond: CON0008917 All titles and certificates must reference the condominium "plat", rather than "map". Cond: CON0008918 An additional note must be added to the plat stating that "this plat shall expire and become void if a building permit for the expansion properties and expansion areas is not obtained, and construction not commenced, and diligently pursued toward competition prior to the expiration of the associated Major Exterior Alteration or Modification Application approval granted by the Town of Vail." • Planner: Bill Gibson DRB Fee Paid: $100.00 • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ,~ May 14, 2007 ~lWtd~'YAlL" 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Bill Jewitt Rollie Kjesbo Michael Kurz Bill Pierce David Viele Site Visits: None 5 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1 S` Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson ACTION: Approved MOTION: Kjesbo SECOND: Gunion VOTE: 7-0-0 Bill Gibson gave a presentation per the staff memorandum. There was no public comment. The Commissioners expressed their support for the application. 5 minutes 2. 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 shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07-0024) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Cleveland VOTE: ?-0-0 CONDITIONS: 1. The applicant must execute the relocated utility easements 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, Block 2, Gore Creek Subdivision, on the basis that the resulting approved plat created a physical hardship for developing these lots. Page 1 • Bill Gibson gave a presentation per the staff memorandum. There was no public comment. The Commissioners expressed general support for the application. Rollie Kjesbo asked for clarification of Condition #2. 10 minutes 3. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell ACTION: Recommendation of Approval with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 CONDITION(S): 1. That Lot 21, Buffehr Creek Subdivision, shall be limited to no more that six (6) dwelling units regardless of that allowable under Low-Density Multiple Family District zoning. Warren Campbell gave a presentation per the staff memorandum. Mark Levarn, applicant, was available for questions. There was no public comment. Anne Gunion generally supported the application, but would be opposed to any future variance requests which encroached further into the setbacks. Bill Pierce asked Warren Campbell to clarify how steep slopes could affect the property. He does not support an additional dwelling unit. Michael Kurz agreed with the comments made by Commissioner Gunion. Dick Cleveland noted his concern that variances may still be needed for future redevelopment. He does not support an additional unit. Warren Campbell clarified that approval of this request would eliminate the need for density variances, which were denied in the past for this project development. Rollie Kjesbo agreed with Dick Cleveland. David Viele had no comment. Bill Jewitt stated that this property was mis-zoned when it was annexed into the Town and the zone change is more appropriate with how the site is developed. • Page 2 30 minutes 4. A request for a work session to discuss the development applications necessary for the review of the redevelopment of the Clock Tower Building (Gorsuch Building), located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and Lots Cand FSlifer/McBride Subdivision (PEC07-0025) Applicant: David and Renie Gorsuch, represented by Resort Design Associates Planner: Scot Hunn/Warren Campbell ACTION: Worksession, no vote Warren Campbell gave a presentation per the staff memorandum. Jay Peterson and Gordon Pierce, applicants' representatives, presented an overview of the proposal. John Gorsuch noted that their intent is to construct a new building that looks like it's an original Vail building. He also noted their intent to construct a "green", environmentally friendly, construction project. Dave Gorsuch explained the history of the existing building. Michael Kurz stated that the Gorsuch store is part of the brand of Vail, and he's pleased to see the proposal still meets the core values of the Town. He believes it's a good start. Dick Cleveland is encouraged that the Gorsuch's are the first to bring a major renovation to the Village. He's concerned about the Bridge Street presence of the building. He's also concerned about the clock tower and believes the current design is the icon and branding of Vail. He would . like to see the new tower emulate the existing design. He suggested the tower could go up, but should not be wider. He was very positive about the other portions of the building. Rollie Kjesbo he likes the overall massing of the building, but the same as Dick Cleveland he does not support the wider clock tower design. He generally supports the proposal. Bill Jewitt asked the applicant to further describe the construction staging and the third floor dining area. He echoed Dick Cleveland's concerns about preserving the design of the clock tower. He believes the redevelopment of this building within the Town's design parameters will set the tone for of renovations. Bill Pierce identified concerns about preserving view corridors and reviewing this proposal in context with the surrounding buildings. He'll miss the liveliness of a deck on the Bridge Street side of the building. He's concerned that the two different tower styles on the building contradict each other and about the proportions of the new tower. He recommended breaking up the plane of the south facade. David Viele doesn't have as much attachment to the current tower and supports the proposed design. He noted concerns about preserving vitality along Bridge Street. He supports the overall design of the plans. Jim Lamont, Vail Village Homeowner's Association, is impressed with the initial design. He did note concerns about loading/delivery and construction staging. He agreed with Bill Pierce's suggestions concerning articulating the south elevation. He noted concerns about need for a • strong presence along Bridge Street. 60 minutes Page 3 5. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in • regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to June 11, 2007 MOTION: Kjesbo SECOND: Viele VOTE:7-0-0 Warren Campbell gave a presentation per the staff memorandum. Tom Miller, Vail Resorts, introduced the development team. Gary Wakasuki, Callison Architecture, introduced the design team. Steve Harmon, Callison Architecture, introduced the LEEDs environmental design program. Michael Lee, Callison Architecture, introduced the proposed development. Crystal ?, Callison Architecture, introduces the branding of the project. Dominic Mauriello, Mauriello Planning Group, summarized the application review process. Dick Cleveland questioned how creating a village with a parking structure and lift that doesn't draw away from Vail Village or Lionshead. Tom Miller stated that they area pursuing visitors from other resorts and capturing missing markets here in Vail. Michael Kurz asked about consistency with the Vail brand such as Vail Village. His opinion is that this is a dissolution of the Vail brand. Bill Dewitt noted his concerns about constructing an additional ski portal. David Viele clarified that he is not associated with the proposed development and he does not have a conflict of interest in reviewing this proposal. He noted that the Commission's role is to review the project based upon the zoning regulations and not the marketing aspects of the project. Jim Lamont, Vail Homeowners Association, noted his concern about possible delays in the review process associated with approvals from CDOT on road re-alignment and from the Town on parking issues. He is concerned about the design of the parking structure and the subterranean construction. Dominic Mauriello stated that their plans assume a road realignment will occur. Bill Pierce questioned if there is another option to realignment, such a building above the Frontage Road. Jim Lamont noted concerns about additional issues such as skier drop-off, branding, location of the water treatment plant, construction of a grand boulevard, creating an entertainment center, creating vitality, etc. Page 4 David Viele commented that he is on the water board and the district is of the option that the • treatment plant site is not the highest and best use of the site. 5 minutes 6. A request for a work session to review the prescribed zoning regulations, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, and setting forth details in regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Table to June 11, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0 5 minutes 7. A request for a work session to review an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Table to June 11, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0 8. Approval of April 23, 2007 minutes MOTION: Cleveland SECOND: Kurz VOTE: 6-0-1 (Viele recused) 9. Information Update 10. Adjournment MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 11, 2007, in the Vail Daily. r~ L Page 5 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1 A, Block 1, Bighorn 1 S` Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson • I. SUMMARY The applicant, Todd and Cindy Oliver, represented by TAB Associates, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the plat restricted maximum allowable Gross Residential Floor Area (GRFA) for 3977 Lupine Drive/Lot 1 A, Block 1, Bighorn 1St Addition. Staff recommends approval of the proposed amended final plat for 3977 Lupine Drive/Lot 1 A, Block 1, Bighorn 1 S` Addition. II. DESCRIPTION OF REQUEST The applicant, Todd and Cindy Oliver, represented by TAB Associates, are proposing to amend the plat restricted gross residential floor area (GRFA) limits for Lot 1 A that were established in 1983. The applicant is proposing to increase the allowable GRFA from 3,300 sq. ft. to 4,610.5 sq. ft. in response to the GRFA amendments adopted by the Town of Vail in 2004. The Planning and Environmental Commission approved a similar request for the adjacent Lot 1 B on July 11, 2005 (PEC05-0052). This proposal is not associated with any other development application, as the applicants are not proposing any construction at this time. A vicinity map (Attachment A), a letter from the applicant describing the request (Attachment B), and the proposed plat have been attached for reference (Attachment C). • III. BACKGROUND The property was annexed into the Town of Vail by Ordinance 13, Series of 1974, which became effective on November 5, 1974. The property was zoned Two-Family Residential Zone District. In October of 1983 Lot 1, Block 1, Bighorn Subdivision First Addition (42,863 sq. ft.) was subdivided into two smaller lots (21,431.5 sq. ft.) and rezoned to Single- Family Residential. As a part of the application the two new lots, 1 A and 1 B, were plat restricted to 3,300 square feet of GRFA for each lot and were to share • one driveway curb cut on Lupine Drive. Ordinance 33, Series of 1987, removed the plat restriction which required Lots 1 A and 1 B to have a shared driveway curb cut off of Lupine Drive. Today there are separate driveway curb cuts servicing the existing structures on Lots 1 A and 1 B. On July 11, 2005, the Planning and Environmental Commission approved a similar amended final plat request for the adjacent Lot 1 B (PEC05-0052) to increase the GRFA limits from 3,300 sq. ft. were 4,610.5 sq. ft. At thal time, Staff encouraged the owners of Lots 1 A and 1 B to submit a joint application to amend the GRFA limits for both lots simultaneously. However, the owners chose not to submit a joint application. IV. APPLICABLE PLANNING DOCUMENTS TITLE 13: SUBDIVISION REGULATIONS (in part) 13-2-2 DEFINITIONS EXEMPTION PLAT.' The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS: A: 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 to which the proposed subdivision is consistent with all thEr 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. 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 commis:~ion deems applicable; and 3. The extent to which the proposed subdivision presents a harmonious, ~~onvenient, workable relationship among land uses consistent with municipal development objectives; and 4. The extent of the effects on the future development of the surrounding ~~rea; and 5. The extent to which the proposed subdivision is located and design~~d 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 ~~ "leapfrog" pattern of development; and . • 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 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 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 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. 8. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 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. 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. 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of Chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by Title 12, Chapter 12 of this code. • 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. V. SURROUNDING LAND USES AND ZONING • Land Use Zoning North: Residential Two-Family Residential District East: Residential Two-Family Residential District West: Residential Two-Family Residential District South: Residential Two-Family Residential District VI. SITE ANALYSIS Zoning: Single Family Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Single Family Residence Hazards: High Severity Rockfall, Moderate Avalanche Hazard, and Avalanche Powder Blast Development Standard Allowed Proposed Allowed Existina Lot Area (min): 15,000 no change 21,431.5 sq. ft. Setbacks (min): 20 ft. front no change 88 ft. 15 feet sides no change 29 ft. and 16 ft. 15 feet rear no change 65 ft. Platted GRFA Limit (max): 3,300 sq. ft. 4,610.5 sq. ft. 2,459 sq.ft. (+1,310.5 sq. ft.) • Site Coverage (max): 4,286 sq.ft. no change 1,~~73 sq.ft. Landscape Area (min): 12,859 sq.ft. no change 17,753 sq.ft. VII. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an amended final plat are outlined in Section 13-3-4, Vail Town Code, as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the proposed amended final pl~~t and found it to be in compliance with all applicable elements of Vail Comprehensive Plan. The exchange of equal sized parcels of land, which maintains the size of each lot 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 all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed amended final plat modifying the maximum allowable GRFA will not negatively affect the workable relationship among land uses as the proposal will not alter the current low density residential land use. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The proposed amended final plat modifying the the maximum allowable GRFA will not negatively affect the future development of the surrounding area as the proposal will not alter the current low density residential land use. (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 i Staff Response: The proposed amended final plat modifying the the maximum allowable GRFA will not negatively affect the elements identified in the above criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines; and Staff Response: The proposed amended final plat the maximum allowable GRFA 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 to modify the maximum allowable GRFA 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 current low density residential land use. Additionally, this proposal will update the plat restricted GRFA limits for Lot 1A in the same manner as the Town of Vail amended the GRFA regulations for other properties within the Single Family Residential District in 2004 and the adjacent Lot 1 B in 2005. r~ U (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 to modify the maximum allowable GRFA 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 ~~eem applicable to the proposed subdivision Staff Response: The Planning and Environmental Commission ~rpproved a similar request for the adjacent Lot 1 B on July 11, 2005 (PEC05-0052). VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of the amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area (GRFA), located at 3~a77 Lupine Drive/Lot 1 A, Block 1, Bighorn 1St Addition, and setting forth details in reg~~rd 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 plat • amendment, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail 1 own Code, to allow for an amendment to plat restricted GRFA located at 3;77 Lupine drive/Lot 1A, Block 1, Bighorn Subdivision First Addition„ 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: "1. That the subdivision is in compliance with the criteria listed in Section 13-3-4- A, Vail Town Code, based upon the review outlined in Section Vll of the Staff's May 14, 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 tl~e development objectives of the town, based upon the review outlined in Section Vll of the Staff's May 14, 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 May 14, 2007, memorandum to the Planning and Environmental Commission. 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 May 14, 2007, memorandum to the Planning and Environmental Commission. " X. ATTACHMENTS A. Vicinity Map B. Letter from the applicant dated April 16, 2007 C. Proposed amended final plat D. Public Notice • C] • • TAB Associates, Inc. The Architectural Balance P.O. Box 7431 Avon, CO 81620-7431 (970) 748-1470 (970) 748-1471 fax www.tabasssociates.com tab(~vail.net April, 16th, 2007 Attachment B Members of Planning and Environmental Commission, / ^ The sole purpose of this letter is to request to amend a plat note filed with an approved plat. Specifically the plat for parcel number: 210111102012 located at 3977 Lupine Drive Lot 1A. This plat correction does not alter the character, intent or development standards imposed under previous plat approval. The amended plat note proposed is consistent with all the elements of the adopted goals, objectives and policies outline in the Vail comprehensive plan and is compatible with the development objectives of the town. The amendment to the plat note does comply with all title 12 zoning regulations of the code and also presents a harmonious, convenient, workable relationship among land uses. Currently there is a plat restriction on the lot of 3,300 SF. This hinders the owner's wishes to add additional square footage as well as update the property. Their goal is to renovate and add additional spaces to better fit their life style and enjoy the beauty of Vail Colorado. The Oliver's, owners of the property, would like to add a recreation room, a new kitchen, garage, and master suite. This additional space will give TAB Associates, Inc. the opportunity to better address the Gore Creek, which is located just behind the property. Simultaneously creating a more attractive and functional entrance, that will both enhance the functionality from the interior but also greatly increase the property's curb appeal. We are requesting to amend the plat note, making the newly revised note consistent with Town of Vail's newest GRFA calculations revised in 2004, this would give the lot a new GRFA of 5486 SF. After doing some research we have learned that the neighboring lot, Parcel Number 21011102013 Lot 1 B, which previously had a restriction of 3,300 SF also, was re-platted. The two lots were given the same restriction when created by dividing the larger parcel. It seems only natural the Commissioners to re-plated 3967 Lupine Lot 1 B that they would want to do the same for the Oliver's at 3977 Lupine Drive Lot 1A. Sincerely, ~~~~ 9 TAB Associates, Inc. David Kenney, Project Manager file: S:\0658 Oliver Reno\Submittal\Members of Planning and Environmental Commission.doc 1 1 I 1 IM I aAx¢ ~CINlTY dIAP ,cur: r la• GRAPHIC SCAIE P m ~ .~~ 1 loan ~ eo n All1ENDED FINAL PLAT LOT A, AMENDED PLAT, A RESUBDIVISION OF I,OT 1, BLOCK' 1, BIGHORN SUBDIVISION FIRST ADDITION TOfl'N 'OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ~wu xenv. CERTIFICATE OF DEDICATION AND OWNERSHIP ~. oA ,. nex sown TNr wren :. omrT xw an. r mtt-aMT, n K Sal ~6C~DM 04S Ipi HT *E wIn~ER Ntfwi oeA~otID vmww bs xmteL ~s .W t WxR ~M dXYS 4O t Niouu~r Must UCHLUY1xl SLVOUM V0~ U'GG MMR MI NII~Ct~ti MTG[ RuMM 6 K rl If IENn CV+V. ~R, whD .w,JYrv )L RN xW wTn 1DSWl S IIR. µ m xr V4uYS !ai nna[sl, w. N TIwIR M ? 11lMap. D91 b e6C,.110 xOCRI l tM: p Stl£ 01NT11Q PFL fEIIL Rui IEU vPPflnf 9UAlfD N PE N~1~1 muNlx. RUE~OO. aQGHD AS ,DILL[TY 1. alas aoeK w scar Isr~t axATny. rwle wN,rrR ra6auo K 6sr NE K room Mt • aesoevaw : mr 1. 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Dn) arcs 6smwla »n unE a.~ ~~~ ~-9"~ ~ a r sz*r~6rx. nrx es x. z>s6 . ~ • • LIEU HOLDER CERTIFCATC TKx~vuDaM'~r~6RM tlnSDIR m 11E~a96Dmlpav sql a) r1 ~ ro K ~ uglwµL •OnFfY DT •rESn K ao6Danq OL4waOll wAf soouNIDVm ITtlE IE lx4 _ wt Os _ _ `°''° a, Da .rR am,soE a«a~.ITa~rT9lrn x> Nnass w xro rn emorwwnnL THLE CERTIFICATE swax Nm Iht MI wive 6tn T2s ms ~~r wnt nuT K nu m ,rt tiros f10fe~nllE Rm 4AI Wns 6 wR No 6EM s ul Ift4 1)pS ND O2uuYt4l~i pa~IM3 _ wY 6 wD. m~ ~ 19L.AT+E1 ZONING ADMINISTRATOR CERTIFICATE a M) T.s rvxotm sr K raw a wa zrrnc awsnuml T.s _ wl tow a v,~ cNaAm raa a v,~il. mia.oo CERTIFICATE OF TAXES PAID D ~M ~ ~M xY[II fDtM' M,iFa1E,LLl:/%RS R I .~NN~ o. ~t WN,r,- ~ PLANNING AND ENNRONMENTAL COMMISAON CE 1"p SURVEYOR'S CERTFICATE e 6wr ~ arElo. mnE. TNT I .T • .6rtmaxa IAw EwlE,oa LaSrsN t4NFE PAT tr rEMmaRrl Mi~LOT ~rOaED p Mf, aDR06bE5~ tr LOi 1. UO 61i. MTaal. pTwRT ro 91on1 xw[a{ TNT saalluT W TxaC wOT µµ ~GGwIC AM'AT A lM wl6twrt 6 K cal ealmft0.T Ola6 K LD^.l,Tw rT LKM+615 R TE loR ~t~t£ ~SaRR tf S,D SusDluaW xS rx[ SNE uE SIFkm wal TE n /,xlUtJiE 6MATM LMMIw K 91mIN9w V W!. a MKA ,MEK, 1 xnlf 3R r x,lO IIO SEAL T6 ~ wY N . w4 SO_ CLERK AHD RECORDER'S CERTFK;ATE al 6mim v 7 ~PiEf OI 9c NUa r0 P[ ,t ~°E'a°Cmm a aanDw x- 3o w t3 H aoE.w 6maw 1 ., _ _ ,tea ~wlc oL/tT/m I sx~r z.rs -~ .ti TOWNOFYAIL ~ • Attachment D 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 May 14, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1St Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson 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 shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07- 0024) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson .~ t~~o~ ~ayl ,~~ Page 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 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 allow for modifications to shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07-0024) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson SUMMARY The applicant, Lisa Augustine, represented by JMP Architects, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to shared property boundaries, Lots 8 and 9, Block 2, Black Gore Subdivision, located at 5119 and 5121 Black Bear Lane. • The purpose of the proposed amended final plat is to reconfigure the shared property boundary between Lots 8 and 9. The proposed amended final plat involves the equal exchange of property area, thus resulting in no net change to the existing lot sizes. Staff is recommending approval, with conditions, of this application subject to the findings and criteria outlined in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Lisa Augustine, represented by JMP Architects, is requesting to modify the shared property boundary between Lots 8 and 9, Block 2, Black Gore Subdivision, located at 5119 and 5121 Black Bear Lane. The applicant currently owns both Lots 8 and 9. A single family residence currently exists on Lot 8, while Lot 9 is currently undeveloped. The purpose of this proposed amended final plat is to reconfigure the shared property boundary between Lots 8 and 9 to bring the developed Lot 8 more into conformance with the standards of the Two-Family Residential District. Both Lot 8 and 9 are legally non-conforming in regard to the 15,000 sq. ft. minimum lot size standard of the Two-Family Residential District. Lot 8 is only 10,892 sq. ft. in area, and Lot 9 is only 10,871 sq. ft. in area. This proposed amended final plat exchanges equal amounts of lot area (283 sq. ft.), and therefore does not alter the existing non- conforming lot sizes. The existing Lot 8 is legally non-conforming in regard to the Two-Family Residential • District standard for a minimum buildable area of an 80ft. x. 80ft. square. The existing Lot 8 will only accommodate an area of 80ft. x 77ft.; and the proposed amended final plat will maintain this same non-conformity. Both the existing and proposed Lot 9 configurations comply with this standard. The existing Lot 8 single family home is legally non-conforming in regard to the minimum 15 ft. side setback standard adjacent to Lot 9. The proposed property fine adjustment will bring the Lot 8 structure more into conformance with the minimum setback requirements by increasing the constructed setback from the existing 5.5 feet to 10.6 feet. A vicinity map depicting the subject properties (Attachment A) and thE~ proposed amended final plat have been attached for reference (Attachment B). III. BACKGROUND Lots 8 and 9, Block 2, Gore Creek Subdivision were annexed into the Town of Vail on December 17, 1974. Both Lots 8 and 9 are currently located within the 'T'wo-Family Residential District, and are legally non-conforming in regard to the 15,000 sq. ft. minimum lot size standard of the Two-Family Residential District. Lot 8 is only 10,892 sq. ft. in area and Lot 9 is only 10,871 sq. ft. in area. This proposed amended final plat does not alter the existing non-conforming lot sizes. The existing single family structure was originally constructed in 1978 with an easterly side setback (i.e. adjacent to Lot 9) of only 5.5 feet, which does not conform to the minimum 15 ft. side setback standard required by the Two-Family Residential District. On May 18, 1998, the Planning and Environmental Commission granted an easterly side • setback variance to allow a previously existing garage to be converted into living area. IV. APPLICABLE PLANNING DOCUMENTS TITLE 13: SUBDIVISION REGULATIONS (in part) 13-2-2 DEFINITIONS EXEMPTION PLAT: The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NI.CESSARY FINDINGS: A. 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 to which the proposed subdivision is consistent with all this 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. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title y2, "Zoning Regulations ; of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 4. The extent of the effects on the future development of the surrounding area; and 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 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 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 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 9. Such other facfors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vaif 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 fhe 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. 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. V. VI. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption plats'; as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exerption plat applicants may be required to submit an environmental impact report if required by Title 12, Chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. SURROUNDING LAND USES AND ZONING, Land Use Zonina North: Residential Residential Cluster District East: Residential Two-Family Residential District West: Residential Residential Cluster District South: Residential Two-Family Residential District • SITE ANA LYSIS The following is a zoning analysis of Lots 8 and 9, which are proposed to be amended by this application. The purpose of this analysis is to provide a comparison of the existing lots to the proposed lots. Lot 8, Block 2, Gore Creek Subdivision Zoning: Two-Family Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Single Family Residence Development Standard Allowed Existina Proposed Lot Area: 15,000 sq.ft. (min) 10,892 sq.ft. no change Square Building Area: 80 ft. x 80 ft. (min) 80 ft. x 77 ft. no change Setbacks (min): 20 ft. front 20 ft. no change 15 ft. east side 5.5 ft. 10.6 ft. 15 ft. west side 14 ft. no change 15 ft. rear 38 ft. no change Frontage: 30 ft. (min) 50.0 ft. no change GRFA : 4,973 sq.ft. (max) 4,752 sq.ft. no change • 4 • Site Coverage: Landscape Area: 2,178 sq.ft. (max) 6,535 sq.ft. (min) 2,065 sq.ft. no change 7,402 sq.ft. no change Lot 9, Block 2, Gore Creek Subdivision Zoning: Two-Family Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Vacant Development Standard Allowed Existino Proposed Lot Area (min.): 15,000 sq.ft. (min) 10,871 sq.ft. no change Square Building Area: 80 ft. x 80 ft. (min) 84 ft. x 84 ft. 80 ft. x 80 ft. Setbacks (min): 20 ft. front n/a no change 15 feet sides n/a no change 15 feet rear n/a no change Frontage: 30ft. (min) 30.21 ft. no change GRFA: 4,931 sq.ft. (max) 0 sq.ft. no change Site Coverage: 2,174 sq.ft. (max) 0 sq.ft. no change Landscape Area: 6,523 sq.ft. (min) 10,871 sq.ft. no change VII. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an amended final plat are outlined in Section 13-3-4, Vail Town Code, as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: The proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 involves an equal exchange of lot area (283 sq. ft.) which maintains the same development potential for each lot. Staff believes the proposed amended final plat complies with 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 5 Staff Response: The proposed amended final plat adjusting ttie shared • property boundary between Lots 8 and 9 involves an equal exchange of lot area (283 sq. ft.) which maintains the same development potential for each lot. The existing Lot 8 structure is legally non-conforming in regard to the minimum 15 foot side setback adjacent to Lot 9. The proposed property line adju:~tment will bring the Lot 8 structure more into conformance with the minimum setback requirements by nearly doubling the constructed setback from the existing 5.5 feet to the proposed 10.6 feet. The existing Lot 8 is legally non-conforming in regard to the 7'wo-Family Residential District standard for a minimum buildable area of an 8CIft. x. 80ft. square. The existing Lot 8 will only accommodate an area of 80ft. x 77ft.; and the proposed amended final plat will maintain this same non-conformity. Both the existing and proposed Lot 9 configurations comply with this standard. (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 adjusting the shared property boundary between Lots 8 and 9 will not negatively affect the workable relationship among land uses as the proposal will maintain the current land uses low density residential. Additionally, this proposal will bring the Lot 8 structure more into conformance with the standards of the Two-Family Residentiial District. (4) The extent of the effects on the future development of the surrounding area; • and Staff Response: The proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 will not negatively affect the future development of the surrounding area as the development potential is not altered. Additionally, this proposal will bring the Lot 8 structure more into conformance with the standards of the Two-Family Residential District. (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 lacilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed amended final plat adjusting 1:he shared property boundary between Lots 8 and 9 will not negatively affect the elements identified in the above criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines; and Staff Response: The proposed amended final plat adjusting 'the shared property boundary between Lots 8 and 9 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 adjusting the shared property boundary between Lots 8 and 9 will continue to allow for the orderly growth of the community and serves the interests of the community as it will bring the Lot 8 structure more conforming in regard to the standards of the Two-Family Residential District. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: Staff does not believe the proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 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. VIII. STAFF RECOMMENDATION • The Community Development Department recommends that the Planning and Environmental Commission approves, with a condition, the amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to shared property boundaries, Lots 8 and 9, Block 2, Gore Creek Subdivision, located at 5119 and 5121 Black Bear Lane, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this amended final plat, the Community Development Department recommends the Commission approve the following conditions: "1. The applicant must execute the relocated utility easements prior to the recordation of this amended final plat. • 2. The applicant and his successors and assigns, shall not be p~~rmitted to • request any variances subsequent to the approval of this amended final plat for Lots 8 and 9, Block 2, Gore Creek Subdivision, on the basis that the resulting approved plat created a physical hardship for developing these lots." Should the Planning and Environmental Commission choose to approve thE; amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the subdivision is in compliance with the criteria listed in Sub-section 13- 3-4A, Vail Town Code, based upon the review outlined in Section Vll of the Staff's May i4, 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 Vll of the Staff's May 14, 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 May 14, 2007, memorandum to the Planning and • Environmental Commission. 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 VII oaf the Staff's May 14, 2007, memorandum to the Planning and Environmental Commission.." IX. ATTACHMENTS A. Vicinity Map B. Proposed amended final plat C. Public Notice • d m LL ~ O N ~2 __ _X +~.w ... " r.o+ sYbir s~~ ~,. Vicinity MAp w.-.r.wr AMENDED FINAL PLAT GORE CREEK SUBDIVISION A RESUBDIVISION OF LOTS 8 AND 9, BLOCK 2 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO crxTnicnTE oP DE~cnnoN nrro oA~p¢ASf op yao~r."r.:..°r°~..~.`:av.^~`..`:.uni~e:.^o :a~.w.. ~ti:~...rw`~...a° m.`,ii.::wn:: M1y in.~.SprrrMrSVAnasr~e.wiiuare.r bwhays^rrr~rr^rr~ra wi aM4n.~NS.16rNaPtr+A~A/lsrsM~s~s.r4^~s Nrrwl~ew MY n~Y1 rw~ tir6+~P~s ~1~m~r.^~4~gM~wr~srt+k l..w.rr~wlwa.~~P~d nFw~r~~.s>ww~~rFa~~k~r~r ~^m~-ar~~~a~rri ~r-e~Am _ba AA an. nt~~cma+awlv~NO...A9s.m.nO+elw~r__b• .~D ri.b M,~sw Ya TfiLE CERIniCASE bed ~rsrr -_~ "+I~f4~trr~iwruesrWr.~s~M~r~lYrne~Y Orr H/ An. Rn. 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CItRK wNDRECWtDERS CERIifICAiE mNa~ .~rub~vse~S~l~r~r - Ow__yR • ! r Attachment C • ~. .+ ~owN o~ u~ 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 May 14, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West • Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 15c Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson 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 shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07- 0024) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson C7 Page 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 2007 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell I. SUMMARY • The applicant, Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A., has submitted a development review application to the Town of Vail Community Development Department to allow for the rezoning of Lot 21, Buffehr Creek Subdivision, from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF). The applicant has submitted the application in anticipation of the desire to perform several small residential additions to the existing units and possible new pitched roof. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the applicant's development review application. II. DESCRIPTION OF REQUEST The applicant, Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A., has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lot 21, Buffehr Creek Subdivision, is rezoned from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF). According to the applicant, the rezoning is intended to facilitate the renovation and additions many of the owners are contemplating for their units and possibly a new pitched roof to alleviate leak problems associated with the flat roof. There are currently six (6) dwelling units located upon Lot 21 of the Buffehr Creek Subdivision, which is four (4) additional dwelling units than permitted on the property according to the Two-family Primary/Secondary District. As this property is legally non-conforming, the limits as to what can be done on the property are severely restricted. Any change to the units on the property, other than regular maintenance, requires one or more variances for density, Gross Residential Floor Area (GRFA), • setbacks, depending on which unit and what is being proposed. The proposed rezoning of Lot 21 to Low Density Multiple-Family District would result in a maximum of seven (7) dwelling units on the lot and the ability to nave total of 16,970 square feet of GRFA for the six existing units. There is currE;ntly 13,272 square feet of GRFA existing on the site, so with the proposed rezoning there would be an additional 3,698 square feet that could be split amongst the Association. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND The Capstone Condominiums were granted a Certificate of Occupancy on December 1, 1978, under Eagle County jurisdiction for six (6) dwelling units and were zoned Residential Multiple Family. On January 29, 1986, the Capstone Condominiums was annexed into the Town of Vail by Ordinance No. 1, Series of 1986. At that time the property wa:; rezoned to Two-Family Primary/Secondary District, which made the property legally non- conforming. On June 8, 1987, Staff recommended denial of a density variance fir Unit 2 to • enclose a deck which added 79 square feet of GRFA to a project which was already over on number of units and GRFA for the lot. Staff cited that it would k-e a grant of special privilege as no hardship was present. By a vote of 3-1-0 the Planning and Environmental Commission approved the density variance request for Uriit 2. On July 7, 1987, the Town Council heard an appeal (called up by Council Member) on the Planning and Environmental Commission approval of a density approval for Unit 2 of the Capstone Condominiums. A motion was made to uphold i,he Planning and Environmental Commission approval and by a vote of 2-2-0 the rnotion failed and resulted in the overturning of the Planning and Environmental Commission approval. There have been several applications for new windows, retaining walls, and roof replacements since the 1987 applications. IV. ROLES OF THE REVIEWING BODIES Rezonino/Zone District Boundarv Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning • • with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12. Vail Town Codej (in part) • Chapter 6D: Two-Family Primary/Secondary District 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses ortwo-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type I employee housing units as further regulated by chapter 13 of this title. Type IV employee housing units, as further regulated by chapter 13 of this title. Chapter 6F: Low Density Multiple-Family District • 12-6F-1: PURPOSE: The low density multiple-family district is intended to provide sites for single-family, two-family and multiple-family dwellings at a density not exceeding nine (!3) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple-family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type IV employee housing units, as further regulated by chapter 13 of this title. Town of Vail Land Use Plan • Chapter 11-Land Use Plan Goals/Policies (in part) General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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 types. • Chapter VI -Proposed Land Use 4 MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 74 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional /public uses such as parks and open space, churches and fire stations. VI. ZONING ANALYSIS • Legal Description: Lot 21, Buffehr Creek Subdivision Land Use Designation: Medium Density Residential Lot Size: 52,577 sq. ft./1.21 acres Buildable Area: 38,570 sq. ft./0.885 acres The following zoning analysis provides a comparison of the development parameters for the existing Two-Family Primary/Secondary District zoning and the proposed Low Density Multiple-Family District zoning. Development Standard Lot Area: Setbacks: Primary/Secondary 15,000 sq.ft. min. Front: 20' Sides: 15' Rear: 15' Height: 33 ft. Density Control: 2 D.U.s GRFA: 46% of first 10,000 sq.ft. 38% of next 5,000 sq. ft. 13% of next 15,000 sq. ft. 6% of lot area over 30,000 sq Site Coverage: Landscaping: Parking: 20% of site 60% of site LDMF 10,000 sq.ft. min. Front: 20' Sides: 20' Rear: 20' 38 ft. 7 D.U.s 44% of the buildable area .ft. 35% of site 40% of site Dependent on size and number of dwelling units The following zoning analysis provides a comparison of the development potential currently allowed under the existing Two-Family Primary/Secondary District to that of the proposed Low Density Multiple-Family District for the Capstone Condominium development. • Develooment Standard Primary/Secondary LDMF Lot Area: 52,577 sq.ft. 52,577 sq.ft. Setbacks: Front: 183' Front: 183' Sides: 12.7'/92' Sides: 12.7'/92' Rear: 13.5' Rear: 13.5' Height: 30 ft. 30 ft. Density Control: 2 D.U.s 7 D.U.s GRFA: 9,804 sq. ft. 16,970 sq. ft. (13,272 sq.ft. existing) Site Coverage: 10,515 sq.ft. min. 18,401 sq.ft. ruin. (3,714 existing) Landscaping: 31,546 sq.ft. 21,030 sq.ft. (28,686 sq.ft. existing) Parking: 3 per unit 3 per unit 18 total 18 total VI1. SURROUNDING LAND USES AND ZONING Land Use North: Multiple-Family South: Multiple-Family East: Single-Family West: Two-Family Zoning High Density Multiple-Family Primary/Secondary Primary/Secondary Primary/Secondary • • VIII. CRITERIA AND FINDINGS Amendment to the Official Zonina Mac of the Town of Vail lrezoninq~ Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Mlap may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone Lot 21, Buffehr Creek Subdivision, from Two-Family Primary/Secondary (P/S) to the l_ow Density Multiple-Family (LDMF) District. • 6 • According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Section V of this memorandum outlines all of the goals and policies implemented or that are relevant to the proposed rezoning of Lot 21, Buffehr Creek Subdivision. The proposed rezoning specifically implements the Vail Land Use Plan land use designation of Medium Density Residential which states, in part, that, "The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 74 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. " • All of the properties surrounding the Capstone Condominiums are located within the Medium Density Residential land use designation (Attachment B). Staff has done some research regarding the initial zoning of this property to Two-Family Primary/Secondary District and found that all the properties surrounding Capstone Condominiums that were annexed by the same ordinance were zoned Two-Family Primary/Secondary District as well while the properties along the North Frontage Road were either zoned Public Accommodation (The Roost) or Residential Cluster (Meadowbrook Condominiums, Buffehr Creek West Condominiums, and Buffehr Creek Condominiums). Staff believes that Two-Family Primary/Secondary zoning was selected for the properties to the north of the properties fronting the North Frontage Road as it was felt that a lower density residential neighborhood was desired. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and • The zone district amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, Capstone Condominiums and the adjoining properties are all designated • Medium Density Residential (Attachment B). A review of the Zoning Regulations demonstrates that the uses allowed in the LDMF= District are compatible with both the intent and purposes of the Medium Density Residential land use designations. 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 LDMF 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 as identified in Section V. Staff believes that the proposed re-zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, if this property were to be rezoned it would eliminated the need for multiple variances. in order to perform any addition. It should be noted that certain proposals by either end unit within the Capstone Condominium development may require a setback variance as the existing structure would not comply with the 20- foot setback on the side and rear. In addition, the proposed LDMF District zoning would provide for an intermediate density zoning between the High Density Multiple-Family District zoning to the north and the Two- Family Primary/Secondary District zoning to the south. 4. The extent to which the zone district amendment provides for the • growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed re-zoning establishes consistent zoning for the property for the improvements currently located upon the site. This re;-zoning will create a zone district consistent with the existing and proposed use of the property. The proposed re-zoning will provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Land Use Plan. For instance, the Vail Land Use Plan designates the site as "Medium Density ResidentiaP'. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the cammunity as a whole as it will allow for the renewal and minimum expansion of the project as it exists today with far less deviation from the existing zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed re-zoning will not significantly alter the existing character or uses allowed on the site. The increase in development potential on the • property equates to one additional dwelling unit, which is not the intent of • the homeowners to add, and approximately 3,698 square feet of GRFA which equates to approximately 616 square feet per unit if it were to be split equally. It is currently the thinking of the Association that several owners would like to expand there kitchen areas on the rear of the structure and possibly place a new pitched roof on the project to eliminate several leak issues. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The LDMF District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. A copy of the purpose statement of the LDMF 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 in conjunction with it's annexation on January 29, 1986, the Town of Vail has adopted a Land Use Plan which was created to guide future land use decisions. The • creation and adoption of the Land Use Plan on November 18, 1986, was the result of extensive study for the redevelopment of the Town. As such, the Town has adopted clearly identifiable goals and objectives for development for all areas of Town. The Land Use Plan identifies this area as being Medium Density Residential. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council, of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lot 21, Buffehr Creek Subdivision from Two-Family Primary/Secondary (P/S) to Low Density Multiple-Family (LDMF). Staffs recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental • Commission and the Town Council shall make the following findings with respect to fhe requested amendmenf: That the amendment is consistent with the adopted goal:a, objectives • and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " X. ATTACHMENTS A. Vicinity Map B. Official Land Use Map C. Official Zoning Map D. Public Notice .] • 10 Capstone Condom iniums - 1817 Meadow Ridge Road Rezoning from Primary Secondary District to Low Density Multiple Family District Planning and Environmental Commission - May14; 2007 - D rt n ti 7 W .. i ~~. P x ~` cyrp. ~u a ~ o " f~:: r', © " ~., r, ,. j ~l '' ,r -- ~ e 1 1~ I Fee[ o sa roo zoo '/ i / ~ ,~/%/,// :'~~~~ T1115 map was Crealetl oY the Town O< Vdil GIS wvkgmu~. Use U this map sfloultl be <Q gareral purposes Dory me sown m van aces na[ accurary of me _ . rerem (where spawn, parcel Ilse work is , .... _) LAND USE ~- ~ Low Density Residential u Medium Density Residential -Community Commercial ~-~ Park 'L; Open Space Capstone Condom iniums - 1817 Meadow Ridge Road Rezoning from Primary Secondary District to Low Density Multiple Family District Planning and Environmental Commission - May14. 2007 - D rt n 3 c~ n e Subject Site /, ~~ ~~~~ ,' it ',,l ~ ' ~ r'~ /~ ~ ~i/~ ~., i ~ ~i I u I FE2t o so too zoo ,_ ,:, ,. ~• ,- ;- ,: ; . ._.., /~ /~ i i t' /' %~ % % J '~ ~- ;- _ ~, ; , ;r ©~ % ,` ~ %. ~~~ ~- - ZONING Two-Family Primary/Secondary Residential Residential Cluster U fvtedium Density Multiple Family Public Accommodation 2 _ Commercial Core 3 Outdoor Recreation - Natural Area Preservation -General Use This mc~ way ~reatea oy the-own of Vail GIS w[xkgroup. us- o! 7is .~~~p s~~c~~.~ oe !or ~_nz~a ou~~, c~e_ ^nr~ TnE T~iW(I Of Vail tl0E9 n[d wdl2~.: V1E aLCUfGLy' G" N' .. ._ f1El Eif1 tluh225hOMn,p3l21 liftE wOfk iS ~.. .., ...) it rowx o~ u~rc 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 May 14, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road • West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1St Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson 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 shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07- 0024) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson n LJ Attachment D ~ µ~ 07 al,~(~, Page 1 . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 2007 SUBJECT: A request for a work session to discuss the development applications necessary for the review of the redevelopment of the Clock Tower Building (Gorsuch Ltd. Building), located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1 and Lots C and F, Slifer/McBride Subdivision. (PEC07-0025) Applicant(s): Gorsuch, Ltd. and John P. Frye Planner: Scot Hunn/VVarren Campbell I. SUMMARY McBride, represented by Tom The Applicant(s), Gorsuch Ltd. and John McBride, represented by Tom Frye of • Resort Design Associates International, has requested a work session meeting with the Planning and Environmental Commission to discuss the proposed conceptual plans to demolish and re-develop the Clock Tower Building in the Commercial Core 1 (CC1) zone district of Vail Village. The Clock Tower re- development project includes, but is not limited to, demolition of the old Clock Tower building in its entirety (inclusive of the clock tower) and the subsequent re- development of a new building and clock tower in the same location. Discussion is requested with regard 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 the Vaii Village Master .Plan, the Vail Village Urban Design Guide Plan, Town of Vail Streetscape Master Plan Addendum and the Town's Zoning Regulations which will apply to any formal submittal, review and approval processes. II. DESCRIPTION OF THE REQUEST The purpose of this meeting is to discuss how the Clock Tower re-development proposal compares to the zoning regulations prescribed for development within the Commercial Core Area 1 zone district, master plan documents, as well as 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. The Applicant has submitted a set of concept plans for review • and consideration dated May 10, 2007. The attached plan sets (Attachment B under cover of memo) indicate proposed • improvements including but not limited to: • Three floors (above grade); total five floor levels (four finished) inclusive of asub-basement level (storage), basement (retail), main/street level (retail), second level (retail), and third level (restaurant, office, conference room) • Outdoor terrace (heated) space on street level (Bridge Street) and on third floor as portion of proposed restaurant space/use • Streetscape improvements on Gore Creek Drive and Bridge Street • Eliminated entry on Bridge Street • Revised tower design & height; increased building height in certain areas In addition, the Applicant has provided calculations relative to (gross) square footage of commercial/retail and office space within the existing and proposed structure (Attachment C - pg. 18). Briefly (in part): Existing Proposed Increase Total 24,658 sq. ft. 35,786 sq. ft. 11,128 sq. ft. Of note is the addition of a third story above grade/street level where office and restaurant space are contemplated, the proposed "sub-basement" level below a true basement retail floor, as well as the elimination of habitable space within the upper portions of the tower element. The Applicant proposes this re-development in order to gain a more functional • floor plan and improve retail operations on the site. Simply, the existing building has been remodeled several times, yet still presents unique challenges from a retail/merchandising and operations standpoint. Therefore, a primary goal of any re-development of this site will be to increase functionality, increase; usable (retail) square footage and to improve circulation within the store. The intended outcome of this meeting is for the Commission to have a greater understanding of the Master Plan recommendations and guidelines affecting re- development within the Commercial Core 1 area and to allow the Commission, Applicant and public an opportunity to comment on the project's potential benefits and impacts. 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 input and direction to the Applicant on the issues related to the proposal, as well as specific or additional requirements for the impending review and approval processes. To this end, the Clock Tower• building re-development project includes the following primary application arn~ review component(s) and considerations: • A major exterior alteration application pursuant to section 12-7B-7 of Title 12, Town of Vail Municipal Code • 12-22: View Corridors • Exemption Plat Review Procedures pursuant to Chapter 12, Title 13, Town of Vail Municipal Code • • The Town of Vail Land Use Plan 2 • The Vail Village Master Plan; • The Vail Village Urban Design Guide Plan; • The Town of Vail Streetscape Master Plan Addendum III. BACKGROUND The Clock Tower building re-development project is the comprehensive re- development of Lot(s) `D' & `E', Block 5, Vail Village, First Filing and Lot(s) `C' & 'F' Slifer/McBride Subdivision. This highly prominent development site is located in the center of the Commercial Core 1 zone district -within the historic Vail Village, at the northeast corner of the Gore Creek Drive and Bridge Street intersection. 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 to 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." • The Clock Tower building has undergone multiple additions and remodel projects since original construction. The combined total area of the site is approximately 0.205 acres (8,929.80 sq. ft.) in size. A vicinity map has been attached for reference (Attachment A - pg. 17). 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 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 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 followring: - Pedestrianization - Vehicular penetration - Streetscape framework - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental • Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvementr~ and landscaping. " Design Review Board: Action: The Design Review Board has no review authority on a Ntajor 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 4 • _ 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.* *Note: Staff is recommending that the Applicant meet with the Town Council prior to proceeding with any further application submittals and reviews by the PEC with the specific intent to obtain "Permission to Proceed" with regard to any proposals for improvements (uses) within the public way. 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) 12-78-1: 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 fo ensure the maintenance and preservation of • the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and • architectural qualities that distinguish the Village. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND l=LOOR (in part): B. Conditional Uses (in part): The following uses shall be permitted any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. 2. Eating and drinking establishments, including the following (in part): Cocktail lounges and bars Restaurants 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 roofline:s, 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): 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form • provided by the Administrator. Any application for condominiiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 12-78-20: VA/L 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 improvement 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 16 -Conditional Use Permits (in part) 12-16-1: PURPOSE (in part): In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the grantiing of a conditional use permit. Because of their unusual or special characi:eristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between . conditional uses and surrounding properties and the town at large. 6 • 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 protection 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 built 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, 280 Bridge Street, and beyond to the ski slopes. (Please see Attachment D - pg. 19) E. View Point #6: A view looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the Gore Range. (Please see Attachment E - pg. 20) 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. 7 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 qualify of the urban designs of the Vail Village. Nofinrithstanding 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 Applicant 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 i:he Vail Village Urban Design Guide Plan). Vail Land Use Plan • The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by i:he 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 artiiculated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction withh 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 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 SkierITourist 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. 9 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 Villaae Master 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 de:cision- making in achieving each of the stated objectives. The Clock Tower 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): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense pf community and identity. 1.2 Objective: Encourage the upgrading and redeve/oprrient of residential and commercial facilities. 1.3 Objective: Enhance new development and redevelopment ithrough public improvements done by private developers working in coot>eration • with the Town. 10 • 1.3.1 Policv: 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 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 Policv: 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 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. 11 3.1.1 Policv: Private development projects shall incorporate • streetscape improvements (such as paver treatments, landscaping, lighting 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 ark streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as aittractive 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 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Vail Villaae Urban Desian 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 establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. 12 • Town of Vail Streetscaoe 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. A summary of the analysis is provided below: Street Address: 263 Gore Creek Drive Parcel Number: 210108229003 Zoning: Commercial Core 1 (CC1) zone district Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development Development Standard Buildable Lot Area: Allowed/Reauired Existing Proposed 5,000 sq. ft. (min.) 8,929.80sq.ft. no change • Setbacks: Building Height: Density: DU's- dwelling units AU's- GRFA: Site Coverage: Landscape Area Parking: 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 Unknown Unknown None None Unknown Unknown None None 80% or 7,143.84 sq. ft. 80% (max.) or 7,143.84 sq. ft. Per the Vail Village Urban Design Guide Plan Pay-in-Lieu (12-76-17) None Unknown Loading: 1 berth (<=10,000 sq. ft. ); 1 berth plus 1/every 5,000 sq. ft. over 10,000 sq. ft.; or, 6 berths (3 total per section • 12-10-15)** None Unknown 1 berth 13 Notes: VII. * Setbacks vary around the development site depending on the location of the `build-to-line" specified in the Vail Village Master Plan. ** Total berths required for multiple use loading facilities per credit granted pursuant to section 12-10-15. SURROUNDING LAND USES Land Use Zoninct North: Mixed Use Development* Commercial Core 1 (CC1) South: Mixed Use Development Commercial Core 1 (CC1) East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR) West: Mixed Use Development Commercial Core 1 (CC1) *Note: Adjacent buildings located to the north 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. VIII. DISCUSSION ISSUES The Applicant has submitted conceptual plans for discussion purposes at this time and has not provided a complete application. Overall, Staff suggests that the level of detail and information provided for this stage of (conceptual) review by the PEC is adequate and appropriate. Questions or areas of focus for any review and discussion might include: Design: o Massing and Bulk o Roof composition -pitches, overhangs and forms o Clock Tower design elements o Facade and Fenestration o Street level entry points and transparency at "Pedestrianization" and "Vibrancy" o Building height calculations • Uses: o Retail/Restaurant components o Outdoor heated terraces/outdoor dining • Construction Impacts o Code Compliance (zero lot line construction) o Impacts to adjacent structures/uses pedestrian level, Public Way: o Improvements within the public way, "Permission to Proceed" and goals of Streetscape Master Plan -potential impacts and/or improvements to the public realm and vitality of the streetsc:ape 14 • • • • o Improvements within adjacent alleyway (Tract(s) B & C) -potential impacts and/or improvements to access, parking and loading will need coordination with Town officials Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Town of Vail Town Council "Permission to Proceed" with planning of improvements within Town right-of-way; 2. Supplemental Regulations (Chapter 14) • Architectural Projections above Height Limit (12-14-4) • Application and Interpretation of Height Limits (12-14-10) • Commercial Core Construction (12-14-20) 3. Parking Analysis -pay-in-lieu fees 4. Housing Analysis -pay-in-lieu fees 5. Site Coverage -existing and proposed 6. Landscape Plan/Streetscape design elements 7. Grading, drainage and erosion control plans 8. Building Height Calculations -Roof plan indicating all proposed ridge elevations, drawn over existing and proposed grades 9. Proposed Encroachments into Existing View Corridors (12-22-6) 10. Subdivision Regulations -Title 13 • Re-subdivision of existing lots into one lot 11. Development Standards -Title 14 12. Proposed'' Next Steps in the Development Review Process/Applications required: • Request "Permission to Proceed" from Town of Vail Town Council~for proposed improvements within the public way • Submittal of complete application for Major Exterior Alterations • Submittal of complete application for Conditional Use for third floor "Eating and Drinking Establishment" • Submittal of Exemption Plat (Amended Final Plat) • Return to PEC for formal review in June/July time-frame (based on Applicant/project time frame) of: o Major Exterior Alterations Application o Conditional Use Permit Application o Exemption Plat o View Corridor Amendment (if applicable) • Submittal of complete DRB application for Major Exterior Alteration • Proceed to DRB for Conceptual Review following subsequent PEC meeting in July/August time-frame • Return to PEC for Final Review/Review of Plat in July/August time- frame • Return to DRB for Final Review in August/September 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). 15 IX. STAFF RECOMMENDATION • As this is not a final review, the Community Development Department will not be making a recommendation at this time. Staff is recommending, however, 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 June or July for formal review. X. ATTACHMENTS A. Vicinity Map B. Reduced Plan Set (under cover of memo) C. Square Foot Calculations (by Applicant) D. View Corridor Image -View #1 E. 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I I I g ~, ®, -~Q ~~ ~ ~ ~, ~ ~ __~ -- ~-~ ~,, ~ ~ ~, ,~I ~, , ~' ~' '~ ~ ~- P. ~ ~~..., ~~~~~~~y ~~ ~~\~ y I I I ~ \\\ N I~~~ ~` ~~ :~~ e a • Attachment C RESOHI J11 SIGN } ,~ ,~SSU(I.A1LS Scot Hunn Senior Planner Town of Vail Community Development 75 South Frontage Road Vail, Colorado 81657 The following is a summary of the square footage calculations for the existing Clock Tower Building and [he current proposed building design. The areas included are gross square footage calculated to the outside face of huilding. Floor Level Existing Clock Proposed Building Increase Tower Building Design Sub-Basement Level ~ s.f. 8,080 s.f. 8.080 s.f Basemen[ Level 7,455 s. f. 8,0811 s.f. 625 s,f Street Level 7,869 s.f 8,045 s.f. 176 s. f. Second Leve] 7,913 s.f 8,045 s. f. 132 s-f Third Level 687 s f.** 3,536 s f '_,849 s.f Fourth Level 367 s.f.** 0 s.f (367 s-f) Fifth Ley~l 367 s.f ** 0 s.f. 36~ Totals 24,658 s.f. 35,786 s.f. 11,128 s.f. • Square footage not used for merchandise display or customer access. ** Square footage in clock tower offices and office on northeast comer of building. I'he final areas for the proposed building design will evolve as o ur design evolves and we will, of course, update this • Summary throughout the review process. Tom B Frve Resort Design Associates Intemationa] • 18 • Attachment D #1 • • 19 • Attachment E 20 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 2007 SUBJECT: A request fora work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC, has requesting a public hearing with the Town of Vail Planning and Environmental Commission to discuss the development review • applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West. The applicant and staff would like to: Introduce the Team working on Ever Vail • VRDC • Callison Architecture • Alpine Engineering • Mauriello Planning Group • Other Consultants • Presentation by Callison Architects • Background and experience • Examples of other work • Vision for Ever Vail • Village Concept • LEEDs building design • Existing Conditions/Proposed Frontage Road realignment • Givens regarding Ever Vail • Compliance with Lionshead Mixed Use Zoning • Compliance with the Lionshead Redevelopment Master Plan • Compliance with employee housing regulations • Frontage Road realignment . • Incorporation of a ski lift Incorporation of a public/private parking structure for the ski lift • Incorporation of Red Sandstone Creek as an amenity/feature in the development • Market research performed to-date • Process and Applications • What has been submitted • What will be submitted • Next steps Topics to cover at future meetings • Project education • Market/retail analysis • Review of major subdivision • CDOT process for Frontage Road realignment • LEEDs building design impacts • Rezoning of the properties • Review of possible text amendments to Lionshead Mixed use zoning to allow for office on the first floor and possible other changes • Review of Conditional Use Permits for the ski lift and parking • Review of Major Exterior Alteration applications The Town of Vail Planning and Environmental Commission is being asked to f. listen to the presentation and provide any feedback that is appropriate at this time. • Is there any initial input the Commission would like to provide? • Are there any requests for information that may be atypical to the standard review process that the Commission believes is needed to review the applications associated with Ever Vail? • Are there any items of concern for the Commission that should be addressed moving forward? The development of Ever Vail will have multiple applications associated with the process of moving forward through the entitlements. The approval from CDOT to realign the Frontage Road is the lynch pin in the development of Ever Vail. The process with CDOT has begun and formal applications will be submitted in the near future. As we move forward many applications will need to be reviewed with the assumption that CDOT will approve the Frontage Road realignment. Just like with the Front Door applications, which hinged upon the land exchange with the Forest Service, Ever Vail, will be moving forward while CDOT is reviewing the application for the Frontage Road realignment. •, Z • tl. BACKGROUND On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval of the proposed amendments by a vote of 4-1-0 (Dewitt opposed). The initial concepts include, the addition of a skier gondola in the location of the old gas station site, the development of mixed use areas, including housing, retail, and office spaces, to create a new portal to the mountain with all the typical skier services, and the possible relocation of the South Frontage Road. On January 2, 2007, the Town Council directed staff to remove Tract K and the other parcels proposed for inclusion within the Lionshead Redevelopment Master Plan by the Town staff from the proposed text amendments. In addition, at this hearing direction was given to staff and Vail Resorts regarding employee housing, traffic generation and mitigation, and a transit center. On February 6, 2007, the Town Council by a vote f 5-1-0 (Foley opposed) approved Resolution No. 4, Series of 2007, which adopted the amendments to the Lionshead Redevelopment Master Plan for the area known as "West Lionshead". III. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail • Planning and Environmental Commission tables this application to the June 11, 2007, public hearing. IV. ATTACHMENTS A. Existing Ever Vail Conditions B. New Frontage Road Alignment C. Public Notice • • • • _._. _ ~ ~ ^ ^ ^ ~ '~ ~ ,r,~ ~ / " Ex i ~ n~ ve r Va ~ ~5os -- o -rt r~.d v ~- ~~ - - - 1, . ; ~ -' ~, ,ii'/, ~/~ ~ ~ 9,~,,. / ; ~ r /~ r _-"µinrF _ Loot/ / , -.. ~~ -., , - / j ~ " -~ ~ _.._.._ ~ 5 % era.e ! ~~ ~ ~ . ~;~~ ~i ~' ~ ~~ ~ '~ ~ r.o~~ r,aKr~c . ' . ...._ _ ~ ~~ j~ ~ / ~ 6/95.6 J jl 1 `` _-. ~~ 'i pfd/` /~ i/ d130.9 i ~~ !, i ~~1 I dlr> t _ d'r-.~ ~ ~ = ~,/~ .I ~ is ~ w~u~r ~ m 8rre'1 c ' v_ -- ' dt9~.d' ~ ~ i ~ ~% i ~ L, ///~~/ , ~ ,~ 9 NO R0.W. I % ~ XrJ7.7 j -- -,~ ,ltl~ iJ~ ~YClLW ~~~ I ~`\ i ~///'/ / , a ~~ ~ ~ ~ v...~.wlw ~ I ~~ ~ 1 .1 ~,~ ~ ~ -- ~' i c.u.oe c>pww ` ,' r-""' , ,/ /- - , _ _ . _' \ ~y+r~^ ~ r we nvu ,, ` ~ f`~ .~ Jr096 "T _ ~; / i wf . -~ ~ '' rrf ~ ' ~ ~~~ ernes 1 \ i `~ ~ , {l t ' ", , _ ~'. ~„~(~ MIIC6 TNM ! l BOB2.7 errJ. -~"~~ ~xo ,r. 5 ~ ~ ~1', - Bence eur6wo rte. - , eno~c6r l.. r~ I I I .~ ~ I - I ~ I Ilr i I j ~~.. ~ ~~~ ~~ ego. ~~a r g F Nevi - ~ef.9.s --_ - ~' erne.: _ _ e,~ •-~ r ~. ~// q4 ~ L j ~0 • ~ / ~ ~ e1J0.9 ~' N J ,\ U~0/ / / ~ /~ v~ / / - ~~ .- er:e.~ v ~ ,;-" /~ erY>.t s,y ~ ~ a i'~ , ~4 - -~ ~' - ~ ' 1 ~ %" ~ti ~, ._ g}JTr1 ~~ ~I . ~ ~ `w~~ ,`!S~ ~ of !T.Y ~ ~ I 4 .j ,, // r i i j /. ~.. ,~ ~.. ~ ~~ { I. ~ - ~.. ~~-~ ~ ~ . ~~ 9 i~r~ ~ I.ff~ K eflrs gl rT.b ~ .i'. ,. ~/ i iii r %' erJ+.e _ 8) f0Y1NF~~~ f1~IVU101f ~/ sf~Y.e ~~~1pM . /`~ ''~ - i ' i .m+ .~~,••~~ _~' -'". mss- f~ -:= ~tD''~~ / r'te' yisnrww ~ l~~,.~ e ~ _ ?~, /f -_ - ' yrpyrtld / _ _. -_. _. - 11W~ f ~ ..~~~ ~~~ ~._ ~" i, ~ "~ ~~, _ 1 ~ y_ ~. ~~.. 1` ./'~ ~' 1 ..~~'" ~..~ _. ~ r'` eoex.T ~ ~. i ~.~_ ~, ~ ~` ', _ -~, ., ~~...f. _ _ ._...~ ~' j I ~ l ~ ~ ~ ~ ~ S • i 1 ~ ~ ~ ~ ~ ~ ;' _, I it TOVVNOFYAIL ~ 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 May 14, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC07-0018) Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A. Planner: Warren Campbell A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1St Addition, and setting forth details in regard thereto. (PEC07-0023) Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner: Bill Gibson 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 shared property boundaries, located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07- 0024} Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson • Attachment C .~ ~I~~ °~ Y~ Page 1 1972 • 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 5/11/2007 and that the last publication of said notice was in the issue of said newspaper dated 5/11/2007. In witness whereof has here unto set my hand this 7th day of June, 2007 /l ~~ Publisher/G~neral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 7th day of June, 2 My Commissi PAI~EW .9. ~V~~IL~ °~~~• 1, 2007 / /o r ~' amela Joan Schultz - Notary Public PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING May 14, 1: TOWN COUNCIL CHA PUBLIC WE4 C MEMBERS PRESENT MEMBERS ABSENT Site Visiffi: - 1.Augustine Residence n 5119 and 5121 Black Bear Lane 2.Capstone Townhomes n 1817 Meadow Ridge Road 3.Gorsuch Building n 263 East Gore Creek Drive Driver: George 15 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 the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1st Ad- dition, and setting forth details in regard thereto. (PEC07.0023) Applicant:Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner:Bill Gibson ACTION: MOTION: SECOND: VOTE: 15 minutes 2.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 shared property boundaries, locat- ed at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07-0024) Applicant:Lisa Augustine, represented by JMP Ar- chitects Planner. Bill Gibson ACTION: MOTION: SECOND: VOTE: 15 minutes 3.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to aNOw for a rezonng from Two-Fam- ily Primary/Racorbary District (P/S) to Low Density Multiple F:xrMy DisoiCt tLUMF), located at 1817 Meadow Ridge Road/Lot 21, Buttnhr Creek Sutldi- vision. erM setflnp forth dete8s in regard thereto. (PEC07-0018) AppkcantCapstone Tpwntame Association, repre- sented by Marc Levam, Presidem of the H.O.A. Planner. Warren Campbell ACTION: MOTION: SECOND: VOTE: 30 minutes 4.A request fora work session to discuss the development applications necessary for the review of the redevelopment of the Clock Tower Building ~Gorsudr Building), located at 263 East Gore 9.In}ortnation Update 10.Adjoumment 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) 479-213$ 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 May 11, 2007, in the Vait Daily.(329511) r~.nni ~...,, n„m, _ 1962 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. • THIS ITEM MAY AFFECT YO PERTY ~ PUBLIC NOTIC 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 May 14, 2007, at 1:00 pm in the Town of Vail Municipal Building, in con- sideration of: 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 4/27/2007 and that the last publication of said notice was in the issue of said newspaper dated 4/27/2007. In witness whereof has here unto set my hand this 7th day of June, 2007 ~ ; ,/ lj r ~~ublisher/~neral ManagerBditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 7th day of June, 2007. o'~~Y'Pve ~, • ~ ~ 0 PAMELA J. :p SCHULT~ My Commission~res: Noveu~ ~~~!!l~~~ ~ ~~~~ ~~,'-~ ~~amela Joan Sc ltz Notary Public A request for a recommendation.YO the Vail Town Council for a zone district boundary amendment, ~, pursuant to Section 72-3-7, Amendments, Vail Town Code, to albw for a rezoning from Two-Fam- ityty Primary/Secondary District (P/S) to Low Density Iuiultiple Family District (COME), located at 1817 Meadow Ridge Road/LOt 21, BuHehr Creek Subdi- vision, and setting forth details in regard thereto. (PEC07-0018) Applicant:Capstone Townhome Association, repre- sented by Marc Levarn, President of the H.O.A. Planner:Warren Campbell A request for a work session to discuss the devel- opment review applications necessary for the re- view of the redevelopment of the properties known as "Ever Vail' (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road WesUUnplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant:Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner:Warren Campbell A request for a final review of an amended final plat, pursuan! to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 1st Ad- dition, and setting forth details in regard thereto. (PEC07-0023) Applicant:Todd and Cindy Oliver, represented by TAB Associates, Inc. Planner:Bill Gibson 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 shared property boundaries, locat- ed at 5119 and 5121 Black Bear Lane/LOts 8 and 9, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07-0024) Applicant:Lisa Augustine, represented by JMP Ar- chitects Planner:Bill Gibson A request for a work session to discuss the Bevel- ' opment applications necessary for the review of the redevelopment of the Gorsuch Building, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1. (PEC07-0024) Applicant:David and Renie Gorsuch, represented by Resort Design Associates Planner:George Ruther 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 orientatwn 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 April 27, 2007, in the Vail Daily.(306333) PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~. June 11, 2007 ~r~~y~,~' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Bill Jewitt Michael Kurz Rollie Kjesbo arrived at 1:05 Bill Pierce arrived at 1:10 David Viele arrived at 2:00 Site Visits: None 10 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 456 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Cleveland SECOND: Gunion VOTE: 5-0-0 1. The sale of merchandise is prohibited. 2. The parking for the business office shall be located within the existing 38 spaces located west of the clubhouse building and shall be maintained separate from the areas designated for residential parking. 3. No overnight parking or storage of commercial vehicles associated with the business office use shall be permitted. 4. The number of employees allowed in the business office shall not exceed 23 (i.e. one employee for each two hundred square feet of net floor area). Bill Gibson gave a presentation per the staff memorandum. Henry Pratt, representing the applicant, was available for questions. The Commissioners expressed support for the application. There was no public comment. 15 minutes 2. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Page 1 Applicant: Town of Vail Planner: George Ruther ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 George Ruther gave a presentation per the staff memorandum. Anne Gunion asked for clarification on the charts and tables at the end of the memorandum. Dick Cleveland stated that when this property was purchased, it was intended to be redeveloped with employee housing. He expressed concern about the openness of the Housing District, however, there are several additional layers of review with which he is comfortable. 10 minutes 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Dewitt opposed and Pierce Recused) 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2009. 2. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. 3. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. Bill Pierce recused himself. Bill Gibson gave a presentation per the staff memorandum. Jay Peterson presented an overview of the proposal and how conditions had changed since the initial conditional use permit approval in 2005. Kaye Ferry asked why the extension was needed. Jay Petersen, representing the applicant, explained how conditions have changed, including how the office proposal for the North Day Lot has been delayed, and how the new Ever Vail project is now the preferred permanent location for these office uses. Kaye Ferry stated that she has received several requests each week looking for retail locations. She believes there is currently high demand for retail tenant space. Page 2 Dick Cleveland asked about the current lease expirations. Dick Cleveland opposed changing the definition of temporary office. He was conflicted between trying to keep Mountain Operations in Town and returning the space to retail. Rollie Kjesbo believed that as a part of the original approval, the office was suppose to go into the Arrabelle. Anne Gunion reviewed the definition of a Temporary Business Office, and believed it was difficult to approve an extension. Brian McCartney explained that the office space is now proposed to go into the Ever Vail project. Michael Kurz asked how many employees were housed in theses offices. Brian McCartney stated that 50 to 60 people were working in these offices. Bill Jewitt expressed that there was a need for retail and retail would come back to places like Treetops and Concert Hall Plaza if it were available. He does not believe the definition allows for the extension of the past three years. 10 minutes 4. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) . Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Jewitt opposed and Pierce recused)) 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2009. 2. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. 10 minutes 5. A request for a final recommendation to the Town Council fora prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (PEC07- 0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 5-1-1 (Cleveland opposed and Gunion recused) Items 5 and 6 were read into the record and reviewed concurrently. Page 3 Warren Campbell presented an overview of the proposal and the staff memorandum. Dave Kaselak, the applicant's representative, gave a powerpoint presentation summarizing the proposal and the changes that have been made since the Commission's last review. There was no public comment. The Commissioners generally supported the applicant's proposal for the reasons found in the staff memorandum. Commissioner Cleveland opposed a site coverage increase from 15% to 20%, but he supported the proposed changes to the GRFA maximums found in the Lot Summary Chart on the plat. 15 minutes 6. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-1 (Gunion recused) CONDITION(S): 1. Approval of the Amended Final Plat, Fourth Amendment To Spraddle Creek Estates. Part of the SE '/< SW 1/4 ,Section 5. Township 5 South, Ranae 80 West Of the Sixth Principal Meridian, Town Of Vail. Countv Of Eaale, State Of Colorado, shall become effective upon the adoption of the ordinance amending the text to increase the maximum allowable site coverage from 15% to 20% within the Hillside Residential District. Items 3 and 4 were read into the record and reviewed concurrently. 20 minutes 7. 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: Tabled to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 Warren Campbell presented an overview of the proposal and the staff memorandum. Rocky Cortina, applicant's representative, introduced the design team. Edwardo Illanes, OZ Architects, presented an overview of the architectural concepts. Allison Ochs, Mauriello Planning Group LLC, and Will Henschel, OZ Architects, presented an overview of the proposed development statistics and a description of how the proposal addresses the Town's zoning and master planning standards. Page 4 Commissioner Jewitt noted that he liked the project, specifically the interior courtyard and the lowering of the existing grades. Geoff Wright, manager of the Enzian, noted that their association has not decided if they will enter into the project or not. They would like to see additional clarification of the details for what will be occurring within the Enzian parking and access easement. Commissioner Cleveland noted his concern about preserving hot beds, since most optional rental programs do not have 100% participation. He is also concerned about calculating dwelling unit lock-offs as hot beds. He would also like better clarification around how the project is defined for calculating EHU requirements. Commissioner Pierce noted his concerns about the strong deviations from the architectural character of the other buildings in the Lionshead area. For example, he doesn't see enough off- sets in the facades of the building to meet the requirements of the Lionshead Redevelopment Master Plan. Jim Lamont, Vail Village Homeowner's Association, asked for clarification as to which off-set requirements were being referred to on the proposal. Commissioner Pierce clarified the technical standards of the Lionshead Redevelopment Master Plan. Commissioner Kurz likes the courtyards; however, he has the same concerns as Commissioner Pierce that this building does not reflect the architectural style of Vail and Lionshead specifically, as required in the Master Plan. Jim Lamont noted that the adjacent Vail Spa is a very contemporary building. He has noticed that many European cities are evolving away from traditional mountain architecture. He argued that in this era of environmentalism, projects need to be reviewed as to what the designers are bringing in terms of efficiency and green building. He is concerned that some feel Arrabelle will be too "campy" in the end and another version of "palace architecture" which may not be desirable. We need to keep up with styles of other ski resorts. Commissioner Viele likes the proposal and believes it fits the vernacular of the Frontage Road and another "palace" would be out of place. He noted that deviations could be granted from the architectural standards per the Master Plan amendments adopted in conjunction with Arrabelle. Commissioner Gunion believes the proposed architecture fits the transition between Arrabelle and Vail Spa. She agrees with some of Commissioner Pierce's comments that the details are the character of the building and will need to be done well. She recommended that a physical model be submitted. Commissioner Jewitt also recommended a physical model be submitted. He noted that he didn't have a concern about ground level dwelling units facing the inside courtyard. Jim Lamont noted that the articulation of the Frontage Road will be important. Bill Pierce noted that the spaces between buildings are more important than the individual buildings like on Bridge Street. 8. 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 Page 5 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 June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 9. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Table to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 10. A request for a final recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 11. Approval of May 14, 2007 minutes MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 12. Information Update 13. Adjournment MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 8, 2007, in the Vail Daily. Page 6 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2007 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12- 6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson SUMMARY The applicant, Booth Creek Management Corporation, is requesting a conditional use permit pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums. • This conditional use permit request will allow fora 2,268 net sq.ft. expansion to the applicant's existing business office located at the Potato Patch Clubhouse. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Booth Creek Management Corporation, is requesting a conditional use permit pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums. This conditional use permit request will allow fora 2,268 net sq.ft. expansion to the applicant's existing business office located on the second level of the Potato Patch Clubhouse. The proposed expansion will be located over an existing, second level, common area deck on the southern portion of the building.. The applicant is also proposing to up-grade the existing lower level southwest entrance to the building. Additionally, the applicant is proposing minor upgrades to the entire building, so the existing and proposed elements will blend aesthetically and appear to be a single structure. These minor up-grades do not require review under this conditional • use permit application, but will be reviewed by the Town of Vail Design Review Board. A vicinity map (Attachment A), Applicant's Letter dated May 14, 2007 (Attachment B), Homeowner's Association email dated June 6, 2007 (Attachment C), photographs (Attachment D), architectural plans (Attachment E) have all been attached for reference. III. BACKGROUND The Potato Patch Clubhouse was approved by the Town of Vail and constructed in 1979. The original clubhouse included a restaurant use. That restaurant us,e no longer exists. There is now a business office, Booth Creek Management Corporation, located within the clubhouse in addition to locker rooms and other club member's areas. In the fall of 2006, the applicant, Booth Creek Management Corporation, and the Potato Patch Club Homeowners Association submitted an application to amend the Vail Town Code to allow both business and professional offices within the Residential Cluster District. On November 13, 2006, the Planning and Environmental Commission voted 5- 0-0 to forward a recommendation of approval for the proposed amendments to the Town Council. On December 19, 2006, the Vail Town Council adopted Ordinance No. 33, Series of 2006, to allow "Business Offices" and "Professional Offices" a~; conditional uses within the Residential Cluster District, subject to specific criteria and standards. IV. APPLICABLE PLANNING DOCUMENTS CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and' enhance its natural environment and its established character as a resort and residential community • of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parkincl and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities>, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. • 2 • ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part) Section 12-6E-1: Purpose: The residential cluster district is intended to provide sites for single-family, two-family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Section 12-6E-3: Conditional Uses The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by Section 12-14-18 of this title. Business offices, as further regulated by Subsection 12-16-7A73 of this of/e. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by Section 12-14-12 of this title. Private clubs. Professional office, as further regulated by Subsection 12-16-7A 13 of this title. Public buildings, grounds and facilities. • Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 111 employee housing units (EHU) as provided in Chapter 13 of this title. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Section 12-16-7: Use Specific Criteria and Standards 13. Business offices and professional offices in the residential cluster zone district: • a. Offices for physicians, dentists and similar medical practices shall be excluded in the residential cluster zone district. 3 b. Business and professional offices shall be secondary to the resider,~tial use of • the district. The net floor area of the office use shall be no greater than fifteen percent (15%) of the allowable gross residential floor area of the development site. c. The sale of merchandise shall be prohibited. d. Off street parking shall be provided in accordance with the provisions of chapter 10 of this title and shall be clearly separate from the area designated for residential parking. e. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. f. Signage shall be permitted in accordance with subsection 11-6-3A, business signs within sign district 1 (title 11, "Sign Regulations'; of this code) and shall be subject to review by the design review board. g. The number of employees allowed in a business office or professional office within the residential cluster zone district shall not exceed one emplo;/ee for each two hundred (200) square feet of net floor area. h. Homeowners' association approval shall be required of all conditional use permit applications for a professional office or a business office within the residential cluster district, pursuant to subsection 12-11-481 d, "Applic;ation Form ; of this title. V ZONING ANALYSIS • Zoning: Residential Cluster District Land Use Plan Designation: Medium Density Residential Current Land Use: Business Office and Clubhouse Lot Size: 480,031 sq.ft. (11.02 acres) Hazards: Medium Severity Rockfall (rockfall hazard does not affect the Clubhouse) Development Standard Reauired Existina Proposed Site Coverage (entire site): 120,008 sq.ft. (max) 64,367 sq.ft. 64,578 sq.ft. (+211) Landscape Area (entire site): 288,018 sq.ft. (min) 292,990 sq.ft. 292,779 :~q.ft. (-211) Height (clubhouse): 33 ft. (max). 29ft. 2 in. 31ft. 4 in. Office Floor Area (entire site):25,921 sq.ft. (max) 2,501 sq.ft. 4,769 sq.ft. (+2,268) Parking (clubhouse): 19 spaces (9 new) 38 spaces" no change * These 38 existing spaces accommodate the business office, club house facilities, tennis courts, and swimming pool • 4 • VI. SURROUNDING LAND USES AND ZONING Land Uses Zoninq North: Open Space Natural Area Preservation District South: Open Space Natural Area Preservation District East: Residential Two-Family Primary/Secondary District West: Residential Medium Density Multiple Family VII. REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. On December 19, 2006, the Vail Town Council adopted Ordinance No. 33, Series of 2006, to allow "Business Offices" and "Professional Offices" as conditional uses within the Residential Cluster District, subject to specific criteria and standards. Staff believes the applicant's proposed 2,268 net sq.ft. business office expansion complies with the specific criteria and standards adopted with Ordinance No. 33, Series 2006, and is therefore consistent with the Town's development objectives. • 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe this proposa{ will have a significant negative effect an light and air since the proposed business office expansion will be constructed on the second level of the existing clubhouse building. Additionally, Staff believes this proposal will have no impact to the distribution of population, transportation facilities, utilities, schools, park and recreation facilities, and public facilities. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The original 1978 Potato Patch Club development plan proposed 45 parking spaces to accommodate the clubhouse (including a restaurant and a dwelling unit), tennis court, and swimming pool uses. At that time, the Vail Athletic Club was to operate the tennis courts and swimming pool not only for the Potato Patch Club homeowners, but also for the health club members and guests. The originally proposed 45 parking space requirement was derived from a • 1978 parking analysis. This parking analysis determined that 47 parking spaces may be necessary to accommodate the "hypothetical use" of the proposed clubhouse, tennis courts, and swimming pool. The parking analysis noted that the 47 parking space need did not take into account the following factors: the tennis and swimming pool uses would only operate in the 5 summer months, the Vail Athletic Club would provide a shuttle services to the • site, and the Town's bus service was also available to the site. The analysis also stated that the number of spaces needed to meet the "hypothetical use" could be reduced by $-10 spaces, since 20% of the facilities would be used by the Potato Patch Club homeowners. This may explain why only 38 parking spaces were constructed. The 1978 parking analysis designated 18 parking spaces (of the 38 constructed) for the former restaurant and employee dwelling unit uses located in the clubhouse. Neither the restaurant nor the employee dwelling unit exists in the clubhouse today, so these 18 spaces can now be used to offset the majority of the proposed clubhouse business office's parking needs. 10 parking spaces are required for the existing business office and 9 additional spaces are required for the proposed expansion for a total of 19 required parking spaces. Staff believes there has been a. significant reduction in the originally projected parking demand for the tennis courts and swimming pool, and the 19th required parking space for the business office can be offset by the existing 38 parking spaces. The Town Code does not have a prescriptive parking standard for the tennis courts, swimming pool, and homeowners' clubhouse uses. Therefore, pursuant to Section 12-10-13, Vail Town Code, the parking requirement for the tennis courts, swimming pool, and clubhouse member's uses shall be established by the Planning and Environmental Commission. Staff believes the remainder of the existing 38 parking spaces not designated for the • business office (i.e. 19 spaces) will adequately service these homeowner recreational uses. It was originally contemplated that the tennis and swimming facilities would be utilized not only by the Potato Patch Club homeowners, but also by health club members and guests. The 1978 parking analysis detf;rmined the "hypothetical use" of the tennis courts would include 6 singles anti 20 doubles players with a need of 16 parking spaces. The 1978 "hypothetical use" of the swimming pool was 40 swimmers with a need for 13 parking spaces. The tennis courts and swimming pool were originally projected to need a total of 29 parking spaces. The Booth Creek Management Corporation and the Potato Patch Club Homeowners Association have both indicated that the tennis courts and swimming pool are not used to this extent today. Today thesE; tennis and swimming facilities are no longer available to any health club meimbers or the general public. These facilities are now for the exclusive use c,f the Potato Patch Club homeowners, who generally walk across the street to the facilities. With this reduced access to the facilities, and the general decline in the popularity of tennis; today these uses do not generate nearly the parking demand projected in 1978. Additionally, the homeowners association has no employees today associated with the clubhouse itself. Therefore, Staff recommends the Planning and Environmental Commission • determines that the remainder of the existing 38 parking spaces not designated for the business office (i.e. 19 spaces) will adequately service these homeowner recreational uses. 6 • Therefore, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff does note believe this proposal will have a negative affect on the character of the area, including scale and bulk, since the applicant is proposing to construct the proposed business office use expansion over an existing second level deck that is located on the southern portion of the existing building. Additionally, the applicant is proposing minor exterior up- grades for the entire structure to ensure the new and existing building elements are architectural compatible. VIII. STAFF RECOMMENDATION The Department of Community Development recommends the Planning and Environmental Commission approves, with conditions, this conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. • Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 458 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto, subject to the following conditions: 1. The sale of merchandise is prohibited. 2. The parking for the business office shall be located within the existing 38 spaces located west of the clubhouse building and shall be maintained separate from the areas designated for residential parking. 3. No overnight parking or storage of commercial vehicles associated with the business office use shall be permitted. 4. The number of employees allowed in the business office shall not exceed 23 (i.e. one employee for each two hundred square feet of net floor area)." Should the Planning and Environmental Commission choose to approve, with conditions, • this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: 7 "Based upon the review of the criteria outlined in Section Vll this Staff • memorandum to the Planning and Environmental Commission dated June 11, 2007, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed business office, located at 950 Red Sandstone Road, Units 43, 44 and 458 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, is in accordance with the purposes of the Zoning Regulations and the Residential Cluster District as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007. 2. The proposed business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed business office, located at 950 Red Sandstone Road, Units 43, 44 and 458 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007. 4. That 19 of the 38 existing parking spaces at the Potato Patch Clubhouse, • located at 950 Red Sandstone Road, fulfill the parking requirements for the existing tennis, swimming, and general clubhouse member uses." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Letter dated May 14, 2007 C. Homeowner's Association email dated June 6, 2007 D. Photographs E. Architectural Plans F. Public Notice • 8 xy ~ ,~ ~ ; i~ ~r t "'w~yww eye ~ t ~ w` ~ .. ~I I::1 ( ~ ,, ~iYr~ ~ ~ 3 ~' 4 ~ % ''ff .. 3 y~ y~; y} + 1, ~ f~F 1: ~3y J ~; r °~Y'.'Y 4f +br ~r G' M 1{~ ~ Y ~ ~4 s ~+C^y C O 67 L .X 1/1 ~ Q da c ~~ s ~ t~+~x t~~" ` o. ~ c V , ha " ~ ~~~~"~ ~~` ~ ' ~~ ~s ~f , r ~. §~. •~y ~ , 1 t0 8 -Z a~ c p o ~ 3 4 4 a.~, ,~~s °'79 c o€ ~o-q~ a S t' d ~ ~ ~ o. go3 N oo O. U L f0 f0 N E d N_ ~ N '~ N 3 ~ d ... O L 7 m A ~ 3 m C a~ i 6. O y 3 ~o } `Y ~_ ~ r; ' ~ C O C 3 N k0 F- Ol y T n ~;a. m y U Ul ~9 3 n w u. o - o N 1 ~:x p r ~' .., mll ^ i Attachment B Town Of Vail Conditional Use Permit Submittal Statement of Intent Submittal Date May 14, 2007 We are proposing an addition and remodel to the existing Booth Creek offices and a portion of the Potato Patch Clubhouse. The second level will be modified by building additional office space over an existing limited common area deck. By building this additional office space we will stop the water leakage, and resulting significant water damage, that has been occurring to the deck, and we will gain approximately 2,500 sq. ft. additional office space. The lower level will be remodeled to provide a new entrance to the Booth Creek space and additional storage space. The improved building will integrate with the surrounding community by continuing to provide the home owners a pool and tennis facilities Clubhouse. The two functions of the building support local • residents and the Town of Vail development objectives by providing commercial office • space within the town of Vail as well as a community gathering place during the summer months. The new office space upstairs is not intended to introduce any new people, making the impact on parking and traffic minimal. The parking, pedestrian access, and snow removal will remain the same, as well as the footprint of the building. There will be very little site disturbance because the new construction will be building over the existing deck over the lower level. The architectural style and materials will match the existing building and blend in well with the surrounding residences. We ask that the requirement for the grading• plan be waived because of the low impact nature of the project, and the minimal need for site disturbance. • Bill Gibson Attachment C Page 1 of 1 Bill Gibson -Potato Patch Club Booth Creek Expansionn • From: "Larry Barnes" <lbarnes@vailhomerentals.net> To: <bgibson@vailgov.com> Date: 06/06/2007 4:32 PM Subject: Potato Patch Club Booth Creek Expansionn CC: "'Norm Waite"' <nwaite@earthlink.net>, "'Tom Bieging"' <tb@bsblawyers.com> Bill Gibson Town of Vail Planner Dear Bill, I am writing at your request to give a brief history of the commercial and recreational units at the Potato Patch Club (PPC), 950 Red Sandstone Road, Vail. In the early days of PPC, the Gramshammers owned the restaurant, now Booth Creek Management's offices. They also leased and managed the pool and tennis courts. Approximately 20 years ago, they got out of the business and rented the restaurant to a variety of different tenants in food service. After many failures, Pepi and Shieka Gramshammer sold the space to George Gillett and Booth Creek Management. Today, the space is used for their offices in Vail. Over the past several years, the Board of Directors has realized the lack of need for tennis courts. Four years ago, one tennis court was removed and replaced with trees and grass. Today, another has been demolished and a 3~d is used for "construction staging" or any similar need. For a few years, ending three years ago, Aria Spa and Club leased the recreational facilities during the summer. For the past 3 years, the Board at PPC has voted against allowing such use for the immediate future. The only people allowed to play tennis or swim are owners and accompanied guests or tenants. Today, there is more than enough parking available for current and proposed uses. Homeowners walk to the facilities and the only people using any parking are employees at Booth Creek. On a busy day, one might see six cars in the parking lot. I hope this is note is sufficient to answer your questions. Please do not hesitate to call if you need more information. Sincerely, Larry Barnes Vail Home Rentals Managing Agent PO Box 6520 Avon, CO 81620 748-5016 No virus found in this outgoing message. Checked by AVG Free Edition. 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I i ~;~ ,~ ©®~ rn -o ~~ ~ ~ .'~° ' ~,. rnn ~r ~ ~ r N ~ b2 ~r ~ s ~ I n y I,I;, s WA O I I I P> d z I ~ ~ ~ l= 1 LP ~ ,~ I IA i I ~ i~a} ~l'~{ is UJ ~ a s €~#~~;~; f i a rn N O_ O~O F ~S ~~ 1 .I . aoo ~ ~ -~ (~~ °~uo -1 v ~° D Z I___-_ f___ ~- i i~ ~i -- i i I. ~k !,- ~; ~~ ~ ~- ~! i; ) {I 1 I I POTATO PATCH CLUBHOUSE OFFICE REMODEL/ ADDITfON VAIL, COLORADO O .'- 0 C p ~~ - u O O' D ~ O ~j a y it O rn r- ,~p' lu "m~+~P 1 trig ~ppy~ ~)P~ ~ C 3 !f ~ ~ 4 '~!~ C u -! A d v 0 r D slLE+~_~ ~'i+ ~ Q urn, a i ~u -ii ~~~ ~ ~ - 1 4._. .~ i ~ Ji r-_+~a _ -- ~ it ~ ~ ~ ,-j..~~`, :~ i , _ ~ ~(j-~1 j fi~ f w ruw• 1 l ~~ • • Attachment F ,. TOWN OF PAIL ~i' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 11, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson 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 (Fabulous Vail Glo), • 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 A request for final 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 private parking lot, located at 701 and 705 West Lionshead Circle (Lionshead Inn)/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 A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, CZ, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther • r~~~°~v~ ti`s Page 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2007 SUBJECT: A request for a recommendation to the Vail Town boundary amendment, pursuant to Section 12-3-7, Code, to zone the property commonly referred to Apartments" to the Housing (H) District, located Road/Lots C1, C2, C3, C4, and C5, Lions Ridge details in regard thereto. (PEC07-0029) Applicant Planner: I. SUMMARY Town of Vail George Ruther Council for a zone district Amendments, Vail Town as "Timber Ridge Village at 1280 North Frontage Filing 1, and setting forth • The applicant, the Town of Vail, has submitted a development review application to the Community Development Department to allow for the rezoning of the property commonly referred to as "Timber Ridge Village Apartments" to the Housing (H) District, located at 1280 North Frontage Road. The applicant has submitted the application in anticipation of the redevelopment of the Timber Ridge Village Apartments. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the applicant's development review application to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lots C1, C2, C3, C4 8~ C5, Lions Ridge 1St Filing Subdivision will be rezoned to Housing (H) district. According to the applicant, the rezoning is intended to facilitate the redevelopment of the Timber Ridge Village Apartments. If approved, Special Development District No. 10, Timber Ridge Village Apartments, would be repealed by the amending ordinance. It is important to note that should this request be approved by the Vail Town Council, the amending ordinance rezoning the property will also include provisions for repealing Special Development District No. 10 in its entirety. A vicinity map of the property to be rezoned and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND On February 20, 1979, the Vail Town Council adopted Ordinance No. 7, Series of 1979, establishing an Approved Development Plan for the creations of Special Development District No. 10, Timber Ridge Village Apartments. Pursuant to the adopting ordinance, Lots C1 through C5, Lions Ridge Filing 1 Subdivision was rezoned from the Residential Cluster (RC) District to Special Development District No. 10 with no designated underlying zoning. On November 30, 2001, pursuant to Section 3D, Length of Commitment, of Ordinance No.7, Series of 1979, the deed restrictions defining the allowable uses on the property (ie, all occupants shall be full-time employees) expired, and in essence, eliminated the employee housing requirements on the site. On July 14, 2003, the Town of Vail purchased the Timber Ridge Village Apartments for $20 million and preserved nearly 600 employee housing rental beds in the Town of Vail. On July 18, 2005, the Town of Vail issued a request for proposals soliciting interest from potential developers for the redevelopment of the Timber Ridge Village Apartment. Since that date, the Town has been actively pursuing the redevelopment of property. IV. ROLES OF THE REVIEWING BODIES Rezoning/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. • Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency witl-i 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 Codel Housing (H) District 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 zoning districts. It is necessary in this 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. Certain 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 district is appropriately located and designed to meet the needs of residents of Vail, to harmonize 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: Deed restricted employee housing units, as further described in chapter 13 of this title. • Passive outdoor recreation areas, and open space. Pedestrian and bike paths. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. In adopting the plan, the community designated the use of land with the goal of ensuring that the community's needs were addressed in the future. Pursuant to the implementation section of the Vail Land Use Plan, in part, the plan is intended to be used by the Town's decision makers when considering future requests for development within the Town of Vail. VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under Special Development District No. 10 to that of the proposed Lionshead Mixed Use-1 District. Legal Description: Lots C1 - C5, Lions Ridge Filing 1 Subdivision Land Use Designation: High Density Residential Lot Size: 439,085 sq. ft./10.08 acres Development Standard SDD #10 Housing District Lot Area: N/A " Setbacks: 20 ft. min. 20 ft. min. ** • Height: 35 ft. max. Density Control: 24 d.u.s GRFA: Per approved development plan Site Coverage: 45% max. 55% rnax.*** Landscaping: 30% min. 30% min. Parking 297 parking spaces Per Chapter 10 min. Off-street Parking Requirements Development standards in each of these categories shall be as proposed by the applicant, prescribed by the PEC, and adopted on the approved development plan ** Variations to the minimum setback requirements maybe approved by PEC subject to the criteria established in the Zoning Regulations • *'`* At the discretion of the PEC, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Open Space Natural Area Preservation/ Low Density Multiple 1=amity South: I-70 ROW N/A East: Medium Density Residential Medium Density Multiple Family West: Medium Density Residential Medium Density Multiple Family VIII. CRITERIA AND FINDINGS Amendment to the Official Zonina Mao of the Town of Vail lrezoninq~ Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "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." 4 • Furthermore, Section 12-3-7 C, Amendment, Vail Town Code, 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 zone Lots C1 - C5, Lions Ridge Filing 1 Subdivision, to the Housing (H) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed rezoning specifically implements the Vail Land Use Plan land use designation of High Density Residential (HDR) which states, in part, that the purpose of this land use designation is, "to provide housing that typically consists ofmulti-floored structures with densities exceeding 15 dwelling units per buildable acre" • According to Section 12-6/-1: Purpose; Housing District, "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 zoning districts. It is necessary in this 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. Certain 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 district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. " This Zone District was specifically developed to provide incentives for properties to develop employee housing within the Town of Vail. The incentives in this Zone District include increases in allowable gross residential floor area, flexible development standards, and increased density allowances. The primary goal of the incentives is to create • economic conditions favorable to the development of employee housing in the Town of Vail. These incentives ensure that the Town's long standing development objective of creating sites for employee housing is • 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 The Housing (H) District establishes zoning that is consistent with both existing and proposed uses on the parcel. The proposed use of the property will remain high density deed restricted residential housing. The zone district amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Open Space, L.ow Density Residential and Medium Density Residential. Pursuant to the Plan, the existing land use designation of the site is high density residential. A review of the Zoning Regulations demonstrates that the uses allowed in the Housing (H) zone district are compatible with both the intent and purposes of the high density residential land use designation. 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 Housing (H) District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan. Staff believes that the proposed re-zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while it is likely the overall density of development on the Timber Ridge Village Apartments development site will increase as a result of the zone district boundary amendment, the proximity of the development site to the North Frontage Road and the anticipated off site vehicular and pedestrian improvements that will likely result from any future redevelopment ensures a workable relationship among land uses. More specifically, the acknowledgement of the need for improved public transit facilities in the vicinity of the site and a future I-70 pedestrian/vehicle underpass ensures that the municipal development objective of providing multimodal means of transportation and adequate transportation systems will be achieved. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the • community as a whole; and • The proposed re-zoning establishes consistent zoning for the property. This re-zoning will create a zone district consistent with the existing and proposed use of the property. The proposed re-zoning will provide for the development of an orderly viable community consistent with the Town's development interests as they relate to employee housing. For instance, the Vail Land Use Plan designates the site as "High Density Residential" (HDR). The purpose of this land use designation is, in part, "to provide housing that typically consists of multi-floored structures with densities exceeding 15 dwelling units per buildable acre". The purpose of the Housing (H) zone district is, in part, "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 zoning districts" and "to ensure that employee housing permitted in the district is appropriately located and designed fo meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses." • Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed re-zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. The site was disturbed during the course of construction of the existing development. Special attention shall be given to any existing geologic hazards that previously and presently exist on the development site or vicinity of the site. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Housing (H) District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district pursuant to the Vail Land Use Plan. A copy of the purpose statement of the Housing (H) 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 Timber Ridge Village Apartments. As such, the Town has adapted clearly identifiable goals and objectives for development in this general area of Town. This site, since its original development in 1980 and subsequent purchase by the Town of Vail in 2003, has long been considered an appropriate and desirable location for employee housing within the Town of Vail. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lots C1- C5, Lions Ridge 1St Filing Subdivision, to the Housing (H) District, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria outlined in Section • VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect fo the requested amendment: That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " X. ATTACHMENTS A. Vicinity Map • r~ u r~ U • • • 10 • • • C] MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2007 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson • I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting a conditional use permit pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow fora "temporary business office" located at 616 West Lionshead Circle (Concert Hal! Plaza Building), Lionshead Filing 4. This conditional use permit request will allow for the extension of the January 24, 2005, conditional use permit approval for Vail Resort's temporary business offices currently occupying the first-floor of the Concert Hall Plaza Building (units 200, 201, 202, and 203). This 2005 conditional use permit approval is scheduled to expire on January 24, 2008. The applicant, Vail Resorts, is proposing to extend this approval for one extra year until January 24, 2009. The applicant, Vail Resorts, is also requesting to eliminate any ties between the expiration of this conditional use permit and the issuance of a temporary or final Certificate of Occupancy of for the Arrabelle or the North Day Lot. Based upon Staff's review of the criteria outlined in Section VI! of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST This conditional use permit request will allow for the extension of the January 24, 2005, conditional use permit approval for Vail Resort's temporary business offices currently occupying the first-floor of the Concert Hall Plaza Building (units 200, 201, 202, and 203). This 2005 conditional use permit approval is scheduled to expire on January 24, 2008. The applicant, Vail Resorts, is proposing to extend this approval until January 24, 2009. • Pursuant to Section 12-2-2, Definitions, Vail Town Code, a "temporary business office"is an "office for the conduct of general business and service activities for a duration of time not to exceed three (3) years." Therefore, the Planning and Environmental Commission required that the January 24, 2005, conditional use permit approval expires on January 24, 2008. The January 24, 2005, conditional use permit approval allowed the conversion of former • vacant, first floor retail spaces within the Concert Hall Plaza Building (units 200, 201, 202, and 203) into a temporary business office for employees directly related to Vail Resorts' operation of Vail Mountain; administration, snowmaking, mountain operations, ski school, marketing, and other similar positions. As stated in 2005, it was the applicant's intention for these business office uses to be permanently located within the Arrabelle and/or a North Day Lot office building. Therefore, the Planning and Environmental Commission required that the January, 24, 2005, conditional use permit will expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site Hotel (i.e. Arrabelle) or the North Day Lot office building, should either event occur prior to January 24, 2008. The applicant, Vail Resorts, is requesting to eliminate these ties between the expiration of the temporary business office conditional use permit and the issuance of a temporary or final Certificate of Occupancy of for the Arrabelle or the North Day Lot. A vicinity map (Attachment A) and the minutes of the January 24, 2005, Planning and Environmental Commission hearing (Attachment B) have been attached for reference. III. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of • redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Concert Hall Plaza Building (units 200, 201, 202, and 203). The following is a list of the conditions approved by the Planning and Environmental Commission in 2005: i. "This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2008, subject to an annual review, on or before January l s~ of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 2 • 3. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004. 4. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application." On April 8, 2005, the Town of Vail Building Division issued temporary Certificates of Occupancy for these temporary business office uses. The applicant, Vail Resorts, has not submitted applications for the annual review of the 2005 conditional use permit, and therefore has not complied with the requirements of condition #2. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) • Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanifation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 3 1 i. To otherwise provide for the growth of an orderly and viable • community. CHAPTER 12-2, DEFINITIONS (in part) Section 12-2-2: Definitions OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities for a duration of time not to exceed three (3) years, subject to an annual review by the Planning and Environmental Commission to verify the applicant's compliance with the conditions of approval, to accommodafe the displacement of an existing office in the Town of Vail due to redevelopment for insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. A temporary business office shall not include offices of real estates agents. The applicant shall demonstrate to the Planning and Environmental Commission that an existing retail business is not involuntarily displaced by a Temporary Business Office. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 • District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is 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. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Section 12-7H-3: Permitted and Conditional Uses; First Floor or Street Level: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. • 4 • C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type Ill (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Office Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect • to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subjecf to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. B. Lionshead Redevelopment Master Plan The Treetop building is also governed by the development objectives as stated in the Lionshead Redevelopment Master Plan. Of the six Policy Objectives outlined in the Lionshead Redevelopment Master Plan, staff has identified the following objective as applicable to this proposal: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment 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 art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 5 V. ZONING ANALYSIS • VI. VII. Zoning: Lionshead Mixed Use 1 District Land Use Plan Designation: Lionshead Redevelopment Master Plan Area Current Land Use: Temporary Business Office The subject conditional use permit request only affects the use of an existing tenant space and does not propose any exterior changes to the existing building. Therefore, the conditional use permit proposal does not alter the existing lot area and site dimensions, setbacks, building height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. The only development standard affected is parking. The change in use from 2,512 square feet of retail space to 2,512 square feet of office space generates a parking increase from five spaces to six spaces (5.7776 spaces to 6.7824 spaces). Consequently, the parking demand is increased by one (1.0048) additional parking space. However, in 1997, Vail Associates paid-in-lieu for thirty one (31) parking spaces at the Gondola Building. In spite of its demolition, that amount will remain paid-in-lieu and one (1.0048) space will be subtracted from the total number of spaces paid for (leaving 29.0052 spaces paid for and unused) and thereby will be available to employees whose office space is being relocated into the Concert Hall Plaza Building. SURROI)NDING LAND USES AND ZONING Land Use Zoninq North: Residential Lionshead Mixed Use-1 District South: Residential Lionshead Mixed Use-1 District East: Mixed Use Lionshead Mixed Use-1 District West: Residential Lionshead Mixed Use-1 District REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: • 1. Relationship and impact of the use on the development objectives of the Town. Staff does not believe the proposed extension of the conditional use permit for "temporary business office" uses on the first floor of the Concert Hall Plaza Building (units 200, 201, 202, and 203) is consistent with the intent, purpose, or standards of Sections 12-2-2 and 12-7H-3, Vail Town Code. Ordinance No. 26, Series of 2004, was the legislation that allowed existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. Staff believes the purpose of Ordinance No. 26 was to allow only for the "temporary" relocation of business offices. In 2004, it was determined that a business office use is considered temporary in nature, only if that use is not conducted for more than three years. It was determined that a time period of three years can adequately accommodate temporary office relocations necessary to facilitate redevelopment projects in Lionshead, and that longer durations of time may have negative impacts to the pedestrian retail character of Lionshead. Therefore, Staff does not recommend approval C 6 • of the applicant's request to extend the approval of the 2005 conditional use permit from 2008 until 2009. The intent of Ordinance No. 26 is that once redevelopment construction activities are completed, a business office will return to its original location/development site. The purpose of Ordinance No. 26 is not to allow for the permanent or quasi-permanent relocation of a business use to a location not generally allowed by the zoning standards of the Lionshead Mixed Use 1 District. While there are no approved redevelopment plans for the North Day Lot, it is anticipated that portions of the Arrabelle project will be obtaining temporary Certificates of Occupancy prior to the original January 24, 2008, expiration of the 2005 conditional use permit. Therefore, Staff does not recommend approval of the applicant's request to eliminate ties between the 2005 conditional use permit and the occupancy of the Arrabelle project. While the applicant received conditional use permit approval for the "temporary business office" on the first floor of the Concert Hall Plaza Building (units 200, 201, 202, and 203) on January 24, 2005, the applicant did not obtain approval of a temporary certificate of occupancy to begin operation of the temporary business use until April 8, 2005. Therefore, Staff recommends the Planning and Environmental Commission approve an extension of the 2005 conditional use permit approval until April 8, 2008 (i.e. three years from the original date of occupancy). Staff recommends that the Planning and Environmental Commission maintain the original condition of • approval that the 2005 conditional use permit shall expire upon the issuance of a temporary or final certificate of occupancy for the Arrabelle project, should that event occur prior to April 8, 2008. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. • This proposal does not involve any exterior changes to the existing Treetops commercial building. Should the 2005 conditional use permit expire within three years of the original occupancy of the temporary business office, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. However, should the 7 approval of this temporary business office be extended beyond three year, • contrary to the time limits prescribed by the Vail Town Code, Staff believes this office use on the first floor may begin to have negative affects upon the pedestrian retail character of the Lionshead area. VIII. STAFF RECOMMENDATION Should the Planning and Environmental Commission choose to approve this conditional use permit application with the timelines requested by the applicant, the Department of Community Development recommends the Commission also forwards a recommendation to the Town Council for an amendment to the definition of a "temporary business office"as prescribed by Section 12-2-2, Definitions, Vail Town Code. Otherwise, the Department of Community Development recommends the Planning and Environmental Commission approves, with conditions, this conditional use permit request to allow for the proposed "temporary business offices", located at 450 East Lionshead Circle (Treetops commercial building). Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a • conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto, subject to the following conditions: i. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until April 8, 2008, subject to an annual review, on or before January 1St of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to April 8, 2008, this conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 2. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall only allow for a temporary business office use as defined by Section 12-2-2, Vail Town Code. 8 3. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. " Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed temporary business office, located at at 616 W. Lionshead Circle (Concert Hall Plaza Building), is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed-Use 1 District as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007. 2. The proposed temporary business office, located at at 616 W. Lionshead Circle (Concert Hall Plaza Building), and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary business office, located at at 616 W. Lionshead Circle (Concert Hall Plaza Building), complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007." IX. ATTACHMENTS A. Vicinity Map B. January 24, 2QQ5, PEC hearing minutes (excerpt) C. Public Notice • 9 ~~ B 'x, _ t . ~ ~ c t ~+~ ,~~ .sue':-.~ n '' ~- - if ® • 50 0 50 Feet 1 ~~ _ '~ OO1 .~.. ~:. -~~- .,.;,,.. _,..~ ~.; Attachment B PLANNING AND ENVIRONMENTAL COMMISSION • PUBLlC MEETING ,; January 24, 2005 TCfiYN(IFYA~~ . PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion Bill Dewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Vail Village Inn - 100 East Meadow Drive 2. Reiss Residence - 2672 Cortina Lane 3. Concert Hall Plaza Building - 616 West Lionshead Circle 4. Treetops - 450 East Lionshead Circle 5. Vail Mountain School - 3000 Booth Falls Court 6. Chamonix, Tract D . 7. Spraddle Creek Estates -1094 Riva Glen • Driver: George NOTE: If the PEC hearing extends until 6:OOp.m., the Commission may break for dinner from 6:00-6:30p.m. Public Hearing -Town Council Chambers: 2:00 pm 1. A request for a 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. 6, Village Inn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1 sc Filing, and setting forth details in regard thereto. Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 CONDITIONS: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit for this major amendment to Special • Development District (SDD) No. 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Department for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Specia! Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, • pursuant to Chapter 13-6, Condominium and Townhouse Plats, Vail Town Code. A note shall be placed on the plat identifying the parking spaces dedicated to Units 16, 17, and 29, Vail Village Plaza Condominiums. 4. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the East Meadow Drive Streetscape improvements to be constructed in accordance with the Town of Vail Streetscape Master Plan (see Attachment E). Bill Gibson presented the project according to the memorandum. Bill Pierce, from Fritzlen Pierce Architects, remarked upon the similarity of this application with the proposal which was previously approved at the Alpenrose. Doug Cahill asked about landscaping which was a necessary part of the approval. Bill Pierce commented that all streetscape improvements and landscaping would be completed in front of the store and to the steps at the north portion of the site. The Commission asked if there were any guarantees that parking was being provided for these uses. Bill Gibson finished by stating that one of the conditions of approval included the amendment of the plat to reflect the dedicated use of parking for this proposed unit. 2. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow fora . temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Vail resorts, represented by Braun Associates, Inc. Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2008, subject to an annual review, on or before January 13t of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. 3. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 4. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall only allow for a temporary • business office use as defined by Ordinance No. 26, Series of 2004." Bill Gibson introduced the project according to the memorandum. • Bilf Jewitt inquired about plans to screen the offices which will now be quite visible to the bystander/pedestrian. Jay Peterson responded that blinds or another sort of visual mitigation would be installed. The Commissioners made the decision to simultaneously discuss and approve item numbers two and three. 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Elisabeth Eckel ACTION: Approved amended conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2008, subject to an annual review, on or before January 1St of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community • Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 3. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hal) Plaza Building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004. 4. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. George Lamb suggested that an additional condition be added to the application that reflected respect of parking for the Landmark Townhomes. Geoff Wright, the manager of the Landmark Townhomes, mentioned that some discussion had occurred with Vail Resorts regarding the provision of adequate parking and that Vail Resorts had assured him that a gate could be installed which would deter illegal parking on his property. Doug Cahill finished by stating his concerns about illegal parking and keeping the loading zones free of parking for the duration of the conditional use permit. Attachment C ,,,,, ,. • TOWNOFYAIL iii 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 June 11, 2007, at 1:OD pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red ~,. ; Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club `'~.: Condominiums, and setting forth details in regard thereto. (PEC07-0026) ' Applicant: Booth Creek Management Corporation Planner: Bill Gibson 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 (Fabulous Vail Glo), 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 A request for Tina! 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 private parking lot, located at 701 and 705 West Lionshead Circle (Lionshead Inn)/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 A request for a recommendation to the Vai! Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther Page 1 • A request for a recommendation to the Vail Towri Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Applicant: Town of Vail Planner: George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson A request for a final review of a conditiona( use permit, pursuant to Section 12-7H-3, Permitted and conditiona( Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson The applications and information about the proposals are available for public inspection • during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additions( 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 May 25, 2007, in the Vail Daily. • d1 ~~~ ~ ~ ~ Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2007 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting a conditional use permit pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow fora "temporary business office" located at 450 East Lionshead Circle (Treetops commercial building)/Lot 6, Vail Lionshead Filing 1. This conditional use permit request will allow for the extension of the January 24, 2005, conditional use permit approval for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building. This 2005 conditional use permit approval is scheduled to expire on January 24, 2008. The applicant, Vail Resorts, is proposing to extend this approval for three extra years until January 24, 2011. The applicant, Vail Resorts, is also requesting to eliminate any ties between the expiration of this conditional use permit and the issuance of a temporary or final Certificate of Occupancy of for the Arrabelle or the North Day Lot. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST This conditional use permit request will allow for the extension of the January 24, 2005, conditional use permit approval for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building. This 2005 conditional use permit approval is scheduled to expire on January 24, 2008. The applicant, Vail Resorts, is proposing to extend this approval until January 24, 2011. Pursuant to Section 12-2-2, Definitions, Vail Town Code, a "temporary business office"is an "office for the conduct of general business and service activities for a duration of time • not to exceed three (3) years." Therefore; the Planning and Environmental Commission required that the January 24, 2005, conditional use permit approval expires on January 24, 2008. The January 24, 2005, conditional use permit approval allowed the conversion of former t vacant, first floor retail spaces within the Treetops commercial building into a temporary business office for employees directly related to Vail Resorts' operation of Vail Mountain; administration, snowmaking, mountain operations, ski school, marketing, and other similar positions. As stated in 2005, it was the applicant's intention for these business office uses to be permanently located within the Arrabelle and/or a North Day Lot office building. Therefore, the Planning and Environmental Commission required that the January, 24, 2005, conditional use permit will expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site Hotel (i.e. Arrabelle} or the North Day Lot office building, should either event occur prior to January 24, 2008. The applicant, Vail Resorts, is requesting to eliminate these ties between the expiration of the temporary business office conditional use permit and the issuance of a temporary or final Certificate of Occupancy of for the Arrabelle or the North Day Lot. A vicinity map (Attachment A) and the minutes of the January 24, 2005, Planning and Environmental Commission hearing (Attachment B) have been attached for reference. III. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, • with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building. The following is a list of the conditions approved by the Planning and Environmental Commission in 2005: 1. "This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2008, subject to an annual review, on or before January 1S` of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 3. This conditional use permit for a temporary business office, located at 450 • East Lionshead Circle (Treetops commercial building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004. " 2 • On April 8, 2005, the Town of Vail Building Division issued temporary Certificates of Occupancy for these temporary business office uses. The applicant, Vail Resorts, has not submitted applications for the annual review of the 2005 conditional use permit, and therefore has not complied with the requirements of condition #2. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2; 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. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public • facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streefs. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CHAPTER 12-2, DEFINITIONS (in part) Section 12-2-2: Definitions OFFICE, TEMPORARY BUSINESS: An office for the conduct of general • business and service activities for a duration of time not to exceed three (3) years, subject to an annual review by the Planning and Environmental Commission to verify the applicant's compliance with the conditions of approval, to accommodate the displacement of an existing office in the Town of Vail due to redevelopment for insurance agents, brokers, secretarial or stenographic 3 services, or offices for general business activities and transactions, where • storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. A temporary business office shall not include offices of real estates agents. The applicant shall demonstrate to the Planning and Environmental Commission that an existing retail business is not involuntarily displaced by a Temporary Business Office. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is 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. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Section 12-7H-3: Permitted and Conditional Uses; First Floor or Streef Level: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Office 4 • Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section i2-3-4 of this title. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they 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 in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. B. Lionshead Redevelopment Master Plan • The Treetop building is also governed by the development objectives as stated in the Lionshead Redevelopment Master Plan. Of the six Policy Objectives outlined in the Lionshead Redevelopment Master Plan, staff has identified the following objective as applicable to this proposal: 2.3.1 Renewal and Redevelooment Lionshead can and should be renewed and redevelopment 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 art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. V. ZONING ANALYSIS Zoning: Lionshead Mixed Use 1 District Land Use Plan Designation: Lionshead Redevelopment Master Plan Area Current Land Use: Temporary Business Office Development Standard Required Prooosed • Parking 14.6 spaces 21.13 spaces (no change) 5 VI. VII. As this conditional use permit request only affects the use of an existing tenant space and does not propose any exterior changes to the existing building; this conditional use permit proposal does not alter the existing lot area and site dimensions, setbacks, building height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. The only development standard affected, other than use, is parking. This proposal increases the parking demand for this tenant space from 12.5 to 14.6 parking spaces. The existing Treetops commercial building currently has surplus parking, and if this proposal is approved, the Treetops commercial building will still exceed its minimum parking requirement by 6.53 parking spaces. SURROUNDING LAND USES AND ZONING Land Uses North: Mixed Use South: Open Space East: Residential West: Mixed Use REVIEW CRITERIA Zoninq General Use District Natural Area Preservation District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff does not believe the proposed extension of the conditional use permit for "temporary business office" uses on the first floor of the Treetops building until 2011 is consistent with the intent, purpose, or standards of Sections 12- 2-2 and 12-7H-3, Vail Town Code. Ordinance No. 26, Series of 2004, was the legislation that allowed existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. Staff believes the purpose of Ordinance No. 26 was to allow only for the "temporary" relocation of business offices. In 2004, it was determined that a business office use is considered temporary in nature, only if that use is not conducted for more than three years. It was determined that a time period of three years can adequately accommodate temporary office relocations necessary to facilitate redevelopment projects in Lionshead, and that longer durations of time may have negative impacts to the pedestrian retail character of Lionshead. Therefore, Staff does not recommend approval of the applicant's request to extend the approval of the 2005 conditional use permit from 2008 until 20i 1. The intent of Ordinance No. 26 is that once redevelopment construction activities are completed, a business office will return to its original location/development site. The purpose of Ordinance No. 26 is not to allow for the permanent or quasi-permanent relocation of a business use to a location not generally allowed by the zoning standards of the Lionshead Mixed Use 1 District. While there are no approved redevelopment plans for the North Day Lot, it is anticipated that portions of the Arrabelle project will be obtaining temporary Certificates of Occupancy prior to the original January • • • 6 • 24, 2008, expiration of the 2005 conditional use permit. Therefore, Staff does not recommend approval of the applicant's request to eliminate ties between the 2005 conditional use permit and the occupancy of the Arrabelle project. While the applicant received conditional use permit approval for the "temporary business office" on the first floor of the Treetops commercial building on January 24, 2005, the applicant did not obtain approval of a temporary certificate of occupancy to begin operation of the temporary business use until April 8, 2005. Therefore, Staff recommends the Planning and Environmental Commission approve an extension of the 2005 conditional use permit approval until April 8, 2008 (i.e. three years from the original date of occupancy). Staff recommends that the Planning and Environmental Commission maintain the original condition of approval that the 2005 conditional use permit shall expire upon the issuance of a temporary or final certificate of occupancy for the Arrabelle project, should that event occur prior to April 8, 2008. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. • 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. This proposal does not involve any exterior changes to the existing Treetops commercial building. Should the 2005 conditional use permit expire within three years of the original occupancy of the temporary business office, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. However, should the approval of this temporary business office be extended beyond three year, contrary to the time limits prescribed by the Vail Town Code, Staff believes this office use on the first floor may begin to have negative affects upon the pedestrian retail character of the Lionshead area. 7 VIII. STAFF RECOMMENDATION • Should the Planning and Environmental Commission choose to approve this conditional use permit application with the timelines requested by the applicant, the Department of Community Development recommends the Commission also forwards a recommendation to the Town Council for an amendment to the definition of a "temporary business office"as prescribed by Section 12-2-2, Definitions, Vail Town Code. Otherwise, the Department of Community Development recommends the Planning and Environmental Commission approves, with conditions, this conditional use permit request to allow for the proposed "temporary business offices", located at 450 East Lionshead Circle (Treetops commercial building). Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building)/Lot 6, Vail Lionshead Filing i, and setting forth details in regard thereto, subject to the following conditions: • This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until April 8, 2008, subject to an annual review, on or before January 1 sr of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to April 8, 2008, this conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 2. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall only allow for a temporary business office use as defined by Section i2-2-2, Vail Town Code. " Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: • 8 • "Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed-Use 1 District as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 11, 2007. 2. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section IV of this Staff memorandum to the Planning and Environmental Commission dated June 1 i, 2007." IX. ATTACHMENTS • A. Vicinity Map B. January 24, 2005, PEC hearing minutes (excerpt) C. Public Notice • 9 "~~` ~'~ "' •.K.;-. i Attachment: A ;~,k-i*.'}^1'f'rytg. ~ ~ .~~~+5„„,,.~ ^ ..qty' 1y''~=.;:;.1!~;_~l:.i~r::~~ `V ~~F~~!~y~.~ __ y~ . rt`.: `"T, ^'a!a ,~ra.~Ij~~ .a~r '~' ~:;; •.' .. ~-i w~ •'t 'ti~~ ~ l~. 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Et, • i:'T ~i:iy%~:;,i 'u;~ x; :+,'~ r"` _ ../.. .:sw~~. .iir„"R: ~ ~i r~''l~.'' ~~'r9. 1.,. ~, .`~ ~5•' ~5' ri?.,]~ l ~.~.~~i':,' :j~~. .... ~} ,.~+-.- -.~- `~"~ ~~i: 1 •- ~y'#' E." ~ Gyre.. i_. ~: iw',i,''E' '%.P't.~ t' I ,.., . , ,.' `.~~. "-~ , ~'.-. ~i ~ tom: "~ ~'o' ;' , : ~f-, ``Y. -m :awe; ,,l~y..~.~ '- ~,;.r `~ :,a ;I'`.~4 .. _ _ ~~,w;,t.F,.;;,• ~'-=^~i'~".f' iwrc~a .. .,.r y~}.;.. ~.. ~~"K ~F' ~,,~I~ - ""~M1',: ~_y~q~'t;. ~i. ,1:~y _ ~~y.,, ~~,. _, ~, ~: {~sn ... ~ - ~yl'{~ y~j ., tit, j~' j ~~" .j~C^J^.(J9.~~ w!Y 4,~ .. 1 ~FII~~FT ~1~'. ~~ chl~;~~"~~• ~R ~ •~'^.v- 119 .¢ Attachment B PLANNING AND ENVIRONMENTAL COMMISSION . PUBLIC MEETING ,, _ i January 24, 2005 1~WN~~AIL PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele Site Visits: 1. Vaii Village Inn - 100 East Meadow Drive 2. Reiss Residence - 2672 Cortina Lane 3. Concert Hall Plaza Building - 616 West Lionshead Circle 4. Treetops - 450 East Lionshead Circle 5. Vaii Mountain School - 3000 Booth Falls Court 6. Chamonix, Tract D 7. Spraddle Creek Estates -1094 Riva Glen Driver: George NOTE: If the PEC hearing extends until 6:OOp.m., the Commission may break for dinner from 6:00-6:30p.m. Public Hearing -Town Council Chambers: 2:00 pm 1. A request for a 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. 6, Village Inn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1St Filing, and setting forth details in regard thereto. Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 CONDITIONS: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit for this major amendment to Special • Development District (SDD) No. 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Department for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, • pursuant to Chapter 13-6, Condominium and Townhouse Plats, Vail Town Code, A note shall be placed on the plat identifying the parking spaces dedicated to Units 16, 17, and 29, Vail Village Plaza Condominiums. 4. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the East Meadow Drive Streetscape improvements to be constructed in accordance with the Town of Vail Streetscape Master Plan (see Attachment E). Bill Gibson presented the project according to the memorandum. Bill Pierce, from Fritzlen Pierce Architects, remarked upon the similarity of this application with the proposal which was previously approved at the Alpenrose. Doug Cahill asked about landscaping which was a necessary part of the approval. Bill Pierce commented that all streetscape improvements and landscaping would be completed in front of the store and to the steps at the north portion of the site. The Commission asked if there were any guarantees that parking was being provided for these uses. Bill Gibson finished by stating that one of the conditions of approval included the amendment of the plat to reflect the dedicated use of parking for this proposed unit. 2. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vait Town Code, to allow fora temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Vail resorts, represented by Braun Associates, Inc. Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2008, subject to an annual review, on or before January 1 S` of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. 3. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 4. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004." • Bill Gibson introduced the project according to the memorandum. • Bill Jewitt inquired about plans to screen the offices which will now be quite visible to the bystander/pedestrian. Jay Peterson responded that blinds or another sort of visual mitigation would be installed. The Commissioners made the decision to simultaneously discuss and approve item numbers two and three. 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Elisabeth Eckel ACTION: Approved amended conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2008, subject to an annual review, on or before January 1g` of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 3. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004. 4. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. George Lamb suggested that an additional condition be added to the application that reflected respect of parking for the Landmark Townhomes. Geoff Wright, the manager of the Landmark Townhomes, mentioned that some discussion had occurred with Vail Resorts regarding the provision of adequate parking and that Vail Resorts had assured him that a gate could be installed which would deter illegal parking on his property. Doug Cahill finished by stating his concerns about illegal parking and keeping the loading zones • free of parking for the duration of the conditional use permit. Attachment C ,. • TOFYNOFYAIL ~' 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, Vaii Town Code, on June 11, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red _ Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club • .'~ ~ Condominiums, and setting forth details in regard thereto. (PEC07-0026) • ~ •Applicant: Booth Creek Management Corporation `~ Planner: Bill Gibson 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 (Fabulous Vail Glo), 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 A request for final 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 private parking lot, located at 701 and 705 West Lionshead Circle (Lionshead Inn)/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 A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments° as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther Page 1 • A request for a recommendation to the Vail Towri Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Applicant: Town of Vail Planner: George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vai! Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), w:~, Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson The applications and information about the proposals are available for public inspection • during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published May 25, 2007, in the Vail Daily. '~~ t~`~°~'C y~ v Page 2 MEMORANDUM C] TO: Planning and Environmenta( Commission FROM: Department of Community Development DATE: June 11, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council regarding changes to the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell • I. SUMMARY The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting a final recommendation to the Vail Town Council regarding the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code (Hillside Residential District), to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of new residences and additions within the subdivision and to bring the zone district into greater alignment with the changes made to Section 12-21-14.E.1, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, by the adoption of Ordinance No. 17, Series of 2006, which eliminated the site coverage reduction on steep slopes from 20% to 15%, but limited the disturbed area of the site to 60%. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of this application subject to the findings and criteria outlined in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting a final recommendation to the Town Council regarding the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code (Hillside Residential District), to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%. The proposed text amendment is as follows: • (deletions are shown in st~i~e-t#Feagk~/additions are shown bold) Section 12-6A-9, Site Coverage: Site Coverage shall not exceed #i#een twenty percent (~ 20%) of the tots! site area. III. BACKGROUND On January 15, 1985, the property comprising Spraddle Creek Estates, approximately • 39.55 acres was annexed into the Town of Vail. On November 18, 1986, the Town of Vail adopted the Land Use Plan which identified Spraddle Creek Estates as being. within the Hillside Residential land use designation. The plan identified Spraddle Creek Estates as the single property within this land use designation within Town boundaries. On October 26, 1987, through the adoption of Ordinance 38, Series of 1987, the Town of Vail created and imposed the Hillside Residential District on Spraddle Creek Estates. Town Staff developed the Hillside Residential District in response to the the adoption of the Land Use Plan. On April 17, 1991, the Design Review Board granted final approval to the development of Spraddle Creek Estates. This approval was for roadway design, retaining walls design, landscaping of entry and common parcels, and a design standards handbook for the subdivision. On February 24, 1992, the Planning and Environmental Commission approved several variances for retaining wall height and roadway grades in excess of those permitted. On July 12, 1993, a minor subdivision was approved by the Planning and Environmental Commission to adjust the shared lot line between Lots 14 and 15 to increase the size of Lot 15 to allow for a primary unit and a care taker unit on the lot. On September 7, 1993, the Town of Vail adopted Ordinance 11, Series 1993, which • rezoned Tract C of Spraddle Creek Estates from Greenbelt and Natural Open Space District to Single Family District in order to permanently restrict the lot as an employee housing unit (gate keeper house). On April 5, 1995, the Design Review Board approved a change to the Residential Design regulations for Spraddle Creek to allow for glass expanses in excess of 36 feet. On June 22, 1998, the Planning and Environmental Commission approved an amendment to the Spraddle Creek Estates plat to allow for interior conversions to residences which complied with the regulations. On August 1, 2006, the Town Council, through the adoption of Ordinance No. 17, series of 2006, approved the following changes to the Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code. These amendments do apply to properties zoned Hillside Residential District. The proposed text amendments were as follows: (Deletions are shown in s#f+ks thraegh/additions are shown bold) Section 12-21-14E: RESTRICTIONS /N SPECIFIC ZONES ON EXCESSIVE SLOPES: . 1 ~%) ~~#e s,+ts a=ss :~ay~-die .,,/.J...~a.' ~ Q T.ine~ I Cmn/pupp ~dd: ittttttOffHHvtt ' ") "" o% 1 ~IiI6INi~S; S.'~ 1 2 ~:-1. Not more than fen percent (10%) of the total site area maybe covered by driveways and sun`ace parking. • 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. On April 9, 2007, the Planning and Environmental Commission reviewed this request in a work session and generally expressed support for the change as it would treat properties zoned HiNside Residential District in a manor consistent with other residential districts. The Commission did express that within the Spraddle Creek Estates subdivision, because of lot sizes, there was a concern about the regulations found in Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, and there applicability within the subdivision (60% maximum site disturbance). The Commission suggested that a restriction limiting the amount of site disturbance be put in place on the plat to limit the amount of site area that could be disturbed during development of the lots. IV. APPLICABLE DOCUMENTS Vail Town Code 12-3-7: Amendment: (in part) • A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. • 3 Vail Land use Plan (in part) HR -Hillside Residential • This category would allow for single family dwelling units at densities no more than two dwelling units per buildable acre. Also permitted would be typical single family accessory uses such as private recreational amenities, attached caretaker units, or employee units and garages. Institutional/public uses would also be permitted. These areas would require sensitive development due to sloaes. access. visibility. tree coveraae and geologic hazards. Minimum buildable area of 20, D00 square feet would be required per dwelling unit. Soraddle Creek Residential Desian Regulations Dated July 30, 1993 (in part) BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements must be built including buildings, accessory buildings, site walls, fences, screens, recreational improvements, etc. Landscaping may occur outside the building envelope. A building envelope has been established for each lot based on the natural topography and features on the lot, views, and relationship to adjacent building envelopes. The purpose of the envelope is to reduce .uncertainty of neighbors as to which view corridors might be impacted by future construction, and to help insure that structures blend in with the surrounding landscape, rather than dominate it. Owners should refer to Spraddle Creek Estates final plat in order to clarify lot property boundaries, building envelope, allowable gross residential floor area (GRFA), etc. With the prior written approval of the Town of Vail Design Review Board (TOVDRB), • encroachments outside the building envelope may be permitted for driveways, drainage structures, utility insfallations, sidewalks, and garages that meet the requirements of the Town of Vail Municipal Code. V. SITE ANALYSIS This analysis is provided for the Spraddle Creek Estates subdivision, as it is currently the only subdivision containing properties zoned Hillside Residential District. Lot Summary Chart, as found on the Spraddle Creek Estates plat, in part: Parcel Area Max. Max. Prooosed Max. Proposed Max. GRFA Site coveraae GRFA Site coveraae Lot 1 87,499 s.f. 7,333 s.f 6,483 s.f. 9,050 s.f. 8,001 s.f. Lot 2 48,146 s.f. 6,524 s.f. 5,674 s.f. 8,079 s.f. 7,026 s.f. Lot 3 88,619 s.f. 8,548 s.f. 7,698 s.f. 10,000 s.f. 9,006 s.f. Lot 4 85,250 s.f. 7,016 s.f. 6,166 s.f. 8,669 s.f. 7,619 s.f. Lot 5 61,082 s.f. 6,827 s.f. 5,977 s.f. 8,442 s.f. 7,391 s.f. Lot 6 82,050 s.f. 8,220 s.f. 7,370 s.f. 10,000 s.f. 8,966 s.f. Lot 7 43,833 s.f. 6,309 s.f. 5,459 s.f. 7,821 s.f. 6,767 s.f. Lot 8 31,873 s.f. 5,711 s.f. 4,781 s.f. 7,103 s.f. 6,375 s.f. Lot 9 63,044 s.f. 7,269 s.f. 6,419 s.f. 8,973 s.f. 7,924 s.f. Lot 10 32,296 s.f. 5,732 s.f. 4,844 s.f. 7,128 s.f. 6,459 s.f. Lot 11 71,419 s.f. 7,688 s.f. 6,838 s.f. 9.476 s.f. 8,428 s.f. • Lot 12 96,213 s.f. 8,928 s.f. 8,078 s.f. 10,000 s.f. 9,048 s.f. Lot 14 277,500 s.f. 13,904 s.f. 13,054 s.f. No Change No Change 4 Lot 15 34,118 s.f. 6,726 s.f. 3,839 s.f. 6,726 s.f. 5,119 s.f. Tract A 337,222 s.f. NA NA NA NA Tract B 5,151 s.f. NA NA NA NA • Tract C 47,279 s.f.. 1,900 s.f. 2,200 s.f. No Change No Change Tract D 152,918 s.f. NA NA NA NA Tract E 6,231 s.f. NA NA NA NA Tract F 68,762 s.f. NA NA NA NA Tract G 2,394 s.f. NA NA NA NA * There is no Lot 13 VI. CRITERIA The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As this is a work session staff has not addressed the following criteria. The following criteria will be fully addressed at the hearing in which the Planning and Environmental Commission will be asked to forward a recommendation on to the Town Council. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, On August 1, 2006, the Vail Town Council, through the adoption of Ordinance No. 17, series of 2006, approved the following changes to the Section 12-21- 14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code. • The proposed text amendments were as follows: (Deletions are shown in s#iIEO thra~/additions are shown bold) Section 12-21-14E: RESTRICTIONS /N SPECIFIC ZONES ON EXCESSIVE SLOPES: -'.. N~+ ' S%) a~-t#s stxe arss ma j~ be off) ,~ ~-1. Not more than ten percent (10%) of the total site area maybe covered by driveways and surface parking. 2. !n order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disfurbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of fhe requested deviation. This amendment to the Chapter 21, Hazard Regulations, Vail Town Code, was adopted as it was felt that the previous regulation was not accomplishing the intent of protecting the natural features of a site. The text amendment above was identified to apply to properties zoned Hillside Residential District. • The Hillside Residential District was adopted subsequent to the adoption of the Vail Land Use Plan and the properties within the Spraddle Creek Estates 5 subdivision played a large roll in the development of the zone district even though the regulations could be applied to other properties within town as long as they would meet the prescriptions of the District. Staff believes the 15% • maximum site coverage prescription found within the Hillside Residential District reflected what Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code, stated prior to its recent change. Furthermore, when the Spraddle Creek Estates was platted, the reviewing authorities identified that 15% maximum site coverage would result in much more allowable site coverage on the large lots within the Spraddle Creek Subdivision than would be preferred. To alleviate this concern building envelopes were platted to control the location of structures on the lots and site coverage maximums were reduced be below the 15% maximum allowed under Hillside Residential District zoning. To alleviate the concerns of the Planning and Environmental Commission at its April 9, 2007, hearing regarding allowing a maximum of 20% site coverage, the applicant has revised the Lot Summary Chart on the proposed amended final plat to restrict site coverage maximums and has added Note Number 2 to the plat addressing "site disturbance concerns". Note 2 reads as follows: "The maximum site disturbance shalt not exceed the total area maximums of the building envelope. Furthermore, site disturbance shall not extend more Phan 15'0" outside the building envelope, as defined by this plat and as limited by the size of the building envelope. Additional limited site disturbance may be allowed for site landscaping and site retainage with the approval of the authorities having jurisdiction. Driveway and utility • access will be permitted in addition to the maximum site disturbance if the impact to the site is kept to a minimum. " Staff believes that the proposed text amendment furthers the general and specific purposes of Chapter 21, Hazard Regulations, Vail Town Code, and how it relates to the implementation of the Hillside Residential District. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, As stated above, the proposed text amendment to the Hillside Residential District would better implement the changes made to Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code, in April of 2006, as the goal and objective of protecting sites from excessive disturbance is better achieved with the revisions made to the text. Staff believes this proposed text amendment meets this criterion. 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 inapp{icable; and, Staff believes the change made to Section 12-21-14E, Restrictions In Specific • Zones on Excessive Slopes, Vail Town Code, in April of 2006, demonstrates how 6 conditions have substantially changed, as the 15% site coverage limitation was tied to the previous requirement of Section 12-21-14E, Restrictions In Specific • Zones on Excessive Slopes, Vail Town Code. Staff believes this proposed text amendment complies with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes this proposed text amendment will better implement the requirements of the Hazard Regulations chapter as the treatment of residential zoned properties will be more uniform. Staff believes this proposed text amendment complies with this criterion. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, of the request for a recommendation to the Town Council regarding changes to the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exemption plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, pursuant to Chapter 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-g, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission makes the following findings: 1. That the proposed text amendment furthers the general and specific purposes of the Zoning Regulations. 2. That 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. • 7 3. That 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. . 4. That the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. VIII. ATTACHMENTS A. Vicinity Map B. Reduced copy of recorded plat C. Public Notice • 8 '~ r"„ , f ~ ` Y' r~,r ~~o r{~P ~' ,~ a CSC` wi - N -~ Ir ~ ~ ~. ~y,~~~ ~e ~y'~~:,j 1 C „~A~s ~'F 1 ~ .o ~ '" ,, r ,` ~ '~ ~. o r ~~ U <._ :. Q .+ • (= (~ ~. ~r ra ~rr~ +i '~,x ~f ,~~:~ ~. W ~ L aR 7 f:r~ . x~;°. -4' W ~' r'. p,x~~~, ~ v ~,~~ (B s'~-'i ^` ,~ ki d Y/ ' ^ 4 r i • r e' • s '~ r t - fir, 4 ~' r" r i C. ~~ y e5 t t t o~ r ~~ .S ..i _ L V t ~ I I ~ N~ 4f Y t ,; ~, r~ h'} i ti7 t Y' h /~ t y r ~ ,,, .x ti ~ . y° ~t ~6*~~n"I MAY#~a ~~. ll'~ f 1 f,&~ ~I.~4 ~i "t„ I ~ E5 e , ~ ~ ~'lWt. ~ 1'4.,.~5Y h' ~ sP i .''• ~ l'• ~'.. ~ '1 r~ .ly, , f '4 , ~lr t ~r ~' `l. ' ' 'r r ~. .il ty! a i a .., .. ~., .Yaw ~` , . ` ~ rk +: ~! t i. ~ . ~~ !~ ~.~~+ ~ ~° ~- *~" .~. f ._r ~~ ~ -, l ~t~ m Attachment A i! T09VN OF VAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLLC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on ,April 9, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vai( Town Code, to allow far the addition of an entry feature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0012) Applicant: Vail Estates, represented by Paul Smith Planner: Biil Gibson A request for final review of the prescribed zoning regulations, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%, Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, and setting forth details in regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vaii Town Code, to amend the platted building envelope (Lot 1), within the Eleni Zniemer Subdivision located at 1677 Buffehr Creek Road/Lots 1, Eleni Zniemer Subdivision, and setting forth details in regard thereto. (PEC07-0015) Applicant: Doug Weltner Planner: Warren Campbell • • Attachment C Page 1 • A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0017) Applicant: Vail Resorts, represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published March 23, 2007, in the Vail Daily. • • Page 2 M c O ~~jj 2 F-t W N. 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(PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell I. SUMMARY The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting final review of amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision. The purpose of the proposed plat is to amend the Lot Summary Chart included on the plat which identifies the maximum gross residential floor area (GRFA) and maximum site coverage on each lot within the subdivision. The applicant is proposing to amend the Lot Summary Chart to increase the maximum GRFA and site coverage allowed on each lot. Staff is recommending that the Planning and Environmental Commission approves, with a condiiton this amended final plat subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting final review of amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations. The proposed amendments would allow fora greater maximum GRFA and site coverage being allowed upon each lot within the subdivision. A vicinity map is attached depicting the subject properties (Attachment A). When Spraddle Creek Estates was platted the Lot Summary Chart was included upon the plat depicting the configurations of the lots and building envelopes, as it was a goal of the developer and the Town to maintain greater control over the sizes of the homes which could be constructed upon the lots. This greater need for control over the sizes of the structures which could be constructed resulted from the fact that several of the lots were platted quite large and with allowable GRFA being directly proportional to lot size the sizes of the structures would have been of a size, bulk, and mass, which was deemed undesirable in the Town. Another reason for the restriction to both maximum GRFA and site coverage was the fact the Spraddle Creek Estates subdivision is located on some very steep grades. The combination of restricting maximum GRFA, site coverage, and platting building envelopes, resulted in a situation where steep grades could be protect and development would be more predictable in terms of location on the lots and bulk and mass. Staff has attached for the reference the memorandum to the Commission dated February, 11, 1991, and the Minutes from that hearing where the Commission approved the final plat for Spraddle Creek Estates (Attachment D). The applicant believes the proposed amendments to the Lot Summary Chart are warranted as there were changes made to GRFA within the Hillside Residential district with the adoption of Ordinance No. 10, Series of 2004, that they are unable to utilize and there were changes made to the Hazard Regulations chapter of the Code through the adoption of Ordinance No. 17, Series of 2006, which eliminated the restriction on site coverage from 20% to 15% on steep slopes within the residential zone districts. It should be noted that the maximum allowable site coverage within the Hillside Residential district has been a maximum of 15% since the adoption of the district; however, 'the maximum allowable site coverage on each lot was restricted to square footages below what the size of the lots would allow for the reasons stated above. The applicant has included a letter and several exhibits fully explaining how each lot is proposed to be adjusted in terms of maximum allowable GRFA and maximum allowable site coverage. This documentation is attached (Attachment B). In all cases the applicant is proposing to restrict the maximum allowable GRFA at or below what would be permitted on each lot based on the size of each lot. The maximum allowable GRFA is proposed to be capped at 10,000 square feet, with the exception of Lot 14 which would have no change in GRFA, but would be capped at 13,904 square feet. Please reference Exhibit A of the applicant's submitted documents. The applicant has proposed site coverage maximums which in most case below what the 15% allowable would provide for each lot; however, the accompanying application to this proposal is to increase the allowable site coverage to increase from 15% to 20% within the Hillside Residential district. If the request to increase allowable site coverage from 15% to 20% were to occur that proposed maximum allowable site coverage as depicted in the Lot Summary Chart would at or well below what 20% of each lots size would permit, with the exception of two lots. The proposed site coverage maximums can be found on Exhibit B of Attachment B. III. BACKGROUND On January 15, 1985, the property comprising Spraddle Creek Estates, approximately 39.55 acres was annexed into the Town of Vail. C~ On November 18, 1986, the Town of Vail adopted the Land Use Plan which identified Spraddle Creek Estates as being within the Hillside Residential land use designation. The plan identified Spraddle Creek Estates as the single property within this land use designation within Town boundaries. On October 26, 1987, through the adoption of Ordinance 38, Series of 1987, the Town of Vail created and imposed the Hillside Residential District on Spraddle Creek Estates. Town Staff developed the Hillside Residential District in response to the the adoption of the Land Use Plan. On April 17, 1991, the Design Review Board granted final approval to the development of Spraddle Creek Estates. This approval was for roadway design, retaining walls design, landscaping of entry and common parcels, and a design standards handbook for the subdivision. On February 24, 1992, the Planning and Environmental Commission approved several variances for retaining wall height and roadway grades in excess of those permitted. On July 12, 1993, a minor subdivision was approved by the Planning and Environmental Commission to adjust the shared lot line between Lots 14 and 15 to increase the size of Lot 15 to allow for a primary unit and a care taker unit on the lot. On September 7, 1993, the Town of Vail adopted Ordinance 11, Series 1993, which rezoned Tract C of Spraddle Creek Estates from Greenbelt and Natural Open Space District to Single Family District in order to permanently restrict the lot as an employee housing unit (gate keeper house). On April 5; 1995, the Design Review Board approved a change to the Residential Design regulations for Spraddle Creek to allow for glass expanses in excess of 36 feet. On June 22, 1998, the Planning and Environmental Commission approved an amendment to the Spraddle Creek Estates plat to allow for interior conversions to residences which complied with the regulations. On April 9, 2007, the Planning and Environmental Commission reviewed this request in a work session and generally expressed support for the changes to GRFA and site coverage maximums as it would treat properties zoned Hillside Residential District in a manor consistent with other residential districts affected by the GRFA changes and Hazard Regulation's revisions. ~ The Commission did express that within the Spraddle Creek Estates subdivision, because of lot sizes, there was a concern about the regulations found in Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, and there applicability within the subdivision. The Commission suggested that a restriction limiting the amount of site disturbance be put in place on the plat to limit the amount of site area that could be disturbed during development of the lots. The Commission also expressed concern that the current platted GRFA maximums should be adjusted only to the extent that the other zone districts were adjusted. 3 IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Cod, the Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of the final plat. Design Review Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plaf: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between fhe planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. Vail Land use Plan (in part) HR -Hillside Residential This category would allow for single family dwelling units at densities no more than two dwelling units per buildable acre. Also permitted would be typical single family accessory uses such as private recreational amenities, attached caretaker units, or employee units and garages. Institutional/public uses would also be permitted. These areas would reauire sensitive develo~oment due to sloQes. access. visibility, tree coveraae and aeolooic hazards. Minimum buildable area of 20, 000 square feet would be required per dwelling unit. Saraddle Creek Residential Design Regulations Dated July 30, 1993 (in part) BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements must be built including buildings, accessory buildings, site walls, fences, screens, recreational improvements, etc. Landscaping may occur outside the building envelope. A building envelope has been established for each lot based on the natural topography and features on fhe lot, views, and relationship to adjacenf building envelopes. The purpose of the envelope is fo reduce uncertainty of neighbors as to which view corridors might be impacted by future construction, and to help insure that structures blend in with the surrounding landscape, rather than ~ dominate it. Owners should refer to Spraddle Creek Estates final plat in order to clarify lot property boundaries, building envelope, allowable gross residential floor area (GRFA), etc. With the prior written approval of the Town of Vail Design Review Board (TOVDRB), encroachments outside the building envelope may be permitted for driveways, drainage structures, utility installations, sidewalks, and garages that meet the requirements of the Town of Vail Municipal Code. C] VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Open Space Forest Service Property East: Open Space Forest Service Property West: Open Space Natural Area Preservation District South: Open Space Natural Area Preservation District VH. SITE ANALYSIS Lot Summary Chart, As found on the Spraddle Creek Estates plat, in part: Parcel Area Max. Max. Proposed Max. Proposed Max. GRFA Site Coverage GRFA Site Coveraae Lot 1 87,499 s.f. 7,333 s.f 6,483 s.f. 9,050 s.f. 8,001 s.f. Lot 2 48,146 s.f. 6,524 s.f. 5,674 s.f. 8,079 s.f. 7,026 s.f. Lot 3 88,619 s.f. 8,548 s.f. 7,698 s.f. 10,000 s.f. 9,006 s.f. Lot 4 85,250 s.f. 7,016 s.f. 6,166 s.f. 8,669 s.f. 7,619 s.f. Lot 5 61,082 s.f. 6,827 s.f. 5,977 s.f. 8,442 s.f. 7,391 s.f. Lot 6 82,050 s.f. 8,220 s.f. 7,370 s.f. 10,000 s.f. 8,966 s.f. Lot 7 43,833 s.f. 6,309 s.f. 5,459 s.f. 7,821 s.f. 6,767 s.f. Lot 8 31,873 s.f. 5,711 s.f. 4,781 s.f. 7,103 s.f. 6,375 s.f. Lot 9 63,044 s.f. 7,269 s.f. 6,419 s.f. 8,973 s.f. 7,924 s.f. Lot 10 32,296 s.f. 5,732 s.f. 4,844 s.f. 7,128 s.f. 6,459 s.f. Lot 11 71,419 s.f. 7,688 s.f. 6,838 s.f. 9.476 s.f. 8,428 s.f. Lot 12 96,213 s.f. 8,928 s.f. 8,078 s.f. 10,000 s.f. 9,048 s.f. Lot 14 277,500 s.f. 13,904 s.f. 13,054 s.f. No Change No Change Lot 15 34,118 s.f. 6,726 s.f. 3,839 s.f. 6,726 s.f. 5,119 s.f. Tract A 337,222 s.f. NA NA NA NA Tract B 5,151 s.f. NA NA NA NA Tract C 47,279 s.f.. 1,900 s.f. 2,200 s.f. No Change No Change Tract D 152,918 s.f. NA NA NA NA Tract E 6,231 s.f. NA NA NA NA Tract F 68,762 s.f. NA NA NA NA Tract G . 2,394 s.f. NA NA NA NA There is no Lot 13 VIII. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. As this is a work session staff has not addressed the following criteria. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: C] • (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and 6 • Staff believes that the proposed amended final plat meets all the above elements, as the proposed amendment does not affect access, area, building envelopes, on any of the lots. Furthermore there is no increase in the number of lots within the subdivision. The proposed amendment only affects the Lot Summary Chart listed maximum GRFA and site coverage areas for the 14 lots within the subdivision. The changes to these maximums would be in conformance with the Vail Tvwn Code, if the proposed changes to the maximum allowable site coverage in the Hillside Residential District are adopted by Council. To alleviate the concerns of the Planning and Environmental Commission at its April 9, 2007, hearing regarding allowing a maximum of 20% site coverage, the applicant has revised the Lot Summary Chart on the proposed amended final plat to restrict site coverage maximums and has added Note Number 2 to the plat addressing "site disturbance concerns". Exhibit C in Attachment B identifies the building envelope sizes. Note 2 reads as follows: "The maximum site disturbance shall not exceed the Total area maximums of the building envelope. Furthermore, site disturbance shall not extend more than 15'0" oufside the building envelope, as defined by this plaf and as limited by the size of the building envelope. Additional limited site disturbance maybe allowed for site landscaping and site retainage with the approval of the authorities having jurisdiction. Driveway and utility access will be permitted in addition fo the maximum site disturbance if the impact to the site is kept to a minimum. " To address the Commissions concern over the adjustments proposed to the maximum allowable GRFA for each lot, staff went back into the files for the GRFA Chapter amendments and informed the applicant that the GRFA calculations were adjusted as follows for the residential districts: • A 10% increase for the inclusion of wall area in the calculation. • A 15% increase for the inclusion of vaulted areas in the calculation. • A 250 s.f. increase to compensate for the loss of the 250 addition. • A 225 s.f, increase per allowable dwelling unit for the loss of the credit. The applicant took this method of adjustment and applied it to the maximum allowable GRFA found in the Lot Summary Chart to create the proposed maximum GRFA for each lot. An additional item staff identified since the April 9, public hearing was that there is currently a plat note stating that each lot is granted an additional 1,200 square feet allowed for garages on top of the Lot Summary Chart allowance for GRFA. In discussions with the applicant it was agreed that with the proposed increase in maximum allowable GRFA the credit given to garages should be reduced to 600 square feet per the maximum allowed in • the Hillside Residential District. Homes will still be allowed garages over 600 square feet, but some of the allowable GRFA will need to be used to do so. Staff believes the amended final plat 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, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff believes the proposed amended final plat which proposes to amend the Lot Summary Chart on the plat is in compliance with the Vail Zoning Code. If the proposed amendment to the maximum allowable site coverage in the Hillside Residential District is adopted by Town Council, the changes made to the Chart will be consistent with or more restrictive than zoning prescriptions for GRFA and site coverage within the subdivision. Staff believes the amended final plat 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 As stated above under previous criterion, this proposed amended final plat does not increase the number of lots or configuration of the existing lots within the subdivision. Staff believes that the proposed changes to the Lot Summary Chart do not have a negative affect on the elements listed in this . criterion. Staff believes the amended final plat complies with this criterion. (4) The extent of the effects on the future development of the surrounding area; and Staff believes this proposal will have no negative effects on the future development of surrounding areas for reasons stated previously. Staff believes the amended final plat 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 believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat 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 under-sized lines; and • Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (7) The extent to which the proposed subdivision provides for fhe growth of an orderly viable community and serves the best interests of the community as a whole; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (8) The extent to which fhe 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 believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. • (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (7) That the subdivision is in compliance with the criteria listed in Subsection 73-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with fhe development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. • 9 IX. STAFF RECOMMENDATION • The Community Development Department recommends that the Planning and Environmental Commission approves with a condition, the request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to patted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exemption plat, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the Amended Final Plat, Fourth Amendment To Saraddle Creek Estates, Part of the SE '/. SW 114 , Section 5, Townshia 5 South. Ranae 80 West Of the Sicth Princiaal Meridian, Town Of Vail. Countv Of Eaale. State Of Colorado, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this final • plat amendment request, the Community Development Department recommends the Commission applies the following condition. Approval of the Amended Final Plat. Fourth Amendment To Saraddle Creek Estates. Part of the SE '/. SW 1/4 ,Section 5. Townshia 5 South, Ranae 80 West Of the Sicth Princiaal Meridian. Town Of Vail. Countv Of Eaale. State Of Colorado, shall become effective upon the adoption of the ordinance amending the text to increase the maximum allowable site coverage from 15% to 20% within the Hillside Residential District. Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission makes the following findings: 1. That the application is in compliance with the intent and purposes of the Subdivision Regulations, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. • 10 • , 3. Thaf the application to amend the Lot Summary Chart on the Spraddle Creek Estates plat has been determined to meet the intent and goals of the approved development plan. X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed amendments to the Lot Summary Chart C. Reduced copy of recorded plat for Spraddle Creek Estates D. Copy of February 11, 1991 Memorandum to the PEC and Minutes E. Copy of the proposed Amended Final Plat for Spraddle Creek Estates. F. Public Notice • 11 .~•I '• t ~Ti ': '~.1.. .... FXx.:. x... . ,.' `_ i~~.~ .,~ .''~~'.~ ~ ~~;, j,~r1- P- "'~"' N '~~` 'r ~~+ *~ ~ Q ~~,p~~ j ~ s~ a ~ '~~ L ~ N C '~ ~' ... a -~~~. •, ~:~_ ~,~ . .;a ~ . ~' ~ ~"a ~ o .~ ~ `~ W . -~ . Q~ ~ ~ m " ~'~ .~ ~ ~ ~ ~ , ~ ~ t13 ~ w ~ » ~ d i~ . ~1 ~ t ,L ~ ,~ ,, ,~ d ~ r ~'r ~ ~.,xr ~ ~ ; 3 7 R ~ C,It~ . ~ • h r ~ ' a 4 • fr t }t t J~ ~ C~ 5, ~"~ , . ~, ,~. :..FYI }i i)I L.~ k L ~.- y` " + w +, ~. ~~. • Z oEs o~~R E E ~ N. May 14, 2007 Town of Vail Planning and Environmental Commission Vail, CO 81657 Re: Spraddle Creek Estates -GRFA /Site Coverage Amendments Dear Commissioners: This package is presented by Zehren and Associates on behalf of the residents of Spraddle Creek Estates, in an attempt to modify the existing plat for Spraddle Creek and capture addition Gross Residential Floor Area (GRFA) as permitted by the Town of Vail (TOV) Code within the Hillside Residential (HR) District, and modify Site Coverage. The strategy to do this was discussed in a Work Session with Town Staff on April 9, 2007. The strategy is described below and remains essentially the same, but we've added information per the Town's request. For ease of comparison all new information contained within this Summary is identified in bold italics. We are applying for an Exemption Plat, to provide the vehicle for modifying the current Spraddle Creek Estates Plat, which outlines the allowable GRFA, Site Coverage, and other restrictions, and supersedes the Town Code: ^ The current TOV Code defines how GRFA is to be measured within the HR Zoning District. ^ However, since the existing Plat calls for GRFA amounts less than what is permitted by the Town Code, the residents of Spraddle Creek would like to update the Plat to allow them to use the additional GRFA allowed by Code if they chose. ^ At the Work Session the PEC asked us to compare what we are requesting with what has been allotted to the rest of the Town (10% + I S% + 250 SF + 225 SFper Dwelling Unit) within the new GRFA Code, which we have done in the attached matrices. ^ Any future use of additional GRFA would still need to comply with the mass, bulk, and height restrictions as outlined in the Spraddle Creek Estates Design Guidelines and the TOV Design Guidelines. ARCHITECT • INTERIORS Attachment B ZoEs ociREE~ N. We are also applying for a Code Amendment, to provide the vehicle for modifying the Site Coverage permitted within the HR District, since the additional GRFA will be of limited value unless additional Site Coverage is added as well: ^ The link from GRFA to Site Coverage -as a proportional ratio -was recommended by Town Staff during numerous on-going discussions regarding the modifications to the Spraddle Creek Plat. ^ The current TOV Code restricts the HR District to 15% Site Coverage. Furthermore, the existing Plat calls for Site Coverage amounts less than what is permitted by the Town Code. However, since Spraddle Creek already falls within a very restrictive development with very defined lot sizes, building envelopes, and other site restrictions, we feel additional Site Coverage is warranted. We feel the Site Coverage numbers identified on the current Plat were created due to the Hazard Regulations for Excessive Slopes (12-21-14) at the time. However, since recent Code amendments now attempt to mitigate hazards on excessive slopes using a 60% maximum site disturbance number rather than a site coverage number, we feel the increase in Site Coverage for Spraddle Creek is appropriate. Per the PEC's request, we have now added Maximum Site Disturbance to the matrices, as a function of the Building Envelope size. Rather than increase all the Site Coverage numbers to 15% or 20% of the lot size, we propose to "cap" the proposed Site Coverage (similar to how GRFA was "capped") and increase them as a ratio of the additional GRFA we are requesting, using a calculation similar to how Site Coverage was originally derived for Spraddle Creek. Originally Site Coverage was calculated by taking the GRFA and subtracting 850 SF from that number. For Proposed Site Coverage we are taking the Proposed GRFA, and then subtracting 850 SF times the ratio ofproposed-to-existing GRFA: 10,000 (proposed GRFA) divided by 7,333 SF (current GRFA) _ 1.363698; therefore proposed site coverage = 10,000 SF - (850 SF X 1.363698) = 8,841 SF For most lots the Proposed Site Coverage falls well below the 15% of lot size permitted by the TOV Code. 5 lots, however, exceed this amount but fall below 20% lot size. ^ Any future use of additional Site Coverage would still need to comply with mass, bulk, and height restrictions-along with adjacent homeowner approval- as outlined in the Spraddle Creek Estates Design Guidelines and the TOV • Design Guidelines. ARCHITECTURE • PLANNING • INTERIORS • Z E H R E N ANO ASSOCIATES, INC. The following Exhibits are provided for discussion: ^ Exhibit "A" provides a summary of the GRFA for all the lots within Spraddle Creek, including existing GRFA (per Plat), GRFA according to the HR District guidelines, GRFA allotted to the rest of the Town within the new Code, and Proposed GRFA (shown as outlinedl. Please note that the residents of Spraddle Creek are proposing to "cap" GRFA at 10,000 SF, even though the Code would allow more area in many cases. The exception is Lot 14, which stays with its current allowable GRFA per the Plat, since it is already very significant in size. ^ Exhibit "B" provides a summary of Site Coverage for all the lots within Spraddle Creek, including existing Site Coverage (per Plat), Site Coverage according to HR District guidelines, and Proposed Site Coverage (shown as outlinedl.. Proposed Site Coverage is based upon the 20% Allowable within the Single-Family Residential District, and most other residential districts within TOV. Methodology for determining Proposed Site Coverage is described below. • Exhibit "C"provides a summary of Maximum Site Disturbance proposed for each lot, per the PEC's request. Maximum Site Disturbance is limited to the size of each Building Envelope, and is also listed within Exhibit "C" as a percentage of the lot size, so that the Disturbance proposed for these lots can be compared to the 60% Site Disturbance granted for typical lots within the Town. ^ Exhibit "D"provides an Overall Summary of GRFA, Site Coverage, and Maximum Site Disturbance, to illustrate the link between the three. ^ Exhibit "E" provides a Summary of Differences between the Hillside Residential Zone District and the Single-Family Residential Zone District. At one time Staff felt it might be better to simply delete the HR Zone District from the TOV Code, since it only applies to Spraddle Creek-this comparison is provided in the event this is still a viable strategy for moving forward. The salient differences between the two zone districts are shaded in gray. ^ Exhibit "F"provides background information to show how values were derived for all the matrices. ^ The large sheet drawings illustrating the proposed Amended Plat for Spraddle Creek are included for review and approval by PEC. ARCHITECTURE • PLANNING • INTERIORS Z E H R E N • AND ASSOCIATES, 1NC. We appreciate the opportunity to present this material to you. If there are any questions, please don't hesitate to contact Patrick Fortner or me. Sincerely, ~~~ Dave Kaselak, A.I.A. Principal Zehren and Associates, Inc. Atch: Exhibit "A" - l lx 17 Spraddle Creek Estates GRFA Analysis Exhibit "B" -1 lx 17 Spraddle Creek Estates Site Coverage Analysis Exhibit "C" - llx 17 Spraddle Creek Estates Site Disturbance Analysis Exhibit "D" -11x 17 Spraddle Creek Estates Overall Summary Exhibit "E" - llx 17 Spraddle Creek Estates HR /SFZone District Comparison Exhibit "F" - llx 17 Spraddle Creek Estates Background Information (S) Sheet Drawings illustrating the proposed Amended Plat • ARCHITECTURE • PLANNING • INTERIORS h 0 0 N N ti W F" ~ m ...i y F ~~ ~ ~ W ~ d x W as W o F U "" U ~ ~ W ~ W a A ~ A~ a ~U O ti Q b >~ >~ p N w ~y 'fl ie ~, `h Vl N M N O N N ef'" ~O -00 N O G\ ': _ ~ ~„~"o W ;'ri ~ ri', ~ ''~ rl H: ti ri rl ~i~i rl - H =-- . a ~ ~ ~F _ %- Q o i `M ~ 'h d- I`h" v~ 'h': 00 h' M N. N ~C O~ - ; ~ x _C `M M M v'S O: V'S h N ~--~ t M N' M h' ~t = f c ~ ~0~, h N 00 00; .~ ~D. 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M M X Q II ao 0 U b y °o. 0 a m M M M M 0 0 0 C_ N a~ .O •++ b c~ ~ ~ ~ ~ ~ "O y ~ 'O O ,~ ~ o a i*t O * ~ • • • SPRADDLE CREEK ESTATES RESIDENTIAL DISTRICT ANALYSIS JUNE '11, 2007 SINGLE -FAMILY RESIDENTIAL DISTRICT 12-6A HILLSIDE RESIDENTIAL DISTRICT (Current District for Spraddle Creek) EMPLOYEE HOUSING TYPE IV PERMITTED TYPE V PERMITTED BED & BREAKFASTS CONDITIONAL USES EQUESTRIAN FACILITIES FUNICULARS HOME CHILD DAYCARE PUBLIC BUILDINGS, GROUNDS & FACILITIES PUBLIC PARK ~ RECREATION FACILITIES SKI LIFTS & TOWS HOME OCCUPATIONS ACCESSORY USES LOT AREA SITE DIMENSIONS PRIVATE GREENHOUSES, TOOLSHEDS, PLAYHOUSES, GARAGES OR CARPORTS, SWIMMING POOLS, PATIOS, OR RECREATIONAL FACILITIES OTHER USES CUSTOMARILY INCIDENTAL AND ACCESSORY TO PERMITTED OR CONDITIONAL USES LOT AREA = 21,780 SQUARE FEET OF CONTIGUOUS BUILDABLE AREA MINIMUM FRONTAGE OF 50 FEET SITE SHALL BE OF A SIZE AND SHAPE CAPABLE OF ENCLOSING A SQUARE AREA 80 FEET ON EACH SIDE WITHIN ITS BOUNDARIES MINIMUM FRONT SETBACKS = 20 FEET SETBACKS MINIMUM SIDE SETBACKS = 15 FEET MINIMUM REAR SETBACKS = 15 FEET HEIGHT DENSITY CONTROL SITE COVERAGE LANDSCAPE & SITE DEVELOPMENT PARKING FLAT ROOF/MANSARD ROOF THE HEIGHT OF THE BUILDING SHALL NOT EXCEED 30 FEET SLOPING ROOF THE HEIGHT OF THE BUILDING SHALL NOT EXCEED 33 FEET. 11. DWELLING UNITS: NOT MORE THAN 2 PER SITE A. GROSS RESIDENTIAL FLOOR AREA(GRFA): NOT MORE THAN 43 SF OF GRFA FOR' EACH 100' SF OF THE FIRST 10,000 SF OF SITE AREA B. 25 SF OF GRFA FOR EACH 100 SF OF SITE AREA OVER 10,000 SF, NOT EXCEEDING 22,000 SF OF SITE AREA. C. 7 SF OF GRFA FOR EACH 100 SF OF STIE AREA IN EXCESS OF 22,000 SF. 2. ANY SITE CONTAINING 2 DWELLING UNITS, ONE OF THE UNITS SHALL NOT EXCEED 1,200 SF OF GRFA. UNIT SHALL NOT BE SUBDIVIDED OR SOLD SEPARATELY FROM THE MAIN DWELLING UNIT UNIT MAY BE INTEGRATED INTO THE MAIN DWELLING UNIT OR MAY BE INTEGRATED WITHIN A GARAGE SERVING THE MAIN UNIT, BUT SHALL NOT BE A SEPARATE FREESTANDING STRUCTURE. SITE COVERAGE SHALL NOT EXCEED 15% OF TOTAL SITE AREA. AT LEAST 70% OF EACH SITE SHALL BE LANDSCAPED 12-6B EXHIBIT - "E" SINGLE -FAMILY RESIDENTIAL DISTRICT TYPE IV PERMITTED BED & BREAKFASTS DOG KENNELS HOME CHILD DAYCARE FUNICULARS PUBLIC & PRIVATE SCHOOLS PUBLIC BUILDINGS; GROUNDS & FACILITIES - PUBLIC PARK & RECREATION FACILITIES PUBLIC UTILITY & PUBLIC SERVICE USES SAM E LOT AREA = 12,500 SQUARE FEET OF CONTIGUOUS BUILDABLE AREA MINIMUM FRONTAGE OF 30 FEET SAME SAM E SAM E SAME 1. DWELLING UNITS: NOT MORE THAN 1 PER SITE A. GROSS RESIDENTIAL FLOOR AREA (GRFA): NOT MORE THAN 40 SF OF GRFA FOR EACH 100. SF OF THE FIRST 10,000 SF OF SITE AREA B. 13 SF OF GRFA FOR EACH 100 SF OF SITE AREA IN EXCESS OF 10,000 SF. 2. NO SINGLE-FAMILY RESIDENTIAL LOT EXCEPT THOSE LOCATED ENTIRELY IN THE RED HAZARD 4VALANCHE ZONE OR THE FLOODPLAIN SHALL BE 50 RESTRICTED THAT IS CANNOT BE OCCUPIED Bl' DNESlNGLE-FAMILY DWELLING. SITE COVERAGE SHALL NOT EXCEED 20% OF THE TOTAL SITE AREA. AT LEAST 60% OF EACH SITE SHALL BE LANDSCAPED MINIMUM WIDTH AND LENGTH OF ANY AREA QUALIFYING AS LANDSCAPING SHALL BE 1-0 FEET WITH A MINIMUM AREA OF NOT LESS THAN 300 SF. OFF STREET PARKING SHALL BE PROVIDED IN ACCORDANCE WITH CHAPTER 10 OF THIS TITLE SAME SAME 07.0- Res District Analysis -Final-Updated.xls ~ 5/2007 a O N .r ti W h d F W x w U W a A '~ a a Q ~--i vi ~~+ ~U O d r"i N .~ ~~ Cd ~ ~ `~ O H U ''" a~ ~ b W A 0 0 ~ }°, ~ o a ,~ x oo~ a~a ~~ CJ u~„ o ~ ~ ~~ ~ w > 0 o ~ U b v N p i W ~ ~ ~ ~ p C ~ a~ .+ U y Qa Q w ~ h ~ ' ~ .~ ~ y Q fA ~ .% W o ~: Y 7. ~ °" ~ a o ~ U o d ~ H .C w CG et a ~ x W a 0 0 N U ^ ;; ' K ~ N w M ~ °~ w x o > .o U N x ., z O hl H Q w O w z hH N ~ w W a ~ ~ U U °~ ~ b ~ w ~o ~~ U G W A ~ ~° ~ ~ U 3 z U ~e d~ h '~ o w o a` d a W H w F~ M O U U .~ d f'+ z w A H W W Q N U ~--i U O ~ R ~ ~ a' U C7 w ~O ~ c ~ w N ~ ~ x w a, ~ 7 U ~ GJ a 0 a w 0 °o 0 o ~ ~ U }. 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N ~-s'clsdr ~rM-~icerYe YIM b[tptlw w, ~_ r• bw ~ •t Irw - 4plr urrrb•~^w Attachment C '~" °" iq.1 C!YC`J'.'S~ IGLE• I r ]40 SPRADDLE CREEK ESTATES PART OF THE SE 1/4 SW 1/4, SECTION 5, TOWNSHIP 5 SOUTH, RANGE BO NEST OF THE SIXTH PRINCIPAL MERIDIAN TOWN OF VAIL, EAGLE COUNTY, COLORADO ~1~Y ~~~iiwe s n~•. 1~'I I li 1 i•dl 1~c, 1' 1 , r______ i 1 ~~ i ~ i ~ r ~~k~ ' _t ~~ 1 i f' 1 x~ M lP~P'15 E 11]1.11' M rn• rwYx I ~ \. ~I ___________l _ ______8 ______ ,~ rw ~ ~n~w r~i y~ VI r Qa N trn Yew w~~~ ,wM , v~~ rw•• SEE SHEEP 3 n... /~'~ amnsE m..r .+•:_?_ ~ re_1 .u.. C.~ - ~~/~i j \ i . /~ ' ~ ~~~~~~~,;,;, ::;. '~YS ~ ~ ~ o, a cA~i~N ``` +~%.""a`..:~y~ ~"~ x ~t'iat a ~i~~ a ~ ~ p.., . :, ~ --- ~..1."~~ ~_~ ~Td-e °~'~ rr ' ' z~ ~j~~ `. ~ ~ ~,, jai y„~/ j//;; ; ~'~; ~i - x._i_.`_ ~'%t ' j: `+, a' •m {~~~t• ~ \J n~T...,.,` \~ ``'~~ ~~Cl~/r'i~~ , -- E SEE SHEET ] ~ i w i ~ v ~~~/~ ~S~ ~! //f EI `V / /~ ~ `~X.+' sY cu •C ~~~ /~i~ a'w ~ ^•~..;,; ,;~ -_-- ~• wr ~ '~rw~% j~ /' \ -""~\` x«44 v''t. ~ N. q - 'k11Cr{ LINE __ '_``~-,-- w~; j poi ~ -___~-- ~ `- SEE SHEET 3 - . w[~ - "'~ r"hi ~`""' A '~ aex TRACT C r~Wy.~_ ...~... wu r.~e. ~~ ~~......~ ` ~ ~~ ~ rw UGC! ~. ` SCµE: 1' . 60' TR~C ~r R Z1J 7 \_ ~~ F ] • . ~ SPRADDLE CREEK ESTATES PART OF THE SE 1/4 SW 1/4, SECTION 5, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN TOWN OF VAIL, EAGLE COUNTY, COLORADO 4 y4 3` W ~_ a~•ar t R ,~„ ,{~~ SEE SHEET 2 ~ r _ a'^a1• 4~,E SEE SHEET 2 ~j _ 'q• ~ ~'~wyr r - '' I ~g~'+~+'t n.zo- S A ~---~ ~OLE`w ~ .~... W 9 f ~ ~1W'i~ G __~ ~ _ p~t~ ~ ~~ ~ ~x tflri SEE BELOW 7 C9 ``\'1 -~__,_ '.~~. ~ ~ ~ ~. ~ r.-.v..e 4 _ 'r t TRMCf C ~ +aA ~ •~ I , _ _ / w M _° ~ aI_ \`\\~~ wll lr t-Iws \,®t4bW rwRx.6 ~~ WOOII 141} w ` ~•.•. n ++...~. w w •sn s er~rar r wam U5. HaMMXY Nw 70 ii ili w4 Rmtwix _~r~-i_ v Is rr a 'r,~~" .o.a ~'nbpw- w t EASd1FNf DETNL 'A' ,vt4 t . w uyw~W~., w f ~- r.l wM aws .~ M .e11~ wM Mw ~'~.M ~ 1~IM•• wiryMnw r.. w. w V„IV ~.~i..•~Ie~1i. I.~ Y•wi~w...w r p~ f~ Y~i~ kS F Ny ~0 ~\ I.~.~ ~ w ~~•~~~V~rwr unt we ~,. I.,. u~,~.• a m•al•o 11i:A A h sRf•4'n• l.It ip IP Ib M ai ii•n• Inn iii ue n•>,•u• ups p'b~i• i10 M e,,~i• a.w.r i n u•a ~.w un ,n n•a•IV K'4•IV IN.p '11.p 111 n'w'l~' li•4~ M•LT)• m ir~'i~r u~.w o.w S n SHEET ] Of 3 a4. ~~ TO: Planning and Environmental Commission FROM: Community Development Department • DATE: February il, 1991 RE: A request to approve the final plat for a major subdivision on a parcel commonly referred to as Spraddle Creek, an approximate 40 acre parcel located north and east of the Main Vail/I-70 interchange and east of the Spraddle Creek Livery. Applicant: George Gillett, Jr. I. PROJECT SUNIl~'lARY A. Preliminary Plan Anoroval Summary Spraddle Creek is a forty acre parcel located northeast of the Main Vail interchange. Mr. George Gillett, Jr. is the owner of the property. The property is surrounded by White River National Forest land on the north, east, west and south. T-70 right-of-way is located adjacent to Spraddle Creek's southwestern boundary. The applicant is requesting final approval for a major subdivision plat. The property was annexed into the Town of Vail in January of 1985 and Hillside Residential Zoning was applied in November of 1987 by • Ordinance No. 38, Series of 1987. On September 24, 1990, the Planning and Environmental Commission (PEC) unanimously approved the subdivision preliminary plan, retaining wall height variance, and road grade variance by a vote of 5-0. The preliminary plan was approved with twenty-four conditions. The Planning and Environmental Commission recommended that the applicant work on reducing the road grade to the new livery site and also refine the architectural guidelines. The PEC also recommended that the applicant be responsible for maintenance of the landscaping along the public road for a two to three year period after the landscaping has been established, rather than two to three years after planting. On October 2, 1990, the Town Council reviewed the project. A vote was taken and the motion to approve passed unanimously. 1 Attachment D II. CONDITIONS OF APPROVAL FROM PRELIMINARY PLAN Below is a summary of the final conditions of approval for the project. The original conditions are highlighted in bold print. A. The proposed road grades and retaining wall heights are maximums for the subdivision. if it is determined by staff through the final plat review and/or building permit, or construction phase that road grades and retaining wall heights may be further reduced, the applicant will agree to do so. The final plat submittal will provide a thorough analysis of the soil nailing and tie rod system for cut walls in order to minimize site disturbance. Staff Summarv: Since preliminary plan approval, there have been several changes to the retaining wall design. At this time, a "keystone" wall is proposed, and this wall has been reviewed conceptually by the Design Review Board. The color of the walls will be tan, unless otherwise agreed to by the Design Review Board. Cut walls will continue to have a ten foot planting terrace between each retaining wall. Fill wall planting terraces have been reduced to six feet between each retaining wall. This creates a four foot reduction from the planting terrace for fill walls from preliminary plan approval. The reason for this reduction is to further minimize disturbance of the site. The same quantity of plant materials will still be able to be located within the six foot terrace of the fill walls. The height of retaining walls does not exceed the eight feet eight inches approved at preliminary plan. The maximum number of wall terraces proposed is three. These three terraced wall areas have a maximum combined height of 32 feet. (3 x 8'-8" + 2 x 3' [far planting terrace].) This height results in the height of the tiered wall being two feet higher than what was approved at preliminary plan. Below is a comparison of walls between preliminary plan and final plat. Preliminary Plan Final P7.at 0-6 ft. 3,225 l.f. 2,978 l.f. 6-8 ft. 2,663 l.f. 2,085 l.f. 8'1"-8'8" 291 l.f. 2,254 l.f. Total Length 6,179 l.f. 7,317 •l.f. Difference (247 l.f.) + 578 l.f. +1,963 l.f. 1,138 l.f. 2 The applicant has provided additional information on the rationale for using the "keystone" wall system. Soil nailing or a tie rod system is not proposed. The Town Engineer has reviewed the studies submitted by Retention Engineering consultants and agrees that the "keystone" wall is appropriate given the soils. Below is the Town Engineer's analysis of the appropriateness of the keystone wall. Town Enaineer's Comments: Although a thorough analysis of soil nailing and a tie rod system was not completed, it appears that the wall system is adequate for the site. Tie rod systems are only appropriate once wall heights exceed l0 feet in height. The use of terraces to mitigate the impact of the walls makes the tie rod system less effective in reducing disturbed areas above the top wall. The amount of disturbance was. reduced with use of a 1.5:1 slope above the wall. The "keystone" wall system also has great flexibility in reducing the amount of wall used based on varying site conditions in the field. Blocks come in square foot pieces and can be removed to accommodate minor changes in site topography. Tie rod systems are normally available in 8'x 8' panels and are more rigid in dealing with varying site conditions. All triple cut walls, except M walls, could be reduced • by more extensive grading. If this occurs, a tie rod is not appropriate. A tie rod system would only be appropriate for the M wall. The use of a tie rod system on the double tiered M wall does not seem appropriate because~of the amount of disturbance taking place on Lot 14 and the possible disturbance resulting from the elimination of a portion of the lower M wall the O wall located to the east of this area. The applicant has also agreed to provide planting notches in walls that are greater than 400 feet in length. The concept is that in areas where the length of the wall is extreme, planting notches would be built into the walls to break up the linear appearance of the wall. It is staff's opinion that the applicant has met the first condition of approval concerning road grades and retaining wall heights. The grades and retaining wall heights (8'-8") do not exceed those approved by the PEC at the Preliminary Plan review. There is a net increase in wall length of 1,138 l.f. Some of this increase is because of concerns for creek protection and the walls that provide for the livery stable • 3 roadway. Staff is concerned about this increase in wall length. The staff has identified to the applicant walls that may be removed with additional grading and landscaping. These walls include portions of the I walls and K walls, and Cl, C2, 01, M1, Y1, Z1, and walls below the gatehouse. The applicant does not want to remove these walls from the plans as unforeseen site specific conditions may make it necessary to keep the walls. The staff felt this was an acceptable approach to avoid another review by the PEC and DRB during construction. This approach allows the PEC to review the worst case scenario. Before final review by Council, worksheets showing grading and proposed landscaping to mitigate grading shall be submitted to the Town engineer, landscape architect and Community Development Director for review and approval. 2. Construction guidelines will be used during the actual building phase for the wall and road improvements. See Section on EIR Wall Analysis of this memo. Staff Summary: The applicant will submit construction guidelines, along with landscape, architectural and irrigation guidelines for DRB and PEC approval if the PEC desires to review the documents. i 3. A grading easement on the southwest corner of the property will allow the Town of Vail the right to grade onto this portion of the property if and when the North Frontage Road is extended to the east below the subdivision to create a new underpass connecting to Vail Valley Drive/Blue Cow chute. Staff Summary: The applicant has provided an adequate grading easement for the Town of Vail. The easement is indicated on the final plat. 4. An agreement finalizing the livery stable relocation and reclamation of the existing livery site will be submitted with the final plat information. Staff Summary: The applicant has agreed to relocate the livery to Forest Service land to the east of the 5praddle Creek site'and also to revegetate the existing livery site. • 4 5. 6. The conditions for lots having slopes over 30~ will be • applied to the subdivision. This section of the code is 18.69.050 A-D, F-Y, R and L. Staff Summary: The applicant has agreed to this condition, and will indicate this stipulation on the final plat and covenants. Site coverage shall be limited to 80 to 100 of the allowable GRFA for each lot. This condition will be finalized at final plat. Staff Summary: The staff and applicant have agreed to Limit site coverage to 1000 of the allowable GRFA minus 850 sq. ft. for each lot, excluding Lot 14. The site coverage for Lot 14 shall be 10,000 sq. ft. Lot 8, Lot 10 and Lot 15 shall be limited per the standard Hillside Residential zoning which is applicable on smaller lots.* Please see the chart comparing the nronosed site coverage, to site coverage allowed under the standard Hillside Residential Zoning. Proposed Site HR Site Lot Coveraae Coverage f.151, 1 6,483 13,125 2 5,674 7,222 3 7,698 • 13,293 4 6,166 8,698 5 5,977 8,130 6 7,370 12,308 7 5,459 6,575 8* 4,781 4,781 9 6,419 9,457 10* 4,844 4,844 11 6,838 10,713 12 8,078 14,432 13 N/A N/A 14 10,000 32,329 15* 3,839 3,839 Staff tried to achieve a balance among the following factors when determining an appropriate site coverage percentage: * The need for flexibility in site planning because of the sensitivity of the lots. * The fact that the existing Hillside Residential zoning would provide no control on site coverage, because of the large lot size. Essentially, all square footage (GRFA + Garage 1200 sq. ft.) could be built on one level. 5 • • * The probability that most lot owners will want to construct 3 or 4 car garages which are not incorporated into GRFA. * The applicant's willingness to provide building envelopes and architectural guidelines. * The fact that the new site coverage ordinance has become more restrictive. * In Primary/Secondary zoning, site coverage does not exceed GRFA until lots exceed 30,000 sq. ft. It appears that with large lots, the site coverage would exceed GRFA. Using Primarv/Secondarv Zoning Standards (With New GRFA Definition) Lot Size GRFA* Site Coverage (.20 of total site) 15,000 4,600 sq. ft. 3,000 sq. ft. 20,000 5,100 sq. ft. 4,000 sq. ft. 30,000 6,100 sq. ft. 6,000 sq. ft. 40,000 6,600 sq. ft. 8,000 sq. ft. * Figure does not include 1,200 sq. ft. for a garage When this condition of approval was originally discussed at preliminary plan, the GRFA and site coverage ordinances had not been amended. The new GRFA ordinance takes into account all GRFA, excluding garages, which are equivalent to a maximum of 1,200 sq. ft. By allowing for 100$ of the allowable GRFA minus 850 sq. ft. for site coverage, we believe that good site planning will result. The limit on site coverage, in combination with the building envelopes and architectural guidelines, should insure that houses are sited in a reasonable manner on the sensitive sites,' while still allowing flexibility for individual site planning. 7. If a fireplace is desired by the owner for the caretaker unit, gas appliances or gas logs shall be used in all caretaker units. Only one wood burning fireplace will be allowed in the main unit. Staff Summary: The Town Council recently adopted Ordinance No. 42 of 1990 which restricts all new construction to gas logs and gas appliances. This subdivision will be governed by this ordinance. The only lot that will potentially be able to have one wood burning unit is Lot 14. At this time, the owner of the entire Spraddle Creek site may submit design plans for • one Hillside Residential development. If the final 6 submittal occurs before February 15, 1991, this . development will be allowed to have one wood burning fireplace for the main unit. The caretaker unit for Lot 14 shall be required to meet Ordinance No. 42, as at preliminary plan approval, the caretaker was already restricted to gas. This solution is acceptable to staff. ' 8. The chain link fence around the culvert at the subdivision entry will be removed and a more aesthetic barrier provided with appropriate landscaping if allowed by the Colorado Division of Highways. Staff Summarv: The applicant has agreed to remove the chain link fence and replace it with a wooden fence and landscaping. This meets the staff concern. 9. The six spruce trees by the subdivision entrance on the south side of Gillett Road shall be relocated and must survive for two years after they have been relocated. If they die within the two year period, the trees will be replaced by similar type and sized trees, at the owners expense. Staff Summarv: The condition is met. 10. All Fire Department standards and requirements per the • letter from Mike McGee dated August 2, 1990 shall be complied with by the owner or as otherwise modified. Staff Summarv: All fire department concerns have been addressed by the applicant, to the Town's satisfaction. li. Before any building permits are released for the subdivision and once the subdivision receives final plat approval, the appropriate easements allowing for public access shall be recorded per the Forest Service requirements. Staff Summarv: The applicant agrees to this condition. 12. Six foot paved shoulders on either side of the Frontage Road for a distance of approximately 520 feet (from the Spraddle Creek intersection west) for a public bike path shall be provided by the developer. Staff Summarv: The applicant has agreed to construct the 6 ft. bike lanes. 7 • 13. All construction on each lot shall occur within the platted building envelopes. The building envelopes shall be adjusted per the revised staff plan dated September 7, 1990 before final plat. Staff and the applicant will determine what improvements, if any, will be allowed outside the envelope at final plat. Staff Summary: The applicant has revised the building envelopes per planning staff recommendations drawn on the September 7, 1994 preliminary plan. The staff also reviewed the building envelopes on site. The final plat reflects the recommendations made at preliminary plan and the site specific analysis. All improvements shall occur within building envelopes except driveways, sidewalks, retaining walls, grading, surface parking, and garages that meet Section 18.69.050 A-D, F-J, K & L of the Town of Vail zoning code. These site improvements, may be proposed outside of the building envelopes as long as Design Review Board approval is received and any impacts on topography and vegetation are minimal and the end result is a building that is well integrated into the site. Retaining walls are discouraged, but if necessary, shall be integrated into the site as much as possible. Garages will be allowed to be located out of the building envelope if they meet the slope standards for lots that have the main building and garage in areas of the site that exceed 30~ slope. In respect to Lot 14, the building envelope shall be tied to the site plan dated October 4, 1990, with signatures dated February 7, 1991, prepared by Pierce, Segerburg, Spaeh Architects. The envelope is tied to a specific site plan because of the size of the house, the staff's concern that all major improvements be located within the building envelope, and that the house not move closer to the south if the envelope is expanded to include two south facing patios. Because the preliminary design for Lot 14 is completed, staff had the opportunity to analyze this particular envelope in relation to the proposed residence. Overall, the building envelopes have been located in a manner that is sensitive to areas of slope over 40o and existing tree lines. Staff has also tried to consider building envelope configurations that allow for a reasonable area to locate a house within. We believe the applicant has responded to our concerns and we support the building envelopes as proposed on the final plat. • 8 14. All construction for the subdivision shall comply with the requirements found within the Environmental Impact Report for the project. Staff Summary: The applicant agrees with this condition. 15. The owner shall use the least polluting sanding material for sanding the private road within the subdivision per the approval of the Town of vail Environmental Health Department. Staff Summarv,: The applicant agrees with this condition. 16. The open space tracts. within the subdivision shall be rezoned to Greenbelt and Natural Open Space at the same time the final plat is reviewed. Additional greenbelt, open space areas will be added adjacent to the Forest service switchback, the Lot 5/6 switchback, and the secondary road per the staff amendments to the September 7, 1990 preliminary plan. Staff Summary: The applicant has submitted an application to rezone the open space tracts within the subdivision to Greenbelt and Natural Open Space zoning. Once the plat is recorded, the staff will schedule the rezoning application for the three greenbelt and natural open space tracts. No building permits for site work or individual residences will be released until the rezoning has been approved. This understanding will also be in the subdivision improvement agreement. The reason for approaching the rezoning in this manner is to insure that the legal descriptions absolutely match the tract legal descriptions on the final plat. Below is a summary of the square footage allocated to each of the greenbelt open space tracts. Tract A - 337,222 sq. ft. Tract B - 5,151 sq. ft. Tract C - 47,279 sq. ft. This solution is acceptable to staff. 17. The owner of the subdivision shall maintain the road through the subdivision from the entry gate up to the top of the subdivision. This maintenance also includes all tract areas, retaining walls, and landscaping. The owner also agrees to be responsible for establishing the landscaping along the public road extending from the North Frontage Road up to the subdivision entry 9 • gate for a period of two years once the landscape materials have been established. Once the landscaping is established and two years has transpired, and the Town of Vail Landscape Architect has approved the landscaping, the Town will take over the responsibility of the retaining walls and landscaping maintenance. Staff Summary: The applicant does not agree with this condition relating to landscaping, and would propose to transfer maintenance responsibilities to the Town 1 to 1 1/2 years after the landscaping is planted. Council asked that instead of "2 to 3" years after landscaping is established, a specific time period should be referenced in the condition. Staff used 2 years. Staff supports the original Council condition. 18, Pedestrian and public access shall be allowed on the lower portion of Gillett Road extending from the Frontage Road up to the subdivision gate. Staff Summary: The applicant has agreed to this condition of approval and will dedicate an easement along Spraddle Creek for public access as well as a public access easement from the North Frontage Road up Gillett Road to the Spraddle Creek entry gate. Staff would ask that the public access easement along the creek be expanded from 20 feet to 60 feet. Z9. Three caretaker units each having a maximum square footage of 1200 sq. ft. and a minimum square footage of 700 sq. ft. shall be provided within the subdivision. The three caretaker units must be provided within three of the first seven lots that are developed. The units will be permanently restricted per section 18.13.080 (10) (A-D) of the Town of Vail Zoning Code. At this time, the gatehouse caretaker unit is not approved. Staff Summary: The applicant agrees to provide the three caretaker units however, they would prefer to not have to guarantee that the three caretaker units will be provided within three of the first seven lots that are developed. Staff believes that it is important that the three units occur within three of the first seven lots that are developed and would make this part of the condition of approval. A minimum square footage of 700 sq. ft. is acceptable for the caretaker unit. 20. The architectural guidelines shall be amended as follows: a. Retaining walls shall be minimized as well as extremely steep slopes. 10 b. Sod shall be allowed around the perimeter of • residences but large lawn areas are not encouraged. c. Driveways shall have a maximum grade of 8~ unless approved by the Town of Dail Engineer. d. Irrigation by retaining walls for the subdivision shall be prohibited. e. No chain link fencing is allowed within the subdivision, even for dog runs. If dog runs are proposed, another type of open fencing should be used. Staff Response: The applicant intends to amend the architectural guidelines to reflect staff, PEC, and DRB recommendations. Slopes shall not exceed 2:1 on individual lots. In respect to D, the applicant has submitted information allowing irrigation by the retaining walls. The recommendations found in the condition of approval have been included in the architectural guidelines. Staff will require that the guidelines be reviewed one more time by the DRB and PEC before final Council approval. The guidelines must be given final approval by the PEC before the final plat is allowed to proceed to Council. 21. All construction within the subdivision shall comply with the Town of Vail hazard ordinances found in Section 18.69. Staff Summary,: The applicant has indicated on the plat the hazard areas within the subdivision. These hazard areas have not contributed to any site area for the purposes of calculating GRFA or site coverage. In addition, a letter dated January 18, 1991 has been submitted by Ed Church, hazard consultant, which states that site specific hazard studies for individual lots will not be necessary because of the building envelope requirements for each Iot. This solution is acceptable to staff. 22. No on-site livery shall be allowed within the subdivision. Staff Summary: The applicant has agreed to not allow any on site liveries within the Spraddle Creek subdivision. 11 23. Aspens, vines, and large shrubs shall be used on all retaining walls. Staff Summarv: The applicant has agreed to meet this condition. 24. All hazard areas shall be excluded from contributing site area to Lots 24, 5, and 4 for GRFA or site coverage. Staff Summary: The applicant has met this condition of approval. Please see the discussion on GRFA in the following section of the memo.. III. ELEMENTS OF THE PROJECT THAT ARE NOT ADDRESSED IN THE COUNCIL/PEC CONDITIONS OF APPROVAL A. Lot Size: All lots meet the buildable area requirements per the Hillside Residential Zone District. The buildable areas have been certified by Mr. Dan Corcoran of Eagle Valley Engineering and Surveying in his letter dated February 6, 1991. B. GRFA: Attached to the memo is a chart comparing lot size, building area, GRFA, and site coverage. The GRFA for each lot (except Lot 14) has been determined by using the standard Hillside Residential Zoning. All hazard areas and floodplain areas have been excluded from site area which is used to calculate GRFA and site coverage. The GRFA numbers on the chart are arrived at by using the following formula: 18.09.080 Density Control "Not more than a total of two dwelling units shall be permitted on each site. Not more than twenty square feet of gross residential floor area (GRFA) shall be permitted for each one hundred square feet for the first twenty-one thousand seven hundred eighty (21,780) • square feet of site area, plus not more than five square feet of gross residential floor area shall be permitted for each one hundred square feet of site area over twenty-one thousand seven hundred eighty (21,780) square feet. On any site containing two dwelling units, one of the units shall not exceed twelve hundred (1,200) square feet of gross residential floor area . (GRFA). This unit shall not be subdivided or sold 12 separately from the main dwelling. This unit may be integrated into the main dwelling or may be integrated within a garage structure serving the main unit, but shall not be a separate freestanding structure." Please note that the new GRFA definition and method of calculating GRFA found in Ordinance No. 37, Series of 1990 will be used for this subdivision. Per this new definition, the following areas shall be excluded from calculation as GRFA: 1. "Garage spaces of up to three hundred (300) square feet per garage space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through greater than twelve square feet feet or less of ceiling height, the surface of the earth to the structural floor members of the assembly above. an opening not in area, with five as measured from underside of floor/ceiling 4. Roofed or covered decks, porches, terraces, patios or similar feature/space with no more than three exterior walls and a minimum opening of not less than 25$ of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature/space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height." GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in paragraph A shall then be deducted from total square footage. As an example, Lot 1 has a GRFA listed of 7,333 sq. ft. Assuming that the owner of Lot 1 builds the primary unit plus the caretaker unit, the owner has the option of 13 • • building up to 1,200 sq. ft. of additional space for a four car garage. The garage space is not included in the total GRFA figure. The only lot that is not allocated GRFA based on the Hillside Residential Zone District is Lot 14. Because of the large size of this lot, staff believes that a reduction in the allowable GRFA per Hillside Residential Zoning was appropriate. Under standard Hillside Residential Zoning, the lot would be allowed to have 14,843 sq. ft. of GRFA. (Please remember a 1,200 sq. ft., four-car garage could be added if two units are built on the site.) At preliminary plan, the applicant agreed to a GRFA restriction of 14,330 sq. ft. This GRFA amount was based on the old formula for calculating GRFA. In addition to the 14,330 sq. ft., the owner would have been allowed to have 550 sq. ft. of credits excluding any type of garage credit. This would result in a total floor area of 14,880 sq. ft. Under the new ordinance, if the total lot size (286,022 sq. ft.), is reduced by 70,496 sq. ft. for hazard areas on the lot, the GRFA that is allowed is equivalent to 14, 843 sq. ft. per Hillside Residential Zoning. In order to balance the concerns of the staff about the size of the development on this lot, we have arrived at an agreed upon GRFA of . 14,330 sq. ft. Lots 4 and 5 use total site area minus hazard areas to arrive at their GRFA figure. Lot 1 GRFA does not exceed the GRFA originally allowed when the project incorporated the entire subdivision road on private land. The staff's intent is to ensure that additional GRFA was not allowed for Lot 1 now that the road extends onto Forest Service land. The total lot areas and GRFAs for the entire resubdivision are actually below those figures proposed when the road was entirely on Gillett property as indicated below. These restrictions on GRFA is acceptable to the applicant and to the staff. Please see Dannie Corcoran's letter dated February 6, 1991 for GRFA statistics. C. Road Grades The road grades have not changed substantially since preliminary plan. ,The road grade does not exceed 8.89% as approved. The average road grade is 7.8~. At preliminary plan both the Council and Planning and Environmental Commission mentioned their concern about the grade of the gravel livery road to the east of the subdivision. At this time, the grade for the road is 15.4 at its steepest point. • 14 The turnaround has also been relocated to a location . directly in front of the subdivision gate. It is no longer approximately 180 lineal feet east of the gate. Staff believes this is an improvement over the previous location. It does result in two additional retaining walls below the turnaround area. The height of these walls ranges from 1 to 8'-8". The length is 135 l.f. for the upper wall and 66 l.f. for the lower wall. No caretaker unit is proposed. A gatehouse will be constructed at the entry. Staff is still comfortable with the road grades. It is unfortunate that the road grade for the livery cannot be reduced substantially. Staff would recommend that grading be completed to reduce road grade to the best extent possible without significant disturbance to the surrounding vegetation. It would appear that livery operators would widen the road to their operation, so the overall road grade may be able to be improved slightly. Forest Service road grades have different standards from Town roads and assuming the Forest Service approves the road, staff can support the 15.40 grade. D. Landscape and Irrigation At preliminary plan, it was felt that it would be a problem to provide irrigation above the retaining walls along the road. The applicant has submitted a letter from Retention Engineers, John Tryba, dated January 30, 1991, stating that it is acceptable to allow irrigation above the walls. Specific plans for the subdivision entry by the gate and entrance by the North Frontage Road have been submitted. These plans will be reviewed by the Design Review Board and, at this time, have the general approval of the Town of Vail landscape architect. The applicant has submitted a project landscape plan which has incorporated the Planning Commission's suggestion of providing "grove-type" planting arrangements around the disturbed areas and open space tracts. The following changes shall be made to the landscape plan as a condition of final plat approval before Council review: * 2" caliper aspen shall be instead of 1 1/2" caliper. * The existinq~and proposed indicated on the landscape the minimum size allowed tree line shall be plan. 15 • • * The irrigation point of connection shall be changed to a water tap instead of the fire hydrant connection. * A letter from RBD engineers describing how grading and landscaping will occur if walls K, I, C1, C2, 01, M1, Y1 and Z1 are removed after a site inspection is made by the owners' consultant team, Town engineer, landscape architect, and community development director. * Additional aspens and shrubs may be required by the landscape architect for walls E-1, G-1 and N- 1. This issue shall be resolved after an on-site inspection is made by the Town of Vail landscape architect. Additional landscaping may include up to 30 aspens and 20 shrubs. * The landscape plan shall be revised to show the driveway and wall break adjacent to Lot 8. Additional planting may be required by the Town of Vail landscape architect in this area. E. Frontage Road Design The applicant has received Colorado Department of Highways' approval for the frontage road lane design. All retaining walls have been removed along the North Frontage Road and entry into the subdivision. Forest Service approval will be necessary, as grading may occur on their property at the frontage road entrance. F. Drainage A large sedimentation basin on Lot 4 has been removed from the proposal. This is acceptable to the Town of Vail Engineer. Numerous erosion control methods will be utilized during the construction period for the subdivision. An erosion control plan has been submitted and conceptually approved by the Town of Vail landscape architect and engineer. G. Livery Design and Trail Access Adjacent to the relocated livery, the applicant proposes to provide 17 parking spaces. Twelve spaces will be provided for users of the livery. Five spaces will be available to hikers. H. Construction Phasinq The applicant would like to submit a construction phasing plan at a later date to the Community Development and Public Works departments for approval. • The applicant is attempting to relocate the livery to 16 the new east livery site on Forest Service property before Memorial Day. In order to accomplish this, their phasing plan is being revised. Construction staging areas at this time are proposed to be located at the old livery site and at the top of the subdivision at the two cul de sacs. Possible spring debris flow mitigation on the lower portion of Gillett Road shall be addressed in the phasing plan. I. Forest Service Considerations The applicant will be required to receive approval from the United States Forest Service to locate the east switchback on Forest Service property. This will be a condition of final plat approval. The plat will not be recorded until final approval is received from the Forest Service for the switchback. The applicant will also be required to dedicate and realign easements per the Forest Service requirements for their approval. J. Driveway Locations for Individual Lots The applicant has submitted a plan showing the general location for access to each of the lots. Each owner will be required to submit a design for a house that minimizes retaining walls and disturbance to the site. It was felt that it was appropriate to indicate the general location for access, but that specific driveway cuts and grades would not be defined at final plat. The Town Engineer has reviewed the general driveway locations, and believes that they can provide safe access to the sites. One comment is that the portion of Lot 3 that extends in front of Lot 2 on the plat may need to be revised in order to provide better access to Lot 2. IV. CONCLOSION Staff recommends approval of the major subdivision final plat for Spraddle Creek Subdivision. All of the conditions of approval which were stipulated in the preliminary plan approval have been agreed to by the applicant, except. for the condition relating to the timing of the provision for the 3 caretaker units and maintenance condition. Staff approval is contingent upon these two conditions being met per our recommendations. It is felt that the project meets the review criteria for a major subdivision which is listed below in Section 17.16.110 of the Town•of Vail Subdivision Regulations: 17 • . "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 PEC deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies, and other agencies consulted under Section 17.16.090. The PEC shall review the application and consider its appropriateness in regard to town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity, and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics'of the town, environmental integrity, and compatibility with the surrounding land uses." Staff believes that the applicant has made a very strong effort to address all of the public boards' concerns as well as staff concerns. The result is a project which meets the above criteria, and will result in a new subdivision for the Town of Vail that is sensitive to the community's goals for development, aesthetics, natural environment, and surrounding land uses, given the steep topography of the site. We recommend final approval of the plat with the following conditions. Staff has listed the points, during the review process, at which conditions must be finalized. A. Before the Proiect is Reviewed by the Town Council for_ Dedication 1. The architectural, construction and landscape guidelines shall be reviewed by the Design Review Board and finalized by the Planning and Environmental Commission. The guidelines must be given final approval by the Planning and Environmental Commission before the final plat is allowed to proceed to Council. A color board shall also be submitted with the final architectural guidelines 2. The following changes shall be made by the applicant to the landscape plan as a condition of final plat approval before the project is reviewed by the Town Council: * 2 inch caliper aspen shall be the minimum size allowed instead of 1 1/2 inch aspen * The existing and proposed tree line shall be indicated on the landscape plan 18 * The irrigation point of connection shall be changed to a water tap instead of the fire hydrant connection. * A letter from RBD Engineers describing how grading and landscaping will occur if walls I, K, C1, C2, O1, Ml, Y1 and Z1 are removed. * Additional aspens and shrubs may be required by .the landscape architect for walls E-1, G-1 and N-1. This issue shall be resolved after an on site inspection is made by the Town of Vail landscape architect. Up to 30 aspens and 20 shrubs may be required by the landscape architect. * The irrigation guidelines shall be reviewed and approved by the Town of Vail landscape architect. * The landscape plan shall be revised to show the driveway and wall break adjacent to Lot 8. Additional planting may be required by the Town of Vail landscape architect in this area. * The Al wall shall be indicated on the landscape plan. 3. The Town Attorney shall review and approve the wording on the subdivision plat concerning 30~ slope, building envelopes and certificates. 4. A construction phasing plan shall be submitted to the Community Development and Public Works departments for final approval before the project proceeds tv Council. The debris flow mitigation during construction shall be addressed in the phasing plan. 5. The conditions for lots having slopes over 300 shall be indicated on the subdivision plat. This section of the code is 18.69.050 A-D, F-I, K and L. This wording shall also be included in the covenants for the subdivision. 6. The conditions of the building envelope shall be added to the plat, and also incorporated in the subdivision covenants. 7. The owner of the subdivision shall maintain the road through the subdivision from the entry gate up to the top of the subdivision. This maintenance also includes all tract areas, retaining walls, and landscaping. The owner also agrees to be responsible for establishing the landscaping along the public road extending from 19 the North Frontage Road up to the subdivision entry gate for two years once the landscape materials have been established. Once the landscaping is established and two years has transpired, and the Town of Vail Landscape Architect has approved the landscaping, the Town will take over the responsibility of the retaining walls and landscaping maintenance. 8. The applicant shall submit worksheets showing grading and proposed landscaping to mitigate grading for portions of the I walls, K walls, C walls, O1, Ml, Y1, Z1, and walls below the gatehouse to the Town engineer, landscape architect, and Community Development Director. These walls shall also be listed on the final street construction plans as having potential for removal. 9. The Town engineer's comments to Kristan Pritz, dated January 24, 1991, shall be met or resolved. 10. Based on the second set of plans dated January 31, 1991, the following issues in the memo dated February 11, 1991 shall be met or resolved. 11. Town engineer's approval is required for the final street construction plans, construction specifications and final Drainage Report. B. Council Review 1. Easements will be dedicated to the Town at this time. C. Before the Final Plat is Recorded, the Following Conditions Shall Be Met 1. The applicant shall submit to the Community Development Department for approval the final agreement relocating the existing livery to the Forest Service land east of Spraddle Creek Subdivision. This agreement shall also include revegetation of the existing livery site. 2. Before the final plat is recorded, the appropriate easements allowing for public access shall be recorded per the Forest Service requirements. Forest Service approval for the switchback on their property to the east of Spraddle Creek Subdivision shall also be received before final plat recording. 20 3. The subdivision improvement agreement and covenants shall be submitted to the Community Development Department and approved before the final plat is recorded. 4. The applicant shall agree to provide the three caretaker units within three of the first seven lots that are developed within the subdivision. This agreement shall be incorporated into the covenants and/or subdivision improvement agreement. 5. The applicant shall incorporate into the covenants the condition that no on-site livery shall be allowed within the subdivision D. After final plat recording and before anv building permits are released for site imurovements or individual residences: 1. The rezoning of all open space tracts within the subdivision shall be approved by the Vail Town Council. The requested zone designations shall be greenbelt open space. This condition shall also be listed in the subdivision agreement before the final plat is recorded. 2. All final plat conditions of approval shall be met by the applicant. E. During construction of the nro~ect: I. The Community Development Director, Town Engineer and Town landscape architect shall periodically do on-site inspections of the construction. On any walls that are greater than 400 feet in length, planting notches shall be required unless it is determined that it is impossible to locate the notches in a sensitive manner in the walls. C:\pec\spraddle\fina1.211 21 • • =- =_ February 6, 1991 Mr. Joe Macy Vail Associates, Inc. Box 7 Vail, CO 81658 Re: Spraddle Creek Subdivision lot areas and GRFA Dear Joe, Per your request I have prepared the following two tables for the above project. Table #1 is a summary of the square footages in lot areas, hazard areas, GRFA, site coverage, building envelope areas and contiguous buildable square footage for the lot configuration shown on the final plat. TABLE #1 Site Building Contiguous Lot Area Hazard GRFA Coverage Envelope Buildable 1 2 87499 48146 7333 6524 6483 5674 15295 12509 24848 39600 3 88619 8548 7698 14824 G3648 4 85250 27264 7016 6166 15202 45184 5 61082 6880 6827 5977 18178 29760 6 82050 8220 7370 22398 26480 7 43833 6309 5459 12935 29552 8 31873 5711 4861 12570 25776 9 63044 7269 6419 12137 39216 10 32296 5732 4882 12263 32080 11 71419 7688 6838 11247 34880 12 96213 8928 8078 13150 48448 14 286022 70496 14330. 10000 22948 47920 15 25596 5397 4547 7279 23120 A 337222 B 5151 C 47279 D 152918 E 6231 F 68762 G 2394 • 41199 Highway 6 & 24, Eagle-Vail Post Office Box 1230 Edwards, CO 81632 303-949-1406 February 6 , 1991. • Spraddle Creek Page 2 Table #2 is a comparison of the residential lot areas and GRFA square footages for the Spraddle Creek Subdivision without the roadway extended to the east onto Forest Property and with the roadway extended onto Forest Service property. I have used the following assumptions in this comparison: 1) Lot areas of last configuration of plat without roadway extended to the east on Forest Service property. (May 25, 199.0} 2} Lot areas per final plat with roadway extended to the east on Forest Service property. (February 6, 1991) 3j I have calculated the GRFA square footages for both lists using the current Town of Vail GRFA calculations for the Hillside Residential zone district. (Including the 425 square foot credit for each of the allowable units on each lot - 850 square feet total) 4) The portions of Lots 4,5, and 14 designated as hazard areas have been subtracted from the total lot area prior to the GRFA calculations. 5) The GRFA shown for Lot 14 in both lists is the 14330 square feet agreed to per preliminary plat submittal. (Calculations per current regulations would allow an additional 563 square feet} 6) The GRFA shown for Lot 1 in both lists is the 7333 square feet calculated per the lot size prior to the revision to the roadway. (Calculations per current lot size and regulations would allow an additional 1159 square feet) TABLE #2 May 25, 1990 February 6, 1991 Road not -------- on USFS --- Road on USFS Lot Lot Area ------ GRFA ----------- Lot Area ------ GRFA 1 64310 7333 87499 7333 2 59610 7098 48146 6524 3 85038 8369 88619 8548 4 94804 7494 85250 7016 5 66082 7077 61082 6827 6 51019 6668 82050 8220 7 48961 6565 43833 6309 8 58141 7024 31873 5711 9 75170 7876 63044 7269 10 29150 5575 32296 5732 11 71402 7687 71419 7688 12 96213 8928 96213 8928 14 285337 14330 286022 14330 15 24510 5343 25596 5397 1109747 107367 1102942 105832 • February 6, 1991 Spraddle Creek Page 3, From the numbers in Table #2 above you can see there was not anv increase in the total lot area or GRFA with the road shifted east onto Forest Service property. The total lot area was reduced b806 square feet and the GRFA was reduced by 1535 square feet. The purpose of shifting the road to the east was to improve overall road grades and actually results in higher overall construction costs for the project without any monetary gain Pram additional density or developable GRFA. Please call if you have questions on any of the figures. Sincerely, ttit~«ziirt~~~~~~ ~ ag y~`~~~~~~sie~'••. "~'~ying, Inc. ~~~ ~;~~ A Dan~.~d~ran o~.m.~ . r~~<<rrtcicetc--~~ • I~nutes from e~b, ~~, ~~`~~ pie Knight asked Irene what impact, if any, there the ish were placed on the ground. Irene responded dish a enclosed, it would be acceptable. She sta conclusi that the Talisman Condo Association found proposal un tisfactory. would b f • that the ed n e roof Diana Donovan as the applicant if, since a general consensus of the Commissions med opposed to a roo lacement, he would like to withdraw his p osal, or tabl t for further research. Kristan Pritz clarified t the Co ssion could ask that the proposal be withdrawn, tabl it, take a vote on it as it stood. Applicant asked what w d be the procedure for approval if the application were tab elly Mello informed him that if no variances were bei requeste DRB approval would be all he would need for a gr nd placement. f the DRB denied his request, he could b g the application b k to the Commission for further revi Jim Hariot then formal requested that his application be abled for further review of al rnative placements r the dish. Jim S rer moved that the proposal be tabled, and Con 'e Knight sec ded the motion. The vote was 5-0 in favor of tablin the nlication. 3. A recruest to a~nrove the final plat for a maior subdivision on a barcel commonly referred to as Stiraddle Creek, an approximate 40 acre parcel located north and east of the, Main Vail/I-70 interchange and east of the Spraddle Creek, Livery . At~plicant: George N. Gillett, Jr. The C~.~u,~ission took this request out of order from the formal agenda in order to accommodate the individuals wishing to speak on this proposal. Kristan Pritz explained the application as follows: 1. The conditions given in the previous approval by staff, PEC and Town Council were reviewed. There were variances given for road grades and retaining wall height. Along with this, there were 24 conditions of approval for the final plat approval. The Planning Commission also requested at preliminary plat approval that the applicant work on reducing the road grade and refining the architectural guidelines. Below are the comments associated with each condition of approval. Regarding the reduction of proposed road grades and retaining wall height, the original conditions for final approval requested that the applicant further reduce the road grades and retaining wall height. Applicant has changed the design of the retaining walls to a "keystone" wall, similar to those used in Potato Patch. The color of these walls will be tan, which has been conceptually agreed 3 • to by the DRB. To reduce the amount of fill required and wall height, the fill walls will be reduced from 10 feet of planting area to 6 feet. The retaining walls will not exceed the 8'-8" originally approved, and there will be no more than three terraces of these walls. There would still be sufficient planting area to accommodate landscaping requirements. The rationale behind the changes was explained by stating that there have been alterations to the road design at the livery road switchback. Some other walls have been lengthened, resulting in some change from two tiers to one. The Town Engineer reviewed the "keystone" wall proposal and had several comments. The first was that although the analysis of soil nailing and tie rod system was not complete, the use of a "keystone" wall is appropriate in this case. A tie rod system would create more wall area, where the "keystone" wall is more flexible and can be adjusted more easily to circumstances. Furthermore, the terracing is more appropriate than single, tall walls. Staff requested that applicant break up the longest walls, those of more than 400 l.f., with planting notches, as well as attempt to remove some of the walls by performing extensive grading on the land behind the wall. There would be more initial disturbance, but would result in long term benefits. Staff believes, that some of the walls may be reduced. There was a net increase in wall length of 1,138 l.f. from preliminary plan approval. Staff wanted to see the following walls reduced or eliminated: some of the K and I walls, C1 and C2 at the existing livery site, the O wall below Lots 15 and 10, M1 and M2, and Yl and Z1 could be removed for better access to driveways for Lots 1 and 2. In addition, the wall around the gatehouse may be able to be reduced. Kathy Langenwalter asked what would be the maximum grading for the slopes, and Kristan responded by saying that it could be a maximum of 2:1 or 1.5:1 if vegetation and topography impacts could be minimized by using 1.5:1 slopes around the walls. 2. Applicant will submit construction guidelines. Staff is looking for direction from the Commission on whether the members would like to see those plans one more time, or would a final DRB approval be sufficient? 3. The grading easement requested for future extension of the • North Frontage Road has been provided. 4 4. The agreement for moving the livery from its present location has been completed. The applicant will relocate the livery to Forest Service Land and revegetate the existing site. 5. Conditions for lots having slopes over 30°s will be applied to this subdivision. Applicant has agreed to this and will indicate the stipulation on the final plat and in the covenants. 6. Limitation of site coverage has been agreed to by applicant and staff. There was concern that the zoning for Hillside Residential would allow for too much site coverage. The Hillside Residential zoning would have allowed for the entire GRFA to be on one floor, including, perhaps, a 3 or 4 car garage. There is a need for flexibility because of sensitive lots, and this has been taken into consideration when determining the site coverage for each lot. The builders have approved the use of building envelopes. In addition, the new site coverage ordinance has become more restrictive since the preliminary approval was given. Staff and applicant have agreed to limit site coverage to GRFA minus 850 sq. ft., except for Lots 8, 10, and 15 which will use site coverage per the Hillside Residential zone district. Lot 14 will be limited to 10,000 sq. ft. 7. Since the preliminary approval, the fireplace ordinance has changed. There appears to be one complete DRB application submitted, so one house will be receiving a wood burning fireplace. The caretaker unit for this lot, Lot 14, will be restricted to a gas appliance. With the exception of Lot 14, the subdivision will be required to comply with the revised Ordinance 42, indicating that there will only be gas .logs or gas appliances. 8. The chain link fence around the culvert at the subdivision entry will be replaced with a wooden fence and landscaping. Staff believes this is an acceptable solution. 9. The six large spruce trees at the subdivision entry will be moved and maintained for at least 2 years. If, for any reason, any of these trees dies, applicant agrees to replace them with similar type and sized trees. 10. The Fire Department standards and concerns have been addressed by the applicant to the Town's satisfaction. 11. Applicant has agreed to the provision of recording the appropriate easements per Forest Service requirements. 5 • 12. A six foot paved shoulder on either side of the Frontage Road to be used as a public bike path shall be provided by the developer. The exact length of the path will be determined by the plan approved by the Colorado Division of Highways. 13. The construction for each lot will occur within the platted building envelopes. The staff has recommended some cut backs in these envelopes, and the applicant made the requested changes to the boundaries of the envelopes. Lot 14's building envelope is site specific to the house design. The Lot 14 envelope was also adjusted to ensure that the house did not move down the hillside, Driveways, sidewalks, garages that meet Section 18.69.050 A-D, F-J, K&L, retaining walls, surface parking and grading may be outside the building envelopes, as long as DRB approval is received and impacts on topography and vegetation are minimal. Connie Knight questioned if, because garages could be built outside the envelopes, that would also mean that caretaker units constructed above garages would also be able to be outside the envelope. Caretaker units would not be allowed to be built on top of garages outside of the envelope. Caretaker units may be built above garages within the envelope. Connie further inquired if the Design Review Board had examined the plans for Lot 14. Kristan Pritz • indicated that they had conceptually reviewed that plan at this time. 14. Applicant agrees that all construction will comply with the Environmental Impact Report requirements. 15. The least polluting sanding material will be used to sand the private road. The Town Environmental Health Department will determine the definition of "least polluting sanding material." The applicant agrees to this condition. 16. The open space tracts within the subdivision will be rezoned to Greenbelt and Natural open Space after the final plat is approved. The final plat will include the exact legal description of each of the three tracts. After recording the final plat, applicant will present the plat to the Commission for rezoning. There will be no building permits issued until the rezoning is accomplished. 17. The road through the subdivision from the entry gate to the top of the subdivision will be maintained by the owner. Two years after the landscaping is established, the maintenance of the landscaping along the public road from the Frontage Road to the gate will be turned over to the Town for maintenance. The two year provision was a request by the Town Council. The applicant requests that this be changed 6 to 1 to 1 1/2 years after the landscaping is established.' Staff supports the Council recommendation. 18. Pedestrian and public access easements will be dedicated along Spraddle Creek and along road from North Frontage Road up Gillett Road to the entry gate. Preliminary plat indicated that the easement along the creek would be 20 ft. Staff requests that this be increased to 60 ft. 19. There will be three caretaker units having a minimum square footage of 700 sq. ft. and a maximum of 1,200 sq. ft. provided in the subdivision. The three caretaker units are to be provided within the first seven lots developed,. and will be permanently restricted to employee housing units. Staff feels that the timing of the building of these three units is critical, and should be provided during the development of the first seven lots. Applicant requests the flexibility to simply require that there be three units out of the 14 developed. 20. There were amendments requested to the architectural guidelines. These were as follows: a. Retaining walls shall be minimized as well as extremely steep slopes. b. Sod shall be allowed around the perimeter of the residences, but large lawn areas are not encouraged. • c. Driveways shall have a maximum grade of 8$ unless approved by the Town Engineer. d. Irrigation by retaining walls for the subdivision shall be prohibited. e. No chain link fencing is allowed within the subdivision, even for dog runs. Dog runs should have another type of open fencing. Staff and applicant request that these guidelines be amended to reflect PEC and DRB recommendations. These amendments include the stipulation that slopes shall not exceed 2:1 on individual lots. In addition, applicant requests that drip irrigation be allowed by the retaining walls. Staff finds these alterations acceptable. 21. All construction within the subdivision will comply with Town of Vail hazard ordinances. Applicant has indicated on the plat the hazard areas within the subdivision. The hazard areas on specific lots have been subtracted from GRFA calculations. Ed Church, a hazard consultant, has concluded that individual lot hazard studies will not be necessary due to the implementation of building envelopes. Staff supports this finding. 7 • 22. No on-site livery will be allowed within the subdivision. Applicant agrees with this provision. 23. Aspens, vines and large shrubs shall be used on all retaining walls. Applicant agrees to meet this condition. 24. All hazard areas will be excluded from contributing to site area on Lots 4, 5 and 14 for GRFA or site coverage. The applicant has met this condition. III. Elements of the project which are not addressed in the Council/PEC conditions of approval: A. All lots meet minimum lot size requirements. B. The GRFA for each lot (excluding Lot 14j has been determined by using standard Hillside Residential Zoning, excluding those areas designated as hazard and floodplain areas. Lot 14's GRFA is the same as agreed to at preliminary plan, 14,330 sq. ft, A request by staff is that Lot 1 not receive additional GRFA with the change of location of the subdivision road. The staff's intent is to ensure that additional GRFA was not allowed far Lot 1 now that the road • extends onto Forest Service land. The applicant has complied with this condition. C. Road grades have not changed substantially from preliminary plan. The approved maximum was 8.89%, and no portion of the road exceeds this grade. The overall average grade is 7.8%. The livery road grade has been reduced from 16.9% to 15.4% at its steepest point. The staff will agree to this grade as long as Forest Service approval is obtained, but requests that, if possible, the grade be reduced further. The livery road turnaround has been relocated to the area in front of the subdivision gate. Staff believes this is a significant improvement over the previous location. The relocation does result in an additional two retaining walls. D. Landscape and irrigation. Applicant has incorporated the Commission's recommendation of planting in "grove- type" arrangements around the disturbed areas and open space tracts. There will be significant planting in front of the fill walls to offset visual impacts. Since preliminary plan, applicant has provided an acceptable plan for drip irrigation along the retaining walls. Applicant has submitted a landscaping plan • which will require changes before Council review. 8 These changes are using a minimum size of 2" caliper . aspen, indicating the existing and proposed tree line on the landscape plan, install a water tap instead of a hydrant, and the plan needs to be revised to show the driveway and wall break adjacent to Lot 8. The Town of Vail landscape architect may require additional planting in this area as well. Grading and landscape plans for K, I, C1, C2, O1, M1, Y1 and Z1 are also necessary. E. Frontage Road design is acceptable at this time, with the retaining walls along the road removed. However, additional grading may be necessary on the Forest Service land. F. Drainage. The sedimentation basin on Lot 4 has been removed. G. Livery Design and Trail Access. There are 17 proposed parking spaces, 12 of which are dedicated for users of the livery, and 5 which will be available to hikers. H. Construction Phasing. Applicant would like to submit this at a later date to the Community Development and Public Works departments for approval. Applicant is trying to move the livery to the new location by Memorial Day, necessitating a change in their phasing • plan. At this time, staging areas are proposed to be located at the old livery site and in the two cul de sacs of the proposed subdivision. I. Forest Service Considerations. At this point, applicant has not received final approval to locate the east switchback on Forest Service property from the Forest Service. This approval will be required before final plat. J. Driveway locations for individual lots have been generally indicated on a plan submitted by applicant. Applicant wishes to allow the architects to design the specific locations within the general parameters indicated. The Town Engineer has reviewed these general locations, and believes they can provide safe access to the sites. He did comment, however, that perhaps Lots 2 and 3 need to have their access revised. IV. Conclusion Staff recommends approval of the Spraddle Creek major subdivision final plat, though there are reservations regarding two provisions. The first provision where staff and applicant disagree concerns the timing of the construction of the caretaker units. The second area of 9 disagreement concerns the length of time maintenance will be provided on landscaped areas and retaining walls to be turned over to the Town. At this juncture, applicant presented their concerns and issues. Kent Rose, the engineer of this project, indicated that he did not realize until just before the meeting that the retaining walls had increased by 1,138 l.f. He explained that the increases were due to more protection of Spraddle Creek, the realignment of the Forest Service switchback, the turnaround alteration, and other plan refinements. Mr. Rose postulated that 45 l.f. (Z wall) of the retaining wall along Rose Lane may be eliminated by additional grading. Mr. Rose also commented on the planting notches, especially along the K wall. He explained that if there were no grading alterations above these planting notches, the actual height of the wall behind the notches would be approximately ten feet, rather than 8'-8". The reason for this increase is that if they pushed back four feet for the notch, the wall would be increased as a function of that notch. Kent expressed concern regarding the requirement for grading and landscaping. He would prefer wording of "do whatever possible to reduce height and length of walls," but further indicated that this was a minor difference. Mr. Rose requested that the developers be given leeway to alter the grading and walls based upon what conditions were actually found on site. The applicant related that they were working with the requirements placed by staff concerning breaking up the walls, but could not, at this time, give categorical approval to all the conditions. Again, he reiterated that they would like flexibility for site determinations. Applicant is working with the 2:1 slope requirements, but said that there are two areas which exceed that slope at this time. However, they will make every effort to reduce the walls through grading. There was a discussion concerning the length of the bike path which applicant would be required to construct. The original 525 feet is no longer applicable with the new length of the road. Mr. Rase believed that 350 feet is more accurate. Kristan Pritz expressed her agreement that as Long as the path was constructed as per the plan for the Frontage Road, it would be acceptable. Kent further explained that applicant is in examining a change of lot line between Lots access. Kathy Langenwalter queried if this needed since there was no longer designated • each lot. Jay Peterson stated that the spec 10 the process of 2 and 3 for improved change would be specific access for ~ific access designation was eliminated to allow for more flexibility, but • that every lot does have an area for access. Kent stated that there had been changes in the access on several lots. Lot 12's access area had been moved, Lat 9 was changed to better accommodate the building envelope, Lot 8 may be moved to eliminate a hole in the retaining wall, and there has been a change in the lot line on Lot 3. Kathy asked if Greg Hall, Town Engineer, had approved the new plans. Greg related that the only issue remaining in his mind was Lots 2 and 3. Kent illustrated further the reduction in retaining walls which had occurred due to some replanning. The gatehouse will be situated in a cut area, but no retaining walls were expected to be needed in this location. Instead, the foundation of the gatehouse would be extended down to grade. Jay Peterson indicated that he was concerned with the staff request of a 60' easement along the creek. He believed that the original easement of 20' would be more than adequate for access. He expressed reluctance to increase that easement to 60' due to the way it would look to a purchaser on the plans, and because he felt that there would be full access without a 60' easement. Jay further stated that there was no argument on the part of the applicant regarding the requirement of 3 caretaker units in the subdivision. They would be designating lots for these units, but would like the Commission to allow flexibility to change the . designation if a purchaser did not want that unit on his property. He explained that, while they may designate three lots out of the first seven sold be caretaker lots, there was no control over when construction on those lots might take place. If there were a restriction placed on the development of the subdivision that the three units must be built as a part of the first seven lots developed,. it could potentially mean that they would have to tell every purchaser that they may be rectuired to build a caretaker unit, based on their development timing. Jay said they could not guarantee when the three units would be built, simply that they would be before completion of the subdivision. Kathy Langenwalter asked Mr. Peterson if they were presently designating Lots 2, 4 and 6. Jay said yes, but they would like the flexibility to move those designations to better suit the purchasers. However, the first lot being built upon, George Gillett's, is also going to have a caretaker unit on it. Jay clarified that the Dauphanais development was different from Spraddle Creek in the fact that Mr. Dauphanais was actually building the units. Spraddle Creek was not set up to be handled in that manner. Kristan Pritz voiced her concern that if there were no firm designation when the caretaker units must be built, they would 11 most likely be on the last lots developed. Jay answered that they would actively market these caretaker units as a positive amenity, and he believed that most of the purchasers would probably want them. However, he did not want to be in the position to mandate which owners would be required to construct a caretaker unit. Mr. Peterson also requested clarification of what the minimum size of the caretaker units would be. He wanted a minimum of 500 sq. ft. instead of 700, as he felt a 700 sq. ft. minimum might discourage additional units. Kristan indicated that either requirement was acceptable, but there needed to be a determination from the Commission what they wanted as a minimum. Connie Knight questioned Mr. Peterson if these would be like Beaver Creek. Jay responded that the units could be built up to a maximum of 1,200 sq. ft., but that a 500 sq. ft. unit was easily placed above a garage. He further clarified that these units will not be "just a bedroom with a hot plate," but a liveable unit. Jay Peterson then proceeded to request that a 1 1/2 year landscaping and retaining wall maintenance period be established, rather than the 2 year requirement placed by the Town Council. Joe Macy indicated a preference of the standard landscaping establishment period of one year. He explained that a standard contract with a landscaping contractor includes a one year establishment period. If there were losses during that first year, the contractor would be required to replace the plants and give an additional year warranty on the plants being replaced. Joe expressed his belief that the Town of Vail landscaping contracts include the one year warranty period, and he requested the same conditions for the Spraddle Creek development. Kristan Pritz asked if the Town of Vail landscape architect would approve of the one year requirement. Todd Oppenheimer affirmed that the one year warranty is standard, but the Town could extend that period with contractors in special circumstances. Kristan requested the Commission decide what standard they would like to see. Kathy Langenwalter queried Todd if the plants proposed to be placed would be likely to die within the one year period if they were not going to establish. Todd indicated that most plants actually die in the transportation process, i.e., the root ball of a tree could become cracked. Sometimes it does take more than a year for a tree to become established, or die, and they are more susceptible to disease in that period, but most plants die within a year of transplant. Todd also stated that the worst planting time in Vail is August. Even if there were an 18 month warranty, it would be February when it expired and there was no way to determine if the plants had survived the winter. Alternatively, you could tell in April, May or June if the plant had survived and was thriving. • 12 Kathy Langenwalter proposed a requirement of 2 growing seasons . for the warranty period. Richard Matthews stipulated that he had never seen more than a one year guarantee. Even if the planting were done in August, you would be able to tell the next August if the plants had been established. Kathy was concerned that this was a different situation than most, with the retaining walls being a reflective surface. Joe Macy stated that with the drip irrigation system, the plants would be automatically watered every day and thus the effect of the retaining walls would be negated. Kathy asked if this system was going to be pulled out when the area was turned, over to the Town. Joe answered that it would be, unless the Town wanted it to remain. Jay Peterson interjected that the planting materials being used were chosen so no irrigation would be needed after the original establishment period. Joe Macy stated that the Hillside area was good for growing without water. The quality of the landscaping would be carefully supervised. Diana Donovan asked what happens when the irrigation system was turned off. Richard Matthews answered that the Town could hook up to the tubing if it desired. He also stated that he felt comfortable with planting any time except December through April. Jim Shearer suggested that a year plus whatever number of months necessary to bring the inspection to August might be appropriate. Jay Peterson stated that he believed you would be able to • determine if the tree had been established by the following spring. Todd Oppenheimer indicated that the warranty could be written that the plant be not only alive at the end of the warranty period, but that it must meet the same specifications as when it was planted. This would require that the entire plant be thriving, not just one branch with leaves on it. If it would not have met the specifications at planting, then it would be determined to be unacceptable at the conclusion of the warranty period. Todd further stated that with the irrigation system and inspections at the time of planting, a one year warranty period should be adequate. Diana Donovan asked Todd if a plant was replaced, was a new warranty issued for that plant? Todd answered that yes, the warranty is one year from planting. Diana requested that language be placed in the contract and Kristan said it would. Joe Macy indicated that the specific language would be worked on. Kristan asked the Commission what standard they wanted. Diana Donovan indicated she would defer to Todd's opinion, but that she had concerns the plant material would die without irrigation. Jay Peterson related that the developers were also concerned about the appearance of the drive. This is the road coming into the subdivision, and if the plants die, they want it replaced, too, in order to protect the image they want to project. Kristan 13 • again asked for specific direction from the Commission. Jim Shearer requested clarification from Todd if he wanted one year plus an additional summer. Todd believed he would be able to evaluate the landscaping without a second summer. Applicant stated they wanted the industry standard of one year to be the warranty period. Todd clarified that the date of planting is not when a specific plant goes into the ground, but the date of final acceptance of the entire project by the Town. In practice, there are additional months on the warranty because the planting takes place over a period of time. Usually the trees are planted first, then shrubs and vines. He was comfortable with one year, but requested that the irrigation be maintained for a period of three years. Diana Donovan asked if the Commission could stipulate a one year warranty on the plant materials, but have the developers maintain the irrigation for three years. Jay Peterson said that they would find a two year irrigation period satisfactory, and then the Town could take over the system if it desired. The developers would ensure that there was a simple method of turning over just that portion of the irrigation to the Town, perhaps by the use of two valves. Diana stated she felt comfortable with a one year guarantee on the plant materials, a two year watering period by Vail Associates, with the water for just the lower portion turned over to the Town at that point. This appeared to be the consensus of the Commission. Joe Macy then turned the Commission's attention to the question of architectural guidelines. He stated he did not feel they would need to come back to the Commission an additional time for approval. Instead, applicant would work with staff on any changes. If there developed a conflict, then the issue could be presented to the Commission for their review. Kristan Pritz relayed that if the Commission felt comfortable with that requirement, it would be acceptable. However, she did want Commission comments on this issue to ensure that there were no discrepancies in opinion. DRB approval would also still be needed on any changes. Joe Macy stated that they would re-write the architectural guidelines to conform with the staff recommendations. Connie Knight expressed concern that the landscape plan was simply a list of building materials, and not a true plan. Joe explained that a complete landscape plan had been submitted and approved. Kristan indicated that this was correct and she felt comfortable with no further Commission review if they found the landscape conditions acceptable as outlined in the staff memo, pages 15 and 16. However, if further review was requested, there would be no need.to go through the public notice process as the changes were very minor. • 14 Connie Knight stated that she wanted to see the architectural . guidelines again, with a more specific landscape plan. Jim Shearer said he was comfortable with them not coming back again. Kathy Langenwalter mentioned that she had some comments, but was okay with no further review by the Commission. At this point, Ludwig Kurz indicated he had to disqualify himself from the discussion of Spraddle Creek. When this process began, he was independently employed, but now works solely with Vail Associates. Diana Donovan felt that no further review of the landscape and architectural guidelines would be necessary. Joe Macy stated that most of the guidelines were for the buyers of the lots, and that DRB approval would still be necessary before construction. Since the consensus of the Commission was to proceed with approval today, Kathy Langenwalter related her questions and comments regarding the project. Her first comment was that there needed to be more specific delineation between review by the -- Spraddle Creek Design Review Board and Town of Vail Design Review Board, and when each board would need to be consulted during construction. She also wanted the definition of building envelope expanded upon, especially what could not go outside that envelope. There was a prior written approval by Design Review Board clause in the envelope language, but it was not clear which DRB would apply. Joe Macy clarified that it was the Town of Vail DRB which would need to give approval. Kathy also questioned who would check the drainage requirements on the property. Joe indicated that language would be made clearer to reflect that the lot owner will have to meet the drainage requirements. Kristan expanded on the fact that there would be two levels of review, first by the Spraddle Creek DRB, and then by the Town of Vail DRB. Joe stipulated that buildings would be designed to meet both requirements. Kathy mentioned that she would like to see the grading and slopes change to a maximum of 2:1 grading within the building envelope and outside improvements. Joe Macy indicated that there would have to be grading for the sidewalks, which could be outside the envelope. Kathy suggested that perhaps the language be changed to "other allowed improvements" rather than outside the building envelope. Kathy requested that there be changes in wording from "should" to shall, and illustrated that point on page 4. Another change in wording was in the retaining wall materials verbiage, where she would request a change from stone to stone-faced concrete and add boulder retaining walls. She also requested a clarification on what exactly fencing for privacy walls means. Jay Peterson said he would change that wording to fencing or privacy walls. 15 . . Kathy expressed her concern that, on page 5, the language reflect the Town of Vail sign ordinance on the structures. Kristan Pritz clarified that residential nameplates are allowed. On the issue of landscape lighting, Kathy asked that the language stating that extensive landscape lighting was strongly discouraged be changed to prohibited. In the alternative, she requested that the sentence be stricken. Further on the topic of landscaping, Kathy asked that the swimming pools be submitted to Town of Vail DRB approval. She also wanted clarification of the provision of pre--application conference with the Spraddle Creek Design Review Board and the lot owner. An addition Kathy suggested was a change on page 2 from plaster or stucco to read "or other synthetic stucco." Another issue she wanted clarified was the fact that "window casings shall be wood, but clad is acceptable." She felt this statement was contradictory. Regarding flashings, she would like an addition to the current language reflecting they must be copper or painted to "match adjacent materials." Kathy asked for a definition of what individual lot or site walls are. Joe Macy said they were, for example, gardens or walkways outside the envelope. When Kathy requested further clarification, Kristan Pritz stated that retaining walls could be outside the envelope, but they were discouraged in order to • minimize site disturbance. Kathy wanted to know why, in the landscape plan, only blue spruce were specified. Joe Macy replied that there was no reason, except other trees, such as pinon, do not grow well. However, lodgepole and fir would also be acceptable. Kathy expressed her opinion that she would like to see variety in the subdivision. Diana Donovan turned the topic of conversation to the easements along the creek. A compromise of 40' was suggested by Kathy. Joe Macy responded by stating he felt that even 20' was ridiculous to begin with, due to the fact that no one really walks up there. Connie Knight expressed her opinion that 20' would be acceptable, as long as there were no barricades preventing pedestrian access beyond the 20' easement. Diana asked why staff was requesting a 60' easement. Kristan Pritz said that due to the terrain, sometimes a pedestrian would need to go around fallen logs or other obstructions.' Staff was only recruestina this change, it was not a major requirement. Joe Macy stated that 20' works, and that there would be no policing of the easement. i 16 Kristan queried if a 30! compromise would be acceptable. Joe related that from a marketing standpoint, 20' was optimum. Diana stated she didn't feel it made much of a difference, but asked if the area would be marked. Jay Peterson responded that there would be no barricade to mark the easement. Dannie Corcoran made the point that for the most part, 20' is adequate. In the areas where it was not, a pedestrian would have to either walk in the river or through the subdivision anyway. At this point, the Commission indicated that a 20' easement would be adequate. Diana Donovan requested information on how the retaining walls fit into the landscaping guarantee. Kristan Pritz stated they were on the same agreement as the landscaping plantings. Joe Macy explained that they would be turned over to the Town for maintenance one year after acceptance. Town Engineer Greg Hall accepted this provision. Kathy Langenwalter directed a question to Kent Rose regarding how drainage paths would be revegetated and how disturbed they would be. Kristan Pritz indicated that the landscaping map showed what effect there would be. Kathy clarified that she wanted to ensure that the "scars" would be the same color as the surrounding area.. Todd Oppenheimer stated this would be a difficult project, due to the terrain of the subdivision. Joe Macy granted that it would be possible to re-plant the sagebrush to the disturbed areas, but that he was not sure how well it would work. Todd Oppenheimer asked if the applicant was considering using a seed mix or container sagebrush to revegetate. Joe responded that, at this point, seed mix was the alternative being explored. Connie Knight asked how long it would take for the seed mix to grow. Todd answered that it could take up to three years, at which paint Connie expressed her opinion that the area should be re- vegetated. Kathy agreed, but also stipulated that she did not want to see "stripes." Diana requested that the applicant give a better guarantee on the sagebrush than one year, and that they would keep trying until "they get it right." She felt this would help minimize citizen concern over the project. Staff explained that research indicated the Town of Aspen had put a mixture of the dead sage they had removed and a seed mix back over a construction site to better conceal the area while the seed mix was growing. Diana asked if applicant would find acceptable an agreement that if the sagebrush was not re- established in a period of three years, another alternative would be explored and implemented at that time. Joe Macy said that would be fine. Todd Oppenheimer added that he felt the dead sagebrush and seed mix approach was worth a try. 17 , . Diana stated that the Commission consensus was that a mixture of dead sage and seed mix would be attempted on the disturbed areas for a period of two to three years (depending on the plant material), then the Town landscape architect would re-examine the success and alternative options. In addition, Diana asked if trees would be placed in the cut. Joe stated that there could be no trees on the utility easement, but they would scallop the tree line. Turning the attention of the Commission discussion, Diana polled the members on adequate minimum size for the caretaker Kathy and Diana each indicated that 500 minimum, with Diana clarifying the rang ft., and that this space would come out to another topic for what they felt was an units. Connie, Jim, sq. ft. should be the a would be 500-1,200 sq. of the GRFA far the lot. Diana Donovan then asked applicant if there were any question that the Forest Service would approve the plan on their land. Joe Macy stated that the environmental impact and a finding of no significant impact had been submitted. The district office is discussing the issue presently, then i~ will go to the regional office in Denver for final approval. The Forest Service had not indicated any problems to date. However, if a problem surfaces, the entire plan is dependant upon Forest Service approval of the changes. • Kathy Langenwalter and Connie Knight both requested to see the construction guidelines. Joe Macy said there was no secret of what these were, as they were a part of the bid document. As such, he agreed to provide them. Kathy further pondered if perhaps reducing height and length of the walls was not the answer if reducing the impacts on the site is a desired. result. Kent Rose clarified that the construction specifications will minimize height and length when possible. There will be a project manager and survey crew on site during the construction to ensure that this occurs. Kristan added that the staff would have a site design team, consisting of Greg Ha11, Todd Oppenheimer and herself, to review the progress to check that this was, indeed, happening. Kathy reiterated that she just wanted to make sure it was all being taken care of. Joe Macy elaborated that since the retaining walls are very expensive, they would be happy to eliminate them where ever possible. They want to eliminate every wall they can. Kathy Langenwalter then turned her attention to the planting pockets, wondering how much actual planting area there would be, and if it were actually significant. Kent stated there would be approximately 5 feet of plantable area per pocket. Joe Macy continued that this amount was significant, especially when the trees grow above the wall. Kathy then queried applicants about what impact snow and snow removal would have on these pockets. • 18 Kent stated that these pockets were somewhat protected by the curbing along the road. Kristan Pritz reminded applicants that they needed to make sure they did not go above the 8'- 8" maximum height for the walls in the area of the planting pockets. She elaborated that she wanted to clarify the variance previously given so there would not be problems later during construction. Jay indicated that they may attempt to place the pockets in areas where they could grade back above the pocket to minimize the wall. Jim Shearer asked applicants if, in the keystone wall, it would be possible to place these pockets every 400 feet. Joe stated that it would be at least every 400 ft. Kristan indicated that, from a distance, the effect of these pockets would be greater than while driving along the road itself. In addition, the 400 feet was merely a guideline for contractors when bidding on the construction. Jim requested clarification of whether this 400 foot minimum is to be applied to the entire wall length or consecutive linear feet. Kristan answered that it would apply to walls that exceed 400 feet. She further explained that the clearer the expectations of everyone at the outset, the better. Then, if there were turnover in any aspect of the development, there would be no confusion as to what was agreed upon. Jim questioned the importance of a small planting notch in a large wall, and also stated his agreement with Kathy over her • concern of the impact of the snowplows. Joe Macy said that there will be vines to disguise the walls. Jim asked about the effect of straightening some of the roads, and if that was increasing the amount of walls, as compared to the previous undulation. Kent answered that the roads now move better with the contours of the site, and that the effect on the length of walls was negligible. Jim requested clarification on each lot's GRFA, and whether the figure presented would be increased by 850 sq. ft. to compensate for the loss of the credit system, and also if the garage space needed to be added to the GRFA figure. This was confirmed by staff per the specifics in the memo. Garages are not in the GRFA numbers. Connie Knight asked if applicant had brought a sample of the keystone wall to view. The Commission examined it and Connie asked if the color could be changed. Joe Macy affirmed that the color could be changed. Connie stated that she felt planting notches are a positive addition to the plan. Regarding the stipulation that Spraddle Creek use the "least polluting sand" for winter sanding, Connie asked if that could be more specific. Joe Macy stated that he wanted to research that issue further, with Jay Peterson indicating that he wanted 19 . • flexibility for new technology in the future. Connie asked if an appropriate standard would be whatever the Town and Highway Department agreed upon? It was determined that applicant would be given flexibility through the "least polluting" language. Connie also asked about the sufficiency of the livery parking provisions, and whether 5 parking spaces would be enough for hikers. Kristan said she believed it would be sufficient, as there was other parking available to hikers above the subdivision in a flat area on USFS land. In reviewing the slope requirements, Connie questioned if there were enough controls to ensure adequate protection. Kent Rose explained that applicants wanted to see what conditions they found in the field, and act accordingly within the guidelines provided. Connie also questioned how large the garages could be. Kristan explained that there would be a maximum of 1,200 sq. ft. for a garage if 4 spaces were provided, unless the owner used GRFA for garage space. A question was then asked by Diana Donovan of when George Gillett would be building his home, and how that time table related to the construction of the roads. Joe Macy stated that a phasing plan will be submitted. The roads, walls and deep utilities will • be started in April. By August or September, an owner could begin foundation work. The second spring, the asphalting of the roads and shallow utilities will be completed. Diana questioned if anyone would be able to move in before the landscaping was completed. Kristan answered that the plat would be recorded with the subdivision improvements indicated. There would then be a bond issued to ensure the completion of the improvements. At that point, the developers would be free to sell lots and the Town could issue building permits. For a Temporary Certificate of Occupancy to be issued, the water, sewer and electricity would have to be completed. When Diana further questioned what guarantee the Town had that the landscaping and other improvements would be completed, Kristan replied that the completion bond was the guarantee, with the Town retaining l00 until all was completed and accepted. Joe Macy further elaborated that the conditions of the performance bond would apply to all portions of the development. Jay Peterson indicated. that if the plan was not completed on time, the Town would be able to draw on the completion bond. Connie raised the question of who determines the dollar amount of that completion bond. Jay answered that it is determined by the applicant, but reviewed by the Town for accuracy. • 2a Once again, the issue of GRFA and square footage was raised, and Diana Donovan wanted further clarification that the GRFA includes the 850 sq. ft. allowance. Jay pledged that the GRFA for each lot would be placed on the plat and yes, the GRFA numbers included the 850 sq. ft. Discussion then moved to concerns over the greenbelts provided. Diana asked for a clarification of Tract A, B and C and it was provided by Kristan Pritz. After the clarification, Diana expressed concern about the visual impact of this subdivision from the bottom of the International ski run, and nat just from within the subdivision. Kathy Langenwalter asked if the gatehouse would be a caretaker unit. The answer from Jay was that there would be no utilities into the unit, and it was not visualized that the gatehouse would become living accommodations due to the impacts. With the discussion moving once again to em,.p~Qyee housing, Diana requested definite confirmation that Mr. Gillett is building a caretaker unit with his home. Joe Macy replied that he was. Diana postulated that she could not see how the Town could require when or on what lots the caretaker units would be built, due to practical and legal difficulties. It would be impractical to have the requirement at the time the building permit is issued, which would be the only way to control when the units would be built. Joe reiterated that applicants did not want plat • restrictions regarding the caretakers. Connie issued her opinion that she didn't believe it would be good for the developers to keep shifting the. units from lot to lot. Jay interjected that if restrictions were placed, that in marketing, the developers would have to indicate that any buyer might be required to build a caretaker unit. Kristan stated that the issue of timing was one of concern to the Town Council, and asked if applicant could pin down two lots in addition to Mr. Gillett's which they would put the caretaker condition upon. Jay again stated that he wanted flexibility. The developers would select three lots for caretaker units, but did not want to have to go through another major subdivision revision in order to change those lots around. He also asked if there were another mechanism, rather than using a major subdivision review, whereby the designation could be changed by the PEC. After much discussion, no conclusion was reached. Diana attempted to summarize the Commission's feelings by stating that the requirement that 3 of the lots, when developed, have caretaker units, but with no stipulation as to the timing. She did state, however, that the Town Council may not approve the final plat without some type of timing agreement. At this point, the specific conditions of approval were reviewed in order to formulate a proper motion for the Commission. The resulting conditions were: (Please note changes from PEC are in bold type}. 21 • A. Before the Proiect is Reviewed by the Town Council for Dedication, the Following Must Occur: 1. The architectural, construction, landscape guidelines in the covenants shall be reviewed by the Design Review Board and Staff before the final plat is allowed to proceed to Council. Further PEC approval shall no longer be required for the documents listed above. The covenants will be submitted to staff before Town Council review. A color board shall also be submitted with the final architectural guidelines. 2, The following changes shall be made by the applicant to the landscape plan as a condition of final plat approval before the project is reviewed by the Town Council: * 2 inch caliper aspen shall be the minimum size allowed instead of 1 1/2 inch aspen * The existing and proposed tree line shall be indicated on the landscape plan * The irrigation point of connection shall be changed to a water tap instead of the fire hydrant connection. * The irrigation guidelines shall be reviewed and approved by the Town of Vail landscape architect. * The landscape plan shall be revised to show the driveway and wall break adjacent to Lot 8. Additional planting may be required by the Town of Vail landscape architect in this area. * The AI wall shall be indicated on the landscape plan. (The Fourth and Fifth conditions moved to section E, during construction numbers two and three). 3. The Town Attorney shall review and approve the wording on the subdivision plat concerning 30% slope, building envelopes and certificates. 4. A construction phasing plan shall be submitted to the Community Development and Public Works departments for final approval before the project proceeds to Council. The debris flow mitigation during construction shall be addressed in the phasing plan. 5. The conditions for lots having slopes over 30% shall be indicated on the subdivision plat. This section of the code is 18.69.050 A-D, F-I, K and 22 L. This wording shall also be included in the covenants for the subdivision. • 6. The conditions of the building envelope shall be added to the plat, and also incorporated in the subdivision covenants. 7. The owner of the subdivision, or homeowners association, shall maintain the road through the subdivision from the entry gate up to the tap of the subdivision. This maintenance also includes all tract areas, retaining walls, and landscaping. The owner, or homeowners association, also agrees to be responsible for establishing the landscaping along the public road extending from the North Frontage Road up to the subdivision entry gate for one year, from the date of Town of Vail landscape and wall acceptance. Once the landscaping is accepted and one year from the date of acceptance by the Town of Vail has transpired, the Town will take over the responsibility of the retaining walls and landscaping maintenance. Any plant material not meeting the original planting specifications at the end of the one year warranty period shall be replaced by the owner or homeowners' association. Replacement plants shall be covered by an additional one year warranty. The owner or homeowners' association will continue to water the landscaping for an additional year after expiration of the original one year warranty. The drip irrigation will be zoned to separate public and private use and will remain in place and be turned over to the Town of Vail at the completion of the watering provision. 8. Owner agrees to re-plant using a mixture of the removed sagebrush and seed mix for a period of 2 growing seasons per Colorado state University recommendations on all cuts for utilities. If this attempt is not successful in revegetating impacted areas of sage, owner will investigate and instigate other methods of revegetation to the Town of Vail landscape architects requirements after the second growing season. Cuts must be revegetated in such a manner that no noticeable scar exists. 9. The Town engineer's comments to Kristan Pritz, dated January 24, 1991, shall be met or resolved. 23 . 10. Based on the second set of plans dated January 31, 1991, the following issues in the memo dated February 11, 1991 from Greg Hall shall be met or resolved. 11. Town engineer's approval is required for the final street construction plans, construction specifications and final drainage report. 12. The applicant shall incorporate into the covenants the condition that no on-site livery shall be allowed within the subdivision 13. Applicant agrees to construct six foot paved shoulders on either side of the Frontage Road according to the plan submitted and approved by the Colorado Division of Highways for a public bike path. 14. Three caretaker units, each having a maximum square footage of 1200 sq. ft. and a minimum square footage of 500 sq. ft., shall be provided within the subdivision. The units will be permanently restricted per section 18.13.080 (10) (A-D) of the Town of fail Zoning Code. The applicant shall agree that three lots will be designated in the covenants or plat on which caretaker units will be built. If lots other than those lots originally designated provide caretaker units, the covenant restriction will be lifted. Developer may change designated lots as long as there are three lots designated at all times. Further Town of Vail review of the designations will not be required if .caretaker requirement is moved to another lot. 15. The owner shall use the least polluting sanding material for sanding the private road within the subdivision per the .approval of the Town of Vail Environmental Health Department. 16. On any walls that are greater than 400 feet in length, planting notches shall be required unless it is determined that .it is impossible to locate the notches in a sensitive manner in the walls. Staff and applicant will determine a number of notches to be built prior to Town Council review. During construction, notches may be increased, changed or removed with the approval of the Town of Vail design team, consisting of the Town Engineer, Landscape Artist and Community Development Director. 24 B. During Town Council Review, the Following Must Occur: 1. Easements will be dedicated to the Town at this time. C. Before the Final Plat is Recorded, the Following Conditions Shall Be Met: 1. The applicant shall submit to the Community Development Department for approval the final agreement relocating the existing livery to the Forest Service land east of Spraddle Creek Subdivision. This agreement shall also include revegetation of the existing livery site. 2. Before the final plat is recorded, the appropriate easements allowing for public access shall be recorded per the Forest Service requirements. Forest Service approval for the switchback on their property to the east of Spraddle Creek Subdivision shall also be received before final plat recording. 3. The subdivision improvement agreement and covenants shall be submitted to the Community Development Department and approved before the final plat is recorded. D. After Final Plat Recording and Before anv Building Permits are Released for Site Improvements or Individual Residences, the Following Conditions Must be Met: 1. The rezoning of all open space tracts within the subdivision shall be approved by the Vail Town Council. The requested zone designations shall be greenbelt open space. This condition shall also be listed in the subdivision agreement before the final plat is recorded. 2. All final plat conditions of approval shall be met by the applicant. E. D~~rina Construction of the Proiect, the Followina Conditions Will be Met: 1. The Community Development Director, Town Engineer and Town landscape architect shall periodically do on-site inspections of the construction. 25 . 2. A letter from RBD Engineers describing how grading and landscaping will occur if walls I, K, C1, C2, 01, Ml, Y1 are removed, and when wall ZZ is removed. 3. Additional aspens and shrubs may be required by the landscape architect for walls E-1, G-1 and N- 1. This issue shall be resolved after an on site inspection is made by the Town of Vail landscape architect. Up to 30 aspens and 20 shrubs may be required by the landscape architect. 4. The applicant shall submit worksheets showing grading and proposed landscaping to mitigate grading for portions of the I walls, K walls, C walls, O1, M1, Yl, Rose Lane, and walls below the gatehouse to the Town engineer, landscape architect, and Community Development Director. These walls shall also be listed on the final street construction plans as having potential for removal. Kathy Langenwalter moved that the above requirements be accepted by the Commission. Jim Shearer seconded the motion. The vote was 4-0 in favor of the motion. A review of the requirements will take place at the next Commission meeting. • The meeting was recessed at 7:05, and reconvened by Diana Donovan, chairperson, at 7:12PM. was noted by Diana Donovan that Ludwig Kurz had left t mee 'ng for a personal emergency. 4. A r est for a review and recommendation to wn Council reaar~lnc7 a.d;gntion o.f the ~tPnhens Park Master Plan; site is located ~ the southeast corner of South ~rontaae Road West and Kinnick~ick Road. Annlicant: Torn, of Vail_ Andy Knudtsen gave the s ff presen ion. He opened by addressing what the Commis ' n ha asked staff to review at the previous work session. The first area of concern s the z ue of parking spaces. By widening the access roa o the park, rking has been increased to 18 spaces. Other tions were examin including frontage road parking, but ening the driveway app red to make more sense. Diana asked out Vail Recreation Department schedu 'ng of practices nd games. Todd Oppenheimer replied that at his time, Stephe Park was not included in the agreement between VRD • / ,s ~; • rawx a~ u~ 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 pubic hearing in accordance with section 12-3-6, Vail Town Code, on ,April 9, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of an entry feature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0012) Applicant: Vail Estates, represented by Paul Smith Planner: Bill Gibson A request for final review of the prescribed zoning regulations, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%, Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, and setting forth details in regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave • Kaselak of Zehren and Associates Planner: Warren Campbell A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell 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 the platted building envelope (Lot 1), within the Eleni Zniemer Subdivision located at 1677 Buffehr Creek Road/Lots 1, Eleni Zniemer Subdivision, and setting forth details in regard thereto. (PEC07-0015) Applicant: Doug Weltner Planner: Warren Campbell s Attachment: F Page 1 • A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0017) Applicant: Vail Resorts, represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. 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J F N~i_mm~N~~'°o°^.N.^,~m~m nl.K'6 c'Fim'~`_Gi ^enidwwnanse''°v.', Sm r rt~ W /~^I V 1 W W ~W tPT~\/ V W ~^~r'' 1L/~~1 (rr^/^' V L 0 H z w Q z w x x 0 w ~a rv~ B^ .~ • • f~ U MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2007 SUBJECT: 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 I. DESCRIPTION OF THE REQUEST The applicant, Lionshead Inn LLC, represented by Mauriello Planning Group LLC, has requesting a public hearing with the Town of Vail Planning and Environmental Commission to discuss the development review applications necessary for the review of the redevelopment of the properties known as the Lionshead Inn and Lionshead Inn Annex, located at 701 and 705 West Lionshead Circle. The purpose of this work session is to provide an introduction to the proposed Fogata redevelopment to the public and the Commission. The applicant and staff would like to: Introduce the Team working on Fogata • Lionshead Inn, LLC • Oz Architecture • Mauriello Planning Group, LLC • Other Consultants • Presentation by Oz Architects • Presentation of proposed redevelopment plans • Givens regarding Fogata • Compliance with Lionshead Mixed Use 1 Zoning • Compliance with the Lionshead Redevelopment Master Plan • Compliance with employee housing regulations • The role of the Enzian Condominiums Association • • Topics to cover at future meetings • Review of the Major Exterior Alteration application • Review of two Conditional Use Permit applications for residential on • the first floor and a private parking facility • Compliance with the Lionshead Mixed Use 1 District • Compliance with the Lionshead Redevelopment Master Plan ' • Review of a resubdivision application The Town of Vail Planning and Environmental Commission is being asked to listen to the presentation and provide any feedback that is appropriate at this time. Staff has not performed a formal review of the project at this time and makes no representations of compliance of the project with the prescribed review criteria. Staff will perform a thorough review of the project as it moves forward in the development review process. Staff will be involving Jeff Winston of Winston and Associates, in the review process regarding compliance with the Lionshead Redevelopment Master Plan. Staff expects the submittal of additional information as the review progresses such as the submittal of digital and/or physical models to aid in the review of the proposal. A complete description of the proposed project is found in Application for a Maior Exterior Alteration and Conditional Use permits in the Lionshead Mixed Use-1, Zone District to Allow for the Redevelopment of the Lionshead Inn Properties Dated May 14, 2007 (Attachment B). • Is there any initial feedback the Commission would like to provide to staff and the applicant? • Are there any requests for information that may be atypical to the • standard review process that the Commission believes is needed to review the applications associated with Fogata? • Are there any items of concern for the Commission that should be addressed moving forward? 11. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for • final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's 2 r t • approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff.• The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals • or denials and can uphold, uphold with modifications, or overturn the board's decision. B. Conditional Use Permit 1CUP~ Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Staff' The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with • the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation 3 r i 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. CRITERIA Maior Exterior Alteration Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That tfle proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, the Commission makes the following finding as part of the motion: "Pursuant fo Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " Conditional Use Permits Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-16-6, Vail Town Code, the • ., • 4 Y ~- Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. • 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission tables this application to the June 25, 2007, public hearing. V. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Application for a Maior Exterior Alteration and Conditional Use permits in the Lionshead Mixed Use-1 Zone District to Allow for the Redevelopment of the Lionshead Inn Properties Dated May 14, 2007 C. Copy of proposed plans dated May 14, 2007 D. Public Notice • 5 Y Application for a Major Exterior Alteration and Conditional Use Permits in the Lionshead Mixed Use-1 Zone District to Allow for the Redevelopment of the Lionshead Inn Properties Submitted May ] 4, 2007 Attachment B Report prepared by: Mauriello Planning Group Dom~n~c F. Mauriello, AICP PO Box 1127 560 I A Wildridge Road Avon, Colorado 81 620 Allison C. Ochs, AICP PO Box 1127 560 I A Wildridge Road Avon, Colorado 81 620 970.748.0920 phone 970.748.0377 fax 970.376.33 18 cell 970.748.0920 phone 970.748.0377 fax 970.390.8530 cell • • • 7 l • Table of Contents Consultant Directory .................................................... 4 Introduction ............................................................... 5 III. Existing Conditions ...................................................... 6 IV. Zoning AnalySis ......................................................... I O V. Criteria for Review ..................................................... VI. Conditional Use Permit -Review Criteria ........................20 VII. Ad~acents ................................................................ 23 Fogata Lodge Submittal May 14, 2007 3 I. Consultant Directory Rocky Cortina, Project Director Lionshead Inn LLC 705 W. Lionshead Grcle Vail, CO 81 657 Axel Russell The Wells Partnership, Inc. 795 I E. Maplewood Avenue, Suite 200 Greenwood Village, Colorado 801 I I 303.892.6662 phone 303.770.6830 fax OZ ARCt11TECTURE 1820 Folsom Street Boulder, Colorado 80302 P: 303.449.8900 F: 303.449.3886 whentschel @ ozarch . com Roger Q. Burkart D11M 1390 Lawrence Street ,Suite 100 Denver, CO 80204 (303) 892-5566 x324, rburkart@dhmdesign.com Jo Ann Higgins, AICP Fox Higgins Transportation Group, LLC P.O. Box 19768 Boulder, CO 80308-2768 Office: 303.485.0 114 FAX: 303.772.2329 hlgglns@foxhiggins.com Kent Kriehn Alpine Engineering, Inc. Unit A9, Edwards Business Center Edwards, CO 81 632 phone 970-926-3373 fax 970-926-3390 Mauriello Planning Group PO Box 1127 560 I A Wlldridge Road Avon, Colorado 8 1620 970.748.0920 phone 970.748.0377 fax allison@mpgvail.com • • Fogata Lodge Submittal May 14, 2007 • 4 T • II. Introduction Fogata Lodge is part of the billion dollar renewal that is sweeping The Town of Vall. Fogata, meaning bonfire in Spanish, is designed to be the guiding light for the entry to Lionshead Village and as a gateway to the mountain and Town of Vail. These luxury residences are designed to be clean, contemporary and provocative spaces with expansive natural day lighting and vaulted ceilings. Contemporary materials such as copper, stucco, and natural cedar will impart European styling, however, stay in line with the forty years of Vail traditions. A mixture of spacious 2-bedroom and penthouse units will capture the market niche that is absent in Vail making Fogata one of the most coveted new addresses at this world class year-round resort. This application for the redevelopment of the Lionshead Inn properties into the Fogata Lodge is submitted as a Mayor Exterior Alteration in the Lionshead Mixed Use - I zone district. We are proposing to meet all of the requirements and standards as outlined in the LMU- I zone district, along with compliance with the Lionshead Redevelopment Master Plan. In addition to the Mayor Exterior Alteration application, we are submitting an application for Conditional Use Permits to allow for multiple family residential units on the first floor and for a private parking structure. • The project includes the following: • 54 dwelling units and 22 time share units, including 88 live beds in the form of multiple family dwelling units, fractional units and lock-off units, all in a short term rental pool • A front desk, lobby, lounge area and other hotel-type amenities • Approximately 130,000 sq. ft. of GRFA • 6,857 sq. ft. of restaurant • 103 structured parking spaces to serve the uses on the site • 80 structured parking spaces in excess of requirements Fogata Lodge submittal • May 14, 2007 5 Applications recfuired to facilitate the redevelopment of the Llonshead Inn properties: • • Mayor F~terior Alteration • Conditional Use Permits o Private parking structure o Multiple-family residential dwelling units (on the first level) On May 2, 2007, the development team held an open house at the Llonshead Inn to introduce the project to neighbors and to other members of the public. Over 12 neighbors and concerned citizens attended and provided the development team with comments. I KYI:L'tL-ItI~C •CNINx1.Ci - .. .r ._ . ~ -. MUtI W.• _ _ ~ ~ . _JA:JVU U:J~t AYU .1.1[3L,.'C~~IN.l, ... _.:,w ~ rz t' ~ [~ •_ [ _ lrftF/A/Mf Utlt _ !)i tlL1.UM~ t VhASIIbJLUs Yt A'IaLLIkLfJl[ __ _ _ .+rw _ _^ _ _ •IttU~~,v-J3U HtI V_'A~I:UCVti tC)/::~X} _ _ - T I f5[ y ~w,' + gam' 4, F ~t~J -' ~ -L_l=~lnl~__: r`~ '+ f ~~:~ .~ntxLw~slw.:r :lYt! N+=nu _.y" _ +~r f"~ i_y _Itl1•kUtl[131•d4UN:1I:: '-M, ~: --.. - ^~~a.. r;wT 1 lf~,~ a I r !x , ~ ~~~ • ~' ti I. n• .u4 rc•L I.NU r ~~ cn'kr t ~ I.3Y •c. nu. 1 .} . ? rl.l - `• ,} ~'`']f ~ ) - A"JYNJ[UYJ~~3'1 tAtM- f f (/t 1 ~ ~ ~- 1 lt.l fl tl tY. I.N:I:U ICl4 ~ }~- ~ pA ILYL1.1 kLO '~' ~ ~IrltlJl N:: tMlIxFILnRiAUtl%'t ~ ~ Y - - Imco4ntYLCmuASr1N>rN r~uman'1e ~ i kne,:w Lwn.• i ~.' ~ r / ._ I` a ~~.~ ~i-~• w ~ ~~ ~ I Y ~ _ kv1aLNA41 tNfNr Irtl'J'IL'~4Lt:[U t'iG IN N:I rtS\%t h..lt..> I ` '.. .tint !~ ~ illYiU[W'Nr 1 I J ,~ x ~ ~ ~ rN_ILLNAYI iVltlU IYiR 1 y~ ~ yyylff V r/Sd r f~ - ~ L[~n'I~l: tl~L x'J' r y,a' rte. x ; ' ; ii Nr„L„xb ,lAk _ ~ "1«tl1Nt~ Q,tLL,K ~ ~ ~ 1 ,~ ~ j ~' -- Proposed site plan • Fogata Lodge Submittal . May 14, 2007 • 1 • • III. Existing Conditions The Lionshead Inn properties were originally developed as The Enzian Lodge, later to become the L'Ostello (now the Lionshead Inn), the Enzlan Condominiums, and the Vall Glo Lodge (now the Lionshead Inn Annex), which was originally a Best Western. They were developed on a portion of Lot I , Block 2, VaiVLionshead Third Filing, and were subsequently subdivided. The Enzian Condominiums are surrounded by property which Is owned by the Lionshead Inn. VaiVLionshead, Filing 3 was recorded in 197 I . This plat created Lot I , Block 2, Vail Lionshead Third Filing, upon which Vail Spa and the Lionshead Inn properties sit. ~° ~.. ~~;~~" The Enzian at Vail Condominium Map was recorded in 1974. The plat indicates that both the Enzian Condominiums and the Enzian Lodge (which later became the Lionshead Inn) are located on a Part of Lot I , Block 2, Vail Lionshead Filing 3. The Enzian Condominiums are surrounded by property owned by Lionshead Inn. The drive to the east and south of the Enzian Condominiums is an access easement across Lionshead Inn property. The existing uses on the site are as follows: Existing Dwelling GRFA Accommodation Restaurant Units Units Lionshead Inn O 18,45 I sq. ft. 52 2,560 sq. ft. Lionshead Inn Annex I 10,41 2 sq. ft. 33 O TOTAL I 28,863 sq. ft. 85 2,560 sq. ft. Fogata Lodge Submittal • May 14, 2007 7 While not all of the Information Is available on the existing sites, according to our research, the development statistics for the site are as follows: Setbacks 1leight-max hieight-average Density' (dwelling units) GRPA (sq. ft.) Site Coverage (sg. ft.) Landscape Area (sg. ft.) Lionshe ad Inn Lionshead Inn Annex To tal sq. ft. acres sq. R. acres sq. ft, acres 40,359 0.9265 27,967 0.6423 68,326 1.5688 Existing Potential Existing Potential Existing Potential I O f.t I O ft. 40 ft. I O ft. I O f.t I O ft. 80 ft. 82.5 ft. 48 ft. 82.5 ft. 80 ft. 82.5 ft. NA 71 ft. NA 71 ft. NA 71 ft. 0 32.47 I 22.48 I 54.9 18,451 100,898 10,412 69,918 28,863 170,816 7,968 28,251 unavailable 19,577 unavailable 47,828 3,406 8,072 unavailable 5,593 unavailable 13,665 'in LtiMU- I accom modation units do no t count as density. Throughout the years, little has been done to redevelop the properties. Beginning in the late 1980x, various applications were submitted for the redevelopment of the current Lionshead Inn building. In 1989, the Town Council approved a redevelopment which included adding an additional story to the building, along with removing the berm and undergrounding all the parking. This recfuired a height variance, based on the more restrictive Commercial Core 2 zone district. Also, as a part of this proposal, a deed restriction for a Type 3 employee housing unit was recorded. however, this redevelopment was never completed. In 1993, the owners of the Lionshead Inn attempted a similar redevelopment proposal. Again, the redevelopment was not completed. In April of 2006, the Town of Vail passed a moratorium on all new development within the Lionshead area. The ordinance prohibited the filing of any development application that would cause a reduction in the existing number of hotel rooms, employee housing units or parking spaces within the Lionshead zone district. In July of 2006, Resolution • • Fogata Lodge Submittal May 14, 2007 8 • Previous redevelopment project which was approved but never constructed. • No. 4 was approved, amending the Llonshead Redevelopment Master Plan with regards to the preservation of "live beds", including specific language for the Llonshead Inn properties. Following the approval of the amendments to the Llonshead Redevelopment Master Plan, the Town enacted an emergency ordinance, requiring that any applications for development in the Town of Vail would be subject to future regulations with regards to employee housing. Ordinances No. 7 and No. 8 were passed in February of 2007, providing regulations for commercial linkage and inclusionary zoning. Following nearly a year of amendments to regulations which directly affected the ability of the Llonshead Inn properties to redevelop, the applicant is able to submit a redevelopment application. Photos of Existing Conditions ~~ ~l { p ~' ""~`~, '~ ~: ~! ~ ~ ~. y ~.., ~ !"f 1M ~ F I1t11Ri~`a?{Tr~1~n~;r.1:~ I:r~-_i@~Ili ~ ...;,__~ Fogata Lodge submittal • May 14, 2007 9 IV. Zoning Analysis Lionshead Mixed Use- I Zone District: Allowed/Reauired Setbacks I O ft. 1leight-max 82.5 ft. 1leight-average 71 ft. Density" (dwelling units) 54 ft. GRFA 170,81 5 sq. ft. Site Coverage 47,828 sq. ft. Landscape Area 13,665 sq. ft. Loading 2 berth Parking Analysis: Use Dwelling Units Time Share Units Lock-off Restaurant Fogata Lodge Submittal May 14, 2007 Unit 54 22 12 Lot Size: I .5688 acres Proposed I O ft./30 ft. on n. property line 82.5 ft. "71 ft. 54 ft. 130, 144 sq. ft. 4 I ,077 sq. ft. 14,663 sq. ft. 2 berth Calculation 1 .4 per unit .7 per unit only if more than I lock-off I space per 250 sq. ft. of seating floor area 2,908 sq. ft Total Required Parking: Private Parking Structure: Total Parking Provided: Required Parking 75.6 15.4 O I I .6 102.6 80 183 10 • • V. Criteria for Review The Llonshead Mixed Use- I Zone District does not supply criteria for review as In th case of a Special Development Dlstrlct. however, it does offer a description of th "compliance burden". In addition, we are requesting conditional use permits so th criteria for review of a conditional use permit has been provided for the following uses: • Multiple family dwelling units on the first floor (4 units and 3,628 sq. ft. of GRFA) • Private parking structure to allow -for private parking in excess of the requirements (80 spaces beyond the parking requirements) 12-711-8: COMPLIANCE BURDEN: /t shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commrssron and the design review board that the proposed exterior alteration or new development rs rn compliance with the purposes of the Llonshead mixed use l district, that the proposal rs consistent with applicab/e a%ments of the Llonshead redeye%pment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable e%ments of the l/ail comprehensive plan. A. Purpose of the LMU-1 Zone District The Llonshead Mixed Use I zone district was created in 1999, as the Implementation phase of the Llonshead Redevelopment Master Plan. The zone district rezoned all Llonshead properties from Commercial Core 2 to LMU- I . It intended to create Incentives for properties to redevelop. The purpose of the LMU- I zone district is as follows: The Llonshead mixed use 1 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, and commercial establishments in a clustered, unified development. Llonshead mixed use 1 district, in accordance with the Llonshead 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 Llonshead redevelopment master plan. Fogata Lodge Submittal • May 14, 2007 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 ttie Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Our Analysis: When the Lionshead Master Planning process was undertaken, there was clear recognition that Lionshead lacked the vitality of Vail Village. The structures were dated, the pedestrian mall did not function, and older lodging properties were suffering from low occupancy rates as a result of substandard conditions. As the purpose statement indicates, the Town recognized these issues and created a zone district to incentivize the redevelopment of Lionshead. Many properties in Lionshead have since redeveloped: the Antlers; the Arrabelle; the Marriott; the Ritz-Carlton Residences; the Landmark -all successful examples of redevelopment as a result of the Lionshead Mash,r Planning process. ~ ~' _ 93 .. ~~,. _, _ • Fogata Lodge Submittal May 14, 2007 12 • The Lionshead Inn and Lionshead Inn Annex were constructed in the 1970s. At the time, both hotels were considered luxurious. however, since • then, times have changed dramatically, and the standards that Vall visitors expect their hotels to meet, have also changed dramatically. The existing facilities are not up to visitor expectations, which have resulted in low returning customer rates. Both facilities suffer from low occupancy rates. The incentives offered by the Lionshead Mixed Use- I zone district allow the Lionshead Inn properties the opportunity to redevelop into a project more fitting the needs of Lionshead and visitors to Vail. The existing buildings on the site will be demolished, allowing for a completely new structure meeting all aspects of the zoning regulations. Fogata Lodge meets the purposes of the Lionshead Mixed Use- I zone district along with all of the development standards prescribed by that zone district. B. Lionshead Redevelopment Master Plan Compliance Our Analysis The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 15, 1998. It is a guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design • guidelines, and then provides specific development standards that are implemented through the Lionshead Mixed Use- I zone district. Below is the language from the LRMP that is applicable to the vehicular and pedestrian circulation surrounding the Lionshead Inn properties: Modifications to West Lionshead Circle and Lionshead Place West Lionshead Circle and Lionshead Piace currently handle the heaviest load of lodging access and delivery traffic in Lionshead and wilt likely continue to do so. The recommended improvements to these roads are both aesthetic and functional, working to provide for safe and efficient vehicular traffic while also insuring a safe pedestrian environment visually consistent with the overall goals of the master plan. East Intersection of W. Lionshead Circle and S. Frontage Road This intersection will experience the greatest increase in traffic volume due to the projected increase in lodging units and the proposed north day lot transit center. Mitigation measures may be required, as outlined in the traffic study. Intersection of Lionshead Place and West Lionshead Circle Due to the projected volume of lodging traffic that will be accessing Lionshead Place (Monteneros, Antlers, Lionsquare Lodge, and the Vail Associates core site), it is Fogata Lodge submittal • May 14, 2007 13 recommended that this intersection be realigned so the primary through-traffic axis is north- south (see figure 4-10). West Lionshead Circle would form a T-intersection at the northeast corner of the Marriott. In addition to facilitating traffic flow, this realignment will create a much safer, logical pedestrian crossing from West Lionshead Circle into the Lionshead pedestrian core. Pedestrian Sidewalks and Crossings A series of primary and secondary pedestrian walks should be created connecting the West Lionshead azea with the Lionshead core, the frontage road, and the ski yard These walks and crosswalks are identified on Map Q and Map T. Visual Improvements ;~~` ' i ~- `'~, .~ ~ ~, ,..fir . ~~ €~' b~ ` ~l t~ z ~~ /,~1 ~ lr l - • .,. ~- ~"°'% .- ~, +~/ , i. ~ - ,,_ ~ .. hUSTCR PLAN FRtiMLH'OR7: ',,;,,..-_ ~f~ i PL'DESi RIAN' K:A1..KS ~~. ~~- -~ . - - awn PATtIs ~~ _' . r » WIN 1PV iH:ViCRIAN A'\Il( ' _ CF(lP~nPV PFI1PSi41nH 4'~IY i ! PPI'~P:I PI~N'PA iH As the road systems and adjacent lodging properties in west Lionshead are upgraded it is critical that a consistent visual character be developed through the design of new pedestrian walkways, landscaping, retaining walls, lighting, and site furnishings. For further information on these systems, see chapter six, Site Design Guidelines. Chapter 5: Detailed Plan Recommendations Chapter 5 of the LRMP provides detailed plan recommendations for every area of Lionshead. This section provides the language from the LRMP regarding the detailed plan recommendation for the Lionshead Inn properties, and includes the July 2006 amendment found in Resolution No. 4, requiring "no net loss of live beds" on the Lionshead Inn properties. 5.15 Lionshead Inn, Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. The Lionshead Redevelopment Master Plan clearly encourages the redevelopment of this site, due to the aging structures and dated hotel rooms. The Pedestrian Street The existing structures aze recessed from the street, elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. • Fogata Lodge Submittal May 14, 2007 • 14 r • The entry has been oriented to minimize vehicular penetration into the more pedestrianized core, adjacent to the Marriott to enhance the pedestrian experience. The first floor, along West Lionshead Circle, steps down to a one-story element and includes commercial uses to improve the pedestrian character of the .frontage. The surface parking lots have been removed (except where required to maintain the access easement for the Enzian) and all parking is located underground. The commercial uses are at street level, creating a pedestrianized area along West Lionshead Circle. Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn secured a permit in the past which is now expired to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to pursue the opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross-slope. Parking is located underground and the garage entrance is accessed from the existing access easement that is being maintained for the Enzian. Load and delivery, along with Fire Department access and staging will occur off the Frontage Road. Loading and Fire Access Front door to lobby Parking garage entrance -Current access easement maintained Fogata Lodge Submittal • May 14, 2007 15 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. As proposed, the proposal meets the height requirements of 71 ft. average and 82.5 ft. maximum. Preservation of Ezisting Live Beds The Lionshead Inn and Lionshead Annex presently contain 85 accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced The construction of "attached accommodation units", "lodge dwelling units", "timeshare units", "fractional fee club units", and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. The redevelopment of the Lionshead Inn is in strict compliance with the Lionshead Redevelopment Master Plan. The plan states that "The preservation of /ive beds show/d focus on mamtaming the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. " Compliance with this guideline has been met, as indicated by the following: Existing Lionshead Inn Lionshead Inn Annex Total Proposed Timeshare Units Dwelling Units Attached Accommodation Units Fogata Total Live Beds GRFA dedicated to live beds ~ 52 18,451 sa. ft. 33 10,4 12 sa. ft. 85 28,863 sa. ft. Live Beds GRFA dedicated to live beds 22 38,009 sa. ft. 54 86,243 sa. ft. 12 5,892 sa. ft. 8B l 34, 9B6 sq. ft. ~ In addition, Section 4. 13.3 of the Lionshead Redevelopment Master Plan recommends that live beds should include hotel-types of services and amenities, and provides examples such as: Fogata Lodge Submittal May 14, 2007 16 • • • T ;` f.'.~ r ~i I a~ I-- • Operation of a front desk t, ~~~ ``, -~:,+ , ~ ~ ~. • Registration/reservation ~ 8 ~ I ~ ~ capabilities l ~_ L • Recreational amenities = ~ ~-- • Guest drop-off J • On-site management r- ~ r I L J The submittal mcludes plans indicating that j ~ _ .~~ J Fogata will provide all of the above-listed ; I services and amenities. In addition, the i I Fogata Lodge will be encouraging short-term ~~~j rentals through the following: ~"""` • Fractional uses in project so there is _ ,_ _ ~ ~~.~'~_i a necessity and a desire to have a I j j I I ~(' I I L__ comprehensive rental program ~®I I ~ ~~~ ~~ ~ I ~ _ _ _ • Units are small in size, varying in - _ _ "JI L I I _ _ _ I I J - - - ti ~ range from 575 sq. ft. for a studio ~ to 2,400 sq. ft. fora 3Bedroom, r""•5~`~°F'` many with lock-offs to promote rental I First level floor plan indicating hotel amenities and then up to 6,300 sq. ft. fora J penthouse umt, • Voluntary rental program • Front desk, reservation system, concierge • Typical amenities: lounge, retaiVrestaurant , fitness area, pool, meeting space, storage for guests and owners, valet parki ng, etc. The plan of the Fogata Lodge is to emulate the management of a fine, high duality, luxury hotel. The management program is a hospitality program above all else. Top level services will be provided to renting guests and owners alike. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest in spite of a renting guest occupying their unit the night before. C. Character of the Neighborhood Our Analysis: The neighborhood of the Lionshead Inn properties is architecturally and aesthetically diverse. The property most adjacent to the Lionshead Inn is the Enzian Condominiums, which will be most impacted by the redevelopment proposal. As a result, the design Fogata Lodge Submittal • May 14, 2007 17 team has made every effort to minimize impacts to the Enzlan Condominiums, Including respecting the existing access easement. No development Is proposed adjacent to the Enzlan, on the Llonshead Inn property to the south. The Enzlan Condominlums have not been redeveloped at this point in time and therefore the architecture and character of the Enzlan Condominlums Is more of the old Llonshead aesthetic, and while the design of the Fogata Lodge respects the exlsting structure, It is designed based on the Design Guidelines of the Llonshead Redevelopment Master Plan. It is assumed, Ilke most properties In Llonshead that have not yet been redeveloped, that at some point In the future, redevelopment will occur. The owners of the Enzlan have been approached to partner In the redevelopment of the Llonshead Inn project, which would allow for more cohesive development of thl5 area. Two development scenarios have been developed for the Fogata Lodge - one without the Enzlan (Scenario # I) and one with the Enzlan (Scenario #2). At this point in tirnc, as tinc Enzlan Is a separate entity, this submittal is only for Scenario # I . • Adjacent to the Llonshead Inn to the west Is the Vail Spa. Unlike the Enzlan • Condominiums, the Vail Spa's architectural character Is more modern, with a flat roof, Interesting angles, and large panes of glass. Built in 1980, this site also has development potential based on the Llonshead Mixed Use - I zone district. however, without knowing the future plans for this building, the design of Fogata Includes some more modern elements to allow for some consistency of character in the neighborhood. Fogata Lodge submittal May 14, 2007 I8 • The Marriott, to the south of the Lionshead Inn properties, went through a mayor redevelopment in the late 1990x. In this case, the existing structure was maintained, but the budding was renovated to be more in compliance with the Design Guidelines of the Lionshead Redevelopment Master Plan. Many of the old forms remained, but the materials and colors were updated and upgraded. Fogata Lodge is proposing to use similar materials and will be of a character that compliments the Marriott. Other properties In the vicinity .include the North Day Lot, Concert flail Plaza, and Montaneros. The design of Fogata will be complimentary to these properties, maintaining the character of Lionshead, while creating a project that is remarkable on its own. D. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this submittal and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. l . 3 The quality of development should be maintained and upgraded whenever possible. • l . / 2 l/ail should accommodate most of the additional growth m existing developed areas (nfill areas). 3. l The hotel bed base should be preserved and used more effiaently. 4.2 increased density m the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the l/ai1 l/illage Master Plan. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. Fogata Lodge helps to further these goals as outlined in the Vail Land Use Plan. Fogata Lodge Submittal May 14, 2007 19 VI. Conditional Use Permit -Review Criteria Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed ~~onditional uses of a private parking structure, conference facilities and meeting rooms, and multiple family dwelling units on the first floor: A. Relationship and impact of the use on development objectives of the town. Our Analysis: Private Parking Structure - The proposal to establish a private parking club will address several of the goals and objectives established in the Lionshead Redevelopment Master Plan. Further, we believe the parking club could have a positive effect on the parking capacity issues the Town faces through out the year by providing an opportunity for Individuals to lease or sell and therefore reducing the demands for parking on the Vail Village or Lionshead parking structures. • Multiple Family Dwelling Units - The location of the Multiple Family Dwelling Units is within the interior courtyard of the project. These units are Intended to have a more urban aesthetic. Their • front doors open onto the courtyard, and they are designed to have a Fogata Lodge submittal May 14, 2007 20 • • "brownstone" feel. Because they are Interior to the project, they are more appropriate than commercial uses and do not otherwise conflict with the goal of retail uses In the pedestrian areas of town. It Is not viable square footage for restaurant or retail, and is more appropriate as a residential use. The Lionshead Mixed Use - I zone district anticipated this situation, and is why multiple family residential urnts are speafically listed as a conditional use In this zone district. B. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: Private Parking Structure - The private parking structure will have a positive impact on the need for additional parking. Parking spaces will be leased or sold and well be managed to promote maximizing the use of the facilities. However, unlike other projects like Solaris with movie theaters and a bowling alley, this building does not have uses that generate public use of the property, and therefore there will not be much traffic associated with the parking. Multiple Family Dwelling Units - These uses on the first floor will have no Impact on the above-referenced criteria. C. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Our Analysis: Private Parking Structure - The proposed parking structure well generate additional vehicular traffic in the area. however, based upon the change In uses on the site, there will be a riet reduction in vehicular traffic to and from the sites. Parking Is being located underground and the pedestrian walkways in front of the project are being heated so there is no need for traditional snow removal from the site. The parking areas and access ways are all being developed within the Town's standards to allow for sufficient flow and maneuverability. Fogata Lodge submittal • May 14, 2007 21 Multiple Family Dwelling Units - • These uses on the first floor will have no impact on the above-reference~~ criteria. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: Private Parking Structure - The proposed parking club is located within a completely subterranean structure. The subterranean nature of the parking club has no negative impacts on neighboring uses. The proposal removes a substantial area of above-ground parking that exists today, and relocates it underground, having a positive impact on the character of the neighborhood. Multiple Family Dwelling Units - The dwelling units are located on the interior courtyard on the first floor and will have no impact on the character of the neighborhood. They are not located on a pedestrian corridor and therefore will not consume space that would be better suited as commercial. • Fogata Lodge submittal May 14, 2007 22 • VII. Adjacents TOWN OF VAIL C/O FINANCE DEPT VAIL VALLEY RENTALS LLC 75 S FRONTAGE RD 140 FAIRFAX ST VAIL, CO 8 1657 DENVER, CO 80220 VAIL CORP FILES, JEFF P. PO BOX 7 1019 KIMBALL DR VAIL, CO 81 658 DURHAM, NC 27705 LANDMARK CONDO ASSOCIATION DIAMONDROCK VAIL OWNER LLC GEOFFREY WRIGHT C/O DIAMONDROCK HOSPITALITY CO 6 I 0 W LIONSHEAD CR 6903 ROGKLEDGE DR STE 800 VAIL, CO 81 657 BETHESDA, MD 2081 7 CONCERT HALL PLAZA CONDOMINIUM BOSELLI FAMILY PTNSHP ASSOCIATION 31 95 LAFAYETTE DR JENNIFER L LUFMAN BOULDER, CO 80303 1700 Lincoln Street, Suite 2400, DENVER, CO 80203 VAIL VALLEY RENTALS LLC 140 FAI RFAX ST • MONTANEROS CONDOMINIUM DENVER, CO 80220 ASSOCIATION, INC. KEITH ODZA ARTINIAN, RON 64 I W LIONSHEAD CIR, 5 BRISTOL DR VAIL, CO 81 657 MANHASSET, NY I 1030 THE MARK-LODGE CONDOMINIUM KUSHNER, SANDRA R. ~ LOUIS ASSOCIATION, INC. C/O ROTHMAN GORDON FOREMAN ~ Dave Pease GROUDINE PC 7 15 West Lionshead Circle THIRD FLOOR GRANT BUILDING Vail, CO 81 657 PITTSBURGH, PA 152 19 DIAMONDROCK VAIL OWNER LLC HAVENS SEPARATE PROPERTY LIVING C/O DIAMONDROCK HOSPITALITY CO TRUST 6903 ROCKLEDGE DR STE 800 GARY J. HAVENS TRUSTEE BETHESDA, MD 2081 7 226 14TH ST SANTA MONICA, CA 90402 FINK, DAVID H. ~ AMY L. 2900 LAKEWOODS GT W BLOOMFIELD, MI 48323 Fogata Lodge Submittal • May 14, 200 23 SCHNELL, PAUL ~ MADELEINE D. 225 CENTRAL PARK NEW YORK, NY 10024 INFINITY HOLDINGS AT VAIL LLC 7400 E CRESTLINE CIR 125 GREENWOOD VILLAGE, CO 801 I I BILLOTTI, PATRICIA 18 POWDER HILL SADDLE RIVER, NJ 07458 ECCKER, JOHN F. ~ PATRICIA L. 7734 LAUREL LEAF DR POTOMAC, MD 20854 CAPLA, TOMAS J. ~ JUDITH J. 2500 JOHNSON AVE RIVERDALE, NY 10463 VAIL SPA CONDOMINIUM ASSOC 7 I 0 W LIONSHEAD CIR VAIL, CO 81 657 VAIL SPA CONDOMINIUM ASSOCIATION DANN PETER PO BOX 5480, AVON, CO 8 1620 ENZIAN AT VAIL CONDOMINIUM ASSOCIATION GEOFFREY WRIGHT 61 O W LIONSHEAD CIR, VAIL, CO 81657 CDOT 420 I E. Arkansas Avenue Denver, CO 80222 • • Fogata Lodge submittal May 14, 2007 • 24 • Fogata Lodge 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. Below, the calculations for both Commercial Linkage and the Inclusionary Zoning Requirement have been provided, per Ordinances 7 and 8, Series of 2007. 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 commercial uses on the site. Then, a 20% mitigation rate is applied to the net new employees generated by the proposed uses. Commercial Linkage ._ .. L'xislin~; l lulel Units Proposed Hotel Units Net Deficit of Hotel Units Number of Employees Generated (0.7 employees per hotel Restaurant: New Proposed Restaurant: Net New Restaurant: Number of Employees Generated (6.75 employees per 1000 sf of net new sll Total Employees Generated by proposed uses Number of Employees Generated by existing uses Total Commercial Linkage Requirement • { 00216704. DOC J To summarize, the existing uses generate substantially more employees than the proposed uses. • There is actually a net reduction of 47 employees from the existing uses to the proposed uses for commercial linkage. Due to this deficit, the 20% mitigation factor was not applied. Therefore, there is no requirement for employee mitigation based on the Town's commercial linkage requirements. B. Inclusionary Housing Calculation. Ordinance 8, Series of 2007, provides an inclusionary housing "mitigation rate of ten percent (10%) of the total ne;w GRFA." Lionshead Inn Existing GRFA Annex Building Existing GRFA Total Existing GRFA Proposed GRFA Net New GRFA 10% Inclusionary Requirement Fee-in-lieu (GRFA within Hotel Rooms) 18,451.00 (GRFA in one dwelling unit and within Hotel Rooms) 10,412.00 28,863.00 130,144.00 101281.00 (] 0% of net new GRFA) 10,128.10 ($236.65 per sq. ft.) ~ 2,396,814.80 Mitigation Method: The applicant is proposing to pay-in-lieu for the entire inclusionary employee housing calculation in the amount shown in the table above. 2. PLANS - A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements. Since payment in-lieu is being proposed, no plans are necessary. 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 • n U { 002 16704. DOC) 2 • 6. OFF-SITE CONVEYANCE REQUEST - A request for anoff-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. Fees-in-lieu will be paid by the applicant per a straight application of the formula as shown above. Due to the nature of the project being proposed and the limited commercial and service uses being proposed, the applicant believes that payment to the Town for this requirement will allow the Town to generate assistance or build units to address the Town's needs. Because the payment proposed is in excess of the actual net employee generation of the project, the applicant's proposal provides substantial benefits to the Town. 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. A. 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 total average square feet of the proposed dwelling units in Fogata is 1,600 sq. ft. Based on the Town of Vail's Nexus Study, a dwelling unit of this size would generate 0.09 employees. According to the Nexus Study, total employees generated by the residential uses on the site are 6.84. At 350 sq. ft. per employee, that equates to a total of 2,394 sq. ft. required to fulfill the Fogata Lodge's impact on employee housing, according to the Nexus Study. In addition, the change in use from hotel to residential units, results in a reduction of over 30 employees that are needed to serve the site. To summarize, the employee housing requirement of the Town of Vail on the Fogata Lodge actually serves to not only mitigate the impact of the development, but also provides housing for more employees than it generates. This Housing Plan clearly exceeds the purpose of Chapter 24. B. Ordinance No. 8 - Inclusionary Zoning It is the stated intent of the Vail Town Council that new residential development and redevelopment be burdened with providing employee housing that is related to the number of new jobs generated by the development. The Town Council's intent is explicitly expressed in the ordinance: • "WHEREAS, new residential development and redevelopment in the Town will result in new employees being needed .. . { 00216704. DOC ) WHEREAS, the Town Council believes that the provision of a reasonable • and appropriate percentage of new employee housing is the responsibility of new residential development and redevelopments which have a ne~eus to new job generation; WHEREAS, it is the Town Council's goal to provide housing for at least 30% of the new employees generated ..." Compliance with the ordinance read as a whole, specifically including the requirement that there be a nexus to the number of net new employees generated, results in no (0) employee housing burden imposed on Fogata Lodge. LJnder a strict application of only the mathematical formula set forth in Ordinance No. 8, and without any consideration of the ordinance's purpose to address new employee generation, the burden is more than satisfied by a payment in lieu of $2.42 million as shown above. Although the ordinance, in fact, imposes no employee ho><xsing burden on Fogata Lodge, this developer agrees with the policy of providin;~ affordable housing in the Town of Vail. For that reason, and because Fogata Lod;;e wishes to move forward as efficiently and expeditiously as possible, it is proposing a payment of a fee in lieu of $2.39 million. Accordingly, based on a consideration of the language, intent and purpose of the inclusionary zoning ordinance, there; is no basis for denying this housing plan. C. Lionshead Redevelopment Master Plan The Fogata Lodge is located in . Lionshead. The following is taken from Chapter 4 of the Lionshead Redevelopment Master Plan: 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals' housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularl~~ relating to employee housing. These opportunities and associated issues czre outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number jive of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 4.9.2 Visual Issues The f nancial realities of affordable housing often require cost reducing measures, generally involving the quality o~F detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some • { 002 16704. DOC J 4 • latitude be granted to affordable housing developers. However, it i.s also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. At the time of the adoption of the Lionshead Redevelopment Master Plan, the practice of the Town of Vail was to require mitigation of the employees actually generated by a project. Neither the Town nor the Lionshead Redevelopment Master Plan ever anticipated an inclusionary requirement in excess of the new employees generated. As a . result, by providing for housing for significantly more employees than that actually generated by the development, Fogata Lodge has greatly exceeded the requirements and policies of the Lionshead Redevelopment Master Plan. 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. S.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Town of Vail Land Use Plan indicates that "limited incentives" were to be provided by the Town to private entities providing employee housing. In the case of the Fogata Lodge, no incentives were provided. The Fogata Lodge complies with these statements from the Town of Vail Land Use Plan. • { 002 ] 6704.DOC } 5 9. OTH1+~R In 1990, a deed restriction was recorded by the then-owner, Alma Equities Corp, for an employee housing unit of 690 sq. ft. This EHU was required as part of a redevelopment proposal that was never constructed. The proposal included under-grounding the parking, and an addition to the top floor that required a height variance. 7,he rendering below indicates the remodel that was approved, but never constructed, as indicated by the current photo. It was the practice in the late 1980's and early 1990's to require that a deed restriction for employee housing be recorded at the time of issuance of a building permit, prior to construction. This practice created a situation whereby a restriction was recorded, yet the project never commenced. This deed restriction (attached for reference) is one of the older existing deed- restrictions. As set forth in the deed restriction, its removal requires the approval of the owner and the Town Council. As part of its overall housing plan, Fogata Lodge is requesting the lifting of this deed restriction as the employee housing unit was never constructed, nor was the addition that triggered this deed restriction. The :housing plan and all the units associated with Fogata Lodge will be subject to the current deed restriction. Therefore this EHU is not required to be replaced. • r~ U (00216704. DOC } 6 1~ . ~ ,' ~~,R', ~ _ •, . , =- ~1?, rcr• sTr:rcTivE covcr»+NTs ~I ~'~~ • ?~~ - ,)g$ T•tIiEREA5, ALri11 E'QUITIE'S is the owner of the property '~-~1g dQSCribed as: L'Ostello (previously Icnown as t1-e Enzian Lodge) • 705 (Jest Lionshead Circle Vail, Colorado Part of Lot 1, IIlock 2, Vail Lionehead Tliird lriling (ae morn fully sot Forth on the nttached Exhibit "A") 418796 H-822 P-621 02/05/90 14:50 PG 1 OF 4 REC DOC JOHNNETTE PHILLIPS ERGLE COUNTY CLERK, COLORRDO 20.00 0.00 herein referred to as the "subject property"t and ,~ WHEREAS, the owner wishes to place certain restrictions on the use of the subject land for the benefit of the owner and the Town of Vail, Colorado ("the Tot•~n") . NOW, THERErORE, the owner does hereby impose, establish; acknowledge, declare, for the benefit oP all persons who may • hereinafter purchase, or lease, or hold the subject land, the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be binding upon the owner, fts respective grantees, successors, and assigns. i. The subject property has a restricted employee dwelling unit in the approximate size of Six Iwndred ninety ( 690 ) square feet. The restricted employee unit located on the subject property shall not be sold, transferred, or conveyed separately from the primary dwelling unit located on the subject property for a period of more than twenty (20) years and the life of Tiffany Lowenthal, from the date that the •certificate of•occupancy is issued for said restricted employee dwelling unit.• 'l. The restricted employee dwolling unit shall not be leased or rented for any period of less than l:liirty (90) consecutivet and, if it ahall be rented, it s1~111 Ise rented only to tenants who are full-time e: •7loyees of tl:e Uppor Eagle valley. '1'I~e Uppor Eagle Valley shall be deemed to includo the Gore Valley, hlinturn, Red Cliff, Gilman, .,agle- C+t . l~wM•1..~~., . `41B7BB 8-522 P-621 02/05/9@ 14:50 PO 2 OF 4 Vail, and Avon, attcl their surrounding areas, A full-timd employee is a person who works aft average of thirty (30) hours pdr wddk, s. Thd restricted employed dwelling unit ,;hall not be dividdd into any form of time shares, interval ownership, or Praotional fee ownership. • 4. The provisions hdreof may be enforced by the owner and the Town. 5. The conditions, restrictions, stipulations, and agradments contained herein shall not be waived, abandondd, terminated, or amended, except by the written consent of both the Town of Vail and the owner of the subject prvpdrty. TOl•TN OF VAIL, COLORADO /1 , gy; T3onda1l V. P fillips, owrf snags, ACKNOWLEDGMENT e foregoing instrument was ask owl~ad dd beE~~gqr~6,~p~ d this y~• day of ~~a s •~'~', by ~ ~. l'~r~cYl!u~ a ~~ qo .,,. 451 ~ ~ . Notary Public Address Myp~nknh~looaDM~~ ~Si6T ••..•.- ~; 758.F~0~ . ,' nr. ~. My commission expires: PROPERTY O4TDTER ALMA LQUIT ~ ~ 1 "'~~ BY: Lewis FuCte>:m¢n, President ACK11OT•1LEDGED _~7,'ho fo `ego g instrument aras acknowlddged beford me this ,, 19x9, by Is.,~~I'llt,k~lnn ae president: nF /~llllil E~IU~L~CR ' ~' • • ~! I II`~, day `[Votary Pu•kilic ~~ Address N~,yR~+uo~sm-"e`~OI ra" No. 31.4807011 Cdr l~rtd~b~ ExP~~=~'~1.L 1 ";I ~', s, • • • 41 y ` t . ~`-1A799 B-522 P-621 @2/@5/90 14150 PO 3 OF 4 isXIILBIT B i' C 0 ,... G Z' ../ ~i ~y ~~ ~~~ o ~~ a I o~ I 0 ,w'.~ r:- a~ .. ~~ ~ + . ~~ ~ ~ ~ ~ I 1 '~~ -~ ~~ r b _ G ~0. ~ ®~ ~~ i ~~~~ ~ ~~ ~ . ~ ~ .7~c o.~ ..~ . ., ' ~ , ~j ^ ' ' . '' . GXl1I1fIT 'r11'r 418786 6-822 P-621 02/~D5/9flt 14 ~ 50 PO 4 DF 4 THAT PART OF Lod 1, 131ock 2, VAIL/LIONSHEAD, THIRD FYLING, ACCORDING TO THE MAP THEREOF RECORDED IN T1•IE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERIC AND RECORDER, DESCRIBED AS FOLLOFJS : ' BEGINNING AT A POIT•IT ON THE SOUTHERLY RIG1iT OF fVAY LINE OF INTERSTATE HIGHWAY NO. 70 S'JHENCE THE MOST NORTHERLY CORNER OF SAID LOT 1 BEARS N 67 DEGREES 27 MINUTES 11 SECONDS E 1,2,4.99 FEET;•THENCE :LONG SAID RIGHT OF WAY, 150.01 FEET ALONG THL~ ARC OF 3650,00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 02 DEGREES 21 MINUTES 17 SECONDS AND A CHORD THAT BEARS 5 65 DEGREES 17 MI2•IUTES 41 SECONDS ki 150.00 FEET, TO THE NORTHEASTERLY CORNER OF VAIL SPA CONDOMINIUM ACCORDING TO THE 1•lAP T1{EREOF RECORDED IN THE OFFICE OF EAGLE COUNTY, COLORA00 CLERK AND RI:CORDERI THENCE DEPARTING SAID RIGHT OF WAY S 23 DEGI:irES 02 1•SINUTES 46 SECONDS E 178,40 FEET ALONG THE EASTERLY BOUNDARY OF SAID VAIL SPA CONDOMINIUM TO Tl{E NORTHWESTERLY CORNER OF EIdZIAN r1T VAIL CONDOMINIUMS ACCORDING TD THE MAP Tii}s'REOF FECORDI3D IPJ THE OFFICE OF EAGLE COUNTY, COLORADO, CLERK AND RECORDER, THENCE TFIE FOLLOWING NINE COURSES ALONG TH>; laORTHEF,LY, EASTERLY,• AND SOUTI•IERLY BOUNDARY OF SAID ENZIAN AT VAIL CONDOI~IINIUi4S; 1) N GG DEGREES 57 MINU'PI;S 00 SECONDS E 93.10 FEET 2) S 23 DEGRE}'sS 03 MINUTES 00 SECONDS E x4.19 FEET 3) N 6G DL'GRE];5 57 IdINUTES 00 SECONDS E 21, 5D FEET 4) S 23 DEGREES 03 14INUTES.00 SECONDS E 16,55 FEET 5) S 69 DEGREES 49 I•III{UTES 54 SECODIDS E 40.47, FEET G) 7.83 FEL*T ALOt4G T1iE ARC OF A 5.00 FOOT RADIUS CURVE TO THE RIGI{T FIAVING A CENTRAL ANGLE OF 89 DEGREES 44 MINUTES 54 SECONDS AND A CHORD THAT BEARS 5 24 D>rGRL•'ES 52 ilINUTES 27 SECOI~DS E 7 .06 FEET 7) 5 20 DEGREES 00 IdI1•IUTES 00 SECONDS S9 19.02 FEET 8) S 57 DEGREES 5G MINUTES 00 SECONDS Fl 16.91 FEET 9) S 66 DEGREES 57 MTNtJTES 00 SECONDS W 114,60 FEET TO SAID EASTERLY BOUNDARY OF VAIL SPA CONDOMINIUM , TI•fENCE S 23 DIrGREES 02 DiINUTE5 46 SECONDS E 17.38 FEET ALONG SAID EASTERLY BOUNDARY TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST LIONSHEAD CIRCLE; THENCE THE FCLL059ING TWO COURSES t,LOtdG SAID RIGPIT OF WAY; 1) 20.97 FEET ALONG THE ARC OF A 289,00 FOOT i2ADIU5 CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF Ori DEGREES 09 hIINUTES 27 SECODTDS AND A CHORD THAT $EARS S 89 DEGREES 15 MINUTES 51 SECONDS E 20.97 FEET 2) 230.22 FEET ALONc;< THE ARC OF A 150.00 FOOT RADIUS CURVE TO THE LEFT RAVING A CEI.ITRAL ANGLE OF 87 DEGREES 56 IQINUTES 19 SECONDS AND A CHORD TItAT BEARS N 48 DEGREES 50 I•fINUTES 42 SECONDS E 208.28 FEET1 TriEPICE D)rPA12TING uAID RIGHT OF WAY N 79 DEGREES 10 1•SIA'UTE5 53 SECONDS YJ 80.94 FEET; THENCE N 23 DEGREES 02 MINUTES ~,6 SECO1dDS W 210.84 FEET TO TI{E POINT OF BEGINNING. h h C! .~ ~ 'i • • i i~n<oe ~ $lflKtW~ F.IIgI11EGR V.Y • Dm.v • F~ MONROE NEWELL Structural Engineer ~ EAM.ORGANIZATION LIONSHEAD INN, LLC 1 The Wells Partnership 1 ~ ~~ OZ ARCHITECTURE Architect ALPI N E ENGINEERING INC ALPINE ENGINEERING Civil Engineer ~oESisii DHM Landscape Architect ~ > ~ I..n RiIQi Run[ _ ~:~. ABS CONSULTING, INC. MEP THE RANCH HOUSE L I M I E R I O R G E S I G N THE RANCH HOUSE Interiors DAVID L.ADAMS Acoustical Engineer • • • OL ARC H I I EC ~ -1-~~.. ~:. _~ '~~ ~ . _ - ~- `~ ~v+R°~Q +. m '.': -:.'.:.tea ,ei:. ~, ® A,b - ~-LGkt ,O~'G:, LGf~fG'^+ ' • rttkeondge, ~LO ~ ~ ~ ~,W Copper /dountam,-Colorodo~ } SNOWMA~S~L•LAGE ;y7, ~~~it),.~tSu:•~~• BEAR CROSSING .~:~~_~'.ita~1~:~? TORZETTO , ~ s;Y~' •"~.~~ ~.~r, irt~.r~ ~ ~v rrtv~~a. ~ ~ z .. • • • SI I E CON ® VAIL SPA ® VAIL LANDMARK ®CONCERT HALL PLAZA ®MONTANAROS 4 I EX I.IMAGES a I ~ VAIL GLO ® LIONSHEAD INN ® ENZIAN ® RITZ CARLTON ®ARRABELLE ® MARRIOTT VICINITY MAP VI SOLAR SI Y E.ANALYSIS NOISE BUILDABLE SITE AREA PEDESTRIAN CIRCULATION VEHICULAR CIRCULATION ~ ~I I t U I ILId~~ l~~.VIHVI~/-~~'J SCENARIO. I A IB IB IC fi_ IC r~~~ p , .I ,~~ _ I~ ~~ = , '. i~ r,,. . ~~ ~Y~~ ': g~°' ~ ~. SCENARIO. I D ID ID 6 SCENARIO. 1 C SCENARIO. I B ' I A -SITE PLAN IA -VIEW FROM SOUTHEAST ,• ilk ~~~ii5.~i 4~ i ~, ..:. _~ ~-~ .°_ t.,~. ~ . i. AiI ' ~'1~~ ~~ A ~ ~~ ~« ~ ~ F r' - , e :~ ~ ~~~~ :~ ~EW~ NpRT H t ~~1,t yy ,r,{~ t `• ~ ~~~~ v ,,s _ r=~''~ ~":3.r ~r ~~ ~ ;~' ~Y~ ~ ~ ~~~ =``x- ~ .~ r ~~ ~ ~ ~~ ~.~ . ~._" v~E-~ Sp~-rH ~, J ~: ~.c~N i tx i.r N 'r B SI ~ E.LANDSCAPE PLAN NEW SITE W _ ~ - NEW CURB UNE ~ 'EXISTING ~~ rc - ONE PEDESTI -~ I'B~td ~! x >• .Bxrx swt PaI~ LANDSCAPE AREA ow.n~ua uwsurB uh~ - n,Ba.s sr (lx: as Lh) BMBYI~Bf ronrox K OhrlHl LwOSGO[ MEN ~ x,lx).3 Sf (lxi O O~bWt 4MSCYC M[~) wmsu+c rwc. iiwas ~ wiosurc rBBUBi ;ni.x r.,ew.l s (iri V 9h) NOTES r. dnc eu.n.w vh ro x B.urihB ro W Bno. s..sm Ram nivtwa x. w r~aosEn ro c wnsnhB BT W1W~TC 1 MUGI~iOx BKRu LANDSCAPE LEGEND O noauas m¢s } ~ cTaaBOr Wins rcmuous vwuss ®8 Bw~adzx swlaes 7 ma.BmBws~.nhixu.s x~arE mx.Bt Rm PROPOSED TYPEIENTRANCE .- .___..__ f _. _ _.-__ _ - - _ ... _ _ _ _ . _ _ ..___.____.._ V ._ RIGHT ONLY ._+_ _ _ _ _ _ (LOADING DOCK AND ~. ru»~ u _ _. _ FIRE ACCESS ONLY) ' " ~ ' " ~ ~ BREAKAWAY GATE _ (~) BUILDING TRANSFORMERS b,.....~ .. ~ ~ / / r _ iP ATTACHED WALK ..,.». "' --rte ~. ~r .+~~~c~RELOCAJEb ~WITCFIGEARS e~ ~r - _ u.. .__ _ ._ „,. A~ R 'j - _ ~ fly, 7~a. ~~~ t _ .. 1, _ _ ~- - - .d+ - _ _ .__ ~ ~ ~ _ - '°'~ ~ 10'BUILDING SETBACK LINE- ~ - `.~? „~ c.. RETAINING WALLS -~ a Y`'`• ~ - B' HEIGHT .. _ ~ ~~~ ~ S \ W _ LOADING DOCK . ti , i ^~ _ ~.Y~i . `~ ~ ~, ~ ~ ~ _ ~ , J• ~ • C...~....,c ~ ~ PAVER WALKWAYS WITH B' CONCRETE CURB FIRE Pfi ON GARAGE DECK LANDSCAPE OVER GARAGE DECK SOIL DEPTH VARIES 8' TO T HOT TUB ON RAISED DECK OVER GARAGE DECK 1 (1) EXISTING ENZIAN PARKING SPACE, RECONSTRUCTED AS ADA VAN ACCESSIBLE 1 RE......o. ~JCTED ENZIAN WALKWAY ACCESS ~%' ~ RAMPED WALK ~G. ~` . ~ r r~ ' AT GRADE DROP-OFF. ENTRY A - ~ STAIR ACCESS TO RETAIL ' 8' CONCRETE WAIL( AT GRADE RESTAURANT ENTRY GARAGE ENTRY RESTAURANT PATIO DECK I, ~ EXISTING BUS STOP • • • LANDSCAPE.AREA ._~ ~ . OVERALL SITE AREA 68,292.7 SF OVERALL LANDSCAPE AREA MINUS HARDSCAPE PORTION = 14,663.3 SF (21 % OF SITE) II ~~ yl~s''~} ' ~: " ~. j ~, in SELTILAEw:2L^iI "~~:s'P ~~tl OVERALL LANDSCAPE AREA 22,040.5 SF (32% OF SITE) HARDSCAPE PORTION OF LANDSCAPE AREA 7,377.2 SF (33% OF OVERALL LANDSCAPE AREA) GRADING.HISTORIC I ~M~~~R fADUOC~ Si~LA NM[ mPOM~E SYSIDI m1111K i01t Y00/m ~N iWo i M fpOUTC IQIOOC OI/DO ~t mq/.l[o h MGMUIIa NO 0v6 FY/ ~V.YD tY OTQS ~Cf ~rt K OOiK Yllm O nt~ rwoR m~ i w• ,. s 1of ~ 01 uro v~E~ ML ~-~; _ - _---='~~.E-- -~Y _~- _~„ ~r c ~ _ _ _ _ _-_~ _ _,.. ~~ -~ r-- _,~_ 12 ,,, ~' /' ~\ ,\ o ~ \ .-n ' ~\ ~ I ,,\ ~ .~' 1 ,,\ '~ `,\ / O ``~ `~~ o ~'~ IIIII PARKING.LEVEL P3 & P2 --~ ,~_~~ ~~~ ,- ~ ,,, o ~~\ .` ~ , ,,~ .\ •"~ ..~••• ,. ,,,~. ._ ~.~ ~ ~ - ~\ ~\ O ' ~ ``\ F O ~ `,\ . y `,` 0 0 1 ~; C=VERALL PARKING PLAN LEVEL P3 (~OVFAAIL PARKING PLAN LEVEL P2 N. IY~Z ~ LJ6W.lJ 1'T~Z (~ • ,, i ,~ ~~~ ~~~ ~AKICIIVC.a.Lt V tL~' 1 C OVERALL PARKING PLAN LEVEL Pt .. ~. j"I--6~ ,.--~ ~~~ ,- ,~ ,~ ~~~ ~~~ ~~~ ,~ 1 - ~ -~, FLOOR PLAN.LEVEL ,~ ', ~~ ''~~~ ~ ,, ,~ ~,. ~,~ , ;, '~ ~, , ;i~1~ ~~,~~~~ ~ ,> ~~ ~' ,.-- ~.- ~, -- -~~ o ;,,~ .,\ ~`\ ~ ,~ `' ° ~~ `~ ~: ~~ a C n A~a~l FLOOR PLAN LEVEL 1 LIJI• 1~~~ m i ~~ .~ ., ~~ `,; ~. ~1 ~ ~~. I ~, ~~~. . IS -._~_-- • • • FLOOR PLAN.LEVEL 2 & 3 C{1VFR141 FLOOR PLAN LEVEL 2 _ C~veRAU FLOOR PLAN LEVEL 3 S1"'S~~'1 yG is FLOOR PLAN.LEVEL 4 & 5 C n ~~1 FLOOR PLAN LEVEL 4 _~ OVERALL FLOOR PLAN LEVEL 5 _ C r ,. . ~ . 7 ~3RF • • • FLOOR PLAN.LEVEL 6 & 7 C~'~cJ1 FLOOR PLAN LEVEL 8 YIGn r. { OCIYFAPJ L FLOOR PLAN LEVEL 7 6~[W.17 I-I~Z ie FLOOR PLAN•LEVEL ~'B''' ~~~ i -: ROOH PIJ~ LE~~7~ 1 „r..t ,~~--- RpOF PLAN.~VERP~~'- ~. ROOF PLAN.B ~~s~a ~~ ~- _~ -~ CJ L16.auw 22 • • • ELEVA I IONS.EAST/NORTH ~._ 2Ga~- ii64 ~~ ~~ ci4- cl~'~ c~- c~4- ~~.. C BUILOINO A 6 B -NORTH ELEVATION v r. m~Z ~~~~ ____ ~-_ - ' _: ~a cN ifihrin C PI111DlNG A -EAST ELEVATION illl,~ 1! r~~ ELEVA I IONS. PLAZA/SOUTH Ci1GD1! A-PLAZA ELEV~ATI~l -_ _-G:_ - _ -_ __ _ _ - _ __ __ _ _ _ - _- __ _ _ C fl1111D1N0 A -SOUTH ELEVATION W G I! n."r~ 24 • ~ • r 1 ~, x, ~ ., ,w~ ~, ' s, ., .. ~~ . f, ~~ - i ~ ,. t . I~ ~ ~:~ ~. ~ ~~ ~ ~ ' ~~ r 3 ' s } ~_ e_ ~ t ,_ .. `' ~ ~: EAST 6f 11fNliFfilllF D)0~7 Pit tI1RNiTLI ! i7nn1 nn nC it nr a • • • .MATERIALS f~i: ~ii E. ?^1.~:: ~ ..~.r.,;.. r ~_- ....... C.i ., ~r.® ~'" . £ ~~ :.,. ,: ~ ~~ Sa ~ fit r ~k 3~ ~~~ ~ „fy; - ".~..~... .MAP ~~ ~~F,::,F ~: .. ,.. „~; ~ p _ G A T ~.:,.: 02 ARCHIiEC1URE ~~•'2001 PfC SUSHIITAL I l70D4_~0 D5.14.0} ~~ PERSPECTIVE FROM NORTI-i.AFTER l .PERSPECTIVES PERSPECTIVE FROM SOUTH.BEFORE PERSPECTIVE FROM NORTH.BEFORE PERSPECTIVE FROM SOUTF~.AFTER • • • °~,~~N,_~.~~~.~E .SECTIONS ~T______ ~T==~==-=-~--, ---.~ -i~ ~' ' ' ' 11,1 ,. I I ~~~ ~rU'l1'!yG SECTION n car - - ~~ ~~T _ rl~~ - - F--~ I I 1 1 ___~~ I-_-__~ ~ yy____~IFU~ I ~I -_-_ _-_ ~~ _-_~pyQ -.~- BU~JD NG SECTION ~SUIT~]i SECTION ~1BUILDI ~ SECTION C'~ `P'A" ~... ~ ~. .. .._ SURVEY.EXISTING ~- - ~,~ I"-.. . O FXLST O SURVEY PLAN 3nM" 1~,:'L _..-~nrnr i...... r ~~ .... --- roracrtumic uw A PORTIO F~I,~BLOCK 2 VAIL/LIONSHEAD, THIRD FILI ~~_ ~rafG~ av vex, cdoarrro~-s~ sT~re ar caai~oo sneEr ~ a t -~`_ 30 • • • LIONSHEAD INN.AS-BUILT PLANS imniom ~m ~~ b .~..., ~.~~ ~ .,~ ,, ~. ..,, n ,.,, W~M4 I 14N1 ~ ~ ~ C=.~- SHEAD INN CALCULATIONS •~ SECOND AND THIRD FLOOR PUN C .... C FIR,ST~OOR PUN m C F()IIRTH FLOOR PUN VAILGLO.AS-BUILT PLANS ~~o o O O O m..~ ~- M- - -~ O F(R,CT BOOR PLAN (j~ I I I I F~H-I I I I I -~ 1 1 1 1 1 1 III III III ~ 'III III /1=EC AND THIR FLOOR PLANS i Ifllll+l , IIIII IIII~I r~ C PENIHnUSE FLOOR PLAN (~ 6.W ~J ~( wa~aorn ~lola~os I r~a.ew unwa wu ru I ~ w ~~: il~ all ~ I ~ll~ I.MI IAII 1'I.W OVsA-L GLO AREA CALCULATIONS 7~ ~1 FfH~RTH FLOOR PLAN • • • GRFA PLAN.LEVEL ,.--~ --- l,, ,. _ ,,. -.- --~ Ili i' ~ 000 ~~ ,\ \ 8101 ~ ~l\ y; i 1 \ ,l\ 8102 I ~ /' i ~,\ j _ 1 '1 ~ ~ ,\ ~- ~_~~ ,~ ~~ ll\ J .`\ ~~\ I o ~~ 1\ ll~ ,\ .\ l ~ l\ 0 1 \ 0 0 `\ odslrr ~ Howl - uoa+ wits LOCk OAS TMisINIIE cvA LEVEL 1 Lffl If /f fYETGT~L I /{.lil I f,ifi l1,iN Il1,IN C~wRI l GRFA PLAN LEVEL 1 (~1 LsEVEL 1 GRFA CALCULA710NS G. m~L T l_l GRFA PLAN.LEVEL 2 & 3 C=VERALL GRFA PLAN LEVEL 2 d ~ aRrw aaA oerR Tow IISMf LOO( OAS TRkf1NRi GRFA lML I SJ)f If.F11 ]].Wi fUfTOTRI µW I,fSI ]f,fM IIf,IN C LEVEL 2 GRFA CALCULATIONS O=VERALL GRFA PLAN LEVEL 3 l~L~l .~~ _~~ _~ aurm] ]narows Telis]uRi aRrA LlY6l ]f.NF 1.NL 1.1FS 15.130 fY~TOTLL N,IfI i,Mi lf,ffF Yf,IN CLEVEL 3 GRFA CALCULATIONS 34 • • ~ ' 7 GRFA PLAIak.LEVEL 4 & 5 C OVEMLL GRFA PLAN LEVEL 1 r. o l.a]1.~R _~~. _~. ®~. l]IIfl1 OIIF~ OFFS TOTK UNRf lOQ OAS TMEfiMRl GRFA LLYFI ~ lFeo+ 1.)u i.ns n.uF Su~rOTU FS.10 I.n] Y,WF WAIN C LEVEL 1 GRFA CALCULATIONS OVERALL GRFA PLAN LEVEL 5 _ r-rr~ FiB]FRFIR _~~. ®,~ ®~ ]MRS lOlr( ORS TMifiMllE G11U1 lfYnf lOS)0 SSSF ]SJ]) su~roru u.la f.Fn ]F,Fn uF,la C LEVEL 5 GRFA CALCUUT10Ns -) .. , ~ .. C~itFA F'L_Ah~IC,.LEVEL 6 & 7 COmVERALL GRFA PLAN LEVEL a _mm-y ~ '~ f'T"~1 YG o~uR _~~. _,~ OILFA CIIfA 011fA TOTAL I UNITE lOClt OHS TM[SMME O~fA LITELa u,ns am Tesas 1 lYETOTAL f1.ln !,m ]f.NT LN.IM ~~EVEL B GRFA CALCULATIONS ~~ OOVEfiALL GRFA PLAN LEVEL 7 _mm w .. ~"!•-b~ ~-~y I I O~FA O~FA O~FA TOTAL LEVEL 1 I UNITES LOCH OfK Tf1EOMEE 0~'a ' fUfTOTAL M,IN f.ftl A,Nf IH,ILE CLEVEL7GRFA CALCULATIONS .::_ _.. .r.r. .~ ~a.A, w.:.S ..r`,.. _ s ., . -: ,..,max. ~ . - _ , 96 'n s: aLEar.~ r • eaa'na~.~us I~. ,.._.._, __~... ~~ i ,. ro»v of v~ '~t THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Gommission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June Z Z, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson 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 (Fabulous Vail Glo), 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 A request for final 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 private parking lot, located at 701 and 705 West Lionshead Circle (Lionshead Inn)/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 A request for a recommendation to the Vail Town Council for an amendment to the Vail .Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther • Attachment D A~'~I 1 ~l~'~` ~i Page 1 ~~ A request for a recommendation to the Vail Towri Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) C)istrict, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Applicant: Town of Vail Planner: George Ruther A request for a final review of a conditional use permit, pursuant to Section 12:-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, far information. Published May 25, 2007, in the Vail Daily. • Page 2 1978 • • • 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 5/25/2007 and that the last publication of said notice was in the issue of said newspaper dated 5/25/2007. i In witness whereof has here unto set my hand this 7th day of June, 2007 ..-t _ i~ f/, Publisher/feral ManagerBditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 7th day of June, 2007. ~( ~? e ~ --~,~~ ''' mot' Q ~~ 'o ~ i . ,~, ' ~ Pamela oan Sc Itz ~~~~ s ~ Notary Public ~. ~. My Commission expires: ~To~r ~, 2007 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING HOLIDAY - NO MEETING May 28,2007 Community Development Department Published May 25, 2007, in the Vail Daily. 2007 • • 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 6/8/2007 and that the last publication of said notice was in the issue of said newspaper dated 6/8/2007. In witness whereof has here unto set my hand this 19th day of June, 2007 ~ ~~~ ;,,.- ~ Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 19th day of June, 2007. _~ ~ C ~.~c~-~+ ~ i / y ~~~ ~ . '~=~}£'~ ~ .Pamela Joan Schultz ~' .~ Notary Public ~:1 My Commission expires: November_ 1~, 2007 i • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING June 11,2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENTMEMBERS ABSENT $I}e y)413a: 1.FOtato Patch Clubhouse - 950 Red Sandstone Road Driver: Warren 10 minutes t.A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, ' Vai! Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B ((Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant:Booth Creek Mahagemenf Corporation Planner:Bill Gibson ACTION: MOTION: SECOND: VOTE: 10 minutes 2.A request for a final recommendation to the Vail Town Council for an amendment to the Vail Land U s e Plan, pursuant to Section 12.3-7, Amendment, Vail Town Code, to allow for the identification of the prop- erty commonly referred to as 'Timber Ridgge "Apartments" as a future location for affordable housing, lo- cated at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (EC07-0030) Applicant:Town of Vail Planner:George Ruther ACTION: MOTION: SECOND: VOTE: 15 minutes 3.A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1200 North Frontagge RoadlLots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Appplicant:Town of Vail Planner:Gearge Ruther ACTION: MOTION: SECOND: VOTE: 10 minutes 4.A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office lo- cated at 616 West Lionshead Cimle (Concert Hall Plaza Builditlg), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant:Vail Resorts, represented by Jay Peterson - Planner.Bill Gibson ACTION: MOTION: SECOND: VOTE: 10 minutes 5.A request for a final review of a conditional use permit, pursuant to Section 12-7H3, Permitted and Cond'nianal Uses; First Floor ar Street Levei, Vail Town Code, to allow for a temporary business office, lo- cated at 450 East Lionshead Circle (Treetops Building), Lot 6, Vaii Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant:Vail Resorts, represented by Jay Peterson Planner:Bfll Gibson ACTION: MOTION: SECOND: VOTE: 10 minutes 6.A request for a final recommendation to the Town Council for a prescribed regulations amendment, pursuant to Section 12.3.7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15 % to 20 % ,and setting forth details in regard thereto. (PEC07-0013) Applfcant:Spratldle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehran and Associates Planner. Warren Campbell ACTION: MOTION: SECOND: VOTE: 15 minutes 7.A request for final review oT an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to pplatted gross residential floor area and site coverage limitations, located at 914 through 1328 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details m regard thereto. (PEC07-0014) Applicant:Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehran and Associates Planner:Warcen Campbell ACTION: MOTION: SECOND: VOTE: ' 20 minutes 8.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 Filingg 3, and setting ffoorth details In regard thereto. (PEC07-0027) A plicem:Lionshead Inn LLC, represented by Maudello Planning Group LLC Planner: Warren Campbell ACTION: MOTION: SECOND: yOTE: 9.A request for a work session fpr review of conditional use permits, pursuant to Section t2.7H-3, Permitted and Conditional Uses, Firet Floor on Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-fam(Iy residential units on the first floor, and ppuursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Buiktinp), Veil Town Code, to allow for the development of a private parking lot, locate y!(Op1U0 Clyde and Lionshead Inn Annex (Fogata)/Lot 1, Block 2, Veil Lionshpa* SAItRIQR pWn~iO.. (PEC07.0028) Applicantal. i +., ! `teN,. , ~ , by MattrlaNo PNutrWp t3totrP LLLf9- Planner: Warren Camptreil ACTION:Table to Juns 25, 2007 MOTION; SECOND: VOTE: my ~~ ~ ~~~ o ~ Srny rn c~ ~ ~ .rn N y J J y L C N (p N Om0 d CN~3p ~ Z ~ oE~._ a a d) ~N Of CS nLL ~ ~ C ~'~~' ~ ~~«~ is gc C ~ ,UN~cO „V-_ a V y a ~,n ~' ~o .~~~ o 'a~EN c -ern «'o d o c -- e ~ ct '~ mY^ o ~3C ,y dE o r ~o ~ acorn e mNCA T ~G41~ N }mc a .~~.'- t C d) Cy, d~ N W E>m ~ yE~d ~€ a 1°a~a me i!y~ y ~> W c c. m d d °mn o nOo~ n~ c y~ ~ y;a ~ «'cca d~- N~ N ~N~ JCL ~d ~ ~ES« mE a ~dv a`"i ~otiv >c y0 c~~-~E gg~ c o~aa y~ c~ ~~~gb F ~ m> m c= ~m am d> o « mt c.:> ~W $W 111 ~o«~ ~ip~ c r ~ 3cqao~E~ c~m~ m nrng ~CJ O; ~2 j Z yt°E ~a ~,ti wO O~~~NN OV ~ NW Did N(~ ~ ~? m ~>y°'QQ->.3HU? iy m Ey ~5.Sj rn~ i"~ c 'o `~'c~ ° ~ ~2 a°m c c °'srnd~~<~ ~~ ~ m~ H o ~~ ins ~a 1974 • • 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 5/11/2007 and that the last publication of said notice was in the issue of said newspaper dated 5/11/2007. In witness whereof has here unto set my hand this 7th day of June, 2007 ,~ /11i / 1~ ~u fisher/Ge~kal Manager/Editor Subscribed and sworn to before of June, 2007. My Commission expires: notary public in and for the County of Eagle, State of Colorado this 7th day (~ ,~~ Pamela Joan Schultz Notary Public ~~ REM MAY APF'ECT YOUR PROPERTY PUBLIC NOTICE NOTICE fS HEREBY GIVEN that the Planning and Environmental Commission of tt~e Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on May 28, 2007, at Y:00 pm in the Town of Vail Municipal Building, in con- sideration of: HOLIDAY - NO MEETING The applications and information als are available for public in about the propos- hours at the Town of Vail CornmunityurpeVelo~pe merit Department, 75 South Frontage Road. The public is invited fo attend project orientation and the site visits that precede the public hearing in the Please caailg 0 479 2~38for adtliti~onDaePnfonrmat- tion. q es a with 24--hour notif ca[ on IlaPlea~ call 970-479-2356, Telephone far the Hearing Im- paired, for information. Published May 71, 2007, in the Vail Daily,(329633) ~ 1981 • PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. • THIS REM MAY AFFEf`T YOUR PROPERLY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that ting and Environmental Commission of the Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 11, 2007, at 1:00 pm in the Town of Vail Municipal Building, in con- sideration of: 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 5/25/2007 and that the last publication of said notice was in the issue of said newspaper dated 5/25/2007. In witness whereof has here unto set my hand this 7th day of June, 2007 ~ `, ~/ /` `~ Pu~li~/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 7th day of June, 2007. !~0,~•~tY •PU~~i ~'i • • ~• d ~t~E~ J. w ~ se~u~n ~, I' t A •ra -ta••ta •••••• My Commission e~p,>,~ _ _ 1, 2007 _ ~~ ~~ Pamela Joan Schultz Notary Public A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business of- fice, located at 950 Red Sandstone RoaQ Units 43, 44 and 456 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth de- tails in regard thereto. (PEC07-0026) Applicant:Booth Creek Management Corporation Planner:Bill Gibson A request for final review of a major exterior after- anon, 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 (Fabulous Vail Glo), lo- cated at 701 and 705 West Lionshead Circle/Lot t, Block 2, Vail Lionshead Fif+nngg 3, and setting forth details in regard thereto. (PEC.07-0027) Applicant:Lionshead Inn LLC, ,~,..~~,..ed by Mau- riello Planning Group LLC Planner.Warren Campbell A request for final review of conditional use per- mits, 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 untts, and multiple-family resi- dential units ort the first floor, and pursuant to Sec- tion 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 pri- vate parking rot, located at 701 and 705 West Lion- shead Circle (Lionshead Inn)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in re- ggard thereto. (PEC07.0026) Applicant:Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planrrer.Warren Campbell- A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, td allow for the identification of the property commonly referred to as "Timber Ridge Apartments° as a future location for affordable housing, located at 1260 North Frontage Road/LOts C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) ApplicanY.Town of Vail Planner.George Ruther ~ A request for a recommendation to the Vail Town Councrl for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, VaN Town Code, to zone the property commonly re- ( ferred to as "Timber Ridge Apartments' to the Housing (H) Districl, located at 1260 North . RoadM1Ats Ct, CL, C3, C4, and C5, Lions Ridge ~ilirr~~gg 1, and setting forth details in regard thereto. (PEC07-0029) ApplicaM:Town of Vail Planner:George Ruther A request for a final review oT a conditional use pernrt, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Stree[ Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant:Vait Resorts, represented by Jay Peterson Planner:Bill Gibson A request for a final review of a conditional use _ ,.~. -... ~.. .,...u.., t~ adddional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. i Published May 25, 2007, in the Vail Daiy.(35528t ) • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~. June 25, 2007 TC?iI~i0FyA1f, • 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME • • MEMBERS PRESENT Bill Jewitt, Chairman Dick Cleveland Anne Gunion Rollie Kjesbo Michael Kurz Bill Pierce David Viele (arrived at 1:15pm) MEMBERS ABSENT No Site Visits 15 minutes 1. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, 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: Tabled to July 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 15 minutes 2. A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Gunion VOTE: 5-1-0 (Cleveland opposed) CONDITION(S) The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may Page 1 include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the • use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (COOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access tl~e South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. • 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction witi~ the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior io requesting a temporary certificate of occupancy, or a final certificate of occupancy. • 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Page 2 Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak • increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial secoarity for 125% of the total cost of the required off-site public improvements. "'fhe bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district vuithin the time limits imposed, the approval of said special development distri~~t shall be void. The • Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12- 9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by e~cecuting appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one- bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2occupants; atwo-bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in fluor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be execute) and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy i`or the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. • 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail Page 3 space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the • Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a ~•ertificate of occupancy in order to allow effective sales of dwelling units on-site. Warren Campbell made a presentation per the staff memorandum. The Commissioners generally expressed support for the proposal and staff recommendation Bill Pierce stated that typically he would have concerns about adding dormers to an already large and bulky building, however, he felt the proposed dormers may add some interest to an otherwise gigantic roof, and he is ok with this change. Dick Cleveland expressed his concern about additional bulk being added to the building with the proposed dormers. There was no public comment. 60 minutes 3. A request for a work session to discuss the development review applica'~ions necessary for the review of the redevelopment of the properties known as "Ever Vail" (1/rlest L.ionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, ar~d setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Maurielio Planning Group LLC • Planner: Warren Campbell ACTION: Table to July 9, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing Vail Resorts Development Company, introduced the members of the team that would be presenting at the hearing. Midge McCauley, marketing consultant to the applicant, made a presentation regarding retail demand and market overview. She detailed the types of retail anti food and beverage opportunities for the project. It was discussed that the niche that Ever Vail would be going after would be the younger "savvy" guest. It was also discussed that the retail mix should include stores that would appeal to year-round residents in order for there to be year-round viability. The marketing study concluded that approximately 80,000 to 120,000 square feet of retail/commercial space should be included within Ever Vail. Dick Cleveland asked if Vail Resorts would retain ownership of the retail s~~aces within Ever Vail. Tom Miller, Vail Resorts Development Company, said that VRDC will o•~Nn all of the commercial tenant space, and will require tenants to operate year-round. He also said that office uses will exist throughout the development; however, studies for office have not been completed. Dick Cleveland asked about loading and delivery and added that it will be important to have a common loading and delivery system to avoid the problems we are trying to solve in Vail Village and Lionshead. Page 4 Tom Miller said that VRDC has hired a consultant for loading and delivery. Jim Lamont asked whether Midge McCauley had reviewed a North West Council of • Government's (NWCCOG) study that reviewed the impacts of second homeowners, as that study showed that second home owners had a greater impact on the economy than her study. Midge McCauley responded that she had not and that it is likely that second homeowners may have more impact than her study, however, her study focused on Vail not the Valley as a whole Jim Lamont asked whether nightclubs would be included in the project. Midge McCauley responded that the project wants to have all commercial open during daytime business hours. Nightclubs may be part of the project, but would be part of a daytime operation like a restaurant. Tom Miller responded that nightclub owners who have been approached by Vail Resorts Development Company have said they are concerned about the Town's noise ordinance. Michael Kurz, pointed out that there are several kinds of traffic. There is vehicular traffic and there is retail pedestrian traffic. Getting guests from Vail Village and Lionshead to Ever Vail will need to occur through pedestrian circulation design not vehicular traffic. Bill Jewitt asked how many potential retail spaces there would be within Ever Vail. Midge responded approximately 50-60 stores. He further asked if the conclusion from Arabelle and Ever Vail market studies were the same. Tom Miller stated that the results were a little different based upon the market goals they were • going for, however, both studies resulted in the identification of approximately the same quantity of supportable area of retail and restaurant. Bill Jewitt expressed concern about the arriount of commercial getting ready to come on line in the next 5 years with the projects currently entitled and under construction. He questioned if pedestrians would go to Ever Vail given that discussions in the past centered around concerns regarding distance. He concluded by stating that with approximately GO retail spaces, Ever Vail will become a portal and not consistent with the original thinking that Ever Vail will not be competitive with Lionshead and Vail Village. Dick Cleveland expressed concern that the retail planned for Ever Vaif is high end and in order to be successful there should be affordable stores for locals to ensure year round success. He also expressed concerned about the loss of a place like 8150. Bill Pierce expressed that he too was concerned about the loss of a night club in Vail. Both Commissioners pointed out that there was a live entertainment solution being constructed in Solaris; however, it would likely not be quite like 8150 was in the past. Tom Miller and Midge McCauley stated that high quality store, such as those suggested, did not necessarily equate to higher prices. The goal of the overall retail/cerrrrr}ercial mix would be to provide a spectrum of price points to make the retail viable year round. Tom Miller gave a presentation of LEED design and building "green". He stated in his presentation that several of fihe reasons Vail Resorts Development Company was interested in participating in the LEED program was their desire to be industry leaders, to catch up to some of • the competition who were already building "green" buildings, and to appeal to the guest of today and the future who would make vacation choices based on environmental issues. Page 5 Steve Hartman, with Callison Architects, gave a presentation on the architectural and site plan impacts of building under LEED design. An example given was that the four sides of a building . may look different in order to take advantage of things such as solar exposure and sustainable landscaping to reduce the need for irrigation. The use of local materials such as recycling of materials but limiting the amount of materials being transported long distances. Jim Lamont asked what role the Federal Government plays in the approval of the South Frontage Road West realignment. Dominic Mauriello explained the role of the Federal Government as it relates to the realignment has to do with the width of the proposed right-of-way for the relocated South Frontage Road West and the "A-Line" location. It was explained that the "A-Line" is a line which the Federal Government uses to prohibit any development/encroachment past. It vvas painted out that in this stretch of Frontage Road the "A-Line" was much further from the edge of the interstate right-of- way than in other locations in Town. Barbara Blundell, Director of Sales and Marketing for VRDC, wanted to address concerns from the Commission at a previous meeting regarding dilution of the Vail brand with what was being proposed in Ever Vail. She explained that the guests to Vail are very savvy and by doing environmental building and other aspects of Ever Vail they hope to market Vail into the future. 4. 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 end 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details ire regard thereto. (PEC07- 0027) • Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to July 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 5. 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 To~.vr~ Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family ~~esidential 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 Cade, to allow for the revelopment 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 July 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 6. A request for a final recommendation to the Vail Town Council fog an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendment, Vail Town r:;ode, to allow for the identification of the property commonly referred to as "Timber Ridge N~~artments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail • Planner: George Ruther ACTION: Withdrawn Faye 6 7. Approval of June 11, 2007 minutes MOTION: Viele SECOND: Cleveland • 8. Information Update 9. Adjournment MOTION: Viele VOTE: 7-G-0 SECOND: Kjesbo VOTE: 7-d-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. /Community Development Department Published June 22, 2007, in the Vail Daily. • • Page 7 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town . Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, whit conditions of the applicant's request for a major amendment to Special development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. ll. DESCRIPTION OF THE REQUEST • The applicants, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units. In addition to this change there are several small dormer additions to the roof of the structure. Special Development District No. 39, Crossroads, was established by the Town Council on the recommendation of the Planning and Environmental Commission on March 21, 2006 to facilitate the redevelopment of the existing Crossroads site, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. The applicant is still proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed development site is located in the Commercial Service Center (CSC) zone district. As such, development on the site shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC} District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 75 to 77 and the retention of the incorporated five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (55) which is 30 dwelling units greater; • No change in the approved Gross Residential Floor Area (GRFA) of 198,859 square feet; • No change in the approved commercial/retail floor area; • A decrease in the number of excess parking spaces to be included in the private parking club from 84 to 81 as the two new units require three (3) additional spaces. A reduced copy of the floor plans and elevations dated May 28, 2007, have been attached for reference (Attachment A). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No. 39. Crossroads to allow for an increase from 75 to 77 dwelling units dated May 2007, is attached for reference (Attachment B). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units). III. BACKGROUND • • This property was annexed into the Town of Vail by Court order on August 26, 1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads property is one of three properties zoned Commercial Service Center. The other two properties are the Gateway Building and the WestStar Bank Building, both of which are Special Development Districts. • On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review of the proposed Crossroads development. Staff recommended that the option of looking at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process and to not take a look at amending the Commercial Service Center zone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. • On January 9, 2006, the Commission held a work session to discuss the need for any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in • the vicinity. • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Niels and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits fora majorarcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; aprivate club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006, the Town Council on second reading of Ordinance 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. • On April 3, 2007, the Town Council adopted Ordinance 10, Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Discussion of the first reading of the ordinance focused on the changes being proposed and the appropriate number of additional employee housing beds to require. The motion which passed incorporated the Planning and Environmental Commission's recommendation that • the total number of employee beds to be provided be increased from 12 beds to 22 beds. IV. ROLES OF REVIEWING BOARDS Maior Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Plannino and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Desian Review Board: The DRB has no review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. . Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the • review process. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Villaoe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain • amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can betaken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note That the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this . 4 • application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. If is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out" • #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill may be done a number of ways, it is the overall intent to replace existing surtace parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged fo reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoning Regulations Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping . and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of 5 the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and fo maintain a convenient shopping center environment for permitted commercial uses. Article 12-9A: Special Development (SDD) District (in part) VI. Section 12-9A-1: Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use: to 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 areserve the natural and scenic features of oxen space areas: and to further the overall goals of the community as stated in the Vail comprehensive clan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of Phis article. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. January 15. 2007. Proposal Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Site Coverage: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 47.5 D.U.s 46,051.6 sq. ft. (40%) 86,346.8 sq. ft. 28.4 units /acre 75 D.U.s 198,859 sq. ft. (172.7%) 107,772 sq. ft. • • • • U • (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) Parking: 215 spaces 299 spaces (84 surplus spaces proposed to be in private parking club) Mav 28. 2007. Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0'~to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.1 units /acre 47.5 D.U.s 77 D.U.s GRFA: 46,051.6 sq. ft. 198,859 sq, ft. (40%) (172.7%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% Iota( site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 73,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) 7 Parking: 215 spaces 299 spaces . (81 surplus spaces proposed to be in private parking club) VII. SURR~ North: South: East: West: DUNDING LAND USE Land Use CDOT ROW Mixed Use Public Parking Mixed Use 5 AND ZONING Zoning None Commercial Core II District/Public Accommodation General Use District SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development • District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District (SDD). The development plan shall contain all relevant material and information necessary to establish the parameters to which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reaardina Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. • • In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 75 to 77 and add the addition of several small dormers on the roof. These changes are accomplished within the approved bulk, mass, and height of the structure. The increase in the number of dwelling units is accomplished by turning two, 2- floor units into four, one-floor units. There are no changes to the approved heights and setbacks of the structure. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre • per the underlying Commercial Service Center zoning. The applicant is proposing a density of 29.1 dwelling units/acre with 198,859 square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed $ dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD #6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD #6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. Staff showed how the GRFA being proposed was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. Staff believes the proposed Crossroads redevelopment complies with this portion of the criterion as the proposed public benefits outweigh all deviations proposed. EmQlovee Housina Reauirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing • affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff • in the past to evaluate employee hausing needs. In the time since the last major amendment to SDD No. 39, Crossroads, was approved, the Town Council has adopted Ordinances No. 7 and No. 8, Series of 2007, which have established an employee housing mitigation requirement for both commercial linkage and Inclusionary zoning. The following is an analysis of how the currently proposed Solaris would be reviewed under the new regulations. However, the changes proposed in this major amendment to increase the number of dwelling units from 75 to 77 would not generate any additional employee housing requirement as the approved GRFA and commercial/retail floor area is not increasing. i. Existing Requirement for Solaris 22 Employees -mitigation negotiated as part of the DIA II. Net New GRFA for Solaris A. Residential Increase =Inclusionary Zoning Increase in GRFA from 25,385 sq. ft. to 198,859 sq. ft. = 173,474 sq. ft. increase Inclusionary Zoning requirement = 10 percent of net new residential sq. ft. 173,474 sq. ft. x 10 % , 17,347.4 sq. ft. required deed restricted employee housing B. Possible Methods of Mitigation for Inclusionary Zoning On-Site Provide on-site deed restricted units of at least 17,347.4 sq. ft. 2. Off-Site Provide off-site deed restricted units of at least 17,347.4 sq. ft. 3. Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of 17,347.4 sq. ft. x $236.65 / sq. ft. _ $4,105,262.21 4. Dedicate land to the Town of Vail suitable to develop at least 17,347.4 sq. ft. of units. Requires Vail Town Council approval 10 • III. Net New Commercial Sq. Ft. for Solaris A. Commercial Increase =Commercial Linkage Commercial Linkage requirement = 20% of net new employees generated 1. Increase in Retail sq. ft. from 22,116 sq, ft. to 36,336 sq. ft. = 14,220 sq. ft. increase 14,220 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = 6.8 employees to be provided deed restricted employee housing 2. Decrease in Office sq. ft. from 20,000 sq. ft. to zero sq. ft. = 20, 004 sq. ft. decrease 20,000 sq. ft.11,000 x 3.2 employees (Business Office) x 20% mitigation _ (12.8) employees -credit 3. Increase in Eating/Drinking sq. ft. from 13,550 sq. ft. to 22,779 sq. ft. = 9, 229 sq. ft. increase • 9,229 sq. ft. / 1,000 x 6.75 employees (Eating/Drinking) x 20% mitigation = 12.4 employees to be provided deed restricted employee housing 4. Decrease in Bank sq. ft. from 2,750 sq. ft. to zero sq. ft. = 2, 750 sq. ft. decrease 2,750 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation _ (1.4) employees -credit 5. Decrease in Grocery sq. ft, from 6,240 sq. ft. to zero sq. ft. = 6,240 sq. ft, decrease 6,240 sq. ft. 11,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation =(2.9) employees -credit 6. Total 2.17 employees to be provided deed restricted employee housing • 11 B. Possible Methods of Mitigation for Commercial Linkage 1. On-Site Provide on-site at feast a 438 sq. ft. studio unit and pay a fee-in-lieu for the remaining .92 employee requirement Provide on-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide on-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 2. Off-Site Provide off-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide off-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 3. Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of • 2.17 employees x $131,385 = $285,105.45 4. Dedicate land to the Town of Vail suitable to develop at least a 788 sq. ft. unit. Requires Vail Town Council approval According to the calculations above, the project, if reviewed under the current regulations as a new project, would be required to provide 17,347 sq. ft. of deed restricted employee housing per the options listed above and provide employee housing for 2.17 employees per the options listed above. In previously amending SDD No. 39, Crossroads, the Town Council required the applicant to provide twenty-two (22) employee beds. Staff recommends that this number of employee housing units not be increased as there is no increase in GRFA or commercial floor area with the proposed amendment which would require an increase the number of employee housing units to be provided. Staff would suggest the following language be forwarded to the Town Council. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: aone-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of 12 floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. Staff believes that the proposal complies with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 218 spaces. The applicants are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 81 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains an ice skating rink. • In order to establish a private parking club offering parking spaces, the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is approvals to establish an 81 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum to the Planning and Environmental Commission dated February 26, 2007. The applicant is proposing to utilize all of the 81 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The applicant desires to maintain ownership of the parking spaces to avoid not having enough parking for the retail, restaurant, and office uses if the project becomes as successful as anticipated. There is a possibility that as various tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of restaurant spaces will become areas not assessed parking. An analysis will need to be run as each tenant goes in for building permit and as tenants change out in the future. The applicant can return before the Commission at a later date if additional surplus parking is created based on tenant make-up to amend the conditional use permit. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town • policies and Urban Design Plan. 13 In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and • should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan"land use category. • Pursuant to the Plan, the "Vail Village Master Plan" land use category description, 14 "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specifically in more detail. " Staff believes that the application complies with the goals and objectives identified above. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goal #2: To foster a strong tourisf industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to befter serve the needs of our guests. As discussed in this section of the memorandum, staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the . property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. (n a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. Following the review of the plans, the Public Works Department forwarded their written final . comments in a memorandum, dated January 16, 2006. Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to 15 address if the applicants receive approval of this request. To require full compliance at this • time would thus be inappropriate. A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment C). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS) A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS remains at a level of C. The overall impact on Village Center Road's north bound left turn lane is a queue increase of 15 feet in length to 40 feet in length. Staff believes that it will be imperative to assess the applicant a fee of $6,500 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results in an impact fee of $526,500. The Public Works Department is still working out the final details of the revised traffic report with the applicant and believes the peak net trip increase may go up slightly based on the specific uses which will eventually occupy the commercial/retail space. The applicant has agreed that prior to requesting a temporary certificate of occupancy or certificate of occupancy that a revised traffic study will be performed based on the use and square footage of each use within the commercial/retail spaces of the project. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. • The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink in the winter and apop-jet water feature in the warmer months. The approved plaza has been reworked to address Design Review Board input since the Planning and Environmental Commission recommended approval of the establishment of SDD No. 39, Crossroads. The planter bed locations and the landscaping to be planted in each have been carefully selected in order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, 16 to allow for an increase in the number of dwelling units from 75 units to 77 units and the addition of several dormers, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose.to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39. Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 172.7% of /of area, additional thirty dwelling units over allowable (at 29.1 units per acre fofal) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. i That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's requests, staff recommends the following conditions: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the playa and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. • 17 The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, priorto submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio • communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still influx the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip is • generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall • conform to the following floor area requirements: aone-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices maybe allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. 19 X. ATTACHMENTS • A. Reduce plans of the proposal dated May 28, 2007 B. Application for a Maior Amendment to Special Development District No. 39: Crossroads, to allow for an increase from 75 to 77dwelina units Dated May 2007 C. Public Works memo dated January 16, 2006 D. Public Notification r1 f~ • 20 • ~ N p Q ~ O Q m N K ti C n 7 V N U m J O D ~ N ~ ~ O 0 '~ Q Z ~ U 3 ° W U R O O I- ~ o D fA ~ ~ Z F- Q W ~ ~ ^O Z W W~ a°~ ~a O °' 'a CQ G a E s A Q • ~. O ~~ ~ ~ ~\ ~ ~~ ~~ oG ~s w ~ U g ~~~~ ,~ _ ~ -~ ( y o~ U w Z 2 aQ 8 ~ ~~ ~a r4 O~ • • g~ o~ • N p V 4 ;` a .~ / r I\ ~ °G CJ w W ~ > a ~U Z mQ <~-' '0 t~d 4. .. S> Z.. $~ • 1 1 I (/~ gs 1 ~> ,\ _ ~ \ _ _ r~_~. i~.1 I an~ao aaurao coin 1 ~ ~; ,~ ~ ~, ~-- ~~ ~ ~ ~ of n.~.iv 'YC~ rifLy~p'~~~~_-- ~ ,<-~,. r~y ~Y:,~~ ~~. +s~. ~ ~ i* ~ ~ \' u ~~.1 ~.~ 'tiL-R r"~ tl~ Y ~ , -.~; ~, ~t j' 1 °~.~"~ i la ~~ ~ 4 y _ ~ ~ ~s ': ~ ,~ ~ ~ 1 , + i - ~ , I ~ .T ~ I ,I ~ r ~ 1 ~ l l_- ` ; ~~ ,~~-- ~ + , stn } ~ o ~~~ ,~~ ~ \ 22~~ ~~ ~ t , 1 , ~ ~'1 i ~ ~ , - ~I ~ V ~ ~ =-yyl' ' ~~ ~ ' f fit` `~ F ~ i ' 1 4 t ~ Ii L. 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'~. n ~"~'s p~. ~,'. jMYP F~ Application for a Mayor Amendment to Special Development District No. 39, Crossroads, to allow for an increase from 75 to 77 dwelling units May 2007 Submitted by Maurlello Planning Group Attachment B r1 U • Owner and Consultant Directory Owner/Applicant: Peter Knobel Crossroads East One, LLC 143 East Meadow Drive Vail, CO 81 620 Production Architect Davis Partnership 0225 Main Street, Unit C I O I Edwards, CO 81 632 970-926-8960 Planning Mauriello Planning Group, LLC PO Box 1127 Avon, CO 8 1620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY I 1932 63 I -537-3555 Traffic Consultant Fox Higgins Transportation PO Box 19768 Boulder, CO 80308-2768 303-589-90 I I I . Introduction Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads • (Solaris), to faalitate the redevelopment of Crossroads. Solaris was approved for 69 dwelling units and 5 attached accommodation units, totaling 199,830 sq. ft. of GRFA. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units and increased the employee housing requirement from 12 units to 23 units. At this time, we are requesting a mayor amendment to SDD 39 to allow for 77 dwelling units, an increase of 2 units over the previous approval. This will not impact GRFA approved for the property. Some small dormers have been added to the roof, but they do not contribute to the overall bulk and mass of the building and do not sigrnficantly alter the roofline. No other changes to the project are being proposed. • On February 26, 2007, the Planning and Environmental Commission approved a conditional use permit for the private parking club which allowed for a deviation of 5% of the approved 84 parking spaces. This allows the parking club to be in the 80 to 88 parking space range. Therefore, it will not be necessary to revise the conditional use permit for the parking club to accommodate 2.8 parking spaces required for the new dwelling units. 2 Crossroads Redevelopment Mauriello Planning Group, LLC • II. Application Process The addition of 2 dwelling units rs a mayor amendment to SDD #39. The following is the defrnrtron of a mayor amendment an SDD: MAJOR AMENDMENT (PEG 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 drstrrct (other than "minor amendments" as defined in this section), except as provided under section I Z- 15-4, Nlnterior Conversions", or 12- 15-5, "Additional Gross Resrdentrai Floor Area (250 Ordinance)", of this title. III. Submittal Requirements The following rs a list of the submittal rec(urrements for a mayor 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 mayor amendment. Fee Stamped, addressed envelopes and a Irst of the property owners adjacent to the subject property ~ Trtie Report I Written approval A written statement addressing the following: a. Describe the nature of the protect to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outimmg how and where the proposed development deviates from the development standards prescribed in the property's underlying zone drstrrct. A complete zoning analysrs Stamped Topographic Survey Existing and Proposed Srte and Grading Plans A Vrcrmty Pian A Landscape Plan ~ A Roof freight Plan Existing and Proposed Archrtectural Elevations ~ Existing and Proposed Archrtectural Floor Plans Sunshade analysrs All plans must also be submitted rn 8.5. x I I .reduced format. An Archrtectural or massing model I Photo overlays Parking needs assessment and vehicular circulation analysrs An Environmental Impact Report Submitted Submrtted I Submrtted I Submrtted I Submrtted I Submrtted Refer to the original submrttai - no change I Refer to the orrgmal submrttaf - no changc ~ Refer to the orrgmal submittal - no change I Refer to the orrgmal submittal - no change ~ Refer to the orrgmal submittal - no change ~ I Refer to the orrgmal submittal - no change I Submrtted ~ Refer to the orrgmal submittal - no change I Submrtted I Refer to the orrgmal submittal - no change I Refer to the orrgmal submittal - no change it ~ Submrtted ~ Refer to the original submittal - no change 3 Crossroads Redevelopment Mauriello Planning Group, LLC IV. Detailed Project Description and Zoning Analysis A. Residential F/oo~ Aromas While we are requesting an increase in density from 75 units to 77 units, there is no change ~n the approved gross residential floor area. 8. Pang Below is a table documenting the parting requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking requirements of the project including the 81 space private parking club, reduced from 84 spaces from the previous approval. Use Dwellmq Urnts Retail Theater seating Restaurant seating Bowling # of Urnts/Sq. Ft. 77 35, 117 3, 248 4,4 1 2 1,170 Code Ratios 1.4 0.0023 0.006060606 0.004 0.0023 Total 107.8 80.77 19.68 17.65 2.69 Total ( ~ 228.59 5% reduction + ~ I I .43 Net Required Parking ~ ~ 217.16 Parking Provided ~ ~ 299.00 Parking Giub Parkng ~ ~ ~ 81 C. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 75 units to 77 units. The site is 2.463 acres. The current approval allows for 28.3 units per acre. The proposed increase to 77 units results in a proposed density of 3 I .26 dwelling units per acre. -~,o.~.,~-_ -~. = v~ -: o ~ ~ ,o ~ , : ~, ~ ~o ~, I~ ~ ~ ~. ~~~ ~ ~ , „ ... _ o ... ,; ao4 e~ nip B ~ K . k : ~ Units 77 and 75 were previously the second level of urnts 72 and 67 on the level below.. • • Crossroads Redevelopment 4 Mauriello Planning Gioup, LLC VI. Speaa) Development Dristr~ct -Standards and Criter>la "The purpose of the special deve%pment district is to encourage flexibility and creativity m the deve%pment of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the t/a~l comprehenswe plan. " The following design criteria are used by the Town in the evaluation of a Speaal Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. 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, identity, character, visual mtegr~ty and orientation. Our Analysis: The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the . proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (I /2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buiid~ngs are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site wh+ch has been fairly common on other redevelopment projects. There are no mayor flat roofs proposed on this structure. Cmssmads Redevelopment 5 Mauriello Planning Gmup, LLC The additional dormer break up the roof even more than the previous approval. The dormers are not likely to be perceived except from above or far away. There is no impact on bulk and mass. The materials are of the highest duality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high duality that maintenance is minimally reduired. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. A statement from the Lionshead Master Plan sums up our belief about new Vail architecture: "the architectural language...should strove to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the building also creates an identity to stimulate visual interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will help draw people to back to Vail and East Meadow Drive in particular. The proposed development plan is compatible with the area. The site is located across the street from the 5onnenalp redevelopment project and adjacent to the Vail Plaza Notel redevelopment project. While the proposed building will not be the same scale as the existing three to six-story structures that make up the remainder of the Vail Village Inn (VVI), the plan recognizes the long-term need to redevelop the remaining portions of the VVI to a scale and duality reflective of current trends. B. Relationship: Uses, activity and density which provide a compatible, effiaent and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vad Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high duality mix of uses along East Meadow Drive. The proposed project provides an increase in retail and restaurant space, new movie theaters, bowling alley, and arcade which do not exist to this degree of duality in Vail, new public plaza spaces and amenities, and high duality residential development. The proposed uses will anchor this portion of the Vail Village and generate activity that will not only benefit the retail shops at Crossroads but all of the businesses in the surrounding area. The parking provided on this site will generate pedestrian traffic to all areas of East Meadow Drive and the village core. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. 6 Crossroads Redevelopment Mauriello Planning Group, LLC C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter I O of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter I O of the Zoning Regulations. 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 Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and duality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This I /2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. Crossroads Redevelopment 7 Mauriello Planning Group, LLC G. Traffic: A circulation system desrgned for both vehicles and pedestrians addressing on and off-site traffic crrculatron. Our Analysis: The Solarrs project has been desrgned to address three mayor issues within the Town: availability and adequacy of parking; pedestrian crrculatron and gathering; and loading and delivery. Along-standing goal of the Town is to remove loading and delrvery entering the Solarrs site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for amixed-use facility. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site rs located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a Porte cochere along the South Frontage Road for residential guests arriving at the site. The Porte cochere will provide temporary pick-up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for mayor roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drrve frontage of the site. The pedestrran improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the 5olaris site. The applicant rs proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. h. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The 5olaris project is currently developed with buildings, structured parking, and surface parking. There rs very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrran walks all compete with landscape improvements. However, the proposed redevelopment plan for Solarrs provides significant landscape materials 8 Crossroads Redevelopment Mauriello Planning Group, LLC in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic duality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: The project is proposed to be developed in one phase. Permits for demolition and excavation will be pursued prior to a full building permit being issued for the project. A condominium plat will be required prior to CO of the project. • • 9. Crossroads Redevelopment Mauaello Planning Group, LLC VIII. Adjacent Property Owners OMINIUM VILLAGE INN PLAZA CONDOMINIUM VAIL VILLAGE PLAZA COND ASSOCIATION ASSOCIATION JOSEF STAUFER C/O ABPLANALP LAW OFFICE LLG 100 E MEADOW DR #3 I POST OFFICE BOX 2800 VAIL, CO 81657 VAIL, CO 81 658 VILLAGE INN PLAZA-PHASE V CONDOMINIUM VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION ASSOCIATION 100 EAST MEADOW DRIVE STE 3 I SALLY HANLON VAIL, CO 8 1657 385 GORE CREEK DRIVE- NO. R-2 VAIL, GO 8 1657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION VAIL DOVER ASSOCIATES LLC COLORADO REGISTRATION, INC. 4 148 N ARCADIA DR 880 NOMFSTEAD DRIVE, NO. 25 PHOENIX, AZ 85018 EDWARDS, CO 81632 VAIL CORE CONDOMINIUM ASSOCIATION, INC. VILLAGE INN PLAZA-PHASE V CONDOMINIUM HELEN E. BIRD ASSOCIATION P O BOX 5940 COLORADO REGISTRATION, INC AVON, GO 81620 880 HOMESTEAD DRIVE NO. 25 EDWARDS, CO 81632 AUSTRIA HAUS CONDO ASSOC INC 20 VAIL RD VILLAGE INN PLAZA-PHASE V CONDOMINIUM VAIL, GO 81657 ASSOCIATION COLORADO REGISTRATION, INC AUSTRIA HAUS CONDOMINIUM ASSOCIATION, PO BOX 666 INC. • VAIL, CO 8 1658 JOHN MILLS C/O SONNENAIJ' HOTEL 20 VAIL ROAD VILLAGE INN PLAZA CONDOMINIUM VAIL, CO 81 657 ASSOCIATION COLORADO REGISTRATION, INC. HIBBERD, FRED, JR POST OFFICE BOX 666 400 NW RIDGE RD VAIL, CO 81658 JACKSON, WY 8300 I JOSEF STAUFER TOWN OF VAIL P O BOX 666 C/O FINANCE DEPT VAIL, CO 8 1658 75 S FRONTAGE RD VAIL, CO 8 1657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION VILLAGE CENTER ASSOC 143 E. MEADOW DRIVE NO. 360 124 WILLOW BRIDGE RD C/O SLIFER MANAGEMENT CO VAIL, CO 81657 VAIL, CO 8 1657 SONNENALP PROPERTIES INC VAIL VILLAGE PLAZA CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL, CO 8 1657 SALLY HANLON ABPLANALP LAW OFFICE LLC CDOT POST OFFICE BOX 2800 420 I E. ARKANSAS AVENUE VAIL, CO 8 1658 DENVER, CO 80222 10 Crossroads Redevelopment Mauriello Planning Group, LLC MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 8 1620 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION CRAIG CORN 22 I I NORTH FRONTAGE ROAD, SUITE A VAIL, CO 8 ! 657 r~ L_J Cmssmads Redevelopment Mauriello Planning Group, LLC CROSSROADS EAST ONE LLC 329 MILL CREEK CIR VAIL, CO 81657 KNOBEL CIIILDRENS INVESTMENT TRUST 1996 392 MILL CREEK CIR VAIL, CO 8 1657 SPRADDLE CREEK LLC 392 MILL CREEK GR VAIL, CO 81657 11 MEMO =:`~ To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: O 1-16-06 After a review of the submittal of the Crossroad redevelopment plans, the Public Works Departments finds the following issues that will need to be addressed prior to final approval. The following outlines comments that will need to be conditions of approval of PEC. Public Worlcs conditions of approval: 1. Final Civil Engineering drawings and Final Drainage Report must be approved prior to Building permit submittal and meet all Town codes and standards. An additional 2 to 6 month review and comment pet7od will be required for this submittal. 2. The access off the S. Frontage Rd. is key to this development. A C-DOT access permit shall be approved by CDOT prior to Building permit submittal and shall be a condition of PEC approval. If changes to the PEC approved plans are required by C-DOT to facilitate an Access Permit the applicant will be required to return _ _ for an amendment to the PEC approved plans. 3. Prior to submittal of building permit CDOT shall have approved the construction drawings for the S. Frontage Rd. 4. Village Center Road shall be graded with a norrna.l crown. 5. The plaza grading shall match the proposed East Meadow streetscape plans grading cwrently be designed by the Town of Vail. This may require an elevation change of the plaza. Please coordinate with the Town of Vail. 6. The alignment ~f East Meadow drive may be required to shift to the north at the intersection of Village Center Rd. as a result of improvements being proposed by Village Center. Please coordinate with Village Center. and Town of V ail. 7. Applicant shall be responsible for the complete design and construction of the roadway improvements as shown on the Crossraa.ds Public Improvements plan dated 12/12/05 and also the complete design of the remainder of Willow Bridge Rd. going south to the International Bridge, excluding but matching those improvements being designed and constructed by One Willow Place Road. This includes streetscape, heated sidewalk and streets, landscape, planters, lighting, irrigation, signage, and storm drainge improvements on Village Center Rd., East Meadow Drive, Willow Bridge Rd., a.nd the South Frontage Rd. 8. The heated streetscape proposed within the public RUW shall be constructed, operated, and maintained by Crossroads as delineated in the plan dated December 12, 2005. The heated improvements proposed to be constructed on Village Center Rd. will be a benefit to the snow maintenance of Village Center Rd., however currently it is not within the Town's plan to pay for the construction of a boiler __ - • Attachment C plant of this area nor is it within the Town's plan to pay for its operation and maintenance. This will require further commitment from the Town once these improvements are constructed. If the Town does not conunit to pairing for the said improvements or operations, it may be beneticia.l to leave this sheet as asphalt pavement. Non-heated brick pavers on this stretch of steep roadway will be required to be plowed regularly and will cause significant damage to the pavers. 9. All private improvements within the public ROW, including any temporary shoring that is to remain in place, will require a Revocable ROW permit. 10. All shoring walls shall remain within the private property limits. 11. The proposed drainage system along the S. Frontage Rd. shall be coordinated with Vail Plaza Hotel and tied into the Vail Plaza hotel proposed storm sewer system. 12. All grading and drainage for parking shucture is required to be shown. Provide a sand/oil separator. 13. A Traffic impact fee of $5000 per additional pm peak trip generation (68 tril3s @ .$5000 = $340,000) shall be assessed to the developer and held by the Town of Vail to implement a future traffic solution east of crossroads that facilitates traffic and U-turn movements. 14. All necessary easements, agreements, bonds, and permits must Ue in place prior to building permit submittal. (i.e. construction easements on adjacent properties, utility easements, pedestrian easements, drainage easements, access easements, revocable ROW permit, ROW permit, etc...) . 15. An excavation sharing plan shall be required to be approved prior to Building permit submittal. This shall include cross sections, profiles, and plans showing all conflicts and nail locations. It should be noted that any encroaclwlent into CDOT ROW (i.e. shoring) will require their approval and may include, a lease agreement, permit etc... 16. The developer shall be responsible to construct all necessary stone water improvements in order to convey all contributing on-site and adjacent off-site drainage to gore creek. 17. The open plaza should be dedicated, similar to the Lionshead Core Site Pedestrian Plaza as a public access easement. 18. The developer shall incorporate Art in Public Places and. coordinate with AIPP for implementation. 19. The loading and delivery facility shall be made available to provide capacity to other sites. This will require easy access front the delivery facility, down a service elevator, then direct access to the plaza level, an easement for this access will be required. 20. A stormwateY discharge pei•~mit a11d erosion control plan will be required prior to building permit approval. 21. An approved staging plan, phasing plan, and construction schedule shall be required prior to Building Pernit approval. ii row~v o~ ynr~ ~+ 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 June 25, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- IM~~ (~` 9A, Special Development District, Vail Town Code, to allow for an increase in the V~ l V'` number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 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 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 8, 2007, in the Vail Daily. Attachment D Page 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2007 SUBJECT: A request fora work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC, has requesting a public hearing with the Town of Vail Planning and Environmental Commission to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West. The applicant and staff would like to propose the following discussion topics for the hearing: • Introduction • Market Analysis • Presentation by Midge McCauley • Findings of Lionshead and Ever Vail retail study • LEED for Neighborhood Development Pilot Program • Presentation by Callison architect • Discussion of LEED program • How LEED will affect materials and architecture in Ever Vail The Town of Vail Planning and Environmental Commission is being asked to listen to the presentation and provide any feedback that is appropriate at this time. • Is there any initial input the Commission would like to provide n the topics presented? Are there any requests for information that may be atypical to the standard review process that the Commission believes is needed to review the applications associated with Ever Vail? • Are there any items of concern for the Commission that should be addressed moving forward? The development of Ever Vail will have multiple applications associated with the process of moving forward through the entitlements. The approval from CDOT to realign the Frontage Road is the lynch pin in the development of Ever Vail. The process with CDOT has begun and formal applications will be submitted in the near future. As we move forward many applications will need to be reviewed with the assumption that CDOT will approve the Frontage Road realignment. Just like with the Front Door applications, which hinged upon the land exchange with the Forest Service, Ever Vail, will be moving forward while CDOT is reviewing the application for the Frontage Road realignment. It. BACKGROUND On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval of the proposed amendments by a vote of 4-1-0 (Dewitt opposed). The initial concepts include, the addition of a skier gondola in the location of the old gas station site, the development of mixed use areas, including housing, retail, and office spaces, to create a new portal to the mountain with all the typical skier services, and the possible relocation of the South Frontage Road. On January 2, 2007, the Town Council directed staff to remove Tract K and the other parcels proposed for inclusion within the Lionshead Redevelopment Master Plan by the Town staff from the proposed text amendments. In addition, at this hearing direction was given to staff and Vail Resorts regarding employee housing, traffic generation and mitigation, and a transit center. On February 6, 2007, the Town Council by a vote 5-1-0 (Foley opposed) approved Resolution No. 4, Series of 2007, which adopted the amendments to the Lionshead Redevelopment Master Plan for the area known as "West Lionshead". On May 14, 2007, the Planning and Environmental Commission held a public hearing for the introduction of the Ever Vail development. At this hearing several members of the Team working on the development were introduced. The Commission provided so initial feedback. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission tables this application to the June 25, 2007, public hearing. • 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • .~ June 11, 2007 'I'OWNOFYAtL ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Bill Jewitt Michael Kurz Rollie Kjesbo arrived at 1:05 Bill Pierce arrived at 1:10 David Viele arrived at 2:00 Site Visits: None 10 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson • ACTION: Approved with condition(s) MOTION: Cleveland SECOND: Gunion VOTE: 5-0-0 1. The sale of merchandise is prohibited. 2. The parking for the business office shall be located within the existing 38 spaces located west of the clubhouse building and shall be maintained separate from the areas designated for residential parking. 3. No overnight parking or storage of commercial vehicles associated with the business office use shall be permitted. 4. The number of employees allowed in the business office shall not exceed 23 (i.e. one employee for each two hundred square feet of net floor area). Bill Gibson gave a presentation per the staff memorandum. Henry Pratt, representing the applicant, was available for questions. The Commissioners expressed support for the application. There was no public comment. 15 minutes 2. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Page 1 Applicant: Town of Vail Planner: George Ruther ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 George Ruther gave a presentation per the staff memorandum. Anne Gunion asked for clarification on the charts and tables at the end of the memorandum. Dick Cleveland stated that when this property was purchased, it was intended to be redeveloped with employee housing. He expressed concern about the openness of the Housing District, however, there are several additional layers of review with which he is comfortable. 10 minutes 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Dewitt opposed and Pierce Recused) 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2009. 2. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. 3. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. Bill Pierce recused himself. Bill Gibson gave a presentation per the staff memorandum. Jay Peterson presented an overview of the proposal and how conditions had changed since the initial conditional use permit approval in 2005. Kaye Ferry asked why the extension was needed. Jay Petersen, representing the applicant, explained how conditions have changed, including how the office proposal for the North Day Lot has been delayed, and how the new Ever Vail project is now the preferred permanent location for these office uses. Kaye Ferry stated that she has received several requests each week looking for retail locations. She believes there is currently high demand for retail tenant space. Page 2 Dick Cleveland asked about the current lease expirations. • Dick Cleveland opposed changing the definition of temporary office. He was conflicted between trying to keep Mountain Operations in Town and returning the space to retail. Rollie Kjesbo believed that as a part of the original approval, the office was suppose to go into the Arrabelle. Anne Gunion reviewed the definition of a Temporary Business Office, and believed it was difficult to approve an extension. Brian McCartney explained that the office space is now proposed to go into the Ever Vail project. Michael Kurz asked how many employees were housed in theses offices. Brian McCartney stated that 50 to 60 people were working in these offices. Bill Jewitt expressed that there was a need for retail and retail would come back to places like Treetops and Concert Hall Plaza if it were available. He does not believe the definition allows for the extension of the past three years. 10 minutes 4. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC07-0031) • Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Jewitt opposed and Pierce recused)) 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2009. 2. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. 10 minutes 5. A request for a final recommendation to the Town Council fora prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (PEC07- 0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 5-1-1 (Cleveland opposed and Gunion recused) Items 5 and 6 were read into the record and reviewed concurrently. Page 3 Warren Campbell presented an overview of the proposal and the staff memorandum. Dave Kaselak, the applicant's representative, gave a powerpoint presentation summarizing the • proposal and the changes that have been made since the Commission's last review. There was no public comment. The Commissioners generally supported the applicant's proposal for the reasons found in the staff memorandum. Commissioner Cleveland opposed a site coverage increase from 15% to 20%, but he supported the proposed changes to the GRFA maximums found in the Lot Summary Chart on the plat. 15 minutes 6. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-1 (Gunion recused) CONDITION(S): 1. Approval of the Amended Final Plat. Fourth Amendment To Spraddle Creek Estates, Part of the SE '/< SW 1/4 . Section 5, Township 5 South. Rance 80 West Of the Sixth Principal Meridian. Town Of Vail. Countv Of Eaale, State Of Colorado, shall become • effective upon the adoption of the ordinance amending the text to increase the maximum allowable site coverage from 15% to 20% within the Hillside Residential District. Items 3 and 4 were read into the record and reviewed concurrently. 20 minutes 7. 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: Tabled to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 Warren Campbell presented an overview of the proposal and the staff memorandum. Rocky Cortina, applicant's representative, introduced the design team. Edwardo Illanes, OZ Architects, presented an overview of the architectural concepts. Allison Ochs, Mauriello Planning Group LLC, and Will Henschel, OZ Architects, presented an overview of the proposed development statistics and a description of how the proposal addresses the Town's zoning and master planning standards. Page 4 Commissioner Jewitt noted that he liked the project, specifically the interior courtyard and the lowering of the existing grades. • Geoff Wright, manager of the Enzian, noted that their association has not decided if they will enter into the project or not. They would like to see additional clarification of the details for what will be occurring within the Enzian parking and access easement. Commissioner Cleveland noted his concern about preserving hot beds, since most optional rental programs do not have 100% participation. He is also concerned about calculating dwelling unit lock-offs as hot beds. He would also like better clarification around how the project is defined for calculating EHU requirements. Commissioner Pierce noted his concerns about the strong deviations from the architectural character of the other buildings in the Lionshead area. For example, he doesn't see enough off- sets in the facades of the building to meet the requirements of the Lionshead Redevelopment Master Plan. Jim Lamont, Vail Village Homeowner's Association, asked for clarification as to which off-set requirements were being referred to on the proposal. Commissioner Pierce clarified the technical standards of the Lionshead Redevelopment Master Plan. Commissioner Kurz likes the courtyards; however, he has the same concerns as Commissioner Pierce that this building does not reflect the architectural style of Vail and Lionshead specifically, as required in the Master Plan. Jim Lamont noted that the adjacent Vail Spa is a very contemporary building. He has noticed • that many European cities are evolving away from traditional mountain architecture. He argued that in this era of environmentalism, projects need to be reviewed as to what the designers are bringing in terms of efficiency and green building. He is concerned that some feel Arrabelle will be too "campy" in the end and another version of "palace architecture" which may not be desirable. We need to keep up with styles of other ski resorts. Commissioner Viele likes the proposal and believes it fits the vernacular of the Frontage Road and another "palace" would be out of place. He noted that deviations could be granted from the architectural standards per the Master Plan amendments adopted in conjunction with Arrabelle. Commissioner Gunion believes the proposed architecture fits the transition between Arrabelle and Vail Spa. She agrees with some of Commissioner Pierce's comments that the details are the character of the building and will need to be done well. She recommended that a physical model be submitted. Commissioner Jewitt also recommended a physical model be submitted. He noted that he didn't have a concern about ground level dwelling units facing the inside courtyard. Jim Lamont noted that the articulation of the Frontage Road will be important. Bill Pierce noted that the spaces between buildings are more important than the individual buildings like on Bridge Street. 8. 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 Page 5 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 June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 9. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Table to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 10. A request for a final recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to June 25, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 There was no discussion about this item. 11. Approval of May 14, 2007 minutes MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 12. Information Update 13. Adjournment MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 8, 2007, in the Vail Daily. C~ • Page 6 2023 i PROOF OF PUBLICATION • ..x,~:~ , .. STATE OF COLORADO } PLANNING ANDENVIAONMENTAL C M S O 862, 923, 934, 953, and 1031 S I OM IS N PUBLIC MEETING Road WesUUnplatted, and setting regards thereto. (PEC07-0019, 0021 SS• COUNTY OF EAGLE ~7 Jurte25,2007 t:tllTpm RC~s vetopme represented by Maunello nning rcWar Pan ce~ ~ TOWN COUNCIL CNAMI3ERS / PUBLIC WEL- c re n ACTION: COME MOTION: SECOND: VO~: T I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail D ally news il I a i MEMBERS PRESENT MEMBERS ABSENT Site Visits: 4.A request for a work for n exterior alteration, pur ant to Se Major Exteri r M Alt r i p per pr a y. That the same nted, in whole or in part and published in the County of Ea has a general circul le St t ti f 1,Williams Residence h 2570 Bald Mountain Road or erat o o Town Code, to aitow for a redev~ Lionshead Inn and Lio ad inn I g a a e o Colorado and on therein; that said newspaper has been published continuo said Count of E l 1 f Driver: George located at 70t artd 705 ast Lions 1 Block 2 Vail Uonsheaq Fling 3 y us a e ora y and uninterruptedly in g period of more than fifty-two consecutive weeks next the annexed le rior t al t th 15 minutes 1 A regyest for a final review of a variance from , , , details in regard thereto. (PEC07.0 Applicant;Lionshea(t Inft LLC re p g no o e first publication of ice or advertisement and that said newspaper has published the re advertisement as re t t d d Sectign 12-BD-6, Setbacks, Vail Town Code, pur- suant to Chapter 12-17, Variances, to allow for an , Maunello Planning Gro LLC Planner.Wanen Camp ques ques e e . legal notice and addition within the west side setback, located at ACTION:TabletoJyty 2007 he Vail Dail i 2570 Baltl Mountain RoadlLOt 33, Block 2, Vail Village Fi(ingg 13, and setting forth details in regard thereto. (PEC07-0036) MOTION:SECOND:YO : 5.A request for a worts session for i y s an accepted legal advertising medium, only for jurisdictions operatin Home Rule provision d Applicartt.Etl wiliiama, represented by William Hein Associates Pl tionat use permits, pursuant to Se Permitted and Conditiortal Uses, r . g un er Colorado anner:Bili Gibson Street Level, Vail Town Code, to all ACTION: MOTION:SECOND:YOTE: accommodation units, lodge dwe multiple-family residential units of at the annexed legal notice or advertisement was published in the re l 'S minute. 2.A request for a final recommendation to the Vail and pursuant to Sectidn 12-7H- Uses: Generally (On AII~Levels O Outsitle Of A Building) Yail Town gu ar and entire issue of every number of said daily newspaper for th i Town Council on a proposed major amendment to s l D l t D N , for the development of a private par e per od of 1 consecutive insertions; and that the first publication of said th ti i pecia eve opmen istrict o. 3s, Crossroads, pursuant to Article 12-9A, Special Development District Vail Town Code to allow for an increase in at 701 and 705 West Lionshe Lionshead Inn Annex (Fogata)/Lot Lionshead Filin 3 and setting f no e ce was i~ ssue of said news a d , , th f d i b f , ~ p per ated 6/22/2007 and that the last publicati f e num er o we iing un ts from 75 units to 77 units; located at 141 and 743 Meadow Drive/lot P regard thereto. PEC07-0028) Applicant ionsheatl !nn LLC repre on o said notice was in the issue of said newspaper dated 6/22/2007 , Block SD, Vail Vilage Filing 1, and setting forth details in re ard thereto (PEC07-0035) _ , riello Planning Group LLC Plan r Warr C b ll . g . Applicant:Crossroads East One, LLC and Cross- ; ne en amp e ACTION:Ta61e to July 9,2007 roads Wesi One, LLC, represented by Maunello Planning Group, LLC MOTION:SECONb:VOTE: Ir1 witness whereof has here unto set my hand this 2nd d ~1 Planner.Warren Campbell ACTION: MOTION: SECOND: VOTE 6.A request for a final recommend. TownCouncitforanamerxlmentto Us Pla a t t tio 12-3 S ay of July, 2007 ~~YY : e n, pursu n o ec n Vail Town Cade, to allow for the ids 60 minutes 3.A request for a work session to discuss the de- property commonly referred to as Apartments' as a future location ( velopment review applications necessary for the review of the redeveiopmertt of the properties housing, located at 1280 North Fro Ci, C2 C3, C4 and C5, Lions Ritl /, 1 / / Publ~s~¢r/G~neral M known asiEverVaili(WestLionshead),locatedat setting forth details in rel ~// anager/Editor Subscribed and sworn to befor e me, a notary public in and for the County of Eagle, State of Colorad f J hi nd o t o s 2 day uiy, 2007. ~ } J Y P~ ~ ~ ~ ,~ - . 2• - - , • / Pamela Joan Schultz • ~ 1 . P~E~°'° ~ Notary Public SCHU1.~ My Commission • p • Novembst 07 `~ ~~OF Gd's,~ 2006 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 6/8/2007 and that the last publication of said notice was in the issue of said newspaper dated 618/2007. In witness whereof has here unto set my hand this 19th day of June, 2007 ~/'~~ vi ublisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 19th day of June, 2007. ~. .~~~~-~~RY ~P~~~~ - °~ ~9 _a _,) ~~.,~ ~ ~~ ~ ~. / f~ / ~ ~i_.~.~ ~t Pamela Joan Schultz Notary Public THIS ITEM MAY AFFECT YOUR 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, Vad Town Code, on June 25. 2007, at 1:00 pm in the Town of Vail Municipal Building, in con- sideration of: A request for a final recommendation to the Vail Town Council on a pro major amendment to Special Development istdct No. 39, Crossroads,`.; pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Orive/Lot P, Block SD, Vail Village Filing t, and setting forth details in regard thereto. (PEC07-0035) Applicant:Crossroads East One, LLC and Cross- roads West One, LLC, represented by Mauriello Planning Group, LLC Planner:Warren Campbell A request for a final review of a variance from Sewp~ lion 12-6D-6, Setbacks, Vail Town Code, pursuantT to Chapter 12-17, Variances, to allow for an addi- tion within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filingg 13, and setting forth details in regard thereto. (PEC07-0036) Applicant:Ed Williams, represemed by William Hein Associates 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 sde wsds that precede the pubhc_hearing in the Town of Vail Community Devebpment Department. Please call 970-479-2138 for additional informa- tion. Sign language intetpi~tatidn fs available talon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. y 4 Published June 8, 2007, in the Vail Daily. My Commission expires: November`1~6"`I PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ,• July 9, 2007 Tt)1VNNOf't~1111I. ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dave Viele Anne Gunion Rollie Kjesbo Dick Cleveland Bill Jewitt Michael Kurz Bill Pierce (recused himself on items 1, 2, and 3 due to a conflict of interest and then departed at approximately 1:05 p.m.) SITE VISITS There were no site visits. 15 minutes 1. 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 ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Kurz VOTE: 3-2-1 (Cleveland and Jewitt opposed, Pierce recused) 1. The text shall be modified so an extension may be granted for an approved temporary business office, but the initial approval may not exceed three years. 2. An annual review of a temporary business office by the PEC "shall" be required, rather than "may" be required. Bill Gibson gave a presentation per the staff memorandum. Jay Petersen, representing the applicant, made himself available to answer questions. Kaye Ferry, had a procedural question regarding why this application was before the Planning and Environmental Commission. Bill Gibson answered her question. Dick Cleveland expressed concern over the elimination of the three year time frame, which he believed was appropriate. However, he noted that the PEC should have the ability to approve longer time periods if conditions warranted. He expressed some concern about the lack of specific criteria by which to review and approve an extension for more than three years. Rollie Kjesbo expressed concern that the extension requested for the office space was not adequate given that the approval and construction of Ever Vail and North Day Lot will likely take several years to complete. Page 1 :7 • • Dave Viele expressed concern that the offices would not return if they were relocated outside of Vail. Michael Kurz expressed support for the amendment with the changes Dick Cleveland discussed. Bill Dewitt expressed his opposition to the proposal as his belief that the proposal did not comply with the review criteria. 20 minutes 2. 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 June 23, 2007 MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Pierce recused) Scot Hunn gave a presentation per the staff memorandum. Rick Pylman, representing the Ramshorn, gave a presentation regarding the conceptual nature of the proposal, summarizing of the history of the property, including rental history. Rick described the general history of certain amendments to Public Accommodation (PA) zoning regulations, and the property, relative conformance to existing zoning requirements and the 1987 approval of SDD No. 17. Rick further discussed the desires of the Owners to work within the existing structure by adding a fourth floor and some additional bump outs for certain existing units. The redevelopment will include a new fire sprinkler system, larger lobby, and elevators. Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of the conceptual floor plans and elevations. Jim Lamont, Vail Village Homeowners Association, asked about what public benefits were being proposed. Rick Pylman stated that they were looking for suggestions on what public benefits should be provided. Bill Dewitt stated that he feels a public benefit should truly benefit the public. Relative to proposed improvements to existing sidewalks and removal of certain trees next to or within the public right of way, improvements to roads should be coming out of the general fund not be considered public benefit of an individual project. He further commented that improvements to sidewalks, crossings and widening of the road to provide safer conditions for cyclists will be encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant study breaking up the roof line. Parking a will be a concern. Rollie Kjesbo asked to be provided with details of provided. Would like to keep height for Rams-Hor Tivoli. Employee housing on site is always good. Page 2 the Tivoli SDD and the public benefit they n no higher than the approved height ~` '~~ Dave Viele expressed thoughts regarding the history of the project and why it was and SDD currently, pointing out that the property has relatively little deviation from current Public • Accommodation (PA) zoning regulations. He further pointed out that the public benefit should be commensurate with any deviation and this project is only at 45% of the allowable GRFA. Dick Cleveland agreed that parking will be a concern. Suggested screening the parking as a benefit. Height and additional setback encroachments will be a concern. The height and setback encroachments will need to be justified. Michael Kurz agreed with all the comments regarding height. The height of the Tivoli seems to work with the height of the tree line. Jim Lamont, brought up the history of the Vail Mountain Lodge as a previous SDD that is now regulated by underlying zoning. He further suggested cleaning up the dumpster on the site as a public benefit. 30 minutes 3. 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 Hun ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-1 (Pierce recused) • Scott Hunn gave a presentation per the staff memorandum. Tyson Dearduff, of Fritzlen Pierce Architects, representing the applicant, gave a presentation on the floor plans, elevations, and other improvements. Michael Kurz asked several clarifying questions regarding the expansions. Jim Lamont, asked about trash removal, loading and delivery, He added that this proposal meets a lot of what the community has been wanting, redevelopment of an existing building which retains the character of the original structure while addressing the "original sins". The Commissioners generally expressed support for the improvements. Commissioner Cleveland asked about the exploration of different roof forms, suggesting a more traditional, or tyrolean roof form such as an open gable. Jim Lamont asked about the view corridor and the tower and the transparency of the retail. 4. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell :~ . ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 Page 3 5. 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: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 6. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition 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: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 7. 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 July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 8. 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: Tabled to August 13, 2007 MOTION: Kurz SECOND: Viele VOTE: 5-0-0 9. Approval of June 25, 2007 minutes MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 10. Information Update Warren Campbell informed the Commission that the July 23, 2007, hearing vvould be in the Town of Vail Library as the Council Chambers would be under renovation. 11. Adjournment MOTION: Kurz SECOND: Cleveland VOTE: 5-0-0 • Page 4 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 July 6, 2007, in the Vail Daily. • c: Page 5 U MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: 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 • I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting that the Planning and Environmental Commission forwards a recommendation to the Vail Town Council regarding proposed text amendments 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 #orth details in regard thereto. Based upon Staffs review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section V of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts, is proposing amendment's. to the Town's regulation of "temporary business offices". The purpose of these text amendments is to allow Vail Resorts to continue to operate "temporary business offices" within the Treetops and Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town Code. The following is a summary of the proposed text amendments: Deleted text is indicated with a stri#~sthra, and new text is bold 72-2-2: DEFINITIONS OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities for a limited duration of time ~,~--y~earc., E'u,b%e6t--~t3 a^71 S: ~ g .^.. _:n . ir_ _ ~ r: ~U- ~C_ .aa sa.. ....J:J:.. ..i i.l • prru. rvv •..a.. a. ... ...r.~.........., to accommodate the displacement of an existing business office in within the Town of Vail due to redevelopment construction activities. #~~~se a~t~rvj S~'~1 •O ~~. ~{~G s~ ~1-"'HHib~S #a/ iH68~ ~ StW4ti9S ~9~E~--tr~HSa6tiAf-7S; ~'i~19fS S~~r'3Q~S, ~a^ -6f • ~~ S~ °,~) 8~-tl~-flAAf af~ ~..'~9K~-~fS~F7Q SS OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12-16-6 of this chapter. A. Uses and Criteria: 14. Temporary Business Offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of merchandise on the premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 • of this title. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and transactions may only be conducted for a limited time period, not to exceed three (3) years. The Planning and Environmental Commission may approve a time period longer than three (3) years, or extend an existing time period, should the Commission determine that special circumstances or conditions exist that warrant such an extended time period. The Planning and Environmental Commission must determine that any time period approved for -onger than three (3) years is the minimum time frame necessary to facilitate specific redevelopment construction activities that achieve the Town's goals, policies, and objectives. f. A conditional use permit approval for a temporary business office maybe reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval. C] • III. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: • A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promofe safe and efficient pedestrian and vehicular Traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other • desirable natural features. 10. To assure adequate open space, recreation opportunities, and other • amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling unifs, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is 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. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they 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 in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject fo such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. • • B. Lionshead Redevelopment Master Ptan 2.3.9 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment 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 oppo-tunity to enhance guest experience and community interaction Through expanded and additional activities and amenities such as performing art venues, conference facilities, ice rinks, sfreetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS Consideration of Factors Reaardina the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the zoning regulation's purpose of promoting • coordinated and harmonious development. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Therefore, Staff believes the proposed text amendments further the general and specific purposes of Title 12. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed text amendments will simplify the definition of the term `temporary business office" in Chapter 12-2, Definitions, Vail Town Code, and will relocate the specific regulations applied to temporary business offices to Chapter 12-16, Conditional Use Permits, Vail Town Code. Staff believes this format is more consistent with zoning code's regulation of other conditional uses than the existing text. Staff believes this consistency will make the zoning code clearer and easier to use, thus better implementing the policies associated with temporary business offices. Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the Town's redevelopment objectives. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specific • circumstances of the request. Staff believes the proposed text amendments will therefore better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan • and are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town's regulations for temporary business offices were originally adopted in November of 2004, at the very beginning of Vail's "Billion Dollar Renewal". These original regulations were adopted in response to an issue that was not anticipated prior to the beginning of the significant redevelopment projects such as the Lionshead core site (i.e. Arrabelle). Staff believes the proposed text amendments are another example of adapting to the changing redevelopment scenarios within the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff supports the policy of limiting the duration of a temporary business office conditional use permit to a specific and consistent time frame; however, Staff also believes flexibility and discretion should be afforded to the Planning and Environmental Commission to evaluate such applications on a case-by-case basis in response to the specific circumstances of the request. Staff believes • that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council for 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) 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: "7. 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 wifh the development objectives of the Town, and • • 2. Thaf the amendments further the general and specific purpose of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." • • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: A request for a work session 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, for the specific purpose to allow for the remodel and addition to the Rams-Horn Building, located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5th Filing (PEC07- 0038) Applicant(s): Rams-Horn Lodge Owners Association, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn I. SUMMARY • The Applicant(s), Rams-Horn Lodge Onwers Association, represented by Rick Pylman, Pylman & Associates, Inc., has requested a work session meeting with the Planning and Environmental Commission to discuss the proposed conceptual plans for a Major Amendment to Special Development District No. 17, within the Public Accommodation (PA) zone district, to allow for major, property-wide interior and exterior alterations, inclusive of: o Expansion of the lower (Basement) level to accommodate employee housing; o Additions to certain units, expanding gross residential floor area (GRFA); o Addition of up to fourteen (14) bedrooms throughout the building; o Addition of a fourth floor to expand third floor units to "two-story", allowing some Owners to expand existing living space and others to add kitchens in the new fourth floor space and create additional "for rent" units; o Parking and driveway improvements; o New and improved public sidewalks/streetscape including new site fence along Vail Valley Drive o Improvement of internal circulation; o Installation of fire sprinkler system, and; o Renovation of the building exterior and certain portions of the grounds to include a new site fence, new landscaping, new exterior materials and new exterior lighting. Discussion and feedback is requested with regard to the proposed concept plans • relative 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 pertinent 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, and o The Town's Zoning Regulations II. DESCRIPTION OF THE REQUEST Purpose of Worksession The purpose of this meeting is to discuss how the Rams-Horn re-development proposal compares to the zoning regulations prescribed for development within the Public Accommodation (PA) zone district and SDD No. 17 (Attachment E), as well as site specific design guidelines or planning goals outlined .in both the Vail Village Master Plan, the Vail Village Urban Design guide Plan and the Town of Vail Streetscape Master Plan. The Applicant has submitted a set of concept plans for review and consideration, dated July 5, 2007 (Attachment B). Project Overview The attached plan sets generally indicate proposed improvements including but not limited~to: Lower Level (Basement) • • 1,294 sq. ft. expansion/addition on North side of building for Employee Housing Unit (EHU) • Remodel to existing Workout, Laundry and Storage Spaces Levet One (Main) • 2,035 sq. ft. (total) expansion/addition inclusive of: expanded front entry, reception desk and front office area; new lobby and business center; and, additional habitable space (GRFA) in Units 1, 2, 4 and 9 • Addition of one (1) bedroom • Addition of elevator within an existing hallway area on the North side of the building and adjacent to Unit 9 Level Two • 2,045 sq. ft. (total) expansion/addition inclusive of: additional habitable space (GRFA) in Units 5, 6, 8 and 10 • Addition of one (1) bedroom • Addition of elevator within an existing hallway area on the North side of the building and adjacent to Unit 5 • The elimination of exterior balcony space at Unit 10 Level Three • 1,600 sq. ft. (total) expansionladdition inclusive of: additional habitable space (GRFA) in Units 11, 14 and 15 • • Addition of two (2) bedrooms 2 • Addition of elevator serving Unit 11 on the North side of the building and adjacent to Unit 14 • The elimination of balcony space at Unit 11 Level Four (New) • 7,859 sq. ft. (total) expansion/addition to create a second story for Units 11, 12, 14 and 15 • Potential Addition of six (6) new bedrooms'' • Addition of elevator serving the second level of Unit 11 on the North side of the building and adjacent to Unit 14 Note: Level Four program not developed; number of new "for rent" units/lock-offs not determined at this time ** Eight bedrooms total; net increase not including existing loft space for Unit(s) 11 and 14 In addition, the Applicant has provided calculations relative to gross residential floor areas (GRFA) within the existing and proposed structure. Briefly: Existinca Proposed Increase Total 19,556 sq. ft. 32,444 sq. ft. 12,888 sq. ft. • Of note is the addition of a forth story to expand certain units to "two-story" units, the creation of additional basement space on the north side of the property for the creation of employee housing units, as well as the expansion of the lobby, reception area and front office space on Level One (main). Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the regulations affecting re-development within the Public Accommodation (PA) zone district and to allow the Commission, Applicant and public an opportunity to comment on the project's potential benefits and impacts. As well, Staff suggests that this amendment process will be an opportunity to discuss the existing SDD and to propose any relevant and/or required changes to the SDD as a significant aspect of the "East Village" sub-area. 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; 2) Specific or additional requirements for the impending review and approval processes. Applicable Review Criteria To this end, the Rams-Horn building re-development project includes the following primary application and review component(s) 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 Findings • 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. 27. Series of 1987 - An Ordinance Approving a Special Development District (Known as SDD No. 17) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment , pg. o The Town of Vail Land Use Plan • Medium/High Density Residential (in part): "The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category"... "It is the goal of this Plan to maintain these areas as predominantly lodging oriented with retail development limited to small amounts of "accessory retail. "" . o The Vail Village Master Plan • Open Space Plan -Planted Buffer (in part): "Planted buffers provide visual relief from roadways and surface parking areas and establish entryways into the Village." "Buffers indicated on this Plan are important landscape features and should generally be preserved." • Parking and Circulation Plan -Walks Along Streets/Attached Sidewalks (in part): "Aesthetic, as well as functional considerations are important to the Village's circulation system." "A long standing goal for the Village has been to improve fhe pedestrian experience through the development of a continuous network of paths and walkways." • Building Height Plan - 3-4 Story (in part): "Generally speaking, it is the goal of this Plan to maintain the concentration of low scale buildings in the core area while positioning the larger buildings along the northern periphery (along the Frontage Road)..." "Building heights expressed on this illustrative Plan are intended to provide general guidelines." "Additional study should be made during specific projecf review relative to a building's height impact and the streetscape and relationship to surrounding structures." o Title 12, Chapter 7, Article A -Public Accommodation (PA) zone District o The Vail Village Urban Design Guide Plan o The Town of Vail streetscape Master Plan • 4 • III. BACKGROUND The Rams-Horn Building re-development project is the comprehensive re- development of Lot(s) Lot A, Block 3, Tract F1, Vail Village 5th Filing and a tract of land formally dedicated as Hanson Ranch Road right-of-way. This development site is located along Vail Valley Drive, to the east of the Tivoli Lodge, and to the north of Golden Peak. This area is further identified within the "Medium/High Density Residential" land use designation of the Vail Village Master Plan (Land Use Plan), and is more specifically addressed as part of the "East Village" sub-area within the same Plan. This sub-area is described (in part) as follows: "The East Village sub-area is comprised almost exclusively of residential/lodging and condominium development." "The sub-area separates the commercial activity of the Village core on the west with the Golden Peak Ski Base/Recreation area on the east." "While there is vehicular traffic through the sub-area, Hanson Ranch Road, Gore Creek Drive, and Vail Valley Drive also accommodate a great deal of pedestrian and bicycle traffic." "The most important public improvements in this sub-area relate to pedestrian and bicycle safety." "The public right of-way should be maintained and expanded for public use whenever possible." More specifically, Sub-area #7-6 Ramshorn Lodge (Complete) states: • "One story residential addition to existing structure. Sidewalk as found in Sub-area #7-3 shall be part of improvements." History of Property The Rams-Horn opened for business as a lodge property in approximately 1968 and has been expanded and remodeled several times since. Most notably, the property was remodeled to converted twenty-eight (28) lodge units and three (3) dwelling units into seventeen (17) accommodation units and seven (7) condominium units. At that time, rental restrictions were placed on the new accommodation units and four new condominiums units created by the conversion. In 1987, the Town approved the rezoning of the property to SDD No. 17, allowing for the subsequent remodel and addition of a full third story, inclusive of three (3) new condominium units. Currently, the building consists of ten (10) dwelling units and twenty-two (22) accommodation units existing as lock- off bedroom/bath units. The Applicant proposes this re-development in order to gain functional floor area and bedroom space; to improve the entry and reception areas; to improve internal circulation, and; to provide enhanced amenities such as a lobby and business center, therefore improving lodging rental operations on this already popular and profitable site. The property has been well maintained and has continued to serve a niche • clientele seeking affordable lodging rentals nearby Golden Peak and the Village. For that reason, the property has remained popular with families and other loyal clientele. As well, this serves as the basis for Ownership's justification to • remodel the existing building rather than demolish the structure and redevelop the property. Yet, several of the units and common areas are dated and under-sized when compared to other lodging properties in the Village area. Therefore, the ownership proposes this extensive remodel and addition, rather than demolition and redevelopment, in order to provide enhanced rental experiences for guests and to remain competitive with other lodging properties in the Village. As well, a primary focus of Ownership in any re-development of the property has been to not seek to maximize development potential. Rather, this proposal capitalizes on maintaining the property's "boutique", family-oriented niche in the vacation rental market. 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 the review of any applications submitted on behalf of the Applicant(s). A. Maior Amendment to Special Development District (SDD) 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 general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings (in part): ^ Compatibility and sensitivity to immediate environment , neighborhood and adjacent properties; ^ Relationship of proposed uses, activity and density to surrounding uses and activities; ^ Compliance with parking and loading requirements of chapter 10; ^ Conformity to Town of Vail Comprehensive Plan; ^ Identification and mitigation of any natural and/or geologic hazards affecting the property; ^ Sensitivity and responsiveness of site plan, building design/location and open space provisions to overall aesthetic quality of the community; ^ Vehicle and pedestrian circulation system considerations; ^ Functionality and aesthetic aspects of landscape plan Action: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled • meeting. Prior to the meeting, and at the discretion of the administrator, a 6 • work session may be held with the applicant, staff and the planning and environmental commission. 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. Design Review Board: Action: 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. 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: 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 7 be bound by the recommendation o f the planning and environmental • commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation . V. APPLICABLE PLANNING DOCUMENTS Ordinance No. 27, Series of 1987 An Ordinance Approving a Special Development District (Known as SDD No. 17) and the Development Plan in Accordance with Chapter 1$.40 of the Municipal Code and Setting Forth Details in Regard Thereto (in part) SECTION 3: PURPOSE Special Development District No. 17 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote fhe upgrading and redevelopment of a key property in the Town. SECTION 8: AMENDMENTS Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the • development plan shall be required fo be approved by the Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Town of Vail Municipal Code. Title 12 Zonina Reaulafions Chapter 7 -Commercial and Business Districts, Article A, Public Accommodation (PA) District (in part) 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commerciallretail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. • • 12-7A-2: PERMITTED USES (in part): The following uses shall be permitted in the PA zone district: Lodges; Type IV employee housing units 12-7A-3: CONDITIONAL USES (in part): The following conditional uses shall be permitted in the PA zone district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Private unstructured parking; Professional and business offices; 12-7A-4: ACCESSORY USES (in part): The following accessory uses shall be permitted in the PA district: Swimming Pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): • A. Review Required: The construction of a new building or the alteration of an exisfing building shall be subject to review by the Design Review Board in accordance with chapter 11 of this title. However, any project that adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the Planning and Environmental Commission (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 improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. • 9 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 nafural 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 ifs role as a destination resort while accommodating day skiers. 3.0 Commercia! 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 creafe diversity. More nighttime 10 • 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. 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 Villaae Master 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 Clock Tower 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 11 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 deaf 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. • 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. • 12 • 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 Policv: 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 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, lighting 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. • 13 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 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. 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. Although the Guide Plan does not specifically include or otherwise identify site-specific improvements to be made at or around the Rams-Horn property, Staff suggests that the overall guiding design principles of the Plan are applicable to any redevelopment of the property in order to carry out and further the aesthetic objectives for the Vail Village. Town of Vail Streetscaoe Master Plan The 1991 Town of Vail Streetscape Master Plan was written and adopted (in part) to provide clear design direction for certain public and private improvements associated with any public and/or private re-development projects within the Town. The purpose of the Plan is "to provide a comprehensive and coordinated conceptual design for streetscape improvements that: 1) is supported by the community; 2) enriches the aesthetic appearance of the Town; and 3) emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience" The plan is divided into "sub-areas" or study areas. For purposes of this review, the Rams-Horn property is located within the "East Village" sub-area. VI. ZONING ANALYSIS Staff has completed a preliminary zoning analysis of proposal in relation to the land 'use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code. Items listed as "unknown" will be confirmed prior to any final hearing. A • summary of the analysis is provided below: 14 • Street Address: 1650 E. Vail Valley Drive Parcel Number: 210108258024 Zoning: Public Accommodation (PA) Land Use Plan Designation: Medium/High Density Residential Current Land Use: Medium/High Density Residential Development Standard Allowed/Required Existing Total Lot Area: 10,000 sq. ft. (min.) 33,559 sq.ft. Setbacks: Front: 20' Minimum varies Side: 20' Minimum varies Rear: 20' Minimum varies Building Height: 48' max. (PA) 42' 42' max. (SDD No.17) • • Density: DU's- dwelling units AU's- GRFA: Site Coverage: Landscape Area: Parking: 25 D.U.s/acre 50 A".U./acre 150% or 44,040 sq. ft. 65% (max.) or 19,084 sq. ft.**** 30% (min.) or 8,808 sq. ft. within building(s) 42' 10 22*** 19, 556 sq. ft Unknown Unknown 33 spaces Proposed No change 11' ** varies ** varies ** Unknown Unknown 14 No change 32,444 sq. ft. Unknown Unknown No change Loading: N/A Note: * Portion(s) of existing improvements encroaching into required setback(s) as approved via SDD No. 17 ** Portion(s) of proposed improvements are encroaching into required (PA zone district) setback(s); setbacks established via SDD No. 17 (approved site plan) *** SDD No. 17 sets forth density restrictions that limit the site to a maximum of 22 accommodation units '*** Site coverage currently set forth via SDD No. 17 (approved site plan) ***** PA zone district requires 75% of off-street parking to located "within the main building or buildings and hidden from public view." Parking requirements for Rams-Horn are currently set forth via SDD No. 17 (approved site plan) 15 VII. SURROUNDING LAND USES • Land Use Zoning North: Vail Trails Public Accommodation (PA) South: Golden Peak Ski Base Recreation (SBR) East: Med./High Density Res. High Density Multi-Family (HDMF) West: Med./High Density Res. Public Accommodation (PA) VIII. DISCUSSION ISSUES Overview of Conceptual Review: Identification of Issues and Opportunities The Applicant has submitted conceptual plans for discussion purposes at this time and has not provided a complete application. Overall, Staff suggests that the level of detail and information provided for this stage of (conceptual) review by the PEC is generally 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. Of note in any discussions relative to a major amendment to the Special Development District is a reminder of provisions of the existing SDD No.17 as well as real covenants in effect for the condominium association which place certain restrictions on use and further subdivision: • Special Development District No. 17 Specifically, the existing building (footprint and maximum ridge height) are tied to site plans, landscape plans and building plans made part of and approved via SDD No. 17 upon adoption via Ordinance No. 27, Series 1987. Relative to the purpose of Special Development District formation, Staff suggests that previous, site-specific (mass and bulk) approvals and/or restrictions for this parcel were most likely in response to unique site constraints, master plan goals of the Town for this sub-area, as well as concerns from neighboring properties -building height and potential impacts on views. The current proposal calls for increased building footprint (and further encroachment into established setbacks) as well as an increase of maximum building height. Of initial concern to Staff are the following issues relative to underlying PA zone disctrict standards, adopted codes and previously approved Special Development District development standards: o Proposed building height and impacts to adjacent properties (view shed analysis will be required); o Building Code issues relative to existing and proposed types of construction, as well as proposed uses, occupancy loads and exterior improvements (building/fire code analysis will be required); o Proposed building encroachments into established setbacks, and; o Site Coverage and Landscaping (Site Coverage/Landscape analysis will be required) • 16 Such issues should be discussed relative to the ultimate benefits provided to the • Town by any re-development of the Rams-Horn property, as well as opportunities to mitigate or eliminate any potential impacts on adjacent property Owners. Condominium Declaration The Applicant should verify all existing real covenants applicable to the property that may impact any future expansions, conversions, or encroachments into limited or general common elements. For example, proposed expansion of individual condominium units into common elements may require the creation of certain easement agreements and/or amendment to existing declaration(s). Conceptual Review Discussion Items In addition, Staff suggests that the following questions or areas of focus for any review and discussion might include: Site Constraints/Opportunities: o Siting of proposed improvements relative to applicable setbacks (approved SDD No. 17 Site Plan), property lines, adjacent improvements, rights-of- way, and any easements of record -encroachments proposed o Improvements to streetscape and public areas -new fence/site wall along Vail Valley Drive and potential improvements/connections to existing sidewalk network o Investigation/Feasibility study of integrating "green-building" and energy efficient design principles and construction techniques in the design development of the project o Addition of EHU on-site Desian: o Massing and bulk - form based considerations, compatibility with surrounding neighborhood and potential view impacts o Roof composition -pitches, overhangs and forms o Gross square footage increase o General exterior material and design elements o Facade and Fenestration o Building height calculations -conformance with goals and objectives of master plans and potential impacts on adjacent properties Uses (consistent with PA zone districtl: o Public Accommodation, residential and common area components Density o Accommodation Units o Dwelling Units o Maximum Density and GRFA Construction Considerations and Impacts o Code Compliance o Staging, Scope and Impacts to adjacent properties/uses • 17 Public Benefits and Impacts/Improvements within Public Wav.: • o Improvements within the public way, "Permission to Proceed" and goals of Streetscape Master Plan -potential impacts and/or improvements to the public realm and vitality of the streetscape (new walkways and site fencing) 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. Town of Vail Town Council "Permission to Proceed" prior to commencement of planning any improvements such as sidewalk improvements and new site fence within Town right-of-way; 2. Parking Analysis; 3. Employee Housing (Mitigation) Analysis; 4. Site Coverage Analysis -revised and updated site plan indicating existing and proposed site coverage; 5. Detailed Landscape Plan and Streetscape design elements -plan should indicate all existing and proposed improvements including existing, significant vegetation to be removed and/or preserved, all new site improvements (patios, walkways and plantings) and any proposed site lighting; 6. Grading, drainage and erosion control plans; 7. Building Height Calculations and View Analysis -Roof plan indicating all proposed ridge elevations, drawn over existing and proposed grades as well as an analysis of any potential view impacts to adjacent properties; 8. Building and Fire Code Compliance Analysis 9. Subdivision Regulations (Title 13, Chapter 7 - Condominiums and Condominium Conversions) ^ Re-subdivision of existing lot(s)/condominiums per proposed expansion and re-configuration of existing units and proposed creation of EHU 10. Title 14 -Development Standards Compliance Analysis Next Steps In Review Process Proposed* Next Steps and approximate time-frames inherent in the Development Review Process/Applications required: o Request "Permission to Proceed" from Town of Vail Town Council for any proposed improvements (new fence/site wall along Vail Valley Drive) within the public way o Submittal of complete application(s) for Major Amendment to Special Development District and Major Exterior Alterations o Return to PEC for formal review in August time-frame o Proceed to DRB for Conceptual Review in August time-frame o Return to PEC for Final Review /Review of Major Exterior Alterations in September/October time-frame o Proceed to Town Council for review of recommendation by PEC in October/November time-frame • o Return to DRB for Final Review in October/November time-frame 18 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. Staff is recommending, however, 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 Plan Set (under cover of memo) C. Rams Horn Rental Operations Summary (by Applicant) D. Project Overview/Zoning Analysis -prepared by Pylman & Associates, Inc. E. Ordinance No. 27, Series of 1987 -Special Development District No. 17 19 U • • Attachment A 20 • ~ooz '~~ 3Nnf 1H111W9nS dOHS~1210M ~3d NOllb~/~ON321 N210H-SW~d21 • Z W H w U u J LL N ~ F' ~ W = ~ U oc a ~~~ • m c m t ea ~. w a ~ ~~ . ~ooz '~~ 3Nn( J~ lb'llIW9nS dOHS~1210M ~3d N ~ NOlld/~ON321 N210H-SWd21 `=W ~ - LL. 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Q ~ ~ Z ~~ ~~ ~ ~ ~ A Q~ F tb ~O ¢~ ~~ ~~ ~~ n ~ ~ {rn ~O a~ ~~ a ~~ M_ ~ I°n Q 3 C7 ~ n H 1~ N C M pti N a~ 3 C~7 ~ r°~ m r N ~ C m~ .~ a m~ ~a n ~f r o ~ f") N ~ m ca m ~~ sF ~~ rn h ~ EC $ E m~ ca ~- ~~ ~F .tom r [") d N N iy}~ i m~ cQ m ~ u e is ~ ice- F m ,e C ~~ ~~ 0 m ~ ~ ~~ .~~a z o F ~ a a c`Oyl c ~s ~' s~ ~~ O M M ~~ ~~ ~~ w r N ~~ l0 A H F Z W F- W U u J t+l N ~ ~' ~ W = ~ .- U ~ a ~ W J W V Z o_ W V O O ~W/ LT \Nl 'Vw V 1 V Z a J • €itif,r ~..-.~., ~r.r ~a 1~ ~_... ~~~% ...~ ~~ i F- w I° u~ a E- - H z O z ~i C'J "'L3 ~_ U ~ ~ ~ ~ C v 'C7 ~ ~ ~ O ~ ~ ~ ~ ~~, Q ~ D t1t ~ "~3~ `- ~ ~ -~ ~ -~ c~J ~ C~ C •~ ~ N v ~ ~ 6I', C Lo'Z ~ .~ • • • PHONE (970) 476-5646 rays- orn 416 VAIL VALLEY DRIVE VAIL, COLORADO 81657 RAMS HORN RENTAL OPERATIONS o ~~~od~ JUL 0 2 2007 TOWN QF VAIL , FAX (970) 476-0301 The Rams Horn opened in approximately 1968 and has provided guest lodging for visitors to Vail for nearly 40 years. It operated as a lodge "without" in room televisions and telephone service by switchboard only until 1984 when the property was sold and through an SDD converted to condominiums with lock offs. Concurrent with this change the Children's Ski School at Golden Peak also opened in 1984. In 1987, a third floor and three condominiums were added to the western wing and thus you have the RamsHorn today. • Although the structure has changed slightly, the building operates in much the same fashion as it has for the past 40 years. There is a front desk that provides daily service. Reservations are taken at the same telephone number by Milligan Property Management which operates the rental program for the building as well as serves as managers for the Rams Horn Condominium Association. The managers are John and Diane Milligan who have worked in the building since 1983 seeing it both as a lodge operation as well as a condominium association. Continuing its long tradition, the Rams Horn provides an extensive rental program and continues to fulfill the intent the Town of Vail had in mind when the SDD was approved in 1984. The revenues provided to the town (available in town offices under Milligan Property Management) through tax dollar collection is impressive for a building its size. The Rams Horn fits well into its neighborhood and fulfills a special niche in serving families that desire to be close to Golden Peak. Parents and children can literally walk into the RamsHorn courtyard, go out the pool gate and directly across to the ski school. Based on the type of demand, the managers can rent whole condominiums, lock off bedrooms to downsize or add onto meet the particular need of a family or the needs of small business retreats. The building enjoys an extensive repeat business as guests like to come back to a place they know and to managers that know them and can greet them as though they were family. In addition to the excellent location to the ski school, the RamsHorn provides indoor ski storage space, wireless Internet, a small work out and game room, on-site • laundry facilities, on-site parking, and an outdoor swimming pooUJacuzzi. The front Attachment C desk staff assists guests in making dinner reservations, helps with needed services such as ski rental, shopping and provides general information about Vail activities both summer and winter. Many of our guests, particularly our return visitors, arrive without an automobile, and are able to enjoy their entire vacation without the need to use a car. Most guests do not venture further a field than the Vail Village and Lionshead areas. The Rams Horn parking lots have rarely ever been full due to guest demand. What will change if this project receives renovation and expansion approval? Basically nothing in terms of operations. The intent is to keep the Rams Horn running as it has for so many years in its role and special niche of providing excellent accommodations at the base of Golden Peak. The front desk will run as it does today. The amenities in general will remain intact. By increasing in size we are not attempting to compete nor can we compete with the large projects in Vail. Our goal is simply to expand in a small way our offerings and enhance the experience of the guests we serve. We would like to continue doing what we have done for 40 years and are hopeful and optimistic you will allow us to achieve this goal. ~h Y ~' ~ 1 lJ R ~John~.and Diane Milligan `, 1'Vlany~gers ~ • 06/07 • C~ RAMS-HORN LODGE; CONllOMINNMS A REVISION TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT # 17 n U Attachment D • RAMS-HORN LODGE CONDOMINIUMS A REVISION TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT # 17 Applicant Rams-Horn Lodge Condominiums Owners Association c/o Milligan Property Management • 416 Vail Valley Drive Vail CO 81657 Architect Fritzlen Pierce Architects 1650 E. Vail Valley Drive Vail CO 81657 Land Planning Pylman & Associates, Inc. 137 Main Street, Suite C107W Edwards CO 81632 • LJ 1.0 1.1 2.0 3.0 3.1 3.2 4.0 TABLE OF CONTENTS Introduction Purpose of Report Background & History Proposed Plans Conceptual Zoning Analysis 1 2 2 3 A. Proposed Uses 3 B. Density Control 4 C. Building Height 5 D. Site Coverage 5 E. Landscape Area 5 F. Parking 5 G. Setbacks 5 Employee Housing Summary 6 6 L • 1.0 Purpose of Request The purpose of this request is to provide information sufficient to allow a work session level review of a potential upgrade and addition to the Rams-Horn Lodge Condominiums. The Rams-Horn owners are interested in obtaining staff and Planning Commission input on the conceptual building improvements as currently designed. Based upon this input, and that of the neighbors and other interested parties, final refinements will be made, all additional required information will be submitted and a formal review process will be initiated. 2.0 Background and History of Rams-Horn Lodge Condominiums The Rams-Horn site consists of what has formerly been described as three separate parcels of land that tota133,559 square feet in size. The main parcel is Lot A Block 3 Vail Village 5th Filing and Tract F of Vail Village 5th Filing. Tract F is a part of the main parcel but is covenant restricted to parking use only. Tract F is the Rams-Horn surface parking lot southeast of the building. The third part of the Rams-Horn property is a portion of the long ago vacated Hansen Ranch Road that serves as the front parking area. • The Rams-Horn property is zoned Public Accommodation (PA) with an overlying SDD approval. The Rams-Horn Lodge was originally constructed as a twenty-eight or thirty room lodge that also included three dwelling units. According to old Town of Vail records the two-story building included 8,146 square feet of area dedicated to the lodge rooms, 2,479 square feet in the three dwelling units and 1,337 of lobby/lounge area. In 1982 the Town of Vail approved an ordinance that required existing lodge units converting to a condominium form of ownership to have a use restriction preventing an owner from using his or her unit for an extended period of time during peak season. In 1984 the lodge was sold to a new ownership group and underwent a facelift and a conversion to condominiums. The building was remodeled into seventeen accommodation units and seven condominiums. As a condition of the condominium conversion a rental restriction was placed on the portion of the property that consisted of the accommodation units and the four new condominiums. No rental restrictions were placed on the three existing dwelling • units. Pylman and Associates, Inc. June 2007 • In 1987 the Town of Vail approved a rezoning of the Rams-Horn Lodge to SDD # 17. This SDD approval allowed for a remodel of the existing building and an addition of a third floor to the building. The reconfigured building now consists of 10 dwelling units with 22 accommodation units. The accommodation units exist as lock-off bedroom/bathroom accommodation units to the dwelling units. Rental requirements were included for most of the building area. The original three dwelling units, units 5, 10 and 11, and the living room, dining room and kitchen area of unit 12 do not have use restrictions. There are currently a total of eleven owners in the building, with a couple of owners holding multiple units. The front desk operation remains in place and the building is aggressively marketed and operated as a short-term rental property. At this time all of the building space is available in the rental pool. The owners of the non-restricted space have, at this time, voluntarily made their property available to the rental program. The Rams-Horn has long been a family oriented rental and ownership building and has a very strong and loyal repeat business. The typical Rams-Horn rental client is a large or extended family that rents one or more units at a time. The location on the edge of the core area and immediately adjacent to the Golden Peak Ski School facilities makes this site very desirable for family use. Historically • there has been very little demand for use of the accommodation units as typical hotel rooms. In 1999 the Town of Vail made some fairly extensive revisions to the Public Accommodation (PA) Zone District in an attempt to encourage the redevelopment or upgrade of lodging properties within the Town. The changes included: • Increase in allowable GRFA from 80% to 150% of site area • Deleting accommodation units, fractional fee and employee housing units for the purpose of density calculation. • Increase in building height to 48feet. • A requirement that 70% of new GRFA be in the form of accommodation units or fractional fee units. 3.0 Proposed Plans The Rams-Horn Lodge Condominium Owners Association desires to undertake a property wide interior and exterior renovation to the existing building and grounds. The proposed improvements include: Pylman and Associates, Inc. 2 June 2007 • Exterior facade improvements to bring the building up to current • appearance standards for the village core area • Parking and driveway improvements • New and improved public sidewalks • An enhanced building entrance/front door area • Upgraded and enlarged lobby and front desk • Improved vertical circulation within the building • Renovated basement area with improved recreation, owner storage and laundry facilities • Afire sprinkler system • New onsite employee housing • Minor additions of additional square footage to select locations on the first, second and third floors • The addition of a fourth floor to the building 3.1 Conceptual Zoning Analysis A. Proposed Uses The Rams-Horn Lodge Condominiums is currently designated as SDD #17, approved by Ordinance No. 27 Series of 1987. The underlying zone district is Public Accommodation (PA). • The Rams-Horn owners association has been exploring the concept of adding to and upgrading the building for about five years now. Various alternatives have been investigated, ranging from a straightforward facade remodel to a complete tear down and re-build. The ownership group has selected a scenario that will result in an upgrade and overall architectural and interior enhancement of the building that does not include a tear down and does not include the participation of an outside development entity creating new for sale square footage. The additions to the first three floors all result in the minor expansion of existing units. Not all of the units in the building will gain space. The fourth floor space will become the property of the current third floor owners. Some of these owners wish to use the space to expand the size and livability of their existing units while some wish to add a kitchen to the fourth floor space and own an additional separate unit. This proposal is not driven by an immediate desire to sell the newly created space in the building. On the existing three floors of the building the general interior layout configuration will be maintained and the proposed new square footage to be added to the building will complement the existing configuration. The fourth floor area to be added has not been fully designed or programmed at this stage. • Pylman and Associates, Inc. 3 June 2007 • A significant part of this application is a desire to improve and upgrade the common areas of the building, including building entry, the front desk and the lobby area. The existing rental program will remain in full operation. While the configuration of the condominium and lock-off units are not in absolute compliance with the description of the PA Zone District, the fully managed rental program absolutely meets the short-term occupancy goals of the Town of Vail and meets a demand for a very desirable type of rental product in a tremendous location. The existing Rams-Horn building consists of 10 dwelling units with 22 accommodation units. Most of the accommodation units are configured as lock- offbedrooms to the condo units, however several accommodation units are owned as stand alone units. The proposed upgrade and additions will result in an enhancement of those existing units and will create additional space on the fourth floor. This fourth floor space will also be placed in the rental pool and will provide additional short- term beds in the village core area. The proposed building revisions will result in the addition of approximately 1,463 square feet of living space and 650 square feet of common area on the ground • floor, 2,037 square feet of living space to the second floor, 1,529 square feet of living space to the third floor and a new fourth floor of approximately 7859 addttional square feet. The basement level of the building currently includes an exercise and recreation room, laundry facilities and owner storage lockers. This portion of the building will be remodeled to upgrade these facilities and additional space will be excavated to create approximately 1,250 square feet of employee housing space. The homeowners have formed an architectural design committee to determine the exterior design style and finishes. A range of architectural styles has been considered and some of the concept drawings are included in the accompanying graphics package. B. Density Control The underlying PA Zone District allows for up to 25 dwelling units per acre of buildable site area. Employee housing units and accommodation units do not count towards density. The Rams-Horn property includes 29,360 square feet of area zoned Public Accommodation and 4,194 square feet of area zoned Parking. Utilizing the PA zoned 29,360 square feet the Rams-Hom is allowed 16.8 • dwelling units. The existing density is 10 dwelling units and the proposed could Pylman and Associates, Inc. 4 June 2007 be as high as 14 dwelling units if all four third floor owners want to create • separate units on their fourth floor space. The allowable GRFA, at 150% of the site area, is 44,040 square feet. The existing building, counting all of the accommodation units, is 19,556 square feet and the proposed building, again counting all accommodation units, is 32,444 square feet. These densities are well within the range of the PA Zone District. C. Building Height The underlying PA Zoning District allows a building height of 48 feet. The Vail Valley Master Plan identifies the Rams-Horn property as appropriate fora 3 - 4 story building form. The existing height, according to Town of Vail records, is 42 feet. The proposed height cannot be precisely measured until the applicant and Town staff jointly determine a base plane elevation for the Rams-Horn site. However, the proposal is in compliance with the 4 story building height of the Vail Village Master Plan. It is likely, given the 42 feet height of the existing building, that some relief from the 48 foot building height requirement may be required to accommodate the 4`h • floor addition. D. Site Coverage Existing site coverage is unknown and is not listed in the Town of Vail files. The PA Zone District allows a site coverage of 65% of the total site area. As building plans are finalized a detailed calculation of site coverage will be completed. E. Landscape Area The PA Zone District requires 30% of the site area to be landscaped. As building plans are finalized a detailed calculation of site coverage will be completed. F. Parking The existing building includes a total of 33 surface parking spaces. The proposal does not include any provision to add parking spaces to the site. • Pylman and Associates, Inc. June 2007 • G. Setbacks The underlying PA Zone District requires a 20' setback on all sites. The existing building footprint does not fall completely within this 20' setback requirement. The proposed additions generally follow the existing building footprint, but in some areas the additions present an additional encroachment into the required setback. This can be most clearly understood by reviewing the attached plans. 3.2 Employee Housing The Town of Vail has recently enacted new employee housing requirements for new development within the Town of Vail. Ordinance No. 8, Series 2007 requires that all new development and redevelopment in town must mitigate the employee housing impact by providing employee housing at a mitigation rate of 10% of the total new GRFA. The proposed additions to the Rams-Horn Lodge equal approximately 12,888 square feet of GRFA, which equates to a mitigation requirement 1,288 square feet of employee housing. The proposal includes the provision of approximately 1,250 square feet of on-site • employee housing. Any remaining requirement will be met via the pay in lieu program. 4.0 Summary The proposed improvements to the Rams-Horn Lodge create additional space for the existing owners; provides additional beds for rental opportunity in the village core and results in a building that meets the upgraded character of the immediate neighborhood and the overall Vail Village core area. These improvements will be accomplished without the involvement of an outside development entity and will meet the ongoing goals of the Town of Vail to provide a wide variety of high quality short-term rental opportunities to the visiting guest. The Rams-Horn Owners Association is very interested in obtaining additional input into the building design, constraints and opportunities before moving forward with detailed plans. • Pylman and Associates, Inc. 6 June 2007 • ORDINANCE N0. 27 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD N0. 17) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal code authorizes special development districts within the Town; and WHEREAS, the Ramshorn Partnership, owners of the Ramshorn Lodge, has submitted an application for special development district approval for certain parcels of property within the Town known as Lot A, Block 3, Vail Village 5th Filing and a part of Tract F-1, Vail Village 5th Filing and a part of vacated Hanson Ranch Road right-of-way known as Parcel RH as further depicted on the attached survey (Exhibit A); and WHEREAS, the establishment of the requested SDD 17 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 17. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Amendment Procedures Fulfilled, Planning Commission Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the • Planning and Environmental Commission recommending approval of the proposed development plan for SDD #17. • Section 2. Soecial Development District 17 Special Development District No. 17 (SOD 17) and the development plan therefore, are hereby approved for the development of the three parcels noted above within the Town of Vail. Attachment E • Section 3. Purpose Special Development District No. 17 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 17 which cannot be satisfied through the imposition of standards in a Public Accommodation zone district. SDD 17 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 17 is approved and shall constitute the plan • for development within the Special Development District. The development plan is comprised of the following plans by Morter Architects and consists of the following documents: Sheet 1.. Site and Landscape Plan - Final Revision::August 4 87. Sheet 2. Existing First Floor Plan - Phase One - 29 June ~87. Sheet 3. Existing Second Floor Plan - July 2, 1984. Sheet 4. Ramshorn 3rd Floor Addition - Final Revision - 17 July ~87. Sheet 5. Existing Phase Two Floor Plans Final Revision - 29 June 87. Sheet 6. Ramshorn 3rd Floor Addition Proposed - Elevations - 29 June 1987. Sheet 8. Ramshorn 3rd Floor Addition - Building Section 29 June ~87. B. The development plan shall adhere to the following: Setbacks • Setbacks shall be as noted on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above but in no case shall exceed 42 feet on any part of the site. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as indicated on the final landscape plan approved by Design Review Board and on file in the Community Development Department. C7 Parkins Parking shall be provided as indicated on the site plan, but in no case shall the site have the ability to park less than 41 automobiles. • r_1 LJ Section 5. Densitv SDD 17 shall not contain more than 22 accommodation units representing 7,529 square feet of gross residential floor area (GRFA) and 10 dwelling units representing 9,521 square feet of GRFA. The site shall have a maximum density of 21 units representing a total GRFA of 17,050 square feet. Section 6. Uses Permitted, conditional and accessory uses shall be as set forth in the Public Accommodation Zone District. Section 7. Use Restrictions Owners' use restrictions for all of the dwelling and accommodation units except the third floor addition as proposed and approved in July and August of 1987 shall be as set forth in the condominiumization approval granted to this property in 1984 please refer to the June 20, 1984 memorandum and attachments from Community Development Department to Planning and Environmental Commission). Said restrictions are on file in the Community Development Department. Owners' use restrictions as per Section 17.26.075 of the Town of Vail Subdivision Regulations shall apply to all of the third floor addition as proposed and approved in July and August of 1987 with the exception of 1556 square feet of Unit B located on the southerly end of the third floor. Thus, dwelling units A and C as well as five accommodation units (allowed to be used as bedrooms for the adjacent dwelling units) shall be restricted as far as the owners' use as per Section 17.26.075 of the Uail Subdivision Regulations. Section 8. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 9. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently • toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding sub-section, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 10. Conditions of Approval for Special Development District 17 1. The SOD shall encompass both Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing and Part of Parcel RH as shown on Exhibit A. Tract F-1 shall be restricted in that all density which could be realized from the rezoning to pubic Accommodation on that parcel is now • being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing all parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. This additional parking shall appear on the final site plan. 3. A concrete sidewalk a minimum of six feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking ]ot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. . This sidewalk shall be constructed and paid for by the applicant. Final design of the sidewalk shall be agreed upon before a building permit is issued and the applicant agrees to enter into a written, binding agreement at the time of building permit for the construction of said sidewalk. 4. If, in the sole opinion of the Vail Town Council there exists an inadequacy of parking on the site, notice shall be given to the condominium association. Within two weeks of said notice the association shall institute valet parking. Valet parking will be utilized from that point forward when conditions warrant (i.e. when peak parking demand is • experienced). Violation of this provision will constitute a violation of the zoning on the property according to this ordinance. 5. The design of the sidewalk and landscaping and possible street lighting adjacent to the sidewalk shall be discussed at the Qesign Review Board level. 6. The use restrictions as described in Section 7 of this ordinance shall appear in the condominium declarations which are recorded with the Eagle County Clerk and Recorder, and that this provision of the declarations should not be amended or repealed without the approval of the Town Council. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. • • • INTRODUCED, READ AND PASSED ON FIRST READING THIS 21st day of Jul.v , 1987, and a public hearing shall be held on this ordinance on the 21st day of July 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of Julv 1987. ATTEST: Pamela A. Brandm INTRODUCED, READ • ATTEST: `~ c^~~ Kent R. Rose, Mayor ro Tem ~~~ Byer, Town Jerk AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ~ this ~~~ day of ..,~ 87~~ P'atrl-'R. John' on, Mayor Pamela A. Brandmeyer, Tows Clerk • • N 56.55'05"E 24,94'._ I SS~° N 74 ° 14'06 " E , 20.60'`\ / j s2~ s3 •~ ' .., N 6' 32 ' E ~ ~a~` PARCEL RH i~~ `3 `~`~')~C"'~ ''I ( PARKING LEASED fROM P-2 ASSOCIATE 51 ~ R = 161.41 Ip:2g°11'45" / 10 ~$ 3 ff~o ~4 ~~7' D~ Ngl°59'06~~E FOUND PINBCAP = 82.25' T a LOG, L 52.94' L s xsse T =42.04' IT or ~= N 67°23'14" E, BI,36' r, ~/~~Gr F ~/ v~~~ ~~~~ ~~~ CrC/~~ INNING ~~ l 1 ti ~~ ~T ~' !~ / . ~. d / vAa ~/ ~••~ )'/ . ~ G C.E. ~ g~. ~ C I //~i..GG-. ~~~ / A , y ' ~ '~'. STAIRS b9 ~ I ~ ,• 6.9 29', ~ j o: ?~. ~ 3 LEVCI ADDITION ' h i +o• ,~^ ~ m ~ p• fir`. ' 200 6 _. is r• ~. s ~ ~. - 80 ~~ ~ ~ ~ ~,~ 109+~ PATIO °C `~ 30' 2~ d STAIRS OEOK sO n' 9g• N L.C.E i o ~ ~ 1 I n f~~' a.. ~ G. L \. T v ` , }. _1 DEECE x LEVEL BUILDING ,~~ N1~ G C.E. W O O •N O 0 ° O N ~ ~~ . ~.s J' . I 9.9 ~ _ ' G.C.E. ~O. ~ 5O.6~ 80 BRASS CAP MONUMENT ' _ •k~ •u FOUND N 28°22' E , I.I' SCALE i' 20 I. '- q V N ~•• a o q.7B' ~ --~ "~ UTILITY ESMT. '~~~-" ~~ ~ 9.0. BM.4OS Pa 253 S 82° 37 00 E -- ~-.~ `rci ~1 ~ ' o G.G.E~ -~~.~,~~71LIT`A~ 87.45' ~' ~~7 `, ~ @9~ ~ ~ ~ E=T •\TOTA4 ~ \\pV0` ~ eII,N ~1'J' A J ~ IS.O' n u W ,- R= 175.00• I LEO.E is ~ J' ^ _ ~' ps 76! 29'09" -1Y~_ i w. - ~~ - ry N p .>;: m - L • 233.61 ' \' ~J IS.I' N b + ~ -~1t T = 137.92' 7,s I ~ CM = N 46°15'28" w '" ^ ~ 0'4 216.65' ^ sHED ~; PooLS W W A ~v;~T C~ Ti~ACT I -~ ~` \ G.CE. ~ 0.C.E. y.. G.C.E n r J4. I' "1N I On K e e i \ ~O Om ,,; Ii= •CREEK C I FOUND PIN l.s 22S7S NOS°5B'Yl, 2.x~ MAIN VAIL INTERCHANGE ~ ~ C~ L, J6.OS' I < /( 39.95' NB4°30'03"1y ' I I\ . I ROAD (50' ) ~ ER ~TOwN of vAIL JTgt f Nwr Nq TO E45T MEADOW DRIVE - ~••~ .-NORTH FRONTAGE ROAD ' I ' ` ~ RIIN.IffT RITP (~~~~ ' • 1. Section 5.20.020 E. "Street Entertainer" To read - "Street Entertainer" means a person who performs mime, magic, music, juggling, comedy, story telling, or other types of entertainment on public streets, property, or rights-of-way at no charge to the public. 2. Section 5.20.020 F. "Street Artisan" To read - "Street Artisan" means a person who creates and sells portraits, landscapes, streetscapes and other types of two dimensional art on paper, canvas, or similar material while on public streets, property, or rights-of-way. 3. Section 5.20.070 A. License - Term - Cancel]ation To read: A. A transient dealer's, street entertainer, or street artisan license issued under this chapter may be revoked by the Director of Community Development, or his/her agents, for any of the following causes: A licensee may appeal any such decision to revoke a license within ten days following such revocation to the Town Council. Upon hearing such appeal, the Town Council may uphold, overturn, or modify the revocation. 4. Section 5.20.090 Selling on streets prohibited To read: This section shall not, however, be deemed to prohibit the selling of taxicab or pedicab services or horsedrawn conveyance rentals on the streets or rights-of-way within the town, where such vehicles are permitted to • operate by the laws of the town or activities of street entertainer or artisan as permitted under this chapter. 5. Section 5.20.095 A. Street Entertainer and Street Artisan To read: Of these permits, no more than two shall be issued for the Vail Village area, nor more than two for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit{s) are available. Permits shall be issued on a first-come, first-serve basis. 6. Section 5.20.095 B. To read: Of these permits, no more than four may be issued for the Vail Village area nor more than four may be issued for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first-come, first-serve basis. Eric Affeldt moved to approve the ordinance, with the changes included per Kent Rose, and Kent Rose seconded this motion. A vote was taken and the motion passed 'unanimously, 7-0. ~~~.n.e•x-t--i~e~f business was Ordinance No. 27, Series of 1987, second reading, an ordinance approving a special development istri~t (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code'and setting forth details in regard thereto. Peter Patten noted the following correction should be made: Section 4. Development Plan. Sheet 1. Site and Landscape Plan - Final Revision: 4 August 87. Gordon Pierce suggested the electrical conduit for the street lights along the public walkway to be arranged for by the Town of Vail staff and the developer prior to laying the walkway. Kent Rose moved to approve this ordinance, with a second from Gordon Pierce. A vote was taken and the motion pass unanimously, 7-0. The fourth item of business was a request from Holy Cross Electric for an easement. Tom Braun explained the background on this request. Richard Brinkley, manager of services for Holy Cross Electric, spoke on behalf of the applicant and the judiciousness of approving this easement. Chris h~euswanger lodged a citizen complaint in regard to placement and lack of landscaping of a similar transformer box on his private property. And Brian McCartney, head of mountain operations for Vail Asseciat®s, spoke rega;~•ding the necessity of this easement for mountain operations for this coming winter season. After considerable discussion regarding size of transformer boxes, placement, and screens or landscaping, as well as a possible DR8 approval process becoming mandated, it was decided that the final placement and -2- MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: A request for a work session to discuss a Major Exterior Alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for 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 I. SUMMARY The Applicant(s), Jeffry B. Selby, Charles H. Rosenquist, and Richard N. Brown represented by Jay Peterson, have requested a work session with the Town of Vail Planning and Environmental Commission to discuss the proposed plans 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 first (main) and second level floor area by approximately 723 sq. ft. o Demolition and renovation of existing exterior (above grade) stairs, entry and exterior materials; o Demolition and renovation (including code compliance updates) of existing commercial spaces on lower, main and second levels; o Renovation and expansion of first (main) level commercial space including revised entry; o Addition of new roof element on west side of building and replacement of existing roof materials and assemblies for entire structure; o Removal and replacement of existing building (tenant) signage. Discussion is requested with regard 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 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 II. DESCRIPTION OF THE REQUEST • Purpose of Worksession The purpose of this meeting is to discuss how this remodel and addition proposal compares to the zoning regulations prescribed for development within the Commercial Core Area 1 zone district, master plan documents, as well as 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) submitted 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 • 289 sq. ft. expansion/addition inclusive of: expanded and reconfigured ground floor commercial space and new front entry • Addition of elevator on the north side of the building and adjacent to • Bridge Street • Relocation of an existing steel stair on the south elevation 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, necessary for proposed Level Two expansion Level Two -Unit C3 (Currently Real Estate Office Space) • Demolition and remodel to existing exterior materials and detailing inclusive of: new siding, new roof element on west elevation, roof replacement, as we11 as new trim, fascia, soffits, windows, doors and balconies • 434 sq. ft. expansionladdition (Bridge Street/west side) to existing Office use • Addition of elevator on the north side of the building and adjacent to Bridge Street • The elimination of exterior staircase and wood balcony structure on the west (Bridge Street) elevation • 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, win to match all other exterior alterations proposed on north, south and west elevations • • No change to interior space for residential Unit R1 2 • Level Four - Unit R2 (Residential Condominium Unit and Tower of Condominium Unit) • Demolition and remodel to existing exterior -repair and replacement of stucco and vertical board and batten siding to match all other exterior alterations proposed on north, south and west elevation • No change to interior space for residential Unit R2 In addition, the Applicant commercial/office floor area (Attachment A). Briefly (in part) has provided calculations relative to gross within the existing and proposed structure Existing Total 7,277 sq. ft Proposed 8,000 sq. ft. Increase 723 sq. ft. Of note is the second floor expansion of existing office space (towards Bridge Street) and the corresponding addition of a new gable roof element on the west elevation, as well as the proposed expansion of first level commercial space and corresponding changes to the existing front entry and staircase to the second level located on the south side of the building. The Applicant proposes this re-development in order to gain a more functional floor plan and improve retail and office operations on the site; no increase to residential GRFA is proposed. Therefore, a primary goal of any re-development • of this site will be to increase retail space functionality, increase usable office square footage, bring the building into compliance with current building and/or fire codes and to generally improve the exterior appearance of the building. Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the regulations, guidelines and standards affecting re- development within the CC1 zone district and to allow the Commission, Applicant and public an opportunity to comment on the project's potential benefits and impacts. 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 related to the proposal; 2) Specific or additional review requirements for the impending review and approval processes. To this end, the Bridge Street Building re-development project includes the following primary application and review component(s) and considerations: o A major exterior alteration application pursuant 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 Exemption Plat Review Procedures pursuant to Chapter 12, Title 13, Town of Vail Municipal Code 3 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 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, within 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 (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 if's predominantly Tyrolean architecture, is the site of fhe earliest development in Vail. Over time, a need to 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." • The Rucksack Condominium building was originally constructed in the early 1960's, has been remodeled several times starting 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. 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 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 4 • = 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 - 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) 12-78-1: 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 pedestrianways and public greenways, and fo ensure continuation of the building scale and architectural qualities that distinguish the Village. ,7 6 • 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 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 improvement in CC1 disfricf. 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, this 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 IMPROVEMENT (in part) • Structures and site improvements lawfully established prior to the effective date herefo 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 bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase 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 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 protection 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 built 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 fhe 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. 72-22-7: 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 quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 72-22-8: HEIGHT LIMITATIONS (in part): • If the maximum height allowed in any zone district within fhe town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights fo 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 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. 9 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 I 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 densify 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.) • 10 • 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 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 Master 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 Clock Tower 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): 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 Policv: 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 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 Policv: 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. 12 . 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 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 streefscape improvements (such as paver treatments, landscaping, lighting 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.J 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 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavemenf), maintenance 13 fees, or other considerations may be required to offset impacts on Town services. Vail Village Urban Design Guide Plan VI 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 establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. Town of Vail 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. ZONING ANALYSIS Staff has completed a preliminary zoning analysis of proposal in relation to the land use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code. Staff will provide proposed development parameters once additional information is received from the Applicant. A summary of the analysis is provided below: 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 Allowed/Required Existing Proposed Buildable Lot Area: 5,000 sq. ft. (min.) 4,108.85 sq.ft. No Change Setbacks: None Required (or unless specified otherwise in the WMP) *'' Building Height: 60% at 33 ft. or less 34' No Change 40% at 33 ft. to 43 ft. 56' 10" " No Change Density: DU's- 25 D.U.s/acre 2 No Change dwelling units AU's- 50 A.U./acre None None GRFA: 80% or Unknown No Change 3, 287.08 sq. ft. • 14 • Site Coverage: Landscape Area Parking: 80% (max.) or 3,287.08 sq. ft. Per the Vail Village Urban Design Guide Plan Pay-in-Lieu (12-7B-17) Unknown Unknown Loading: 1 berth (<=10,000 sq. ft.); None None plus 1/every 5,000 sq. ft. over 10,000 sq. ft.; or, 6 berths (3 total per section 12-10-15)*** Notes: * Existing Tower Height ** Setbacks vary around the development site depending on the location of the "build-to-line" specified in the Vail Village Master Plan. *** Total berths required for multiple use loading facilities per credit granted pursuant to section 12-10-15. U VI1. SURROUNDING LAND USES Land Use North: Mixed Use Development" South: Mixed Use Development" East: Mill Creek (T.O.V. Parcel) West: Mixed Use Development Zoning Commercial Core 1 (CC1) Commercial Core 1 (CC1) Outdoor Recreation (OR) Commercial 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. VIII. DISCUSSION ISSUES Overview of Conceptual Review: Identification of Issues and Opportunities The Applicant has submitted conceptual plans for discussion purposes at this time and has not provided a complete application. Overall, Staff suggests that the level of detail and information provided for this stage of (conceptual) review by the PEC is generally 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. Of initial concern to Staff are: • o Building and Fire Code issues relative to existing and proposed types of construction, as well as proposed uses, occupancy loads and exterior improvements o Integration of exterior remodel design and materials elements to entire building -scope of project and visual impact to adjacent public spaces within Mill Creek Park 15 Conceptual Review Discussion Items • In addition, Staff suggests that the following questions or areas of focus for any review and discussion might include Site Constraints/Opportunities: o Minimum Buildable Lot Area -staff has identified an issue of non- compliance with zoning relative to minimum buildable lot area; the lot is legal, non-conforming at only 4,108.85 square feet. o Siting of proposed improvements relative to applicable setbacks, property lines, adjacent improvements, rights-of-way, and any (balcony) easements of record -encroachments proposed/potential building and fire code issues o Potential pedestrian connection between Bridge Street and Mill Creek pedestrian area/open space pursuant to Vail Village Urban Design Guide Plan goal No. 13B - "Mid-block (covered) from Bridge Street to Village Plaza" Design: o Massing and Bulk o Roof composition -pitches, overhangs and forms o Gross (commercial/office) square footage increase o General exterior design elements - as applied to entire building o Facade and Fenestration o Street level entry points and transparency at pedestrian level, "Pedestrianization" and "Vibrancy", and improvements adjacent to public areas o Building height calculations o Heated outdoor space o Site improvements and landscaping -Vail Village Streetscape Master Plan o Investigation/Feasibility study of integrating "green-building" and energy efficient design principles and construction techniques in the design development of the project Uses: o Retail, office and residential components -new first floor tenant use proposed and verification of office use (tenant) proposed on second floor o No new residential square footage proposed; no interior remodel proposed for residential units o Comparison of proposed improvements relative Vail Village Master Plan goal No. 3.4 -Mill Creek Commercial Inf!Il (pg. 48) Construction Impacts and Code Compliance o Code Compliance -zero lot line construction, egress/access and condition of existing improvements not proposed for remodel o Impacts to adjacent structures/uses Public Wav: o Improvements within the public way, "Permission to Proceed" and goals of Streetscape Master Plan -potential impacts and/or improvements to the public realm and vitality of the streetscape • 16 • o Improvements affecting adjacent Town parcel (Tract G) -potential impacts and/or improvements to pedestrian access to and from building, and achievement of Vail Village Master Plan goal No.(s) 3.4 -Mill Creek Commercial Infill, and; 3.8 -Mill Creek Streamwalk (pg.(s) 48-49) 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. Supplemental Regulations (Title 12, Chapter 14) • Architectural Projections above Height Limit (12-14-4) • Sign Regulations (12-14-15) • Property Owner Maintenance Responsibility (12-14-16) • Setback From Water-Course (12-14-17) • Commercial Core Construction (12-14-20) 2. Parking Analysis -pay-in-lieu fees for new commercial square footage 3. Housing Analysis -pay-in-lieu fees for new commercial square footage 4, Code Analysis -building and fire code analysis relative to zero lot line and proposed improvements 5. Site Coverage -analysis of existing and proposed site coverage 6. Landscape Plan/Streetscape design elements 7. Grading, drainage and erosion control plans 8. Building Height Calculations -Roof plan indicating all existing and proposed ridge elevations, drawn over existing and proposed grades 9. Proposed Encroachments into Existing View Corridors (12-22-6) 11. Subdivision Regulations (Title 13, Chapter 7 - Condominiums and Condominium Conversions) • Re-subdivision of existing lot(s)/condominiums per proposed expansion of gross commercial and office floor area 12. Development Standards - Title 14 Next Steps In Review Process Proposed* Next Steps in the Development Review Process/Applications required: o Completion of Code Analysis for Building and Fire codes to determine feasibility and constraints of any remodel activity o Submittal of complete application for Major Exterior Alterations o Return to PEC for Final review of Major Exterior Alterations in July/August time-frame o Return to DRB for Final Review in August/September 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. • 17 IX. STAFF RECOMMENDATION • As this is not a final review, the Community Development Department will not be making a recommendation at this time. Staff is recommending, however, 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 fo July 23, 2007, for formal review. X. ATTACHMENTS A. Cover letter/Project overview and square foot analysis by Applicant B. Reduced Plan Set C. View Corridor Image -View #1 D. Final Plat -Rucksack Condominiums • 18 • Attachment C #1 • 19 ~ I m 1 iitzlr~n 1i°V '\fr Iiii~~< I \'l'illiarn F Pier % -~~ fiiit ~ t 1,,.~,n D.°arclull Ihn°~~~t ~~( ~\r~.ttiv.~~:tu~, • July 5, 2007 • FRITZLEN PIERCE The Town of Vail Planning & Environmental Committee Scot Hunn Ladies & Gentlemen: FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Attached please find Fritzlen Pierce's first submittal of The Bridge Street Building (formerly The Rucksack Building) for Review & comment by P.E.C. The existing building includes a two story plus basement commercial wing which generally includes the west (Bridge Streeet portion) of the existing building ; and a four story residential wing & tower which generally includes the east (Mill Creek portion) of the existing building. Within the existing commercial wing are a basement level delicatessen, a first floor retail store and a second floor office suite with real estate sales offices. The proposed project generally involves a major exterior alteration of the commercial wing, removal & replacement of the existing roof at the commercial wing; complete removal of interior finishes at the first & second floors (the basement deli will remain "as-is"); the relocation of an existing steel stair on the south building elevation and its replacement with a heated stone stairway; the installation of an elevator to provide handicapped access to the main & second floors; mechanical and electrical upgrades to the commercial building, the addition of fire sprinklers to the commercial and residential wings, replacement of wood shingles on the existing residential roofs with anon-combustible roofing; and minor changes to the residential tower to provide some consistency to the existing and proposed exterior appearance. The project anticipates a retail tenant on the main floor and real estate sales offices on the second floor. The residential occupancy will remain as-is as will the basement deli. The existing commercial wing is currently approximately 7277 square feet. The proposed commercial wing is projected to be approximately 8000 square feet. (See chart below) The Bridge Street Building (Formerly The Rucksack) Area Existing Sq. Proposed Sq. Description Ft. Ft. Existing Use Basement 2196 2196 RestauranVboiler/storage First Floor 2918 3207 Retail/office/storage Second Floor 2163 2597 Real Estate Sales Offices Second Floor + ~ N.A. N.A. Residence # 1 Third Floor N.A. N.A. Residence # 2 Totals 7277 8000 723 t; ;t i ~~~~ Vail Vat I,~ C)riv~~~ 1 Ilriu,r~ ~. , P~ ~a 11.x-(, t,",=tom ~~~tt:~lz~~.n~ar~~itit~,ct~ art: wwnv.v8ilo~,"tilci Is : nn Proposed Use RestauranVboiler/storage Retail/office Real Estate Dicovery Center Residence # 1 Residence # 2 Attachment A FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO r 1 ~J Fritzlen Pierce has met on site with representatives of the Town of Vail fire department and building department to identify life safety and code issues. While the issues have not been fully addressed as of this submittal, we are confident that we can develop satisfactory solutions for each issue. This project is planned to be constructed in the fall of 2007. We believe that the improvements proposed to the Bridge Street Building will greatly enhance the appearance of the property and the Village, improve the public's perception of the village, enhance the pedestrian experience in the Village and address the building's safety and longevity. The attached package includes a conceptual rendering of the new retail facade, existing and proposed elevations of four sides of the building, existing and proposed floor plans of the basement, first floor and second floor of the commercial wing, site plan and two photographs of the existing building at Bridge Street. We look forward to meeting with the committee on )uly 9 and receiving your comments and recommendations. Respectfully submitted, 1~ . T ~on Dearduff Y • Director of Architecture Fritzlen Pierce Architects Cc: Jay Peterson Jeff Selby FRITZLEN 1 h5~ `,i~! \~,~il t w4~" I)rnr I',~11rir,;;~.~ (- P I E R C E 4311, l d~~<<xl~ ~;1f.,'~;- -^~^"•~,• iv4VW.b3iif]I(.; ~.il!'::L.t illil a~~o~~'~ ~~,~n LQ~z'~~ o"` Q~~B 3H1 33~1S 3~ ~a~~~~' 1 ~~ Z z z o Q z o z ~ Z '~' J W ~ J ~ ~ uJj W J W a W cn = or ~ ~ Z Z ~ Z ~ _ ~ W 0 0 0 0 o z o 0 o W 3 O i u. © u' '~ d 1-' ~ z D ~ ~ 7' W > .~ ~ o v J W ~ v at ~ W W W W J W V ~ Q .[ o ~ ~ J ~ J W J = = W ~ '°[ J '~ z = VS W z W6. ~ _ ~ W W W W W 4- cn ~ d a. ~ O ,,, ~ ~ O ~ ~ w Z ~ o U w ~ o o a+ r `- W W ~ W ~ W V U ~ n W W V 4 o ~ N ~ W uJ W ~ V ~ Q Od- C.. C. W W W ~ V Q ~ O. a- C- W J ~ (,~ ~ .e[ ~ O. C. 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D JUL 0 2 2001 ~ • -rowN o~ v~~~ ~, PLANNING AND ENVIRONMENTAL COMMISSION • PUBLIC MEETING June 25, 2007 1' TOWNOF VAI[,' ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Bill Jewitt, Chairman Dick Cleveland Anne Gunion Rollie Kjesbo Michael Kurz Bill Pierce David Viele (arrived at 1:15pm) No Site Visits 15 minutes 1. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, 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: Tabled to July 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 15 minutes 2. A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Gunion VOTE: 5-1-0 (Cleveland opposed) CONDITION(S) The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape • improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may Page 1 include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility • in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail • Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip • increase in p.m. traffic. The traffic and trip generation report prepared by Fox Page 2 Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak . increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commerciallretail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond total cost of the required off-sit place with the Town prior to occupancy. This includes but improvements. to provide financial security for 125% of the e public improvements. The bond shall be in the issuance of a temporary certificate of is not limited to the proposed streetscape 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the • special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12- 9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one- bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2occupants; atwo-bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza • level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail Page 3 space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. • Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Warren Campbell made a presentation per the staff memorandum. The Commissioners generally expressed support for the proposal and staff recommendation. Bill Pierce stated that typically he would have concerns about adding dormers to an already large and bulky building, however, he felt the proposed dormers may add some interest to an otherwise gigantic roof, and he is ok with this change. Dick Cleveland expressed his concern about additional bulk being added to the building with the proposed dormers. There was no public comment. 60 minutes 3. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell • ACTION: Table to July 9, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing Vail Resorts Development Company, introduced the members of the team that would be presenting at the hearing. Midge McCauley, marketing consultant to the applicant, made a presentation regarding retail demand and market overview. She detailed the types of retail and food and beverage opportunities for the project. It was discussed that the niche that Ever Vail would be going after would be the younger "savvy" guest. It was also discussed that the retail mix should include stores that would appeal to year-round residents in order for there to be year-round viability. The marketing study concluded that approximately 80,000 to 120,000 square feet of retail/commercial space should be included within Ever Vail. Dick Cleveland asked if Vail Resorts would retain ownership of the retail spaces within Ever Vail. Tom Miller, Vail Resorts Development Company, said that VRDC will own all of the commercial tenant space, and will require tenants to operate year-round. He also said that office uses will exist throughout the development; however, studies for office have not been completed. Dick Cleveland asked about loading and delivery and added that it will be important to have a common loading and delivery system to avoid the problems we are trying to solve in Vail Village and Lionshead. • Page 4 Tom Miller said that VRDC has hired a consultant for loading and delivery. • Jim Lamont asked whether Midge McCauley had reviewed a North West Council of Government's (NWCCOG) study that reviewed the impacts of second homeowners, as that study showed that second home owners had a greater impact on the economy than her study. Midge McCauley responded that she had not and that it is likely that second homeowners may have more impact than her study, however, her study focused on Vail not the Valley as a whole Jim Lamont asked whether nightclubs would be included in the project. Midge McCauley responded that the project wants to have all commercial open during daytime business hours. Nightclubs may be part of the project, but would be part of a daytime operation like a restaurant. Tom Miller responded that nightclub owners who have been approached by Vail Resorts Development Company have said they are concerned about the Town's noise ordinance. Michael Kurz, pointed out that there are several kinds of traffic. There is vehicular traffic and there is retail pedestrian traffic. Getting guests from Vail Village and Lionshead to Ever Vail will need to occur through pedestrian circulation design not vehicular traffic. Bill Jewitt asked how many potential retail spaces there would be within Ever Vail. Midge responded approximately 50-60 stores. He further asked if the conclusion from Arabelle and Ever Vail market studies were the same. Tom Miller stated that the results were a little different based upon the market goals they were • going for, however, both studies resulted in the identification of approximately the same quantity of supportable area of retail and restaurant. Bill Jewitt expressed concern about the amount of commercial getting ready to come on line in the next 5 years with the projects currently entitled and under construction. He questioned if pedestrians would go to Ever Vail given that discussions in the past centered around concerns regarding distance. He concluded by stating that with approximately 60 retail spaces, Ever Vail will become a portal and not consistent with the original thinking that Ever Vail will not be competitive with Lionshead and Vail Village. Dick Cleveland expressed concern that the retail planned for Ever Vail is high end and in order to be successful there should be affordable stores for locals to ensure year round success. He also expressed concerned about the loss of a place like 8150. Bill Pierce expressed that he too was concerned about the loss of a night club in Vail. Both Commissioners pointed out that there was a live entertainment solution being constructed in Solaris; however, it would likely not be quite like 8150 was in the past. Tom Miller and Midge McCauley stated that high quality store, such as those suggested, did not necessarily equate to higher prices. The goal of the overall retail/commercial mix would be to provide a spectrum of price points to make the retail viable year round. Tom Miller gave a presentation of LEED design and building "green". He stated in his presentation that several of the reasons Vail Resorts Development Company was interested in participating in the LEED program was their desire to be industry leaders, to catch up to some of the competition who were already building "green" buildings, and to appeal to the guest of today • and the future who would make vacation choices based on environmental issues. Page 5 Steve Hartman, with Callison Architects, gave a presentation on the architectural and site plan impacts of building under LEED design. An example given was that the four sides of a building may look different in order to take advantage of things such as solar exposure and sustainable • landscaping to reduce the need for irrigation. The use of local materials such as recycling of materials but limiting the amount of materials being transported long distances. Jim Lamont asked what role the Federal Government plays in the approva{ of the South Frontage Road West realignment. Dominic Mauriello explained the role of the Federal Government as it relates to the realignment has to do with the width of the proposed right-of-way for the relocated South Frontage Road West and the "A-Line" location. It was explained that the "A-Line" is a line which the Federal Government uses to prohibit any development/encroachment past. It was pointed out that in this stretch of Frontage Road the "A-Line" was much further from the edge of the interstate right-of- way than in other locations in Town. Barbara Blundell, Director of Sales and Marketing for VRDC, wanted to address concerns from the Commission at a previous meeting regarding dilution of the Vail brand with what was being proposed in Ever Vail. She explained that the guests to Vail are very savvy and by doing environmental building and other aspects of Ever Vail they hope to market Vail into the future. 4. 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: Tabled to Jufy 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 5. 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 July 9, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 6. A request for a final recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments" as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther ACTION: Withdrawn • Page 6 7. Approval of June 11, 2007 minutes MOTION: Viele SECOND: Cleveland VOTE: 7-0-0 .8. Information Update 9. Adjournment MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. /Community Development Department Published June 22, 2007, in the Vail Daily. U • Page 7 204 • 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 th Daily newspaper printed, in whole or in part and published in the Court has a general circulation therein; that said newspaper has been published continuousl and uni e same said County of Eagle for a period of more than fifty-two consecutiv ~ of Eagle, State of Colorado, and the annexed legal notice or advertisement and that said newspaper has published the re nterruptedly in e weeks next prior to the first publication of advertisement as requested. quested legal notice and The Vail Daily is an accepted legal advertising medium, only for jurisdictions operatin u r Home Rule provision. g nder Colorado s That the annexed legal notice or advertisement was published in the regular and entire issue of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of wiry number of the issue of said newspaper dated 7/6/2007 and that the last publication of said notice was in the . d notice was in newspaper dated 7/6/2007, issue of said In witness whereof has here unto set my hand this 03rd day of August, 2007 ~~ U ` Publisher~/Ceneral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of CoI day of August, 2007. orado this 03rd My Commission expires: ,~ q-~; ~ r.,6~ ~• •a ~ j~{`Y~t ~ ~ sc~uL~' ~er 1, 2007_.•_ y { ,, ~~ Pamela Joan Schultz Notary Public PLANNING AND ENVfRONMENTAI COMMIS- SION PUBLIC MEETING July 9, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENTMEMBERS ABSENT Anne Gunton ,.";)Ile V/8it5_ 1.Ramshom Lodge - 4t6 Vail Vai)ey Drive 2.Rucksack -288 Bridge Street Driver: Bi1107.09-2007 15 minutes 1.A request far a final recommendation to the Vail ,,-Town Council for a tent amendment, pursuant to tSection 12-3-7, Amendment, Vafl Town Code, to Section 12-2-2, Definitions, and Section 12-tti-r, Use Specific Criteria and Standards, Vail Town Code, ro atfow fw amendments to the regulation of temporary business offices, and setting forth de- tails in regard thereto. (PEC07-0040) Applicant:Vail Resorts, represented by Jay Peter- son Planner:Bill Gibson ACTION: MOTION: SECOND: VOTE: 20 minutes 2.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 Cotle, to allow for an amendment to Speciat Development District No. 17, Ramshom, to allow for the redevelopment of Ramshom Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th Filing and Tract F-t, Vail Village Filing 5, and setting forth detailsJn re- gardthereto. (P C07~0038) Apphcant:Ramshorn Lodge, represented by Pyl- man & Associates, Inc. Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 30 minutes 3.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 StreetfLot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant:Jeffrey Selby ,Charles Rosenquist and Richard Brown,represenied by Jay Peterson Planner:Scot Hun ACTION: MOTION: SECOND: VOTE: 4.A request for a work session to discuss the de- velopment review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 662, 923, 934, 953, and 1031 South Frontage Road WesUUnplatted, and setting forth details m regards thereto. (PEC07-0019, 0020. 0021,0022} Applicant:Vai1 Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION:Tabled to July 23, 2007 MOTION: SECOND: VOTE: 5.A request far a work session for review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Cotle, to allow for the redevelopment of the Lionshead Inn and Liotishead Inn Annex Fogata}, located at 701 and 705 West Lionshead ~ircle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting torth i tle18NS in regard thereto. (PEC07-0027) ApplicaM:Lionshead Inn LLC, represented by Maurietb Plannmg Group LLC Planner:Wanen Campbell ACTIOM:Tablad to July 23, 2007 MOTION: SECOND:YOTE: 15 minutes 6.A request for a final review of a variance from ; Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for l L~/V aaiu rv Village Filing t3, antl setting forth details in regard thereto. (PEC07-0036)- Applicarrt:Ed Williams, represented by Wilpam Hein Associates Planner:8ill Gibson ACTION:Tabled to July 23, 2007 M0710N: SECOND: VOTE: 7.A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3, Permittetl and Conditional Uses, First Floor on Street Level, Vaif 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, Condi- tional 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 Lionsheatl Filing 3, and setting forth details in regard thereto. (PEC07-0028} Applicant:Lionshead Inn LLC, represented by Mau- rietio Planning Group LLC Planner:Warren Campbell ACTION:Tabled to July 23, 2007 MOTION: SECOND: VOTE: S.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 LanelLot 88, Block 2, lions Ridge Filing 4, and setting forth details in regard thereto. IPEC07-0037) Applicant:Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner.8ill Gibson ACTION:Tabled to August 13, 2007 MOTION: SECOND: VOTE: 9.Approval of June 25, 2007 minutes MOTION: SECOND: VOTE: 10.Infortnat+on Update 11.gdjournment MOTION: SECOND; VOTE: The applicarrons anu ~nrormation 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 July 6. 2007, in the Vail Daily.(451952) • • • 2021 • • • - PROOF OF PUBLICATION .. ~,, Section 12-3.7, Amendment, Vail Town Code, to Section t2-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town STATE OF COLORADO } Code, to allow for amendments to the regulation of temporary business offices, and setting forth tle- tails in regard thereto. (PEC07-0040) c c. •7U Applicant:Vail Resorts, represented by Jay Peter- COUNTY OF EAGLE } eon Ptartrter:8ifl Gibson A request for a final recommendation to the Vail Town Council for a major amendment to a Special I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Dail .That the same y Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town t l D C d S l Daily newspaper printed, in whole or in part and published in the County of Eagle State of Colorado and ~ eve afe, to allow for an amen ment o pecia - opment District No. 17, Ramshorn, to allow for the l c+ d t f R h L l c d t , has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in re eve opmen o ams orn o ge, a e gg~~ o Block 3, Vail Village 5th Filing and Tract F-1, ~i9il and setting forth details in reganf Villa e Filin 5 said County of Eagle for a period of more than fifty-two consecutive w k i g , g ~ ng) t s ee s next pr or to the first publication of the annexed Legal notice or advertisement and that said newspaper has ublished th t d l l i Applican ho r odge, represented by Pyi- Ram ~ ~a l~ p e reques e ega not ce and advertisement as requested. ner Scot Hunr+ A request for a final review of a major exterior al- teration, pursuant to Section 12-7H-7, Major Exte- The Vail Dail is an acce ted le l d ti i rior Alterations or Modifications, Vail Town Code. to allow r t y p ga a ver s n medium, onl for urisdictions operating u° g y J a^- ^-'--' ~ Home Rule provision. THIS REM MAY AFFECT YOUR PR g, located at 288 Bnd e streeVLot DkBla:k Buildin 5A, Vail Village Filingg 1, and setting forth details+n ..rcn.. PUBLIC NOTICE regard thereto. (PEC07.0039) Appficani:Jeffrey Selby ,Charles Rosenquist and NOTICE IS HEREBY GIVEN that the Planning and hat the annexed legal notice or advertisement was published in the re f Environmental commiasion of the Town of veil will ular and ti i Richard Brown, represented by Jay Peterson Planner:Scot Hun g en re ssue o hold a public hearing in accordance with Section 1z 3-s, Val Town code, mn July 9, zoos, at,:oo said dail news a er f th i d f 1 The applications and information about the propos- als are available for public inspection during office y p p or e per o o pm in the Town of Vail Municipal Building, in con- consecutive insertions; and that the first publication o1 hours at the Town of Vail Community Develop- sideration M: 4 the issue of said newspaper dated 6/22/2007 and that the last A request for a final review of an amended final ublication of s id ti i ment Department, 75 South Frontage Road. The public is invited to attend project orientation a_rp~i the site visits that recede the bli heari h1'a r7 p a no ce was n plat, pursuant to Chapter 13-t2, Exemption Plat Review Procedures, Vail Town Code, to amend a news a e d t d 6/22/200 p pu c ng ~ Town of Vail Community Development Department. Please call 970-479-2138 for additional intorma- p p r e a 7. platted building envelope, located at 1463 Aspen Lion. Grove Lane/Lot 8B, Block 2, Lions Ridge Filing 4, - and setting forth details in regard thereto. (PEC07-0037) Sign language irtterpretafion is available upon re- h f h P f Applicant:Robert and Kristine Selby, represented Irl witness whereof has here unto set my hand this 2nd day of Jul 2007 by John G. Martin, ArchkeM, LLC quest, wit 24- our noti ication. lease call 970-479-2356, Telephone for the Hearing Im- paired for information. , y Planner:Bill Gibson , Published June 22, 2007, in the Vail Daily.(473815) '~ A request for a final recommendation'to the Vail Town Council for a text amendment, pursuant to blishe eneral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 2°d day of July, 2007. __ PRY p~ , of ......,..~ ~ C~L~ •. /~ Pt~E~vo ~ k~amela Joan Schultz' SCHULTZ : Notary Public My Commission ~"~;~-~~` OF C~~ 2007 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ,• July 23, 2007 'i~WNOFYAII, ' 1:OOpm VAIL LIBRARY /COMMUNITY ROOM PUBLIC WELCOME MEMBERS PRESENT David Viele Dick Cleveland Rollie Kjesbo David Kurz Bill Pierce Bill Jewitt Site Visits: None MEMBERS ABSENT Anne Gunion 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 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 • ACTION: Approved MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Kjesbo abstained because he arrived late to the item presentation, Gunion absent) Warren Campbell made a presentation per the staff memorandum. The applicant had no comments. There were no public comments. Dick Cleveland said that he had no problem with the application because it did not seem to impact the neighbors. There was no other comment from commissioners. 30 minutes 2. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, PEC07-0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: NO ACTION MOTION: SECOND: VOTE: Warren Campbell briefly introduced the item and introduced Dominic Mauriello. Dominic Mauriello made a presentation on the review process for the EverVail project. He first reviewed the applications that have already been submitted to various boards and commissions with the town and with CDOT. Page 1 Dominic Mauriello then reviewed the Preliminary Plan, which is a rare occurrence within the Town because most property has already been subdivided. A rezoning of the property would then occur. Following rezoning, the conditional use permit for the parking structure would be submitted. Next, a major exterior alteration, additional conditional use permits, text amendments and the final plat would happen in order to make this project happen. The process flow chart was then reviewed on the powerpoint. This chart shows the sequencing of the events for development review. The key piece, according to Mauriello, are the CDOT approvals. Warren Campbell then spoke regarding the process and working with Dominic. He noted that the steps are difficult to understand in a graphic format. As stated, on August 13, the preliminary plan will be brought before the PEC. He said he would try to educate the group on the preliminary plan, as this is something that is not commonly reviewed by the PEC. Following that, an application for a recommendation on a rezoning of the new parcels, including the CDOT ROW, would come before the PEC. The two applications cannot move forward until the CDOT approval occurs. It is anticipated that the approvals will go well, as it is a positive change for both CDOT and the Town. There is a meeting on Wed with Tom Kassmel and Greg Hall to discuss the CDOT application. Again, the critical path is the CDOT approval. We are hoping that at some point, a Memorandum of Understanding could happen with CDOT in order to allow the rest of the process to proceed. David Viele asked if the town has condemnation rights on that property. Warren Campbell responded that CDOT has asked the Town to take over the CDOT right of way, but at this time, the Town has not proceeded with taking over the property because the road requires extensive investment for improvements. Dominic Mauriello said that he had spoken with the FHWA and they were very positive about the proposal. Campbell went back to stating that these approvals would not become final until the CDOT approval and changes. There is a desire to begin the redevelopment of the Lionshead Parking Structure after the EverVail parking structure is complete. This is why the parking structure was taking a front seat in the application process. The rest of the chart lays out the individual items that come after. Bill Jewitt noted that this is a worksession, so there would be no formal order to public comment. Mauriello said that while he was showing the right-of-way on the plat, the final layout of the road was not detailed on the plat. He said the general roadway would be noted, but not the details. Jim Lamont, Vail Village Homeowners Association, asked about acceptance and abandonment of the roadway. He then asked about the parking structure component, and that the road needs to be relocated in order to build the parking structure. Mauriello answered that the parking structure could still happen even if the new road is built. Jewitt asked if the project would happen if the CDOT approvals would not go through. Mauriello answered that the structure could be built regardless because Vail Resorts owns that property. • However, the project may not proceed if CDOT approval does not occur. Page 2 Lamont continued to ask whether the parking structure could proceed without CDOT right-of-way and asked whether the structure could function without moving the road. • Mauriello answered that there are many options to getting the parking structure built without the road moving. Access roads could be built to access the parking structure from the existing Frontage Road. Lamont asked what the start date would be if CDOT approvals went through. Tom Miller of Vail Resorts Development Company answered Summer 2008, with construction lasting 14 months. Mauriello continued that there needs to be room for the snowcat maintenance yard during the parking structure development. Lamont asked whether 2010 would be the start date for the Lionshead Parking Structure. Jewitt answered that this is a different project with a different developer, and that could not be answered here. Campbell said that the Lionshead Parking Structure could possibly start as soon as the EverVail structure is completed. Lamont asked if Simba Run will occur concurrently to the EverVail road straightening. Campbell said that as some of the product was being approved for EverVail, this is when the Simba Run underpass would be discussed. . Lamont asked if Simba Run is being discussed with CDOT during these meetings. Campbell said he wasn't sure. Kent Crain, Alpine Engineering, said that documents he is working on with Greg Hall include the Simba Run underpass. They are making sure that the underpass will occur regarding grade changes and other issues with putting in the Slmba Run underpass after EverVail is complete. Lamont asked if the Simba Run underpass was required for EverVail. Tom Miller responded that the underpass is included in all of the documents, but is not a requirement of the development. Lamont responded that the Tax Increment Financing discussion included the underpass. Jewitt responded that the PEC did not see the presentation on TIF, and it was not appropriate for PEC. The commissioners had no further comment. 15 minutes 3. 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: Table to August 27, 2007 MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 Page 3 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 August 13, 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 August 13, 2007 MOTION: SECOND: VOTE: 6. 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 Titie 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: Tabled to August 13, 2007 MOTION: SECOND: VOTE: 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, 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: Tabled to August 13, 2007 MOTION: SECOND: VOTE: 8. 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: Table to August 13, 2007 MOTION: SECOND: VOTE.: Page 4 9. 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 Hun ACTION: Table to August 13, 2007 MOTION: SECOND: VOTE: 10. 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 allovr 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 August 13, 2007 MOTION: SECOND: VOTE: 11. 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 August 13, 2007 MOTION: SECOND: VOTE: 12. Approval of July 9, 2007 minutes MOTION: Cleveland SECOND: VOTE: 13. Information Update 14. Adjournment MOTION: Kjesbo SECOND: Cleveland VOTE: 6.0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. /Community Development Department Published July 20, 2007, in the Vail Daily. • Page 5 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 23, 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 allow for an amendment to an existing platted building envelope, located at 1314 Spraddle Creek Road/Lot 15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0044) Applicant: William T. and Julie C. Esrey, represented by Marisa Engelhardt -Zehren and Associates, Inc. Planner: Scot Hunn SUMMARY The applicant, William T. and Julie Esrey, represented by Marisa Engelhardt, Zehren and Associates, Inc., is requesting approval of an amended final plat, pursuant to • Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing, platted building envelope for Lot 15, Spraddle Creek Estates Subdivision, located at 1314 Spraddle Creek Road. The proposed plat amendment involves reconfiguring the area of the platted building envelope for Lot 15 in order to allow for certain improvements (expansion) of existing deck space. Staff is recommending approval of this application subject to the findings and criteria outlined in Sections VIII and IX of this memorandum. II. DESCRIPTION OF REQUEST The Applicant is proposing to reconfigure the existing area of a platted building envelope in order to accommodate the following minor exterior alterations (DRB07- 0288): o Deck addition -expansion of existing Sun Room deck three (5') feet to the south and west (Attachment C) As well, the Applicant proposes additional, minor amendments to the configuration of the existing building envelope in order to tailor the previously platted building envelope to existing building footprint and overhangs. The applicant is proposing to maintain the size of the originally platted building envelope, 11,007 square feet, which allows the proposal to proceed through the exemption plat procedure. (See reduced copy of proposed plat -Attachment B) The reason for this request stems from the following plat note, recorded at the time of the Spraddle Creek Estates Subdivision: "Construction of each lot will occur within the platted envelopes with • the following exceptions: driveways, sidewalks, garages that meet the requirements of the Vail Town Code, retaining walls, sun`ace parking and grading as long as Town of Vail Design 14eview Board approval is received and the impact on topography and vegetation is minimal." Staff suggests that the proposed improvements and related building envelope amendment will not adversely impact topography or existing vegetation on the lot. In addition, because decks are not specifically referenced as exceptions or allowed encroachments outside the platted envelope in the plat note referenced above, Staff recommends that the Planning and Environmental Commission approves the request to reconfigure the area of the envelope to allow for the placement of the improvements within the new envelope. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). III. BACKGROUND On April 13, 1993, the Vail Town Council approved the final plat for Spraddle Creek Estates, which included the creation of Lot 15, at 2,5,596 square feet (.58 acres) in total lot area. Subsequent to the original plat, Lot(s) 14 and 15, Spraddle Creek Estates, were re-platted in August, 1993 to modify lot size/configuration, maximum GRFA and site coverage. At that time, Lot 15 was re-platted to increase total lot • area to its current size of 34,118 square feet, with a corresponding increase to maximum GRFA (currently 5,823 square feet) and maximum site coverage (currently 4,973 square feet). Lot 15 also contains a 11,007 square foot platted building envelope. IV. ROLES OF REVIEWING BOARDS Plannin4 and Environmental Commission: Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Code, the Planning and Environmental Commission is iresponsible for final approval, approval with modifications, or denial of the final plat. Design Review Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 2 • Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created . and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats'; as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on fhe exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. VI. SURROUNDING LAND USES AND ZONING Land Use Zonin4 North: Residential Hillside Residential East: Residential Hillside Residential • West: Residential Hillside Residential l Hill R id ti South: Residential a side es en • VII. SITE ANALYSIS Development Standard Allowed Proposed Lot Area 34,118 sq. ft. No change Site Coverage 4,973 sq. ft. No change Building Envelope 11,007 sq. ft. No change Maximum GRFA 5,823 sq. ft. No change VI11. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the proposed final plat and found it to be in compliance with all applicable elements of Vail Comprehensive Plan. (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but riot 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 final plat and found that all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed final plat modifying the building envelope will not negatively affect the workable relationship among land uses as the proposal will maintain the current land uses, low density residential. (4) The extent of the effects on the future development of the surrounding area; and • • 4 • Staff Response: The proposed final plat modifying the building envelope will not negatively affect the future development of the surrounding area as the development potential remains consistent. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed final plat modifying the 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 ultimafe population of the service area to avoid future land disruption to upgrade under-sized lines; and Staff Response: The proposed final plat modifying the building envelope will not affect the currently level of utility service required in the vicinity. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and • Staff Response: Staff believes the proposed final plat to modify the building envelope will continue to allow for the orderly growth of the community and serves the interests of the community as the owner of the lot will be able to expand the existing main level deck in a manner that is complimentary to the overall design and architecture of the residence and surrounding structures, and which will allow for greater functionality of an existing outdoor living space. (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 final plat to modify the 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. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection • 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with tl~e adopted goals, objectives and • policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; acid (4) Thaf 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 tl~e highest quality. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves an amended final plat pursuant to Chapter 13- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope located at 1314 Sppaddle Creek Road/Lot15, Spraddle Creek Estates, First Amendment, subject to the following conditions: Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's • request for a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a rr~odification to the platted building envelope for Lot 15, Spraddle Creek Estates Subdivision, First Amendment, located at 1314 Spraddle Creek Road" Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance wit1~ the criteria listed in Sub-section 13-3-4A, Vai! Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its • • natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed Amended Final Plat for Lot 15, Spraddle Creek Estates C. 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V~•{17 •» r11e1 a11~ rt r r r r rr.....••• 1r rr pr r ~.w .r.• r r .ra r r• ,. 7aq r .. c r,..x r rt ~.r~a rr.rb. .r r..ral..r sr< ~ rr: i w n1~.1~a~•r..~•. crYw 1v ~ 167 r.r rt 1111. m 11 ~ py.wo pba w r rr) r. r.i l.l~r+r .rl~rr.r s.•r ~a ~ rM rrr M•MwK111r 1117 •n Ir1Y Orr rr _ •-' r A0. 7001. a...1. rTip1 oryl {v.r .~. ~ I a~•. wilr ~ •-~ r w m r r ow. i 7on. ~~~ 7w. c.a. o.... ~~ «v ,.~ ~p7 Scot HJ=_- r-.... _ _......_._..-*xx ".r ~~ /^`r~ ;~~ s a,.. j T i~ Esrey ~.esideuce d jjeck Extension Stu Y o~ .o~ .o~ D ~~~od~ ~~~ p g 2001 TOWN ~F VAII At{achmen LJ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 23, 2007 SUBJECT: A request fora work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC, is requesting a public hearing with the Town of Vail Planning and Environmental Commission to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West. At this work session the applicant will present a schedule that staff has helped to create showing what are believed to be the steps that will occur as the Ever Vail project moves forward through the entitlement process. The sequence of applications and meetings began with the amendments to the Lionshead Redevelopment Master Plan to include several new parcels and revise the recommendations for West Lionshead (Ever Vail). At this point in time applications that will begin to implement the recommendations in the Lionshead Redevelopment Master Plan are being submitted. The first of these applications will be a request for a major subdivision to combine and reconfigure the lots comprising Ever Vail. The first step in this application will be a review of a preliminary plan which will lay the ground work for the submittal of a final plat at a later date. Review of the preliminary plan will occur prior to receiving a memorandum of understanding with CDOT regarding the potential Frontage Road realignment. A review of the final plat will occur subsequent of this understanding with CDOT as there should be little to no change required on the subsequent of any approvals granted for the final plat. The final plat, if approved, will not be recorded until such time as the Frontage Road is relocated and the transfer of right-of-way is completed upon acceptance of the new Frontage Road by CDOT. A request for a rezoning of the lots created by the Ever Vail final plat will occur in . conjunction with the request for review of the final plat. The Commission will be asked to make a recommendation on the rezoning request; however, as the final plat cannot be recorded until such time as the Frontage Road right-of-way exchange there cannot be the adoption of an ordinance by Council to effect the rezoning on the lots until the final plat is recorded, thus creating the lots. After review of the major subdivision and rezoning requests, applications will be submitted for conditional use permits and major exterior alterations to review the establishment of a parking structure(s) and ski lift within Ever Vail. These will be the first structures to be reviewed within Ever Vail and will include the facility to house the mountain operations equipment currently located on the Maintenance Yard and Holy Cross sites. Subsequent to the applications for the parking structure(s) and ski lift, major exterior alteration applications will be submitted for the mixed-use structures that will comprise the remainder of the Ever Vail. The Town of Vail Planning and Environmental Commission is being asked to listen to the presentation and provide any feedback or ask questions that are appropriate at this time. II. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission tables this application to the August 13, 2007, public hearing. 2 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 23, 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 • I. 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 14-6, 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 V 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 °+riLolhr~,,, ,,.ti, • 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 not very clear 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. Chapter 14-6: Grading Standards 14-6-1: General Standards: This section {-table-~} provides a summary of grading standards of the Town of Vail. All grading is subject to design review,beard to determine compatibility to the existing topography, to review the extent of existing vegetation removal and to preserve significant features on site. The administrator may require grading plans to be stamped by a Professional Engineer. All temporary grading shall be in compliance with currently adopted Occupational Safety and Health Administration (OSHA) standards. The maximum finished grade shall be 2: 1. When temporary slope protection is required, the finished grade shall be between 3:1 and 2: 1. For permanent slope protection, finished grade shall not exceed 1:1. ~~ ~. n ?::~ ma~mum '::~ ~:, ,:1 °*-~-o~*m4' er-~-ppreval i ~~iew IVe ~a#rewew des I ,~~iew l~le ,~~#-xeview ale ~~-e~sta# I Xes rewsvv • The second section to be amended, Section 14-6-2, Existing Vegetation, will replace the current table with text that results in no change to requirements. 14-6-2: EXISTING VEGETATION: Grading around existing vegetation to be preserved on site shall be outside the critical root zone, unless otherwise approved by the design review board. The critical root zone is a radius equal fo 1 foot for each inch of caliper measured 1 foot above the natural grade. TT~A~~R~I C R: /'`OITI!`A/ Orl/1T 7/IAIC T ~S • n U . • 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 process for what is sometimes routine maintenance or repair of utilities. The proposed text amendments will allow administrative review of grading in the floodplain that results in a return to existing conditions. While this is a policy change to allow administrative approvals of certain grading in the floodplain, there will be no change in the level of staff's technical scrutiny of an application. This will also help streamline the review process for certain maintenance and repair projects typically submitted by the Vail Recreation District and the Eagle River Water and Sanitation District. 14-6-6: FLOODPLAIN STANDARDS: At the discretion of the floodplain administrator, proposed grading in the floodplain that results in a return fo existing conditions maybe approved by the floodplain administrator. The required application materials shall be determined by the Administrator. All other grading in fhe floodplain shall require an environmental impact report, and shall obtain approval from the Planning and Environmental Commission. .The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profile and velocity, as well as stating that there will be no adverse impacts to adjacent • properties. No permanent improvements shall be constructed within one foot (1) of the floodplain line. III. BACKGROUND The current grading standards were adopted on September 21, 1999, with the introduction of the Development Standards Handbook. These standards were adopted to regulate grading as it relates to slope, landscaping, construction fencing, erosion control and retaining walls. In February of 2007, the Town Attorney received a letter from Linda Alexander of the law firm Collins, Cockrel & Cole, requesting text amendments to the grading standards in order to allow for a streamlined review process for maintenance and repair that requires grading, both in and out of the 100-year floodplain. 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 fo the • regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect fo 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 i,s 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 i> 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 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, safety, morals, and general welfare of the town and promotes the coordinated and Prarmonious 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 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 As there are no formal criteria for text amendments to Title 14, the 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 goats, 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 wil! 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 14-6, 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 14-6, 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 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 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, as referenced by Section V of Staff's July 23, 2007 memorandum to 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 July 23, 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 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, as referenced by Section V of Staff's July 23, 2007 memorandum to the Planning and Environmental Commission." L` PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ~, July 9, 2007 T~WNOFVAII. ` 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dave Viele Anne Gunion Rollie Kjesbo Dick Cleveland Bill Jewitt Michael Kurz Bill Pierce (recused himself on items 1, 2, and 3 due to a conflict of interest and then departed at approximately 1:05 p.m.) SITE VISITS There were no site visits. 15 minutes 1. 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 ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Kurz VOTE: 3-2-1 (Cleveland and Jewitt opposed, Pierce recused) 1. The text shall be modified so an extension may be granted for an approved temporary business office, but the initial approval may not exceed three years. 2. An annual review of a temporary business office by the PEC "shall" be required, rather than "may" be required. Bill Gibson gave a presentation per the staff memorandum. Jay Petersen, representing the applicant, made himself available to answer questions. Kaye Ferry, had a procedural question regarding why this application was before the Planning and Environmental Commission. Bill Gibson answered her question. Dick Cleveland expressed concern over the elimination of the three year time frame, which he believed was appropriate. However, he noted that the PEC should have the ability to approve longer time periods if conditions warranted. He expressed some concern about the lack of specific criteria by which to review and approve an extension for more than three years. Rollie Kjesbo expressed concern that the extension requested for the office space was not adequate given that the approval and construction of Ever Vail and North Day Lot will likely take several years to complete. Page 1 Dave Viele expressed concern that the offices would not return if they were relocated outside of Vail. Michael Kurz expressed support for the amendment with the changes Dick Cleveland discussed. Bill Jewitt expressed his opposition to the proposal as his belief that the proposal did not comply with the review criteria. 20 minutes 2. 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 June 23, 2007 MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Pierce recused) Scot Hunn gave a presentation per the staff memorandum. Rick Pylman, representing the Ramshorn, gave a presentation regarding the conceptual nature of the proposal, summarizing of the history of the property, including rental history. Rick described the general history of certain amendments to Public Accommodation (PA} zoning regulations, and the property, relative conformance to existing zoning requirements and the 1987 approval of SDD No. 17. Rick further discussed the desires of the Owners to work within the existing structure by adding a fourth floor and some additional bump outs for certain existing units. The redevelopment will include a new fire sprinkler system, larger lobby, and elevators. Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of the conceptual floor plans and elevations. Jim Lamont, Vail Village Homeowners Association, asked about what public benefits were being proposed. Rick Pylman stated that they were looking for suggestions on what public benefits should be provided. Bill Jewitt stated that he feels a public benefit should truly benefit the public. Relative to proposed improvements to existing sidewalks and removal of certain trees next to or within the public right of way, improvements to roads should be coming out of the general fund not be considered public benefit of an individual project. He further commented that improvements to sidewalks, crossings and widening of the road to provide safer conditions for cyclists will be encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant study breaking up the roof line. Parking a will be a concern. Rollie Kjesbo asked to be provided with details of the Tivoli SDD and the public benefit they provided. Would like to keep height for Rams-Horn no higher than the approved height of the Tivoli. Employee housing on site is always good. Page 2 Dave Viele expressed thoughts regarding the history of the project and why it was and SDD currently, pointing out that the property has relatively little deviation from current Public • Accommodation (PA) zoning regulations. He further pointed out that the public benefit should be commensurate with any deviation and this project is only at 45% of the allowable GRFA. Dick Cleveland agreed that parking will be a concern. Suggested screening the parking as a benefit. Height and additional setback encroachments will be a concern. The height and setback encroachments will need to be justified. Michael Kurz agreed with all the comments regarding height. The height of the Tivoli seems to work with the height of the tree line. Jim Lamont, brought up the history of the Vail Mountain Lodge as a previous SDD that is now regulated by underlying zoning. He further suggested cleaning up the dumpster on the site as a public benefit. 30 minutes 3. 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 Hun ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-1 (Pierce recused) • Scott Hunn gave a presentation per the staff memorandum. Tyson Dearduff, of Fritzlen Pierce Architects, representing the applicant, gave a presentation on the floor plans, elevations, and other improvements. Michael Kurz asked several clarifying questions regarding the expansions. Jim Lamont, asked about trash removal, loading and delivery, He added that this proposal meets a lot of what the community has been wanting, redevelopment of an existing building which retains the character of the original structure while addressing the "original sins". The Commissioners generally expressed support for the improvements. Commissioner Cleveland asked about the exploration of different roof forms, suggesting a more traditional, or tyrolean roof form such as an open gable. Jim Lamont asked about the view corridor and the tower and the transparency of the retail. 4. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 Page 3 5. 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: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 6. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition 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: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 7. 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 Jufy 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 8. 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 86, 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: Tabled to August 13, 2007 MOTION: Kurz SECOND: Viele VOTE: 5-0-0 9. Approval of June 25, 2007 minutes MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 10. Information Update Warren Campbell informed the Commission that the Juiy 23, 2007, hearing would be in the Town of Vail Library as the Council Chambers would be under renovation. 11. Adjournment MOTION: Kurz SECOND: Cleveland VOTE: 5-0-0 • • Page 4 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 July 6, 2007, in the Vail Daily. • n Page 5 • 204 PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more tnd theft said newspaper has published the requested legal noti eoand the annexed legal notice or advertisement a 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 7/6/2007 and that the last publication of said notice was in the issue of said THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning an Environmental Commission of the Town of Vail will hold a public hearing in accordance with sectior 12-3-6, Vail Town Code, on ,July 23, 2007, at 1:OC pm in [he Vail Public Library Community Room,. in consideration of: ' 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 fo Chapter 14-6, Grading Standards, Vail Town Code, Tor proposed changes to the grading, and setting forth details in regard thereto. (PEC07.0041) Applicant:Town of Vail d PlannenRachel 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 Sprad- dle Creek Road/Lot 15, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC07-0044) Applicant:William and Julie Esrey Planner:Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to Section 72-3-7, Amendments. Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Ti- tle 12, Zoning Regulations, Vail Town Code, to al- low for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (PEC07-0043) Applitznt:Town of Vail and Vail Chamber & Busi- ness Association Planner:Rachel Friede 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 VaiP' (West Lions- head), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete le- gal description is available for inspection at the Town of Vail Community Development Depart- ment), 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 amend- ment, 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 available for inspection at the Town of Vail Com- munity Development Department), and setting forth details in regard thereto. (PEC07-0021) Applicant:Vail Resorts Development Company, newspaper dated 7/6(2007. West right-of-way, (a complete legal description is Irl witness whereof has here unto set my hand this 03rd day of August, 2007 represented by Thomas Miller /~I~ Planner:Warren Campbell 1 / ~\ A request for a final recommendation to the Vail ' ' Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 03rd day of August, 2007. ~~ r, ,;~ ~' Pamela loan` Schultz Notary Public My Commission expires: PJ~ME1-~'' , ° a SCHlSLT' !~~1, 2007 .•' ~~~ 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 srte 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 July 6, 2007, in the Vail Daily.(451991) 2051 °+~ r 3`J018a'lIM 3J018Q11M PROOF OF PUBLICATION ~ YWYIIe611PS1~11@611P W00'MOSSOq~¢~(OZJ}/W00'MOSSOq'MMM a~loae,`wvsna •r aNNVZns _ -sr x zstiz-~LV-ou `sayaaa+a 1'666~L£ 0L6 ~~ ~S STATE OF COLORADO } '~ _ y _ _ _.~ _ _ i oi~x~o~~ler~ua~ua_ __~osLo~~c,Y,l ~ } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/20/2007 and that the last publication of said notice was in the issue of said newspaper dated 7/20/2007. In witness whereof has here unto set my hand this 03rd day of August, 2007 ~`~`-' lJ Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 03rd day of August, 2007. My Commission expires ~® x ~ ~ .,~a. ~ v `~ a p~Q Y ~ g-~ Se~r'~ C, a ~a~~t-~l` a.el- Jo~~mber-" 1, 200~~ ~p,°a °~" ~° R6 eo~e_ ~ ~ / ~.. . ~ ~` Pamela Joan Schulfz Notary Public PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Julyy 23, 2007 1:OOpm VAIL PUBLIC LIBRARY /COMMUNITY ROOM PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT SItO ViSitB; None 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 plotted building envelope, Igcated at 1314 Sp r~a dd I e C r e e k R4ad/Lot 15, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC07-0044) Applicant:William and Julie Esrey Planner:Scot Hunn ACTION: MOTION: SECOND:VOTE: a 30 minutes ~ _, C 2.A request for a work session to discuss the development review applications necessary for the review of 1 the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road WesUUnplatted, and setting forth details in r e g a r d s thereto . j (PEC07-0019,PEC07-0022) Applicant:Vail Resorts Development Corporation; represented by Mauriello Planning Group LLC if Planner:WarrenCampbell ACTION: , S~ MOTION: SECOND: VOTE: 15 minutes. 3.A reglrest for a final recommendation to the Vail Town Council,.pursuant to Section 12..-3-7„Amendment, Vail Town Code, for )ropOSed text amendm®hts to Chapter 14-2;"befinRions, Vail Tdwrc Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed chang- es to the ggrading standards, and setting~fprth details in regard thereto. (PEC07-0041) APPplicant:Town of Vail 'i. Planner:Rachel Friede , ACTION: ii MOTION: SEGOND:VOTE: 4.A request for a final approval of a preliminary plan for a major subdly~ion, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelop- -; ment 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 righht ofway/Unplatted (a complete legal de- '' scription 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 August 13, 2007 -MOTION: SECOND; VOTE: 5.A Yequest for. a lulal i e_ mmendation to the Vaif TdwmCouncil for a zone district boundary amendment, ppursuant to 12-3-7, Amendments, Vell 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 tot inspection et the Town of Vail Community Development Department), and setting forth De- tails in regard thereto. (PEC07-0021) Applicant:Vail Resorts Development Company, represented by Thomas Miller PlahnertN~rr~n Carrlpbe~l ACTIQN:Table to AUgguet 13,<2007 = - ""' ~ -~--~"' -MOTIOfiI:S~COND:VOTE: ; =: - 6.A request for afinal 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 t o o u t d o o r display, sales signs, menu lioards, and setting forth details in regard thereto. (PECp7-0043) Appplicant:Town of Vail and Vail Chamber & Business Association Planner. Rachel Friede - A¢TION Tabled to;<August.l:3',t 2007 MOTIOt3'. SECOND VOTE.. .. ' 7 A request for a final review of awariance:from Segtlon 12-6D-6; Setbacks, Vail Town Code, pursuant to Chapter 12 17;'VaYVapct'ts, o allow for an addition within the west side setback, located at 2570 Bald Mountain Road/COt'33', Block 2, Vail Village Filing 13, and setting forth d e t a i l s i n regard thereto . (PEC07-0036) ' Applicant:Ed Williams, represented by William Hein Associates P annecBilhGibson ACTION:Tabled Ro Auggu"st 13,.2007 MOTIONr SECOND:VOTE: S.A request for a worksession to discuss a major amendment to a Special Development District (SDD), pursuant toSection'12-9Ad0,AmendmentProcedures,VailTownCode,toallowforanamendment to Special Development DistrictNo. 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 VillageFiling 5, and - setting forth details in regard thereto. (PEC07-0038) Applicant:Ramshorn Lodge, represented by Pylman & Associates, Inc. Pllanner.Scot.Hunn ' AGTION~7~glt~le;tQ,~.-ugg4st 13,x,2007 MOTIONctlOSE~OND:VOTE:'~ - 9.A request fora worksessionto discuss a major exterior alteration; pursuant toSection 12-7H-7, NJalor ,Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack Building; located at 288 Bridge StreeULOt D, Block 5A, Vail Village Filing 1, and setting forth detai Is i n 5 regard thereto. (PEC07.0039) Applicant:Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner. Scot Hun ACTION: Table to August 13, 2007 MOTION: SECOND: VOTE: tO.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 301 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 August 13, 2007 MOTION:SECOND: VOTE: 11.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 PPursuant fo 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 set- I~ ling forth details in,regard thereto. (PEC07-0020) Applicant:Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner:Warren Campbell ~; ACTION:Table to August 13, 2007 ? MOTION: SECOND: VOTE: 12.Approval of July 9, 2007 minutes MOTION: SECOND: VOTE: 13.Information Update 14.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 end 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 im aired, for information. /Community Development Department Published July 20, 2007, in the VaiPDaily.~489666) PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~. August 13, 2007 '~~1V{~'VA1f , 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Dave Viele Anne Gunion Bill Jewitt Rollie Kjesbo Michael Kurz Bill Pierce 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 encroachment 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 ca-~t 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, 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 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 presentation 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 projects 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 iPre 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 ?~HRP, 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 representative 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 corriments rr~garding 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 facade 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 forms 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 allow for living areas to open up to exterior. Should be identifying • important elements of building (corner) and building up to 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 2607, 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 tE7e 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-site? 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 Campbell 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 12-7B-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 VAC, 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 Liorisheau), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frorr'~age 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 tha -i~owri of Vai! Community Development Department), and setting forth Details in regard thereto. (PECU7-0021) Applicant: Vail Resorts Development Company, represented by Tho~ras 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 Tovvn Code, to allow for attached accommodation units, lodge d~nreliing units, and multiple-fan-~iiy 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 th~~ 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 VOTC: G-0-0 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, Ramsf•rorn, 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 VOTic. b-u-a7 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 Nest 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: Biil Gibson • ACTION: Withdrawn 14. Approval of July 23, 2007 minutes MOTION: Pierce SECOND: Kurz WGTE: 6-G-G 15. Information Update 16. Adjournment MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notifics;tion. 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 • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 13, 2007 SUBJECT: 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/Lot 7 and part of Lot 8, Block 6, Vail Village Filing 7, and setting forth details in regard thereto. (PEC07-0047) Applicant: Donna Giordano, represented by VAG, Inc. Planner: Bill Gibson SUMMARY The applicant, Donna Giordano, represented by VAG, Inc., is requesting final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type II Employee Housing Unit (EHU), located at 1107 and 1109 Vail Valley Drive/Lot 7 and part of Lot 8, Block 6, Vail Village Filing 7. • Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, .the Community Development Department recommends approval with conditions, of the requested conditional use permit subject to the findings and conditions noted in Section VII of this memorandum. 11. DESCRIPTION OF THE REQUEST The applicant, Donna Giordano, represented by VAG, Inc., is requesting final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type II Employee Housing Unit (EHU), located at 1107 and 1109 Vail Valley Drive/Lot 7 and part of Lot 8, Block 6, Vail Village Filing 7. The applicant is proposing to construct a new single family residence accompanied by a 401 square foot Type II EHU with 246 square foot, single car EHU garage. The total area dedicated to the Type II EHU and garage would be 647 square feet. A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural plans (Attachment C) have been attached for reference. III. BACKGROUND On July 18, 2007, the Design Review Board approved the plans for a new single-family residence with a Type II EHU, contingent upon the applicant obtaining Planning and Environmental Commission approval of a Conditional Use Permit for the EHU 1V. APPLICABLE PLANNING DOCUMENTS • Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-6E: TWO-FAMILY PRIMARY/SECONDARY (PIS) RESIDENCE (in part) 12-6E-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. CHAPTER 12-13, EMPLOYEE HOUSING: (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a • critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. U 2 EHU Type I I 12-13-4: Zoning districts permitted by right or 6y conditional use Conditional Use: Single-family residential Two-family residential Primary/ secondary residential zone districts meeting minimum lot size requirements Agriculture and open space EHU Rec Ownership/ Transference The EHU shall not be sold or transferred separately from the unit it is associated with. V. ZONING ANALYSIS ~uirements by Type. Additional Additional GRFA' Site Coverage /Reduced Landscape Area The EHU is n/a entitled to an additional 550 sq. ft. GRFA credit. Garage Credit/ Storage Requirement Allowed 300 sq ft. of additional garage area for the EHU. All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage only. Parking Minimum/ Density Maximum GRFA of an EHU Per chapter 10 of this title. 300 sq. ft. minimum. 1,200 sq. ft. maximum. Address: 1107 & 1109 Vail Valley Drive Legal Description: Lot 7 and part of 8, Block6, Vail Village Filing 7 Zoning: Two-Family Primary/Secondary Zone District • Land Use Plan Designation: Low Density Residential Current Land Use: Single-family residence Lot Area: 15,451 sq.ft. Development Standard Allowed/Reauired Proposed Setbacks (min): Front: 20' 26' Sides: 15' 17'/19' Rear: 15' 36' Building Heigh (max)t: max. 33'/30' 33' Density (max): 2 units + 1 Type II EHU 1 units + 1 Type II EHU GRFA (max): Single-family 6,559 sq.ft. 6,558 sq.ft. EHU 550 sq.ft. 401 sq.ft. Site Coverage (max): 3,090 sq.ft. (20%) 3,083 sq.ft. (19.9%) Landscape Area: 9,271 sq.ft. (60%) 9,290 sq.ft (60.1 %) Parking: Single-family 5 spaces 5 spaces(2 enclosed) EHU 2 spaces 2 spaces(1 enclosed) Allowed as third unit on property. Does not count as density. 3 VI. SURROUNDING LAND USES AND ZONING, Current Land Uses North: Residential South: Golf Course East: Residential West: Residential Zoning Primary/Secondary zone district Outdoor Recreation zone district Primary/Secondary zone district Primary/Secondary zone district VII. REVIEW CRITERIA The review criteria for a request of this nature are established by the Town Code. The proposed Type II EHU is located within the Two-Family Primary/Secondary Residential District. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors ReQardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. When the Town Council adopted the Town of Vail Affordable Housing Study on November 20, 1990, it recognized a need to increase the supply of locals/employee housing units. The Town encourages EHUs as a means of providing quality living conditions and expanding the supply of employee housing for both year-round and seasonal local residents. The proposed unit will have a positive impact on the Town's rental housing needs. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that there will be an insignificant impact from the proposed Type II EHU on light, air, population, transportation, utilities, schools or parks. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Two additional vehicles are anticipated in association with this EHU, and the applicant is proposing to accommodate this anticipated parking demand. Staff believes that this proposal will have an insignificant impact to the above- referenced criteria. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The EHU will be located within a proposed new single-family residence. Staff believes that the Design Review process will ensure that the proposed EHU will not significantly impact the scale and bulk of this project in relation to • • • 4 • surrounding uses, and that the proposed EHU will be consistent with the development standards applicable to this property. 5. The proposed EHU meets the Town's requirements for zoning, ownership/transference, GRFA, garage credit/storage, and density. a. Zoning districts permitted by rioht or by conditional use A Type II EHU is a conditional use in the Single-Family Residential, Two Family Residential, Primary/Secondary Residential, and Agriculture & Open Space zone districts. The subject property is zoned Two-Family Primary/Secondary Residential. b. Ownership/Transference A Type II EHU shall not be sold or transferred separately from the unit it is associated with. The applicant is not proposing to sell or transfer the EHU separately from the primary dwelling unit. c. Additional GRFA The EHU is entitled to a 550 sq. ft. GRFA deduction. The applicant is proposing to utilize 401 sq. ft. of that deduction. d. Garage Credit/Storaae Requirement A 300 sq.ft. garage area GRFA deduction is allowed for the EHU. If the applicant chooses not to construct a garage for the EHU, then a 75 sq. ft. • storage area is required. The applicant is proposing to construct a 246 sq.ft. garage for the EHU. e. Parking The parking requirements for EHUs are subject to the regulations of Chapter 12-10, Vail Town Code. This EHU is proposed to be 401 sq. ft. in size, therefore two parking space are required. The applicant is proposing to provide one enclosed and one unenclosed parking space. f. Minimum/Maximum GRFA of an EHU Type II EHUs are allowed with a minimum of 300 sq. ft. of Gross Residential Floor Area (GRFA) and a maximum of 1,200 sq.ft. of GRFA. The proposed EHU will be 401 sq. ft. in size. g. Density The applicant is proposing to construct asingle-family dwelling unit and one Type II EHU on this site. Pursuant to Section 12-13-4, Vail Town Code, a Type II EHU will not count as density and is allowed as a third dwelling unit on a property in the Two-Family Primary/Secondary Residential district. • 5 VIII. STAFF RECOMMENDATION • The Community Development Department recommends approval with conditions of a request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, located at 1107 and 1109 Vail Valley DrivelLots 7 and 8, Block 6, Vail Village Filing 7, and setting forth details in regard thereto and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit application, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, 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 and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department approves the following conditions: 1. "This conditional use permit approval shall be contingent upon the applicant's continued compliance with the executed Type 11 EHU deed restriction." • Should the Planning and Environmental Commission choose to approve this conditional use permit application, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Two-Family Primary/Secondary Residential District, based upon the review outlined in Section Vll of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, based upon the review outlined in Section Vll of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning regulations, based upon the review outlined in Section Vll of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission. " • 6 • IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans D. Public Notice C~ • Giordano Residence -Type II EHU Lots 7 & 8, Block 6, Vail Village Filing 7 (1107 & 1109 Vail Valley Drive) Planning and Environmental Commission -August 13, 2007 - ,, ~~ ~~ ~.~ . f <a .-. _,~_~._ ~ ~~ ~~.....- ~~. ~v -~ . F ~. °° <_._~ r ~~ r~ _~. ,r .~"~.~ P. _ >. 0 SO 100 .,~,~ - ~: Feet __7 ~r ~y ~> ,, ~, ~~ ~ ~ .* ~~_ ~ ~ _~ F °, ;, ~~ .~„ °;> ~~ ~.- ~.,, ,~ ~a,;roup Use of thz^~, s .r,,;,se~~~~ly. re 70 ~. 'd I CCes nc; w3rt3f11 the dCf -'may c- .'.e o~neQ "~t^vin. (wee e srww ,par .e oar s apD~ux~mate) Attachment B ®~ ~ ~~ VAg, Inc. Architects & Planners Monday, July 16, 2007 Bill Gibson AICP Planner II Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Conditional Use Permit, Giordano Residence Dear Bill: Thank you for the opportunity to address our request fora "Conditional Use Permit" application with regard to the PEC for the Giordano Residence in Vail. It is our intent that this letter will detail and clarify what we believe is the intent of this request. The Owner's and design team associated with the Giordano Residence endeavor to place restrictions on the use of an apartment located ion their Property for the benefit of the Owner and the Town. In doing so, we will dedicate a Type II EHII as part of the newly designed home. This use will pose no adverse effect on the light and air, transportation facilities, utilities, schools parks and recreation facilities or other public facilities. Likewise, this use will have no impact on traffic or congestion, pedestrian safety and convenience, flow and control, access, maneuverability or removal of snow. The incorporation of this EHiJ will be in context with the surrounding neighborhood and will not impact the overall scale and bulk of the new home. The dedication of this unity will likely result in the residence being occupied year round, thereby impacting the distribution of the population We appreciate your consideration of this issue; please do not hesitate to contact us with any questions or comments. Sincerely, VAg, Inc., Architects & Planners David Baum, Senior Project Architect • Physical Address: (970) 949-7034 Mailing Address: 90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734 Avon, CO 81620 email: general uwagarchilects.com Vail, CO 81658-1734 ~ q?9252 ~~ IERS VAEs1 ptta~hme~t G ~1 ......... 11 ~ 4 _~- :. ~~ ~ ~; X91 1 ~~ ~J ~ ~t 4 'r l fY• 1., ~ %1f /. ~ ~ ,~r4 r• ,~ r~: ~4 .~ _~ ~, ~, y r i ~ ~ ;, :; ~ ,~ , , ~I i'~, ~ r~~ 1't` j''' ~ y t :`' .o, ~` ~Y~ ~1 .~ ~~ .:-~~ ~~ ~ ~ t 3 . ~ ~, ~ ~~ «~ ~~~ ~~t~i~s~~~e~~~~~~~~~~ f~ .- r, ` ~. ~ ~ ~ s~ ~ '. ~, ,~ .,~} • a 08/08/2007 14:20 VAG~INC. ARCHITECTS & PLANNERS ~ 4792452 • • I1 --il)~~ ~ ~``l~y !P +~ ~~~d,s ;. _~,. P K ~ IF ~~~ in! ;~;~ ~~` ~i' j. 'r , I '~ ~'~ :~ ~ ' ~ ~ i r ! ; :' DDDDhfs t' I ~ i~ I ~ = g t i F R S ~ ~~ + ~~ 1 i 07/1109 Vail Vulicy F~rivc ,, ~~ N 933 D03 08i08i2007 14:20 VAG,INC. ARCHITECTS & PLANNERS ~ 4792452 .. _!I ~ -- z._.. . ., L...I~y r,--- ~- ---j~ IIc j~l .. 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I '~•t i f,i i _.. .~.. ~ .~.. , '~ ~. ~R~LIONINA.ltY :_ n®t for c~r~strwcti~n .v ~ ~ f l = ~ k : b ~ ' '• ~ j 1107/1109 Yait Valle DrQvc r.~.. ... ~ r !! ~ ~ N ~ ~ r• iP a ° ~ E i t ~ ! i ~ ~I ~: ~ , I (, ~ Glordaeo Residence ~~ I ~~ jFl ~~ '~ ~li 1~!'j! '~ ~'''i ~~" ~~ 08i08i2007 14:20 UAG~INC. ARCHITECTS & PLANNERS -~ 4792452 N0.933 D06 • _~ . r, C .~ ..: ~.: ~ -~ . -~ I ~~ ~A••~~r'' I+1I',~~ 1 1~ 1 ~ ~ ~ } ~ ~~ Y, ww . y , O IP ~ ii -a f y 9*j h S U ~h T ~I 1~ ~.~' •, ~ iV i 'f t..r I SPA r~~11 ~,`\.` ~ A• ~ I 1 y~ I ~ `-~~ ' 1 / ~ 1~1, ~1AI ~~~'• i 1 I ~~ ~.i- ~ i Y _L..-'_ - ~ I ~'~~~~' ti~~n~~ I("~~•i Lam} _~W. ii i~ ~I~ii i ~ ~ ~; ~ , , . _._. y ---~-~---.... ~ ---~..--- ~- ~q ,,~ 1 _L..., )7 r' . ~ ~ ~ ~ ,~~ ;~~ , .~~ -~ • R., ' ...I.. ~. I. ~d._.:~ - • '"~ .. PRELIMINARY : not for cQnstruttion 3' Lo ~ ~ I ~~° ~'° ~.9 ¢ ~ ~ ~ i ~• . ~ . (I 1107111Q9 VuU'Volley Drive I I ~ ~. ~ . i r ~, ~, ~ i ~ ~ ~ ~ n S ~~ i°t P ~ ~ o it :.~ ~ C•inrdnno kpc:~t~~nn I r~ ~ ,il ~~ ~ id~~r~~:~ ~-f >> ~i •e~ ~ 08108/200? 14:20 VAG,INC. ARCHITECTS & PLANNERS -~ 4?92452 e 1 I I .I ,,I~ ~~ f~ 1 I • r ~' art . ~ ~ ~ '~; "~ '~~f N ~ ~ j~' ~ j ~ ~, , ~ II n . J ~ E a D s N0.933 tier ~ ~ , 4 ~ f ~~~,,~ ... ~\ t : _~ r ~ ~~' ;9 M h ~~ ~~ p~~LIM1N~11~1~?,~n~~ ~°'. constru~tiae+ ._._~~_ _ ~- 110111 l 09 Yail Vailey DriF•c ~ ~}; (~ t~ ~1~ cll if i ~~ !? i ! !'•° ~ t~iordnnn ~uaidrnrc •. i - 08/08/2007 14:20 UAG~INC. ARCHITECTS & PLANNERS ~ 4792452 N0.933 D08 ~_,~~ ~ PI ' ~' ~u F ~;_~ i ,m I ~~ .. • i ~~ A F ~ fi$ ~ :4 aka ~ ~~~ ~ • F r _~ ,~ ~ ~~ ~ ~~ ~~ C ~ F ~~ x '~ r • • yI DD` /{ ~! ~p+ /~ ~ ~ + i I .. _. ,... .._ _ .. !A ._..._ w ~ 9 iI ~ ;r "s ~ ~ ~ ~ ~ 6 i rr ~ '130711109 Vail V~I.Ie ~rivc ~ I ff ~._ ~ ~ iJ t ~ i~ I 'r ~ ~ ~ [ ~ t' F I; I, x,~ ' it { GiOrdono Ylacid nrn I I c~ ~ ~rl ~1 ~) iI~ ~il~~~ s~ ~i~?~ ~ao I 08/082007 14:20 VAG~INC. ARCHITECTS & PLANNERS -~ 4792452 N0:933 D09 • ~ ~~ i I- • ~~ ~~~~il ~~ 7 i,`.. '. r ~~ ~ t b 16 e o 9 u I u l''~ ,~~ E : ,~E 1-tr~ ~~ ~y r f ~ Ear' ~o~ e~i ~~~ ~~$ "~ I }~ ; ~~ 3 ~ ~3 _~ '~e pa •,-. Q ,~ a ~i p~{ ~~ c . ~~ ~ ~~ ~ y~~ ~~ y~6 i~! tyE C ~^ ~ .. .. 1 ~.L~! _::_: ,_:::_; k1 ~~~~ .~i ~~ o~ ~~ ~_ r~~ _. ~-~ I ~5 ~QI !.. i ~ ~r r-~ - ~ L~J r , .'rte-- I'~ ,1rr ;~u~ - _~.~. ~. -.._ ~.1 - , r ' G . ~"" 11 i / ITI ~, ' ~ ['1 II ~ ~ ~ r .. 6 ~,f ~ c ~.: ~ - ~~, ... .~ /'~ ~ i 1 I --=~~------ f~. ~ ,~ i ]~~. l '~ r~ l .. PRELIMINARY ~ not for tonsfrucfion .. ~ 4 1107/1109 V'ei~ V'e~le pave ~~~~ ~~~~po ~I - ~~ I ~i .... ~ .. y i ~ .11~~~ ~~ ~~~~~~~~,,~~~;~.,~~I C 08i08i2007 14:20 VAG+INC. ARCHITECTS & PLANNERS ~ 4792452 N0.933 D10 e~a.I_.t~. a '~' o~o u 4f~ • - --~ „ '1 ~ ,..~ --•~ ~~~ F~j ~~~ ~~~ q; 1~ ~f ~~! ~p~p~ 4 •c ~!R 4~~ ~it~ tai qI~ 4fi ~F~ ~f ~Rt I ~"~ M ~•_ ~ •... K.'~ • 6... _. ...~ y~ ~_~__ I .. ~ 1 { } ~~ ~ i :~~ _ ..( fi ,L-,~ li ~- - i • • • `~"~ .. PRELIMINARY : not for construction .. 6s ~ ~ { ~~~`~ ~~~~i~ !I ~:;~ I E' I 1107/1]09 Vail~'alleyDrive I I .I IOG 1~ ,~ir~~~~~I Ii1Il1~i,T~'~ 08i08i2007 14:20 • 7.~ ._..__.. I~ II I N0.933 f i i( .~_ ~, .._ .. T ~ i .. , ~~ --~ ~,• ~; ., ;- . ;_ ... ,. w r...... ~~ I . 1 .. ~ ..... _ .T _..... ..1'C D11 I` •.,~ • ~- .. PRELIM1NpRY : not for constr~rction .. ~ ~~ ~6 ~ ~ I' ~ ~ ~ I I 11D7/1109 VAII~'eOoyDrlve I I I I ~ !y.(a[.~H al1:o:INPI ~L9. l D l ~~C~ I~~~o. 1 ~..; c air ~ VAG~INC. ARCHITECTS & PLANNERS -~ 4792452 I+ ~ ~ E ~~-~~ ~ I ~ ~ ~ ~ . ~..:.. f 0 t n r y 1-~` 0 _P~ • ~~~ ~~~ ~~ ~~~ u~ ~~ ~~ ~~f ~ ~~~ ;_ ( 5~ r ~ ,r. e s t ~Ri ~p~~ iii yE~ 9Fi (fi ~ ~F ~i~ (~- ~ . ~~ i ~¢ ~ ~ 6g ~; ~ ~j '~~ ~i ; ~ .. I....__. .. ... ~.. 08i08i2007 14:20 VAG~INC. ARCHITECTS & PLANNERS -~ 4792452 N0.933 D12 ~~ ~, 1 ., '; ;' \' \ t 1 1 \ \ i ~ \\ ~ ~\ O i~ \ ' ..._ .. ~, ~ - `~+ ~\ -.. ~~•~ \ - .~. JJ w V.T W \ l ~ '+.f' r it ~+ti , I \ ;; \ ~~ ''~, '`~., ~ t ~ - 1 TJ~ ~ \.~I .. 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ARCHITECTS & PLANNERS ~ 4792452 u ------- Sj - ------ --- a 1 • I J W ~~ ~ ~- N0.933 D15 i~ a~~ r ------- -•-----_~_.~ _._._-_ _._- • ~ ~~ i ~~ t .I I s ~, I . ~ ~ ~ ` ~"~ ~ i~uarac~~ 110711109'Vall Valley Drive j ~ 's e y: r I ,:q ~' ~ : ~ ~ R ~ !? ~ ~ r i f '~~ ~l I (iiordairn Residence ~ I ~i I R~uI ~ t 4~E e~ s!~ ~~ ~ I'. t ~~ ~°~~ ~ ,~. I O8iO8i2OO7 14 20 VAG, I NC . ARCHITECTS & PLANNERS -~ 4792452 N0.933 D16 • F, I E' A t 7 Ill ~:a yi a J'u~„w~LU.,~ " ~ ' . t... r~n,~~~ 'I~iEfl ~~~I 1~I . ,,. _ r .. ,,r ~~~~~.~' ~~`x'~'~3s' ~~.~r.~~'~'~~'~~~~sw~ 11.07/1109 Vail Vnlley Urivc I I i riorcl~no R.esidcnce ~ i }vi ~ !~ fi, i~{`~f1i! o U 08i08i2007 14:20 UAG~INC. ARCHITECTS & PLANNERS -~ 4792452 N0.933 D17 • • ~i e 1107/1109 Vail Valley priweb~ ^ •( , f i' , , , N0.933 D18 08/08/2007 14:20 VAG~INC. ARCHITECTS & PLANNERS -~ 4792452 • -~ I~ ~ ~ i~ 1 i ~ ~ ~ i I ~ r~ ~~~1~~~ ~, --~ ~~~ i ~ ~~ i ~i ! ~ a N R Q ~~ y ~ i ~l9' ~~~aM~.~.u JJ ~ ~, DDDDDU 11071110 Vnil Vnlicy Urlvc C ~~ r i ~• 1 • r~ 9 ~ WI~e~~x~ ti~ Attachment D T F PAIL ~y 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 13, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 11 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 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 3818 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 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 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 1407 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 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 ~,~~ Page 1 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 unpiatted 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 The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25, 2007, in the Vail Daily. C. ,, ~ '~~ ~, r~ Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 13, 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 Sections 12-6B-2, 12-66-3, 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 Sing(e- 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 SUMMARY The applicant, Town of Vail, is proposing to amendment Title 12, Zoning Regulations, • Vail Town Code, to allow a Type 11 employee housing unit (EHU) 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. The primary purpose for these proposed text amendments is to expedite the development review process for Type 11 EHUs to make more efficient use of the Planning and Environmental Commission, Town Staff, and applicants' time and resources. The proposed text amendments do not alter the Town's existing development standards or criteria for review of Type II EHUs. Based upon staff's review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Tvwn Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST A Type I) EHU is a deed restricted dwelling unit constructed in conjunction with asingle- family or two-family residence in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), and Agriculture and Open Space (A) districts. Type II EHUs can not be sold or transferred separately from the primary dwelling unit to which it is associated. Type II EHUs must be leased to, and occupied by; tenants employed within Eagle County in accordance with the requirements of the deed restriction. For zoning purposes, Type II EHUs are not counted as density • and are eligible for additional gross residential floor area (GRFA) and garage floor area credits. Currently Type II EHUs are allowed as conditional uses within the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), and Agriculture and Open Space (A) districts; therefore, all applications for Type II EHUs within these districts require Planning and Environmental Commission review and approval. Please note that the Town of Vail is not proposing to amend the regulations of the Agriculture and Open Space (A) district which currently allow Type II EHUs as a conditional use. Staff believes the open space, rather than residential, character of this district warrants an additional level of review of an EHU within this district. The proposed text amendments will change a Type II EHU from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. These proposed text amendments shift the burden of reviewing and approving Type II EHU applications from the Planning and Environmental Commission to the Town Staff. The primary purpose for these proposed text amendments is to expedite the development review process for Type II EHUs to make more efficient use of the Planning and Environmental Commission, Town Staff, and applicants' time and resources. The proposed text amendments do not alter the Town's existing development standards or criteria for review of Type II EHUs. Currently the Town Staff administratively processes Type II EHU applications on the Glen Lyon Subdivision Primary/Secondary and Single Family Lots of Special Development District #4, Cascade Village. Ordinance No. 23, Series of 1998, establishes the regulations for Special Development District #4 and specifically allows Type II EHUs on these residential properties as permitted rather than conditional uses. To the best of Staff's knowledge, there have been no negative issues associated with the administrative review of proposed Type II EHUs within the Glen Lyon Subdivision. Additionally, Town Staff administratively reviews and approves (or denies) applications for Type I EHUs in the Two-Family Residential and Two-Family Primary/Secondary Residential districts; Type III EHUs in the Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2), and Housing (H) districts; Type IV EHUs in all zone districts; and Type V EHUs in the Hillside Residential (HR) district. The Town of Vail is proposing to amendment Sections 12-66-2, 12-6B-3, 12-6C-2, 12- 6C-3, 12-6D-2, 12-6D-3, and 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. The proposed text amendments are as follows: (deletions are shown in stFilFz t`~r, a+~g#/additions are shown bold) • Sinole-Family Residential (SFR) district 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type Il employee housing unit, as further regulated by chapter 13 of this title. Type IV employee housing unit, as further regulated by chapter 13 of this title. 12-68-3: CONDITIONAL USES: The following conditional uses shall be permitted, subjecf to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Bed and breakfast as further regulated by section 12-14-18 of this Title. Dog kennel. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. • Two-Family Residential ~R) district 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing unit, as~ further regulated by chapter 13 of this title. Type 11 employee housing unit, as further regulated by chapter 13 of this title. Type IV employee housing unit, as furfher regulated by chapter 13 of this title. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. • Home child daycare facility as further regulated by section 12-14-12 of this . title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. ^s s., Two-Family Primary/Secondary Residential ~P/S) district 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing unit, as further regulated by chapter 13 of this title. Type l/ employee housing unit, as further regulated by chapter 13 of this title. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by Section 12-14-18 of this title. . Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. '~oc~ . EHU 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE Zoning districts Ownership/ Additional GRFA' Additional Site Coverage permitted by right or by Transference /Reduced Landscape Area conditional use Type 11 Permitted Use: The EHU shall The EHU is n/a Single-Family not be sold or entitled to an Residential, Two- transferred additional 550 sq. Family Residential, separately from tt. GRFA credit. Two-Family the unit it is Primary/Secondary associated with. Residential Conditional Use: ~+li` ples+~JeAtiat; -Twe- Ear+~iFy-Residential; Residential Agriculture & Open Space Garage Credit/Storage Requirement Allowed 300 sq. R. of additional garage area for the EHU. All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sq. tt. shall be a credit for storage only. Parking Per Chapter 12-10 as a dwelling unit. Minimum/ Maximum GRFA of an EHU 300 sq. ft. minimum. 1,200 sq. ft. maximum. Density Allowed as third unit on property. Does not count as density. 5 BACKGROUND On March 23, 2003, the Planning and proposed text amendments and forwarded Town Council by a vote of 6-0-0. Environmental Commission reviewed the a recommendation of approval to the Vail On July 1, 2003, the Vail Town Council chose to approve the first reading of an ordinance to implement the proposed text amendments by a vote of 5-2-0 (Diana Donovan and Bill Jewitt opposed). On July 15, 2003, and again on October 17, 2003, the Town Council tabled the second reading of this ordinance to an indefinite date. Before approving the second reading, the Town Council first want to await the outcome of the on-going gross residential floor area (GRFA) amendment discussions (which were not approved until August of 2004) and other broader employee housing topics such as deed restriction compliance enforcement. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (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 fhaf will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Article 12-6B: Single-Family Residential (SFR) district 12-6B-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. • • 6 Article 12-6D: Two-Family Primary/Secondary Residential (P/S) district 12-6D-1: PURPOSE.• The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Chapter 12-13: Employee Housing 12-13-1: PURPOSE.' The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town • recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively fo encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Town of Vail Land Use Plan Chapter II: Land Use Plan Goals/Policies 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 sties throughout fhe community. • 7 V. CRITERIA FOR REVIEW The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The proposed text amendments do not alter the existing development standards and/or criteria for review for Type II EHUs, but simply shift the burden of review and approval of Type II EHU applications from the Planning and Environmental Commission to Town Staff. Therefore, Staff believes that the proposed text amendments will create a more efficient development review process for Type II EHUs, and therefore further' the general and specific purposes of the Zoning Regulations, Employee Housing chapter, and the Single-Family Residential, Two- Family Residential, and Two-Family Primary/Secondary Residential districts, as noted in Section V of this memorandum. 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, U Staff believes that the proposed text amendments will create a more efficient development review process for Type II EHUs thus furthering the purpose, intent, • and objectives of the Vail Comprehensive Plan and the development objectives of the Town. Staff also believes that the proposed text amendments specifically conform to the goals 5.3 and 5.5 of the Town of Vail Land Use Plan, as noted in Section IV of this memorandum. As a permitted use, any proposed Type II EHU will be reviewed by the Town Staff for compliance with the same development standards (setbacks, GRFA, site coverage, landscape area, parking, etc.) and design guidelines as they are currently reviewed as a conditional use. As a permitted use, any proposed Type II EHU will also be subject to the same deed restriction requirements as they currently subject to as a conditional use. 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, To the best of Staff's knowledge, of the approximately 24 Type II EHU applications reviewed by the Planning and Environmental Commission since 1994, only one application has been denied. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, • 8 • Since the proposed text amendments do not alter the existing development standards and/or criteria for review for Type II EHUs, Staff believes that the proposed text amendments provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. Staff also believes that the proposed text amendments will create a more efficient development review process for Type II EHUs thus furthering the purpose, intent, and objectives of the regulations. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. Nina Timm, Town of Vail Housing Coordinator, on behalf of the Vail Local Housing Authority, is supporting these proposed text amendments. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval for the proposed text amendment to the Vail Town Council. Staffs recommendation is based upon the review of the criteria found in Section IV of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a • recommendation of approval; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendments to Sections 12-68-2, 12-68-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type 11 employee housing unit as a permitted use, and to eliminate a Type 11 employee housing unit as a conditional use, in the Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential districts, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: That the amendment is consistent with 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 VI of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission. 2. That the amendment furthers the general and specific purposes of the zoning regulations, based upon the review outlined in Section VI of the Staff's • August 13, 2007, memorandum to the Planning and Environmental Commission. 9 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 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 Vl of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission. VII. ATTACHMENTS A. Public Notice • 10 Attachment A aF ynrL ~', 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 13, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 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 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 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 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 Page 1 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 The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25, 2007, in the Vail Daily. • • Page 2 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 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 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 • I. SUMMARY The applicant, June Frazier, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to shared property boundaries, located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn Subdivision 2"d Addition, and setting forth details in regard thereto. The purpose of the proposed amended final plat is to reconfigure the shared property boundary between Lots 8 and 9. The proposed amended final plat involves expanding Lot 9 by a length of 15.19 feet into Lot 8, which is a transfer of approximately 2,010 sq. ft. of lot area. Staff is recommending approval, with conditions, of this application subject to the findings and criteria outlined in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, June Frazier, is requesting to modify the shared property boundary between Lots 8 and 9, Bighorn Subdivision 2"d Addition, located at 3816 and 3826 Lupine Drive. The applicant currently owns both Lots 8 and 9. A single family residence currently exists on Lot 9, while Lot 8 is currently undeveloped. The purpose of this proposed amended final plat is to reconfigure the shared property boundary between Lots 8 and 9 to allow for a future addition to the existing residence on Lot 9. The existing and proposed Lots 8 and 9 conform to all development standards of the Two-Family Primary/Secondary District. A vicinity map depicting the subject properties (Attachment A) and the proposed amended final plat have been attached for reference (Attachment B). • 111. BACKGROUND tots 8 and 9, Bighorn Subdivision 2"d Addition were annexed into the Town of Vail on November 5, 1974. At the time of annexation, a single family structure existed on Lot 9. The proposed amended final plat adjusts the shared property boundary between Lots 8 and 9. The existing Lots 8 and 9 comply with all development standards of the Two- Family Primary/Secondary District. In 1978, the Town of Vail adopted hazard regulations to protect residents from the dangers of development in floodplains, avalanches, steep slopes, and geologically sensitive areas. Both Lots 8 and 9 are located within rockfall, debris flow, and avalanche hazard zones. On July 20, 2001, the Vail Town Council held an executive session to discuss Lots 8, 10, and 11 Bighorn Subdivision 2"d Addition: The Comprehensive Open Lands Plan identified these properties as a high priority for Town acquisition. The Council chose not to pursue acquisition or purchasing a conservation easement across the properties. Instead the Council chose to take no action. This decision was rationalized by the fact that the Town's existing hazard regulations and development standards strictly regulate future development on these sites. On August 13, 2001, the Planning and Environmental Commission approved a final plat to modify the property boundaries between Lots 8, 9, and 10, Bighorn Subdivision 2"d Addition. This final plat approval was contingent upon the applicant obtaining approval of a variance to allow for the creation of a lot with less than 15,000 sq.ft. of buildable • area. The project did not proceed further, and this 2001 approval has expired and is null and void. IV. APPLICABLE PLANNING DOCUMENTS TITLE 13: SUBDIVISION REGULATIONS (in part) 13-2-2 DEFINITIONS EXEMPTION PLAT: The platting of a portion of land or property that does not fall within the definition of a "subdivision", as contained in this section. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS: A. 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 to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and • • 2. The extent to which the proposed subdivision complies with alt 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 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 4. The extent of the effects on the future development of the surrounding area; and 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 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 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 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 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 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. 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. C7 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. V. VI. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by Title 12, Chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two-Family Primary/Secondary Residential District East: Residential Two-Family Primary/Secondary Residential District West: Residential Two-Family Primary/Secondary Residential District, and Eagle County Zoning South: Residential Two-Family Primary/Secondary Residential District, • SITE ANA LYSIS The following is a zoning analysis of Lots 8 and 9, which are proposed to be amended by this application. The purpose of this analysis is to provide a comparison of the existing lots to the proposed lots. Lot 8, Bighorn Subdivision 2"d Addition Zoning: Two-Family Primary/Secondary Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Undeveloped Hazards: High Severity Rockfall, High Hazard Debris Avalanche, Possible Avalanche Influence Zone Development Standards Allowed Lot Area: 15,000 sq.ft. (min) Square Building Area: 80 ft.x80 ft. (min) Setbacks (min): 20 ft. front (min) 15 ft. side (min} 15 ft. rear (min) Frontage: 30 ft. (min) Existing Proposed 39,864 sq.ft. 37,854 sq.ft. 105 ft.x105 ft. 90 ft.x90 ft. n/a no change n/a no change n/a no change • 120.64 ft. 104.93 ft. • GRFA : 8,921 sq.ft. (max) n/a no change Site Coverage: 7,571 sq.ft. (max) n/a no change Landscape Area: 22,712 sq.ft. (min) n/a no change Lot 9. Bighorn Subdivision 2"d Addition Zoning: Two-Family Primary/Secondary Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Single Family Residence Hazards: High Severity Rockfall, High Hazard Debris Avalanche, Possible Avalanche Influence Zone Development Standard Allowed Existing Proposed Lot Area: 15,000 sq.ft. (min) 14,491 sq.ft. 17,250 sq.ft. Square Building Area: 80 ft.x80 ft. (min) 100ft.x100 ft. 115ft.x115ft. Setbacks: 20 ft. front (min) not available no change 15 feet sides (min) not available no change 15 feet rear (min) not available no change Frontage: 30ft. (min) 133.48 ft. 149.25 ft. GRFA: 6,793 sq.ft. (max) not available no change Site Coverage: 3,450 sq.ft. (max) not available no change Landscape Area: 10,350 sq.ft. (min) not available no change 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: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: The proposed amended final plat adjusts the shared property boundary between Lots 8 and 9. The proposed amended final plat involves expanding Lot 9 by a length of 15.19 feet into Lot 8, which is a transfer of • approximately 2,010 sq. ft. of lot area. The existing Lots 8 and 9, and the 5 proposed lots created by this amended final plat comply with all development • standards of the Two-Family Primary/Secondary District. The Comprehensive Open Lands Plan identified Lot 8 as a high priority for acquisition. However, on July 20, 2001, the Council chose not to pursue acquisition or purchasing a conservation easement across the properties. Instead the Council chose to take no action. This decision was rationalized by the fact that the Town's existing hazard regulations and development standards strictly regulate future development on these sites. Staff believes the proposed amended final plat complies with 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: The proposed amended final plat adjusts the shared property boundary between Lots 8 and 9. The proposed amended final plat involves expanding Lot 9 by a length of 15.19 feet into Lot 8, which is a transfer of approximately 2,010 sq. ft. of lot area. The existing Lots 8 and 9, and the proposed lots created by this amended final plat comply with all development standards of the Two-Family Primary/Secondary District. (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 adjusts the shared property boundary between Lots 8 and 9. The proposed amended final plat involves expanding Lot 9 by a length of 15.19 feet into Lot 8, which is a transfer of approximately 2,010 sq. ft. of lot area. The existing Lots 8 and 9, and the proposed lots created by this amended final plat comply with all development standards of the Two-Family Primary/Secondary District. Staff believes the proposed amended final plat maintains a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The proposed amended final plat adjusts the shared property boundary between Lots 8 and 9. The proposed amended final plat involves expanding Lot 9 by a length of 15.19 feet into Lot 8, which is a transfer of approximately 2,010 sq. ft. of lot area. The existing Lots 8 and 9, and the proposed lots created by this amended final plat comply with all development standards of the Two-Family Primary/Secondary District. Staff does not believe the proposed amended final plat will significantly affect the future development of the surrounding areas in comparison to existing conditions. • . (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 will not negatively affect the elements identified in the above criterion, as these are existing lots. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and Staff Response: The proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 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 adjusting the shared property boundary between Lots 8 and 9 will continue to allow for the orderly growth of the community and serves the interests of the community as it will bring the Lot 9 into conformance in regard to the standards of the Two-Family Primary/Secondary Residential District. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: Staff does not believe the proposed amended final plat adjusting the shared property boundary between Lots 8 and 9 will result in any adverse impacts to any of the items listed in the above criterion, as these are existing lots. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with a condition, the amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn Subdivision 2"d Addition, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the amended • final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the • applicant's request for an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to shared property boundaries, located at 3816 and 3826 Lupine DrivelLots 8 and 9, Bighorn Subdivision 2"d Addition, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this amended final plat, the Community Development Department recommends the Commission approve the following 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 a~proval of this amended final plat for Lots 8 and 9, Bighorn Subdivision 2" Addition, on the basis that the resulting approved plat created a physical hardship for developing these lots." Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the subdivision is in compliance with the criteria listed in Sub-section 13- 3-4A, Vail Town Code, based upon the review outlined in Section VII of the Staff's August 13, 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 Vll of the Staffs August 13, 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 VII of the Staffs August 13, 2007, memorandum to the Planning and Environmental Commission. 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 VII of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission.." • 8 • IX. ATTACHMENTS A. Vicinity Map B. Proposed Amended Final Plat C. 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G ri .'° apt ~~`/~~/, z- 3" c- E ~ Y ~h %.~, I Attachment C ly T06VN OF PAIL 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 13, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 I{ 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 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 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 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 A request for a final review of an exterior alteration, pursuant to Section 12-76-7, 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 . ~. ~`~~ ~~?~ • • • Page 1 C 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 The' applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. ".Published July 25, 2007, in the Vail Daily. ~. ., .. • ~. • ~.: Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2007 SUBJECT: 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. Planner: Bill Gibson • I. SUMMARY The applicant, Herman Staufer, represented by VAg, Inc., Architects and Planners, is requesting approval of an exterior alteration, pursuant to Section 12- 76-7, Exterior Alterations or Modifications, Vail Town Code, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. The purpose of the proposed exterior alteration is to allow for the replacement of two existing flush store front windows with two store front bay windows at the Pano Jewelry tenant space located on the first floor level of the Bell Tower Building. The proposed bay windows will be located on the south side of the building adjacent to Gore Creek Drive. Staff is recommending approval, with conditions, of this application subject to the findings and criteria outlined in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The purpose of the proposed exterior alteration is to allow for the replacement of two existing flush store front windows with two store front bay windows at the Pano Jewelry tenant space located on the first floor level of the Bell Tower Building. The proposed bay windows will be located on the south side of the building adjacent to Gore Creek Drive. The bay windows will add an additional 24 sq.ft. of "net floor area" (12 sq.ft. for each window) to the retail space. The south edge of the Bell Tower Building is located within one foot of the property boundary. The proposed bay windows will extend approximately two feet from the face of the building; and therefore, encroach one foot into the Gore Creek Drive Right-of-Way. • III. BACKGROUND • At its August 7, 2007, public hearing, the Vail Town Council, acting as the property owner of the Gore Creek Drive Right-of-Way, authorized the applicant to proceed through the Town's development review process. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Municiaal Code. Title 12 Zoning Regulations Chapter 7 -Commercial and Business Districts, Article B, Commercia{ 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 pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualifies 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 exisfing 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): 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 improvement 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 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 2 • 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. 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. 1.3 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. 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.) Vail Villaoe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. 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 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. (in part): 4 • Goai #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. 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 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, consistenf 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 Policv: 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 considerafions. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. C7 5 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, lighting 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. 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. Design considerations relative to redevelopment within the Commercial Core, specific to this proposal are as follows: Vail Village Design Considerations: Facades -Windows In addition to the general degree of transparency, window details are an important source of pedestrian scale-giving elements. The size and shape of windows are often a response to the function of the street adjacent. For close-up, casual pedestrian viewing windows are typically sized to human-sized dimensions and characteristics of human vision. (Large glass-wall storefronts suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished.) Ground floor display windows are typically raised slightly 18 feet f and do not extend much over 8 feet above the walkway level. Ground floors which are noticeably above or below grade are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human-related dimensions). Glass areas are usually subdivided to express individual window elements -and are further subdivided by mullions into small panes -which is responsible for much of the old-world charm of the Village. • 6 • Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to give a pleasing rhythm. Horizontal repetition of single window elements, especially over long distances, should be avoided. Large single pane windows occur in the Village, and provide some contrast, as long as they are generally consistent in form with other windows. Long continuous glass is out of character. Bay, bow and box windows are common window details, which further variety and massing fo facades -and are encouraged. Reflective glass, plastic panes, and aluminum or other metal frames are not consistent in the Village and should be avoided. Metal-clad or plastic clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. V. 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. 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/Reauired Existing Buildable Lot Area: 5,000 sq. ft. (min.) 6,098 sq.ft. Setbacks: None or 1 ft. unless specified otherwise in the Vail Village Master Plan Proposed No Change 0 ft. (1 ft. into Gore Creek Drive ROW) Site Coverage: 4,878 sq. ft. (80%) or 5,561sq.ft.(90%)5,585sq.ft.(90%) as per the Vail Village Urban Design Guide Plan VI. 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) • 7 VII. REVIEW CRITERIA • It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12-76-1, Vail Town Code; and, Staff response: Staff finds that the proposed exterior alteration ensures "adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses." Staff finds that this proposed exterior alteration also ensures "the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways." Staff also finds that this proposed exterior alteration also ensures the "continuation of the building scale and architectural qualities that distinguish the Village". Section 12-7b-15, Site Coverage, Vail Town Code, states that: "site coverage shall not exceed 80% of the total site area, unless otherwise specified in the Vail Village ,Urban Design Guide Plan and Design Considerations. " The existing Bell Tower Building currently has approximately 90% site coverage. The proposed bay windows will modestly increase the site coverage of the building; however, the proposal • is consistent with the Vail Village Urban Design Guide Plan's Design Consideration that "bay, bow and box windows are common window details, which further variety and massing to facades - and are encouraged". Therefore, Staff believes the proposed increase in site coverage is consistent with the Vail Village Urban Design Guide Plan and the purposes of the Commercial Core 1 District. 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; and, Staff response: Staff finds that this proposed exterior alteration is consistent with, and furthers, the goals and policies of the Vail Land Use Plan as identified above in Section IV of this memorandum. Staff finds that this proposed exterior alteration is consistent with, and furthers, the goals and policies of the Vail Village Master Plan as identified above in Section IV of this memorandum. Staff finds that this proposed exterior alteration is consistent with the Vail Village Urban Design Guide Plan's Design Consideration that "bay, bow and box windows are common window details, which further variety and massing to facades -and are encouraged". . 8 • The Town of Vail has recently constructed streetscape improvements adjacent to the Bell Tower Building in accordance with the Vail Village streetscape Master Plan. Since this proposal involves the installation of bay windows, this proposed exterior alteration does not affect the constructed streetscape improvements. The proposed bay windows will not impede pedestrian or vehicular access along Gore Creek Drive any more than the new landscape planters installed along the south edge of the Bell Tower Building as part of the Vail Village streetscape construction project. Therefore, Staff believes the proposed exterior alteration is consistent with all applicable elements of the Vail Master Plan, the Town of Vail streetscape Master Plan, and the Vail Comprehensive Plan. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff response: Staff finds that this proposed exterior alteration is consistent with the Vail Village Urban Design Guide Plan's Design Consideration that "bay, bow and box windows are common window details, which further variety and massing to facades -and are encouraged." Since this proposal replaces two existing flush storefront windows with new bay window forms encourage by the Vail Village Design Considerations, Staff belives the proposed exterior alteration will have a positive affect on the character of the neighborhood. 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 urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sunlshade analysis; and, Staff response: The Town of Vail has recently constructed streetscape improvements adjacent to the Bell Tower Building in accordance with the Vail Village streetscape Master Plan. Since this proposal involves the installation of bay windows, this proposed exterior alteration does not affect the constructed streetscape improvements. The proposed bay windows will not impede pedestrian or vehicular access along Gore Creek Drive any more than the new landscape planters installed along the south edge of the Bell Tower Building as part of the Vail Village streetscape construction project. Additionally, Staff finds that this proposed exterior alteration is consistent with the Vail Village Urban Design Guide Plan's Design Consideration that "bay, bow and box windows are common window details, which further • variety and massing to facades -and are encouraged." 9 Therefore, Staff finds that the proposed exterior alteration substantially • complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations. 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 based upon its conformance with the goals of the Land Use Plan, the Vail Village Urban Design Guide Plan, and its lack of impact to the constructed elements of the Vail Village Streetscape Master Plan. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the an exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this exterior alteration, the Community Development Department recommends the Commission pass the following motion: • "The Planning and .Environmental Commission approves an exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this amended final plat, the Community Development Department recommends the Commission approve the following 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 encroachment agreement, or similar agreement as deemed appropriate by the Town Attorney, for the entry feature prior to application for a building permit." Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: 10 . "The Planning and Environmental Commission finds that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-78-1 of the Zoning Regulations; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and fhe Vail Comprehensive Plan; and that the proposal does not ofherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vai! Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail Comprehensive Plan. Additionally, the Planning and Environmental Commission finds that the proposed site coverage associated with this exterior alteration application is consistent with the Vail Village Urban Design Guide Plan and Design Considerations. " IX. ATTACHMENTS A. Vicinity Map • B. Applicant's Request C. Architectural Plans D. Public Notice • o so goo ~~~ Attachment B ~~ VAg, Inc. Architects & Planners Monday, July 16, 2007 Bill Gibson AICP Planner II Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Design Intent, Bell Tower Bay Windows Dear Bill: Thank you for the opportunity to address our request fora "Change to the Approved Plans" with regard to the PEC and DRB for the Bell Tower Building in Vail. It is our intent that this letter will detail and clarify what we believe is the intent of this request. The Owner's and design team associated with the Bell Tower Building endeavor to re-energize the building through a complete, thorough and thoughtful exterior renovation of the property, as previously approved by the Town. In this effort, the Owner's are requesting a revision to the approved plan that will affect two picture/display windows on the northern (Gore Creek Drive) elevation of the property. We intend to replace the picture/display windows with large, bay display windows of a similar size and location, common throughout the village. It should be noted that these windows, while potentially encroaching on town property, are to be contained beneath an existing roof overhang and will not worsen the existing condition. We appreciate your consideration of this issue, please do not hesitate to contact us with any questions or c„~,u~~ents. Sincerely, VAg, Inc., Architects & Planners David Baum, Senior Project Architect file: R:\OScAdrrm\FortrtslForArchitects\LetterTemplate.doc 6/ 1 Z/0 I Physical Address: (970) 949-7034 Mailing Address: 90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734 Avon, CO 81620 email: generalC~\~agarchirects.com Vail, CO 81658-1734 D • • • Attachment C • b a o ~.+. ~. ~ ~ e~ N O ~~ ~. O ~ ~ ~~ r~ "~! ~ ~ ~ r'~ O ~.. y 0 A~ O PD O rD ? a~ c { ~ { p g ~ ~ f The Bell Tower Pano's Remodel ~ ~ ~ i i 201 Gore Creek Drive r 6! _ ~# i i i 1' ff t 1. *, zW` iii~`~ 3q~r ~r~.+is W!~' Q{l~ '••">~!{F~t~"~°~~' ~~ ~ ~~'r~ {', ~ ~~ ~ ~~~ i~ ~~~' ~ ~; ~~~ ~ t ~~ ~ ~ ~~ ~'~yieiy~~e' ns~Wy d u ~a~'{i,~~ ~ ~ N MN ~ ' ~ ~ ~ ~~ (L ~~ ~ iii ~~ ~Ei~~~rt~~t~~~~ ~~ ~~~ tt t E ~ c~ m O ~: m ~= a : ,~ ~~ ~ ~ ~~~3 ~~~i~ ~~ ~~ ~~E~ ~~ ~~ ~~t~ ~~t~ nm O ~ _ ~ Aa~aa~ ~ ~t r "e ~R [i ., '~ { -. 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II '{ E; t ;• ?B "' ° t N f ~ t - ° e it ; 3 r °~~' S a .® PR~LIiNt~Y s ~~t f~~ sus#r~:#a~ ~~ T The Bell Tower Pano's Remodel { t 201 Gore Creek Drive ~ v.q c.~.ra. • • r r t i i w ~ ~ { z,~ 3 ~ t ~~ ~ The Beii Tower Paao's Remodel e. s "~ s t ~~ : 20IGoVr,~eekDtive c •.~.. ~~~..~ ~ icy y ° ~' ~ ~' ~: ~~ ~" r ~ TOWN OF PAIL ~ Attachment D 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 13, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 GibsonlNina Timm 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 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 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 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 r~,~ 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 • • ~~~ ~1~1 1~ ~ Page 1 • 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 The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25, 2007, in the Vail Daily. • ~~,,y , ; Page 2 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2007 SUBJECT: A request for a final review of a Conditional Use Permit pursuant to Section 12-8C-3, Conditional Uses, to allow for the repair, replacement and realignment of an existing recreational path, as well as final review of a Floodplain Modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year floodplain, to repair and realign certain sections of existing recreational path, located on an unplatted parcel of land directly east of Sunburst Drive (a more complete location description is available at the Town of Vail Department of Community Development). (PEC07-0049) Applicant: Town of Vail Planner: Scot Hunn I. SUMMARY The Applicant, Town of Vail, is requesting approval of a Conditional Use Permit, • pursuant to Section 12-8C-3, Conditional Uses, to allow for the repair, replacement and realignment of an existing recreational path within unplatted open space, generally located within the Katsos Ranch open space parcel in East Vail, as identified on the Town of Vail Comprehensive Open Lands Plan. As well, the Applicant is requesting approval for a Floodplain Modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading, raising and/or re-alignment of certain sections of the Gore Valley Trial within the 100-year floodplain. Based upon Staffs review of the criteria in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the requested Conditional Use Permit and requested Floodplain Modification, subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail (TOV), is requesting approval of a Conditional Use Permit as well as a request for approval for Floodplain Modification, to allow for repair, replacement and minor re-alignment of those portions of the Gore Valley Trail (a.k.a. "Katsos Ranch Trail") running through the Katsos Ranch open space parcel. A vicinity map has been attached for reference (Attachment A). The Town of Vail Floodplain Coordinator has reviewed the proposal and has determined that it conforms to the technical requirements of the Vail Town Code • (Attachment H). III. BACKGROUND • History and Status of Trail Those portions of the Gore Valley Trail running through the Katsos Ranch open space parcel in East Vail were originally constructed in their current alignment during the mid-1980's. The majority of this 2.2 mile segment of trail, generally running along the Gore Creek basin between Sunburst Lane and Bighorn Road, is located within the Natural Area Preservation (NAP) district, as described below (in part): "12-8C-1: PURPOSE: The natural area preservation district is designed to provide areas which, because of (heir environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 12-8C-2* of this article. The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's • tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements." Note: Permitted uses in the NAP zone district include "Nature Preserves"; trails/recreational paths are listed as conditional uses within the NAP zone district. It should also be noted that certain portions of existing trail are situated within "Sensitive Natural Habitat" and/or "Floodplain/Riparian" areas identified on the Hazard and Sensitive Area Map, contained within the Town of Vail Comprehensive Open Lands Plan. Since initial construction, the path has accommodated ever increasing levels of use by residents and visitors, yet has required ongoing maintenance (patching and overlays). The path is currently in a state of disrepair, due to unstable sub- grades, deteriorating pavement, and occasional flooding of certain sections of the path during spring runoff. Further, sections of the trail are located within the 100- year floodplain, and subsequently within areas identified as "Sensitive Natural Habitat" and/or "Floodplain/Riparian". For these reasons, the Town of Vail Public Works Department proposes to make certain improvements to the trail during the fall of 2007. • 2 • Overview of Improvements Improvements shown on plans generated by Marcin Engineering, LLC., dated 7/19/07 (Attachment C), include grading, drainage and minor re-alignment work, as well as full asphalt paving overlay. Specifically, work will include repair and resurfacing of certain sections of paved trail, re-alignment and raising of others to be more sensitive to the environment (wetlands, existing trees and floodplain areas) and to improve certain areas where steep grades and/or sharply curved sections present practical difficulties and/or safety concerns relative to line of site. As well, plans call for removal of subgrade materials and replacement with new subgrades and geotextile fabric in certain areas prone to flooding and/or poor soils in order to reduce the need for ongoing, costly maintenance. Conditional Use Required Due to the nature of certain improvements such as re-alignment of approximately 800 linear feet of the path (establishing new areas of paved, non-motorized bicycle paths and pedestrian pathways within the Natural Area Preservation district), a Conditional Use Permit approval is required. There are generally two primary sections of trail where re-alignments of trail will occur: A. One area lies within section 4 of the attached plans (sheet 4) - re-alignment of two steep switchbacks where existing average grade of the top switchback exceeds 14%; the lower switchback exceeds 12%. B. The other(s) areas are generally located within section 12 of the attached • plans (sheet 8) - re-alignment of approximately 420 linear feet of path along an existing sewer line easement, to include approximately 230 feet proposed to be removed in its entirety from the floodplain.* Note: * Re-alignment and/or raising of the trail within section 12 (as shown on the attached plan set) requires approval of Floodplain Modifications as this area is generally located within the 100-year floodplain. Floodplain Modification(s) As well, due to limited grading, raising and/or re-alignment of certain portions of path within the 100-year floodplain, approval for Floodplain Modification is required. These improvements generally occur within Section(s) 3, 7, and 12 as depicted on the attached plan set. Of note is the fact that the Applicant proposes to move approximately 230 linear feet of existing path entirely out of the floodplain in section 12; this improvement coincides with a wetlands mitigation project being performed by the Eagle River Water and Sanitation District, allowing for the restoration of over 5000 square feet of historical wetland in an area that is prone to spring time runoff and flooding. IV. ROLES OF REVIEWING BODIES Conditional Use Permit Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a Conditional Use Permit, pursuant to Title 12, Chapter 8, Article C -Natural Area Preservation (NAP) District; Section • 12-8C-3, Conditional Uses (in part): 12-8C-3: CONDITIONAL USES: The following uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. And; pursuant to Section 12-16-5, Conditional Use Permits -Planning and Environmental Commission Action (in part): A. POSSIBLE RANGE OF ACTIONS: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. Floodplain Development Permit Plannina and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a Floodplain Modification, pursuant to Chapter 14-6, Grading Standards -Floodplain Standards (in part): • 14-6-6: FLOODPLAIN STANDARDS: No grading is permitted in the 100-year floodplain without planning and environmental commission approval. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Regulations (Title 12. Vail Town Code) Chapter 8 -Open Space and Recreational Districts (in part): 12-8C-3: CONDITIONAL USES: The following uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Chapter 16 -Conditional Use Permits (in part): Section 12-16-1: Purpose; Limitations In order fo provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted 'in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be /ocafed 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 4 • surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Chapter 21 -Hazard Regulations Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part) Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. If an applicant wishes to grade into the 100-year floodplain, an environmental impact report is required. * The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profile and velocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvements shall be constructed within 1 ' of the floodplain line. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1'=20' topographic 2' contour map using the adopted Town of Vail flood profiles (the Federal Emergency Management Agency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting point and the starting elevation for the floodplain delineation. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA maybe required. Note: The Applicant has provided written justification (Attachment H) prepared by the Town of Vail Floodplain Coordinator stating reason why an Environmental Impact Report will not be required for purposes of review and approval of this Floodplain Modification application. Town of Vail Comprehensive Open Lands Plan C7 5 VI. CRITERIA AND FINDINGS • Conditional Use Permit Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed conditional use permit is consistent with, or has no impact upon, the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposed conditional use permit will have no effect on the above criterion due to the lack of any negative externalities. Rather, Staff suggests the proposed improvements will have a positive effect by improving an important transportation and recreational facility by improving safety, reducing ongoing maintenance requirements and enhancing the natural environment through reclamation and restoration of wetland habitat. 3. Effect upon traffic with particular reference to congestion, • automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed improvement will have no effect on automotive traffic, however pedestrian and bicycle traffic facilities (and therefore safety and convenience) are improved. As well, pedestrian, bicycle and Nordic traffic flow and control, access, maneuverability, and removal (or grooming) of snow will be improved. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes the proposed conditional use permit will have no negative effect upon the above criterion as the proposed improvements and repair work coincide with existing uses of the site and otherwise further the stated purpose of the Natural Area Preservation zone district. Specifically, and in certain instances, the proposed improvements and repairs will enhance the area by allowing for the reclamation of over 5,000 square feet of wetland areas, creation of more environmentally sensitive trail alignments elsewhere, and the creation of generally improved aesthetics (improved shoulder and asphalt overlay). . 6 Floodplain Modification A. The Planning and Environmental Commission shall consider the following criteria when reviewing an application for a modification to the floodplain:, The proposed floodplain modification will not increase the quantity or velocity of flood waters. The Applicant is proposing to restore any areas previously disturbed by the existing path to their natural topography and native vegetative cover. In addition, any areas of natural topography and native vegetation" disturbed in order to realign the path or install new drainage culverts will be restored, so there will be no permanent modification to the Gore Creek 100-year floodplain. Additionally, in a report generated by River Restoration.Org,' Inc., dated July 10, 2007, (Attachment G), a finding is made or recommended that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. The Applicant is proposing to restore any areas previously disturbed by the existing path to their natural topography and native vegetative cover. In addition, any areas of natural topography and native vegetation* disturbed in order to realign the path or install new drainage culverts will be restored, so there will be no permanent modification to the Gore Creek 100-year floodplain. Additionally, in a report generated by River Restoration.Org, Inc., dated July 10, 2007, (Attachment G), the finding is made or recommended that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 3. Such other factors and criteria as the commission deems applicable to the proposed variance. The Town of Vail Floodplain Coordinator has determined that this project does not significantly change the environment and does not require the submittal of an environmental impact report pursuant to Section 12-12-2, Applicability, Vail Town Code. Note: Generally, most areas proposed to be disturbed to accommodate new alignments and/or revised grades have been previously disturbed and cannot be categorized as natural or native. B. The Planning and Environmental Commission shall make the following findings before approving a floodplain modification: 1. The proposed floodplain modification will not increase the quantity or • velocity of flood waters. 7 2. The proposed floodplain modification will not adversely affect adjacent • properties. VII. STAFF RECOMMENDATION Conditional Use The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, a Conditional Use Permit, pursuant to Section 12-8C-3, Conditional Uses, to a11ow for the repair, replacement and re-alignment of an existing recreational path for the Gore Valley Trail, and certain improvements thereto as specified in construction plans prepared by Marcin Engineering, LLC, and dated 7/19/07. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the Conditional Use Permit, to allow repair, replacement and re-alignment of certain portions of the Gore Creek Trail within Town of Vail open space, and setting forth details in regard thereto, subject to the following conditions: 1. Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 2. Prior to construction, the Applicant shall ensure that any and all measures are taken through proper site management and staging coordination (staging, site fencing and access control/signage) as to effectively protect the public's interest and immediate health and well being. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: The proposed conditional use permit is consistent, or has no impact, with the development objectives of the Town. 2. The proposed conditional use permit will have no effect on the above criterion due to the lack of any negative externalities. 3. The proposed conditional use will have no negative effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. 4. The proposed conditional use will have no negative effect upon the • character of the area in which the prvposed use is to be located, • including the scale and bulk of fhe proposed use in relation to surrounding uses." Floodplain Modification The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, a Floodplain Modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the minor grading within the 100-year floodplain of Gore Creek. This recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the Applicants' request for floodplain modifications, pursuanf to Chapter 14-6, Grading Standards, Vail Town Code, to allow for minor grading within the 100-year floodplain of Gore Creek, and setting forth details in regard thereto, subject to the following conditions: 1. Prior to construction, fhe Applicant shall comply with the requirements of all applicable local, state, and federal permits and • approvals. 2. Prior to construction, the Applicant shall coordinate all grading associated with this proposal with the State of Colorado Division of Wildlife to ensure the protection of fish and other aquatic species. 3. Within 30 days of completion of the improvements/modifications within the 100-year floodplain, the Applicant shall obtain Town of Vail approval of an as-built survey demonstrating that the 100-year floodplain was modified in accordance with this approval. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 2. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the analysis by the Town of Vail Floodplain Coordinator. 3. The proposed floodplain modification will not adversely affect adjacent properties, based upon the analysis by the Town of Vail Floodplain Coordinator. 9 5. The proposed floodplain modification will not have an adverse . affect on the environment, based upon the analysis by the Town of Vail Floodplain Coordinator. " VI11. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Engineering Drawings D. Site Photographs E. Wetlands Study prepared by Montane Environmental Solutions, Ltd. G. Opinion of Floodplain Impacts prepared by River Restoration.Org H. Town of Vail Floodplain Coordinator Approval I. Public Notice • 10 • • Attachment A • Attachment B Memorandum • To: Town of Vail Department of Community Development From: Gregg Barrie Town of Vail Department of Public Works RE: Katsos Ranch Trail Improvements Date: July 16, 2007 Introduction The Gore Valley Trail through the Katsos Ranch Open Space was originally constructed by Town crews in the mid 1980's. Since then, only minor repairs have been made to the two mile long path, and many sections are in disrepair due to unstable subgrades, deteriorating pavement, and areas that tend to flood during spring runoff. As part of ongoing recreation path maintenance, the Department of Public Works will be making improvements to the Katsos Ranch Trail during the fall of 2007. The improvements include grading, drainage, and minor alignment work, as well as a full asphalt paving overlay. The proposed work requires two approvals from the Planning and Environmental Commission: • 1. Approval for Floodplain Modifications for minor grading and paving within the 100 year Floodplain 2. A Conditional Use Permit for two minor realignments of the path I. Floodplain Modifications There are three sections of path where it will be required to perform minor grading work in the 100-year floodplain based on the best available floodplain mapping from FEMA. A. Section 3 of the Proposed Improvements (Attachment 1) was constructed through a low lying area with poor subgrade soils. The proposed work includes excavating 18" below the existing path, installing soil stabilization fabric, and placing 18" of stable subgrade material. The asphalt path will be replaced in its existing location and to existing grade. No impacts to the floodplain will be made. B. Section 7 of the Proposed Improvements (Attachment 2) was constructed through a low lying area with poor subgrade soils. The proposed work includes excavating 18" below the existing path, installing soil stabilization fabric, and placing 24" of stable subgrade material. This will result in a net elevation increase of 6" above the existing grade for a distance of 275 linear feet of path. C. Section 12 of the Proposed Improvements (Attachment 3) was constructed through a low lying area. Portions of this section of trail are covered with water at various times throughout the year and there are multiple factors influencing the proposed work. The work for this section wilt require approval for both Floodplain Modification and a Conditional use for realignment. It is discussed in more detail in Part III. • II. Realignment Work There are two proposed realignments of the trail: A. Section 4 of the Proposed improvements (Attachment 4) shows the realignment of two steep "switchbacks" in the trail. The existing average grade of the top switchback exceeds 14% for over 125 feet, while the steepest section of the lower switchback exceeds 12%. !n addition, the radius of the upper switchback is very tight for such a steep hill. This work will significantly improve this difficult and potentially dangerous section of the trail by lessening the upper and lower switchback grades to 8% and 12% respectively, widening the upper radius to improve sight distance for bikers and the golf carts that cross at this location, and repairing drainage problems that tend to deposit sand and gravel on the path. Impacts include disturbance to existing native vegetation, however, disturbed areas will be reseeded with native seed mixes and monitored for weed control. B. As noted in Part II C, the improvements to Section 12 require two approvals. This is discussed in Part III below. I11. Section 12 Improvements Background Section 12 of the Proposed Improvements (Attachment 3) includes grading, realignment, • and drainage work along approximately 800 linear feet of the trail in a low lying area west of the Vail Memorial Park. This section of trail is impacted by a wetland mitigation project constructed by the Eagle River Water and Sanitation District (ERWS). Traditionally, portions of this low lying area were flooded during only the highest spring flows. However, due to the installation of diversion culverts as part of the mitigation project, parts of the path are under water more than once per summer. In addition, ERWS is proposing to construct a boulder weir upstream of the mitigation area in order to divert more water for a longer duration into the area. Additional water will be beneficial to the riparian area, but will have greater impacts to the recreation path. Proposed Work The Department of Public Works proposes to raise the elevation of the path and install drainage structures to allow free flowing drainage throughout the site. In addition, realigning approximately 420 linear feet of path along the existing sewer easement will remove the path entirely from an area that is very difficult to drain, allowing the existing path alignment to be restored to its original riparian condition. F/oodpiain Modifications The work includes raising the elevation of the path approximately 24" for a distance of 75 linear feet. This requires the installation of short retaining walls and railings along each side of the path and a culvert beneath the path to allow free flow of the water inundating the area. Performing this work will spare seven (7) 6-18" healthy lodgepole pine trees. • Additional Floodplain Modifications include removal of the existing asphalt and base material (for the proposed realignment) and replacing with topsoil and wetland plant material. Grading to allow free flow of water is also required. Floodplain impacts are • discussed in the attached letter. Conditional Use -Realignment The realignment of 420 linear feet of path wi11 perform several functions: a. Eliminates the need to raise the elevation of the existing path out of the free flowing water area and the need to install three new culverts. b. Eliminates the major maintenance problem of rebuilding eroded path shoulders c. Protects the path from possible future inundation due to beaver activity in the area. Numerous dams have been constructed across Gore Creek and throughout the wetland mitigation area over the past several years. d. Allows for the restoration of over 5000 square feet of historical wetland. (This will also satisfy a current mitigation deficit that requires the Town of Vail to mitigate 500 square feet of wetland that was disturbed near Red Sandstone School as part of the Middle Creek to Red Sandstone Bike Path Construction.) e. Raising the grade of the existing path requires additional square footage, impacting existing riparian vegetation. (i.e. 12" up equals 24 to 36" out on each side) f. Realignment uses existing, previously disturbed sanitary sewer alignment g. Relocates approximate{y 230 feet of path out of the 100 year floodplain IV. Project Impacts The proposed work does not impact development objectives of the Town of Vail There is no impact to light, air, distribution of population, utilities, schools, parks or other public facilities. The work does improve an important transportation facility . and recreational facility by improving safety, reducing maintenance requirements, and improving the natural environment. • There is no effect upon automotive traffic however pedestrian traffic facilities are improved, There is no impact to control, access, maneuverability, or snow removal activities The proposed work coincides with the existing uses of the site. 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BOX '1062 AVON, COLORADO 81620 970-748-0274 ~,~ r a~ W°' o- w = ~~ N 0 ~a_o~6 ~~on~ OZ9L9Z9~a~x a~~p•d ~-~ ~NIt~33NiJN3 N1~2i`dW _.~.---" o ~ r r~i ~~ N r~ ~ ga ~~ of 4 Y S ~4 ~~, a~; ~~ ou' io ~m ~~ ~ ~< z~ in ~i r~ ~. ~8 oaaao~o~ '~-dr. ~~dn •3 ~~ d 3y119 N01i~f-S ~ d NDU,~{1?~1SN~J 1331'~S c~,'i1d13 ~~"r" ~m ~m ~~ ~a ~~ a~ a ~~ ~~ ~~ ~~ m ~~~~....jjjjK ~8~i ~~ ~~ r ~ ~ ~ ~ ~ ~ ~~ a a ~~~ ~ r $~ ~~ ~ ~a F A'r ~~x~~~~ ~, ~~ ~~ ~~~~ ... a 3LYU .~ rn Q W 3 C- {3.- ~~ ~ ~ ~~ ~ ~~ x :~ ~~ ~ ~-~ z ., ~. ~. W I~. ~~ ~~ ~ ~~ ~ ~~ ~ ~ ~ ~~ y~~~;~~ ~ ~ pp~ y ~ ~ Y f e J Attachment D • • • Section 3: Floodplain Modification. Proposed work will result in no grade change to the existing surface of the path. Work includes repairing sub-grade and replacing asphalt. Section 7: Floodplain Modification. Proposed work includes repairing sub-grade, raising the path 6", and replacing asphalt. No floodplain impacts. • • • Section 4: Conditional Use Permit for realignment (above and below): Proposed work will decrease steep grades, widen tight curves and sight distances, and improve drainage. ~w ~~,~» '"tom ";°'~4 u r. -4 a, ~' ` ~~; 4~~~.r. ~ :~ :•T• _. '' ~~5 $~«x~ ., b i Lf' ~'f m 6 .i .~ ' ~` ~ ~ ~ t ~5 4~. { t.? ~ ~ t + ` ~ 4r i i ~ `, r `~"~ ~~ ~" d ~. t .~ $ b r, ,,, . ~ t i '•t ~ -i t ' y..,,~ ~~~ ~.n ~'~' W~ 6. 7 ~t y, ~. yi ~ ~g'~"r N'om' '1~,`~!~' ~ to .~: a.. fi.., .. .+w~....-.-_'..-.----- nment and Ffoodplain Modification. prop etation. sanitary sewer alignment through previously disturbed veg Section 12: Cond'+tional Use for realig Q r«arian and wetland conditions. __....e~+ f~it~ws existing , _ _ . s w .~' R;~~ .~ ~;~, ~ --,~ ~'_ ~. ~ ath from 12 continued: Realignment wi'erR vex Water and Section a atterns for the Ea9 drainag P far natura 100 year floodplain, anu Sanitation District wetland • o ~ ,~. ;~ ~ ~' ~"•'~ "^ surrounding 9 ~~~"~"` to match nment will '~, ~ .' The realig ~'"~"~ alig~i~~e~~t shall be restiand species. shouidering due Existing ri avian, and uP auement and Section 12 cont~~-eS ncluding Wetland, P aintenanCe of P and vegetation tYP robiems Which reduces m _-_,.~-----~ ~ ~ i eliminate flooding P W,. ,~ ryr to erosion. L ' ~ - . • . ". ~~ Attachment E .e Y ~y `7 Mr. Gregg Barrie Town of Vail, Public Works 1309 Elkhorn Drive Vail, Colorado 81657 July 17, 2007 SUBiECT: 2007 KATSOS RANCH TRAIL IMPROVEMENTS Dear Gregg; Montane Environmental Solutions, Ltd. has completed locating and evaluating potential wetland concerns associated with the proposed improvements to the East Vail bike path from Big Horn Road to the Vail Municipal Golf Course. As you know, you identified areas where you believed there might be wetland areas or waterways near specific work areas. On July 13 and 15, 2007, Montane investigated the areas and sequentially flagged the wetland boundaries with "Wetland Delineation" pink flagging. Most of the wetland areas parallel the bike path and are associated with the alluvial aquifer of Gore Creek and augmented by groundwater from the surrounding steep slopes of East Vail. The wetlands are dominated by willow shrubs (Salix species) with a common understory of cow parsnip (Heracleum lanatum), twinberry (Distigea involucrata) and Canada reedgrass (Calamagrostis canadensis). Two wetland areas where culverts will be replaced are associated with tributaries to Gore Creek. They are also dominated by willow shrubs with a slightly wetter understory of chiming bells (Mertensia ciliata) and beaked sedge (Carex utriculata). REGULATORY REQURIEMENTS As you and I discussed, there will be no permanent filling of wetlands associated with the improvements to the bike path. In addition, adequate silt fence and construction fence will be installed and maintained during construction so that no temporary impacts or sediment runoff affects wetland areas. We discussed having a representative of the Town or Montane present when construction occurs near wetlands to ensure the above. The U.S. Army Corps of Engineers would not be involved in the activities described above because wetlands will not be affected. However, the two culverts within tributaries to Gore Creek that will be replaced or extended will involve temporary impacts and will fall under Corps jurisdiction and the 404 program. . P.O. Box 28l • SILVCRf I IORNL, COLORADO 80498 • ~'I IONL (970) 468-0450 • FAX (970) 262-2162 I Katsos Ranch Trail Improvemenu July 7, 2007 As we discussed and consulted with Mark Gilfilan from the Corps, the work to the culverts would fall under the Nationwide Permit grogram, either Nationwide Permit 3 -Maintenance or Number , 14 -Linear Transportation Projects. Regardless of which .permit, the repairs and replacement of the culverts and the associated temporary structures or fills required for the repairs are authorized these permits. In addition, with my understanding of the r_ulvert work, apre-construction by - _ notification will not be required. To reiterate my understanding: riprap will not be placed in the waterways; there will not be more than 1/10 acre lost; and no flanges will be placed in the , waterway, potentially affecting adjacent wetland vegetation. These: conditions otherwise trigger the pre-construction notification requirement. I have included copies of the permit summaries and their conditions. It is imperative that the ' Town ensure its contractors are.farniliar with the conditions. In addition, I strongly recommend a Town representative monitor the work daily, to affirm compliances with the permit conditions. I will follow this letter with a letter to the Corps describing the work,and its compliance with the ~ Nationwide permits. If you have any questions,' please contact me at 970.468-0450. - `Sincerely, ~ ~ w~ , Anna Higgins ~ • 1VIONTANE EN~JIRONl~IENTAL SOL~JTIONS, Lid. I __- -- I ~ ~ _ i 1 ~ /i ~ _ l ~ 1 ; -. I 1 _ I __ Attachment F ~; DIVE ~ PO I3oz f!212>.Glenwond tiprines. Colorado 81602. i~~r0} 4$"-95ii~! July 10, 2007 Mr. Tom Kassmel Town of Vail 75 S. Frontage Road, Vail, CO 81657 (970) 479-2235 RE: East Vail 2007 Bike Path Enhancements, Opinion of Fooodplain Impacts Dear Tom, Proposed Bike Path enhancements in East Vail include grading in the floodplain area. This letter is an opinion of how the proposed modifications may affect the floodplain and compliance with Town of Vail and Federal floodplain development guidelines. TOV: 12-21-10: DEVELOPMENT RESTRICTED: (E) The Administrator may require any applicant or person desiring to mod the flood plain by fill, . construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) ,~ 1: Ord. 12(1978) ~ 4) Effective Conditions The feasibility of modifying the Bike Path grade without increasing the Base Flood Elevations (BFEs) has been evaluated through 1-dimensional step backwater modeling. This analysis is based on a HEC-RAS floodplain model supplied by the Town of Vail. The established floodplain geometry is "Imported Geom Olmbjrevised" and the associated "100 Year Discharge" is the steady flow data. An electronic contour map titled "NewWorkmap.dwg", created Wednesday, March 11, 1998 4:19:42 PM and modified Thursday, June O5, 2003 1:35:12 PM was also provided by the Town of Vail. This map represents the locations of River Stations used in the hydraulic model. The map also represents the location of the bike path and has contours supported with some spot elevation marks.. The map is reported to be on the 1988 NAVD (TOV personal communications) and on the same elevation datum as the floodplain model. Bridge low chords listed in the map correlated within 0.06 feet of the low chords in the floodplain model, indicating no significant difference between elevation data. A point survey "_East Vail Path Survey Base Rev 06-07.dwg" modified "Friday, July 13, 2007 2:54:33 PM" was also obtained from TOV staff. This survey is the anticipated 1 of 5 r~n; IVER ~ / ,~raarrrr:rrnu.~wm~el ' ~'~ ! I'O 13oa 021l.;.Glenwood Sprines. Colorado 81(03. (9 %0} 94?-9565 basemap for the proposed project. The datum correlation of this survey with the floodplain model is not exactly known; however data appear to be very close. Data from the "survey" are included herein for reference only. The project datum and floodplain datum should be rectified prior to finalization of any floodplain modeling. Proposed Conditions Three locations have been reviewed for potential floodplain impacts; Section 3, Section 7 and Section 12, as identified by TOV staff. Section 3 Section 3 is between River Station 180 and 181.3, with no net grade change from River Station 180 to approximately 50 feet upstream of River Station 180.5. The bike path is near the left (south) toe of slope at this location. A 1.5 inch overlay is proposed from 50 feet upstream of River Station 180.5 to approximately 185 IPeet downstream of River Station 181.3. The Vail Golf Course Bridge is located adjacent to the middle of the' proposed improvements, represented by River Station 180.13. Overall the proposed modifications at Section 3 (based on the grading assumptions in • Table 1) are above the Base Flood Elevations and therefore, would not significantly influence flooding or the floodplain. However, River Stations 180.5 and 181 show that the Proposed bike path maybe below the Energy Grade (E.G.) Elevation. During a 100- year event, debris on the Bridge or a hydraulic jump downstream of the bridge may result in conditions where the bike path could be submerged. Table 1. Proposed Floodplain Conditions at Bike Path Section 3 (feet) River Q Model Prpsd E.G. Delta Sta Total BFE Surrey Grade Grade Elev BFE NOTE: 181.3 1840 8268.03 8271.47 8271.50 8271.50 826!9.76 0.00 Above the floodplain Slightly above BFE, potential submergence, no significant 181 1840 8265.34 8266.12 8265.50 8265.62 8266.21 0.00 influence 180.9 1840 8264.80 8265.80 8266.49 8266.62 826;5.87 0.00 Above the floodplain 180.8 Bridge Low Chord 8266.66 feet 180.7 1840 8263.60 8265.71 8266.49 8266.62 826;5.57 0.00 Above the floodplain Slightly above BFE, potential submergence, no significant 180.5 1840 8263.17 8262.44 8264.00 8264.00 8264.06 0.00 influence 180 1840 8260.67 8263.00 8262.00 8262.00 826'1.31 0.00 Above the floodplain A sensitivity analyses was performed to evaluate a 12 feet vide by 1.5 inch increase in grade throughout Section 3 left floodplain below the elevation of the Base Flood Elevation. This analysis resulted in drops of 0.03 feet of base flood elevation, indicating that some influence on the floodplain maybe incited if bike path grades are modified below the elevation of the BFE in Table 1. The impacts m<iy be minor; however, 2of5 '~ ~~; IVE R ~':~i:l\HLI:Y11U/dR~/il~ ~'~~ I'O liox 0?12>.Glemeood Sprints. Colorado ~LFO:'. (9701'14",'-956 additional analyses would be recommended if the bike path is modified at an elevation below the Base Flood Elevations in Section 3. RS 180.5 survey data indicated that the improvements may be below the elevation of the BFE. The Cross section was reviewed more indepth and it was found that the bike path alignment is likely left (south) of station 1036 in the cross section. Station 1036 has an effective elevation greater than 8263.5. Therefore, proposed modifications below the BFE at RS 180.5 will be absorbed by the conservative grade assumptions in the effective floodplain model. Section 7 Section 7 is between River Station 185 and 187, with a proposed 6 inch increase in grade from approximately 20 feet upstream of RS 185 to approximately 340 feet downstream of RS 187. The bike path is located on a floodplain bench between the river and the left (south) toe of slope at this Section 7. A Vail Golf Course Bridge is located adjacent to the middle of the proposed improvements, represented by River Station 185.8. There is no anticipated grading of the bike path bridge approaches. Overall the proposed modifications at Section 7 (based on the grading assumptions in • Table 2) are below the Base Flood Elevations; however, River Stations 185.5, 185.7, 185.8 and 186.0 are modeled with ineffective flow areas covering the overbanks. The area defined as ineffective will contain water but have no conveyance (the velocity is assumed to be zero). Therefore, grading modifications in areas submerged by ineffective flow will not have a modeled hydraulic influence on velocity or BFE. However, these ineffective flow areas are not considered permanent and therefore grading that extends above the ineffective flow elevation may have influence on the flood modeling. It should be verified that grading does not extend above the ineffective flow elevations listed in Table 2. River Station 186.5 experiences significant backwater influence from the downstream golf course bridge constriction. The overbanks at 186.5 are not modeled with ineffective flow; however the modeled cross section effective grade at 186.5 appears conservatively high with an approximate elevation greater than 8287.7 feet for the left overbank. The effective grade at River Station 186.0 is 8286.0 feet, which is 20 feet downstream of RS 186.5. Assuming the bike path will have a maximum grade of 5 percent at this location, the effective grade at RS 186.5 is estimated to be 8287.0 feet and therefore the maximum proposed grade elevation is assumed to be 8287.5 feet. Grade increases to elevations less that 8287.7 feet will not be resolved in the floodway model and therefore will not have an affect on BFE. If the bike path grades extend above 8287.7 feet near RS 186.5 further floodplain modeling should be performed. • 3of5 ~; IVER ~ ~re.a.rra[..rru~~w-~nd ' ~'~~ PO 13or 0212>.Glenw-oud Springy. Colurndo 81602. (470) 9$?-9568 Table 2. Proposed Floodplain Conditions at Bike Path Section 7' (feet) River Q Model Prpsd Delta Sta Total BFE Survey Grade Grade E.G. Elev BFE NOTE: Terrace above 187 1840 8290.32 8307.43 8306.00 8306.00 8291.20 0.00 floodplain Sig. backwater from 186.5 1840 8289.09 8286.42 8287.00 8287.50 8289.30 0.00 Bridge 186 1840 8287.70 8286.00 8286.00 8286.50 8288.99 0.00 ineffective flow to 8292 185.8 Bridge Low Chord 8288.96 feet 185.7 1840 8286.91 8285.85 8286.00 8286.50 8288.76 0.00 ineffective flow to 8292 185.5 1840 8286.01 8284.70 8284.70 8285.20 8286.41 ineffective flow to 8286 Elevated toe of slope 185 1840 8283.71 8283.94 8283.00 8283.00 8283.94 0.00 above BFE Elevated toe of slope 184 1840 8279.46 8281.64 8281.00 8281.00 8280.32 0.00 above BFE A sensitivity analyses was performed to evaluate a 12 feet wide by 6 inch increase in grade throughout Section 7 left floodplain below the elevation of the Base Flood Elevation. This analysis resulted in no change to the base flood elevation, indicating that the modeled ineffective flow on the floodplain will submerge any bike path grades that are modified below the elevation of the BFE in Table 1. Additional analyses would be recommended if the bike path is modified at an elevation above the Base Flood • Elevations in Section 7. Section 12 The bike path is located on a floodplain bench between the river and the left (south) toe of slope at this Section 12. Circle K Park Bridge is located adjacent to Section 12 modification. Section 12 is between River Station 192 and 195, with a proposed 24 inch increase in grade, 14 feet wide, from approximately 40 feet downstream of RS 193 to approximately 10 feet upstream of RS 193. A realignment of the Bike Path from approximately 50 feet downstream of RS 192 to approximately 180 feet upstream of RS 192. Also proposed from 50 feet downstream of RS 194 to the south abutment of the Bridge is removing and replacing asphalt, but the fmal grades will match existing grades. Overall the proposed modifications at Section 12 (based on the grading assumptions in Table 3) are below the Ineffective Flow Elevations. River Stations 192 through 195 are all modeled with ineffective flow areas covering the left (south) overbank. The area defined as ineffective will contain water but have no conveyance (the velocity is assumed to be zero). Therefore, grading modifications in areas submerged by ineffective flow will not have a modeled hydraulic influence on velocity or l3FE. However, these ineffective flow areas are not considered permanent and therefore grading that extends above the ineffective flow elevation may have influence on the flood modeling. It should be verified that grading does not extend above the ineffective flow elevations listed in Table 3. 4of5 ~ ~; IvE R ~~c.avrrr..:rn.~.w..c~d '~'~~ POlioxll:?IZ3.GIzmvc,udSprints.l'oluradoRlfO?.i9;rD}'i4:++-951iR Table 3. Proposed Floodplain Conditions at Bike Path Section 12 (feet) River Q Model Prpsd Delta Sta Total BFE Survey Grade Grade E.G. Elev BFE NOTE: Ineffective flow to 195 1670 8337.65 N/A N/A N/A 8338.55 0.00 8340.25 ft 1 t 8340ft 1 i fl 194.9 1670 8337.33 8337.85 8338.00 8338.00 8337.99 0.00 ow o Ineffect ve 8342.10 (center of Br. 194.8 Bridge Low Chord) 194.7 1670 8337.16 8337.79 8336.00 8336.00 I 8337.88 0.00 Ineffective flow to 8340ft 194.5 1670 8336.73 8336.28 8336.00 8336.00 8337.41 0.00 Ineffective flow to 8338ft ~ 194 1670 8335.73 8335.58 8335.10 8335.10 8336.60 0.00 Ineffective flow to 8340ft 193 1670 8328.83 8327.76 8328.00 8330.00 8329.47 0.00 Ineffective flow to 8332ft 192 1670 8322.28 8322.30 8322.00 8322.00 8323.12 0.00 . Ineffective flow to 8325ft Summary The floodplain model appears to have built in assumptions that are conservative for predicting flooding. These assumptions include the use of ineffective flow and effective model grades that are apparently higher than actual existing grades. It is my opinion that the proposed grades, if constructed as disclosed herein, would not be resolved by the effective floodplain model and therefore not change the Base Flood Elevations on Gore Creek. We are available to develop a proposed conditions HEC-RAS model for your records. It should be noted that the floodplain model (although conservative for flooding) does not appear to be precise and may not represent actual flooding conditions. This cursory analysis shows that the floodplain model may likely be adjusted with the proposed conditions to show no increase in BFE and no need for the CLOMR/LOMR process. However, under the condition that NFIl' insured structures exist in the floodplain adjacent to the proposed modifications, detailed analysis is recommended including development of an existing conditions model to base the affects of the proposed conditions upon. Please contact me with any questions or comments. Respectfully, RIVERRESTORATION.ORG, LLC. Jason Carey, P.E. • Principal SofS To: Scot Hunn, Planner Department of Community Development From: Tom Kassmel, P.E. Town of Vall Engineer /Floodplain Coordinator RE: Katsos Ranch Trail Improvements Project Date: July 16, 2007 Pursuant to Section 12-12-3 (A) and (C) of the Town of Vail Code, the Katsos Ranch Trail Improvements Project will not require an Environmental Impact Report (EIR) for the following reasons: 12-Y2-3: An environmental impact report shall not be required for the following projects: A. Alteration, repair and maintenance of existing structures and site improvements. The Katsos Ranch portion of the Gore Valley Trail was originally constructed in the mid • 1980's. The proposed work would be considered alteration, repair and maintenance work to the existing recreation path. C. A project which, on the basis of a preliminary em~iranmental assessment covering each of the factors prescribed in Section 12-12-2 of this Chapter is found to have an insignecant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the Administrator. Through a preliminary environmental assessment of the items in Section 12-12-2, the Administrator has found that this project will have insignificant Impact on items A, 13, D, E, M, N, and O. The remaining items, excepting Item C; are not applicable to this project. Item C, which relates to altering or removing native grasses, trees, shrubs, or other vegetative cover, is addressed as follows; The realignment of Section 4 impacts native vegetation, however only to a minimal extent. In addition, existing pavement will be removed and the area reseeded using a native seed mix. The amount of paved surface increases insignificantly. The realignment of Section 12 impacts a previously disturbed sanitary sewer easement, but replaces existing asphalt with a wetland restoration. In addition, after reviewing the hydraulic report for the alterations, it is my opinion that the construction of this project will not adversely affect adjacent properties or increase the quantity oi• velocity of floodwaters. Sincerely, ~ n~ 1-c..~„ ~~__ Tom Kassmel . Town of Vail Engineer /Floodplain Coordinator • IV. ENVIRONMENTAL IMPACT ANALYSIS In accordance with Chapter 12-21-10, Town of Vail Code, staff and the project consultant have completed an environmental impact analysis. The following criteria have been evaluated for impacts from this proposal: 1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts. A floodplain impact analysis has been prepared by Hydrosphere for any regrading work in the floodplain. The floodplain study (attached) concludes floodplain elevations along Gore Creek will not be adversely impacted by the proposal. 2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any potential changes or impacts. This proposal will not impact any atmospheric conditions in the area of Vail Village. 3. Geologic conditions, such as land forms, slope, soil characteristics, potential hazards, and any potential changes or impacts. This proposal is not located in any of the Town's identified geologically hazardous areas. Only minor grading will occur with several sections of short boulder walls. No significant • changes to existing landforms are proposed. 4. Biotic conditions, such as vegetative characteristics, wildlife habitats, and any potential changes or impacts. The vegetation along the path is a mixture of native riparian habitat, native facultative upland, and previously disturbed utility easements. The minor path realignments will impact some native vegetation, but mostly previously disturbed areas. However, any impacts will also result in the removal of asphalt from similar sized areas. These areas will be reseeded with native seed mixes and monitored for weed control. Therefore, the result of the realignments will be no net increase in paved area. In addition, a 420 linear foot section of path will be replanted as native riparian area. Because the use of the area does not change, there will be no impacts to wildlife habitats. 5. Other environmental conditions, such as noise levels and odor characteristics, and any potential changes or impacts. With the exception of construction activities, the proposed improvements to the recreation path system will have no impact on existing noise levels or odor characteristics. 6. Visual conditions, such as views and scenic values, and any potential changes, impacts, or marked contrasts. • The Katsos Ranch Open Space is Vail's largest open space parcel. The recreation path that runs through the property has little impact on the visual conditions. In contrast, the path creates opportunities for users to enjoy the surrounding mountain views and scenery. The proposed improvements to the path will only enhance those opportunities. 7. Land use conditions, such as characteristics uses, compatibility with officially • approved land use and open space policies and objectives, and potential changes or impacts. The Katsos Ranch Open Space has long been established as an area for recreational uses. Improvements to the path system will not alter the existing land use and are fully compatible with the Natural Area Preservation District zoning. 8. Circulation and transportation conditions, such as volumes and traffic flow patterns, transit service needs, alternative transit systems, and potential changes or impacts. Improvements to the path will improve existing pedestrian, bicycle, and other non motorized transportation routes. 9. Population characteristics, such as residential densities, neighborhood patterns, potential displacement of residents or businesses, .and potential changes or impacts. This proposal will not impact or displace any of the existing densities, residents or businesses within Vail. • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 13, 2007 SUBJECT: 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 SUMMARY • The applicant, Lionshead Inn LLC, represented by MaurieNo Planning Group LLC, has requesting a public hearing with the Town of Vail Planning and Environmental Commission to discuss the proposal for the redevelopment of the properties known as the Lionshead Inn and Lionshead Inn Annex, located at 701 and 705 West Lionshead Circle. The purpose of this work session is to discuss the general bulk, mass, and height of the proposed structure, the proposed methodology for complying with the employee housing provisions of the Commercial Linkage and Inclusionary Zoning Ordinances, and the proposal for complying with the "Live Bed" provisions of the Lionshead Redevelopment Master Plan. The Town of Vail Planning and Environmental Commission is being asked to listen to the presentation and provide any feedback that is appropriate at this time. Staff has not performed a formal review of the project at this time and makes no representations of compliance of the project with the prescribed review criteria. Staff will perform a thorough review of the project as it moves forward in the development review process. II. DESCRIPTION OF THE REQUEST The proposal to redevelop the sites known as the. Lionshead Inn and the Lionshead Inn Annex includes three levels of below grade parking and seven floors of residential, commercial, and common amenities above grade. The Fogata development proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: A major exterior alteration application for the structure containing dwelling units, time share units, lodge dwelling units, lock-offs, commercial/retail space, and amenities for the project; and A conditional use permit application for "lodge rooms or dwelling units" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include: • The inclusion of 51 dwelling units, 14 time share units, 12 lock-off units, and 12 lodge dwelling units. • The inclusion of 127,913 square feet of Gross Residential Floor Area (GRFA). • The provision of a front desk, lobby, lounge area, pool and hot tubs, business center, on site laundry services, and meeting/conference space. • The inclusion of two commercial/retail spaces measuring approximately 6,857 square feet. • The provision of 183 parking spaces in three below grade floors. This would be 73 in excess of the required 110 parking spaces. • The provision of a fully enclosed, three bay loading and delivery facility allowing for two delivery vehicles and a trash receptacle. • A request for a conditional use to allow for four dwelling units on the first floor of the project. • A request to include the excess parking spaces within a private parking club. • A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Application for a Major Exterior Alteration and Conditional Use permits in the Lionshead Mixed Use-1 Zone District to Allow for the Redevelopment of the Lionshead Inn Properties dated August 6, 2007 (Attachment B), and a reduced set of plans dated August 10, 2007, are attached for reference (Attachment C). II1. BACKGROUND • The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. • The Lionshead Inn and Lionshead Annex (Fabulous Vail Glo), and Enzian were initially developed as a single project in the late 1960's and early 1970's. They were later subdivided onto separate parcels resulting in the existing Enzian structure being located on a parcel which is enclosed by the lot the Lionshead Inn is located upon. • Since the initial construction there has been Tittle activity on the existing structures. There were several redevelopment proposal and approvals granted in the late 1980's and in the 1990's; however, none were followed through. • In April of 2006, the Town Council passed a moratorium on all new development within Lionshead until a policy for retaining a live bed base could be determined. In July of 2006, the Town Council passed Resolution No. 4, Series of 2006, which amended portions of the Lionshead Redevelopment Master Plan to include the provision for the 2 inclusion of "Live Beds" in all projects that included hotel rooms and other lodge style units in Lionshead. • In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for ~ the provision of employee housing units through several possible mitigation methods for all projects in the Lionshead Mixed-Use 1 district. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for . final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff.• The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town !~ Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals 3 c. Views from Existing Buildings Public input throughout the master planning process indicated that existing property owners in Lionshead are concerned that new development will block their private views to the mountain. By orienting new buildings on a north-south axis, the potential visual impact on existing buildings is reduced. d. Creation of Streets A strong view corridor in the Vail Village is Bridge Street. The orientation of the street toward the mountain provides a constant sense of direction and draws people to the destination at the top of the street. Likewise, the proposed north-south orientation of buildings in Lionshead will help to create streets oriented to the views, something that is almost completely lacking today. 4.6 Vehicular and Pedestrian Circulation 4.6.4 Visuallmprovements It is essential that improvements for betfer traffic flow be accompanied with aesthetic improvements in order to . break up the perceived width of the improved roadway and to give a stronger image to this north edge of Lionshead ' (see figure 6-5). Improvements could include landscaped medians and a consistent landscape treatment between the South Frontage Road and the eastbound lane of 1-70. Fragile understory plantings should be avoided in favor of street trees and hardy ground covers that can survive winter snowplowing activities. This corridor should also include new directional signage, described in section 4.10.1.1 4.6.4.1 East Intersection of W. Lionshead Circle and S. Frontage Road This intersection wi!! experience the greatest increase in traffic volume due to the projected increase in lodging units and the proposed north day lot transit center. Mitigation measures maybe required, as outlined in the traffic study (see appendix A). 4.6.4.21ntersection of Lionshead Place and West Lionshead Circle Due to the projected volume of lodging traffic that will be accessing Lionshead Place (Monfaneros, Antlers, Lionsquare Lodge, and the Vail Associates core site), it is recommended that this intersection be realigned so the primary through-traffic axis is north-south (see figure 4-10). 12 • West Lionshead Circle would form a T-intersection at the northeast corner of the Marriott. In addition to facilitating traffic flow, this realignment will create a much safer, logical pedestrian crossing from West Lionshead Circle into the Lionshead pedestrian core. 4.6.4.3 Pedestrian Sidewalks and Crossings A series of primary and secondary pedestrian walks should be created connecting the West Lionshead area with the Lionshead core, the frontage road, and the ski yard. These walks and crosswalks are idenfified on Map Q and Map T. 4.6.4.4 Visual Improvements As the road systems and adjacent lodging properties in west Lionshead are upgraded it is critical that a consistent visual character be developed through the design of new pedestrian walkways, landscaping, retaining walls, lighting, and site furnishings. For further information on these systems, see chapter six, Site Design Guidelines. 4.7 Loading and Delivery • 4.7.1 Properties with Direct Service Access As a general rule, properties that can provide for their own service and delivery needs should comply with the following guidelines: a. Loading and delivery facilities should be located deep enough into the property that the estimated peak volume of service vehicles does not back up into or block the access road or pedestrian areas. b. Service drives and loading docks must be screened with landscaping, fencing, retaining walls or other appropriafe design techniques. c. A!1 reasonable measures shall be taken to prevent noise and exhaust impacts on adjacent properties. d. In no case shall a property utilize the public roadway or pedestrian area to stage service and delivery vehicles. 4.8 Parking Parking is a critical component in amixed-use resort environment such as Lionshead, and any efforts fo enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. 13 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, lack-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 sha/! be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Chapter 4Recommendations-Overall Study Area Note: According to Chapter 4 of the Master Plan, "This section of the master plan addresses issues that affect Lionshead as a whole. These issues -and recommendations to address them -should be considered in all planning and policy decisions as Lionshead redevelops." 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consisfs of a variety of residenfia/ and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Monfaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. 1t has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues fo the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in fhe development review process than those which do not. 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock-off units), and dwelling units which are included in a voluntary rental management program and available for short term rental. 24 • 4.13.2 Location of Live Beds Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and 2 zone districts. All properties within Lionshead, when developing or redeveloping and providing new residential or lodging products, should provide live beds as defined herein. 4.13.3 Hotel-types of Services and Amenities To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation of additional live beds should include hotel-types of services and amenities. Such services and amenities may include, but not be limited to, the operation of a front desk, registrafion/reservation capabilities, recreational amenities, guest drop-off, on-site management, etc. These types of services and amenities in multiple family residential dwellings will increase the likelihood that the dwelling units will be made available for short term occupancy and help to promote improved occupancy rates. 4.13.4 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's • adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 5.15 Lionshead Inn, Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. 5.15.1 The Pedestrian Sfreef The existing structures are recessed from the street, elevated above it, and separated from it by sun`ace parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. 5.15.2 Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with • landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn secured a permit in the past which is now expired to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to 25 pursue the opportunity to screen the surface parking lot on the north and • regrade the lot to reduce the significant cross-slope. 5.15.3 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to fhe design guidelines. 5.15.4 Preservation of Existing Live Beds The Lionshead Inn and Lionshead Annex presently contain 85 accommodation units. Given fhe importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of "attached accommodation units', "lodge dwelling units'; "timeshare units', "fractional fee club units'; and dwelling units in a voluntary rental program, as defined in the Zoning , Regulations, could significantly increase the availability of short term • rental opportunities within the building. VI. ZONING ANALYSIS Address/Legal Description: 701 and 705, West Lionshead Circle/Lots 1 Vail Lionshead Filing 3 Parcel Size: 1.5688 acre (68,336.9 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Linshead Redevelopment Master Plan Development Standard Allowed Existinq Proposed Lot Area: 10,000 sq. ft. 68,336.9 sq. ft. 68,336.9 sq. ft. Setbacks All Sides: 10 ft. NA North - 30 ft. East- 10 ft. West- 10 ft. South- 10 ft. Building Height: 71 ft. avg. NA 69.5 ft. avg. 82.5 ft. max 82.5 ft. max Density: 54 DUs (35/ac.) NA 51 DUs Lodge Dwelling Unit (1/4 a dwelling unit) 12 Lodae Dwellina Units 54 DUs (34.4/ac.) • Unlimited Lock-offs 12 Lock-offs Unlimited Time Share 14 Time Share 26 C] Lodge Dwelling Unit (1/4 a dwelling unit) 12 Lodge Dwelling Units GRFA: 170,840 sq. ft. NA 127,913 sq. ft. Site Coverage: 47,835 sq. ft. NA 41,070 sq. ft. (70%) (60.1 %) Landscape Area: 13,667 sq. ft. (20%) NA 22,040.5 sq. ft. (32.3%) Parking: 71.4 (1.4/DU) NA 183 spaces* Loading 3 berths NA 3 berths * Of the parking spaces proposed, 110 spaces will serve Fogata and 73 wilt be placed in a private parking club. • VN. SURROUNDING LAND USES AND ZONING Land Use North: Residential South: Open Space East: Residential West: Public Utility VIII. CRITERIA Zoninq Lionshead Mixed Use 1 District Natural Area Preservation District Lionshead Mixed Use 1 District General Use District As this is a work session staff will not be addressing the criteria at this time. Staff will address each criterion in full at a future meeting. Maior Exterior Alteration Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 27 (the easternmost building) to break up what appears to be an unbroken ridge . line. Jeff Winston will be present at the work session to go into greater detail on these and other concerns related to the form of the proposed structure. Emglovee Housing Provision In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Lionshead Mixed-Use 1 district. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. In adopting these ordinances a methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. Further more there were provisions for meeting the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site • A proposed development or redevelopment may choose to propose any of the above options or combination of options. ,Within the two Ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. Staff has attached Ordinances No. 7 and No. 8, Series of 2007, for review by the Commission (Attachment E). The staff is currently reviewing the calculations prepared by the applicant to determine if the proposed employee mitigation requirement is correct. At a future hearing staff will inform the Commission as to what the requirement is that will be assessed. At this work session the applicant and staff are seeking feedback on the proposal by the applicant to provide the entirety of the employee mitigation requirement by choosing the payment of fees-in-lieu. As the Commission has the authority to decide on the appropriateness of the differing mitigation methods, the applicant, prior to advancing further on the design and addressing comments, would like to determine if the proposal is acceptable to the Commission. "Live Bed" Requirements In April of 2006, the Town Council passed a moratorium on all new development within Lionshead until a policy for retaining a live bed base could be determined. In July of 2006, the Town Council passed Resolution No. 4, Series of 2006, which amended portions of the Lionshead Redevelopment Master Plan to include the provision for the inclusion of "Live Beds" in all projects that included hotel 30 rooms and other lodge style units in Lionshead. Resolution No. 4, Series of 2006, adopted several amendments to the Lionshead Redevelopment Master Plan regarding the maintenance, preservation, and enhancement of the live bed base in order to maintain the economic viability of Lionshead. Within Resolution No. 4, Series of 2006, a definition for "Live Beds" was established as well as an explanation of "Hotel-types of Services and Amenities" as follows: 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals,. or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i. e., lock-off units), and dwelling units which are included in a voluntary rental management program and available for short Perm rental. 4.13.3 Hotel-types of Services and Amenities To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation of additional live beds should include hotel-types of services and amenities. Such services and amenities may include, but not be limited to, the operation of a front desk, registration/reservation capabilities, • recreational amenities, guest drop-off, on-site management, etc. These types of services and amenities in multiple family residential dwellings will increase the likelihood that the dwelling units will be made available for short term occupancy and help to promote improved occupancy rates. Resolution No. 4, Series of 2006, established Section 4.13.4, Review of New Development and Redevelopment Projects, to guide the Commission in reviewing projects for compliance with the "live bed" requirements of the Master Plan. Section 4.13.4 is as follows: 4.13.4 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. • In regards to the redevelopment of the Lionshead Inn and Lionshead lnn Annex, Resolution No. 4, Series of 2006, established the following: 5.15.4 Preservation of Existing Live Beds 31 The Lionshead Inn and Lionshead Annex presently contain 85 • accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of "attached accommodation units'; "lodge dwelling units'; "timeshare units'; "fractional fee club units'; and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. The existing Lionshead Inn and Lionshead Inn Annex contain one (1 } dwelling unit and 85 accommodation units measuring 28,863 square feet. In reviewing the proposed Fogata project staff has identified that the proposal includes a combination of 51 dwelling units, 14 time share units, 12 lock-off units, and 12 lodge dwelling units. These unit types combined equal 89 units measuring 127,913 square feet of GRFA. All of these proposed unit types are included within the definition of a "live bed". The proposed project will include the ability of owners to place there units into a • voluntary rental management program. To encourage owners within the Fogata project to enter the rental program there are provisions for a front desk with registration/reservation capabilities, lobby, lounge area, pool and hat tubs, business center, on site laundry services, and meeting/conference space. Furthermore, there are provisions for two commercial/retail spaces measuring approximately 6,857 square feet with the project that are proposed to be restaurants. The applicant is requesting feedback on whether or not the Commission believes the Fogata proposal for maintenance, preservation, and enhancement of "live beds" is in compliance with the Lonshead Redevelopment Master Plan. Section V of this memorandum contains, in full, the portions of Resolution No. 4, Series of 2007, which pertain to the redevelopment of the Lionshead Inn and Lionshead Inn Annex. X. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission table this application to the August 27, 2007, public hearing. 32 XI. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Aoolication for a Maior Exterior Alteration and Conditional Use permits in the Lionshead Mixed Use-1 Zone District to Allow for the Redevelopment of the Lionshead Inn Properties Dated August 6, 2007 C. Copy of proposed plans dated August 10, 2007 D. Letter from Jeff Winston dated July 19, 2007 E. Ordinances No. 7 and No. 8, Series of 2007 F. Public Notice • • 33 ~~4 ~~ ~ ~ ~ ~ ~j e ~~ M : U a © N ~ :; N.. ...., P J' ~, j) y~y~ ~. . 1'. ~'.. .i dye {~/ V/ N^~ I L r~ t1 J ~~ j ~ H f I L to C ~ l i ~ ~ ~ ~i ~ ~ ~ , a J ~ N ~ ~r. Yx ~ ~ Q _ ~ ~ ~ ~ ~. ~. ~ L ~ ~ a ,,~ , ,; ~. +~ U ~ ~~ i N '~ ~ ' ~; .~ _ t CC C ~ ~'rd ~ R ~ W O ~ ~ .~z; ~ .. \ ; uy ~,4 y r w a ~` L ~ ' ] ~ \ ~, ~ ti ~~; o J , ; 5~ ~ ~ , ~ ,~ .ii T ~ +~ J `5 9i l k1N~ r ! ^Y `P rI ~ \ !`Y I ` I~` ~ ~~2 o ~L ~,, y d ~Y Y y ,i,~ `1~ ~ b~ 411! 1. 4 rl ' ~. Ets ~ i~ ~ ~ ~ ` ` t(; ~ c ~ . ~~ .~ ,~ ~ Y~ ' { ~ ~. .~ •..y ~, i 4 `t ^~' ~t', ~, _ III ~, :4. p ` t. ~ r f ~ ent A . Attachm ~ r" ~ ~~ B~ 3 ~~ $ ~~, ~ ~ ~ ~ ttc ~ t yR i o ; ~ ei~; L6 tea y. . ~ ~ ~n ~, ~ 0 3 1111 l~ ~ z E ;E ~ >'' 0 3 6~ ~~~ - Y ~ ~ ~ c ~~~. . ~ y L F,- ' -_ ~ ' ~ ,~ ' ~~] +Ai." ? t ~ ~ \ ~ ~.~~ ~ 1 ~ ~' . ~ ti ~ .~ ~ . ~y } "~ /; 1NS +~' .~ r~ Application for a Major Exterior Alteration and Conditional Use Permits in the Lionshead Mixed Use-1 Zone District to Allow for the Redevelopment of the Lionshead Inn Properties Submitted May 14, 2007 REVISED AUGUST 6, 2007 C7 Attachment B Report prepared by: Msuriello Rlanning Croup Dominic F. Mauriello, AICP PO Box ! 12 7 560 I A Wildridge Road Avon, Colorado 81 620 Allison C. Ochs, AICP PO Box 1127 560 I A Wildridge Road Avon, Colorado 81620 970.748.0920 phone 970.748.0377 fax 970.376.33 18 cell 970.748.0920 phone 970.748.0377 fax 970.390.8530 cell C~ • • U n U Table of Contents Consultant Directory ........................... . ...................... 4 li. Introduction ...............................................................5 III . Existing Conditions ...................................................... 6 IV. Zoning Analysis ......................................................... I 0 V. .Criteria for Review ..................................................... I VI. Conditional Use Permit -Review Criteria ........................ 19 VIl . Ad~acents ................................................................ 22 Fogata Lodge Submittal • May 14, 2007 -REVISED August 6, 2007 3 t. Consultant Directory Rocky Cortina, Protect Director Lionshead Inn LLC 705 W. Lionshead Circle Vail, CO 8 1657 Axel Russell The Wells Partnership, Inc. 795 I E. Maplewood Avenue, Suite 200 Greenwood Village, Colorado 80 I I I 303.892.6662 phone 303.770.6830 fax OZ ARCHITECTURE 1820 Folsom Street Boulder, Colorado 80302 P: 303.449.8900 F: 303.449.3886 whentschei @ ozarch . com Roger Q. Burkart DHM 1390 Lawrence Street ,Suite i 00 Denver, CO 80204 (303) 892-5566 x324, rburkart@dhmdesign.com Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 Jo Ann Higgins, AICP Fox Higgins Transportation Group, LLC P.O. Box 19768 Boulder, CO 80308-2768 Office: 303.485.0 I i 4 FAX: 303.772.2329 higgms@foxh~ggins.com Kent Kriehn Alpine Engineering, Inc. Unit A9, Edwards Business Center Edwards, CO 81632 phone 970-926-3373 fax 970-926-3390 Maurielio Planning Group PO Box I i 27 560 I A Wildridge Road Avon, Colorado 8 1620 970.748.0920 phone 970.748.0377 fax allison@mpgvail.com 4 • • II. Introduction Fogata Lodge is part of the billion dollar renewal that is sweeping The Town of Vail. Fogata, meaning bonfire in Sparnsh, is designed to be the guiding light for the entry to Llonshead Village and as a gateway to the mountain and Town of Vail. These luxury residences are designed to be clean, contemporary and provocative spaces with expansive natural day lighting and vaulted ceilings. Contemporary materials such as copper, stucco, and natural cedar will impart European styling, however, stay in line with the forty years of Vaii traditions. A mixture of spacious 2-bedroom and penthouse units will capture the market niche that is absent in Vail making Fogata one of the most coveted new addresses at this world class year-round resort. This application for the redevelopment of the Llonshead !nn properties into the Fogata Lodge is submitted as a Mayor Exterior Alteration in the Llonshead Mixed Use - I zone district. We are proposing to meet alt of the requirements and standards as outlined in the LMU- I zone district, along with compliance with the Llonshead Redevelopment Master Plan. In addition to the Mayor Exterior Alteration application, we are submitting an application for Conditional Use Permits to allow for multiple family residential units on the first floor and for a private parking structure. The project includes the following: • 5 I dwelling units with ! 2 lock- offs, f 2 lodge dwelling units and 14 time share units, with a total of 89 live beds in the form of multiple family dwelling units, fractional units and lock-off units, all in a short term rental pool • A front desk, lobby, lounge area and other hotel-type amenities • Approximately 130,000 sq. ft. of GRFA • 6,995 sq. ft. of restaurant • 99 structured parking spaces to serve the uses on the site • 84 structured parking spaces ,n excess of requirements Proposed partial elevation Fogata Lodge submittal . May 14, 2007 -REVISED August 6, 2007 5 • Appl,cat~ons reau,red to faal,tate the redevelopment of the L,onshead Inn propert,es: • Mayor Exter,or Alteration • Cond,t,onal Use Permits o Pr,vate park,ng structure o Mult,pie-fam,ly res,dential dweil,ng un,ts (on the first level) On May 2, 2007, the development team held an open house at the L,onshead Inn to ,ntroduce the project to neighbors and to other members of the publ,c. Over 12 neighbors and concerned c,tlzens attended and provided the development team w,th comments. -_ __ _- ... .-- J 14 ~. ,. . MM --,,, `.. -_ MOfSiI~wMICiIOtN ~ ~ II ~ C L tI~}'''~ ~ _ I ~ ...Y ...7 ' j- L ~ L ~~~ u~owsaoac ..- - ~ ' J a i ~ J -.. 1 F-~ ` ,iiMi 6:'~"~Ir'"""" narvrorowaNaac KLLOA~iY7~I1Mi0~x T ~ `I j; 6 i (q pNmMY q/q~wM~tlWr4Nl~0t r i ~~ f„~ -""•~:••~ i+ Li ~ t ,,. g71R~IilCAYIYUYdp/rlMh~ ,. . p~AM1M~iM ..,..... ~ ., .._ I__._..._..,.,:-~ ._:.. I ~ ~ + u.r~ ~.. g7~~gIVMNMtqMtY~i0EM1 i.. , .~ ~~ .. , R C . "~i it MW .. /e ~"`^-.. w~~ _.- wVSaw~owm~r~saruewr,rn. I r --r R~aaowamrwsmn 4 1 7 tv ATdY40{N.. ~ . ~ . Y/Wt~flff'1MCN~'4 a ~IIVA KOClMFDIRAIL [ ~~~ •ORMrJMO .. .",. IWUi M7 ..<..... QY ~ •41fLiMIM~MJM r - NONEI~iAfMMl54 ""' - ~rMwos ~}~~~`'~ ~ ~MTwIVMTMA~ WNMY{WAY ~`° ,~~ ~ NfMTgPRCIt .... ~~~~~ - . . e~N ~s ~~ Proposed s,te plan Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 6 • n U • III. Existing Conditions The Llonshead Inn properties were originally developed as The Enzlan Lodge, later to become the L'Ostello (now the Llonshead Inn), the Enzlan Condominiums, and the Vall Glo Lodge (now the Llonshead Inn Annex), which was or+ginally a Best Western. They were developed on a portion of Lot I , Block 2, Vail/Llonshead Third Filing, and were subsequently subdivided. The Enzlan Condominiums are surrounded by property which Is owned by the Llonshead Inn. Vail/Llonshead, Filing 3 was recorded In 197 f . This plat created Lot i , Block 2, Vail Llonshead Third FIIIng, upon which Vail Spa and the Llonshead Inn properties sit. ,~ The Enzlan at Vail Condominium Map was recorded In 1974. The plat Indicates that both the Enzlan Condominiums and the Enzlan Lodge (which later became the Llonshead Inn) are located on a Part of Lot I , Block 2, Vail Llonshead Filing 3. The Enzlan ,' . Condominiums are surrounded by property owned by Llonshead Inn. The drive to the east and south of the ' Enzlan Condominiums is an access easement across ~~ Llonshead Inn property. The existing uses on the site are as follows: E~,stln Duv~ll_mg ~ GftFA ~ w ~v;~;~g sF ~ y..ti Llonshead Inn O 18,451 sq. ft. Llonshead Inn Annex ~ I 10,412 sq. ft. TOTAL ~ t 28,863 sc~. ft. pcc~mmodat~aq ,~`~ f~taurant, _: `. .. Uniir~ -~~- ~ ~ , ~" - 52 2,560 sq. ft. I 33 O 85 2,560 sq. ft. Fogata Lodge Submittal . May 14, 2007 -REVISED August 6, 2007 7 • While not all of the information is available on the existing sites, according to our research, the development statistics for the site are as follows: It'.,°_ laonshead'irir Annex::` ~ Setbacks Height-max 1leight-average Density' (dwelling units) GRFA {sq. ft.) Site Coverage (sg. ft.) Landscape Area (sq. ft.) sq, ft. 40,359 ~.~ ~i~tin :~ ~~ I O f.t 80 ft. NA acres sq. ft. 0.9265 27,967 :Bratt~E" ~~.~7(i5ti}~ I O ft. 40 ft. 82.5 ft. 48 ft. 71 ft. NA O 32.47 18,45 I 100,898 7,968 28,251 10,412 I unavailable 3,406 ~ 8,072 ~ unavailable ~ m LtiMU-! accommodation urots do not count as density. Throughout the years, little has been done to redevelop the properties. Beginning In the late 1980s, various applications were submitted for the redevelopment of the current Lionshead Inn building. In 1989, the Town Council approved a redevelopment which included adding an additional story to the building, along with removing the berm and undergrounding all the parking. This rer~uired a height variance, based on the more restrictive Commercial Core 2 zone district. Also, as a part of this proposal, a deed restriction for a Type 3 employee housing unit was recorded. However, this redevelopment was never completed. In 1993, the owners of the Lionshead Inn attempted a similar redevelopment proposal. Again, the redevelopment was not completed. acres 0.6423 F~eri~lal I 0 ft. 82.5 ft. 7 ! ft. 22.48 69,9 18 19,577 5,593 T ~ sq. ft. acres 68,326 I .5688 1=xi5tinq - f - Potential 10 f.t I f O ft. 80 ft. ~ 82.5 ft. NA 7 I ft. I 54.9 28,863 170,8 16 unavailable 47,828 unavailable 13,665 In April of 2006, the Town of Vail passed a moratorium on all new development within the Lionshead area. The ordinance prohibited the filing of any development application that would cause a reduction in the existing number of hotel rooms, employee housing units or parking spaces within the Lionshead zone district. In July of 2006, Resolution Fogata Lodge Submittal May 14, 2007 - KEVISED August 6, 2007 8 • • Previous redevelopment project which was approved but never constructed. No. 4 was approved, amending the Llonshead Redevelopment Master Plan with regards to the preservation of "live beds", including specific language for the Llonshead Inn properties. Following the approval of the amendments to the Llonshead Redevelopment Master. Plan, the Town enacted an emergency ordinance, regulring that any applications for development in the Town of Vail would be subject to future regulations with regards to employee housing. Ordinances No. 7 and No. 8 were passed in February of 2007, providing regulations for commercial linkage and incluslonary zoning. Following nearly a year of amendments to regulatlons which directly affected the ability of the Llonshead Inn properties to redevelop, the applicant is able to submit a redevelopment application. • Fogata Lodge submittal • May 14, 2007 -REVISED August 6, 2007 9 IV. Zoning Analysis Lionshead Mixed Use- I Zone District: A11ow _ .' u~red Setbacks I O ft. Height-max 82.5 ft. Height-average 71 ft. Density' (dwelling units) 54 ft. GRFA ! 70,8 15 sq,, ft. Site Coverage 47,828 sq, ft. Landscape Area 13,665 sq. ft. Loading 2 berth Parking Analysis: Lot Size: I .5688 acres Proposed I O ft./30 ft. on n. property line 82.5 ft. 71 ft. 54 ft. 127,91 3 sq. ft. 4 I ,070 sq,. ft. 14,663 sq. ft. 2 berth i ~ :w 9 :, ~ i~ ~r r 1CCG~UICGQ iJsc~ +~ x ; € '~Ui7i~+~ ~ ~ 'T t~ ~q ~afculat~on <. ar Parking, ~ Dwelling Units 5 1 I .4 per unit 71 .4 Time Share Urnts 14 .7 per urnt 9.8 Lock-off 12 only if more than (lock-off O Lodge Dwelling Unit 12 I .4 per unit 16.8 I space per 250 sc~. ft. of seating floor Restaurant 2,937 sc~. ft. area 1 1 . 1 9 Totai Required Parking: 109. 19 Private Parking Structure: 73.8 Total Parking Provided: 183 Fo9ata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 10 • • V. Criteria for Review The Lionshead Mixed Use- I Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a description of the "compliance burden". In addition, we are requesting conditional use permits so the criteria for review of a conditional use permit has been provided for the following uses: • Multiple family dwelling units on the first floor (4 units and 3,628 sq. ft. of G RFA) • Private parking structure to allow for private parking in excess of the requirements (73 spaces beyond the parking requirements) 12-7H-8: COMPLIANCE BURDEN: It shall be the burden o{ the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new deve%pment rs rn compliance with the purposes of the Vonshead mixed use / district, that the proposal rs consistent with applicable a%ments of the Vonshead redeye%pment master p/an and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other app/icablc a%ments of the I/ai/ comprehensi~c plan. A. Purpose of the LMU-1 Zone District The Lionshead Mixed Use I zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. The zone district rezoned all Lionshead properties from Commercial Core 2 to LMU- I . !t intended to create incentives for properties to redevelop. The purpose of the LMU- I zone district is as follows: The Lionshead mixed use 1 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, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 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. Fogata Lodge submittal May 14, 2007 - REVfsED August 6, 2007 • 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. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Our Anaivs+s: When the L+onshead Master Plann+ng process was undertaken, there was clear recogn+t+on that L+onshead lacked the v+tallty of Va+l V+Ilage. The structures were dated, the pedestr+an mall d+d not funct+on, and older lodging propert+es were suffering from low occupancy rates as a result of substandard conditions. As the purpose statement indicates, the Town recogn+zed these issues and created a zone district to incent+v+ze the redevelopment of Lionshead. Many properties in Lionshead have since redeveloped: the Antlers; the Arrabelle; the Marriott; the Ritz-Carlton Residences; the Landmark -all successful examples of redevelopment as a result of the Lionshead Master Plann+ng process. "~,~ " ,~ The Lionshead inn and Lionshead Inn Annex were constructed In the 1970s. At the t+me, both hotels were considered luxurious. 1lowever, s+nce Fogata lodge Submittal May 14, 2007 -REVISED August 6, 2007 12 • • • then, times have changed dramatically, and the standards that Val! visitors expect their hotels to meet, have also changed dramatically. The existing facilities are not up to visitor expectations, which have resulted in low returning customer rates. Both facilities suffer from low occupancy rates. The incentives offered by the Lionshead Mixed Use- I zone district allow the Lionshead Inn properties the opporturnty to redevelop into a project more fitting the needs of Lionshead and visitors to Vail. The existing buildings on the site will be demolished, allowing for a completely new structure meeting all aspects of the zoning regulations. Fogata Lodge meets the purposes of the Lionshead Mixed Use- I zone district along with all of the development standards prescribed by that zone district. B. Lionshead Redevelopment Master Plan Compliance Our Analysis The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 15, ! 998. !t is a guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public ,mprovements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design guidelines, and then provides specific development standards that are implemented through the Lionshead Mixed Use- I zone district. Below is the language from the LRMP that is applicable to the vehicular and pedestrian circulation surrounding the Lionshead Inn properties: Modifications to West Lionshead Circle and Lionshead Place West Lionshead Circle and Lionshead Place currently handle the heaviest load of lodging access and delivery traffic in Lionshead and will likely continue to do so. The recommended improvements to these roads are both aesthetic and functional, working to provide for safe and efficient vehicular traffic while also insuring a safe pedestrian environment visually consistent with the overall goals of the master plan. East Intersection of W. Lionshead Circle and S. Frontage Road This intersection will experience the greatest increase in traffic volume due to the projected increase in lodging units and the proposed north day lot transit center. Mitigation measures may be required, as outlined in the traffic study. Intersection of Lionshead Place and West Lionshead Circle Due to the projected volume of lodging traffic that will be accessing Lionshead Place (Monteneros, Antlers, Lionsquare Lodge, and the Vail Associates core site), it is Fogata Lodge submittal • May 14, 2007 -REVISED August 6, 2007 13 recommended that this intersection be realigned so the primary through-traffic axis is north- south (see figure 4-] 0). West Lionshead Circle would form a T-intersection at the northeast corner of the Marriott. In addition to facilitating traffic flow, this realignment will create a much safer, logical pedestrian crossing from West Lionshead Circle into the Lionshead pedestrian core. Pedestrian Sidewalks and ; ~;.~,~,'I '; Crossings ,~ `~~, (!, A series of primary and secondary pedestrian walks should be created connecting the West Lionshead area with the Lionshead core, the frontage road, and the ski yard. These walks and crosswalks are identified on Map Q and Map T. Visual Improvements - --~ ~~ 'I v1 ~~i ~,l,.r ~, ;,.,%'.i~r ~.~' ,~~~ MAI' ,: . ~ .: uinsTCR rc.ax i+wu~rtwoxx ~ , ..-~- Panes'rxinn war.res .. ~ r ., nwArx re~vs[xiaN wA~x NF[YNfM4Y VPPE4i'giAN WALK rP OPSIR~AN PAIN As the road systems and adjacent lodging properties in west Lionshead are upgraded it is critical that a consistent visual character be developed through the design of new pedestrian walkways, landscaping, retaining walls, lighting, and site furnishings. For further information on these systems, see chapter six, Site Design Guidelines. Chaster 5: Detailed Plan Recommendations Chapter 5 of the LRMP provides detailed plan recommendations for every area of Lionshead. This section provides the language from the LRMP regarding the detailed plan recommendation for the Lionshead Inn properties, and includes the July 2006 amendment found in Resolution No. 4, requiring "no net loss of live beds" on the Lionshead Inn properties. 5.15 Lionshead Inn, Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. The Lionshead Redevelopment Master Plan clearly encourages the redevelopment of this site, due to the aging structures and dated hotel rooms. The Pedestrian Street The existing structures are recessed from the street, elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. Fogata Lodge submittal May 14, 2007 -REVISED August 6, 2007 14 • • • ~ 1 U The entry has been oriented to min,mize vehicular penetrat,on Into the more pedestr,an,zed core, adjacent to the Marriott to enhance the pedestr,an experience. The first floor, along West Lionshead Circle, steps down to a one-story element and Includes commeraal uses to Improve the pedestr,an character of the frontage. The surface parking lots have been removed (except where reclu,red to mainta,n the access easement for the Enzlan) and a!I parking ,s located underground. The commeraal uses are at street level, creating a pedestrianized area along West L,onshead Circle. Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn secured a permit in the past which is now expired to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to pursue the opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross-slope. Parking is located underground and the garage entrance ,s accessed from the existing access easement that is being maintained for the Enzlan. Load and delivery, along with Fire Department access and staging will occur off the Frontage Road. ,_ ,_ , `-'"~ -. .e.L '~.. 1 Loading and Flre Access • -.,.._ ~-~, ~ . ~ 1 ~' ,p .. .. .. ~_"__ ~~! ( e (~ o a r ~ ;;~ Front door to lobby ~~ ~ a Parking garage entrance r' ~. ~ ~ ~ r ) , b ~ v1 ..~ ... EI .:. ~"` ~ ~: . r ': ~~ . _r `'~1 . l~fr~~+r'/j~, „ f,„ ~~ ,~'~ ti rrr r urrent access ,~;;,,,~~:,, ~ ,~~ easement maintained _ I~ _____________ Fogata Lodge Submittal • May 14, 2007 -REVISED August 6, 2007 15 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. As proposed, the proposal meets the height requirements of 71 ft. average and 82.5 ft. maximum. C. Character of the Neighborhood Our Analysis: The neighborhood of the Lionshead Inn properties is architecturally and aesthetically diverse. The property most adjacent to the Lionshead Inn is the Enzian Condominiums, which will be most impacted by the redevelopment proposal. As a result, the design team has made every effort to minimize impacts to the Enzian Condominiums, including respecting the existing access easement. No development is proposed adjacent to the Enzian, on the Lionshead Inn property to the south. The Enzian Condominiums have not been redeveloped at this point in time and therefore the architecture and character of the Enzian Condominiums is more of the old Lionshead aesthetic, and while the design of the Fogata Lodge respects the existing structure, it is designed based on the Design Guidelines of the Lionshead Redevelopment Master Plan. It is assumed, like most properties in Lionshead that have not yet been redeveloped, that at some point in the future, redevelopment will occur: The owners of the Enzian have been approached to partner in the redevelopment of the Lionshead Inn project, which would allow for more cohesive development of this area. Two development scenarios have been developed for the Fogata Lodge - one without the Enzian (Scenario # I) and one with the Enzian (Scenario #2). At this point in time, as the Enzian is a separate entity, this submittal is only for Scenario # I . Adjacent to the Lionshead Inn to the west is the Vall Spa. Unlike the Enzian Condominiums, the Vail Spa's architectural character is more modern, with a flat roof, interesting angles, and large panes of glass. Built In 1980, this site also has Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 16 • • development potential based on the Lronshead Mixed Use - I Zone district. However, without knowing the future plans for this building, the design of Fogata includes some more modern elements to allow for some consistency of character rn the neighborhood. The Marriott, to the south of the Lronshead Inn properties, went through a mayor redevelopment rn the late ! 990x. !n this case, the existing structure was maintained, but the building was renovated to be more In compliance with the Design Guidelines of the Lronshead Redevelopment Master Plan. Many of the old forms remained, but the materrals and colors were updated and upgraded. Fogata Lodge is proposing to use similar materrals and wr!! be of a character that compliments the Marriott. Other properties rn the vlc,nlty Include the North Day Lot, Concert Hall Plaza, and Montaneros. The design of Fogata will be complimentary to these properties, maintaining the character of Llonshead, while creating a project that rs remarkable on its own. D. Other Applicable Elements of the Vail Comprehensive Plan Our Analvsls: The Llonshead Redevelopment Master Plan has been covered rn depth rn previous sections of this submittal and rs incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. / . 3 The quality of development should be maintained and upgraded whenever possible. l . l 2 l/ail should accommodate most of the additional growth in existing deve%ped areas (nfill areas). 3. l The hotel bed base should be preserved and used more efficiently. Fogata Lodge submittal • May 14, 2007 - RPVISED August 6, 2007 I .7 4.2 increased density m the Core areas is acceptable so long as the existing character of each area is presertred through implementation of the Urban Design Guide Plan and the l/a~l I/illage Master Plan. Now over 30 years old, the Town of Vall Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. Fogata Lodge helps to further these goals as outlined in the Vall Land Use Plan. • Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 ~8 i VI. Conditional Use Permit -Review Criteria Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed conditional uses of a private parking structure, conference facilities and meeting rooms, and mult,ple family dwelling units on the first floor: A. Relationship and impact of the use on development objectives of the town. Our Analysis: Private Parking Structure - The proposal to establish a private parking club will address several of the goals and ob~ectlves established in the Lionshead Redevelopment Master Plan. Further, we believe the parking club could have a positive effect on the parking capacity issues the Town faces through out the year by providing an opportunity for individuals to lease or sell and therefore reducing the demands for parking on the Vail Village or Lionshead parking structures. Multiple Family Dwelling Units - • The location of the Multiple Family Dwelling Units is within the ,nter,or courtyard of the project. These units are intended to have a more urban aesthetic. Their front doors open onto the courtyard, and they are des,gned to have a Fogata Lodge submittal • May 14, 2007 -REVISED August 6, 2007 "brownstone" feel. Because they are Interior to the project, they are more • appropriate than commercial uses and do not otherwise conflict with the goal of retail uses In the pedestrian areas of town. It Is not viable square footage for restaurant or retail, and Is more appropriate as a residential use. The Lionshead Mixed Use - I zone district anticipated this situation, and Is why multiple family residential units are speafically listed as a conditional use in this zone district. B. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: Private Parking Structure - The private parking structure wi11 have a positive impact on the need for addltlonal parking. Parking spaces well be leased or sold and will be managed to promote maximizing the use of the facilities. however, unlike other projects like Solarls with movie theaters and a bowling alley, this building does not have uses that generate public use of the property, and therefore there will not be much traffic associated with the parking. Multiple Family Dwelling Units - These uses on the first floor well have no Impact on the above-referenced criteria. C. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Our Analysis: Private Parking Structure - The proposed parking structure wiN generate addltlonal vehicular traffic In the area. However, based upon the change in uses on the site, there well be a net reduction in vehicular traffic to and from the Sites. Parking Is being located underground and the pedestrian walkways In front of the project are being heated so there Is no need for traditional snow removal from the site. The parking areas and access ways are all being developed within the Town's standards to allow for sufficient flow and maneuverability. Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 20 • Multiple Family Dwelling Units - These uses on the first floor well have no Impact on the above-referenced criteria. D, Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analvsls: Private Parking Structure - The proposed parking club is located within a completely subterranean structure. The subterranean nature of the parking club has no negative impacts on neighboring uses. The proposal removes a substantial area of above-ground parking that exists today, and relocates It underground, having a positive Impact on the character of the neighborhood. Multiple Family Dwelling units - The dwelling units are located on the Interior courtyard on the first floor and will have no Impact on the character of the neighborhood. They are not located on a pedestrian corridor and therefore well not consume space that would be better • suited as commercial. Fogata Lodge submittal • May 14, 2007 -REVISED August 6, 2007 21 • VII. Adjacents TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81 657 VAIL CORP PO BOX 7 VAIL, CO 81658 LANDMARK CONDO ASSOCIATION GEOFFREY WRIGHT 6 I O W LIONSHEAD CR VAIL, CO 81 657 CONCERT HALL PLAZA CONDOMINIUM ASSOCIATION JENNIFER L LUFMAN 1700 Lincoln Street, Suite 2400, DENVER, CO 80203 MONTANEROS CONDOMINIUM ASSOCIATION, INC. KEITH ODZA 641 W LIONSHEAD CIR, VAIL, CO 81 657 THE MARK-LODGE CONDOMINIUM ASSOCIAT{ON, INC. Dave Pease 7 ! 5 West Llonshead Circle Vail, CO 81 657 DIAMONDROCK VAIL OWNER LLC C/O DIAMONDROCK HOSPITALITY CO 6903 ROCKLEDGE DR STE 800 BETHESDA, MD 2081 7 FINK, DAVID H. ~ AMY L. 2900 LAKEWOODS CT W BLOOMFIELD, MI 48323 VAIL VALLEY RENTALS LLC i 40 FAIRFAX ST DENVER, CO 80220 FILES, JEFF P. I O 19 KIMBALL DR DURHAM, NC 27705 DIAMONDROCK VAIL OWNER LLC C/O DIAMONDROCK HOSPITALITY CO 6903 ROCKLEDGE DR STE 800 BETHESDA, MD 20817 BOSELLI FAMILY PTNSHP 3 ! 95 LAFAYETTE DR BOULDER, CO 80303 VAIL VALLEY RENTALS LLC 140 FAI RFAX ST DENVER, CO 80220 ARTINIAN, RON 5 BR-STOL DR MANHASSET, NY 11030 KUSHNER, SANDRA R. ~ LOUIS C!O ROTHMAN GORDON FOREMAN ~ GROUDINE PC THIRD FLOOR GRANT BUILDING PITTSBURGH, PA 15219 HAVENS SEPARATE PROPERTY LIVING TRUST GARY J. HAVENS TRUSTEE 226 14TH ST SANTA MONICA, CA 90402 Fogata Lodge Submittal May 14, 2007 -REVISED August 6, 2007 22 • • • SCHNELL, PAUL ~ MADELEINE D. 225 CENTRAL PARK NEW YORK, NY 10024 INFINITY HOLDINGS AT VAIL LLC 7400 E CRESTLINE CIR i 25 GREENWOOD VILLAGE, CO 801 I I BILLOTTI, PATRICIA 18 POWDER HILL SADDLE RIVER, NJ 07458 ECCKER, JOHN F. ~ PATRICIA L. 7734 LAUREL LEAF DR POTOMAC, MD 20854 CAPLA, TOMAS J. ~ JUDITH J. 2500 JOHNSON AVE RIVERDALE, NY 10463 VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 8 1657 VAIL SPA CONDOMINIUM ASSOCIATION DANN PETER PO BOX 5480, AVON, CO 81 620 ENZIAN AT VAIL CONDOMINIUM ASSOCIATION GEOFFREY WRIGHT 61 O W LIONSHEAD CIR, VAIL, CO 8 1657 CDOT 420 I E. Arkansas Avenue Denver, CO 80222 Fogata Lodge Submittal • May 14, 2007 -REVISED August 6, 2007 23 WINSTON W ASSOCIATES Planning Community Design Landscape Architecture DESIGN REVIEW MEMORANDUM To: Warren Campbell, Town of Vail From: Jeff Winston Project: FOGATA, Lionshead Review date: 7/19/07 Drawings dated: 6/29/07 In reviewing this preliminary drawing set against the 1998 Lionshead Redevelopment Master Plan, we note the following: 1. Where are the Vail/alpine village references? While the guidelines state that LH is "not envisioned as a strict dictation of a specific "shale" or theme, ...", yet at the same time, "Tire nezu image for Lionsl>ead should move forward toward the future -using alpine references and Vail Village as antecedents."1 The objective is to allow individual expression but "maintaining an overall unifying character and image for the entire communihj."2 We do not see either the alpine or Vail Village references, nor do we see how the design elements of Fogata contribute to an overall image for Lionshead. Notwithstanding that there is no prescribed "style" or theme, the guideliens do tend to convey graphically a general sense of image that contains elements of "old world" villages (thick stucco walls, windows with shutters, arched portals, vertically oriented windows, taller ground floor heights, etc.) combined with alpine elements such as thick wood beams and columns, battered stone bases, wood balcony railings, dormer windows, etc. The test we posed to the applicant was that an average observer would look at any elevation and be able to say that it "looked like it was in Vail." More specifically, we pointed out that our interpretation of the guidelines would not allow: • shed roofs • flat roofs (except a very limited basis, when unobtrusive) • windows at building corners • windows with horizontal orientation, with storefront type mullions and inset trim • larger windows at the top than at the bottom (no hierarchy of window vs. wall ratios) • cantilevered building masses (see suggestion below) • metal panel balcony railings that appear to be manufactured • the use of zinc in a concrete block pattern • visibly sandwiching steel angle supports between wood cladding 4696 Broadway Boulder, CO 60304 Tel: 303-990-9200 Fax: 303-049-6971 winstonassocia tes.mm 1 Lionshead Redevelopment Master Plan, p. 8-1 2 Ibid. Attachment D • • 2. On the other hand, there appear to be a number of elements that DO respond to the guidelines, including: • a strong, irregular base to the building • a number of gable roofs • the use of fieldstone in a number of areas • incorporating stucco in the building • the use of Suggestions: 1. Simplify the number of exterior materials to allow the interest of the building form itself to be more visible. 2. In order to reduce the overall apparent size of the building-to bring it down in scale, we suggest differentiating the building into an impression of smaller, attached buildings. The building already seems to be broken into smaller masses. We are merely suggesting differentiating the materials and/ or colors, and even some of the detailing, from one mass to the other. 3. The guidelines strongly suggest stepping the mass of the building. While there is some horizontal stepping, the top of the building appears to be relatively constant. We suggest greater stepping of the building, especially at the south end as it tapers down to the Enzian and/or the street. 4. The pedestal base of of the building could be made more consistent along the length of the building (including varying the material from one building mass to the next, as suggested above). 5. All of the floors appear to be very nearly the same height (11' to 12'). One of • the characteristics of many alpine villages is that the ground floor is taller than the upper floors. We suggest increasing the height of the ground floox to 14', which would allow, over time conversion of the ground floor to commercial uses if and when justified. In the meantime, it will give a slightly more commercial character to the streetscape. 6. Expand the use of stucco -stucco is one of the most prevalent materials in Vail and Lionshead. Even if some aspects of the building have a more contemporary character, stucco will do much to tie in the building with the rest of the village. 7. Create a hierarchy of window-to-wall ratio, with the highest transparency at the base, smallest at the top. We recognize that there is a desire to capture views on the upper floors. At the same time, window-walls are un-Vail-like (unless divided into smaller window components and divided with mullions). Some of the top story window walls are set back slightly from the face of the building. We suggest a much deeper set back, with large roof overhangs, the intent being to make the windows largely not visible from most vantage points. 8. As an alternative to large, commercial-type windows and window walls, we recommend a bank of vertically oriented windows, separated by solid wall from another bank of windows. 9. As a substitute for some of the small cantilevered projections, the applicant might consider using "add-ons" that could give the appearance of enclosed porches added to the original structure. A similar approach was used on the new Ritz Carlton. 10. We suggest using arches in the openings of the masonry arcade along the ground floor. 4696 Broadway Boulder, CO 90304 Tel: 303-44b-9200 Design Review: Fogata, Lionshead Page 2 Fax: 303-049-6911 winstonassociates.com Z = T ~ 11. The landscaping along West Lionshead road leaves a small sidewalk along the roadway, separated from a parallel walkway inside the arcade. We wonder if this isn't a waste of precious space. Could at least some portions of • the arcade be opened up (columns rather than solid wall) to give more of a connection between the building and the sidewalk? If not, several other possibilities come to mind: a) remove the strip of landscape and make the walkway wider and more inviting to pedestrians, b) reverse the position of the landscape strip and the sidewalk, putting the sidewalk adjacent to the arcade, separated from the roadway by landscaping. 12. A question was raised as to how to treat the north side of the building, including the loading area, when the Frontage Road is planned to become a landscaped boulevard. Our suggestion was to place a nice, tall masonry wall {and decorative gate at the entry) behind the landscaping along the street. This will give the appearance of a courtyard from the street wall, and screen the loading dock with a decorative element. • 4696 Broadway Boulder, CO 90304 Tel: 303-440-9200 Design Review: Fogata, Lionshead Page 3 Fax: 303-04911911 ! „ T winstonassociates.com , ORDINANCE NO. 7 SERIES 2007 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 72-2-2, AND THE ADOPTION OF A NEW CHAPTER 23, ENTITLED COMMERCIAL LINKAGE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail has experienced a decrease in population during the past ten years due to market conditions that have given homeowners incentive to sell their properties; WHEREAS, during that period of time, housing costs in Vail have increased at a much higher rate than income has increased; WHEREAS, new commercial development and redevelopment in Vail will result in new employees being needed for uses in the new buildings and for the maintenance of the new buildings; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as • documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Em~nlovee Housing Mitigation Programs," prepared for the Town by RRC Associates, Inc., dated March 12, 2007, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations; WHEREAS, the Town Council believes that the provision of a reasonable and appropriate percentage of new employee housing is the responsibility of new commercial developments and redevelopments which have a nexus to new job generation; WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town through the conjunctive efforts of this ordinance and the Town's inclusionary zoning ordinance; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations which require mitigation of such impacts on employee housing in the Town of Vail. 1 sni2oo~ F:ICDEVIORD/NANCES10710RDINANCE Nc .L LINKAGE, SECOND READING 0403.DOC Attachment: E NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE • TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition of the following definitions: COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodation units, general retail, grocery, liquor and convenience, recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking establishments, service oriented businesses, or similar uses. COMMERCIAL LINKAGE: An obligation that requires developers to provide housing for a certain number of new employees that are generated by a new commercial development, focusing solely on a development's impact as related to employee generation and not taking into account secondary impacts. CONFERENCE FACILITY: A facility used for conferences, conventions, seminars, banquets, and entertainment functions, along with accessory functions such as lobbies, pre-convene areas, and exhibition space. DEED RESTRICTION: A permanent restriction on the use, • occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County Clerk and Recorder's office. DEVELOPMENT: The construction, improvement, alteration, installation, erection, or expansion of any building, structure or other improvement in the Town. DORMITORY UNIT: A type of employee housing unit which houses not more than five (5) persons and includes common kitchen facilities, a common bathroom, and a minimum of two hundred fifty (250) square feet of GRFA for each person occupying the unit. EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis at a business located in Eagle County. NEXUS STUDY: A report, prepared at the request of the Town Council, updated at least every five (5) years or more often if deemed necessary by the Town Council, analyzing the current and future employee housing needs resulting from new development and redevelopment in the Town. 2 sni2oo7 F:ICDEVIORDINANCESI0710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC • OFF-SITE: A location within the boundaries of the Town other than the site on which the commercial development is located. REAL ESTATE OFFICE: An office for the purpose of conducting real estate transactions and/or property management. REDEVELOPMENT: The construction, improvement, alteration, installation, erection, expansion or change in use of any existing building, structure or other improvement in the Town that results in an increase in net floor area or GRFA. SPA: A commercial establishment providing services including massage, body or facial treatments, make-up consultation and application, manicures, pedicures and similar services, but excluding beauty and barber shops. Section 2. Title 12 of the Vail Town Code is hereby amended by the addition of the following new Chapter 23, entitled Commercial Linkage: CHAPTER 23: COMMERCIAL LINKAGE 12-23-1: PURPOSE AND APPLICABILITY: • A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); . 8. Arterial Business (ABD); 3 a~7i2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 9. General Use (GU); • 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski BaselRecreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. • • 4 anizoo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC C 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates By Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE LJ • Type of Use Retail Store/Personal Service/Repair Shop Business Office and Professional Office (excluding Real Estate Office) Accommodation Unit/Limited Service Lodge Unit Real Estate Office Eating and Drinking Establishment Conference Facility Health Club Spa Employee Generation Rates 2.4 Employees per 1,000 feet of new net floor area 3.2 Employees per 1,000 feet of new net floor area 0.7 Employees per net new units 5.1 Employees per 1,000 feet of new net floor area 6.75 Employees per 1,000 feet of new net floor area 0.8 Employees per 1,000 feet of new net floor area 0.96 Employees per 1,000 feet of new net floor area 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. 5 8/7/2007 F.•ICDEVIDRD/NANCES10710RD/NANCE N0. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2, 500 square feet = 1, 000 square feet) x (6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS • Type of Unit Minimum Number of • Size (GRFA) Employees Housed Dormitory 250 1 Studio I 438 I 1.25 One-Bedroom 613 I 1.75 Two-Bedroom 788 ( 2.25 Three-Bedroom 1225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. 6 ani2oo7 F:ICDEVIORDlNANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC • . F. EHUs shall not be included in the Town's calculations for density control. G. Every EHU shall be allowed three hundred (300) square feet of additional garage area. Any EHU that does not have a garage shall include a minimum of an additional seventy five (75) square feet for storage in addition to normal closet space. 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: • 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. The mitigation of employee housing required by this Chapter shall be accomplished through one of the following methods: 1. On-site units. a. The requisite number of EHUs, or a portion thereof, may be constructed on-site, provided that all on-site EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide on- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigatian. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, 7 anizoo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC restrictions or issues exist that would limit the construction of EHUs, • at the sole discretion of the Town Council. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. The Planning and Environmental Commission may approve payment of a fee-in-lieu for each employee to be housed, or a portion thereof, required by this Chapter. a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town • Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off- site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would • limit the construction of EHUs. $ eni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC B. Partial fees-in-lieu shall be paid when the calculation to determine the number of employees generated under this Chapter results in a fractional number of employees. 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed or acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. • 12-23-8: ADMINISTRATION: A. Each application for development review shall include an employee housing plan or statement of exemption. B. An employee housing plan shall include the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 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, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 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; 9 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. C. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan is located within a Special Development District or includes a request to convey property, in which case the Town Council shall approve, approve with modifications, or deny the employee housing plan. D. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan. E. An approved employee housing plan shall become part of • the approved application for development review for the affected site. 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 10 sni2oo7 F.~ICDEVIORDINANCES10710RD1NANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate; 3. The employer; and 4. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: • A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the • requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council 11 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Tawn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. • Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 13th day of March, 2007 and a public hearing for second reading of this Ordinance set for the 3~d day of April, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3~d day of April, 2007. • 12 8!7/2007 F:ICDEVIORDINANCESt0710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC • Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk • 13 sni2oo7 F:ICDEVIORDINANCES1071ORDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC ORDINANCE NO. 8 • SERIES 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 24, ENTITLED INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail has experienced a decrease in population during the past ten years due to market conditions that have given homeowners incentive to sell their properties; WHEREAS, during that period of time, housing costs in the Town of Vail have increased at a much higher rate than income has increased; WHEREAS, local residents own only approximately thirty-two percent (32%) of all homes in the Town of Vail, and only twenty-two percent (22%) of those homes that were built in 2005; WHEREAS, it is estimated that forty-seven percent (47%) of households in the Town of Vail earned less than one hundred percent (100%) of the area median income ($67,200 for an average two-person family) in 2006; WHEREAS, there are virtually no homes in the Town's housing market that are potentially affordable to households eaming less than one hundred forty percent (140%) of the area median income ($89,600 for an average two-person family); WHEREAS, there is a scarce supply of developable land in the Town of Vail; WHEREAS, through the Vail 2020 Strategic Planning Process, the community has identified employee housing as one of the highest priority issues for the Town to address; WHEREAS, there is a substantial, direct, and rational connection between the need for employee housing generated by new residential development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Emalovee Housing Mitigation Programs," prepared for the Town by RRC Associates, Inc., dated March 12, 2007, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; eni2oo~ F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC • WHEREAS, new residential development and redevelopment in the Town will result in new employees being needed for uses in the new buildings and for the maintenance of the new buildings; WHEREAS, the Town Council believes that the provision of a reasonable and appropriate percentage of new employee housing is the responsibility of new residential developments and redevelopments which have a nexus to new job generation and an impact on housing units available to local employees; WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent (30%) of the new employees generated from residential and commercial development in the Town through the conjunctive efforts of this ordinance and the Town's commercial linkage ordinance; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations which require mitigation of such impacts on employee housing in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition of the following definitions: INCLUSIONARY ZONING: A zoning obligation based on the community's need for employee housing considering many factors and secondary impacts, including scarcity of developable land; rising home values; inadequate availability of employee housing in the market; and direct employee generation impacts. REMODELING: The alteration or renovation of the interior only of an existing residential dwelling unit in the Town of Vail, without any increase in GRFA. RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single-family dwellings, two-family dwellings, multiple family dwellings, fractional fee club units, lodge dwelling units, attached accommodation units, and timeshare units. Section 2. Title 12 of the Vail Town Code is hereby amended by the addition of the following new Chapter 24: CHAPTER 24: INCLUSIONARY ZONING 12-24-1: PURPOSE AND APPLICABILITY: • A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a 2 sni2oo7 F.•ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARY ZONING, SECOND READING 0403.DOC reasonable amount of employee housing to mitigate the impact on • employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. • 3 eni2oo7 F.•ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIUNARYZONING, SECOND READING 0403.DOC 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA, the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit ~ Minimum Size (GRFA) • Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 Three-Bedroom 1225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. F. EHUs shall not be included in the Town's calculations for density control. • G. Every EHU shall be allowed three hundred (300) square feet of additional garage area. Any EHU that does not have a garage shall 4 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC include a minimum of an additional seventy five (75) square feet for • storage in addition to normal closet space. 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: The mitigation of employee housing required by this Chapter may • be accomplished through one of the following methods: 1. On-site units. a. The requisite number of EHUs, or a portion thereof, may be constructed on-site, provided that all on-site EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide on-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. r1 LJ 5 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC • 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. The Planning and Environmental Commission may approve payment of a fee-in-lieu for each square foot of employee housing required by this Chapter. a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to i provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed or acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of i EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations 6 8ni2oo~ F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, lNCLUSIONARY ZONING, SECOND READING 0403.DOC pertaining to EHUs which are in effect at the time the application for • development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review shall include an employee housing plan or statement of exemption. B. An employee housing plan shall include the following: 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building • Requirements; 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, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 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; 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. • 7 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE N0. 8, SERIES OF 2007, INCLUSlONARYZONING, SECOND READING 0403.DOC • C. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan is located within a Special Development District or includes a request to convey property, and then the Town Council shall approve, approve with modifications, or deny the employee housing plan. D. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan. E. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. . C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate; 3. The employer; and 4. Evidence to demonstrate that at least one tenant residing in the EHU is an employee at a business located in Eagle County. $ sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission • determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity • of the remaining portions of this ordinance; and the Town Council hereby declares it 9 sni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC . would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 13th day of March, 2007 and a public hearing for second reading of this Ordinance set for the 3~d day of April, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3~d day of April, 2007. Rodney Slifer, Mayor Attest: • Lorelei Donaldson, Town Clerk 10 8ni2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARY ZONING, SECOND READING 0403.DOC ~ ~. ~~ TOF9N OF PAIL 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 June 11, 2007, at 1:00 pm in the Town of Vai( Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson 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 redevelo ment of th Li sh d I d Li h d t A F b l V il Gl ~t,~ DrI ! p e on ea nn an ons ea nn nnex ( a u ous a o), ~ ~~~ ~ located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, ~ V- and setting forth details in regard thereto. (PEC07-0027) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell A request for final 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 private parking lot, located at 701 and 705 West Lionshead Circle (Lionshead Inn)/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 A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for the identification of the property commonly referred to as "Timber Ridge Apartments° as a future location for affordable housing, located at 1280 North Frontage Road/Lots C1, C2, C3, C4 and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0030) Applicant: Town of Vail Planner: George Ruther ~ • Attachment: F Page 1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • E. July 23, 2007 TbWNOFYA~, ~ 1:OOpm VAIL LIBRARY /COMMUNITY ROOM PUBLIC WELCOME MEMBERS PRESENT David Viele Dick Cleveland Rollie Kjesbo David Kurz Bill Pierce Bill Jewitt Site Visits: None MEMBERS ABSENT Anne Gunion 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 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 • ACTION: Approved MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Kjesbo abstained because he arrived late to the item presentation, Gunion absent) Warren Campbell made a presentation per the staff memorandum. The applicant had no comments. There were no public comments. Dick Cleveland said that he had no problem with the application because it did not seem to impact the neighbors. There was no other comment from commissioners. 30 minutes 2. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, PEC07-0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: NO ACTION MOTION: SECOND: VOTE: Warren Campbell briefly introduced the item and introduced Dominic Mauriello. Dominic Mauriello made a presentation on the review process for the EverVail project. He first reviewed the applications that have already been submitted to various boards and commissions with the town and with CDOT. Page 1 Dominic Mauriello then reviewed the Preliminary Plan, which is a rare occurrence within the Town because most property has already been subdivided. A rezoning of the property would • then occur. Following rezoning, the conditional use permit for the parking structure would be submitted. Next, a major exterior alteration, additional conditional use permits, text amendments and the final plat would happen in order to make this project happen. The process flow chart was then reviewed on the powerpoint. This chart shows the sequencing of the events for development review. The key piece, according to Mauriello, are the CDOT approvals. Warren Campbell then spoke regarding the process and working with Dominic. He noted that the steps are difficult to understand in a graphic format. As stated, on August 13, the preliminary plan will be brought before the PEC. He said he would try to educate the group on the preliminary plan, as this is something that is not commonly reviewed by the PEC. Following that, an application for a recommendation on a rezoning of the new parcels, including the CDOT ROW, would come before the PEC. The two applications cannot move forward until the CDOT approval occurs. It is anticipated that the approvals will go well, as it is a positive change for both CDOT and the Town. There is a meeting on Wed with Tom Kassmel and Greg Hall to discuss the CDOT application. Again, the critical path is the CDOT approval. We are hoping that at some point, a Memorandum of Understanding could happen with CDOT in order to allow the rest of the process to proceed. David Viele asked if the town has condemnation rights on that property. Warren Campbell responded that CDOT has asked the Town to take over the CDOT right of way, but at this time, the Town has not proceeded with taking over the property because the road requires extensive investment for improvements. Dominic Mauriello said that he had spoken with the FHWA and they were very positive about the • proposal. Campbell went back to stating that these approvals would not become final until the CDOT approval and changes. There is a desire to begin the redevelopment of the Lionshead Parking Structure after the EverVail parking structure is complete. This is why the parking structure was taking a front seat in the application process. The rest of the chart lays out the individual items that come after. Bill Jewitt noted that this is a worksession, so there would be no formal order to public comment. Mauriello said that while he was showing the right-of-way on the plat, the final layout of the road was not detailed on the plat. He said the general roadway would be noted, but not the details. Jim Lamont, Vail Village Homeowners Association, asked about acceptance and abandonment of the roadway. He then asked about the parking structure component, and that the road needs to be relocated in order to build the parking structure. Mauriello answered that the parking structure could still happen even if the new road is built. Jewitt asked if the project would happen if the CDOT approvals would not go through. Mauriello answered that the structure could be built regardless because Vail Resorts owns that property. However, the project may not proceed if CDOT approval does not occur. Page 2 Lamont continued to ask whether the parking structure could proceed without CDOT right-of-way and asked whether the structure could function without moving the road. • Mauriello answered that there are many options to getting the parking structure built without the road moving. Access roads could be built to access the parking structure from the existing Frontage Road. Lamont asked what the start date would be if CDOT approvals went through. Tom Miller of Vail Resorts Development Company answered Summer 2008, with construction lasting 14 months. Mauriello continued that there needs to be room for the snowcat maintenance yard during the parking structure development. Lamont asked whether 2010 would be the start date for the Lionshead Parking Structure. Jewitt answered that this is a different project with a different developer, and that could not be answered here. Campbell said that the Lionshead Parking Structure could possibly start as soon as the EverVail structure is completed. Lamont asked if Simba Run will occur concurrently to the EverVail road straightening. Campbell said that as some of the product was being approved for EverVail, this is when the Simba Run underpass would be discussed. Lamont asked if Simba Run is being discussed with CDOT during these meetings. • Campbell said he wasn't sure. Kent Crain, Alpine Engineering, said that documents he is working on with Greg Hall include the Simba Run underpass. They are making sure that the underpass will occur regarding grade changes and other issues with putting in the Slmba Run underpass after EverVail is complete. Lamont asked if the Simba Run underpass was required for EverVail. Tom Miller responded that the underpass is included in all of the documents, but is not a requirement of the development. Lamont responded that the Tax Increment Financing discussion included the underpass. Jewitt responded that the PEC did not see the presentation on TIF, and it was not appropriate for PEC. The commissioners had no further comment. 15 minutes 3. 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: Table to August 27, 2007 MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 Page 3 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 August 13, 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 August 13, 2007 MOTION: SECOND: VOTE: 6. 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: Tabled to August 13, 2007 MOTION: SECOND: VOTE: 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, 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: Tabled to August 13, 2007 MOTION: SECOND: VOTE: 8. 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: Table to August 13, 2007 MOTION: SECOND: VOTE: • Page 4 • 9. 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 Hun ACTION: Table to August 13, 2007 MOTION: SECOND: VOTE: 10. 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 August 13, 2007 MOTION: SECOND: VOTE: 11. 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 August 13, 2007 MOTION: SECOND: VOTE: 12. Approval of July 9, 2007 minutes MOTION: Cleveland SECOND: VOTE: 13. Information Update 14. Adjournment MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. /Community Development Department Published July 20, 2007, in the Vail Daily. • Page 5 2079 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. In wifiess whereof has here unto set my hand this 23rd day of August, 2007 ~ti ~/P~.-blisl~~eneral 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. PAME~-~- SCMtJ~TZ ~ /,' ~J'k~ ~_, ~~ Pamela Joa Schultz Notary Public My Commission • 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 t, lock 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 August 27, 2007 MOTION: SECOND: VOTE: 11.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 torch d e t a i I s i n regard thereto . (PEC07-0035) Applicant:Ed Williams, represented by William Hein Associates Planner:Bill Gibson ACTION: Withdrawn 12.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 Buiiding, located at 288 Bridge S1reeVLot D, Block 5A, Vail Village Filing 1, and setting f o rt h d e t a i I s i n regard ~khereto. (PEC07-0039) Applicant:Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner:Scot Hunn ACTION: Table to August 27, 2007 MOTION: SECOND: VOTE: 13.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:Table to October 8, 2007 ,,aAOTION: SECOND:VOTE: 14.Approval of July 23, 2007 minutes MOTION: SECOND: VOTE: 15.information Update t6.Ad}ournmeM MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular V ~ 'oTtice hours at the Town of Vail Community Development DepaAment, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precedathe 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 Por the Hearing Impaired, for infonnetion. Community Development Department Published August 10, 2007, in the Veil DaNy. ' • Page C40 -Friday, August 10, 2007 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING August 13, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Site Visits; 1.Frazier Residence - 3816 and 3826 Lupine Drive 2.Gore Valley Trail -Vail Golf Course Driver: Warren 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 Torth details in regard thereto. (PEC07-0047) Applicant:DOnna Giordano, represented by VAG, Inc., Architects and Planners Planner:Bill Gibson ACTION: MOTION: SECOND: VOTE: 10 minutes 2.A request for a final recommendation to the Vail Town Council, pursuant to Sedtion 12-3-7, Amendment, \/ail Town Cotle, for proposed text amendments to Sections 12-6B-2, 12.66.3, 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 aType 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 ACTION: MOTION: SECOND: VOTE: 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 fora modifica- tion to a shared property boundary, located at 3816 and 3826 Lupine Driveltots 8 and 9, Bighorn 5ubdivisiori 2nd Addition, and setting forth details in regard thereto. (PEC07-0045) Applicant:June Frazier Planner:Bill Gibson ACTION: MOTION: SECOND: VOTE: 10 minutes ' 4.A request for a final review of an exterior alteration, pursuant to Section 12-78-7, 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, Black 5B, Vail ViNage Filing 1, and setting f o rt h d e t a i I s i n regard t h e r e t o (PEC07-0048) Applicant:Herman Staufer, represented by VAG, fnc., Architects and Planners Planner:Bifl Gibson ACTION: MOTION: SECOND: VOTE: 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 ap- proximately 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, Condition- al 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 a n d unplatted properties, a complete legal description is available for inspection at the Town oT Vail Community Development Department), and setting forth details in regard thereto. (P C07-0049) Applicant:Town of Vail, represented by Gregg Barrie Planner:Scot Hunn ACTION: MOTION: SECOND; VOTE: 60 minutes 6.A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-7, Major E~3erior 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: MOTION: SECOND:VOTE: 7.A request for a final review of an exterior alteration or modification, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, located a1201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07.0046) Applicant: ell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner:Scot Hunn ACTION:Tabled to Au ust 27, 2007 MOTION: SECOND: VOTE: B.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 iEver Valli (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Rgad West right otway/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 August 27, 2007 MOTION: SECOND: VOTE: 9.A request for a final recommendation to the Vait 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 inspecton at the Town of Vail Community Development Department), and setting forth Details in n~gard thereto. (PEC07-0021) Applicant:Vail Resorts Development Company, represented by Thomas Mtller Planner:Warren Campbell ACTION:Table to August 27, 2007 MOTION: SECOND: VOTE: ` • • 205 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 7/27/2007 and that the last publication of said notice was in the issue of said newspaper dated 7/27/2007. In witness whereof has here unto set my hand this 03rd day of August, 2007 ~ Pul~li'sl4e'r/(mineral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 03rd day of August, 2007. My Commission expires: I u ~ ~ ~ Z ~ . G~ _. ~ ' '~---~/dam-c_.~ Pamela Joan Schultz Notary Public ~ ,~~. •ti TNIS ITEM MAY AFFECT YOUR PROPERTY A r Uest PUBLIC NOTICE modification Standards NOTICE IS HEREBY GIVEN that the Planning and imprOVemen Environmental Commission of the Town of Vail will of 1Ae Gore hold a public hearing in accordance with section 12-3-6 V il To C d B~_ Roar i , a wn o e, on August 13, 2007, at alto Sect 1:00 pm in the Town of Vail Municipal Building, in Toipn Code, consideration of: non-motori walkway, lot A request for a final recommendation to the Vail and unplatl Town Council, pursuant to Section 12-3-7, d:.y..Jr::on is Amendment, Vail Town Code, for proposed text of Yell Comn amendments to Sections 12-68-2, 12-6B-3, setting fog 12-fiC-2, 126C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail (PEC07.0045 Town Code, to allow a Type II employee housing unit as a permitted use, and to eliminate a Type II A„::,,,..;.Toy Barrre employee housing unit as a Conditional use, rn the Plamer.Scot Single-Famiy Residential (SFR), Two-Family Resi- dential (R), and Two-Family Primary/Secondary The applica Residential (PS) districts, and setting forth details proposals are in regard thereto. (PEC07-0042) office hour: Applicant: Town of Vail Developmer Planner:Bill GibsonMina Timm Road. The orientation a A request for a final review of an amended final public hearir plat, pursuant to Chapter 13-12, Exemption Plat Developmt Review Procedures, Vail Town Cade, to alknv fora 97079-2138 modification to a shared property boundary, locat- ed a13816 and 3826 Lupine Drive/lots 8 and 9, Sign langual Bighorn Subdivision 2nd Addition, and setting forth request, wilt details in regard thereto. (PEC07-0045) 970-479-23 m:June Frazier Impaired, for i~ ner.Bill Gibson Published Juy A request for a final review of an exterior alteration - or modification, pursuam to Section 12-78-7, Exte- rior Alterations or Modifications, Veit Twm code, to allow for an exterior renovatlon and the remodel Of the third floor ..:a,:~..x, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Black SB, Vail Village Filing 1, and setting torth details in regard thereto. (PEC07.0046) Applicant:Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner:Scot Hunn 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 I with the construction of a new residence, located at 1107 and 1109 Vail Valley Drive/Lots 7 and 8, 'Black 6, Vail Village Filing 7, and setting forth details in regard thereto. (P C07-0047) Applicant:Donna Giordano, represented by VAG, Inc.. Architects and Planners Planner:Bill Gibson A request for a final review o(an exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of bey windows, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 58, Vail Village Filingg t, and setting forth details in regard thereto. (PEC07-0048) ApplxaM:Herman Staufer, represented by VAG, Inc., Architects and Planners Planner.Bill Gibson