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HomeMy WebLinkAbout2008-0324 PECPLANNING AND ENVIRONMENTAL COMMISSION March 24, 2008 TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Commission Training, Lunch will be served MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Solar Vail — 501 North Frontage Road West 2. Vail Cascade Resort and Spa — 1300 Westhaven Road Driver: Scot 12:30pm 1:OOpm A request for a final review for a development plan, pursuant to Section 12-61-11, development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21- 16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052 and PEC080013) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 2. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by JG Johnson Architects Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 3. A request for a final review of a variance from Section 14-3-1, Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080011) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development, LLC Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: Page 1 4. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12- 7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025) Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates Planners: Warren Campbell/Scot Hunn ACTION: Table to April 14, 2008 MOTION: SECOND: VOTE: 5. A request for a final recommendation to the Vail Town Council of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080008) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Table to April 14, 2008 MOTION: SECOND: VOTE: 6. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior Alterations Or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted And Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day Lot with a structure containing Type III employee housing units, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Table to April 14, 2008 MOTION: SECOND: VOTE: 7. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to facilitate the construction of a public building, grounds, and facilities (transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010) Applicant: Town of Vail Planner: Warren Campbell/George Ruther ACTION: Table to April 14, 2008 MOTION: SECOND: VOTE: 8. Approval of March 10, 2008 minutes MOTION: SECOND: VOTE: Page 2 9. Information Update 10. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 21, 2008, in the Vail Daily. Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 24, 2008 SUBJECT: A request for a final review for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052 and PEC080013) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn I. SUMMARY The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail Planning and Environmental Commission for a development plan, a variance and associated conditional use permits for the re-development of the Solar Vail property into a mixed use project, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch. The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUEST The Solar Vail property currently serves exclusively as employee housing for the Sonnenalp Hotel operations. The applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to employee housing needs generated by operation of the Sonnenalp Hotel in the Vail Village. Specifically, the applicant proposes this re-development to proactively address, the current and future employee housing needs generated by the hotel operations. As well, the applicant has proposed, as a possible means to finance re-development of the site, to sell deed restrictions tied to units developed on the site to other businesses or developers in need of "off-site" employee housing mitigation in the future. The property has been re-zoned from the High Density Multi-Family (HDMF) District to the Housing (H) District, and a text amendment to the Housing District allowing for "Professional Offices and Business Offices" as conditional uses has been approved by the Vail Town Council. Such re-zoning and text amendments were requested to better facilitate the development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses proposed as secondary and incidental to the use of employee housing. Key components of the current proposal include: • Demolition of two existing, three-story buildings containing 24 dwelling units, originally constructed in 1976; • Development of a new building containing 87,818 (gross) square feet; • Eight stories, inclusive of two levels of structured parking; • A maximum building height of 84 feet; • Eighty-two (82) deed restricted, Type VI employee housing units on five floors for primary use by employees of the Sonnenalp Hotel; • Development of approximately 4,850 square feet of office space on the first level; deed restricted linkage is proposed between office space (lease agreement) and dedicated EHUs within the building; one or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan; 2 • Creation of seventy three (73) and enclosed parking spaces on two levels of underground parking (separated for office and residential uses) and eight (8) surface parking spaces for a total of eighty-one (81) parking spaces on-site; • Improved site access, driveway grades and the provision of emergency services turn-around (heated hammer head) and staging areas; • Preservation of the existing earthen berm and vegetation located between the existing parking lot and North Frontage Road; • Replacement and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building); and • Installation of fencing and landscaping between the Solar Vail property and the adjacent Red Sandstone Elementary School property. The Solar Vail development proposal is comprised of three (3) separate development review applications. Each application is intended to facilitate the re- development proposal. The development applications include, but may not be limited to: A Development Plan application for development within the Housing (H) district; A Variance application for development on slopes in excess of 40%; and A Conditional Use Permit application for: o"Professiona/ Office Uses" located on the office level of the structure; o"Public Utilities Installations including Transmission Lines and Appurtenant EquipmenY' (cellular communication antennae); and o"Type VI Employee Housing Units". In addition, the applicant is requesting "variations" to certain development standards, as permitted at the discretion of the Planning and Environmental Commission during review of any development proposal within the Housing District. Specifically, the applicant is requesting variations to: Setbacks — from 20 feet to approximately 4' feet between the proposed structure and the west property line; and Parking — from 106 required spaces (per Section 12-10-10, Vail Town Code), to 81 proposed for both residential and office uses; The applicant has provided responses to conditional use review criteria for employee housing units, professional business offices and public utility (cellular communication antennae) uses. In addition, the applicant has provided written responses and justification to variations requested from setback and parking standards, as well as a written response to variance criteria applicable to a requested variance from Section 12-21-10, Development Restricted. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Tear pown and Re-build of Solar Vail Emplovee Housinq dated January 28, 2008 (Attachment B), and a reduced set of plans dated March 3, 2008, is attached for reference (Attachment C). III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail buildings were initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were subsequently approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. Today, this telecommunications site provides a critical communications link for residents, guests and travelers within the Vail area. On August 27, 2007, the Town of Vail Planning and Environmental Commission held a work session to discuss plans for a similarly designed building. At that time, the applicant was proposing sixty-three (63) employee housing units (EHUs) and 4,700 square feet of professional office space. Two levels of parking were proposed, with a total of 71 parking spaces proposed. The Commission was generally supportive of the propose plans and provided the following feedback to the applicant: • The applicant should study building mass and, specifically, provide for more of a"break" in the ridge line of the roof structure; • The applicant should study loading, delivery and trash storage and removal; and • The requested variation to parking standards is generally supportable in order to facilitate private development of employee housing within the Town, and in specific response to avoiding development on slopes in excess of 40%. On October 2, 2007, the Vail Town Council granted "Permission to Proceed" through the development review process, and specifically to allow the applicant to develop plans for access to the Solar Vail site that included driveway, retaining wall and grading improvements on Town owned land (Tract A) adjacent to Lot 8B, Vail Potato Patch. The applicant showed a design at that time that included substantial disturbance on Tract A, beyond that which exists today for the current driveway into the Solar Vail property. Since that meeting, the applicant has revised the plans to use the existing road/curb cut for Solar Vail and thus, substantially reduce the amount of disturbance proposed on Tract A while providing improved access grades and angles off of North Frontage Road. On December 4, 2007, the Vail Town Council voted unanimously to approve two separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35, Series of 2007, on second reading. Ordinance No. 34 approved an amendment to the Official Zoning map for the Town of Vail, effectively re-zoning the subject property from the High Density Multi-Family (HDMF) District to the Housing (H) District. Ordinance No. 35, approved a text amendment for the Housing District to specifically allow for "Professional Offices and Business Offices" as conditional uses within the Housing District. 4 Both the re-zoning of the property and the subsequent text amendment were requested to better facilitate the re-development of the site and, specifically, to allow a higher degree of flexibility in the design and layout of the site to accommodate a significant number of employee housing units and to allow for the review of certain proposed conditional uses. Since proceeding through the re-zoning and text amendment process, the applicant has revised the plans for the development, introducing slightly revised building orientation, and roof forms (broken ridge and revised dormer designs). In addition, the plans now show a slightly taller building with increased density, as well as, a revised subterranean parking design. The building (Office Level) has been raised approximately 2 feet, and the roof pitch has increased from 8' in 12' to 9' in 12'. These two changes have resulted in the building height being raised 2.7 feet. The access plan has been changed to minimize any new road cuts and the driveway configuration has been revised significantly to improve access (grade and entry angle), provide a hammer head for turn around while minimizing disturbance on Town owned Tract A. On February 25, 2008, the Planning and Environmental Commission held a work session with the applicant. The Commission discussed the building bulk, mass, scale and height, as well as proposed parking and setback variations requested by the applicant. There was general support for the proposed project and concerns expressed regarding the need for further separation between the Solar Vail property and the adjacent school site. Also, one Commissioner suggested that the applicant work to revise the plans to ensure that the building has a more formal "entry", while another expressed support for the idea of working with the School District to ensure that a fence and landscaping could be provided between the Lot 8B (Solar Vail) and Lot 8A, Red Sandstone Elementary School site to address the School District's concerns regarding Solar Vail residents crossing the school property en-route to the pedestrian bridge and bus stop. Since that meeting, the applicant has revised the plans to address several issues discussed at the February 25, 2008 meeting. In addition, the applicant has revised the plans to provide four (4) more parking spaces within the structure. At the regular Planning and Environmental Commission meeting of March 10, 2008, the applicant requested a tabling in order to address Staff concerns regarding development of a small portion of the proposed building within areas of 40% slope. In accordance with Section 12-21-14, Right of Appeal, Vail Town Code, the applicant has submitted a variance application to allow for development within previously disturbed areas of Lot 8B that are in excess of 40% slope. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission in reviewing various applications submitted on behalf of Sonnenalp Properties, Inc. A. Development Plan Review in the Housinq (H) zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approva/ of the basic form and /ocation of improvements including siting, building setbacks, height, building bulk and mass, site improvements and /andscaping. " B. Conditional Use Permit (CUP) The Planning and Environmental Commission is responsible for final approval/denial of any conditional use permit. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Generally, the Planning and Environmental Commission is responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this final plan review. Title 12: Zoninq Requlations Chapter 6: Housing (H) Zone District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the deve/opment standards prescribed for other residentia/ zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each deve/opment proposa/ or project to achieve the purposes prescribed in section 12-1-2 of this tit/e and to provide for the public we/fare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidenta/ and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and design to meet the needs of residents of Vail, to harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Bicycle and pedestrian paths. Deed restricted emp/oyee housing units, as further described in chapter 13 of this tit/e. Passive outdoor recreation areas, and open space. 12-61-3: COND/T/ONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Tit/e: 6 "Commercial uses which are secondary and incidental (as determined by the planning and environmenta/ commission) to the use of employee housing and specifically serving the needs of the residents of the deve/opment, and deve/oped in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Hea/th clubs. Persona/ services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Business offices and professional offices as further regulated by Section 12-16-7 of this title. Dwelling units (not emp/oyee housing units) subject to the following criteria to be evaluated by the planning and environmenta/ commission: A. Dwelling units are created so/ely for the purpose of subsidizing emp/oyee housing on the property, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schoo/s. Public buildings, grounds and facilities. Public parks and recreationa/ facilities. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by chapter 13 of this title. " 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the p/anning and environmenta/ commission, variations to the setback standards may be approved during the review of a deve/opment plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geo/ogically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible re/ationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 7 Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the p/anning and environmenta/ commission pursuant to Chapter 17 of this tit/e. 12-61-6: S/TE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the tota/ site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enc/osed, thus reducing the impacts of surface paving provided within a deve/opment, and that the minimum landscape area requirement is met. 12-61-7: LANDSCAPE AND S/TE DEVELOPMENT: At /east thirty percent (30%) of the tota/ site area shall be /andscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-61-8: PARK/NG AND LOAD/NG: Off street parking shall be provided in accordance with Chapter 10 of this tit/e. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmenta/ commission, variations to the parking standards outlined in Chapter 10 of this tit/e may be approved during the review of a deve/opment p/an subject to a parking management plan. The parking management plan shall be approved by the planning and environmenta/ commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this tit/e would require. For examp/e, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of a/ternative modes of transportation including, but not limited to, public transit or shutt/e services. B. A limitation p/aced in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shutt/e service, or staggered work shifts. 12-6/-9: LOCAT/ON OF BUS/NESS ACTIVIT/ES: A. Limitation; Exception: All conditional uses by section 12-61-3 of this artic/e shall be operated and conducted entirely within a building, except for permitted /oading areas and such activities as may be specifically authorized to be unenc/osed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be /ocated directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By P/anning And Environmenta/ Commission: In the H district, deve/opment standards in each of the following categories shall be as proposed by the applicant, as prescribed by the p/anning 0 and environmenta/ commission, and as adopted on the approved deve/opment plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residentia/ f/oor area). 12-61-11: DEVELOPMENT PLAN REQU/RED: A. Compatibility with Intent: To ensure the unified deve/opment, the protection of the natura/ environment, the compatibility with the surrounding area and to assure that deve/opment in the housing district will meet the intent of the zone district, an approved deve/opment plan shall be required. 8. P/an Process and Procedures: The proposed deve/opment plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the deve/oper to the administrator who shall refer it to the planning and environmenta/ commission, which shall the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the p/anning and environmental commission shall be he/d in accordance with section 12-3-6 of this tit/e. The planning and environmenta/ commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmenta/ commission may be appea/ed to the town council in accordance with section 12-3-3 of this tit/e. D. P/an As Guide: The approved deve/opment p/an shall be used as the principa/ guide for all deve/opment within the housing district. E. Amendment Process: Amendments to the approved deve/opment plan will be considered in accordance with the provisions of section 12-OA-10 of this tit/e. F. Design Review Board Approva/ Required: The deve/opment plan and any subsequent amendments thereto shall require the approva/ of the design review board in accordance with the applicab/e provisions of chapter 11 of this tit/e prior to the commencement of site preparation. 12-61-13: DEVELOPMENT STANDARDS/CR/TER/A FOR EVALUAT/ON: The following criteria shall be used as the principal means for evaluating a proposed deve/opment plan. It shall be the burden of the applicant to demonstrate that the proposed deve/opment plan complies with all applicab/e design criteria: A. Building design with respect to architecture, character, sca/e, massing and orientation is compatib/e with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functiona/ deve/opment plan responsive to the site, the surrounding neighborhood and uses, and the community as a who/e. C. Open space and /andscaping are both functiona/ and aesthetic, are designed to preserve and enhance the natura/ features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 9 D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the deve/opment. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are imp/emented as a part of the proposed deve/opment plan. F. Compliance with the Vail comprehensive p/an and other applicab/e plans. Chapter 10: Off Street Parking and Loading 12-10-20: SPEC/AL REV/EW PROVIS/ONS: Notwithstanding the provisions of section 12-10-10 of this chapter, the planning and environmenta/ commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the p/anning and environmenta/ commission: A. The parking demand will be /ess than the requirements identified in section 12-10-10 of this chapter,� and B. The probab/e long term use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shutt/e service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved deve/opment plan; and D. Proximity or availability of a/ternative modes of transportation (including, but not limited to, public transit or shutt/e services) is significant and integra/ to the nature of the use or business activity. In reaching a decision, the p/anning and environmenta/ commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the p/anning and environmenta/ commission after deve/opment plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. Chapter 12: Environmental Impact Reports 12-12-2: APPL/CAB/L/TY An environmental impact report shall be submitted to the administrator for any project for which such a report is required by federa/ or state /aw, or for any project which the administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 10 A. A/ters an eco/ogical unit or land form, such as a ridgeline, sadd/e, draw, ravine, hillside, cliff, s/ope, creek, marsh, watercourse, or other natural landform feature. 8. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. C. A/ters or removes native grasses, trees, shrubs, or other vegetative cover. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or sca/e that would be in marked contrast to natura/ or existing urban features. E. Potentially results in avalanche, landslide, siltation, sett/ement, f/ood, or other land form change or hazard to hea/th and safety. F. Discharges toxic or thermally abnorma/ substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. G. Involves any process which results in odor that may be objectionable or damaging. H. Requires any waste treatment, cooling, or sett/ement pond, or requires transportation of solid or liquid wastes to a treatment or disposa/ site. 1. Discharges significant volumes of solid or liquid wastes. J. Has the potentia/ to strain the capacity of existing or p/anned sewage disposal, storm drainage, or other utility systems. K. Involves any process which generates noise that may be offensive or damaging. L. Either displaces significant numbers of peop/e or results in a significant increase in population. M. Preempts a site with potential recreationa/ or open space value. N. A/ters /oca/ traffic patterns or causes a significant increase in traffic volume or transit service needs. O. /s a part of a/arger project which, at any future stage, may involve any of the impacts listed in this section. 12-12-3: EXEMPT PROJECTS An environmental impact report shall not be required for the following projects: A. A/teration, repair and maintenance of existing structures and site improvements. 8. A phase of a project for which an environmental impact report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently a/tered. C. A project which, on the basis of a preliminary environmenta/ assessment covering each of the factors prescribed in section 12-12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmenta/ assessment and the finding on environmental impact shall be made by the administrator. Chapter 16: Conditional Uses (in part): 12-16-1: PURPOSE; LIMITAT/ONS: In order to provide the f/exibility necessary to achieve the objectives of this tit/e, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusua/ or special characteristics, conditional uses require review and evaluation 11 so that they may be /ocated properly with respect to the purposes of this tit/e and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious deve/opment between conditional uses and surrounding properties and the town at /arge. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the /ocation and operation of the conditional uses will be in accordance with deve/opment objectives of the town and will not be detrimenta/ to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12-16-6: CR/TER/A; FIND/NGS (in part): A. Factors Enumerated: Before acting on a conditional use permit application, the p/anning and environmental commission shall consider the following factors with respect to the proposed use: 1. Re/ationship and impact of the use on deve/opment objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, 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 f/ow and control, access, maneuverability, and remova/ of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be /ocated, including the sca/e and bulk of the proposed use in re/ation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this tit/e. 8. Necessary Findings: The planning and environmenta/ commission shall make the following findings before granting a conditional use permit: 1. That the proposed /ocation of the use is in accordance with the purposes of this tit/e and the purposes of the zone district in which the site is /ocated. 2. That the proposed /ocation of the use and the conditions under which it would be operated or maintained will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this tit/e. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12-16-7: USE SPEC/F/C CR/TER/A AND STANDARDS (in part): 15. Business Offices and Professiona/ Offices in the Housing (H) District: a. Business and professiona/ offices shall be secondary to the residential use of the District. The net f/oor area of the office use shall be not greater than 15% of the net f/oor area of the deve/opment site. 12 b. The sa/e of inerchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this tit/e and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehic/es associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1(Tit/e 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net f/oor area. g. Homeowner Association or property owner approva/ shall be required of all Conditiona/ Use Permit applications for a Professiona/ Office or a Business Office within the Housing (H) District pursuant to Section 12-11-4: B:D, Application Form, Vail Town Code. Chapter 17: Variances 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to /essen such practica/ difficulties and unnecessary physical hardships inconsistent with the objectives of this tit/e as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practica/ difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street /ocations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or litera/ compliance with a regulation shall not be a reason for granting a variance. 8. Deve/opment Standards Excepted: Variances may be granted only with respect to the deve/opment standards prescribed for each zone district, including /ot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site deve/opment, and parking and loading requirements; or with respect to the provisions of Chapter 11 of this tit/e, governing physica/ deve/opment on a site. 12-17-6: Criteria and Findings: A. Factors Enumerated: Before acting on a variance application, the p/anning and environmental commission shall consider the following factors with respect to the requested variance: 1. The re/ationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this tit/e without grant of special privilege. 13 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicab/e to the proposed variance. 8. Necessary Findings: The planning and environmenta/ commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties c/assified in the same zone district. 2. That the granting of the variance will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practica/ difficulty or unnecessary physica/ hardship inconsistent with the objectives of this tit/e. b. There are exceptiona/ or extraordinary circumstances or conditions applicab/e to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Chapter 21: Hazard Regulations (in part) 12-21-10: DEVELOPMENT RESTRICTED (in part): A. No structure shall be built in any f/ood hazard zone or red ava/anche hazard area. No structure shall be built on a s/ope of forty percent (40%) or greater except in sing/e-family residential, two-family residential, or two-family primary/secondary residentia/ zone districts. The term "structure" as used in this section does not include recreationa/ structures that are intended for seasonal use, not including residential use. 12-21-14: R/GHT OFAPPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appea/ the decision of the administrator in accordance with section 12-3- 3 of this tit/e. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of Chapter 17 of this tit/e. 14 Vail Land Use Plan (in part): CHAPTER ll — LAND USE PLAN GOALS /POL/C/ES The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 15 1�1� 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. ZONING ANALYSIS Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Block 2 Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.) Existing Zoning: Housing (H) District Land Use Designation: Medium Density Residential Hazards: 40% Slope; Medium Severity Rockfall Development Standard Allowed/Required Setbacks All Sides: 20', or Per Development Plan Front(South): Side: East West Rear (North): Building Height: Per Development Plan Density: EHUs DUs Site Coverage Landscape Area: Parking: Spaces/Unit % Compact Loading Existinq* .. 37' 25' 115' 36' Per Development 24 EHUs Plan 30% total GRFA, or 0 Per Development Plan 23,958 sq. ft. or 55%; or Per Development Plan 13,068 sq. ft. or 30% 6,100 sq. ft or 14% 37,460 sq. ft or 85% 106 spaces; or Per 27 spaces Development Plan 25% allowed; or Unknown 20 spaces 2 berths; or Per 1 berth Development Plan Proposed 36' 31' 4'** 80' 84' 82 EHUs 0 13,000 sq. ft. or 30% 30,560 sq. ft. or 70% 81 spaces*** 24% or 18 spaces 2 berths Note: � Surface parking improvements on the south side of the property currently encroach into the front 20 foot setback; the applicant is requesting a"variation" from standards prescribed by Section 12-61-8, Parking 16 �� and Loading Standards, Vail Town Code, to construct portions of two surface parking standards within the front and side setbacks. Subterranean parking improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC may, at its discretion, approve variations to the required setbacks. The applicant proposes 81 spaces representing 76% of the required parking for the site (a reduction of 24%), based on multifamily parking requirements Chapter 10, Vail Town Code; of the 81 parking spaces proposed, 73 spaces are covered/within the building (90% of total provided); 61 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. Total parking provided for residential uses averages .7 spaces per employee housing unit and .38 spaces per bed. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Open Lands Natural Area Preservation District South: CDOT R.O.W. N1A East: Open Lands Natural Area Preservation District West: Public School General Use District VIII. REVIEW CRITERIA 1) Development Standards and Criteria Pursuant to Section 12-61-13, Development Standards and Criteria for Evaluation, Vail Town Code, the following development standards and review criteria shall be considered in any evaluation of the project: 12-61-13: DEVELOPMENT STANDARDS/CR/TER/A FOR EVALUAT/ON: The following criteria shall be used as the principa/ means for evaluating a proposed deve/opment plan. It shall be the burden of the applicant to demonstrate that the proposed deve/opment plan complies with all applicab/e design criteria: A. Building design with respect to architecture, character, sca/e, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Staff Response: Staff believes, overall, the building and site have been designed to be compatible with the site, adjacent properties and the surrounding neighborhood, given a relatively small parcel with significant constraints such as easements and areas over 40% slope. Architecture The architecture presented is compatible with the site, adjacent properties and the surrounding neighborhood. Specifically, Staff believes the proposed design and use of materials, detailing and fenestration, is presented in a consistent and logical manner around the structure. The design reinforces the architectural design and detailing apparent within the Town, specifically within the Vail Village and Lionshead areas. Roof composition, overhangs, eave lines and heights, as well as, dormer design generally enhance the building massing. Proposed concrete "foundation" details on the first two stories are presented to compliment materials and detailing apparent on Red Sandstone Elementary School. Fenestration is generally responsive to the unit layout, yet responds to orientation of the building (passive solar gain). 17 The applicant proposes a concrete form construction technique proposed for the core and shell of the building. The proposed pre-formed panelized system comes textured and colored to emulate stucco and wood. Staff believes that using such materials will produce a long-lasting, relatively maintenance free structure — a benefit to the Owner and residents. Regardless of the materials and construction technique to be used, the applicant generally proposes to use "heavier" materials (concrete and stucco) on the lower portions of the building, with "lighter" materials or textures to represent both horizontally and vertically oriented wood on upper portions of the building and on minor building elements such as dormers. Staff believes the applicant study introducing "lighter" materials and/or textures on the proposed dormer elements. Pursuant to Section 14-10-5, Building Materials and Design, Vail Town Code, concrete is a permitted exterior material, provided however that the surface "shall be treated with texture and color." Staff reminds the applicant that a materials board inclusive of all proposed exterior materials, colors and textures, will be subject to design review. Character Staff believes the plans proposed will enhance the overall character of the surrounding neighborhood. Specifically, the character of the development is consistent with other new construction being completed within the Town. The architecture is compatible with the site and surrounding properties and will also reinforce the design and detailing apparent within the Town. Scale and Massing Staff believes that the applicant has designed the proposed building to meet several objectives and goals of Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. Staff believes that the resulting scale of the building, although somewhat imposing on the site, will generally be compatible with the site — a previously disturbed lot surrounded by steep hillside and rather sparse vegetation, a school site and a main arterial roadway. The scale and massing will surpass any other structures in the surrounding neighborhood (the school). Therefore, the applicant and Commission should discuss the larger issues related to the capacity of this site to absorb the proposed density (EHUs), in relation to the Town's goals to provide sites and to provide incentives to support private, affordable employee housing development by private efforts. Specifically, Staff is still concerned that the proposed height of the building on this site, in conjunction with parking variations being requested could be construed as attempting to "fit" too much residential and office space program on a constrained site. Orientation Staff believes that the applicant has designed the proposed building to meet several objectives and goals of the Town and of the Owner. The applicant has done so while working with a significantly constrained site and while attempting to respect adjacent properties and structures. The building is generally sited in response to several existing site constraints, including 18 several utility easements, slopes in excess of 40% covering much (approximately 50%) of the site, CDOT Right-of-way and setbacks. The plans show approximately 839 square feet of the proposed west wing of the building encroaching into slopes in excess of 40%. The main portion of building mass is oriented along the contours of the site, on an east/west axis. Although this alignment may contribute to the perceived scale and height of the building, Staff believes this orientation also allows for the design to optimize views and solar gain for both passive and active (solar panels) solar energy usage. Staff also believes that the design and orientation of the building are specifically proposed to minimize the amount of disturbance on the site; specifically, although the applicant proposes minor building encroachments into the 40% slope behind the building, most disturbance is concentrated on the most buildable portions of the lot. Building siting and orientation also respond to the existing vehicular access point (to be maintained) along North Frontage Road. Specifically, the applicant's desire to maintain and improve this access point, and the resulting requirements to improve the access angles and driveway gradients to the Town's and CDOT's current standards contribute to the current building location and orientation. 8. Buildings, improvements, uses and activities are designed and /ocated to produce a functiona/ deve/opment p/an responsive to the site, the surrounding neighborhood and uses, and the community as a who/e. Staff Response: Staff believes that, overall, the building and associated improvements, uses and activities are designed to produce a functional development plan that is generally responsive to a small development site with limited buildable area and other constraints. Site Access and Traffic Impacts The applicant proposes site access from the existing road/curb cut along North Frontage Road. While maintaining this access point, the proposed driveway will be re-aligned, causing additional disturbance (grading, excavation, retainage, paving and planting) on the adjacent Town owned property (Tract A), which is zoned Natural Area Preservation (NAP). The applicant has obtained "permission to proceed" through the development review process from the Vail Town Council (i.e. the "property Owner") to allow for improvement on Tract A. In the future, prior to or concurrent with building permit application, the applicant will be required to obtain an access easement from the Town for any re-aligned driveway access across Tract A. In addition, the applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any improvements within rights-of-way and platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. 19 The applicant has submitted a Traffic Impact Report, prepared by Peak Land Consultants, and dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The report generally concludes that the use of the site — including limited office uses, housing for mostly seasonal workers and limited on-site parking - will produce a"low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. Public Works comments are attached for reference (Attachment I). Of note in the Public Works' analysis of traffic impacts and their resultant calculation of fees is the reduction (30% credit) in fees assessed due to the proximity of the project (1,900 feet) to the nearest transit stop. Building Improvements and Activities Staff believes the proposed building design and activities — including limited Professional Office uses for Sonnenalp Properties and an architectural firm, as well as, a substantial amount of employee housing for seasonal employees of Sonnenalp Properties — have been designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Specifically, the building has been sited and oriented to take advantage of site contours, solar gain, existing disturbance on the site and existing access points. Further, the building design features efficient layout for a substantial number of employee housing units, including studios, 1-bedroom, 3-bedroom and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to be used by residents, however much of the space within the building is proposed for individual living space, not common areas. The building and proposed employee housing uses are located within walking distance to employment centers, mass transit stops, parks and open space, bike paths and pedestrian ways. While it is unlikely that any residents of the building will have school aged children, the building is adjacent to a public school. Staff believes the applicant has responded well to concerns expressed by the School District regarding the probability of Solar Vail residents accessing the school site en-route to pedestrian ways and a mass transit stop. Plans received by the Community Department on March 3, 2008, show a fence and substantial landscape plantings located along the common property line between the Solar Vail site and the Red Sandstone Middle School property (Town owned land). In addition, the applicant has revised plans for a stairway leading from the Solar Vail building, directly to an existing sidewalk located along the north side of North Frontage Road to encourage usage by residents. Staff believes that these design solutions presented effectively address concerns expressed by the School District and the Commission. The Town of Vail Design Review Board will review the fence and landscaping for appropriateness and compliance with Town design standards. 20 Snow Storage The applicant has revised the plans since being reviewed by the Town of Vail Public Works Department to specifically address site plan issues concerning snow storage; more snow storage is now shown at various locations around and along the proposed access driveway. However, snow storage does not meet minimum standards for the site. Section 14-3-2; D, Snow Storage, Vail Town Code, states the following: "Snow Storage: All required parking and access areas shall be designed to accommodate on site snow storage (i.e., within the boundaries of lot and not within the right of way). Turf areas and other areas without trees may be utilized for this purpose." Further, that: "Unheated Drives: A minimum functiona/ area equaling thirty percent (30%) of the paved area shall be provided contiguous to the paved area and designed to accommodate snow storage. " The plans currently indicate that approximately 10-13% of the required snow storage area is being provided. Although the site is constrained and there are limited opportunities to provide adequate snow storage within the existing landscape plan, Staff recommends the applicant be required to meet minimum standards for snow storage on the site. Staff understands the applicant's contentions that, as an employee (affordable) housing development, heating the entire driveway and surface parking areas may be cost prohibitive. However, Staff believes there may be opportunities — working with final building plans for mechanical (boiler) locations and landscaping to incorporate small but functional "snow dump" vaults, placed within landscaped areas or adjacent to driveway or surface parking areas that could effectively serve as centralized snow melt basins. In addition, Staff believes geothermal heating of driveway and surface parking areas is a viable alternative for sustainable snow melt with long-term benefits to the building owner. This issue must be resolved by the applicant prior to any application for design review for Solar Vail. C. Open space and /andscaping are both functiona/ and aesthetic, are designed to preserve and enhance the natura/ features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff Response: Functionality and Aesthetics The applicant has submitted revised site, drainage and landscape plans generally demonstrating that open space and landscaping are functional and aesthetic. As plans are further developed, they should be coordinated to ensure that all site disturbance is mitigated, all site drainage does not cause adverse impacts on neighboring properties and that proposed re-vegetation 21 (new plantings) is proposed in areas that will have the highest benefit for the residents of the proposed development, as well as for the neighboring property owners and general public. Specifically, plans should be developed to ensure coordination between existing and proposed site grading, retainage and drainage. Preservation and Enhancement of the Site The proposed building, driveway and retainage improvements are proposed almost entirely within areas of the site that have previously been disturbed and/or developed. Staff believes the proposed plans demonstrate that site disturbance will be minimized and properly mitigated, thus preserving the natural qualities of the site. Further, Staff believes the revised landscape plan — including substantial deciduous and evergreen tree and shrub species, ground covers and native grass and wildflower seed mixes - will greatly enhance the site while blending the building to the surrounding area. Staff encourages the applicant to study landscape (planting) and re-vegetation plans to address or enhance those areas of the site that have been previously disturbed by development. Staff reminds the applicant that as plans are further developed, a site re-vegetation and erosion control plan will be required showing details of all areas to receive native re-seeding, as well as specifying rates of application, and temporary irrigation to be used. In addition, final landscaping and re-vegetation plans should show locations where "transplanted" Sage and Rabbitbrush will be planted along or near limits of disturbance, to ensure that limits of disturbance are blended back into the natural areas of the site. Open Space Access and Use Staff believes despite limited opportunities for access and use by the residents of any usable "open space", the proposed landscaping is both functional and aesthetic, is designed to preserve and enhance the natural features of the site, allow opportunities for access and use by the residents, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff believes the applicant should continue to develop the landscape plan to incorporate more plantings on the south and east sides of the subject property, and perhaps on the neighboring properties (with express approval from the Town of Vail, the "Property Owner") to provide additional buffering and blending of the structure with the surrounding area and specifically to mitigate apparent building bulk and mass as viewed from I-70 and the North Frontage Road. Buffering Staff believes the revised landscape plan provides better blending or buffering of the building to the site. The applicant has added plantings, both on the east and west sides of the development, to aid in blending the new building and disturbed areas to the surrounding areas and specifically to provide separation (in conjunction with a fence) along the west property line between Solar Vail and Red Sandstone Elementary School. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the deve/opment. 22 Staff Response: The applicant proposes pedestrian and vehicular circulation systems which address internal and external circulation needs. The plans show an improved access drive, staging areas for Fire Department use, a hammer head designed to allow proper maneuvering and exiting, and short term surface parking spaces for office uses. The plan includes two levels of structured parking for residents and office uses. The plans also include new concrete pathways and stairs which provide access to and from the existing sidewalk along North Frontage Road. Staff believes this configuration also provides for better separation of employee housing uses on the site from the adjacent school property, by routing residents of the Solar Vail building directly to the sidewalk rather than encouraging continued travel through the school site. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed deve/opment p/an. Staff Response: Environmental Impact Report Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Hazard Areas The subject property is located within areas identified as "Medium Severity Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the applicant will be required to submit a site specific geologic investigation prior to or concurrent with any application for a building or grading permit on the site. F. Compliance with the Vail comprehensive plan and other applicab/e p/ans. Staff Response: Staff believes that the proposed plans are in general compliance with the Vail Comprehensive Plan and other applicable plans. Specifically, Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed development plan: General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 23 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 2) Conditional Use Applications and Review Criteria The applicant proposes three separate conditional uses within the project, for Professiona/ Office Uses, Tvpe VI Emp/ovee Housinp and Public Utilities Installations includinp Transmission Lines and Appurtenant Epuipment. All three conditional uses shall be reviewed separately according to Sections 12- 16-6, Criteria and Findings. Each conditional use is being proposed as "secondary and incidental to the use of employee housing". Pursuant to Section 12-61-3, Conditional Uses: "The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Tit/e: Commercial uses which are secondary and incidental (as determined by the planning and environmenta/ commission) to the use of employee housing and specifically serving the needs of the residents of the deve/opment, and deve/oped in conjunction with employee housing..." 24 Staff believes that proposed Type VI Employee Housing is a primary use, despite being classified as a conditional use. Proposed Professional Office Use, and Public Utilities Installations including Transmission Lines and Appurtenant Equipment uses are secondary and incidental to the use of employee housing. Professional Office Uses: Staff believes Professional Office use for Sonnenalp Properties administrative services represents a use that is "secondary and incidental to the use of employee housing - specifically serving the needs of the residents, who will most likely be employees of Sonnenalp Properties. These uses are proposed to occupy approximately 50% of the total square footage of office space within the building. However, Staff questions the use of office space for an architectural office as a use "specifically serving the needs of the residents of the deve/opment..." Staff recommends that, in addition to the applicant linking 3.1 beds within the development to the total office square footage, the employee housing plan is revised to specifically ensure that employees of the architectural office are provided opportunities to live on-site (live/work) to justify these office uses as "secondary and incidental" and "specifically serving the needs of the residents of the deve/opment." If this provision is made within the employee housing plan approved by the Commission, Staff believes that the intent - to ensure that conditional uses are secondary and supportive of employee housing uses - will be met. 12-16-6: CR/TER/A; FIND/NGS (in part): 1. Re/ationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed development generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes, as well as, new office space within the Town, and within close proximity (walking distance) to the Village. The development, specifically the proposed Professional Office uses, is located in close proximity to public transit routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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. 25 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas) 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes that the provision of additional, new office space within the Town and in close proximity to housing, the Vail Village and Lionshead, vehicular and pedestrian transit routes, a public school, public park and recreation facilities, and public transit will generally have beneficial impacts on the community. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic f/ow and control, access, maneuverability, and remova/ of snow from the streets and parking areas. Staff response: Staff believes the proposed conditional use will have little or no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site - for residents, business operations and guests - will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for 26 the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation — to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site — including limited office uses, housing for mostly seasonal workers and limited on-site parking - will produce a"low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 4. Effect upon the character of the area in which the proposed use is to be located, including the sca/e and bulk of the proposed use in relation to surrounding uses. Staff response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to generally work with the site while accommodating a significant amount of building (space) program. This has been accomplished working with a relatively small site with significant constraints, such as easements covering approximately 15% of the site, as well as, slopes in excess of 40% covering another 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. Benching the building into the site would require a variance to develop on slopes greater than 40%. Benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cost effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. 27 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this tit/e. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. Type VI Employee Housing: The Housing District is intended to "provide adequate sites for employee housing..." Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Although the Housing District is intended to "provide adequate sites for employee housing", Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Employee Housing Plan In accordance with the provisions of the Housing District, the applicant has submitted a conditional use permit for Type VI employee housing units. Pursuant to Section 12-13-3, the applicant has provided an Employee Housing management plan for review by the Commission (Attachment E). Section 12-13-3, sub-paragraph E, Vail Town Code, states the following: "E. Written Management P/an For Type V/ EHUs: For the purposes of this tit/e, a type V/ EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmenta/ commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type V/ EHU in accordance with chapter 16 of this tit/e. 1. Management P/an Contents: a. Parameters: The management plan shall include all re/evant materia/ and information necessary to establish the parameters of the type Vl EHUs. 28 b. Exclusive Use: The management p/an shall demonstrate that the type VI EHUs are exclusively used for and remain availab/e for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the p/an shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No /ater than February 1 of each year, the owner of a type VI EHU shall submit to the department of community deve/opment one copy of a sworn affidavit on a form from the department of community deve/opment, to establish that the EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such otheritems as the planning and environmental commission or the administrator deems necessary. " Staff believes the plan addresses each of the above parameters or criteria. Specifically, the plan outlines the number and type of employee housing units to be provided within the development and specifies that such units will be for rental purposes only. The plan specifies that rentals will be controlled by the applicant's property management company, to be housed on-site within the proposed professional office space. The plan calls for priority to be given employees working in the Town of Vail and for rents to remain "attainable". The plan calls for all units to be deed restricted per the Town of Vail requirements. Deed restrictions, to be recorded prior to the developer requesting a Certificate of Occupancy for the building, will be "by unit". The plan specifically addresses deed restricted units existing today within the existing Solar Vail building. These units total approximately 5,730 square feet. These units will be replaced in the new development and will be deed restricted under a"blanket" type deed restriction, per the recommendation of the Town of Vail Housing Coordinator. The plan proposes to link office space (4,850 square feet proposed) to employee housing units through deed restriction assignment. Specifically, the proposed office space will generate a mitigation rate of 3.1 employees. Therefore, the applicant proposes to dedicate or assign 3.1 beds to the building owner. Staff views this provision (of providing the minimum on-site mitigation) as limiting the potential for a true "live/work" situation within this project. Simply, Staff encourages the applicant to consider the number of employees that will be employed at the architectural offices planned for the site, as well as the administrative employees that will use the Sonnenalp properties spaces and to ensure that those employees are afforded an opportunity to live and work on the site. Staff recommends the employee housing plan be revised to ensure that employees of the architectural office are provided opportunities to live on-site and that the plan specifies which units will be deed restricted to mitigate office uses. In addition, the plan should be revised to specify how the 3.1 beds will be tied to dedicated parking spaces within the building. The plan specifies that the type VI EHUs 29 will exclusively be used for and remain available for employee housing. The plan should be revised to provide more details regarding provisions to ensure proper and optimal occupancy. Staff recommends the plan be revised to ensure that deed restrict unit(s) assigned to office uses (mitigation) also be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a true "live/work" opportunity is afforded to employees of any professional offices working within the building. In addition, any deed restrictions recorded will be required to meet Town of Vail regulations in place at the time of recording, including but not limited to, any future requirement to classify the restrictions as Type "CL" (Commercial Linkage) or "IZ" (Inclusionary Zoning) according to text amendments currently proposed by Community Development Staff. 12-16-6: CR/TER/A; F/ND/NGS (in part): 1. Re/ationship and impact of the use on deve/opment objectives of the town. Staff response: Staff believes the proposed conditional use generally meets several development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing currently of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units of varying sizes within the Town, and within close proximity (walking distance) to the Vail Village and Lionshead areas. The development, specifically the provision of a significant amount of employee housing, is located in close proximity to public transportation routes, vehicular and pedestrian transportation routes. Staff believes the following goals from the Vail Land Use Plan are applicable to and support the review of this proposed conditional use: 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) 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. 30 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. Staff Response: Staff believes the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, Staff believes the provision of increased employee housing density in close proximity to the Village and employment centers, public transit, vehicular and pedestrian transportation routes, a public school, public park and recreation facilities will generally have beneficial impacts on the community. However, the School District has expressed their concern regarding the increased number of employee housing units being proposed next to Red Sandstone Elementary School. Specifically, the District has stated that the continued use of the property for employee housing, and the potential continued use of pedestrian pathways from the Solar Vail site, across the School parking lot and playground to the adjacent land bridge may result in an increase in conflicts between residents of Solar Vail, and school uses. At the February 25, 2008, Planning and Environmental Commission work session to discuss the proposal, the School District suggested that the existing path from Solar Vail to the school parking lot/driveway be eliminated and that a fence be erected between the two properties to ensure that residents of Solar Vail do not continue to use the school property as a"short cut" to the transit stop and the land bridge. The applicant has responded to these concerns by revising the plans to incorporate a fence and additional landscaping between the two properties. The applicant has also revised the design of a new walkway and stairs leading from Solar Vail to the sidewalk directly to the south of the proposed Solar Vail building, These issues should be evaluated by the Commission and the applicant should be prepared to discuss new information (revised plans showing a fence and landscaping) provided. Overall, Staff believes the development will not adversely impact Town services, facilities and facilities needs. The applicant has provided a traffic impact report demonstrating that the development will have minimal adverse 31 impact on public facilities, or require significant additional public facilities (transportation improvements) to service the development in the future. As plans are developed further, and prior to or concurrent with any application for Design Review, staff suggest that a lighting plan be developed which meets the Town's lighting standards and which strives minimize the impact of exterior lighting for this building via the use of full cut-off and recessed fixtures. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic f/ow and control, access, maneuverability, and remova/ of snow from the streets and parking areas. Staff Response: Staff believes the proposed conditional use will have no adverse impacts upon traffic (congestion) in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited office usage and limited parking available on site, will reduce the amount of cars entering and exiting the development and generally encourage use by residents of public transportation. In addition, the design of the driveway improvements, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. The plans generally demonstrate that the development will function (internally) and not adversely impact automotive and pedestrian circulation, safety and convenience off-site. As well, parking provided on site - for residents, business operations and guests - will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a hammerhead is critical to the functionality of the internal circulation plan for the site. The applicant has provided engineered plans showing the turning motions (turning radii) of a typical emergency services vehicle (fire truck), demonstrating that vehicles will be able to exit the site in a forward gear on to an arterial roadway and bus route. As plans for the site are further developed and, prior to or concurrent with any application for Design Review, the applicant should develop a strategy (signage and grounds management plan) to ensure that the hammerhead is maintained in the winter months free from snow storage and accumulation — to ensure use by all vehicles, and especially emergency services vehicles. The applicant has submitted a Traffic Impact Report, dated February 25, 2008. The purpose of this report is to "determine if the redevelopment of Solar Vail will require auxiliary lanes according to State of Colorado State Highway Access Code." The Town of Vail Public Works Department has reviewed the report by Peak Land Consulting and has used the report to calculate the Traffic Impact Fee to be assessed to the project. The report generally concludes that the use of the site — including limited office uses, housing for mostly seasonal workers and limited on-site parking - will produce a"low volume" of additional traffic, thus not triggering the construction of additional right or left turn auxiliary lanes. 32 4. Effect upon the character of the area in which the proposed use is to be located, including the sca/e and bulk of the proposed use in re/ation to surrounding uses. Staff Response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Specifically, although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, Staff believes that the applicant has designed the building to fit the site and to accommodate a significant amount of building (space) program. This has been accomplished while working with a relatively small site with fairly significant constraints, such as slopes in excess of 40% covering approximately 50% of the site. The bulk, scale and massing of the building generally aligns with the contours of the site. The applicant has revised the plans to step certain portions of the building (west wing) up the adjacent slopes. However, further benching or stepping the foundation, building and roof forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. The applicant proposes a type of construction (concrete form) that is cost effective and sustainable, but that may not allow for maximum flexibility in design options. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicant's approach to the design of the proposed building. However, Staff believes the applicant and Commission should discuss the larger issues related to effective and efficient development of the site, with specific attention paid to any alternative massing of building and roof forms to better "step" the building up the site. Inherent in this discussion should be the Commission's feedback relative to a potential variance for development on slopes in excess of 40%. Critical to this discussion is the need for the Commission to provide clear direction and feedback relative to the overall bulk, mass and absolute height of the proposed building prior to the applicant proceeding forward in the development review process. The applicant should be prepared to provide justification and evidence supporting the proposed design of the structure relative to the surrounding neighborhood. 5. Such other factors and criteria as the commission deems applicab/e to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this tit/e. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 33 Public Utilities Installations including Transmission Lines and Appurtenant Equipment 1. Re/ationship and impact of the use on deve/opment objectives of the town. Staff response: Staff believes the proposed conditional use generally presents a positive relationship with, and impact on, the development objectives of the Town. Specifically, the applicant proposes to replace telecommunications antennae approved for installation on the existing Solar Vail buildings with new "vertically polarized" panel antennae. The continued service of telecommunication devices in this location within the Town of Vail is considered an important service to residents and guests, travelers and emergency services providers. Installation of multiple panel antennae on the new Solar Vail building is proposed on the east and west sides of the building; to be mounted on the top floor of the building and on "chimney" elements. The applicant proposes to paint the antennae to match the exterior color of the building materials. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. Staff Response: Staff believes that the proposed conditional use will have little or no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, staff believes that the continued provision of telecommunications devices for cellular phone service will have a positive impact on the distribution of critical utility installations including transmission lines and appurtenant equipment within the Town. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic f/ow and control, access, maneuverability, and remova/ of snow from the streets and parking areas. Staff Response: Staff believes the proposed conditional use will no negative impacts upon traffic congestion in the area. 4. Effect upon the character of the area in which the proposed use is to be located, including the sca/e and bulk of the proposed use in re/ation to surrounding uses. Staff Response: Staff believes that the proposed conditional use will have minimal adverse effect, overall, on the character of the surrounding area. Specifically, the new 34 antennae proposed generally have a flat profile and can be painted to match the exterior materials of the building without voiding the manufacturers warranty or precluding effective transmission of telecommunications (microwave) signals. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: Staff does not recommend any other factors or criteria are applicable at this time. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this tit/e. Staff Response: Based on the provisions of Sections 12-12-2, Applicability, and Section 12- 12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the requirement for an Environmental Impact Report on this already developed site. 3) Variance Application and Review Criteria The applicant proposes to construct approximately 839 square feet of the west wing of the building within areas that have been previously disturbed and that are in excess of 40% slope on the north side of the building. Based on information available (site plan) from the original 1976 architectural plans for Solar Vail, Staff believes the area behind the existing Solar Vail buildings only exceeds 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance and, therefore, maintain or provide the necessary separation between the building and sensitive areas. Chapter 21, Hazard Regulations, Vail Town Code, restricts development within such areas. Section 12-21-10, Development Restricted, Vail Town Code states (in part): "No structure shall be built in any f/ood hazard zone or red ava/anche hazard area. No structure shall be built on a s/ope of forty percent (40%) or greater except in sing/e-family residential, two-family residential, or two-family primary/secondary residentia/ zone districts. The term "structure" as used in this section does not include recreationa/ structures that are intended for seasonal use, not including residential use. " Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be required to apply for a variance to allow for construction of the structure within these areas. Section 12-17-1, Purpose, states: "In order to prevent or to /essen such practica/ difficulties and unnecessary physical hardships inconsistent with the objectives of this tit/e as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practica/ difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the /ocation of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical 35 limitations, street /ocations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or litera/ compliance with a regulation shall not be a reason for granting a variance. " Further, that: "Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The re/ationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this tit/e without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicab/e to the proposed variance." The Commission has, in previous meetings with the applicant, expressed general support for minor encroachments of building/structure to be constructed within areas of previously disturbed, 40% slope to facilitate the development of privately funded employee housing within the Town. In addition, the Commission has consistently held that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations The applicant has been required to apply for a variance and to address all applicable criteria and findings. If a variance from this specific development standard is not granted, the applicant will be required to revise the proposed development plans to specifically remove any and all building improvements from any areas of the lot identified as being in excess of 40% slope. Staff believes that the requested variance to develop a portion of the proposed structure within previously disturbed areas of the site greater than 40% slope are in compliance with the criteria as follows: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response: According to Section 12-21-1, Purpose, Hazard Regulations, Vail Town Code, the purpose of the hazard regulations is: "to he/p protect the inhabitants of the Town from dangers re/ating to deve/opment of f/ood plains, ava/anche paths, steep s/opes and geo/ogically sensitive areas; to regulate the use of /and areas which may be subject to f/ooding and ava/anche or which may be geo/ogically sensitive; and further to regulate deve/opment on steep s/opes; to protect the economic and property values of the Town, to protect the aesthetic 36 and recreational values and natural resources of the Town, which are sometimes associated with f/ood plains, ava/anche areas and areas of geo/ogica/ sensitivity and s/opes; to minimize damage to public facilities and utilities and minimize the need for relief in c/eanup operations; to give notice to the public of certain areas within the Town where flood plains, ava/anche areas and areas of geologic sensitivity exist,� and to promote the general public hea/th, safety and we/fare." As described in this memo, the applicant is proposing to develop within areas of Lot 8B that are documented as being previously disturbed by development (grading and construction of two structures). The Solar Vail re-development proposal will impact slopes in excess of 40%. However, as stated previously in this memo, Staff believes areas of Lot 8B behind the existing Solar Vail buildings only exceed 40% slope due to previous development (grading and excavation) of the parcel and that the applicant's plans minimize additional disturbance. As well, the plans — including additional site retainage and re- vegetation of slopes behind Solar Vail - could be construed as providing additional mitigation and protection against dangers relating to development of steep slopes. As such, Staff believes that the development proposal complies with the intent of the hazard regulations and that any possible negative impacts of developing on steep slopes will have been successfully mitigated. Mitigation of geologic hazards is an accepted practice as documented in the Town of Vail Hazard Regulations (ie, debris flow, rock fall, snow avalanche). 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this tit/e without grant of specia/ privilege. Staff Response: The applicant proposes to disturb approximately 839 square feet of previously disturbed area behind the existing Solar Vail buildings. Staff has reviewed plans and documents (geotechnical reports) on file for the Red Sandstone Middle School Gymnasium, Vail Potato Patch, Block 2, Lot 8A, located to the west and directly adjacent to Solar Vail. Plans for the Gymnasium were approved by the Planning and Environmental Commission on February 23, 2004. Following review of the files and plans, Staff believes that the gymnasium construction, including cuts (excavation) of 25-30 feet, was approved and completed on slopes in excess of 40%. Using survey information contained in permit plan sets for the Middle School and Gymnasium, Staff calculates the original slopes of the Gymnasium site to be approximately 44%. The aforementioned geotechnical report confirms this, by reporting that slopes within the development site for the Gymnasium were "up to 50%". Whether in error or not, Staff believes the construction of the Gymnasium, on the site directly adjacent to the Solar Vail property, was approved on slopes in excess of 40%. Therefore, Staff recommends that the requested variance for the Solar Vail development within areas of 40% slope will not constitute a grant of special privilege. 37 In comparison, Middle Creek employee housing, also within the Housing (H) District, was not permitted to develop in slopes in excess of 40%. However Staff believes that the Solar Vail site is inherently different, or unique, due to previously mentioned site constraints and the fact that large portions of the existing site exceed 40% slopes due to previous development activity. As stated above, the purpose of the hazard regulations is to protect and preserve the integrity of steep slopes and the inhabitants of the Town. Through the development of the site, areas of 40% slope will either be left in their current state, or be mitigated through the design of subterranean parking and building foundation walls, re-vegetation and additional plantings to stabilize existing slopes in excess of 40% slope. Staff believes the applicant is requesting a minimum degree of relief from the strict or literal interpretation and enforcement of the regulation in order to achieve compatibility and uniformity of treatment among sites in the vicinity, and to attain the objectives of this title without grant of a special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff Response: Staff believes the variance request will have little, if any, negative impacts on the criteria described above. The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 38 4) Variations from Housinq District Development Standards The applicant proposes two variations to the development standards established for the Housing (H) District: setback variations and parking variations. Setback Variations The applicant is proposing variations to setbacks for building improvements and for surface parking space improvements within required setbacks. Pursuant to Section 12-61-8, Parking and Loading, Vail Town Code: "12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmenta/ commission, variations to the setback standards may be approved during the review of a deve/opment plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geo/ogically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible re/ationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. " The applicant has provided a written response to each of the above listed criteria entitled Side Setback Variance Request for the Housinq (H) District (Attachment F). Staff believes that the proposed variations to certain development standards within the Housing District are in compliance with the criteria as follows: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geo/ogically sensitive areas and other environmentally sensitive areas. Staff Response: Staff believes the proposed building setback on the west side of the building will provide the necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Specifically, there are no riparian areas or other environmentally sensitive areas identified on the site, and the applicant will be required to submit a site specific geologic investigation in conjunction with any building permit application to specifically address areas of "moderate hazard rockfall" identified on Lot 8B. 8. Proposed building setbacks will provide adequate availability of light, air and open space. Staff Response: Staff believes the proposed building setbacks will provide adequate availability of light, air and open space on the site and for the surrounding 39 areas. Specifically, the proposed building is approximately ten feet closer on the western side of the property, to any buildings on the School District site. Although the proposed building is substantially higher than the existing three story structures, Staff believes that there will be no substantial impact on the distribution of light and air on the adjacent property. C. Proposed building setbacks will provide a compatible re/ationship with buildings and uses on adjacent properties. Staff Response: Approximately 300 square feet of subterranean parking (4 parking spaces on two levels below grade) are proposed to encroach within the side setback. Given the subterranean nature of the proposed encroachment, Staff believes the proposed setback of 4 feet on the west side of the property will provide a compatible relationship with buildings (a school and gymnasium) and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Staff Response: Due to several site constraints such as multiple (3) utility easements, an existing road/curb cut for access and slopes in excess of 40% covering a large portion of the site, Staff believes the proposed setbacks are the result of creative design solutions. Further, Staff believes by permitting a variation to the side setback, public benefits of a privately funded employee housing project within the Town will be realized, that could not otherwise be achieved by conformance with prescribed setback regulations. Regardless of any variation approvals, Staff recommends the applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. Parking and Loading Variation Pursuant to Section 12-61-8, Vail Town Code: "Off street parking shall be provided in accordance with Chapter 10 of this tit/e. No parking or loading area shall be /ocated within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 10 of this tit/e may be approved during the review of a deve/opment plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmenta/ commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this tit/e would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of a/ternative modes of transportation including, but not limited to, public transit or shuttle services. 40 8. A limitation p/aced in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shutt/e service, or staggered work shifts. " The Applicant is proposing to provide 81 parking spaces rather than the total spaces (106) required pursuant to Chapter 10, Off Street Parking and Loading Standards, Vail Town Code. This represents 76% of the required parking, or a 24% reduction in the number of required parking spaces. 61 spaces are provided for 82 employee housing units (74% of the required residential spaces), while 20 spaces will be reserved for office uses (100% of required office spaces). As well, 2 loading and delivery spaces (also to function as part of an approved Fire Department staging area) are provided in front of the building. Proposed parking for residential uses produces an average of .74 spaces per EHU and .38 spaces per "bed". Parking for residential (EHU) uses is proposed in a tandem configuration within two levels of structured parking. Parking for office uses (20 spaces) is provided on the second level of structured parking, and is shown on plans as being separated from residential parking. The applicant proposes to construct portions of two surface parking spaces within the 20 foot front setback and four subterranean parking spaces within the required 20 foot (west) side setback. Given the constrained nature of this development site, Staff recommends that the Commission grant a variation to allow for the construction of parking spaces within the front and side setbacks. The applicant has provided a"parking management plan" (Attachment D) outlining and addressing self imposed contractual restrictions tied to employment contracts to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. The plan proposes to assign tandem parking spaces to three and four-bedroom tenants. By way of background, the Commission provided direction at their August 27, 2007, that a variation to parking standards was appropriate, in concept, in order to facilitate development of privately funded employee housing within the Town. Staff believes the parking management plan, as submitted, starts to address the availability of alternative modes of transportation, as well as, self imposed restrictions on the number of vehicles allowed per tenant or unit. However, Staff recommends such limitations on the number of cars per unit should be explicit within the actual deed restrictions for each unit in this development. In addition, the applicant should be required to ensure that signage is installed within the parking areas designating "office" parking and "residential/tenant" parking. Pursuant to Section 12-61-8, Vail Town Code, the following criteria are applicable to review of this request for a parking variation: 41 A. Proximity or availability of a/ternative modes of transportation including, but not limited to, public transit or shutt/e services. Staff Response: The proposed development is within 1,900 feet of a public transit stop. In addition, the development is within close proximity to pedestrian pathways and is within walking distance to Lionshead and Vail Village. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. Staff Response: Staff believes the applicant should be required to amend the parking management plan to ensure the limitations proposed, assigning tandem parking spaces to 3 and 4 bedroom units, are made part of deed restrictions for each applicable unit. In addition, Staff recommends that the parking management plan, in conjunction with the employee housing plan submitted, expressly tie the 3.1 employee housing "beds" required for office uses to dedicated parking spaces within the building. In comparison to the review of a request for variation to parking standards, pursuant to Section 12-61-8, Vail Town Code, and the above listed criteria, are the "Special Review Provisions" provided in Section 12-10-20, Vail Town Code. Established via Ordinance No. 9, Series of 2000, the following findings were established to allow the Planning and Environmental Commission to review requests for reductions to the number of required parking for projects within Vail's Commercial Core areas: `A. The parking demand will be /ess than the requirements identified in section 12-10-10 of this chapter,� and B. The probab/e /ong term use of the building or structure, based on its design, will not generate additional parking demand,� and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shutt/e service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's fina/ approved deve/opment plan; and D. Proximity or availability of a/ternative modes of transportation (including, but not limited to, public transit or shutt/e services) is significant and integral to the nature of the use or business activity. In reaching a decision, the p/anning and environmenta/ commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additiona/ scrutiny by the planning and environmental commission after deve/opment plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowab/e reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. " 42 The applicant is requesting a 24% overall reduction in required parking and Staff believes the proposed parking plan meets the above criteria A-D. IX. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the site specific development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the proposed development plan, Staff recommends the Commission pass the following motion: "The P/anning and Environmenta/ Commission approves, with conditions, the applicanYs request for a site specific deve/opment plan for the So/ar Vail property, pursuant to Section 12-61-11, Deve/opment P/an Required, Vail Town Code, to allow for a redeve/opment of So/ar Vail into a mixed use deve/opment to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 88, B/ock 2, Vail Potato Patch, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the development plan for Solar Vail, Staff recommends the Commission make the following findings part of the motion: "1. That the building design with respect to architecture, character, sca/e, massing and orientation is compatib/e with the site, adjacent properties and the surrounding neighborhood, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the P/anning and Environmenta/ Commission; 2. That the buildings, improvements, uses and activities are designed and /ocated to produce a functiona/ deve/opment p/an responsive to the site, the surrounding neighborhood and uses, and the community as a whole, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the P/anning and Environmenta/ Commission; 3. That the open space and /andscaping are both functiona/ and aesthetic, are designed to preserve and enhance the natura/ features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and 43 surrounding properties, and when possib/e, are integrated with existing open space and recreation areas, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the P/anning and Environmenta/ Commission; 4. That a pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the deve/opment, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the P/anning and Environmenta/ Commission; 5. That Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed deve/opment plan, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to the P/anning and Environmenta/ Commission; and 6. That the plans are in compliance with the Vail comprehensive p/an and other applicab/e plans. " Should the Planning and Environmental Commission choose to approve the development plan, Staff recommends the following conditions: Prior to Application for Buildinp Permits The Deve/oper revise the Employee Housing Mitigation P/an to ensure that deed restrict unit(s) assigned to office uses (mitigation) a/so be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a`live/work" opportunity is afforded to employees of any professiona/ offices working within the building; 2. The Deve/oper shall revise the p/ans prior to or concurrent with any application for Design Review to ensure the minimum standards for snow storage are met on-site; 3. Prior to or concurrent with any application for Design Review, the Deve/oper shall submit a Master Sign Program and install signage within the parking areas designating "office" parking and "residential/tenanY' parking. Any p/an submitted shall included provisions regulating maintenance of the hammerhead in the winter months free from snow storage and accumulation to ensure use by all vehic/es; 4. The Deve/oper shall be required to submit a detailed and final lighting plan, showing all fixture /ocations, fixture types and lumens/output; such p/an should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application; 44 5. The Deve/oper shall be required to submit a fina/ site re-vegetation and erosion control plan inclusive of details showing all areas to receive native re-seeding and specifying rates of application, as well as temporary irrigation to be used, with any Design Review application; 6. The Developer shall submit fina/ details for Design Review for any fence to be /ocated between the Red Sandstone E/ementary School site and So/ar Vail. Detailing for any fence shall compliment and otherwise match the materia/s, textures and co/ors used on the So/ar Vail building; 7. The Deve/oper shall be required to provide a building code and fire code analysis with any submitta/ for building permit,� 8. The Deve/oper shall obtain an access easement agreement from the Town of Vail for any and all driveway, grading, draingage, retainage, planting or other ancillary improvements on, over or across Town owned Tract A. Such agreement shall be required to be executed prior to or in conjunction with any building permit application. 9. The Deve/oper submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Deve/opment Department for review and approva/ of the drawings, prior to making application for the issuance of a building permit for the So/ar Vail building improvements; 10. The Developer submits a site specific geo/ogic investigation in conjunction with any building permit application, in accordance with Section 12-21-15, Vail Town Code, for any proposed deve/opment within a mapped Rock Fall Hazard areas; 11. The Deve/oper shall address all the comments and conditions identified in the memorandum from the Town Project Engineer dated February 14, 2008, in conjunction with building permit application; 12. The Deve/oper shall pay, in full, the Traffic Impact Fee of $227, 500.00 prior to the issuance of a building permit; Prior to Requestinp a Temporarv Certificate of Occupancv 13. The Deve/oper shall revise the Emp/oyee Housing Mitigation P/an to ensure that the 3.1 deed restricted unit(s) assigned to office uses (mitigation) a/so be linked to dedicated parking spaces within the building and that the applicant continue to study the housing plan and the proposed ownership and deed restriction structure to ensure that a"live/work" opportunity is afforded to employees of any professional offices working within the building; 14. The Deve/oper shall provide the /egally executed and duly recorded Type V/ deed restriction with the Eag/e County C/erk & Recorder's Office for the on-site employee housing units, and that said units shall 45 sized according to the Town of Vail minimum size requirements according to Chapter 23, Vail Town Code, and be made availab/e for occupancy, prior to the issuance of a temporary certificate of occupancy for the So/ar Vail project. Variations from Development Standards Additionally, should the Planning and Environmental Commission choose to approve this site specific development plan with conditions, the Community Development Department recommends the Commission approves variations from the development standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for certain variations to setback and parking standards. Should the Planning and Environmental Commission choose to approve the variations from the development standards of the Housing (H) District, Staff recommends the Commission make the following findings part of the motion: Setbacks "A. The proposed building setbacks provide necessary separation between buildings and riparian areas, geo/ogically sensitive areas and other environmentally sensitive areas. B. The proposed building setbacks will provide adequate availability of light, air and open space. C. The proposed building setbacks will provide a compatib/e re/ationship with buildings and uses on adjacent properties. D. The proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. " Parkinq `A. The parking demand will be /ess than the requirements identified in section 12-10-10 of this chapter,� B. The probable /ong term use of the building or structure, based on its design, will not generate additiona/ parking demand,� C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shutt/e service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's fina/ approved deve/opment p/an; and D. The proximity or availability of a/ternative modes of transportation (including, but not limited to, public transit or shutt/e services) is significant and integral to the nature of the use or business activity. " 46 Variance The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for development within slopes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff recommends the Commission pass the following motion: "The P/anning and Environmenta/ Commission approves the applicanYs request for a variance from Section 12-21-10, Deve/opment Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to allow for deve/opment within s/opes in excess of 40%, located at 501 North Frontage Road West, Lot 8B, B/ock 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the requested variance, Staff recommends the Commission make the following findings part of the motion: "The P/anning and Environmenta/ Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties c/assified in the Housing (H) District as the P/anning and Environmental Comission has consistently he/d that the configuration of existing sites and buildings are a hardship that may justify the granting of a variance from the Town's current zoning regulations; 2. The granting of this variance will not be detrimenta/ to the public hea/th, safety or we/fare, or materially injurious to properties or improvements in the vicinity,� 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practica/ difficulty or unnecessary physical hardship inconsistent with the objectives of Tit/e 12, Zoning Regulations, Vail Town Code, due to the configuration and existing conditions of the site; b. There are exceptiona/ or extraordinary circumstances or conditions applicab/e to the same site of the variance that do not apply generally to other properties in the same district due to the configuration and existing conditions of the site; 47 X. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district due to the configuration and existing conditions of the site. Conditional Uses The Community Development Department recommends the Planning and Environmental Commission approves the request for a final review of conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. Should the Planning proposed conditional following motion: and Environmental Commission choose to approve the use permits, Staff recommends the Commission pass the "The P/anning and Environmenta/ Commission approves, with conditions, the ApplicanYs request for conditional use permits, pursuant to Section 12- 61-3, Conditiona/ Uses, Vail Town Code, to allow for Type VI employee housing units, professiona/ offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 88, B/ock 2, Vail Potato Patch, and setting forth details in regard thereto. "The P/anning and Environmenta/ Commission finds: That the proposed /ocation of the uses are in accordance with the purposes of this tit/e and the purposes of the zone district in which the site is /ocated. 2. That the proposed /ocation of the uses and the conditions under which they would be operated or maintained will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed uses will comply with each of the applicab/e provisions of this title." ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Tear pown and Re-build of Solar Vail Emplovee Housinq, submitted by GPSL Architects and dated January 28, 2008 (updated March 11, 2008) C. Copy of proposed plans dated January 25, and March 3, 2008 submitted by GPSL Architects D. Parking Management Plan by applicant E. Professional Office Conditional Use Permit Written Response by applicant 48 F. Employee Housing Conditional Use Permit Written Response and Employee Housing Plan by applicant G. Public Utilities Installations including Transmission Lines and Appurtenant Equipment Written Response by applicant H. Side Setback Variance Request for the Housing (H) District I. Letter from the Town of Vail Public Works Department, dated February 14, 2008 J. Traffic Impact Analysis by Peak Land Surveying K. Telecommunications Antennae Specification Sheet L. Variance Request for Building on a 40% Slope Written Response by applicant 49 Attachment A . � , �"'"` �. E �: ' ,i� ' li � I� � � � � � , � �4 � � ��— • y2 r �, ;x II '�'n � f 8 � . ��}�l J'-• � i r I � J .-� ._�'R k�$ � I �i� 4 S�i & � Y" � � .'.� . � x J .?! � d �. a{..' � I E � I �' °� 3 L, . . y� Ej J 38= �... Lh] , ' � � z R �.. �. ,.�! �� � s d . ' a , ' ; �' 1 ' t c� Lr ,� G .�� "�y.� 3 t. i;' f � l ' � r �f� �i� S � -'i�ht x t ,�; � w � 5 �� ' � .� ��_. _ �''-� a° x'�e�'r u :_ , y� ''�" hl � ��" ��L ns '� #,,. ' �' � - 7 � 'tr '" ' _ p py ��, 1' � I � F �F � � ��s ��' I t� � � w I . 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"��►" '�'' .���,� � � s � /'� ` ,�;„�. p�, +` S� f ,� +4 ;. ,nK •, �� �„�...4- � Q# •� ,�`y �� bi k ����� .c ] i: � ��n1' '�� ♦ �' ��r � � 1 R N s r� 4 � 4, dr M.a'Ji �'P�. .. i�.y � Y� '.: 1E . 5� MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 24, 2008 SUBJECT: A request for a final review of a variance from Section 14-3-1, Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080011) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development, LLC Planner: Bill Gibson I. SUMMARY The Applicant, Lion Square Lodge North Condominium Association, represented by Viele Development, LLC, is requesting a final review of a variance from Section 14-3-1, Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the applicant's variance request, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned Lionshead Mixed Use 1 District (LMU-1), and is located within the Lionshead Redevelopment Master Plan area. In 2006, the Applicant obtained Town of Vail approvals for a significant renovation and addition to the Lion Square Lodge North building. However, due to litigation with an adjacent property owner, construction of the project was delayed. In the mean time, Vail Resort Development Company reconstructed Lionshead Place as part of the Arrabelle project. The Applicant is requesting approval of a driveway centerline grade variance to facilitate the construction of a new snowmelt heated south driveway entrance for the Lion Square Lodge North renovations. Due to the change in street elevations caused by the reconstruction of Lionshead Place, the previously approved Lion Square Lodge North driveway plan no longer complies with the Town's engineering standards. The applicant has revised the driveway design, to the extent possible, to achieve greater conformance with the Town Code. The proposed driveway now exceeds the maximum allowable driveway slope of 12% by less than one percent for a final maximum driveway grade of 12.67%. A vicinity map (Attachment A), the applicant's request (Attachment B), and the proposed plans (Attachment C), a"no variance" alternative plans (Attachment D), and site photographs (Attachment E) have been attached for reference. III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. At an undetermined point in time, the Lion Square Lodge North development site was subdivided from the Montaneros Condominium Association property. Based upon the original development plans and associated documentation, the existing Lion Square Lodge North was originally named the "Montaneros II". According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District (CC2) and was rezoned to Lionshead Mixed Use 1 District (LMU-1) in 1999. On June 26, 2006, the Planning and Environmental Commission approved, with conditions, the major exterior alteration request for the addition to, and renovation of, the Lion Square Lodge North. On August 1, 2006, the Vail Town Council heard an appeal of the major exterior alteration and upheld the Planning and Environmental Commission's decision of approval. Due to subsequent litigation with the Montaneros, construction of the Lion Square Lodge North exterior renovation was delayed by approximately one year. In the spring of 2007, Vail Resort Development Company re-constructed the Lionshead Place street and sidewalks adjacent to the Lion Square Lodge North building as part of the Arrabelle at Vail Square project. On January 28, 2008, the Planning and Environmental Commission approved a setback variance to allow the applicant to enclose the proposed parking structure along the north property boundary. IV. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2 2.3.1 Renewa/ and Redeve/opment: Lionshead can and should be renewed and redeve/oped 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 additiona/ activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds: In order to enhance the vitality and viability of Vail, renewal and redeve/opment in Lionshead must promote improved occupancy rates and the creation of additiona/ bed base ("live beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residentia/ or lodging rooms or units that are designed for occupancy by visitors, guests, individua/s, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new deve/opment and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i. e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goa/ of this P/an that in addition to creating additiona/ bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redeve/opment Master P/an study area. 2.3.4 Improved Access and Circulation: The f/ow of pedestrian, vehicular, bicyc/e and mass transit traffic must be improved within and through Lionshead. 2.3.5 /mproved Infrastructure: The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow remova/ and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues: Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possib/e sources to fund desired private and public improvements. Title 12, Zoninq Requlations Article 12-7H: Lionshead Mixed Use — 1 Zone District (in part) 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hote/s, fractiona/ fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercia/ establishments in a clustered, unified deve/opment. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redeve/opment Master P/an, 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 desirab/e qualities of the District by establishing appropriate site deve/opment standards. This District is meant to encourage and provide incentives for redeve/opment in accordance with the Lionshead Redeve/opment Master P/an. This Zone District was specifically deve/oped to provide incentives for properties to redeve/op. The ultimate goa/ of these incentives is to create an economically vibrant /odging, housing, and commercia/ core area. The incentives in this Zone District include increases in allowable gross residentia/ f/oor area, building height, and density over the previously established zoning in the Lionshead Redeve/opment Master P/an study area. The primary goa/ of the incentives is to create economic conditions favorable to inducing private redeve/opment consistent with the Lionshead Redeve/opment Master P/an. Additionally, the incentives are created to help finance public off-site improvements adjacent to redeve/opment projects. With any deve/opment/redeve/opment proposa/ taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicyc/e access, public plaza redeve/opment, public art, roadway improvements, and similar improvements. Chapter 12-17: VARIANCES (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to /essen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this tit/e as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practica/ difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the /ocation of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street /ocations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or litera/ compliance with a regulation shall not be a reason for granting a variance. 12-17-6: Criteria and Findings: A. Factors Enumerated: Before acting on a variance application, the planning and environmenta/ commission shall consider the following factors with respect to the requested variance: 1. The re/ationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this tit/e without grant of specia/ privilege. 4 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicab/e to the proposed variance. 8. Necessary Findings: The planning and environmenta/ commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of specia/ privilege inconsistent with the limitations on other properties c/assified in the same zone district. 2. That the granting of the variance will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practica/ difficulty or unnecessary physical hardship inconsistent with the objectives of this tit/e. b. There are exceptiona/ or extraordinary circumstances or conditions applicab/e to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Section 14-3-1: Minimum Standards (in part) Tab/e 1: Driveway/Feeder Road Standards (in part) Standard Sing/e-Family, Two-Family, Multiple-Family (4 to 11 Multiple-Family and Primary/Secondary dwelling units) Commercial (more than 11 dwelling units and/or commercial Maximum Grade 10 % unheated 9% unheated 9% unheated Centerline 12 % heated 12 % heated 12% heated 16% engineered recovery area V. ZONING ANALYSIS Address: 660 West Lionshead Place Legal Description: Lot 8, Block 1, Vail Lionshead Filing 3 Lot Area: 0.95 acres (41,513 sq. ft.) Zoning: Lionshead Mixed Use 1(LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed/Required Proposed Driveway Grade, Centerline 12.00% 12.67% 5 VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested setback variance will facilitate the construction of a new snowmelt heated south driveway entrance for the Lion Square Lodge North renovations. Due to the change in street elevations caused by the reconstruction of Lionshead Place, the previously approved Lion Square Lodge North driveway plan no longer complies with the Town's engineering standards. The applicant has revised the driveway design, to the extent possible, to achieve greater conformance with the Town Code. The proposed driveway now exceeds the maximum allowable driveway slope of 12% by less than one percent for a final maximum driveway grade of 12.67%. To install the proposed 12.67% driveway and to tap the waterlines buried below Lionshead Place, the Applicant will be disturbing and rebuilding an approximately 60 foot length of the north/east lane of the street. For the applicant to physically construct the new driveway at a grade of 12%, it would be necessary for the Applicant to disturb and rebuild both lanes of Lionshead Place plus the Antlers at Vail's driveway and sidewalk. Rob Levine, representing the Antlers at Vail, has communicated their concern about the negative impacts this scenario would have to their residents, guests, and business operations. As the adjacent property owner, the Antlers at Vail supports the approval of the Applicant's variance request. Staff does not believe the proposed 12.67% driveway will adversely affect the existing and potential uses. To the contrary, Staff believes requiring the Applicant to further revise the proposed driveway grade by less than one percent will have significant negative impacts to the adjacent property owner's existing improvements. Staff also believes the additional street demolition and reconstruction that will be necessary to achieve a 12% driveway will create significant pedestrian and vehicle traffic disruptions for the general public at Lionshead Place and will cause significant business disruptions to the adjacent properties such as the Antlers, Lion Square Lodge, and Arrabelle. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. 6 VIII The requested setback variance will facilitate the construction of a new snowmelt heated south driveway entrance for the Lion Square Lodge North renovations. Due to the change in street elevations caused by the reconstruction of Lionshead Place, the previously approved Lion Square Lodge North driveway plan no longer complies with the Town's engineering standards. The applicant has revised the driveway design, to the extent possible, to achieve greater conformance with the Town Code. The proposed driveway now exceeds the maximum allowable driveway slope of 12% by less than one percent for a final maximum driveway grade of 12.67%. Staff believes the applicant is requesting relief from the strict and literal interpretation and enforcement of the driveway standards is necessary to achieve compatibility and uniform treatment of site in the vicinity, Due to the unique circumstances of Vail Resort's reconstruction of the Lionshead Place street occurring while the Lion Square Lodge North redevelopment project was delayed by litigation, Staff does not view the approval of this request as grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe the requested variance will have a negative effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, or public safety in comparison to the originally approved Lion Square Lodge North driveway. Staff also believes the additional street demolition and reconstruction that would be necessary to achieve a 12% driveway, rather than the proposed 12.67%, will create significant pedestrian and vehicle traffic disruptions for the general public at Lionshead Place and will cause significant business disruptions to the adjacent properties such as the Antlers, Lion Square Lodge, and Arrabelle. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Town of Vail Engineer has reviewed the proposal and recommends approval of the Applicant's variance request. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a request for a final review of variances from Section 14-3-1, Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: 7 "The P/anning and Environmenta/ Commission approves the applicant's request for variances from Section 14-3-1, Residentia/ and Commercia/ Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowab/e grades, located at 660 West Lionshead Circ/e/ Lot 8, B/ock 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission impose the following conditions: "1. This approval is contingent upon the applicant obtaining Town of Vail approva/ of the associated design review applications. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: ""Based upon the review of the criteria outlined in Section Vll of this Staff memorandum to the P/anning and Environmenta/ Commission dated March 24, 2008, and the evidence and testimony presented, the P/anning and Environmenta/ Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties c/assified in the Lionshead Mixed Use 1 Zone District as the P/anning and Environmenta/ Commission has consistent/y he/d that the configuration of existing sites and buildings and the reconstruction of Lionshead Place are hardships that may justify the granting of a variance from the Town's current zoning regulations. 2. The granting of this variance will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practica/ difficulty or unnecessary physical hardship inconsistent with the objectives of Tit/e 12, Zoning Regulations, Vail Town Code due to the configuration of existing site and building and the reconstruction of Lionshead Place. b. There are exceptions or extraordinary circumstances or conditions applicab/e to the same site of the variance that do not apply generally to other properties in the same district due to the configuration of existing site and building and the reconstruction of Lionshead Place. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district due to the configuration of existing site and building and the reconstruction of Lionshead P/ace. " 0 IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans D. "No Variance" Alternative Plans E. Site Photographs F. 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J �'�- 4�r �.. � _ f `� � '� ` .. -._{� � ��'• � . � �� �' �- �'�� a "�1 a�� � � , "�,- �` . ''s,. ' `' � ``` �� . } , - , � � o .r T,�i .,. � o �. r - � � � o � a �-' � K � ,_ � r : , ` � . , ^ . ,� �- . � , ,_- , , , ' ° � - �4 +��°�_, � � �y .i�, ���,. � ' � �' � �k _ a . . � +� -_ = .�:. • �` . �, o � � r- . _.. � � _: � � � '��� � ` r • r • � � _- �'�"�� � �� ��� ��LL�•� J :.� ` �r . �� � ' � �� L • ' � l0 PLANNING AND ENVIRONMENTAL COMMISSION March 10, 2008 . 1:OOpm ' ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME ������ � 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Anne Gunion None Rollie Kjesbo Michael Kurz Bill Pierce Scott Proper Susie Tjossem David Viele Site Visits: 1. Adair Residence - 3035 Booth Falls Road Driver: Bill Please note: Times of items are approximate and subject to change. 30 minutes 1. A request for a final review of variance from Section 12-6G5, Setbacks, and Section 12-6G11, Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side setback encroachment and to reduce the required on site parking to facilitate construction of an addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13t" Filing, and setting forth details in regard thereto. (PEC080002) Applicant: John and Katherine Adair, represented by Pure Design Studio Planner: Bill Gibson ACTION: Denied MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-1 (Viele opposed) Bill Gibson made a presentation based on the Staff inemo presented and clarified that a request for a parking variance is no longer part of the application to be considered. The applicant's representative, Millie Aldrich, made a presentation and addressed Staff's memo, specifically the criteria for a variance in relation to the request. The applicant expressed her intent, and her client's desire, to minimize the degree of non-conformance and to limit the proposed additions in order to respect the context of the neighborhood, adjacent wetlands and to improve existing non-conformities such as the existing driveway. She stated that the proposal being reviewed by the Commission was a change from their initial proposal. She noted that the initially proposed encroachments were already reduced by approximately 36% in response to Staff's concerns about the project. There was no public comment. Commissioner Viele questioned Staff as to the history of variances granted for this property. He asked Staff to compare previous variances to the current requests relative to the current recommendation for denial. Bill Gibson explained the previously approved variances for the existing house. He established Staff's position that the proposal would increase the encroachments into the setbacks beyond Page 1 the minimum degree of relief necessary for this house to be treated equally to other houses in the zone district. Commissioner Kjesbo expressed concern about a proposed second story addition in the setback and the proposals compliance with the review criteria. Commissioners Proper and Kurz had no comment. Commissioner Gunion noted that there are other expansion areas available that are not within the setbacks. She also expressed concern regarding the premise that wetlands present a constraint, yet the applicant proposes to encroach over the wetlands. Commissioner Tjossem had no comment. Commissioner Pierce asked the applicant to clarify the plans to span the building over the wetlands and ask about the status of obtaining utility company approvals for the proposed encroachments into the utility easements. Millie Aldrich clarified that plans to span across (over) existing wetlands and the status of the utility company review status. 5 minutes 2. A request for a final review of a development plan, pursuant to Section 12-61-11, Development Plan Required, and Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn ACTION: Table to March 24, 2008 MOTION: Kjesbo SECOND: Proper VOTE: 7-0-0 30 minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail Staff/Planner: Nina Timm and Bill Gibson ACTION: Approved, with modifications MOTION: Kjesbo SECOND: Kurz VOTE: 4-3-0 (Gunion, Proper, Viele Opposed) MODIFICATIONS(S): 1. Delete any "weighting" of the five available mitigation methods. 2. Except when on-site units are required, clarify that developers shall have the discretion to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town for review. Page 2 Bill Gibson made an introduction to Staff's memorandum, the proposed recommendations, and the draft ordinance. Nina Timm, Housing Coordinator, made a detailed presentation based upon Staff's memorandum. She described the direction given by the Commission to included "weighted" mitigation methods to incent on-site employee housing mitigation. She also described Staff's response to that direction and the recommendation of the Vail Local Housing Authority. Commissioner Gunion asked for clarification whether off-site units must be located within the Town of Vail. Nina Timm responded that all off-site units must be located within the Town of Vail. Commissioner Viele asked for clarification regarding the changes (percentage increase) being proposed for Commercial Linkage mitigation amount. He specifically asked if the change was equal to 2.5 times today's mitigation. He asked for clarification regarding the increases to Inclusionary Zoning mitigation amounts in regards to the proposed "weighted" mitigation methods. Nina Timm and Bill Gibson stated a 15% increase is proposed, over today's standard. They clarified that this equates to a total increase of 150% for fee-in-lieu under inclusionary zoning regulations. Commissioner Tjossem asked for clarification regarding the Commission's discretion regarding site specific housing mitigation plans, inclusive of off-site vs. on-sight mitigation methods that might be brought forward in the future. Nina Timm clarified the Commission would have the discretion to act on a case by case basis and make recommendations to the Town Council. Dominic Mauriello spoke to the proposed regulations. He expressed concerns that the proposed amendments are a"major re-write" of the legislation adopted in 2007 when the amendments were being presented as "minor revisions". He expressed concern regarding the original nexus study and the premise that mitigation rates proposed in the draft regulations were established on specific generation rates supported by the nexus study. He stated the proposed regulation will disproportionately establish a mitigation rate for Inclusionary zoning twice what was originally established by the nexus study. He urged the Commission to table the application, so the Town Council can not take action on the request. He encouraged additional public outreach, to allow ample time to further study the proposed revisions. He expressed concern that the pay-in-lieu fee increase is actually 250%; not 150% as reported by Staff. He continued by reiterating his concern regarding the magnitude of change to the required mitigation. He stated support for deed restricting off-site units (existing) within the Town, as a cost-effective alternative to regulating the provision of costly on-site mitigation. He stated that the goal should be "heads in beds", not that all mitigation options should be equally painful to developers. He voiced concern that the proposed weighted mitigation methods would by default require 100% on-site housing. He stated that the regulation language will preclude the Commission from using discretion in evaluating a housing plan against the criteria proposed and that the Staff and Commission Page 3 should consider including language that excludes not-for-profit employers from the regulations. He presented the Commission with a letter from the Vail Valley Medical Center. Finally, he stated there are no carrots (incentives) and are only sticks. Commissioner Gunion asked Staff to clarify ".11" as an employee generation rate related to residential development and Inclusionary Zoning. Nina Timm clarified. Commissioner Pierce noted the Commission did not agree with the Town Council when Inclusionary Zoning was not based upon the same nexus study as Commercial Linkage. Nina Timm noted that the adopted Inclusionary Zoning requirements were based upon the nexus, plus the secondary impacts of residential development. Jim Lamont, Vail Homeowners Association, asked for clarification on the proposed regulations, Appendix B. He then asked for clarification regarding provisions to allow for variances to the parking standards as an incentive to facilitate the provision of employee housing on-site. Nina Timm explained Staff did revise the language to allow the Commission the discretion to allow variances to parking standards in order to facilitate on-site mitigation Jim Lamont expressed concern regarding the Town's authority to preclude a developer's ability to provide housing mitigation outside the Town, while the Town has the ability to provide housing for its own employees outside of the Town. The Town will then have the ability to deny private industry to the same benefit that the Town enjoys. He believes this is a restraint of trade issue. Staff clarified payment-in-lieu as a mitigation method allows the Town Council, with recommendation from the Housing Authority, to determine where to spend any fees paid. Commissioner Kjesbo questioned Dominic Mauriello's statements regarding the costs to provide on-site housing. Dominic Mauriello reiterated his concern that the regulations, as proposed, were a"stick", not a "carrot". He continued, stating under the proposed regulation, there will be no cost effective means to deviate from providing housing on-site within a given development site. Commissioner Kjesbo noted that the Lionshead Redevelopment Master Plan recommends EHUs be provided on-site. Commissioner Proper stated he believed the Staff did not adhere to the direction given by the Commission to provide a framework for evaluating housing plans according to criteria and instead has fundamentally re-written the existing legislation. Commissioner Tjossem expressed concern the Staff has presented a regulation that will make the process (to evaluate housing mitigation plans) more difficult to administer. She stated that the mitigation methods should be pain-free, not equally painful. Commissioner Proper expressed his concern regarding the effect that the proposed regulation will create. Page 4 Commissioner Viele stated he believes that the proposed regulation will be challenged in court and that the regulations are fundamentally a growth control mechanisms. He agrees with Mr. Mauriello's statements and suggested that the core issue is growth control via taxation on developers. He stated the issue is not about employee housing, but is rather about a tax deferred subsidy to employees. He continued by stating the more Inclusionary Zoning that is required for a particular development project, the higher the price of free-market housing needed to make up the amount of subsidy provided by the developer. He estimated that the current subsidy (burden) to developers in the Town of Vail is 15% - 20%. He agrees that the proposed regulation is a complete re-write of existing legislation without input form citizens. He expressed his extreme displeasure with the Staff's recommendations. He stated he does not believe Staff has conducted enough due diligence with regard to public outreach, interviewing the development community and analyzing the economic impacts of the proposed regulation. He believes the work presented has been "done in a back room" and that the proposed regulation should be opened up for public review — that the public notice requirements have been inadequate and have failed. Commissioner Tjossem asked if a work session with Town Council will be possible. George Ruther stated a work session is appropriate and that Staff would work to schedule such work session on March 18, 2008. He continued, urging the Commission to take action to forward a recommendation of approval, approval with conditions or denial of the application to the Vail Town Council. He cited Staff's record of appearing before the Commission numerous times to address the Commission's concerns and requests and to put forth revisions addressing those concerns. Commissioner Kurz stated he believes Staff has presented exactly what the Commission had asked for previously. Additionally, this is a community based recommendation. He urged his fellow Commissioners to act on the application, not to table. Commissioner Proper disagreed with Commissioner Kurz, stating he believes that Town Staff has taken it upon themselves to re-write the regulation. Commissioner Viele agreed. Chairman Pierce did acknowledge the public should be involved in such revisions to a"major piece of legislation", however he also expressed comfort with the Commission's charge to act on such applications given adequate public notice and that the Town Council will ultimately decide on the matter, as a community issue. Commissioner Viele stated he agrees that employee housing is a community issue. Commissioner Gunion stated the Inclusionary Zoning regulation should be tied to the nexus study. She expressed concern regarding the proposed mitigation rates in relation to the original nexus study; that the proposed numbers are disproportionate to the mitigation required of new residential developments to "make up for the sins of our fathers". She clarified the proposed regulation (and numbers/facts provided) will not achieve the original goal by the Commission to clarify the criteria for evaluating housing mitigation plans. She further expressed support for allowing developers to provide housing outside the Town of Vail. The focus of any qualitative changes to the regulation should aim to ensure that housing is provided no matter where or how much it costs. Page 5 Commissioner Kurz expressed concern regarding the convoluted nature of the discussions that have transpired. He reminded the Commission that the developers who have spoken asked for clear expectations and stated "If I know the requirements, I can solve for them." He expressed concern regarding the proposed numbers (mitigation rates) presented, yet reiterated his request for the Chairman to call the vote. Commissioner Kjesbo clarified that the Commission did ask for "the numbers" of how mitigation rates would impact a given development. He expressed concern that unless the regulation is written correctly, no on-site housing (mitigation) will occur in the future and the Town will be left with a further deficit of employee housing within the Town. He expressed support to further incentivize on-site mitigation methods. Commissioner Viele asked Staff for clarification regarding the Housing Authority's recommendations. Nina Timm clarified the recommendations of the Authority. She stated the Authority's recommendations were to keep all methods of mitigation rates the same, but to require at least half of the requisite mitigation on-site. Chairman Pierce clarified the analysis provided to the Commission by Dominic Mauriello, stating that the analysis presented used different factors than are used in the existing Town of Vail nexus study an ordinances; that his analysis was essentially comparing "apples to oranges". Jim Lamont reiterated his concern regarding the proposed incentives to allow discretion (variances) in the number of parking spaces to be provided in new developments. He also expressed concern and asked for clarification regarding the possible reduction in required (minimum) square footage required per employee (bed) from 250 to 350 square feet as it related to the Timber Ridge redevelopment proposal by Lincoln Property Company. Dominic Mauriello suggested that language within the proposed regulation should be revised to clearly state "50% of required mitigation has to be mitigated on site"; "the remaining 50% is (expressly) at the discretion of the developer to provide — either within or outside the Town". Chairman Pierce reiterated the goals of the regulations have been to ensure and encourage housing the Town's workforce within the Town. Nina Timm reminded the Commission that an express goal of the Town is to ensure that 30% of employee housing is provided within the Town of Vail. George Ruther requested the Commission take action to forward a recommendation for approval, approval with conditions, or denial of the application to the Vail Town Council. He offered to schedule a work session between the Planning and Environmental Commission and the Council on March 18, 2008. Commissioner Proper stated he feels the existing legislation is relatively untested and that changing the regulations is pre-mature. He feels the proposed 50% requirement for on-site units is unjustified. Commissioner Kurz asked for clarification from Staff regarding establishing a 50% goal or mitigation rate. Page 6 Nina Timm reported that Staff had discussed the proposed figure (50%) and did certain feasibility analyses, applying a 50% mitigation rate to existing projects such as Arrabelle to "test" the figure. She reiterated the Housing Authority had reviewed the proposed regulation and had rendered recommendations. Commissioner Proper questioned Staff further regarding the actual source of Staff's recommended figure of 50%. Dominic Mauriello stated that he did his own investigation, speaking to the same developers, employers and or employees that Staff interviewed. He disagrees with Staff's estimates on the number of employees to be generated by a given employer. He feels that Staff's proposed numbers (employee generation rates) are not accurate. Chairman Pierce called for the Commission to vote on the application as presented. Commissioner Kjesbo made a motion to approve the regulation, with the following changes that at least half the mitigation be met with on-site units with discretion given to developer to use any of the methods for the remainder. Commissioner Kurz seconded the motion and asked for clarification regarding the motion to revise the existing regulation to require 50% of the required mitigation on-site, and to allow 50% of the required mitigation to be provided off-site. Specifically, he asked if Commissioner Kjesbo intended to limit the 50% off-site mitigation to those areas within the Town boundaries. Commissioner Kjesbo affirmed that any off-site mitigation should be provided within the Town's boundaries. George Ruther reviewed the changes proposed by the Commission and clarified, from Staff's perspective that the only proposed amendment to the existing regulations was to further regulate that 50% of any required mitigation be provided on site; that no criteria (as previously asked for by the Commission) are being proposed or acted upon at this time. Commissioner Proper asked about whether the origin of the percentages was arbitrary. Commissioner Pierce acknowledged it is arbitrary. Commissioner Kurz responded in agreement. Commissioner Proper stated that supporting a motion whose basis the Commission acknowledged is arbitrary was ridiculous. Commissioner Viele stated that the motion was arbitrary and presupposes the Town's knowledge. The proposal is onerous and unacceptable. Bill Gibson asked the Commission for clarification regarding proposed revisions made: on Page 47, Commercial Linkage — strikeout language regarding the weighted methods of mitigation. The examples will be modified to reflect the proposed changes. He also confirmed that the Commission supported the remaining "clean-up" amendments to the Town Code, Dominic Mauriello suggested changes to square footage requirements for Type III EHUs. Page 7 Bill Gibson clarified that no changes were necessary for Type III EHUs, since new Type VII EHUs were being created to explicitly address Inclusionary Zoning and Commercial Linkage. Commissioner Viele stated that the record should show that the reason any modification was made was due to the fact that the Commission found the proposal to be unacceptable; amendments to ensure that 50% of mitigation was provided on-site were included in the motion as a compromise to keep the regulation (review) moving forward. 30 minutes 4. A request for a final recommendation to the Vail Town Council, for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, to establish procedures for approving public art in private development, and setting forth details in regard thereto. (PEC080004) Applicant: Town of Vail Planner: Rachel Friede ACTION: Approved MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 Rachel Friede gave a presentation per the Staff inemorandum. Leslie Fordham was available for questions. Nancy Sweeny asked for clarification of if there is a pay-in-lieu option. Rachel Friede answered that the proposed text amendments only include provisions for development plans that include public art. Special Development Districts can still negotiate to contribute to AIPP, but that is a separate process. Nancy Sweeny noted that this is an important funding opportunity for AIPP projects. Scott Proper questioned how these regulations related to funding or allocation of funds for art. Commissioner Pierce clarified that in an SDD scenario a developer may propose public art to off- set impacts. Commissioner Viele clarified that these regulations only apply if a developer chose to provide art. Nancy Sweeny noted fee-in-lieu should be maintained as an option for developers. Rachel Friede clarified that public art is not a requirement, but a voluntary contribution as part of proposed mitigation of development impacts. 5 minutes 5. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12- 7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025) Page 8 Applicant: Planners: ACTION: MOTION: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates Warren Campbell/Scot Hunn Table to March 24, 2008 Kjesbo SECOND: Proper 6. Approval of February 25, 2008 minutes MOTION: Kjesbo SECOND: Tjossem 7. Information Update VOTE: 7-0-0 VOTE: 7-0-0 8. Adjournment MOTION: Kjesbo SECOND: Kurz 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 March 7, 2008, in the Vail Daily. Page 9 W � o 0 N u � � « N � V C li ES^ 2m 30 aEm € Oo r�� �. a a r E�� E o �U�E., F _ .. _ oi £ 5 FbE E ��a � aU v �' — F S � `o �' E nF� �. A�..C+: PROOF OF PUBLI.CA7101 STATE OF COLORADO _SS. COUNTY OF EAGLE i, Steve Pope, do solemnly swear that I am the Pubiisher of The Vail ___.,, ..._. ,,,,, „u, per printed, in whole or in part and pubiished 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 Eagie for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 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 ........�.... consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ..... ��� . ........... ................... A. D. ... .: .. .D,�.. ... and that the last pubiication of said notice was in the issue of said newspaper dated...� i����l/i.'.��. A.D. .......��� ..... ................... In witness whereof I have hereunto set my hand this ..��day of ......//�t���-��O . .. ..................... .. ... ................... Publisher Subscribed and sworn to before me a notary public in and for the County of Eagle, State of Colorado, this ......C.�'.�:�......... day of ....��.1. [�r,-�s^'�::f.�� My Commission expires . iy TawN o� vArL �' 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, March 24, 2008, 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 major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by JG Johnson Architects Planner: Nicole Peterson A request for a final recommendation to the Vail Town Council of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080008) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior Alterations Or Modifications, and conditional use permit pursuant to Section 12- 7H-3, Permitted And Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day Lot with a structure containing Type III employee housing units, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to facilitate the construction of a public building, grounds, and facilities (transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010) Applicant: Town of Vail Planner: Warren Campbell/George Ruther A request for a final review of a variance from Section 14-3-1, Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080011) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development, LLC Planner: Bill Gibson A request for a final review of a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of improvements within slopes equal to or greater than 40%, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC080012) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. 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 March 7, 2008, in the Vail Daily. � � F� U �, a� ra � � � � wW �N � � � 0 a � d' W W Q �a O U ���� � ro � �o� b � .� ��°�b •O u U id �°� � a p co a � ❑.°_,' o Y a � U p � "' o � +`� a� �� �b Y � � � ,. 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