Loading...
HomeMy WebLinkAbout2008-0623 PECPLANNING AND ENVIRONMENTAL COMMISSION June 23, 2008 12:00 Noon TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT 12:00 pm (Lunch Provided) T.O.D. Presentation -Michael Yerman 60 Minutes Parking Task Force -Greg Hall 45 minutes A request for a final recommendation to the Vail Town Council of a proposed update and review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC080020) Applicant: Town of Vail Planner: George Ruther ACTION: MOTION: SECOND: VOTE: 20 Minutes 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5 Minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to July 14, 2008 MOTION: SECOND: VOTE: 4. Approval of June 9, 2008 minutes MOTION: SECOND: VOTE: 5. Information Update 30 Minutes Environmental Strategic Plan -Bill Carlson Page 1 6. 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 June 20, 2008, in the Vail Daily. Page 2 MEMORANDUM TO: Town of Vail Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council of a proposed update and review of the Vail Village Master Plan, pursuant to Section VIII-B, Adoption, Extensions, and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC080020) Applicant: Town of Vail Community Development Department Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, Town of Vail Community Development Department, represented by George Ruther, is requesting a work session with the Town of Vail Planning & Environmental Commission to discuss a proposed update to the Vail Village Master Plan. The proposed update has been initiated by the Community Development Department pursuant to Section VIII (B) of the Vail Village Master Plan. The purpose of this work session is to: 1. Share the comments and input the Community Development Department has received on the master plan update process to date; 2. Review the existing goals, objectives, policies and action steps of the master plan; and 3. Outline the next steps in the review process for updating the Vail Village Master Plan. As this is a work session, staff will not be providing a formal recommendation at this time. Staff requests that the Planning and Environmental Commission tables this application to the July 14, 2008 public hearing. II. BACKGROUND On January 22, 2008, the Vail Town Council instructed staff to prepare and update to the Vail Village Master Plan. The purpose of the update is to address the six major goals outlined in the master plan, acknowledge the actions steps that have been completed in keeping with the master plan, and to identify the next series of actions steps needed to further implement the goals, objectives and policies of the master plan. On April 28, 2008, the Town of Vail Planning & Environmental Commission held a public hearing on the update. At that time, the Commission expressed their collective support for the updating process outlined by the Community Development Department and encouraged the staff to complete a public participation process which was inclusive of the community, property owners, and business owners in the areas affected by the master plan. On April 16, May, 1, May 13, May 23, and June 10, the Community Development Department met with members of the 1990 Town of Vail Planning & Environmental Commission, Vail Chamber & Business Association Board, Vail Economic Advisory Council, Meadow Drive Business Partnership and the Vail Chamber & Business Association membership to share information with the community about the master plan update and to gain input on the process. III. DISCUSSION ITEMS Overview of the Goals, Objectives, Policies and Action Steps Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Finally, action steps are suggested as immediate follow-up actions necessary to implement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. 2 GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. 1.1 Objective: Implement a consistent development review process to reinforce the character of the Village. 1.1.1 Policv Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.2.2 Policv: Development and improvement projects constructed shall be coordinated to minimize the unintended negative consequences associated with construction activity in a pedestrianized, commercial area. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. GOAL #1 Action Steps: 1. Develop and adopt an overlay zone district implementing the Vail Village Master Plan. (Completed) 2. Study an impact fee system to reduce the public burden of providing infra-structure and public services to new development. (Ongoing) 3. Prioritize public improvement projects within the Village area. (An original prioritization was completed. A re-prioritized list needs to be done for future development and redevelopment) 3 Develop and adopt an annual construction activity schedule for development and improvement projects in the Village with special attention given to the use of the Town's right-of-way and the potential negative impacts on the resident and guest experience. Explore the impacts of amending the definition of a "building story" as defined on the Conceptual Building Height Plan to allow for an increase in the floor-to-floor height to greater than 9 feet. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR- AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. 2.1 Objective: Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policv: The zoning code and development review criteria shall be consistent with the overall goals and objectives- of the Vail Village Master Plan. 2.2 Obiective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policv: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.3 Objective: Increase the number of residential units available for short term overnight accommodations. 2.3.1 Policv: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, 4 and streetscape improvements to the pedestrian network throughout the Village. 2.4.2 Policv: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.5.2 Policv: The town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate budding renovations without compromising life, health and safety considerations. 2.6 Objective: Encourage the development of affordable housing units in Vail Village through the efforts of the private sector. 2.6.1 Policv: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policv: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policv: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. 2.6.4 Policv: Employee housing may be developed in the Village when required by the Town's adopted Zoning Regulations. GOAL #2 Action Steps: 1. Initiate zoning code modifications to clarify the Urban Design Guide Plan's authority to cover those areas outside of; Commercial Core I that are referenced by the Urban Design Guide Plan. (Completed. Sections 12-78-7 (A)(6) & (8) of the Zoning Regulations have been amended to include the requisite compliance with the Urban Design Guide Plan) GOAL #3: TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.2 Policy: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policv: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Objective: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. 3.3.1 Policv: The Town encourages a regulated program of outdoor street activity in predetermined locations throughout the Village. 3.3.2 Policv: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.1 Policv: Physical improvements to property adjacent to stream tracts shall not further restrict public access. h 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. GOAL #3 Action Steas: 1. Initiate a comprehensive lighting plan for all public spaces in Vail Village. (Completed as part of the Town of Vail Streetscape Master Plan, 1990 and the Town of Vail Streetscape Master Plan Addendum 2004) 2. Amend the Design Review Guidelines to recognize the concept of "winterscape" in the evaluation of landscape plans.(Ongoing) 3. Identify locations and funding strategies for the development of additional public restrooms in the Village. (Completed. Public restrooms have been constructed at the Mountain Plaza and on Wall Street beneath the Vendetta's outdoor dining deck) 4. Study walking-only paths and stream access on public property. (Completed) 5. Initiate the Vail Village Streetscape Improvement Plan to serve as a concept plan for subsequent improvements to public places in the Village. (Completed. A Town of Vail Streetscape Master Plan was adopted in 1990 with an addendum adopted in 2004. The Village Streetscape project was completed in 2007) 6. Designate an Arts in Public Places Board to produce and/or review proposals for public art along pedestrian ways. (Completed) 7. Expand the summer flower planting program and encourage private sector participation. (Ongoing) 8. Improve traffic control systems--effectiveness and appearance. (Completed in 2007 as part of the Village Streetscape project) 9. Monitor time zoning and revise as possible. Continue to explore alternative service/delivery mechanisms, especially an off-site warehouse with small vehicle distribution in the Village. (Dispersed loading/delivery facilities have been constructed. Ongoing opportunities remain) 10. Construct new sidewalks and recreation trails as per the Recreation Trails Master Plan--Core Area Detail. (Ongoing) 7 GOAL #4: TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. 4.1 Objective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.1 Policv: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. 4.1.2 Policy: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. 4.1.3 Policv With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. 4.1.4 Policv: Open space improvements including the addition of accessible greenspace as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. 4.2 Objectives: Improve and expand the opportunity for active and passive recreational activity throughout the Village. 4.2.1 Policv: Continue the implementation of the Ford Park Master Plan as this will provide important recreational opportunities to residents and guests. GOAL #4 Action Steps: 1. Develop pocket parks with passive recreational improvements including benches, paths, children's play facilities and stream access in appropriate Town-owned parcels. (Ongoing) 2. Evaluate opportunities for the purchase of additional parcels for open space and/or public use. (Completed as part of the Town of Vail Comprehensive Open Lands Plan, 1994) 3. Explore the "Mill Creek Retail Area" as part of the Village Streetscape Project. (Completed) 4. Connect streamwalks to other walkways and pocket parks in order to integrate and enhance the total pedestrian network. (Ongoing) 5. Revegetate disturbed areas along stream tracts. (Ongoing) 6. Improve or remove the Willow Bridge pedestrian bridge. (Completed improvements) 7. Restore the Town snow dump, including stream tract, to its natural state. (Completed) 8. Explore the feasibility of expanding Ford Park to the west to Vail Valley Drive and/or Slifer Plaza GOAL #5: INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND AESTHETICS OF THE TRANSPORTATION AND CIRCULATION SYSTEM THROUGHOUT THE VILLAGE. 5.1 Objective: Meet parking demands with public and private parking facilities 5.1.1 Policv For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. 5.1.2 Policv: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. 5.1.3 Policv: Seek locations for additional structured public and private parking. 5.1.4 Policv Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. 5.1.5 Policv Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 Objective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 9 5.2.1 Policv: The Town shall continue to provide an efficient transit system and increase service levels as needed to meet demand. 5.2.2 Policv: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 5.3 Objective: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. 5.3.1 Policv: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. 5.4 Objective: Improve the streetscape circulation corridors throughout the Village. 5.4.1 Policv: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. 5.4.2 Policv: Medians and right-of -ways shall be landscaped. GOAL #5 Action Steps: Construct vehicular circulation and signage improvements designed to reduce unnecessary traffic into the Village core. (Ongoing) 2. Continue to monitor traffic flow through the 4-way stop area and study alternatives available to increase efficiency of this intersection and' meet future traffic demands. (Completed as part of the Main Vail Roundabout Project 1997) 3. Continue to study the feasibility of a "people mover" or other public transportation alternatives to augment or replace the existing shuttle system. (Ongoing) 4. Village parking policies (both parking requirements and properties eligible for paying into the parking fund) following the completion of the Town's Parking and Transportation Study. (Completed. In 2000, the both the parking requirements for properties in Vail Village and those properties eligible for pay in lieu were amended in the Zoning Regulations) 5. Study the feasibility of an underground (recreation fields would remain), parking structure in Ford Park. (Ongoing) 10 GOAL #6: TO ENSURE THE CONTINUED IMPROVEMENT OF THE VITAL OPERATIONAL ELEMENTS OF THE VILLAGE. 6.1 Objective: Provide service and delivery facilities for existing and new development. 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policv: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. 6.2.2 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. GOAL #6 Action Steps: 1. Study feasible alternatives for providing long range solutions for loading and delivery functions in the Village. (Completed. Dispersed loading/delivery facilities have been constructed) 2. Work closely on an ongoing basis with Upper Eagle Valley Water and Sanitation District to ensure adequate water and sewer facilities to accommodate future development. (Ongoing) 3. Study feasible alternatives for centralized trash facilities in the Commercial Core I area. (Ongoing) 4. Work closely with the Vail Village business owners, property owners, lodge owners, residents and all other potentially affected parties on an ongoing basis to optimize the use of the Town's dispersed loading/delivery facilities and minimize the use of the Town's right of way for loading/delivery activities. 11 IV. NEXT STEPS The following dates outline the next steps in the review process of the Vail Village Master Plan: • June 24t" -Commission on Special Events meeting • June 26t" & 27t" -Meetings with Vail Village property owners • July 1St -Vail Town Council worksession and progress update • July 8t" -Vail Economic Advisory Council meeting • July 14t" - Town of Vail Planning & Environmental Commission recommendation to the Vail Town Council • July 15t" -Vail Town Council public hearing on the updating resolution V. STAFF RECOMMENDATION As this is only a worksession, staff will not be providing a recommendation at this time. 12 M ~--i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: • Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, Allowing amendments to conditional use permits to be reviewed administratively. Employee Housing Units (EHUs) The Commission and Town Council recently amended the Town Code to allow many Types of EHUs to be permitted uses, rather than as a conditional use, as part of the amendments to the Commercial Linkage and Inclusionary Zoning regulations. In keeping with this example of improving the efficiency of the Town's development review process, Staff is proposing that all types of EHUs be permitted uses, rather than conditional uses. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are allowed. Currently the Founder's Parking Garage, located between Hanson Ranch Road and Gore Creek Drive in the Vail Village, is the only property located within the Parking District. The only permitted use in that district is "private or public unstructured off street vehicle parking" and Type III EHUs are conditional uses. Staff is proposing that EHUs become the second permitted use in this district. The Parking District is unique in that there are no prescribed development standards. Asa "clean-up" to this district's regulations, Staff is proposing that all development standards be established by the Planning and Environmental Commission similar to the General Use and Housing Districts. The specific text associated with this "clean-up" is located in Section 23 of the attached draft Ordinance No. 12. Communications Antennas and Appurtenant Equipment Communications antennas such as cellular phone antennas are predominantly located in the General Use, Housing, and Commercial Core III Districts on the water tanks, Middle Creek building, the Owest Tower, Solar Vail, Red Sandstone School, and the Brandess Building. The antennas were all approved as conditional uses with the only conditions being related to design. Therefore, Staff is proposing to allow such antennas as permitted, rather than conditional uses, in these three zone districts. Communications antennas such as the town-wide wi- fi service antennas are located in a variety of other zone districts. Staff is proposing that communications antennas remain allowed as conditional use in the Town's other zone districts. Asa "clean-up" to the Town's design guidelines, Staff is proposing the following basic standards be applied to all communications antennas: "14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. " This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12. 2 Automated Teller Machines (ATM's) There has been inconsistency in the Town's regulation of ATM's located on the exterior of buildings. Some existing ATM's were reviewed through the conditional use process as a "bank and financial institution", while others were simply reviewed through the design review process. ATM machines are currently allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail. Staff is proposing to allow ATM's as permitted use in those zone districts that already allow banks and financial institutions and the Public Accommodation District. These proposed text amendments will not affect ATM's located inside a business. Conditional Use Permit Amendments The Town's current conditional use permit regulations, Chapter 12-16, Vail Town Code, do not address amendments to a previously approved permit. Since there is no defined process to address these requests, historically any amendment to an active or existing conditional use permit has been reviewed as if it were an application for a new permit. Staff believes a conditional use permit amendment review process must be formally established in the Town Code. Staff believes some amendments to an existing permit are minor in nature and do not warrant review as if the request was a new conditional use permit application. Therefore, Staff is proposing minor permit amendments be reviewed administratively, while more significant amendments, as determined by the Administrator, remain under the purview of the Planning and Environmental Commission. Staff is proposing the following addition to Chapter 12-16, Conditional Use Permit, Vail Town Code: "12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter." This proposed amendment is located in Section 27 of the attached draft Ordinance No. 12. Additional Text Amendments Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town Code, to define the terms "accessory use", "conditional use" and "permitted use"; and to clarify the definition of "public utility and public service uses". These proposed amendments are located in Section 1 of the attached draft Ordinance No. 12, Series of 2008 Notification Currently the results from the Administrative review of design review applications are listed on the Design Review Boards's agendas as an information update item. This informs the public, the Board, and the Town Council of what applications have been reviewed by the Town Staff, it allows the public, the Board, and the Town Council the opportunity to ask Staff questions about the applications and the administrative actions, and affords all three groups the opportunity to "call-up" or appeal any administrative action. Staff is proposing to also lists all conditional use permit amendments that have been administratively reviewed on the Planning and Environmental Commission's agendas under information update for the same purposes. Conditional Use Permit Certificates Historically, conditional use permits in the Town of Vail have been issued and tracked through archived Planning and Environmental Commission memorandums and minutes, and are now issued and tracked with a computer generated Commission action form. The Town has historically not issued an actual permit with the approval of a conditional use permit application. So, similar to a Certificates of Occupancy, the Town will begin creating and issuing actual Conditional Use Permit certificates (suitable for framing) with the approval of a conditional use permit application. A sample of these certificates has been attached for reference (Attachment B). III. BACKGROUND The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. 4 In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. The Commission held a work session at its June 9, 2008: Staff believed the same goals of achieving time and financial savings can be achieved without creating a new or additional review process. The Commission discussed the following alternative amendments: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Lionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) 6 12-3-7: AMENDMENT: C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 7 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation -Overall Study Area 4.8 Parking 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of . 75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. Visual Issues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housin The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed- restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of 1-70 impacts and managed growth. Goal #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town's boards, commissions and committees regarding goals and purposes for regulation. 10 • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-restricted rental and for-sale units required of both private and public projects has increased. The diversity of deed-restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support the housing vision. Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. 11 VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. This will positively impact the Town government and the public. Therefore, Staff believes the proposed text amendments are consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will better implement and better achieve the adopted goals, objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. Of all those applications, only 4 were denied (a real estate office at the VVI, an outdoor dining deck in Vail Village, a Type II EHU on Forest Road, and employee housing at the Town's Public Works facility). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes the proposed text amendments will create substantial time savings for applicants, Staff, and the Commission for certain applications. Additionally, Staff believes the proposed text amendments will create cost savings for the Town, which currently processes applications at a financial loss. The time and financial savings achieved by these amendments were discussed in detail at the Planning and Environmental Commission's June 9, 2008, hearing and are highlighted in the attached power point presentation (Attachment B). 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 12 The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the text amendments outlined in the attached Draft Ordinance No. 12, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's June 23, 2008, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 13 VIII. ATTACHMENTS A. Draft Ordinance No. 12, Series of 2008 B. Conditional Use Permit certificate C. Power Point Summary 14 0 0 N O N 'i N N a ~~ }+ ~ •^ ^ . - O _ to ~ ~ ~ > V ~ ~ O ~ ~ ~ ~ .. - ~ ~ ca ~ . - p ~ > ~ ~ L ~ ~ ~ ~--+ ~--+ L O ~ O O ~--+ ~ O ~ O ~ ~ ~ ~ > _ ~() ~cn V O O ~~ O V ~ > > O ~ ~ • O ~ ~ ~ C6 O ~ ~ ~ O o~ ~~ ~~ N ~'~ ~~ ~~ •~ ~ C6~ ~ ~ O ~~ ~~ ~~ Z v~ ~~ ~'~ ~ ~ ~ ~ ~ v ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ O U ~ U U ~ ~_ ~ ~ U ~ ~ ~ O ~ O ~ O cn 0 • • • ~ _ ^_ ~_+ L ~--+ }~ ~ ~_+ ~ ~ ^ O ^~ ~ ~ ~ . ~ ~ U ~ ~ C6 ~ ~ ~ a ~ ~ U ~ ~ ~ ~ ~~ O ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ._ v ~ o ~' ~ ~ ~ = ~ ~ ~ U ._ o _ ~ ~ ~ a ~, ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ U ~ ~ ~ ~ ~ ' ~ . ~ ~ o ~ ~ ~~ - ~ w U ~? Q > ~ DC • • • • v , ' ^ U ._ ~ O ~~ W _ \ ' / O ^^ `` V ~ ~ O ~ U_ ' ~ ~ ^~ ~ U ._ ~ U ~ w ~ L ~ V • ~~ L ~ O ' L Q . ~/ ~ L ~ O L ~--+ •~.+ U ' ~ ~ O ~ ~ ~ ~ ~ U a , O ~ c n O ' ~ O ~ ~ ~ ~ O ~ O O ~ ~ ~ M ti ~} ni n n n • • • • 'V^! ^V `! W U O ^~ W .^-` /~ O C6 U U L Q ~ x ~ ca ~ •~ . ~ O ' ; ~--+ o ' ~ ~ ° ~ Q ~ ~ U . ~ ~ w ~ L O O L ~ ~ O ~ 00 CO N ~ CO f~} n n n • • • • .~ O U C H `~~ L ~..~ L V 0 0 N i O O 0 c~ U ^~ I..L U C~ N • .~ 0 C6 U 0 C .~ a~ C6 _~ U • O .~ U w O U ^~ W L C6 O C cv W ~ a ~, a~~ ~~ ~> ~> ~ as o as ~~ a~ ^ ^ 0 0 0 0 N O ~~ O ~~ ._ .~ v a ^~ C6 ^~ W `~ W ca U .~ O .~ c~ '~ V! C6 Q V! O .U O U .'~^ ^V `! W O ~--+ ~--+ U ~~ '~ V! \~ O ca O J ^~ W ~--+ ~_+ L `~ C6 L ca ~~ Q ~~ ca U ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ca o ~' ~ L ~ ~ • ~ U ~ ~ ~ ~ ~ Q ~ U ~ . L ~ O N U ~, ~ N N • ~ L Q ~ ~ ~ ~ 0 0 o a~ U Z Z ~ • • • i T~WNOF VAfL , PLANNING AND ENVIRONMENTAL COMMISSION June, 9, 2008 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Sarah Paladino Michael Kurz Susie Tjossem Bill Pierce Rollie Kjesbo Scott Proper David Viele 15 Minutes A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Vail Town Code, to allow for the continued operation of a temporary public restroom and skier ticketing office, located at Lot 2, Lionshead 6t" Filing, and setting forth details in regard thereto. (PEC080024) Applicant: Vail Resorts, represented by Kyle Griffith Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Paladino VOTE: 6-0-0 CONDITION(S): 1) This major exterior alteration approval shall expire on July 31, 2009. Bill Gibson gave a presentation per the staff memorandum. Graham Frank, VRDC, stated the intent was to move the ticketing facilities from the temporary facility to the permanent location this summer and build the permanent restroom building in the summer of 2009. The Commissioners expressed their support for the extension of the major exterior alteration for another year. Commissioner Bill Pierce stated that he was disappointed that the permanent structure was not going to be completed this summer. He added that if this structure were not completed next summer the PEC would likely not be receptive to another extension of the major exterior alteration. 20 Minutes 2. A request for a final review of variances from Sections 12-6H-6, Setbacks, and Section 12- 6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4t" Filing, and setting forth details in regard thereto. (PEC080025) Applicant: Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects. Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Viele SECOND: Tjossem VOTE: 5-0-1 (Pierce recused) Page 1 CONDITION(S): 1) The variance approvals are contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed additions. 2) The Applicant shall replace the 4 aspen trees and 1 evergreen tree to be removed with a minimum of 4 aspen trees, measuring a minimum of 2.5 inches in caliper, and one evergreen tree, measuring a minimum of 6 feet in height, in the front yard prior to Certificate of Occupancy issuance. 3) The Applicant shall be subject to the employee generation mitigation requirements set forth in Section 12-24, Inclusionary Zoning, Vail Town Code fora 137.12 square foot addition of GRFA in the High Density Multiple Family Zone District. Bill Pierce recused as he had a conflict of interest. Nicole Peterson gave a presentation per the staff memorandum. The Commissioners expressed their support of the variance applications 15 Minutes A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the combination of two lots into a single lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080027) Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. Commissioner Peirce asked if there was conflict with construction and the recording of this plat. Warren Campbell responded that this plat request was in direct relation to the need to abandon the shared property line to negate potential building code conflicts. There was no public comment. The Commissioners expressed their support of the exemption plat 25 Minutes 4. A request for final review of an amended major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change in the approved unit type mix in the Strata redevelopment, and 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 allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080028 and PEC080030) Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC Planner: Warren Campbell Page 2 Maior Exterior Alteration ACTION: Approve with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 CONDITION(S): For Design Review 1) That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2) That the Developer work with the Staff and Design Review Board to satisfactorily address the items identified in Jeff Winston's letter date October 6, 2007. Prior to Submitting for Building Permits 3) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Strata improvements. 4) That the Developer shall address all the comments and conditions identified in the memorandum from the Town Engineer dated October 1, 2007, (Attachment E) on the plans submitted in conjunction with building permits. Prior to Requesting a Temporary Certificate of Occupancy 5) That the Developer prepares a Strata Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $70,000.00 in public art improvements to be developed in conjunction with the Strata project. 6) That the Developer provides the legally executed and duly recorded Type IV deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Strata project. 7) That the developer records the appropriate deed restrictions and provides them to the Town of Vail Housing Coordinator for the off-site employee housing units per the submitted Strata Vail Housing Plan dated revised May 12, 2008. Furthermore, any excess square footage shall go into a "bank" for future expansions or land use changes that occur within the Strata development. 8) That the Developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated (42 trips), or $273,000, created by the Strata project. The total fee of $273,000 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Strata project. At the sole Page 3 discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. Conditional Use Permit ACTION: Approve with condition(s) MOTION: Kjesbo SECOND: Viele CONDITION(S): 1) The applicant shall be permitted to reduce proposed for inclusion in the private parkin requesting an amended conditional use permit, VOTE: 6-0-0 the number of parking spaces g by no more than 10% without Warren Campbell gave a presentation per the staff memorandum. Allison Kent, Mauriello Planning Group, stated she was available for questions. Commissioner Pierce asked for clarification of the housing banking request by the applicant. Dominic Mauriello, Mauriello Planning Group, described the desire of the applicant to be able to sell the remaining 250 plus square feet that they would exceed in their requirement to another individual in the future whom might have a mitigation requirement. Commissioner Pierce stressed concern about banking fractions of units for use by other properties. Dominic Mauriello commented that the fractions when added up in a "bank" would be beneficial in the future. Commissioners Kjesbo stated that the remaining fraction could be eliminated if the applicant chooses the pay-in-lieu option for to make up for a small portion of the requirement and therefore not be needed to be held in a "bank". Warren Campbell explained that the pay-in-lieu option has been utilized exclusively to this point when a project has been assessed for mitigation that is not a complete unit. Commissioner Viele stated that the applicant's should have the ability to sell the remainder of the provided deed restricted housing if they can find a market for it. Commissioner Paladino stated that the cost incurred by the Town to administer a "bank" for unused fractions of deed restricted housing units being sold to other projects was not justified. She believed the fraction should remain in a "bank" for that specific property. Nina Timm described that the Town recognizes the credit, however the Town is recommending that the credit be directly applied to the subject property and not to another property that may need credit. Commissioner Veile commented that perhaps the credit would apply instead to offset other development fees such as traffic impact fees, art in public places. Commissioner Proper stated that the Town should not impose standards on the "bank" credit. He posed the question; "Does the Town want apay-in-lieu" fee or 250 extra square feet?" Page 4 Commissioner Kjesbo made a motion to adopt the findings and conditions included in the staff memorandum which stated that the excess deed restricted square footage would apply to the "bank" frot he Strata development. 45 Minutes A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to June 23, 2008 MOTION: Kjesbo SECOND: Tjossem VOTE:6-0-0 Bill Gibson gave a presentation per the staff memorandum. Commissioner Peirce asked for clarification on the town's cost of reviewing conditional use permit applications. Commissioner Tjossem stated concern about allowing the elimination of dwelling units in the Village as a permitted use, rather than continuing such a request as a conditional use. As the Town moves forward, it may be more of a concern to lose units. Commissioner Viele asked if this is reviewed by Town Council. Gibson answered yes, it would need to go before Council as an ordinance. Commissioner Kjesbo noted that the Staff reviews development applications as a group during their weekly Planner's Staff meetings, so it will not be only one individual reviewing conditional use permit applications. Commissioner Pierce asked if Staff is proposing to lower the application fees for changes to a conditional use permit. Gibson answered that Staff is not proposing any changes to application fees. 5 Minutes 6. A request for work session for 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 Planner: Scot Hunn ACTION: Table to June 23, 2008 MOTION: Tjossem SECOND: Proper VOTE: 6-0-0 Page 5 5 Minutes 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: Withdrawn 5 Minutes 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: Withdrawn Approval of May 12, 2008 minutes MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-1 (Viele obstained) Viele obstained as he was not present at the previous meeting 10. Information Update Peirce asked if the PEC could have a construction parking plan to address the conflicts between summer construction and events. George Ruther, Director of Community Development, suggested that, Greg Hall, Public Works Director, be invited into speak about the current practices in place and to address the concern. Ruther agreed that it is a problem and requested that we come back to the PEC with a discussion item. 11. Adjournment MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 6, 2008, in the Vail Daily. Page 6 ["~ O M N ~ ~ ~ ~ .~' ~ ~f'., 'L7 N ~ cn eet 4--i bD ~ U ~ ~ °~~~~ ~ '~ ,-.. ~ a~ Q U ~°~ a O v .~ .~ .-~ a> bA p p., .b V1 ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ccS ~, ~ '~ ~ O O F~1 ® •~ O ~ ~ N O ,~ b ,~ ~a `~ ~~~u~ ~ ~ ° o ~, W H ~ ~ ~ ~ ; ~ 3 ~ ~ ~1 ~ ® H ~. ~ O N ~ ~ ~ N ~ ~ N `~ ~ Cd N 4~-+ N p F'i ~ ~ ~ N Q.i b '-' O N O d O +~+-, ~ ~ C~ ~ u ~ ~ ,~ ~ ~ G N ~ b ~ ~ '~ ti ~ ~ ~ ~ ~ ~ ~ V N ~ ~ +~ ~ •~ C/~ '3 N ~ '~ ~d" ,~ O ~ 'd O 'O rn -°d 0 O U 0 ~, '~ ~• C 4 O ~ `~ ~ ~' O f 0 .~ ~, ~' a3 O cd ~ ~.` N ,.O O 3 0 O N v ~ .. ~ ~ ,.o N _~__ O .--, Ga .~ N ~ ti O o ~z iy TawN a~ 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, on June 23, 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, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10- 7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor, and an eating and drinking establishment on the second floor, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 6, 2008, in the Vail Daily. O M N ~ O ~ ccs O •.-~ ,-~ Q ~ .~' ~ ~ ~ N ~ ~ bA O cd ~ ~ N O ~ V ~ ~ o ~ ~ ~ ~ ~ ~ p ~ ~. ~ ~ ,~o>,o~ ~ o ~ .~ >, o °~' ° °' ~, O ~ '~ ~ o ,.o 0 ~ q Q. ~~b~T} v cd ~ cn _ O by ,7, +' ~ •~ ~ ~, ~ o +, o ~ ~~ ~ O ~ U o ~ ~ C ~ ~ !~. L7 ~ ~ ~ W i~-~ N ~ ,~ ~ ~ can '.G ~ ~ •~ ~ ~ ~H O ~~~~~ ~ ~ 0 0 rn U ~ ~ ~ Y ~ ~ O ~ ~ •~ ~ N ~ N 4-i ~ N O p ~ ~ ~ ~ O Op., b ~" ~ cn ~~ tct V ~ Fir N ~ ~ C N ~ ~1 ~ ~ ~, O -j-' ~ N ~ ~ ~ Q, O~+ 'Cf `n ~' ~~" "d "UO .~ . N b0 ...~ C O ~ 'd ei ~ O ~ ~ cd cad Q .~ ~ ~ p ~-i ~ • v W ~ ~ F"+ ~ ~ ran b a"~--. b 0 0 U 0 +~ ai W O O U 0 .U ra N ,.o 0 3 cn cd O v ~t s e ~_ t J t; N~, `,,i,` / `~1 U ~ ~ '~ ~ a3 i~ O ~ Z