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HomeMy WebLinkAbout2009-0126 PEC.• ,��`NOFYAfI, • MEMBERS PRESENT PLANNING AND ENVIRONMENTAL COMMISSION January 26, 2009 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT Site Visits: 1. Ever Vail, 923, 934, 953, and 1031 South Frontage Road West 45 Minutes 1. A request for a work session to discuss prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12- 10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district, and setting forth details in regard thereto. (PEC080067) Applicant: Town of Vail Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 30 Minutes 2. A request for a final review of major exterior alterations, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the property known as the "North Day LoY', with a multiple unit employee housing project, located at 600 West Lionshead Circle/Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 60 Minutes 3. A request for a work session for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of- way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: MOTION: SECOND: VOTE: 5 Minutes 4. A request for a final recommendation to the Vail Town Council to establish a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Table to February 9, 2009 MOTION: SECOND: VOTE: Page 1 5 Minutes 5. A request for a final recommendation to the Vail Town Council of proposed amendments to the Vail Village Master Plan, pursuant to Section VIII-B, Adoption, Extensions, and Amendments, Vail Village Master Plan, to amend Sub-area #4, Transportation Center, to allow for a mixed-use development on the south side of the Vail Village parking structure, located at 241 East Meadow Drive/Parts of Tracts B and C, Vail Village Filing 1(a complete description is available at the Community Development Department upon request), and setting forth details in regard thereto. (PEC080015) Applicant: Triumph Development, LLC, represented by Rick Pylman Planner: Nicole Peterson ACTION: Table to February 9, 2009 MOTION: SECOND: VOTE: 6. Approval of January 12, 2009 minutes MOTION: SECOND: VOTE: 7. Information Update Code Rewrite Process, Rachel Friede 8. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 23, 2009, in the Vail Daily. Page 2 MEMORANDUM TO: Town of Vail Planning & Environmental Commission FROM: Community Development Department DATE: January 26, 2009 SUBJECT: A request for a work session to discuss prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12-10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district, and setting forth details in regard thereto. (PEC080067) Applicant: Town of Vail Planner: Nicole Peterson I. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting a work session to discuss prescribed regulation amendments to Section 12-61-8, Parking and Loading, Vail Town Code, to clarify the parking requirements in the Housing (H) zone district. This item was noticed including amendments to Chapter 12-10 Off Street Parking and Loading however, there are no amendments proposed for Chapter 12-10 at this time. The amendment to Section 12-61-8, Parking and Loading, is meant to provide clear and predictable regulations for the reduction of parking in the Housing (H) district; and off-set the unintended consequences associated with the reduction of minimum parking requirements. Proposed text that is to be deleted is in °+r��°� text that is to be added is in bold. Section12-61-8, (Housinq District) Parkinq and Loadinq . . . . . . . . . - - ,.:�• - - - -�: = - - Off street parking and loading shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required front setback area in compliance with 12-61-5 Setbacks. Notwithstanding Section 12-10- 20, Special Review Provisions, the following section 12-61-8A, Parking Reduction applies. A. Parking Reduction A twenty-five percent (25%) reduction in the total number of required parking spaces shall be applied to sites with density of 20 dwelling units or more per acre, meeting the following criteria: 1. Proximity to Public Transportation: The subject dwelling is located within 880 feet (.16 mile) of a public bus stop or public transit center, as measured along a pedestrian connection from the primary entrance of the building located farthest from the public bus stop or public transit center. 2. Proximity to Commercial Job Core: The subject dwelling is located within 2,500 feet (.47 mile) of one of the following Commercial Job Cores, as measured along the pedestrian connection from the primary entrance of the building located farthest from the Commercial Job Core. For the purpose of this section, the Commercial Job Cores shall be defined as: a. Vail Village, as designated by the Vail Village Master Plan, Action Plan Map b. Lionshead, as designated by the Lionshead Redevelopment Master Plan, Map A Study Area c. West Vail, which includes all properties zoned Commercial Core 3(CC3) District on the Town of Vail Official Zoning Map. 3. Bicycle Parking: Covered bicycle parking shall be provided on site, equal to ten percent (10%) of the required off-street parking space requirement, prior to the reduction. After the first 50 bicycle parking spaces are provided, the required number of additional bicycle parking spaces is five percent (5%) of the required off-street parking space requirement, priorto the reduction. II. BACKGROUND The Town of Vail established the Housing (H) District to facilitate the development of deed restricted employee housing. The purpose, in part, of the Housing District is as follows: "The Housing District is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. ...because of the nature and characteristics of employee housing, (it) cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project..." The Housing District, at the Planning and Environmental Commission's discretion, offers flexibility for setbacks, site coverage, parking requirements, building height, and density 2 control. While this flexibility creates opportunity, it also creates unpredictability in the development review process. Most notable in the review of Middle Creek and the proposed redevelopment of Solar Vail with the "debate" about appropriate parking ratios. Looking back at these two developments, and forward at future development in the Housing District, it has become apparent that some predictability around minimum parking requirements is an appropriate addition to the Housing District. On November 24, 2008, the Planning and Environmental Commission held a work session to discuss the prescribed regulation amendments. The application was tabled. Minutes of the work session are attached. On December 2, 2008 the Vail Town Council held a work session to discuss the the prescribed regulation amendments. The application was tabled. Minutes of the work session are attached. III. RESEARCH AND ANALYSIS Since the PEC and Town Council work sessions, Staff has conducted research and analysis to support the proposed amendments. Please find two tables, attached, that provide information regarding the affected Housing (H) District properties and other community examples. The results are summarized below. Affected Properties There are four (4) properties designated Housing (H) District within the Town of Vail. The four properties are known as Middle Creek, Solar Vail, Timber Ridge and Chamonix. Staff conducted an inventory of the 4 properties that will be affected by the proposed amendments to Section 12-61-8, Parking and Loading. The results are provided in Attachment A, Housing (H) District Property Inventory. Staff found that a 25% reduction in parking is appropriate based on the results of the management assessment combined with the total number of spaces provided on-site compared to the current parking requirement for each site. The results include the following: 1. Middle Creek development includes 247 parking spaces, which is exactly the amount of current parking required and the management assessment is that they have "Too much" parking. 2. Solar Vail development includes 28 spaces, which is a 25% reduction in parking, and the management is that they have "Adequate" parking. 3. Timber Ridge development includes 225 surface spaces, which is a 43% reduction from the requirement, and the management assessment is that there is "Not enough" parking. Staff's recommendation to only allow the 25% parking reduction for sites with density of 20 units or more per acre, in part, is based on the existing density of the four Housing District properties, and also on research regarding average trip generation. Staff researched average trip generation for multi-family dwellings and found that as density increased, the trip generation decreased. The implications of the findings are that in more dense development, the likelihood of vehicle trips and/or car ownership decreases. Staff found the proposed density (20 units per acre) from a San Diego study that revealed density of 20 units or more per acre, averaged 6 trips per dwelling unit, and density of 20 units or less per acre, averaged 8 trips per dwelling unit, an difference of 2 3 trips per dwelling unit per day. Staff believes the 20 units per acre is a relevant and appropriate density for the parking reduction. The proposed distance of 2,500 feet (.47 mile) to a Commercial Job Core is also, in part, the result of the inventory, in that, the average distance from the four Housing District properties to the nearest Commercial Job Core is �2,500 feet. Staff researched the average distance that the average person is willing to walk to services and employment, and the results vary from 500 feet (.09 mile) to 4,000 feet (.75 mile) largely depending on the region. The average of 500 feet and 4,000 feet is 2,250 feet. The farthest walking distance definitions tended to come from communities in California and Canada. Other studies revealed that the reasonable walking distance varies based on topography, urban design, traffic calming, sense of safety and security and presence of interesting activity. Ultimately, Staff chose to recommend the distance that is relevant to the Town of Vail, based on the existing subject properties. In the Housing District property inventory, Staff included the approximate distance of the site to a public bus stop. For information purposes only, the average distance of the 4 properties to a public bus stop is approximately 680 feet. For the proposed amendments, Staff is recommending an 880 foot distance to a public bus stop based on the Vail 20/20 Transportation Chapter. The Chapter states a pedestrianization goal to, "Ensure that walking distances from residential areas to transit stops are one-sixth (880 feet] of a mile in high density areas (5 minute walk)." Staff believes the goal is relevant and appropriate to include in the parking reduction criteria for the Housing District. Other Communitv Examples Staff conducted a survey of 22 other Towns and Cities that have similar issues with affordable or workforce housing and parking requirements. The results are listed in Attachment B: Other Community Examples. Staff found that the number of parking communities. The requirements: Town of Vail parking requirements are on par with the average spaces required for residential properties in the 22 comparable research revealed the following averages compared to Vail's Minimum Required Parking Spaces per Unit for Multi-Family Dwellings Studio 1 BR 2 BR 3 BR Notes AVERAGE OF 22 1.13 1.25 1.65 1.83 COMMUNITIES 1.4 1.4 1.4 1.4 Schedule A- Within Commercial Core Parking Area See See See See Schedule B- Outside Core CURRENT VAIL notes notes notes notes Parking Area 500 sq. ft. or less = PARKING 1.5 spaces, 500-2000 sq. ft. 2 REQUIREMENTS spaces, >2000 sq. ft. 2.5 spaces 1.5 1.5 2 2 Schedule B- Example Middle Creek Staff also found that, in the communities that provided parking requirement reductions for affordable or workforce housing units, the average reduction was 50%. In some communities the parking reduction was out-right, meaning that the developer did not need to comply with additional criteria to reduce the number of required parking, instead 4 the reduction was based on meeting a definition of `affordable' housing. Staff believes that the communities with out-right parking reductions are not good examples to compare to Vail, because those communities are urban and provide public transportation options that exceed the frequency and speed of the Vail bus service. Ultimately, Staff's recommendation of 25% was based on Vail's existing conditions revealed in the Housing District property inventory. Staff also researched bicycle parking requirements in other communities, and based the proposed requirement on the existing requirements in the City of Boulder. The type of bicycle parking was also researched, including short-term parking which is outdoor racks that are generally located in highly visible areas for safety and security. The other type is long-term bicycle parking, which includes lockers and/or lock-ups that are for bike storage. Staff's recommendation remains general, in addressing bike short-term parking vs storage, to allow the developer flexibility in design. However, Staff believes it is important to require bicycle parking spaces, to encourage the use of bicycles as an alternative form of transportation. Research Summarv From the research collected, Staff believes that it is relevant to offer a parking reduction in the Housing District however certain criteria should exist in order to warrant the reduction. The proposed criteria warrant a parking reduction in that they provide measurable and enforceable criteria that are directly linked to alternate modes of transportation. Furthermore, Staff believes that the density of the project will also warrant a parking reduction, as reflected in the proposed requirement that the reduction only applies to sites with density of 20 units per acre or more. 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Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Michael Kurz Scott Proper Sarah Paladino-Robinson Susie Tjossem Bill Pierce Rollie Kjesbo David Viele 30 minutes 4. A request for a work session to discuss prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12-10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district, and setting forth details in regard thereto. (PEC080067) Applicant: Town of Vail Planner: George Ruther ACTION: Motion to Table to December 8, 2008 MOTION: Viele SECOND: Kjesbo VOTE: 6-0-0 George Ruther made a presentation per the staff inemorandum. Commissioner Pierce said he wants to know how other communities deal with this exact issue. He felt that flexibility was a benefit, and once it is codified, this benefit goes away. Most developers don't draw employee housing and then ask for relief. He said it would be helpful to have discussions before things get drawn to discuss how the parking will be dealt with within a project. Commissioner Kurz said that there are forces here. Do the parking requirements work? There are guidelines for each area, where if you are transit oriented development, you have lower guidelines. Perhaps we could have guidelines that break it down by dormitory, one bedroom, two bedroom, single family etc and based on location and desired occupant. The developer will provide a plan for parking, and if they deviate from general guidelines, they will have to provide additional amenities like sidewalks, bike parking, etc. We need to let the developer respond with a creative method that works for each project. They should also be able to provide shuttles or some other mechanism to provide transportation to the people who live there. If the parking comes first, on top of all other requirements, they may decide thaYs not what they want. George Ruther asked if it is possible to come up with a parking requirement for a dorm unit. 0 Commissioner Kurz responded that per dormitory unit, you cannot have a single requirement because they have a wide variety of number of beds. Kurz said general guidelines are good, but then need to take into account the other factors like transit oriented development. Commissioner Tjossem asked if this came out of the Town Council discussion on redevelopment of Timber Ridge. She said a requirement might allow more measurable development. Isn't this helping make the housing affordable? George Ruther said that the Timber Ridge Advisory Committee is the impetus behind this request. As a developer, there needs to be clear and predicable expectations, and not just open-ended interpretation. Commissioner Viele said he looks at what makes sense and what is required/legal. He agrees that there needs to be flexibility in approval, but there has to be a minimum/maximum guideline that shows a threshold that needs to be met or that the Town considers to be adequate. Commissioner Kurz said that putting a requirement puts a limit on what can be built, and he said that developers need the ability to be creative. If we require it at all, it will not bring new solutions. George Ruther asked if zero parking is an option if alternate means of transportation are provided. Commissioner Palladino said that no, it is not ok because the Town takes responsibility for the cars being somewhere else, like on the Frontage Road, at trailhead parking or displaced elsewhere in town. She said as much as no parking is great, it is not practical. The town is still rural and not dense enough, and there are no rental car places in the vicinity to serve as an alternative means of transportation. Commissioner Tjossem said that the seasonal workers are changing and are again switching from international back to domestic. There are many domestic laborers out of work and they are coming here, and like it or not they have cars. We cannot base this amendment on who we are attracting at a single point in time or who we would like to attract because it keeps changing. However, proximity to public transportation and alternate means of transportation to a building would be better to control the issue. Commissioner Pierce said guidelines need to be provided as a starting point. Chapter 10 of the Code provides closely defined requirements, but If its in a different location, the parking requirement is less. He said the Code needs to take into consideration some units that are a-typical. Perhaps need to add requirements for dormitory rooms or number of spaces "per pillow". He believes we need to have requirements so that people understand what is required from the start. Alternate housing opportunities should have their own section. George Ruther sought to clarify the comments he heard from the PEC. He said transit oriented development helps to reduce requirements from other places, such as transportation, etc. He said he was wondering if there are times when the transportation system goes underutilized. He said there may be opportunities to greater utilize infrastructure, including buses, sidewalks, bike paths, etc. 0 Commissioner Kurz said that if the town had 24 hour bus service and you could live in the village, there could be a reduced need for cars. People however want cars to go other places. We can not ignore that. He said it would be good to take cars off the road with environmental sustainability in mind. George Ruther asked about parking for visitors. He asked if it's ok if visitors to the project do not have parking. He said this is included in the calculation for parking. The Commissioners said you need to provide visitor parking. Commisioner Viele said there needs to be an element of trust within the market. There needs to be parking provided that the developer will provide on their own. Commissioner Kjesbo said that each project is different, and with for-sale units, you need more parking. Commissioner Tjossem said that when a business owner has a building we don't want them to have the ability to say no parking. With Timber Ridge, she says the developer needs to understand what is required. Commissioner Kjesbo said there needs to be flexibility. George Ruther said that developers tell the Town that they would like predictability. He said that is it clear at to distance from services, buses, etc. Commissioner Kjesbo said that in Solar Vail there was a parking plan that allowed flexibility. He said there is not enough parking in any building in Town was his perception. Commissioner Viele said that the Code is the worst case scenario, and that should be put into the pro-forma and anything allowed in less is a bonus. He said the question is whether that requirement should be different in the Housing District. George Ruther asked if the criteria are good for this type of development (ie Housing zone district), can they be expanded to other districts? Commissioner Viele said there is a provision in the Lionshead Redevelopment Master Plan that allows for flexibility from the Town Code. He said there should be flexibility written in. George Ruther asked if we want all the cars and parking that comes with development, but perhaps take another method, like transportation, etc. Do we want the outcome when we assess that parking? Should we be looking at other ways to address problem? Commissioner Kurz asked if a transportation plan is required. George Ruther said that there are aspects of a transportation plan in each project, but not in detail. If we rely solely on parking spaces as addressing transportation needs, perhaps we are not getting results we want. Commissioner Kurz said that if the units require parking, the developer will put that in the economic model. He said that location should help determine what your parking requirements are. 10 George Ruther said there has been a paradigm shift where parking is very valuable but if you give people walkability, they may not need parking. Commissioner Kurz said it needs to be in conjunction with traffic flow considerations. Dominic Mauriello said that parking requirements could be established but then allow for diversions from that. Commissioner Kjesbo said that at Middle Creek, they charge for parking. On Timber Ridge there is a model with how many parking spaces. There is history to use to understand what parking requirements are. Commissioner Pierce asked about parking at Timber Ridge Nina Timm said there are 308 spaces for 198 units, and all are utilized. (It was later determined on December 2, 2008 that there are only 225 spaces on-site). She said you cant regulate the occupant but you have more people per units at Timber Ridge. Because of financing, you can limit occupancy but you don't have more than 2 people per unit at Middle Creek, driving it more than anything. 11 ATTACHMENT D MINUTES OF THE TOWN COUNCIL MEDIA ADVISORY December 2, 2008 Contact: Corey Swisher, 479-2106 Town Manager's Office VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 2, 2008 Work Session Briefs Council members present: Foley, Daly, Cleveland, Hitt, Gordon, Rogers Newbury entered the Council Chambers at 1:54 p.m. 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12-10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district Community Development Director George Ruther asked Council to provide staff with policy direction on the town's expectations related to the transportation needs and parking requirements in the Housing (H) zone district. Based on numerous discussions on the transportation needs and parking requirements for the Housing zone district, it is often identified that the flexibility provided in the parking requirements also creates a certain amount of unintended confusion and ambiguity. The current stated policy for parking in the Housing (H) zone district is, "there is a transportation need generated by residents living within the Housing zone district that shall be addressed." Rogers emphasized, "We want to house people, not cars...She then spoke in support of parking space rentals...You need to burden the people who want cars by making them pay for them... I'm very much in favor of reducing parking spaces in the housing district... It seems to me flexibility is the better way to go and it needs to be more predictable." Hitt asked for a study to "determine what our reality is here in town." He then expressed concern that reduced parking requirements would lead to more abandoned vehicles being parked in residential neighborhoods. "I don't think it has been clearly proven that just because it's a dorm it means less cars." Daly clarified fewer foreign workers in town would lead to increased parking demand. He then encouraged providing enhanced predictability for developers. Cleveland stated, "It's unreasonable to expect our seasonal workers to exist without an automobile...Any project is going to require parking." Foley spoke in support of providing additional public transportation. Zemler encouraged "thinking through" some sort of payment-in-lieu component. Rogers encouraged staff to speak with the City of Boulder in regard to their existing parking requirements. 12 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2009 SUBJECT: A request for a final review of major exterior alterations, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the property known as the "North Day LoY', with a multiple unit employee housing project, located at 600 West Lionshead Circle/Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts Development Company, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Vail Resort Development Company, represented by Mauriello Planning Group LLC, is requesting final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, and a reduction if the required off street parking pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for the redevelopment of the North Day Lot, currently parking, to include a 32 unit employee housing project, 9 public skier drop off spaces, and 40 parking spaces, located at 600 West Lionshead Circle. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission approves, with conditions, the applicant's request for a major exterior alteration and reduction in the off-street parking requirements. A complete summary of Staff's review is provided in Section VII I of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resort Development Company, represented by Mauriello Planning Group LLC, is requesting final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, and a reduction in the required off street parking pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, to allow for the redevelopment of the North Day Lot which is current a 105 space parking lot for Vail Resorts employees. The key elements of the North Day Lot redevelopment include: A major exterior alteration to construct 32, Type III employee housing units, consisting of 28-four bedroom units and 4-three bedroom units for a total of 124 beds; A request for a reduction in the required number of parking spaces from 45 to 40 parking spaces. The provision of 40 parking spaces 27 of which are enclosed, within the lowest level of the proposed structure. The inclusion of 9 public skier drop-off spaces on the west end of the site; A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled North Dav Lot Employee Housinp dated revised January 19, 2009 (Attachment B), and a reduced set of plans dated , are attached for reference (Attachment C). III. BACKGROUND • The subject property was annexed into the Town of Vail by Ordinance No. _, Series of , which became effective on • The site has been used as a surface private parking lot since • On December 15, 1998, the Town of Vail adopted the Lionshead Redevelopment Master Plan, which contained site specific recommendations for the North Day Lot. • On the Lionshead Core Site (Arrabelle) was approved which removed the Sunbird Lodge which contained employee housing. A requirement of the Arrabelle approval was that 124 employee beds needed to be constructed. • Over the past several months the Town and Vail Resorts Development Company have been exploring how to joint locate employee housing and a transit center on the site. The conclusion was that while these uses could be jointly located on the site that there was that the Town was not prepared to invest the resources at this time into a transit facility on this site. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance 2 with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff.� The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff inemo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for the review of the proposed redevelopment proposal. Zoninq Requlations 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, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-18: M/TIGAT/ON OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonab/e relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan (in parfl "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: 4 • Lack of growth in accommodation units ("hot beds'); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character,� and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development." 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes may be modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base (`7ive beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3. 6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4, Master Plan Recommendations — Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues, and recommendations to address them, should be considered in all planning and policy decisions as Lionshead develops. 6 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible. In tight margin developments such as mid-range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to these aftributes of parking, it is important that true demand, or desired demand, be distinguished from actual usage. For example, the "free after three" program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure filled in the evening for the first time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of "free after three". (Note- concrete studies regarding the utilization of the "free after three" program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a significant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to fill the available space, but the profile of the user may not be who the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such as way to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. a. Parking should be visually inconspicuous. Parking should be structured below ground whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as not to detract from the guesYs arrival experience. 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. 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 emp/oyees generated and to the extent possible this housing should be located in the Lionshead area. Insert site specific recommendations here. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a community with 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge, given the fact that land within the Valley is a well-defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Lionshead Redevelopment Master Plan" land use category. Pursuant to the Plan, the "Lionshead Redevelopment Master Plan" land use category description, "Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses." VI. ZONING ANALYSIS Address/Legal Description: 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Parcel Size: 1.09 acre (47,480.4 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Linshead Redevelopment Master Plan Development Standard Allowed Existin Proposed Lot Area: Setbacks All Sides Building Height: Density: GRFA: Site Coverage: 10,000 sq. ft. 47,480.4 sq. ft. 10 ft. NA 71 ft. avg. NA 82.5 ft. max DUs (35/ac.) — 38 NA EHUs (unlimited) NA 118,701 sq. ft. NA 33,236 sq. ft. (70%) 9 NA 47,480.4 sq. ft. North - 30 ft. East- 10 ft. West- 11 ft. South- 12 ft. 70.8 ft. avg. 70.8 ft. max NA 34 units NA 12,919 sq. ft. (27.0%) Landscape Area Parking: 9,496 sq. ft. (20%) 1.4 (1.4/EHU) NA 105 spaces 17,435 sq. ft. (37%) 45 EHUs (27 enclosed 60%) 9 skier drop-off 34 excess* Loading 1 berth NA 1 berths * The 34 excess parking spaces will serve as private parking for Vail Resorts. VII. SURROUNDING LAND USES AND ZONING Land Use North: Interstate South: Residential East: Residential West: Residential VIII. CRITERIA Zonina NA Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1(LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. In reviewing the proposed Strata amendments to the approved development plan for compliance with the expressed purposes of the Lionshead Mixed Use-1 zone district, staff finds that the amended major exterior alteration application complies with the intent of the zone district. The applicant is proposing to develop 51 dwelling units, 16 time share units, 12 lodge dwelling units, 8 lock-offs, one (1) employee housing unit, and 7,117 gross square feet of commercial. In conjunction with this combination of uses the applicant is proposing several amenities such as lobby and front desk, pool and hot tub, meeting room, and laundry service to encourage the incorporation of as many units into a rental pool as possible. 10 Staff has reviewed the Strata proposal and found it to be in compliance with the requirements of Resolution No. 4, Series of 2007. Section V of this memorandum contains, in full, the portions of Resolution No. 4, Series of 2007, which pertain to the redevelopment of the Lionshead Inn and Lionshead Inn Annex. Staff believes this proposed Strata development complies with this criterion. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff response: Staff has performed a review of the proposed amendments to the approved major exterior alteration for compliance with the development requirements of the Lionshead Mixed Use-1 district. In Section VI of this memorandum staff performed a zoning analysis of the project with regards to the development parameters of the Lionshead Mixed Use-1 district. Within this analysis staff determined that the project is in compliance with the development parameters for setbacks, height, density, GRFA, site coverage, and landscape area. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposed Strata amended major exterior alteration application and found that the proposed changes to not affect the bulk, mass, and height of the structure as approved, therefore Staff believes that for the same reasons presented at the initial approval the project is in compliance with this criterion. Those reasons were that Staff believed that the proposed major exterior alteration will result in some effects on the character of the neighborhood as the Strata project will be larger in terms of bulk, mass, and height than the two structures which exist currently. However, the project is in conformance with the Lionshead Mixed Use-1 zone district and the Lionshead Redevelopment Master Plan and the impacts that this project were anticipated in the adoption of the zoning and the Master Plan. Furthermore the grades/contours beneath the existing Lionshead Inn, which is constructed upon an elevated portion of the site, will be greatly reduced from what exists and the proposed structure in this area of the site will be less in overall height than the existing structure. Staff does not believe there are any significant negative effects on the character of the neighborhood. 11 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the proposed Strata amended major exterior alteration application and found that the proposed changes to impact the applicable elements of the Vail Comprehensive Plan, therefore Staff believes that for the same reasons presented at the initial approval the project is in compliance with this criterion. Those reasons were that Staff had reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of the proposed Strata project. Upon review of the Plan, staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Lionshead Redevelopment Master Plan (adopted 1998) • Art in Public Places Strategic Plan (adopted 2001) With regard to the Transportation Master Plan the applicant provided the Public Works Department with traffic studies and roadway designs which have been reviewed and addressed. Staff has attached a memorandum from Tom Kassmel, the Town engineer dated October 1, 2007, for review by the Commission (Attachment E). In this memorandum several comments and conditions of approval are identified by the Town Engineer. The comments and conditions identified by the Town Engineer require addressing at later stages of the development review process. Most specifically, the project will be assessed a fee of $273,000 to mitigate traffic impacts associated by the increase in peak hour trips that this development will create. These funds will go towards traffic improvements in the vicinity of the project. To address the Art in Public Places Strategic Plan the applicant proposed to provide a minimum of $70,000 of public art in conjunction with development of Strata. Staff reviewed the proposal and found it to be comparable to the public art contributions of other redevelopment projects in Lionshead. The proposed art will be reviewed by the Art In Public Places Board. Overall, staff believes that the applicant has proven by a preponderance of the evidence that the proposed amended major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use-1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, the Commission makes the following finding as part of the motion: 12 "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed amended major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the 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 the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Strata), 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. Staff's recommendation is based upon the review of the major exterior alteration review criteria outlined in Section VIII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the amended major exterior alteration and conditional use permit as recommended; Staff recommends that the Commission makes the following finding as part of the motion and findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration and conditional use permit is in compliance with the purposes of the Lionshead Mixed Use-1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " Should the Planning and Environmental Commission choose to approve the amended major exterior alteration as submitted by the applicant, staff recommends that the following conditions be placed on the approval: For Desiqn 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. 13 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 Submittinq for Buildinq 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 Requestinq a Temporarv Certificate of Occupancv 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 Housinp 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 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. X. ATTACHMENTS 14 A. Vicinity Map B. Document describing the project entitled North Day Lot Employee Housinp dated revised November 10, 2008 C. Copy of proposed plans dated , 2008 D. Memorandum from the Public Works Department dated , 2008 E. Public Notice 1� MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2009 SUBJECT: A request for a work session for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC, is requesting a work session with the Planning and Environmental Commission to discuss several question and comments raised at previous Planning and Environmental Commission public hearings. Furthermore, the applicant and Staff will continue the discussion focusing on several aspects of the South Frontage Road realignment in conjunction with the proposed Ever Vail. This work session is the continuance in what is anticipated to be a series of work sessions regarding various aspects and topics with regard to the Ever Vail project. As this is a work session and the Planning and Environmental Commission is not being asked to reach any conclusions, Staff has not provided any recommendations at this time. Staff and the applicant request that the Planning and Environmental Commission participates in the presentation and tables this application to the February 9, 2009. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC, has submitted five development review applications which will be reviewed and acted upon by the Planning and Environmental Commission prior to the conclusion of the review process. For this work session Staff and the applicant have concluded that the presentation will continue to explore the proposed Frontage Road relocation and the changes made in response to comments made by the Planning and Environmental Commission at its December 22, 2008 and January 12, 2009, public hearings with regard to the questions and concerns regarding the relocation of the South Frontage Road. The design and function of the South Frontage Road is a key element in setting the course for future review of the various Ever Vail applications. Determination of these requirements, needs, and desires will drive the layout, design, and function of a project such as Ever Vail. The work session will include: An extensive site visit to the future Ever Vail development to revisit the location of the proposed South Frontage Road and its impacts. A tour of retaining walls within the community and a drive of the Frontage Road to see the multiple conditions which exist currently between the Interstate and the Frontage road. A presentation by the Ever Vail Team depicting a revised design for the South Frontage Road relocation which takes into account many of the comments made by the Planning and Environmental Commission and Town Council. A presentation by Staff regarding the input provided by the Town Council at their January 20, 2009, public hearing regarding a presentation on several topics regarding the South Frontage Road relocation. III. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. On October 27, 2008, Staff presented and over view of the roles and responsibilities to the Planning and Environmental Commission with regard to the Ever Vail development. On November 24, 2008, Staff presented an overview of the Lionshead Redevelopment Master Plan to the Planning and Environmental Commission and its applicability to the Ever Vail project. On December 8, 2008, the Planning and Environmental Commission held a public hearing at which a presentation and discussion occurred on the topics of vehicular, mass transit, pedestrian, and bicycle circulation occurred. A list of question and comments was generated as a part of this discussion. On December 22, 2008, the Planning and Environmental Commission held a public hearing at which the presentation and discussion focused on the proposed design for the Frontage Road realignment. Discussion included the Simba Run underpass, retaining walls, median planter design, etc. On January 7, 2009, the Design Review Board held a public hearing at which the presentation and discussion focused on the proposed design for the Frontage Road realignment. Discussion focused on the retaining walls, bridge verse culvert crossing of the creek, and roadway design. The comments resulted in the majority of the Board agreeing that the retaining walls should be as low as possible, however, through the use of a textured stone and a detail like pilasters that the walls could likely be mitigated. The Board agreed that unless there was a large greenspace between the road and the walls that the effects of snow plowing would negatively affect any landscaping beyond grass in these areas. The Board thought the use of a culvert bridge to cross the creek was a good proposal so long as a stone with texture and a detail like pilasters was incorporated. The Board was split on the need for a 10-foot bike lane on the north side of the proposed road and whether or not some portion should be incorporated into a greenspace between the roads and the walls. A concern about the long term costs of incorporating a raised planter as the median was raised with regard to plow damage. On January 12, 2009, the Planning and Environmental Commission held a public hearing at which a model was shown depicting the proposed South Frontage Road relocation. The presentation also included several exhibits created by the Town Engineer to illustrate several options which were possible to incorporate into the design to decrease the impact of the proposed retaining walls and prepare for a future Simba Run underpass. The outcome of this meeting was that there was concern expressed about the retaining wall impacts, some debate over the need and impacts of the Simba Run underpass, and a request for Staff to speak with the ownership of the Glen Lyon Office Building. On January 20, 2009, the Town Council heard a presentation by Staff regarding the South Frontage Road relocation. In that presentation Staff requested Council's input on Staff's recommendation on four specific topics related to the South Frontage Road relocation. Those recommendations were as follows: • The final design of the proposed South Frontage Road must address the present traffic needs of the community (ie, LOS, design, access points, aesthetics, etc) while at the same time not precluding potential long-term needs of the community • The proposed South Frontage Road must be designed to minimize the negative impacts of the retaining walls (height & length) and to ensure adequate areas for snow storage and removal. • The proposed South Frontage Road alignment must accommodate and include the construction of the south roundabout of the Simba Run underpass. • The applicant is proposing a combination of right of way and easements to accommodate the proposed South Frontage Road improvements (ie, curb and gutter, road lanes, medians, sidewalks, bicycle paths, snow storage, road maintenance, etc.) This approach differs from all other portions of the frontage road throughout Town. With that in mind, the proposed South Frontage Road shall accommodate adequate setbacks for the proposed future buildings and land uses consistent with the Town's development objectives, adequate areas for landscaping and buffering of the adjacent buildings and uses, adequate pedestrian/bicycle circulation improvements consistent with existing Town standards and established systems, and adequate areas set aside for public transit improvements (ie, bus stops, bus shelters etc). The Town Council expressed their support of Staff's recommendation for the first three recommendations and requested a future presentation regarding the pros and cons of rights-of-way and easements for the Frontage Road relocation. IV. STAFF RECOMMENDATION The Community Development Department requests that the Planning and Environmental Commission listen to the presentation, ask questions, provide and pertinent feedback. The Commission is not being requested to take and final action at this work session. The applicant and Staff request that the Commission tables this application to its February 9, 2009, public hearing. PLANNING AND ENVIRONMENTAL COMMISSION January 12, 2009 �. 1:OOpm �w�r�FU� � TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Bill Pierce Rollie Kjesbo David Viele Susie Tjossem Sarah Paladino arrived at 1:08 Michael Kurz Scott Proper MEMBERS ABSENT 15 Minutes Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 39, Crossroads, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building plans for Solaris increasing commercial floor area, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080075) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell Staff gave a presentation per the letter discussing Staff's approval. There was no presentation from the applicant. There was no public comment. The Commissioners expressed their support for Staff's approval of the minor amendment. They did not find it necessary to call up the action. 60 Minutes 2. A request for a work session for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of- way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Tabled to January 26, 2009 MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 Staff gave a presentation per the staff inemorandum. Tom Miller, representing Vail Resorts, provided a presentation including a digital model of the Frontage Road relocation as it is proposed. The model exhibited the proposed extent and height of the retaining walls, median design, and roundabout design. Page 1 Gary Wordley, Landscape Architect, with Landworks Design, representing the applicant, discussed then presented four options that were created in response to comments and concerns provided by the Commission at the December 22nd hearing. He stated that the options were not trying to solve a single issue, but were attempting to balance several elements. Within the four options Option 1 is the wall as presented previously, but formatted differently to more clearly identify wall height and the extent of the differing wall heights. Commissioner Paladino stated that she believed the information regarding the retaining walls was incorrect. Mr. Wordley explained how the table was exhibiting the information. Commissioner Paladino stated that the portions of the distance of the relocated Frontage road without walls should be eliminated from wall calculations as it is skewing the data. Mr. Wordley said it would be eliminated. He then went on to elaborate on Option 2 which showed a raised median per a comment made by the Commission at the December 22, hearing. He stated that raising the median will protect the plantings. There are some types of trees that won't work because over time, they won't fit in the median. He continued by describing Option 3 which looked at the possibility of eliminating the 10-foot bike lane on the North Frontage Road. In this design there would be the CDOT required 6-foot shoulder, but no bike lane. This would result in a 9.5-foot area of landscaping between the wall and shoulder. Without a bike lane, there could be plantings in front of the retaining wall. In this option the retaining walls are the same height, however a foot of the base would be buried to create positive drainage thus resulting in one less foot of exposed wall height. He concluded by describing Option 4 which reduces wall heights by raising the grade of the proposed Frontage Road while maintaining the elevation of the bridge, access to the Glen Lyon Office Building (GLOB), and the elevation of the Simba Run underpass. This option eliminates all the retaining walls east of the proposed bridge and reduces the height of the walls west of the bridge with smaller portions measuring 10 to 12 feet in height. Commissioner Kurz stated the he believes there needs to be landscaping in front of the proposed walls to reduce the impact of the height. . Commissioner Pierce asked about the connection between the Frontage Road and the GLOB. Tom Kassmel, Town Engineer, stated that Staff has brought some sketches which will help explain the grade changes. Commissioner Pierce stated that it would make a big difference to the height and impact of the retaining walls to raise the grade of the Frontage Road. Mr. Miller pointed out the extent of the tallest portion of retaining wall. He added that access to the GLOB and to the creek are essential. Commissioner Pierce stated that the retaining wall could get shorter if you change the access to the GLOB. Commissioner Viele stated that it was a legal requirement to keep access to the GLOB site from proposed relocated Frontage Road through the Ever Vail site. Page 2 Mr. Kassmel stated that if the GLOB access stays at existing, there is an 8% grade with straight shot to GLOB. This meets Town Code but 8% is teeper than ideal for the proposed traffic roundabout located just east of the proposed parking structure. Mr. Miller stated that Option 4 raises the road while providing access to the GLOB and adequate cross slope in the roundabout. Commissioner Tjossem asked whether raising the road will improve grades which were a concern she expressed previously with regard to the approach to the proposed Simba Run underpass. Mr. Miller stated that it does reduce the grades fo the relocated Frontage Road. Commissioner Pierce asked what the roundabout east of the proposed parking structure would serve. Mr. Miller said it is similar to the entry area to Cascade Village, where it will serve many functions of the site, including transportation center, skier drop off, shuttle drop off, etc. Commissioner Tjossem said with it being legally required to maintain access to the GLOB, would you have one access to GLOB or would the new access to the west end of the property replace the access? Mr. Miller responded that the GLOB will have its own access exactly where it is today. Commissioner Kurz asked if this is the highest elevation the Frontage Road could be raised. Mr. Miller stated that to respond the fixed elevations of the bridge, GLOB access, and Simba Run it was the maximum it could be raised. Mr. Kassmel then presented several exhibits which he created in response to questions and concerns raised at the December 22, hearing. His exhibits would show what Staff found if the grade of the relocated Frontage Road was raised. He stated that his exhibits solely looked at the best case scenario for design the Frontage Road with the least possible amount of retaining walls and minimal height of retaining walls. In his exhibits the walls east of the bridge could easily be removed to match the existing grade. Furthermore his exhibits showed that a large portions of the retaining walls west of the bridge could be eliminated and by locating the "hinge" point of beginning to flare the Frontage Road out to align with the future Simba Run underpass resulted in a greater distance being created between the Interstate and the Frontage Road thus allowing for the tiering of retaining walls. Commissioner Kurz asked that if the Frontage Road grade is raised, is one story taken off the buildings? Mr. Miller stated that the grades would need to be reexamined, but yes, one story could be taken off. Mr. Kassmel stated that one of the benefits of the exhibits he created was that if it works together, the roundabout will allow for ease in vehicular movement into the GLOB and proposed parking structure. Commissioner Viele asked how the Town could design a solution which impacted another entity's property? Page 3 Mr. Kassmel stated that staff was just examining all the possibilities and of course agreement from the GLOB would be necessary. Commissioner Pierce stated that in the long run, all of this could benefit all of the property owners. Mr. Miller stated that based on Tom Kassmel's drawing, the applicant has not had a chance to review and determine the impacts to the proposed redevelopment. If it is the direction from the Commission to follow Staff's suggestions they will need more time to respond. Commissioner Pierce said the Frontage Road will always be there. The design should be designed around the best alignment for the Frontage Road. In the long run, the Frontage Road will be there and will impact a great deal of the community. Commissioner Proper stated that a great deal of information was provided and that he needed time to absorb it before responding. Commissioner Viele stated that this is a difficult discussion because he is close to GLOB ownership and on the Water District Board. He suggested that if anyone thought he should recuse he would do so. (Mr. Miller stated he did not believe a recuse was necessary) He stated that solving the Frontage Road design is paramount. He feels strongly about access to GLOB and the Simba Run underpass location. He doesn't necessarily agree with the need for a Simba Run underpass, but this is the direction he's been given. He is concerned about wall height and the effect of creating a canyon. He would like to see what Vail Resorts wants, which Tom Miller responded with Option 4. Commissioner Kjesbo stated that as he looks at the various options he is worried about how you get the snow out of there. It does look like a canyon with 12-13 foot high walls. If we could raise Frontage Road more, it might help. Raising the grade of the Frontage Road will help with snow removal due to the matching of grade between the Interstate and the Frontage Road. Commissioner Tjossem stated that the community would be concerned about the walls associated with underpass and feels that this was not clearly identified when it was determined that Simba Run underpass should be constructed. The community likes the openness. The underpass is causing implications that the community is not going to appreciate. She would like to know what the town council and the community would think. Mr. Kassmel added that the walls have impacts. With regard to walls, the Simba Run underpass is not causing the walls. The relocation of the Frontage Road at the proposed grade is what is causing the walls. If you did not relocate Frontage Road, you could build Simba Run with minimal walls. It would look like the underpass going to East Vail by Aspen Lane. It does have impacts to the South side, with the creek, which is why they looked at the change in location. Access to the creek and better access to GLOB is causing the walls. Commissioner Paladino stated that she believed another site visit was warranted with the greater level of understanding about the Frontage Road from the work sessions. She also stated that the Town should coordinate getting the GLOB, Vail Resorts, and Staff together to discuss the GLOB access. The DRB comments made her rethink her position. The walls make this urban. Commissioner Kurz stated that the walls are not the big issue. He said looking at the location of the proposed buildings on the south side of the Frontage Road was his concern. The buildings are very close to the back of the sidewalk along the proposed Frontage Road design. This increases the backside feeling of the project. The canyonization is not because of the walls, but Page 4 because of the height of the buildings in relationship to the pedestrian walkway. The dimension and width of the entire boulevard does not look enjoyable. The long frontages on the buildings, which is apparent on the 3D model, show vast lengths of building. The horizontal mass is affecting his perception, not the height. He said the only relief is straight up. The height of the roadway, the facades and the backside of the facades, all factor into his feeling of canyonization. This is not the best job we can do. We are creating practical problems with steep grades. Fire trucks will not want to have such steep grades. Jim Lamont, representing the Vail Homeowners Association, stated that he finds the terminology being used in the discussion interesting. Last time we saw a rural village was 1968, with Lionshead setting the urban tone that has not changed. We have been successful with urbanization modulating itself so it has a character without massive boxes fronting the transportation corridor. We are the most urban ski resort in the world. We will probably become more urban because we are not willing to sacrifice densities. He said he hears compromises between Town Staff and the applicant, and is glad to hear that both parties want to continue the conversation. There are ways to avoid monolithic walls, with the interstate in East Vail showing ways to sculpt walls, so the wall is not affronting. If the Simba Run underpass is not built, the community will have gridlock. We can make decisions that will make it more expensive in the future to build the Simba Run underpass but, in the future, we will be a more urban community. We need to be less selfish and go along with the givens about Simba Run underpass. If the grades can be reconciled, with heated streets, etc, the idea of a roundabout with the transportation center is essential. The thing we are not doing well is that there is no comprehensive plan for skier drop-off, mass transportation terminals. The thing that makes a city work is traffic flow. He discussed super capacity skier drop off. We are limiting our capacity to handle visitor and local traffic by not doing our jobs to recognize that we are doing a bad job at making this place work. We have to back off from selfishness about making our neighborhoods work from a traffic standpoint. Mr. Miller responded to Paladino, saying the PEC needs to go on another site visit. He said the goal is to mitigate I-70 for their development, and all development south. Option 1 is what VRDC wants, however, they are willing to do Option 4. Town of Vail wants no walls at all. There needs to be compromise. They have a legal obligation to GLOB to provide access. This will not change anytime soon. Vertical or horizontal separation from I-70 will help the development and creek use. Commissioner Pierce asked if George Ruther, Director of Community Development, could orchestrate a meeting between VR, Town, and GLOB to discuss compromise. Commissioner Paladino asked for a cross section from the Frontage Road to East Lionshead Circle in the proximity of the bus stop. She stated that this would help her better understand what is being discussed and proposed. Commissioner Pierce stated that there is a strong commitment from the Commission to have the Frontage Road be the primary determinant. Mr. Miller said that the building heights on the west side are concerning. Staff could determine that the heights are ok, but the feeling going forward is that the building steps down. It does that currently. You are seeing bulk and mass now, but not full articulations int eh model. There is a lot of play with landscaping, per the LRMP guidelines. There is more relief than shown on the model. Greg Hall stated that if the only goal was to minimize retaining walls, there are only a few issues. However, there are several aspects which need to be balanced. There is a balance between Page 5 north/south and up/down that will work for everyone. Are any areas more important than others? If the Commission has more direction with what is most important, then let us know. Mr. Miller said VRDC said Option 1 and 2 are preferred because they have been working on it and it meets all standards. His compromise position is Option 4, but need to understand impacts of what the Town is suggesting before further comment. Commissioner Tjossem asked for some examples around Town of wall heights in relation to Frontage Road. Mr. Ruther stated that the next site visit will be very extensive. 30 Minutes 3. A request for a final review of major exterior alterations, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the property known as the "North Day LoY', with a multiple unit employee housing project, located at 600 West Lionshead Circle/Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 26, 2009 MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0 30 Minutes 4. A request for a work session to discuss prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12- 10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district, and setting forth details in regard thereto. (PEC080067) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to January 26, 2009 MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0 5 Minutes 5. A request for a final recommendation to the Vail Town Council to establish a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Tabled to January 26, 2009 MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0 5 Minutes 6. 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, and conference facilities and meeting rooms on the basement or garden level, multi-family dwelling units, accommodation units and conference facilities and meetings rooms on the first floor or street level, and a fractional fee club on the Page 6 second floor and above, located at 250 South Frontage Lionshead Filing 2, and setting forth details in regard thereto. Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Table to February 9, 2009 MOTION: Kjesbo SECOND: Tjossem 7. Approval of December 22, 2008 minutes MOTION: Kurz SECOND: Paladino 8. Information Update 9. Adjournment MOTION: Kjesbo SECOND: Paladino Road West/Lot 2, Block 1, Vail (PEC080033, PEC080072) VOTE: 7-0-0 VOTE: 6-0-1 (Kjesbo abstained) 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. 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