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2009-0209 PEC
PLANNING AND ENVIRONMENTAL COMMISSION February 9, 2009 1:OOpm .• T~1WN 4F Yl~, TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT 30 Minutes 1. A request for a work session to discuss the establishment of 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: MOTION: SECOND: VOTE: 30 Minutes 2. A request for a final recommendation for prescribed regulation amendments, pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Section 12-71-3, Permitted and Conditional Uses; First Floor or Street Level, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1 and Lionshead Mixed Use-2 Districts, and setting forth details in regard thereto. (PEC090001) Applicant: 450 Buffalo Properties, represented by Michael Hecht Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 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 Lot", 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 4. 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: Page 1 45 Minutes 5. A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, Vail Town Code, 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: 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 second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Table to March 23, 2009 MOTION: SECOND: VOTE: 5 Minutes 7. 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 amixed-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 23, 2009 MOTION: SECOND: VOTE: 8. Approval of January 26, 2009 minutes MOTION: SECOND: VOTE: 9. Information Update 10. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Page 2 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 February 6, 2009, in the Vail Daily. Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 9, 2009 SUBJECT: A request for a work session to discuss the establishment of 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 through 13 (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 SUMMARY The applicant, Christopher Galvin, represented by K.H. Webb Architects, is requesting a work session with the Town of Vail Planning and Environmental Commission to discuss an application to establish Special Development District No. 41, Vail Rowhouses, located at 303 Gore Creek Drive/Lots 7 through 13, Block 5, Vail Village Filing 1. The Community Development Department recommends the Planning and Environmental Commission listens to a presentation, provides feedback, and then tables this item to its February 23, 2009, public hearing for further discussion. DESCRIPTION OF THE REQUEST The applicant, Christopher Galvin, represented by K.H. Webb Architects, is requesting a work session with the Town of Vail Planning and Environmental Commission to discuss an application to establish Special Development District No. 41, Vail Rowhouses. The purpose of this work session is to update the Commission on the status of the applicant's request. Initially, the purpose ofthe proposed special development district is to streamline the review process for future renovations to the subject sites (i.e. eliminating the need for multiple variances) while maintaining the row house character of the subject property. The applicant's initial application proposed zero side setbacks, instead of 20', between units; reducing the building height limit bythree feet; allowing the existing number of dwelling units; allowing the existing number of parking spaces; eliminating GRFA (gross residential floor area) limits; and adopting facade design guidelines. The applicant has revised the proposal since the Commission's last work session. The purpose ofthe applicant's revised proposal is to not onlystreamline the development review process for future renovation, but to also increase the development potential for the subject properties. The applicant is proposing development potential increases ranging from 13% to 18% for the individual subject lots. The applicant's most recent proposal now includes reducing Lot 13's east setback from 20 feet to 10 feet adjacent to Park, raising the building height limit back to the existing zoning standards, and replacing the current GRFA limits with an FAR (floor area ratio) limit, and above grade site coverage limits based upon building envelopes. To offset the now proposed increase in development potential, the applicant is considering providing Meadow Drive/Chalet Road streetscape improvements and/or improvements to the public park along Chalet Road. BACKGROUND On December 22, 2008, the Planning and Environmental Commission held a work session to discuss the applicant's initial proposal to create a special development district with the purpose of streamlining the development review process without substantively altering the allowed development potential for Lots 7-13 of the Vail Rowhouses. The Commission was generally supportive of the concept and request additional documentation/calculations demonstrating that the development potential was not being altered. IV. ZONING ANALYSIS The deviations to the prescribed development standards adopted in conjunction with SDD No. 41, Vail Rownhouses are shown in bold text in the table below. Zoning: High Density Multiple-Family Land Use Plan Designation: Vail Village Master Plan Study Area Current Land Use: Residential Development Standard Previous Proposal Revised Proposal Buildable Area (min): existing conditions no revisions Setbacks (min) Front: no change Sides (Lots 7-12): existing conditions Sides (Lot 13 west side) existing conditions Sides (Lot 13 east side) no change Rear: existing conditions Gore Creek no change Building Height (max): reduced to 45'/42' no revisions no revisions no revisions 10 feet no revisions 48'/45' per zoning Density - DU's (max): existing conditions no revisions Density -GRFA (max): none FAR (floor area ratio) Site Coverage (max): no change building envelopes Landscape Area (min): no change no revisions Parking (min): existing conditions no revisions Employee Housing no change no revisions Mitigation Design Guidelines Facade guidelines no revisions V. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Gore Creek Outdoor Recreation South: Residential and Parking Commercial Core 1 & Parking Districts East: Public Park Outdoor Recreation West: Residential High Density Multiple-Family VI. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed special development district and provides the applicant with any feedback or direction. The Community Development Department recommends the Planning and Environmental Commission tables this item to its February 23, 2009, public hearing forfurther discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a final recommendation to the Vail Town Council for the establishment of 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 through 14 (Vail Rowhouses)/Lots 7 through 14, Block 5, Vail Village Filing 1, and setting forth details in regard thereto, to its February 23, 2009, public hearing. " VII. ATTACHMENTS A. Applicant's Revised Request MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 9, 2009 SUBJECT: A request for a final recommendation for prescribed regulation amendments, pursuant to Section 12-3-7, Amendments, Vail Town Code, to amend Section 12- 7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1, and setting forth details in regard thereto. (PEC090001) Applicant: 450 Buffalo Properties, represented by Michael Hecht Planner: Bill Gibson I. SUMMARY A request for a final recommendation to the Vail Town Council for a prescribe regulation amendment pursuant to 12-3-7, Amendments, Vail Town Code, to amend Section 12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1 District, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forwards a recommendation of denial subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant's proposed regulation amendments (see Attachment A) are as follows: (text to be deleted is in °+r;°~" text that is to be added is bold, and sections of text that are not amended have been omitted): 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 8. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Business offices Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Professional offices Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 17. First Floor Business or Professional Office Use: a. Office use is part of a coordinated mixed use development; and, b. Office use is advantageous to create compatibility with or a transition to other development in the vicinity; and, c. Office use is designed to the same general scale and character of other uses in the zoned district; and, d. Office use is consistent with the intent and objectives of the Lionshead redevelopment master plan; and, e. Offices for real estate agents, sales and brokerage shall be excluded; and, f. The storage, sale, or display of merchandise shall occupy less than ten percent (10%) of the office's floor area; and, g. Off street parking shall be provided in accordance with Chapter 10 of this title; and, h. Signage shall be provided in accordance with Title 11, Sign Regulations, of this code. 2 III. BACKGROUND The Lionshead Redevelopment Master Plan was adopted in December 1998 and the Lionshead Mixed Use 1 District was established in early 1999. Originally, the Lionshead Mixed Use 1 and 2 Districts prohibited office uses on the first floor or street level. In November of 2004, the Town of Vail adopted amendments to the zoning regulations to allow temporary business offices on the first floor in these two districts. In January of 2005, Vail Resorts obtained a conditional use permit to allow a temporary business office in the applicant's tenant space on the first floor of the Treetops Building located at 450 East Lionshead Circle. This conditional use permit was renewed on multiple occasions and is scheduled to expire on August 30t" of this year. The proposed amendments could facilitate the permanent location of offices in the applicant's Treetops Building first floor tenant space as well as first floor spaces throughout Lionshead. A copy of the applicant's letter of request has been attached for reference (Attachment A). IV. ROLES OF REVIEWING BODIES 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. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS (in part) Sections 12-1-2: PURPOSE (Zoning Regulations), 12-7H-1: PURPOSE (Lionshead Mixed Use 1 District), 12-71-1: PURPOSE (Lionshead Mixed Use 2 District), and 12-16- 1:PURPOSE; LIMITATIONS (Conditional Use Permits), Vail Town Code. LIONSHEAD REDEVELOPMENT MASTER PLAN (in part) 2.1.1 Purpose of the Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer aworld-class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of growth in accommodation units ("hot beds"), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. The master plan is intended to provide direction over the next 15 to 20 years. 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. 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 redevelops. 4.1.2 East Lionshead -Civic Hub The civic hub of Lionshead is comprised of Dobson Ice Arena, the Vail public library, the Lionshead public parking structure, and the proposed Vail Civic Center site on the east end of the parking structure. Although this area also contains several lodging properties and may support office or retail development in the future, all planning and design decisions here should be respectful of and compatible with these civic components. 4.1.3 Resort Retail and Commercial Hub This area, also known as the Lionshead pedestrian core, is the heart of Lionshead and the epicenter of pedestrian and retail activity. A mixed-use environment, this area is comprised of retail shops, skier services, offices, residential units, and restaurants, but it has no coherent identity. More people access the mountain from here than from Vail village, yet the area experiences low retail sales and weak evening activity. Non-retail businesses in what should be a high volume retail environment further erode its retail potential. 4 The priority for this area is to reinforce and enhance the identity of a premier destination resort. This requires higher quality retail activity, an active pedestrian environment, greater diversity of public spaces, and a focus on lodgings that reinforce activity. All planning and design decisions should further this goal. A priority need identified by the master plan is a high quality resort hotel in the Lionshead core to provide the dynamic infusion of people that will support a vibrant retail district. A corollary need is a more identifiable pedestrian portal into the Lionshead core from the west; the absence of awell-designed gateway from this side is a significant obstacle to the capture of the west Lionshead bed base by core area retailers. 4.1.4 Resort Lodging Hub This area of Lionshead is located just west of the Lionshead retail core and is comprised almost exclusively of high-density residential and lodging products. All future planning and design decisions in this area should work to reinforce the residential nature of the neighborhood and retain the sense of privacy desired by individual properties. New development in this area should aim for quieter pedestrian streets, well-defined pedestrian connections, more intensive landscaping and higher quality streetscape development. 4.1.5 West Lionshead -Residential/ Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, a former gas station, the Vail Professional Building, and Cascade Crossing. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating ayear- round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. Chaater 5: Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter -and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.8 Lionshead Retail Core The Lionshead retail core (see figure 5-8) is comprised of the Vail Associates core site, the surrounding pedestrian mall environment, and the retail faces of adjacent buildings. This central area is the heart and soul of Lionshead and constitutes the most critical area for public and private improvements. The Vail Associates core site represents the most likely near-term redevelopment project, but it is essential that the Town of Vail take all available steps to encourage and facilitate other efforts to enhance and redevelop the retail core. Specific recommendations are as follows: 5.8.2 Ground Level Retail Expansion Opportunities Ground floor retail expansion should be encouraged on existing structures that do not currently extend to their designated build-to lines and are not likely to be completely redeveloped. The most significant places for ground floor retail expansion are the east face of the Vail 21 building and the south and west faces of the Lionshead Arcade building. 5.8.5 Retail Space Allocation A primary goal of the Lionshead Master plan is to increase both the amount and the quality of retail space in the pedestrian core. The sunny south-facing sides of buildings (for example, at the Lifthouse Lodge and the creek side of the VA core site) are ideal for restaurants. The shadier north-facing sides are more appropriate for retail uses that do not benefit as much from a direct relationship with the outdoors. Use of ground floor commercial space for offices is not recommended on the primary pedestrian mall; these businesses should be located instead on the second story or outside the main pedestrian corridor. 5.8.8 Pedestrian/ Retail Connection to West Lionshead Circle The most important missing link in the Lionshead retail mall is a direct connection between the east end of the Montaneros condominiums and the intersection of h West Lionshead Circle and Lionshead Place. This connection would connect the Lionshead mall to West Lionshead Circle and would remove the awkward grade transition at Concert Hall Plaza. Figure 5-11 suggests that, at the least, a connection could occur between the north side of the Montaneros and the south side of a redeveloped Concert Hall Plaza. The optimum solution would entail the redevelopment of Montaneros, enabling a direct connection with retail frontage on both sides (see figure 5-12). 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 intended to allow opportunities for business offices or professional offices on the first floor or street level within the Lionshead Mixed Use 1 District. If the Commission chooses to approve the proposed amendments, Staff recommends these same amendments be applied to the Lionshead Mixed Use 2 District. Within both districts, office uses are allowed in the basement and upper floors of buildings; however, they are not allowed on the first floor. Several sections of the Lionshead Redevelopment Master Plan clearly discourage non-retail uses being located at street level within the Lionshead Retail Core Area. The Lionshead Redevelopment Master Plan contemplates future office uses in the East Lionshead area and recommends no net loss of office uses in the West Lionshead (Ever Vail) area. However, the Plan does not address where these office uses should be located within a given building located in the western or eastern Lionshead areas. Based upon the Town's zoning regulations, these office uses will be established/re-established within the non-first floor portions of the building. 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 Lionshead Redevelopment Master Plan contemplates future office uses in the East Lionshead area and recommends no net loss of office uses in the West Lionshead (Ever Vail) area. However, the Plan does not address where these office uses should be located within a given building located in the western or eastern Lionshead areas. Based upon the Town's zoning regulations, these office uses will be established/re-established within the non-first floor portions of the building. Within both districts, office uses are allowed in the basement and upper floors of buildings; however, they are not allowed on the first floor. Several sections of the Lionshead Redevelopment Master Plan clearly discourage non-retail uses being located at street level within the Lionshead Retail Core Area. 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 Since the original adoption of the Lionshead Redevelopment Master Plan and Lionshead Mixed Use 1 and 2 Districts, numerous Lionshead properties have redeveloped. During the course of this redevelopment activity, the Town of Vail revised the zoning regulations to allow temporary business offices to be located on the first floor in the Lionshead Mixed Use 1 District with a conditional use permt. These amendments facilitated the relocation of Vail Resorts offices displaced from the former Gondola Building to the Concert Hall Plaza and Treetops buildings. The conditional use permits for these temporary offices have received multiple extensions which have allowed those offices to remain in place since 2004. These permits are again scheduled to expire this year. Staff believes another review of these temporary business office conditional use permits may be more appropriate than permanently allowing office uses on the first floor of the entire Lionshead area. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes this proposal is contrary to the purpose of the horizontal zoning policies established in the commercial core areas. The Commercial Core 1 District in Vail Village and the Lionshead Mixed Use 1 and 2 Districts in Lionshead were intentionally established to prohibit non-retail uses on first floor or street level of buildings. Staff does not believe the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations 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 Based upon review of the criteria outlined in section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council for prescribed regulation amendments, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of denial of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of denial 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 February 9, 2009, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The amendment is not 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. The amendment does not further the general and specific purposes of the zoning regulations, the Lionshead Mixed Use 1 District, and the Lionshead Mixed Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16- 1, 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. " Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Section 12-71-3, Permitted and Conditional Uses; First Floor or Street Level, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business office and professional office on the first floor in the Lionshead Mixed Use-1 and Lionshead Mixed Use-2 Districts, 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 recommends the following conditions: "The prescribed regulation amendments shall be subject to the following conditions: 9 1. The proposed amendments shall apply to the Lionshead Mixed Use 2 District. 2. In addition to the applicant's proposed use specific criteria and standards, offices shall not be located within the Lionshead Retail Core Area as defined by the Lionshead Redevelopment Master Plan. 3. In addition to the applicant's proposed use specific criteria and standards, offices shall not be located along pedestrian corridors and connections the as defined by the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, 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 February 9, 2009, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. 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. The amendment furthers the general and specific purposes of the zoning regulations, the Lionshead Mixed Use 1 District, and the Lionshead Mixed Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-1, 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. " VII. ATTACHMENTS A. Applicant's request B. Lionshead Retail Core Area Map C. Pedestrian Walks and Paths Map D. Overall Pedestrian Corridors and Connections 10 Attachment A Addendum to Zoning Code Amendment Application of Buffalo Properties Group. LLC, for Zone Change for Lionshead Miffed Use (LMU-1) District Request to add to Section B. Conditional Uses, of Definitions already set forth in Section 12-2-2. OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as office of real estate or insurance agents, brokers, secretarial or stenographic services. or offices for general business activities and transactions, where storage, sale, or display- of merchandise on the premises occupies less than ten percent (10° o) of the floor area. OFFICE, PROFESSIONAL: An office for the practice of a profession, such as office of ph~-sicians. dentists, la~~%vers, architects, engineers, musicians, teachers, accountant, and other ~~%ho through trainilig are qualified to perform services of a professional nature, where storage, sale or display- of merchandise on the premises occupies less than ten percent (10%) of the floor area. Applicant suggests some use specific considerations, to be incorporated into 12-16-7, for the granting of the ne« Conditional Uses. Ground Floor Business or Professional Office use: a. Office use is part of a coordinated miffed use development: and b. Office use is advantageous to create compatibilit5r «~ith or a transition to other development in the vicinity-; and c. Office use is designed to the same general scale and character of other uses iii the zoned district: and Office use is consistent with the intent and objectives of the Lionshead redevelopment master plan; and e. Offices for real estate agents. sales and brokerage shall be excluded; and The storage, sale. or displa~~ of merchandise shall occup~T less then ten percent (10%) percent of the office's floor area; and g. Off street parking shall be provided in accordance ~~;ith Chapter 10 of this title: and h. Signage shall be provided ili accordance ~~-ith Title 11, "Sign Regulations", of this code. Zone Change will app1~- to entire Lionshead Miffed Use (LMU-1) District, insuring fair and uiufonn application of the new standards requested, solves problems created b~- prior regulations creating trine limitations for conditional uses. wluch have proved to be based on assumptions not born out b~- market and business realities within the Lionshead Miffed Use (LMU-1) District. 11 Attachment B LI~~~E~L'~~} A6k~d~]F 1 r ~~ . b ~~ 'S'AID A~~IAI~ ~[}R~' S.ITE LA_*17~+lA~2IC R~'CAEL ~" l.i~Fhl%1=;FiT ~AE~1~ J PLItZA ' ~'~ vAk-.~+~' F° ~~f ~- ~~~ _~. ~ :r S 1~ ; ~ ..f °- ~ ~,,q_ ~~r~~~ ...+.~.t~ 5.~ - ~ ~ ~ ~ ~ . ~~ •~ ~. ~ ~~~~ 1ti :~-;~. ~ - .. - ~ _ -. ..x k~ ~ yf"~' ~_. 1 9RTI~:i"3fT~Ti T.f?T7[".F fire Ste- pia°rrs~a~'~e6~e! d~'a~re.~~s7 12 AttachmentC 1, f U{{ ~I ~ ~~~~ ,~ ~i-~~ ' ~ . , ~. ~ ~j I o ~~ . r/ O a / ~ m 3 ~ ~ < ~ m a // / ~ 3 W 6~ ~a~ ~ r ~ W~ ~ O ~ ®d w a~~ w "G, "G1G , a ~ F y z W ®w ~i c o€ r \ ~ ' ' ~ ~ ~ ! ~ ~ f ~k ~~ ~ ~/ ~. 1 ~ ~~ 1 t! ~~ ~ 1~ ~Jl'I ~' '~-, IJ Attachment D ~ p 'd I I _~ ~-` I ` _~_ __ ~_ -- i it E' ~~ E fF ~ I ~ S ~ O a ~' ~~ ox 1' MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 9, 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 Lot", 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 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, 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 currently 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 includes 27 which are enclosed within the lowest level of the proposed structure; and The inclusion of 9 public skier drop-off spaces on the west end of the site; A copy of the document entitled North Day Lot Employee Housing dated revised January 30, 2009 (Attachment B), and a reduced set of plans dated February 4, 2009, are attached for reference (Attachment A). III. BACKGROUND • The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. • 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 September 27, 2004 the Lionshead Core Site (Arrabelle) was approved which removed the Sunbird Lodge containing employee housing. A requirement of the Arrabelle approval and the removal of the Sunbird Lodge was that 120 employee beds needed to be constructed. • Over the past several months the Town and Vail Resorts Development Company have been exploring how to jointly locate employee housing and a transit center on the site. The conclusion was, that while these uses could be jointly located on the site, 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 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." 2 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. 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. Zoning Regulations 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. 12-7H-18: MITIGATION 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 reasonable 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. Off Street Parking and Loading (in part) 12-10-20: Special Review Provisions: Notwithstanding the provisions of section 12-10-18 of this chapter, the planning and environmental commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the planning and environmental commission: A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and B. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 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 4 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. 2.3.4 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. Chapter 3 -Existing Conditions Assessment 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The North Day Lot (see figure 3-15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation facility, employee housing, and other uses contemplated under the zoning on the property (LMU-1). The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the EverVail project. 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. 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed North Day Lot, the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities that may be necessary in West Lionshead. 4.8 Parking Parking is a critical component in amixed-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 attributes 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 h 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 maybe more desirable visually, it must be properly designed so as not to detract from the guest's arrival experience. 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map W). 4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building, Cascade Crossing, North Day Lot, and the former gas station site All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing protect and provide housing for new employee generation. The North Day Lot may also need to accommodate a transit center on the ground level of the development site. Additionally, it may be necessary to develop a higher revenue- generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the following issues need to be considered. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters: a. Density The site offers a unique opportunity to achieve significant density. It is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. b. Building Height for Employee Housing It may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. c. Parking It may be appropriate to reduce the parking requirements for employee housinp at this location piven the sites proximity to transportation facilities, lobs, and pedestrian routes. In consideration for reducing employee parking for the housing provided on this site, parking for other employees of the owner provided on this site should be considered. Excess parking maybe used to satisfy the no net loss of parking policy or for future parking requirements of other development on the property. d. Site Coverage and Landscape Area and Setbacks Consideration should also be given to increasing site coverage and reducing setbacks and landscape area in order to maximize the amount of employee housing on the site and/or due to impacts associated with the development of a public transportation facility on the property. With any deviation to development standards prescribed in the master plan and zoning regulations, consideration of impacts should be afforded to the neighboring residential uses to the North Day Lot. Any design with such deviations will need to be sensitive to creating good designs with mitigation measures such as heated sidewalks and well planned landscape materials. Additionally due to impacts from the Town's dispersed transportation center on neighboring residential uses, mitigation measures should be provided to buffer and screen residential uses. e. Encroachments on Town Land The Town of Vail owns a small parcel of land on the north side of the north day lot which accommodates the pedestrian bridge over the interstate highway. This land was dedicated to the Town by Vail Associates in 1976. In order to allow for more efficient layout and development of employee housinp on the site and/or the dispersed transportation facility, the Town should give consideration to allowing development of employee housing and/or transportation uses on this parcel of land as part of the development of the north day lot• 9 Chapter 5 -Detailed Plan Recommendations 5.9 North Day Lot While the North Day Lot is a privately own parcel of land, consideration should be given by the owner and the Town to including transportation related uses on the ground floor. Ideally the uses to be considered for the site should include skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13). By relocating these functions from their existing locations to easily accessible locations, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the dispersed transportation facilities may include: a. Skier drop-off: Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. It should be noted that the North Day Lot is a small parcel of land and that the location and shape of this parcel may not allow for all of the uses identified above without having significant implications to traffic circulation patterns and the owners ability to develop the site with a quality development as allowed under zoning for the property (the site is considered one development site for the purposes of zoning). There needs to be a balance between the development goals for the property and the impact of public uses on those goals. In order to meet the obligations of agreements regarding the Arrabelle project (core site), at a minimum skier drop off must occur on this site. As discussed below, the Lionshead parking structure and West Lionshead also provide opportunities for some of the transportation functions identified above. Given the impacts of a public transportation use and to maximize the opportunities for employee housing on the property, development standards such as site coverage, landscape area, north side setbacks, and building height may be adjusted to afford more flexibility to the property owner (see section 4.9.4.3) and approved by the Planning and Environmental Commission. In order to create more efficiency with the site development and to mitigate for the presence of a public transportation facility on private property, the Town may allow for encroachment of uses on the parcel of land owned by the Town on the north side of the north day lot. This encroachment may also help to mitigate impacts to adjacent 10 properties to the south by maintaining adequate setbacks. There maybe a need to move or enhance the pedestrian bridge abutment and access as part of the transportation facility. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind depicted in figure 5-13a, a linear building, screen, and/or landscape buffer is recommended at the southern edge of the site to screen the lower levels of the Landmark properties from the transportation facility. If necessary to provide adequate buffering a wall or fence in excess of 6' could be considered. This screen could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. The dispersed transportation facility may be covered by employee housing or other uses contemplated by the Lionshead Mixed Use Zoning -1 and any exemptions/deviations discussed herein. Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: West Lionshead Lionshead Parking Structure North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. Vail Land Use Plan 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. 11 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: 10,000 sq. ft. 47,480.4 sq. ft. 47,480.4 sq. ft. Setbacks All Sides: 10 ft. NA North - 30 ft. East- 11 ft. West- 11 ft. South- 16 ft. Building Height: 82.5 ft. max NA 70.8 ft. max 71 ft. avg. NA avg. Density: DUs (35/ac.) - 38 NA NA EHUs (unlimited) NA 32 units GRFA: 118,701 sq. ft. NA NA Site Coverage: 33,236 sq. ft. NA 13,675 sq. ft. (70%) (28.8%) Landscape Area: 9,496 sq. ft. (20%) NA 18,544 sq. ft. (39%) 12 Parking: 1.4/EHU 105 spaces 40 EHUs (27 enclosed 67.5) 9 skier drop-off Loading 1 berth NA 1 berths VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Interstate NA South: Residential Lionshead Mixed Use 1 District East: Residential Lionshead Mixed Use 1 District West: Residential Lionshead Mixed Use 1 District VIII. CRITERIA Maior Exterior Alteration Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 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, commercial/retail establishments, and employee housing. 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 North Day Lot employee housing and skier drop-off plan for compliance with the expressed purposes of the Lionshead Mixed Use-1 zone district, staff finds that the major exterior alteration application complies with the intent of the zone district. The applicant is proposing to develop 34 Type III employee housing units for a total of 120 beds and a 9 space skier drop-off facility, which are permitted under Lionshead Mixed Use 1 zoning. Staff believes this proposed North Day Lot development complies with this criterion. 13 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff resaonse: Staff has performed a review of the proposed North Day Lot for compliance with the development requirements of the Lionshead Mixed Use-1 district and Lionshead Redevelopment Master Plan. 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. Furthermore, staff has performed a review of the Lionshead Redevelopment Master Plan and found the plan to be in compliance with the site specific recommendations for the North Day Lot. Portions of the Master Plan relative to this request have been provided in Section V of this memorandum. Staff has also performed a review of the project with regard to Chapter 8, Architectural Design Guidelines, which identifies requirements for vertical and horizontal facade stepping, establishment of hierarchy of materials, height, etc. Staff has found that the proposed structure is 70.8 feet in height with no flat roofs, and has articulated facades which meet the horizontal and vertical articulation requirements. In addition, there is a clear base, middle, and upper segmentation to the structure. The Design Review Board will be reviewing the proposal for compliance with the Master Plan with regard to the detailing, fenestration, material selection and application. Staff believes this proposed North Day Lot development complies with this criterion. 3. 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 North Day Lot major exterior alteration application and found that the proposed bulk, mass, and height of the structure, comply with the development parameters enumerated within the Lionshead Mixed Use 1 zone district. The development as proposed is developed at a scale and location on the site which was selected to minimize the impacts and concerns expressed by the Landmark and Westwind projects. Staff and the applicant have worked diligently through the process to hear and address as many concerns of the neighboring properties as possible. Specifically items which have been included within the project are building location on the site, heating of the paved areas to reduce impacts of snow plow activities, and incorporation of a barrier on the Landmark property line to address directing of skier drop-off patrons and residents of the proposed project to the appropriate destinations (Design Review Board will address the appropriateness and design of the proposed barrier). 14 Staff does not believe there are any significant negative effects on the character of the neighborhood, therefore the proposal is in compliance with this criterion. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Resaonse: Staff has reviewed the proposed North Day Lot major exterior alteration application and found that the proposal impacts the following applicable elements of the Vail Comprehensive Plan. 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) • Vail Land use Plan (adopted 1986) With regard to the Transportation Master Plan the applicant provided the Public Works Department with a traffic study and roadway designs which have been reviewed and addressed by the Town Engineer and have been found to be correct and in compliance. 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 as provided in Section V of this memorandum and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal complies with the Vail Land Use Plan designation of the site as Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, the Commission shall make the following finding as part of the motion: "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 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. " 1 Off Street Parking Requirement Reduction Section 12-10-20, Special Review Provisions, Vail Town Code, outlines the review criteria for requesting a reduction in the required off street parking for a development. According to Section 12-10-20, Vail Town Code, a reduction to the required off-street parking requirement shall be reviewed for compliance with the following criteria: That parking demand will be less than the requirements identified in Section 12-10-10 of this Chapter; and Staff Response: The parking requirement for the 32 employee housing units proposed is 1.4 spaces per unit. This results in a requirement of 44.8 parking spaces for the site. The applicant is requesting that the required parking for the proposed development be reduced to 40 parking spaces of which 27 would be enclosed within the lowest level of the structure. The Town has reviewed several employee housing developments and developments which contain employee housing and determined that there are instances where a reduction in parking is warranted. The proposed project will be owned and operated by Vail Resorts and occupied by employees working on the mountain. It is anticipated that the majority of the occupants will be seasonal workers whom will not need a vehicle to travel to their place of work. It is furthermore anticipated that vail Resorts will offer occupancy of these units to employees who come without a car first as they do in other projects they operate. Section 4.9.4.3c, Parking, Lionshead Redevelopment Master Plan, states the following which identifies the possible benefits of reducing the parking on the North Day Lot: It may be appropriate to reduce the parking requirements for employee housing at this location given the sites proximity to transportation facilities, jobs, and pedestrian routes. Staff believes the proposal to reduce the required parking by 4.8 spaces meets this criterion. The probable long term use of the building or structure, based on its design will not generate additional parking demand; and Staff Response: The proposed employee housing on the North Day Lot is comprised of 28 four-bedroom and 4three-bedroom dormitory style units. These unit sizes result in an average of 281 square feet per employee in the four bedroom units and 316 square feet in the three bedroom units. It has been the experience of the Town that units of this configuration and in a location with great proximity to the work generator require fewer parking spaces. Furthermore, there will be deed restrictions placed upon each 16 unit within this development which will limit the ability to change the use and occupancy over time without direct involvement with the Town. Staff believes that the ownership, unit configuration, and recorded deed restrictions will result in the long term use of the structure as proposed currently which results in fewer need parking spaces. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan: and Staff Response: While the proposal does not included any managed solutions as identified in the above criterion, the applicant is proposing to operate the occupancy of these units as they do in other development they operate which give priority to those occupants that do not have a car. Furthermore, there are on-site laundry services which further reduce the need for transit needs. Staff believes the proposal complies with this criterion. 4. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the uses or business activity. Staff Response: The proposed North Day Lot employee housing development is on the periphery of the Lionshead retail core which has access to numerous services and bus lines. There are bus stops at Concert Hall plaza and on East Lionshead Circle which are within walking distance of the development. These bus stops integrate into the larger public transit system in the Town and the County. Staff believes there is access to alternative modes of transportation that warrant a reduction in 4.8 parking spaces for the North day Lot employee housing development. Should the Planning and Environmental Commission choose to approve the reduction to the required off street parking application, the Commission shall make the following finding as part of the motion: "Pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed project will create a parking demand which is less than the requirements identified in Section 12-10-10 of this Chapter, the probable long term use of the building or structure, based on its design will not generate additional parking demand, the use or activity is part of a demonstrated permanent 17 program intended to reduce parking demand that has been incorporated into the project's final approved development plan, and the proximity or availability of alternative modes of transportation is significant and integral to the nature of the uses or business activity." 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, 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 to include a 32 unit employee housing project, 40 parking spaces, and 9 public skier drop off spaces, located at 600 West Lionshead Circle/Part of Lot 1, Block 1, 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 and off street parking reduction 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 major exterior alteration and off street and parking reduction 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 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. Pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed project will create a parking demand which is less than the requirements identified in Section 12-10-10 of this Chapter, the probable long term use of the building or structure, based on its design will not generate additional parking demand, the use or activity is part of a demonstrated permanent program intended to reduce parking demand that has been incorporated into the project's final approved development plan, and the proximity or availability of alternative modes of transportation is significant and integral to the nature of the uses or business activity. " Should the Planning and Environmental Commission choose to approve the major exterior alteration and off street parking reduction as submitted by the applicant, staff recommends that the following conditions be placed on the approval: 18 For Desian 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. Prior to Submitting for Building Permits 2) 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 North Day Lot improvements. 3) That the Developer shall provide a plan for review and approval by the appropriate reviewing authority, depending on the plan submitted, for temporary replacement of the 105 parking spaces that will not be available during construction of the North Day Lot employee housing project and prior to their permanent inclusion within the Ever Vail or some other project. The plan providing for 105 parking spaces shall be made for the entirety of the time period that parking is not available on the North Day Lot or in a permanent location such as Ever Vail. This plan shall be provided and approved prior to submittal of building permits. 4) The Developer shall enter into a revised employee housing agreement, in a form satisfactory to the Town, which establishes the dates by which building permits will be submitted and construction shall commence for the letter of credit currently posted as security for the project, which can be negotiated by the Town of Vail. This agreement shall be in place within 30 days of approval of the major exterior alteration. 5) The Developer shall enter into a revised permanent skier drop-off agreement, in a form satisfactory to the Town, which establishes the dates by which building permits will be submitted and construction shall commence for the letter of credit currently posted as security for the project, which can be negotiated by the Town of Vail. This agreement shall be in place within 30 days of approval of the major exterior alteration. 6) The Developer shall provide the Town a construction schedule for the North Day Lot employee housing and permanent skier drop-off project for review and approval by the Town of Vail within 30 days of the approval of the major exterior alteration. Said schedule shall include but not be limited to identification of a building permit submittal date, a commencement of construction date, and a completion of construction/delivery date. This schedule shall be utilized in the review of conditions 4 and 5 included with this approval. 7) The Developer shall enter into a skier drop-off operation and maintenance agreement, in a form satisfactory to the Town, which establishes the standards, responsibilities and procedures for the permanent skier drop-off facility on the North Day Lot, prior to submitting for building permits. 19 8) The Developer shall enter into a construction and continued operation agreement for improvements to be constructed in Tract C, Block 1, Vail Lionshead Filing 3, in a form satisfactory to the Town, prior to submitting for building permits. 9) The Developer shall submit a construction access easement for the work to be performed on the Town owned parcel in conjunction with the permanent skier drop-off, in a form satisfactory to the Town, to allow for construction activities on Town land, prior to submittal of a building permit. Prior to Requesting a Certificate of Occupancy 10) The Developer shall submit a permanent easement for the skier drop-off, in a form satisfactory to the Town, which establishes the extent, rights, and privileges associated with the permanent nine space skier drop-off facility, prior to requesting a certificate of occupancy. 11) The Developer shall submit a permanent easement for the potential South Frontage Road access point into the site, in a form satisfactory to the Town, as depicted on Sheet C1.01 dated January 30, 2009, prior to requesting a certificate of occupancy. 12) The Developer shall submit a permanent cross-access easement for the use of a portion of Town land for circulation needs associated with the employee housing project, in a form satisfactory to the Town, prior to requesting a certificate of occupancy. 13) The Developer shall provide the Town with the legally executed and duly recorded Type III deed restrictions with the Eagle County Clerk & Recorder's Office for the 32 on-site employee housing units, prior to the issuance of a certificate of occupancy for the project. X. ATTACHMENTS A. Copy of proposed plans dated February 4, 2009 B. Document describing the project entitled North Day Lot Employee Housing & Skier Drop-Off dated revised January 30, 2009 20 N :: v':3 ., 4 .~~ .a _ r ~~ r~^ }. aji" Employee Housing & Skier Drop-Off ,"fie !: 'z°~i . ~. _s ~ . " ", c,~S~ , ~~ ~~ ~~,~ . A ?~~~ ~~ ,. ~~~ ti „may „^ -~ V . ~~ - '. ~. ,~ #T ~.. - ,. gas ~! i+ ~~ ~ F' North Day Lot Re-Submitted: November 10, 2008 REVISED: January 30, 2009 I;~i~"9T:1iali[)fti=5 R3' I~i;ti~()RTti I:,r_'lil ""['] i_7l:'t I. I:?~ I`I.lil 1~:.`r' ~ I: Mauriella Planning Group Table of Contents I. Table of Contents ................................................................................... 2 II. Consultant Directory ................................................................................ 3 III. Introduction ........................................................................................... 4 IV. Description of Proposal ............................................................................ 6 V. North Day Lot Timeline ............................................................................ 7 VI. Zoning and Parking Analysis .................................................................... 9 VII. Criteria for Review of Major Exterior Alteration ........................................... 10 VIII. Criteria for Review Parking Reduction ....................................................... 19 IX. Adjacents .......................................................................................... 21 iv L>t- 1 .l ~>.~ ~ 2 II. C®nsultant ®irect® Vail resorts ®evelopment Company Brandt Marott Tom Miller 1 37 Benchmark Road Avon, CO 81620 P: 970.754.2528 F: 970.754.2555 bma rott@va i I resorts. com ~2 Architecture Will Hentschel Eduardo Illanes 1 820 Folsom Street Boulder, Colorado 80302 P: 303.449.8900 F: 303.449.3886 whentschel@ozarch.com P~auriello Rlanning group Dominic Mauriello Allison Kent PO Box 1 127 5601 A Wildridge Road Avon, Colorado 81620 P: 970.748.0920 F: 970.748.0377 allison@mpgvaiLcom Alpine engineering, Inc. Kent Kriehn den Babcock Unit A9, Edwards Business Center Edwards, CO 81632 P: 970.926.3373 F: 970.926.3390 Kriehn@alpinecivil.com LandWorks ®esign, Inc. Gary Worthley 3457 Ringsby Court ~ Unit 1 10 Denver, CO 80216 P: 303.443.4257 F: 303.433.4359 gworthley@landworksdesign.com ~imley-Horn and Associates, Inc. Curtis D. Rowe, P.E., PTOE Suite 1050 950 Seventeenth Street Denver, Colorado 80202 P: 303.228.2300 F: 303.446.8678 Curtis. rowe@kimey-horn.com 3 III. I ntr®d ueti®n Vail Resorts Development Company is submitting this application to allow for the development of Employee Housing on the property commonly referred to as the North Day Lot, located at 600 West Lionshead Circle / Lot 1, Block 1, Vail Lionshead Filing 3. We are requesting a review of a major exterior alteration, which the Town Code defines as follows: 12-7H-7.• EXTEkIOk ALTE~P®4 TIONS OR MODIFICATIONS.• ~I. Review Required. The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Major Exterior ~I Iteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand ~1, 000 square feet of commercial floor area or common space, or any project which has substantial off site impacts has determined by the administrators shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. ~I ny project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. While the construction of EHUs does not meet the definition of this section, staff has determined that there is the potential for off-site impacts as a result of employee housing, and have deemed it necessary to review the project as a major exterior alteration. No conditional use permits are required for this project. We are requesting approval of the following: • Major Exterior Alteration: to allow for 32 Type III employee housing units, totaling 124 employee beds (to fulfill the Arrabelle TCO requirement of 120 beds). The remainder is a credit to fulfill future Vail Resorts' requirements. Along with the Major Exterior Alteration, we are requesting approval of a reduction to the number of required parking spaces for the employee housing project, as provided for in Section 12-10-20: Special Review Provisions, Vail Town Code. This would allow for a reduction in the number of required parking spaces from 1 .4 per unit to 1.25 per unit (44.8 spaces to 40 spaces). The North Day Lot is a relatively small development site, consisting of only 1 .09 acres. The property is zoned Lionshead Mixed Use - 1 and no mapped hazards exist on the site. In 1976, Vail Resorts deeded the adjacent property (.256 acres) that is now the terminus of the pedestrian overpass to the Town of Vail, further constraining the site. The North Day Lot has historically been used as a parking lot, consisting of 105 parking spaces. Displaced parking from development of the site will be located within the parking structure at Ever ~~ ~>t - ~ . ~ ~> ~ ~ 4 Vail. The property is owned by Vail Resorts and parking has been pass-restricted to Vail Resorts employees. It is also adjacent to the terminus of the pedestrian overpass, which crosses I-70 from Red Sandstone Elementary School. Based upon the agreement between the Town of Vail and Vail Resorts Development Company, the North Day Lot is fulfilling the employee housing requirements of the Temporary Certificate of Occupancy of the Arrabelle. The requirements include providing the displaced employee beds from the demolition of the Sunbird, along with the employee housing requirements from the development of the Arrabelle - a total requirement of 120 beds. There is also a requirement for Vail Resorts to provide skier drop-off that was eliminated from Lionshead Place as part of the redevelopment of the core site. A total of 9 skier drop-off spaces have been provided. ./ ,!~' ,r ., Existing conditions at the /North Day Lot (winter 2008. Skier Drop-Off signage (winter 2009 N~_~rth C~~w L_rt- 1 .l ~>'_~_~ S Existing Conditions at the North Day Lot (winter 2009 IV. ®eseripti®n ®f Pr®p®sal The project consists of the 32 employee housing units, totaling 124 beds. As the current proposal is for employee housing units and the agreement pre-dated the Town's adoption of housing regulations, the project is exempt from both Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning. The requirement from the development of the core site into Arrabelle requires the replacement of 100 employee beds and the provision of 20 beds generated by the Arrabelle project. The measurement of 120 beds is based on the previous method of calculating employee housing requirements. Vail Resorts is proposing 4-bedroom and 3-bedroom units, which fall under the definition of a dormitory unit, as defined by Chapter 23, Vail Town Code: DORMITORY UNIT. ~I fype of employee housing unit which houses not more than five ~5~ persons and includes common kitchen facilities, a common bathroom, and a minimum of two hundred fifJ,y ~250~ square feet of GRF~I for each person occu~yinq the unit. This definition was created for exactly the type of housing project being provided. In addition, the Chapter 1 3, Employee Housing further describes a Type III employee housing unit, limiting it in size to the following: ~I. Dwelling Unit. 300 square feet minimum. 1, 200 square feet maximum. B. Dormitory Unit. ~I fype of EHU which houses not more than 5 persons and includes common kitchen facilities, a common bathroom, and a minimum of 200 square feet of GRF~I for each person (NOTE: the definitions of a Type III Employee Housing Unit and the requirements of the Chapter 23, Commercial Linkage are inconsistent) The proposed unit mix at the North Day Lot is as follows: Unit Type No. of units No. of Sq. ft. per unit Total Sq. ft. No. of employees Sq. Ft. per Bedrooms (~'~ ~ =r~ = t ~-=~ employee „~-,,,;,~=d~~ 4-bedroom 28 1 12 1,125 31,500 1 12 281 .25 3-bedroom 4 12 948 3,792 12 316 4 6R UNIT - 1.1i$ SF 3 BR IJfVIT - 948 8F V. N®rth ®av L®t Timeline The proposal for employee housing on the North Day Lot was originally reviewed by the Planning and Environmental Commission approximately a year ago. Since that time, the proposal on the North Day Lot has continued to evolve in other forums. A brief description of the timeline provides the background for how the plans have progressed into the current proposal: • December 1 1, 2007, amendment to Arrabelle agreement requires 120 beds to be located on the North Day Lot. • February 21, 2008, VR submits application to the Town of Vail with employee housing, transit center, and future development site for a hotel. PEC recommends denial based on future development site. -~ ~1 • April 22, 2008, VR resubmits application with employee housing and transit center only. TOV enters into agreement with VR to explore options for the transit center on the site. Over next 5 months, 8 options explored, 4 developed for review. ~5 I • September 16, 2008, Town Council decides to not pursue a transit center, but to explore options to put shuttles on the North Day Lot. • October 21 , 2008, Town Council decides not to include shuttles. Directs applicant to propose employee housing and skier drop-off only. 7 November 10, 2008, VR submits plan with employee housing and skier drop-off on the east. No improvements required on TOV property and exceeds parking requirements. TOV staff indicates concern with ve December 23, 2008, VR submits plans with employee housing and skier drop-off on the west, based on input from TOV staff. No improvements required on TOV property and exceeds parking requirements. Staff indicates concern with requiring skier drop-off vehicles to back up and requests a one-way circulation pattern. January 19, 2009, VR re-submits plans with employee housing and skier drop-off on the west. Allows for one-way vehicular circulation for skier drop-off spaces. Turnaround located partially on TOV property and eliminates excess parking. 8 VI. Z®nina and Parkina Analysis Below is a zoning analysis of the North Day Lot. This analysis is based on the 1.09 acre North Day Lot site. The site is currently zoned Lionshead Mixed Use - 1. There is a 30 ft. utility easement along the south property line along the South Frontage Road. L®t size: 1.09 acres 47,465 sa. ft. Standard ,III®wed Pr® ased Setbacks - North 10 ft. 10 ft. South 10 ft. 30 ft. East 10 ft. 10 ft. West 10 ft. 10 ft. B1ei ht Max 82.5 ft. 70.83 ft. Avera e 71 ft. NA Density 38.15 dwelling units (35 units er acre) EHUs do not count towards density ~RE~, 1 1 8,662 sq. ft. (250% of site area) EHUs do not count towards GRFA Site Coverage 33,225 sq. ft. (70% of site area) 13,675 sq. ft. (28.8% of site area) Landscape area Min of 9,493 sq. ft. (20% of site area) 20% of landscape area may be hardsca e 1 8,544 sq. ft. (39%) 1 2,626 sq. ft. softscape 5,91 8 s . ft. hardsca e L®adin 1 berth 1 berth Parking 1 .4 per unit 45 spaces (min of 23 spaces enclosed) 9 s aces for skier dro -off 1 .25 per unit 40 spaces for EHUs (27 enclosed) 9 spaces for skier drop-off 49 s aces total 9 North Day Lot Site Plan -Proposed VII. Criteria f®r Review ®f Maj®r Exteri®r Alterati®n The Lionshead Mixed Use-1 Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a description of the "compliance burden". 12-7H-~: 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 district, that the proposal is consistent with applicable elemenh of the Lionshead redeye%pment master plan and that the proposal does not otherwise have a signif"cant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable e%menh of the l/ail comprehensive plan. A. Purpose of the LMU-1 Zone District The Lionshead Mixed Use 1 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. Following the creation of the zone district, the Town of Vail rezoned all Lionshead properties from the existing zoning to LMU-l. It intended to create incentives for properties to redevelop. The purpose of the LMU-1 zone district is as follows: The Lionshead mixed use 1 district is intended to provide sites for a mixture ofmultiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, o~ces, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. 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 deve%pment/~edeve%pment proposal taking advantage of the incentives created herein, the fol%wing amenities will be evaluated. streetscape improvements, pedestrian/bicyc% access, public plaza ~edeve%pment, public art, roadway improvements, and similar improvements. The North Day Lot remains one of the few undeveloped properties in Lionshead. Currently, it serves as a parking lot for VR employees and includes 105 surface parking spaces. The property is greatly underutilized. Development of the site under the regulations of the Lionshead Mixed Use - 1 zone district will ensure that the site becomes an amenity to the neighborhood and the Town of Vail. There will be 32 Type III employee housing units. Type III EHUs are a permitted use in the Lionshead Mixed Use-1 zone district and do not count towards density or towards GRFA. 10 B. Lionshead Redevelopment Master Plon Compliance The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 1 S, 1998. It is a guide for property owners proposing to undertake development or redevelopment of their properties and municipal officials responsible for planning public improvements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design guidelines, and provides specific development standards that are implemented through the Lionshead Mixed Use-1 zone district. 3.9 4 l/ailAssociates Employee Parking 1/ail~Issociates currently utilizes two large surface parking lots within the study area for its employee parking needs. The /North Day Lot see figure 3-15~, with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation facility, employee housing, and other uses contemplated under the zoning on the property ~LMU-1~. The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the Everl/ailproject. As indicated by this policy, replacement parking for the parking spaces existing on the North Day Lot will be provided in the Ever Vail project, above and beyond the parking required for the Ever Vail project. In addition to the 9 skier drop-off spaces, there are a total of 40 parking spaces for the employee housing units proposed at the North Day Lot. It should be noted that the bulk of the original users of the North Day Lot were Vail Resorts employees working in offices located on the Core Site and parking for the Sunbird Lodge employee housing, which no longer exist. 4.5 2. 1 Re%cate the Regional Transit Stop Lt is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul- desac, be relocated to the proposed /North Day Lot, the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of (/ail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circ% and Lionshead Place. Lt may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. /Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of (/ail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of 1/ail initiated an update of the 1/ail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation 11 Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities that maybe necessary in West Lionshead. 4.6.6 Creation of a New Transportation Hub on the North Day Lot A principal component of the Lionshead transportation and circulation network is the creation of dispersed transportation facilities in the Lionshead area. This facility will remove transit and service vehic%s from other areas of Lionshead and create a major new entry point into the Lionshead pedestrian core. All or portions of these dispersed transportation facilities may be located on the /North Day Lot, the Lionshead parking structure, or in West Lionshead. This concept is fully discussed in chapter fi"ve. On September 16, 2008, the Town Council voted to not include a transit center on the North Day Lot therefore determining that other locations for transit facilities were more appropriate including West Lionshead Circle, West Lionshead (Ever Vail), and the Lionshead Parking Structure. Per this Town Council vote and direction, no transit facilities are included on the North Day Lot. The proposed project conforms to the above policies. 4.9 4.3 //ail Associates Service Yard Holy Crass Site, //ail Professional Building, Cascade Crossing, North Day Lot, and the formergas station site All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the /North Day Lot, (/ail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. The /North Day lot is considered to be the preferred location for a signifi"cant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The /North Day Lot may also need to accommodate a transit center on the ground level of the development site. Additionally, it may be necessary to develop a higher revenuegenerating product on a portion of the (/ail Associates service yard, Holy Cross, (/ail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the fol%wing issues need to be considered. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the fol%wing deviations from standard deve%pment parameters: a. Density The site offers a unique opportunity to achieve signifi"cant density. It is recommended that the standards for densityunits per acres be increased at this location to allow for a greater number of employee housing units. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make 12 appropriate the fol%wing deviations from standard deve%pment parameters. b. Building Height for Employee Housing It may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead ~I rchitectural Design Guidelines. ~I ny increase in building height will need to be reviewed on a case by case basis by the Town of (/ail, and any eventual building height will still need to be visually appropriate for this location. c. Parking It may be appropriate to reduce the parking requirements for employee housing at this location given the sites proximity to transportation facilities, jobs, and pedestrian routes. In consideration for reducing employee parking for the housing provided on this site, parking for other employees of the owner provided on this site should be considered. Excess parking may be used to satisfy the no net loss of parking policy or for future parking requirements of other development on the properly. d. Site Coverage and Landscape~Irea and Setbacks Consideration should also be given to increasing site coverage and reducing setbacks and landscape area in order to maximize the amount of employee housing on the site and/or due to impacts associated with the development of a public transportation facility on the property. With any deviation to development standards prescribed in the master plan and zoning regulations, consideration of impacts should be afforded to the neighboring residential uses to the /North Day Lot. ~Iny design with such deviations will need to be sensitive to creating good designs with mitigation measures such as heated sidewalks and well planned landscape materials. ~I dditionally due to impacts from the Town's dispersed transportation center on neighboring residential uses, mitigation measures should be provided to buffer and screen residential uses. e. Encroachments on Town Land The Town of 1/ail owns a small parcel of land on the north side of the north day lot which accommodates the pedestrian bridge over the interstate highway. This land was dedicated to the Town by 1/ail ~Issociates in 1976. In order to allow for more efficient layout and development of employee housing on the site and/or the dispersed transportation facility, the Town should give consideration to allowing development of employee housing and/or transportation uses on this parcel of land as part of the development of the north day lot. On September 16, 2008, the Town Council voted to not include a transit center on the North Day Lot therefore determining that other locations for transit facilities were more appropriate including West Lionshead Circle, West Lionshead (Ever Vail), and the Lionshead Parking Structure. Per this Town Council vote and direction, no transit facilities are included on the North Day Lot. Consistent with this policy, the applicant is proposing to replace the employee beds of the Sunbird Lodge on the North Day Lot. Additionally, the applicant is proposing to provide the employee beds generated by the Arrabelle project on the North Day Lot. The employee housing project proposed for this site complies with the density, building height, parking, site coverage, landscape area, setbacks, and all other requirements of the 13 Lionshead Mixed Use 1 zone district without the need for variation. A parking reduction is being requested in accordance with Section 12-10-20 of the Vail Town Code. It should be noted that the policy suggests that parking requirements for employee housing on this site should be reduced based on it location with respect to jobs and public transportation. No encroachments for structures on Town land are being proposed with this project. However, the drive aisles associated with skier drop-off (a public facility) are located on Town property. The proposed project conforms to this policy. 5.9 North Day Lot While the /North Day Lot is a privately own parcel of land, consideration should be given by the owner and the Town to including transportation related uses on the ground floor. Ideally the uses to be considered for the site should include skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up see figure 5-13~. By re%cating these functions from their existing locations to easily accessible locations, this would improve the qualify of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traf~"c study see appendix ~I~, the dispersed transportation facilities may include: a. Skier drop-off /Vine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of (/ail transit: Two bus spaces are recommended to accommodate the West 1/ail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. It should be noted that the /North Day Lot is a small parcel of land and that the location and shape of this parcel may not allow for all of the uses identifi"ed above without having significant implications to traf~"c circulation patterns and the owners ability to develop the site with a quality development as allowed under zoning for the property the site is considered one development site for the purposes of zoning. There needs to be a balance between the development goals for the property and the impact of public uses on those goals. In order to meet the obligations of agreements regarding the ~Irrabel% project score situ, at a minimum skier drop off must occur on this site. GIs discussed below, the Lionshead parking structure and West Lionshead also provide opportunities for some of the transportation functions identifi"ed above. Given the impacts of a public transportation use and to maximize the opportunities for employee housing on the properly, development standards such as site coverage, landscape area, north side setbacks, and building height may be adjusted to afford more flexibility to the properly owner see section 4.9.4.3 and approved by the Planning and Environmental Commission. In order to create more eft"ciency with the site development and to mitigate for the presence of a public transportation facility on private property, the Town may allow for encroachment of uses on the parcel of land owned by the Town on the north side of the north day lot. This encroachment may also help to mitigate impacts to adjacent properties to the south by maintaining adequate setbacks. There may be a need to move or enhance the pedestrian bridge abutment and access as part of the transportation facility. ~I critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Weslwind depicted in figure 5-13a, a linear building, screen, and/or landscape buffer is recommended at the southern edge of the site to screen the lower levels of the Landmark properties from the transportation facility. if necessary to provide adequate buffering a wall or fence in excess of 6' could be considered. This screen could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ~I DA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Weslwind. The dispersed transportation facility may be covered by employee housing or other uses contemplated by the Lionshead Mixed Use Zoning -1 and any exemptions/deviations discussed herein. Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Weslwind and the Landmark should be c%sely involved in the transit center planning and design process. Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the /North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of 1/ail to evaluate alternative locations for a transit center. ~I lternative locations include: • West Lionshead • Lionshead Parking Structure • /North Day Lot In 2006, the Town of 1/ail initiated an update of the 1/ail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. On September 16, 2008, the Town Council voted to not include a transit center on the North Day Lot therefore determining that other locations for transit facilities were more appropriate including West Lionshead Circle, West Lionshead (Ever Vail), and the Lionshead Parking Structure. Per this Town Council vote and direction, no transit facilities are included on the North Day Lot. The proposed project includes a public skier drop-off facility with 9 parking spaces. This skier drop-off area is provided per contract/agreement with the Town as part of the Arrabelle project. The proposed project conforms to this policy. 15 C. Character of the Neighborhood (/ail Spa Strata I/ail This area of Lionshead has undergone a major transformation over the last few years, and properties in the vicinity continue to upgrade. Early redevelopment projects, such as the Antlers and the Vail Marriott set the tone for improving existing buildings under the Lionshead Redevelopment Master Plan. Montaneros undertook a major remodel more recently. The Lionshead Inn and the Fabulous Vail Glo Lodge were recently approved for redevelopment by the Town of Vail, and have seta more modern precedent for the neighborhood, complimentary to the near-by Vail Spa. Discussions of redevelopment of Concert Hall plaza are continuing. Finally, the Landmark, the most adjacent neighbor of the North Day Lot, also recently was approved for a major renovation and is currently under construction. At this point in time, it is unknown what the future plans are for the Westwind. The plans for the redevelopment of the North Day Lot as an employee housing project will be complimentary to the character of the neighborhood. As an employee housing project, having people permanently reside in the Lionshead neighborhood will provide for a more vibrant community. The architectural character is also complimentary to the Lionshead neighborhood. 16 (/ail Marriott The ~I ntlers Weslwind Winter 2008 Landmark Winter 2008 D. ®ther Applicable Elements of the Vail C®mprehensive Plan The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this submittal and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 17 North Day Lot Employee Housing -Proposed 1.1 Vail should continue to grow in a control%d 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. 2.1 The community should emphasize its ro% as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 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. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. The development of the North Day Lot helps to further these goals as outlined in the Vail Land Use Plan. 18 VIII. Criteria f®r Review Parking Reducti®n Section 12-10-20: Special Review Provisions, Vail Town Code, allows the Planning and Environmental Commission to approve a reduction to the number of parking spaces required by the Vail Town Code. The Town Code requires 1 .4 parking spaces per employee housing unit, or a total requirement of 44.8 spaces. The North Day Lot, as proposed, will provide 1.25 parking spaces per employee housing unit, or a total of 40 parking spaces (a reduction of approximately 10%). In addition to the 40 parking spaces for the employee housing, an additional 9 spaces are provided on-site for skier drop-off. SI<ier drop-off will be signed for short-term use during the hours of 7:00 am - 5:00 pm and during the ski season only, but will be available to the employee housing project at all other times. Section 12-10-20 provides the following criteria for review of a parking reduction: A. The porki~g demand will be less thou the requirements identified i~ section 12-10-10 of this chapter. The employee housing units at the North Day Lot will be owned and managed by Vail Resorts, and occupied by employees working on Vail Mountain. This allows for the following considerations: • The residents of the North Day Lot are primarily seasonal workers. • The residents of the North Day Lot will not need vehicles to travel to their place of employment. Vail Resorts has the ability to ensure that the residents of the North Day Lot will not bring excessive numbers of vehicles, by leasing only to employees who agree to this requirement. Research of parking requirements for employee housing projects around the country indicate that the majority of employee housing projects are over-parked, especially if public transit is available. In many cases, parking ratios have been reduced to .75 - 1 spaces per unit. (from '"Parking Requirements Guide for Affordable Housing Developers"). The State of Colorado also encourages reduced parking ratios for affordable housing projects (from "Affordable Housing: A Guide for Local Officials"). A recent PUD approval for Copper Mountain allows for a seasonal employee housing project to be parked at .39 spaces per unit. A review of parking requirements for multiple-family units and/or employee housing units for various resort communities indicate that Copper, Keystone, Sunlight, Steamboat Springs, and Telluride allow for 1 space per unit (from "'Residential Parking Memo for Copper Mountain Resort" ). It is important to note that the Lionshead Redevelopment Master Plan also indicates that the parking requirement for employee housing at the North Day Lot should be reduced: c. Parking It may be appropriate to reduce the parking requirements for employee housing at this location given the sites proximity to transportation facilities, jobs, and pedestrian routes... 19 ~. The probable long term use of the building or structure, based on its design, will not generate additional parking demand. Unlike free-market projects within the Town of Vail, the North Day Lot units will be deed-restricted in accordance with Town requirements. The deed restriction clearly indicates that these units will remain as employee housing unless both Vail Resorts and the Town agree to lift the restriction. Therefore, the use within the building will likely not change, and therefore no additional parking demand is anticipated as a result of changing uses within the building. ~. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan. This criterion was intended to find solutions to limit the number of vehicles that employees take to a site. Unlike a commercial or mixed-use development, the North Day Lot will be occupied entirely by Vail Mountain employees who will be within walking distance to their job. As a result, this criterion does not apply to this project. ®. ~roximiiy or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. The North Day Lot is on the Town of Vail bus route. As the map indicates, the North Day Lot is on the red and green routes (travelling all of West Vail and the Vail Transportation Center) and the in-town bus route (travelling all of Lionshead to Golden Peak). Additional routes are available over the pedestrian bridge. In addition to Town of Vail bus service, the ECO buses stop at Concert Hall plaza, steps away from the North Day Lot. In fact, this site is better served by public transit than any other employee housing project in the Vrrla~e t Lroras~~e~a.d~ll Town of Vail. During the ski season, the buses run more often than the off-season. It is important to note that those times when bus service is limited (i.e. off-season), the skier drop-off spaces are not needed, and the site is fully parked. 20 IX. Ad jacents TOWN OF VAIL BOSELLI FAMILY PTNSHP C/O FINANCE DEPT 3195 LAFAYETTE DR 75 S FRONTAGE RD BOULDER, CO 80303 VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 LANDMARK CONDO ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CR VAIL, CO 81657 ARTINIAN, RON 5 BRISTOL DR MANHASSET, NY 1 1030 KUSHNER, SANDRA R. & LOUIS C/O ROTHMAN CORDON FOREMAN & GROUDINE PC THIRD FLOOR GRANT BUILDING PITTSBURGH, PA 15219 CONCERT HALL PLAZA CONDOMINIUM HAVENS SEPARATE PROPERTY LIVING TRUST ASSOCIATION GARY J. HAVENS TRUSTEE JENNIFER L LUFMAN 226 14TH ST 1700 LINCOLN STREET, SUITE 2400, SANTA MONICA, CA 90402 DENVER, CO 80203 MONTANEROS CONDOMINIUM ASSOCIATION, INC. KEITH ODZA 641 W LIONSHEAD CIR, VAIL, CO 81657 SCHNELL, PAUL & MADELEINE D. 225 CENTRAL PARK NEW YORK, NY 10024 INFINITY HOLDINGS AT VAIL LLC 7400 E CRESTLINE CIR 125 GREENWOOD VILLAGE, CO 801 1 1 THE MARK-LODGE CONDOMINIUM ASSOCIATION, INC. DAVE PEASE 715 WEST LIONSHEAD CIRCLE VAIL, CO 81657 DIAMONDROCK VAIL OWNER LLC C/O DIAMONDROCI< HOSPITALITY CO W03 ROCKLEDGE DR STE 800 BETHESDA, MD 20817 FINK, DAVID H. & AMY L. 2900 LAKEWOODS CT W BLOOMFIELD, MI 48323 VAIL VALLEY RENTALS LLC 140 FAIRFAX ST DENVER, CO 80220 FILES, JEFF P. 1019 KIMBALL DR DURHAM, NC 27705 BILLOTTI, PATRICIA 1 8 POWDER HILL SADDLE RIVER, NJ 07458 ECCI<ER, JOHN F. &PATRICIA L. 7734 LAUREL LEAF DR POTOMAC, MD 20854 CAPLA, TOMAS J. & JUDITH J. 2500 JOHNSON AVE RIVERDALE, NY 10463 VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 VAIL SPA CONDOMINIUM ASSOCIATION DANN PETER PO BOX 5480, AVON, CO 81620 21 ENZIAN AT VAIL CONDOMINIUM ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CIR, VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 VAIL CORP C/O VAIL RESORTS DEV CO PO BOX 959 AVON, CO 81620 LIONSHEAD INN LLC 705 WEST LIONSHEAD CIRCLE VAIL, CO 81657 LIONSHEAD INN LLC MARA M. 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Z- ~„ m ~ :n ~ ~i it i i i mu ~ it ~~~ _ i ~~m 4 z C ~ ~ r ~ ~ ul m Z Z 5 ~__-___. O m m¢ m U W m W -b J ~w W `~ I ~ I LL ~. Z-' ~ =. ~~ m~ ~~ 0 w J Q V C~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 9, 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 at grade circulation within 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 23, 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 take a look at the at grade circulation within the Ever Vail development. The work session will include: • An introductory presentation by the Ever Vail team on the at-grade circulation of pedestrians, buses, skier drop-off, guest arrival, skier parking, etc. III. BACKGROUND 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 fora 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. On January 26, 2009, the Planning and Environmental Commission held a work session at which a revised Frontage Road option was presented to both staff and the Commission which had not been previously shown. The general consensus was that the Frontage Road was moving in the direction of addressing the concerns of the Commission. IV. STAFF RECOMMENDATION The Community Development Department requests that the Planning and Environmental Commission listen to the presentation, ask questions, and provide any 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 23, 2009, public hearing. PLANNING AND ENVIRONMENTAL COMMISSION January 26, 2009 ~. 1:OOpm ~w~oFU~u TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz Sarah Robinson-Paladino Susie Tjossem Bill Pierce Rollie Kjesbo David Viele Scott Proper MEMBERS ABSENT Site Visits: 1. Ever Vail, 923, 934, 953, and 1031 South Frontage Road West Commissioner Robinson-Paladino departed at 2:00 upon return from the site visit. 45 Minutes 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: Tabled to February 9, 2009 MOTION: Kurz SECOND: Viele VOTE: 6-0-0 Nicole Peterson made a presentation per the Staff memorandum. Commissioner Proper stated that when it comes to private development, the Town seems to require as much parking as possible. However, it seems that in this situation, it seems inconsistent. Commissioner Pierce stated that it is beneficial to allow a parking reduction to reduce the cost of affordable housing and to allow for spending elsewhere, on other amenities. Commissioner Viele is not in favor of this because the Town has done a good job managing this on an ad hoc basis with the current regulations. The PEC has been able to make reasonable and rational exemptions from the parking code, and to depart from that would be a mistake. The type of employee housing varies, and the requirements would be very different. Example is Solar Vail versus Chamonix, with each project having very different needs. Commissioner Kjesbo agrees with Commissioner Viele. Chamonix and Timber Ridge are very different products, and have very different needs for parking. Allowing the PEC to review each request is important. At Solar Vail, the requirement was reduced, but it is important to review on case-by-case basis. Page 1 Commissioner Pierce stated that there is a delicate balance between what is necessary and what can be done. There needs to be guidelines so the developer knows how many spaces he needs to have on site. There might be room for flexibility that addresses the needs of the project. Does this apply on top of the mixed use reduction? Nicole Peterson and Warren Campbell responded that there is a mixed use reduction in the Town Code, but it would not apply unless a mix of uses was proposed. Commissioner Tjossem stated that there are many different housing products, so this may not be appropriate. She noted that Steamboat and Telluride allowed for 50-100% reduction. Commissioner Kurz stated that it is important to provide guidelines, but to allow each developer to create their own plan, and wants the PEC to review parking plans. Nina Timm, TOV Housing Coordinator, stated that the Housing District has flexibility around parking requirements and transit needs for developers to utilize, but there is no predictability. Timm stated that the goal of the text amendments would allow for predictability in the process of reduced parking requirements while meeting transit needs on site. She stated that the Commission shouldn't focus on rental vs. ownership, because housing products can change form, with for-sale units becoming rental properties and vice versa. She referenced the proposed amendment that includes a provision to only allow the parking reduction for projects over 20DU/acre. Peterson stated that the proposed parking reduction applies only to projects with density over 20 DU/acre, based on research that revealed that vehicle trips and vehicle ownership decreased significantly with density over 20DU/acre. Commissioner Tjossem asked if this came up during Timber Ridge, with developers wanting to have an understanding of the criteria. Timm responded that developers want to understand their parking requirement early on, and with the current process, they do not know. She went on to describe the Middle Creek project negotiations, and stated that they were a good candidate for a parking reduction, however they were un-successful under the current standards, and were confused by the current requirements. Commissioner Pierce asked for the distances, is it as the crow flies, or what? Peterson responded that the proximity proposed in the amendment, is measured from the front door or primary entrance of the furthest building from the bus stop or commercial job core. Timm added that there was a need to understand the transit needs of employees. Commissioner Viele asked for clarification on parking requirements today. Peterson responded by explaining the current Chapter 12-10 requirements as follows: In Schedule A (within Vail Village or Lionshead) the requirement is 1.4 per dwelling unit. In Schedule B (everything outside Vail Village or Lionshead, which includes all 4 Housing District properties) the requirement is based on the size of the dwelling unit as follows: <500sf = 1.5 per DU, 500-2,000sf = 2 per DU and >2,000sf = 2.5 per DU. Kaye Ferry, member of the public, stated that in Middle Creek, they were required to do all required parking, and it seems now that there is too much parking. The tragedy of Middle Creek was that building the parking made the project more expensive. To make it more affordable, Page 2 parking needs to be reduced. To price ourselves out of the market will be a mistake. The Town is not asking for the variance to give themselves something special, but on the basis of reality. Commissioner Proper commented that the Town gets these reductions, but developers do not. Campbell responded by clarifying that there is a parking reduction that is available to all property in the Town, under Section 12-10-20, Special Review Provisions, Vail Town Code. Ferry continued that the Staff needs to be able to give the reduction without going to the PEC. Commissioner Pierce stated that back in the day, he had five cars. Things have changed. Commissioner Tjossem asked if it would be possible for a range of reduction. Commissioner Viele stated with Solar Vail, the PEC was good with helping allow the reduction At the Vail Commons project, the parking is a mess and people park all over the place. George Ruther, Director of Community Development, stated that on a staff level, the discussion revolved around gearing this towards for-rent projects versus for-sale projects. This will not apply to Chamonix because the requirement applies to projects with 20DU/acre or more. The requirements would allow that if you meet the requirements and standards, you can then have the reduction. Other communities have fallen short by focusing on the parking need, and not the transportation need. If you don't get the transportation need correct, the parking will never be right. Commissioner Proper commented that if the Town Council chooses to do so, they could allow employee housing but not allow cars on site. He said he now understands the issue greater and would vote for it. Commissioner Kurz stated it would be dangerous to not allow employers to do parking plans like private shuttle service, etc. He believes the parking reduction should allow flexibility and be reviewed on a case-by-case basis. Commissioner Viele stated that if its density driven, there are no districts except the Core districts, and they should be commensurate with Housing. Peterson asked if the Commission would be more comfortable if there were more options for the developers. Commissioner Pierce said that predictability is positive. Timm suggested a `wild card' option to allow more reduction if a developer provides a different new concept for transit and parking. Commissioner Kurz added that there could be a more cost effective solution that would reduce the need for parking. However, if predictability is the goal, he's not sure that additional guidelines for van-pool or car-share programs are appropriate, but it seems better than nothing. Commissioner Proper said that this does not preclude asking for a variance Page 3 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 Lot", 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 February 9, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 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: Tabled to February 9, 2009 MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0 Warren Campbell gave a presentation per the Staff memorandum. He concluded by stating that this is a work session to keep the PEC informed as to the progress of the development Tom Miller, representing Vail Resorts Development Company, gave a power point presentation highlighting several issues such as building setbacks, South Frontage Road re-alignment, and reduction of retaining wall height and length. Miller stated that the developer does not intend to build to the property line and to the maximum height allowed; instead the developer will continue to study the context and appropriate setbacks and height for the buildings will be reviewed as part of the major exterior alteration review process. Gary Wordley, of Landworks, representing the applicant, explained several changes made to a new design entitled Option 5, which incorporated many of the comments heard from the Commission and Council. There was no public comment Commissioner Kurz asked for clarification on why no buildings were shown in the cross-sections depicted in Option 5. Was it because the buildings were pulling back? Gary Wordley explained that because Option 5 was recent and include numerous changes, the architects were going to have to go back to the drawing board as all the building placements will change. Michael Brekka, representing Vail Resorts Development Company, stated that the focus of the work session today is the Frontage Road re-alignment. He asked for feedback on the placement of the Simba Run roundabout, and the retaining wall design/height - 16 to 18 feet at the highest points adjacent to the Simba Run underpass, with the majority of the walls under six feet. Page 4 Tom Kassmel, Town Engineer, stated that Public Works agrees with the need for the roundabout on the south side and would like to see the roundabout built with the development, however he understands that many approvals are required. He concluded by stating that Staff has not had an opportunity to review the presented Option 5, but generally believes it is moving in the right direction. Commissioner Pierce stated that, on the site visit, it was evident that the snow plow throws snow approximately 30 feet off the edge of pavement on the Interstate, and wondered if there is adequate space in the proposal so that snow would not land on the relocated South frontage Road? Tom Kassmel stated that there may be instances when snow does indeed reach the relocated Frontage Road if the CDOT plow trucks are moving fast enough. Commissioner Pierce stated concern about snow storage, and perhaps we could move the South Frontage Road to the south so there is not snow removal overlap between CDOT and the Town. He stated that the overlap should be considered as snow from I-70 would be plowed onto the relocated South Frontage Road and vise-versa. As proposed the snow from the Interstate could land on parked cars along the relocated South Frontage Road and that would not be a positive thing. Tom Miller, spoke to the parking issue along the north side of the relocated South Frontage Road, he believes the development will mitigate the need for Frontage Road parking. Commissioner Pierce recognized the physical facts of the snow plowing, and saw the conflict between the chain up location in East Vail and the South Frontage Road in that location. He recognizes the effort to reduce the retaining wall height and length; however, he believes that the South Frontage Road should be further separated from the highway to address both the snow removal overlap and retaining wall issue. Michael Brekka referenced the site plan and discussed the separation distance. Commissioner Viele asked what is driving the second west bound lane? Tom Kassmel responded that it is a TOV request, to allow space for bike lane and/or parking if needed, or a by-pass lane in the event of an accident or roadway construction. The Town will be bound by a median and wall on the north side, we needed a certain amount of width for snow. The lane was not a CDOT requirement. Commissioner Viele asked what is required by CDOT if the lane were removed? Tom Kassmel responded that asix-foot shoulder is required then there would likely be curb and gutter and a drainage Swale. Commissioner Kurz commented that without knowing what building setbacks are being contemplated it is difficult to visualize the road section; however, it seems there has been good progress made since the last hearing. Commissioner Tjossem stated that she spent some time since the last hearing going around the community to look at other retaining walls in preparation. She stated that she found several locations throughout the greater community (included the county and other municipalities) where there were aesthetically please tall and long retaining walls and was less opposed to the wall heights, after looking at Valley examples. They can be done well. Her concern is the amount of Page 5 pavement that runs down the Valley. How can the proposed road section reduce the asphalt and gain landscaping? Commissioner Kjesbo confirmed that the developer stands to gain approximately 4.5 acres out of the realignment of the South Frontage Road? Michael Brekka stated that there was a net increase; however, the applicant would be paying a fair market value based upon appraisal performed by CDOT. Commissioner Kjesbo stated that since there is a substantial gain in land, it would be warranted to move the South Frontage Road approximately 12 feet further south to eliminate even more retaining walls and snow plow removal conflicts. There would still be a resulting increase in land. Commissioner Viele, believes the amount of asphalt is excessive, especially compared to other resort communities. He requested that the applicant and Town reconsider the amount of asphalt. Commissioner Proper stated that the progress is positive. He believes there are systematic in- efficiencies with the design; however, he feels the developer is responding to the Commission's comments. 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: Kjesbo SECOND: Tjossem VOTE: 6-0-0 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 amixed-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: Kjesbo SECOND: Tjossem VOTE: 6-0-0 6. Approval of January 12, 2009 minutes MOTION: Kurz SECOND: Viele VOTE: 6-0-0 7. Information Update Code Rewrite Process, Rachel Friede 8. Adjournment MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0 Page 6 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. 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