HomeMy WebLinkAbout2009-0309 PECPLANNING AND ENVIRONMENTAL COMMISSION
March 9, 2009
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1:OOpm
TOWNOFYAfI, '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits: No site visits
30 minutes
1. A request for a final review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an
existing temporary business office conditional use permit, located at 450 East Lionshead Circle
(Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC090004)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
30 minutes
2. A request for a final recommendation to the Vail Town Council on a proposed major amendment
to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an increase in the number of dwelling units
from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC090003)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
30 minutes
3. 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:
5 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: Table to March 23, 2009
MOTION: SECOND: VOTE:
Page 1
5 minutes
5. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "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. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION: SECOND: VOTE:
5 minutes
6. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to,
multiple-family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial/retail uses, 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. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION: SECOND: VOTE:
5 minutes
7. 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 amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION: SECOND: VOTE:
5 minutes
8. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-way
which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION: SECOND: VOTE:
Page 2
9. Approval of February 23, 2009 minutes
MOTION: SECOND: VOTE:
10. Information Update
11. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published March 6, 2009, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: March 9, 2009
SUBJECT: A request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code,
to allow for the extension of an existing temporary business office conditional use
permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail
Lionshead Filing 1, and setting forth details in regard thereto. (PEC090004)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
I. SUMMARY
The applicant, 450 Buffalo Properties, represented by Michael Hecht, is requesting a
final review of an amendment to an existing conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a
conditional use permit to allow for a temporary business office located at 450 East
Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth
details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Staff recommends approval, with
conditions, of this request subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing an extension of the conditional use permit allowing the
existing Vail Resorts temporary business offices to occupy the first-floor retail spaces of
the Treetops Building for an additional three years, until 2012. A vicinity map
(Attachment A) and the applicant's request (Attachment B) have been attached for
reference.
III. BACKGROUND
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of
2004, to allow "Temporary Business Offices" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area. A
"Temporary Business Office" was defined as "an office for the conduct of general
business and service activities and transactions for a limited period of time to
accommodate the temporary displacement of an existing business office with the Town
of Vail due to redevelopment construction activities."
On January 4, 2005, the Planning and Environmental Commission approved a
conditional use permit for Vail Resort's temporary business offices currently occupying
the first-floor of the Treetops Building. This temporary conditional use permit was to
expire upon issuance of a temporary certificate of occupancy for the Arrabelle Hotel
(which has since been issued), the issuance of a temporary certificate of occupancy for
the North Day Lot office building (which has not been constructed), or on January 24,
2008.
On June 11, 2007, the Planning and Environmental Commission approved an extension
to this temporary conditional use permit until January 24, 2009.
On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, to
give the Planning and Environmental Commission the authority to grant extensions to
any temporary business office conditional use permit in increments of up to three (3)
additional years.
On August 25, 2008, the Planning and Environmental Commission approved an
extension to this temporary business office conditional use permit until August 30, 2009.
On October 7, 2008, the Vail Town Council upheld the Commission's August 25t"
decision on appeal.
Recently the applicant, 450 Buffalo Properties, submitted an application to amend the
Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the
first-floor in Lionshead subject to a conditional use permit. The applicanYs primary goal
in submitting this request was to facilitate the approval of a long-term office tenant in
their Treetops Building first-floor tenant space.
On February 9, 2009, the Planning and Environmental Commission recommended the
Town Council deny the applicanYs proposed text amendments. At the same hearing,
the Commission informally recommended the applicant pursue another extension to the
conditional use permit allowing the existing temporary business offices at Treetops
rather than pursuing amendments to the Vail Town Code.
On February 17, 2009, the Town Council denied the applicanYs recent request to amend
the Vail Town Code to permanently allow offices on the first floor in Lionshead.
N. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
2
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation ot
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship among
land uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) DISTRICT (in part)
Section 12-7H-1: Purpose:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1
District, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site development
standards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any development/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Chapter 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations
3
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
12-16-7, Use Specific Criteria and Standards (in part)
A-14. Temporary business offices:
a. Offices for real estate agents shall be excluded.
b. The storage, sale, or display of inerchandise on the premises shall occupy
less than ten percent (10%) of the office's floor area.
c. Off street parking shall be provided in accordance with chapter 10 of this
title.
d. Signage shall be provided in accordance title 11, "Sign Regulations'; of this
code.
e. The business and service activities and transactions of a temporary
business office may only be conducted for a limited time period, not to exceed
three (3) years. Unless the time period is limited to a shorter duration, the
approval of a conditional use permit for a temporary business office shall
expire and become void within three (3) years from the initial date of approval.
The planning and environmental commission may grant a subsequent
extension to a conditional use permit approval to allow a temporary business
office to continue activities and transactions beyond the original time period
limit, if the commission determines special circumstances and/or conditions
exist to warrant such an extension. An extension may only be granted for the
minimum time period necessary to facilitate specific redevelopment
construction activities that achieve the town's goals, policies, and objectives,
but in no event may such an extension be allowed for more than three (3)
years without additional review.
f. A conditional use permit approval for a temporary business office shall be
reviewed by the planning and environmental commission on an annual basis
to verify the applicant's compliance with the conditions of approval.
B. Lionshead Redevelopment Master Plan
Policy Objectives
4
�
VI.
VII.
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.
ZONING ANALYSIS
Zoning: Lionshead Mixed Use 1 District
Land Use Plan Designation: Lionshead Redevelopment Master Plan Area
Current Land Use: Temporary Business Office
Development Standard Required Proposed
Parking 14.6 spaces 21.13 spaces (no change)
As this conditional use permit request only affects the use of an existing tenant space
and does not propose any exterior changes to the existing building; this conditional use
permit proposal does not alter the existing lot area and site dimensions, setbacks,
building height and bulk, density, gross residential floor area (GRFA), site coverage, or
landscaping and site development. The only development standard affected, other than
use, is parking. This proposal increases the parking demand for this tenant space from
12.5 to 14.6 parking spaces. The existing Treetops commercial building currently has
surplus parking, and if this proposal is approved, the Treetops commercial building will
still exceed its minimum parking requirement by 6.53 parking spaces.
SURROUNDING LAND USES AND ZONING
Land Uses
North: Mixed Use
South: Open Space
East: Residential
West: Mixed Use
REVIEW CRITERIA
Zonina
General Use District
Natural Area Preservation District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes the approval of the conditional use permit extension for "temporary
business office" uses on the first floor of the Treetops Building is consistent with the
intent, purpose, and standards of the Vail Town Code. The purpose of a temporary
5
business office conditional use permit is not to allow the permanent relocation of a
business office use to a location not generally allowed by the zoning standards of the
Lionshead Mixed Use 1 District. Instead it is anticipated that once redevelopment
construction activities are completed, a temporarily displaced business office will return
to its original development site or to a new permitted location.
At this time, Vail Resorts will not be constructing replacement office spaces at either the
Arrabelle or North Day Lot properties. Instead Vail Resorts is proposing to construct a
permanent location for the temporary Treetops business offices at the future Ever Vail
project in west Lionshead.
Since a permanent location for the business office displaced by the Arrabelle
development project have not yet been constructed, Staff recommends approval of the
applicanYs request to extend the existing temporary business office conditional use
permit until 2012.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not believe this proposal will have a significant negative effect on the above
criteria in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff
does not believe this proposal will have a significant negative effect on the above criteria
in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
This proposal does not involve any exterior changes to the existing Treetops Building.
Therefore, Staff does not believe this proposal will have significant negative effects upon
the architectural character of the surrounding area. However, Staff also believes that
any permanent, or quasi-permanent, establishment of office uses on the first floor of the
Treetops Building will be detrimental to the retail character of the neighborhood.
VIII. STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and
Environmental Commission approves this amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow
for the extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and
setting forth details in regard thereto. Staff's recommendation is based upon the review
of the criteria described in Section VII of this memorandum and the evidence and
testimony presented.
�
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a final
review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1,
and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Department of Community Development recommends the
Commission pass the following condition:
"1. The approval of this conditional use permit extension shall be valid until
August 30, 2012. "
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated March 9,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), is in accordance with the purposes of the Zoning
Regulations and the Lionshead Mixed-Use 1 District as referenced by Section
IV of this Staff inemorandum to the Planning and Environmental Commission
dated March 9, 2009.
2. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), and the conditions under which it will be operated
or maintained are not detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
3. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), does comply with each of the applicable provisions
of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by
Section IV of this Staff inemorandum to the Planning and Environmental
Commission dated March 9, 2009. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
7
Attachment A
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Attachment B
Add�nd��n� to Conditional Use Permit Application of Btiff�lo Properties Group, LLC, for
Lionshead Mized Use (LM�U-1) District.
Descri��tion of Proposed Use
Thc application is for �l continuation of the existing ��se. Previous Conditional Use Permits
affrcting the property retlect all anticipated uses of the properry. Property has recently been
brou��ht in conformance ��ith applicable tire codes and hre sprinkler system requirements at a
co;t in excess of S217,000. A}1 lcasehold improvements were constructed under permit and
super��ision of to���n staff, and are assumed to meet all applicable building standards.
Ba�k��roui�d on the TreeTops Plaza and Garage Buildin�
Prior to granting of prior Coi�ditional Use Permits the property w�s coiltigured and sporadically
occupied as retail commercial space. The existing office space will not be modified under this
application. The Current Conditional Use Permit was approved August 25, 2008, by the Planning
�ll1Ci EII�'ll'OI�IIIeIIC�I� CO1111171SS1011, 111C� Sll�lll ve 1�eeV�l�U1tl'C� by Cl7e Pl�llllllll� �IlC� EII�'ll'017111e11i�l1
COIl1l111SS1011 Ill M1y Of 2��9. TI11S 1Ct1011 �Vc�S CO17t11'1112C� by A��e�ll t0 tll� TO�VIl COLl11C1� 011
�ClOvel' %, Z�Ug.
L011lll�� � OIIS'lC�l'I'1IIOIlS
T'hc proposeci eYtension and renewal of Coilditional Use Permits will not involve �lny chailges to
tl�e interior or exterior of the BuiLding. There are no changes to square footage, site co��erage,
buildin� height, parking requirements or employee housing requirements.
C.U.P. Rc��ic�v G�iteria
Thc tollow�in�� critei-ia are to be used in evaluating a conditional tise reqtiest:
1. RelatiunsLiip and impact of the use on devcLopment objectives of the to���n.
Response: The contintiation of the existii�g use serves to minimize the disruption caused by
ongoing redevelopment of the Lioi�shead area. The use of the buildinb by VaiL Resorts
Mountain Operations enhances and facilitates the smooth operation of th� resort skiing
operation, for the benetit of the entire town.
?. Effect of the use oil li��ht and air, distribution of populatiou, transportation facilities,
utilities, schools, parks and recreation i�icilities, and other public taciLities and public
tacilities needs.
Response: No adverse affects are anticipated on these considerations, continuation of an
�xistin�� use.
Effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traftic f7ow and control, access, maneuverability, and renloval of
snow i�rom the street and parking areas.
[Zcs��onse: No ad��erse ��i�fects are anticipated on tL�ese considerations, continuation of an
cxi�ting use.
4. Effect upo» the character of the area in whicL� tL�e proposed use is to be located, includin��
the scale and bulk of the proposed use in relation to surrotulding areas.
Re��onse: No adverse affects are anticipated on these considerations, continuation of an
existing use.
�. Such other factoi-s and criteria as the comnlission deems applicable to the proposed use.
Rcsponsc: None
The en�rironment inlpact report concerning the proposed use, if an e»viro»i��e»tal ii��pact
report is required by Chapter 12 of this title.
Res��onse: No environment impact report is required for continuation of this e�istin� and
��ro��o;cd use.
�t��
FROM:
MEMORANDUM
Vail Town Council
Community Development Department
DATE: April 7, 2009
PEC � ti�
�� �� N��-
2�': Ros.,.s
�o��: s-�-1 (nJe,��wy °P�•s.a)
��te�r�br. �t(,wS��
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of
Vail Planning and Environmental Commission's approval of a request for a final
review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1,
and setting forth details in regard thereto. (PEC090004)
�
�
IV.
Appellants: Vail Town Council
Planner: Bill Gibson
SUBJECT PROPERTY
The subject property is located at 450 East Lionshead Circle (Treetops Building)/Lot 6,
Vail Lionshead Filing 1.
STANDING OF APPELLANT
The Vail Town Council, the appellant,
Environmental Commission's decision
Code.
REQUIRED ACTION
has standing to file an appeal of the Planning and
pursuant to Section 12-3-3, Appeals, Vail Town
The Town Council shall uphold, overturn, or modify the Planning and Environmental
Commission's approval, with conditions, of the conditional use permit application
pursuant to Section 12-3-3, Appeals, Vail Town Code.
STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council upholds
the Planning and Environmental Commission's March 9, 2009, decision. Should the Vail
Town Council choose to uphold the Commission's decision, Staff recommends the
Council approves the following motion:
"The Vail Town Council upho/ds the P/anning and Environmenta/ Commission's
approval, with conditions, of a request for a final review of amendment to an
existing conditiona/ use permit, pursuant to Section 12-16-10, Amendment
Procedures, Vail Town Code, to a/low for the extension of an existing temporary
business office conditional use permit, located at 450 East Lionshead Circle
(Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in
regard thereto. "
1
Should the Town Council choose to uphold the Planning and Environmental
Commission's decision, the Community Development Department recommends the
Council makes the following findings:
"Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated March 9,
2009, and the evidence and testimony presented, the Town Council finds:
1. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), is in accordance with the purposes of the Zoning
Regulations and the Lionshead Mixed-Use 1 District as referenced by Section
IV of the Staff inemorandum to the Planning and Environmental Commission
dated March 9, 2009.
2. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), and the conditions under which it will be operated
or maintained are not detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
3. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), does comply with each of the applicable provisions
of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by
Section IV of the Staff inemorandum to the Planning and Environmental
Commission dated March 9, 2009."
V. BACKGROUND
Recently the applicant, 450 Buffalo Properties, submitted an application to amend the
Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the
first-floor in Lionshead subject to a conditional use permit. The applicanYs primary goal
in submitting this request was to facilitate a long-term lease for office uses in their
Treetops Buildir�g �First-floor tenant space.
On February 9, 2009, the Planning and Environmental Commission recommended the
Town Council deny the applicanYs proposed text amendments. Instead, the
Commission informally recommended the applicant pursue another extension to the
existing conditional use permit allowing the temporary business offices at Treetops
rather than pursuing amendments to the Vail Town Code.
On February 17, 2009, the Town Council denied the applicanYs request to amend the
Vail Town Code to permanently allow offices on the first floor in Lionshead.
Since Vail Resorts has not yet constructed office space to replace the spaces displaced
by the Arrabelle Hotel development and to allow the applicant the ability to rent his
tenant space to an office use, the Planning and Environmental Commission approved an
amendment to an existing conditional use permit, pursuant to Section 12-16-10,
Amendment Procedures, Vail Town Code, to allow for the extension of an existing
temporary business office conditional use permit, located at 450 East Lionshead Circle
(Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard
thereto, by a vote of 6-0-1 (Pierce recused), on March 9, 2009.
�
In approving this extension, the Planning and Environmental Commission imposed the
following condition:
"1. The approval of this conditional use permit extension sha/l be valid until
August 30, 2012.
2. If Vail Resorts vacates the first floor office space, then this temporary business
office conditional use permit shall no longer be valid."
On March 17, 2009, the Vail Town Council called-up this Planning and Environmental
Commission action by a vote of 3-2-1 (Daly and Rogers opposed, Gordon recused).
VI. ATTACHMENTS
A. March 9, 2009, Staff memorandum to the PEC
3
��
COARt1WTY CfUELOPl1EHT
Vail Town Council Attachment: A
Plann�ng ana cnvironmen�a� �ommisson
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2139 fax:970.479.2452
web: www.vailqov.com
Project Narne: TREETOPS TEMPORARY OFFICE PEC Number: PEC090004
Project Description:
EXTENSION OF PREVIOUS APPROVAL FOR TEMPORARY BUSINESS OFFICE
Participants:
OWNER 450 BUFFALO PROPERTIES LLC 02/18/2009
PO BOX 331
BOULDER
CO 80306
APPLICANT 450 BUFFALO PROPERZIES LLC 02/18/2009
PO BOX 331
BOULDER
CO 80306
Project Address: 452 E LIONSHEAD CR VAIL Location: 15T FLOOR TREEfOPS
Legal Desaiption: Lot: Block: Subdivision: TREETOPS CONDO
Parcel Number: 2101-064-0403-0
Comments: Pferce recused
Motion By: KURZ
Second By: PROPER
Vote: 6-0-1
Conditions:
BOARD/STAFF ACTION
Action: APPROVED
Date of Approval: 03/09/2009
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0010593
The approval of this cond(tional use permit extensfon shall be valid until August
30, 2012.
Cond: CON0010594
If Vail Resorts vacates the first floor offioe spaoe, then this temporary business
offioe condittonal use permit shall no longer be valid.
Planner: Bill Gibson PEC Fee Pald: #0.00
� l I Y�cde,. c��wcd
TO
FROM
DATE
MEMORANDUM
Planning and Environmental Commission
��o�ion ' K�►r'L
.
�' r
a • �ro
P�
Uofe� �-�- i
De artment of Communit Develo ment �' ""��a� ��� ���� ��`'"� u
P Y P n
March 9, 2009 ����5 1��� �Sflo �o��t
ual��l
SUBJECT: A request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code,
to allow for the extension of an existing temporary business office conditiona! use
permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail
Lionshead Filing 1, and setting forth details in regard thereto. (PEC090004)
�
�
Applicant:
Planner:
SUMMARY
450 Buffalo Properties, represented by Michael Hecht
Bill Gibson
The applicant, 450 Buffalo Properties, represented by Michael Hecht, is requesting a
final review of an amendment to an existing conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a
conditional use permit to allow for a temporary business office located at 450 East
Lionshead Circle (Treetops Building)/Lot fi, Vail Lionshead Filing 1, and setting forth
details in regard thereto.
Based upon Staff s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Staff recommends approval, with
conditions, of this request subject to the findings noted in Section VIII of this
memorandum.
DESCRIPTION OF THE REQUEST
The applicant is proposing an extension of the conditional use permit allowing the
existing Vail Resorts temporary business offices to occupy the first-floor retail spaces of
tF�e Treetops Building for an additional three years, until 2012. A vicinity map
(Attachment A) and the applicanYs request (Attachment B) have been attached for
reference.
III. BACKGROUND
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of
2004, to allow `Temporary Business Offices" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area ofFce uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area. A
°Temporary Business O�ce" was defined as `an office for the conduct of general
business and service activities and transactions for a limited period of time to
accommodate the temporary displacement of an existing business o�ce with the Town
of Vail due to redevelopment construction activities."
. �
. : ` � ' ; '' • • •
. .. '�•' . ��';�: ��l •���'�i .. .
, � , •
. ., •
� .. � •
�, On Jarwary , 4, 2005, the Planning and Environmental Commission approved a
��conditiorfa�.use,permit for Vail Resort's temporary business offices currently occupying
• •,the. firs�t-floor of the Tr�etops Building. This temporary conditional use permit was to
•: �;•: =•� ` expirer�ppr►. �ssu�c� �4f � temporary certificate of occupancy for the Arrabelle Hotel
.� .(which has since �een fi's'sued), the issuance of a temporary certificate of occupancy for
�.- ��<>: .• ^�; °; the North ;D$y. rot office building (which has not been constructed), or on January 24,
` 2008. � , � . .
�. ..
On June 11, 2007, the Planning and Environmental Commission approved an extension
to this temporary conditional use permit until January 24, 2009..
On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, to
give the Planning and Environmental Commission the authority to grant extensions to
any temporary business office conditional use permit in increments of up to three (3)
additional years. .
On August 25, 2008, the Planning and Environmental Commission approved an
extension to this temporary business office conditional use permit until August 30, 2009.
On October 7, 2008, the Vail Town Council upheld the Commission's August 25�'
decision on appeal.
Recently the applicant, 450 Buffalo Properties, submitted an application to amend the
Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the
first-floor in Lionshead subject to a conditional use permit. The applicant's primary goal
in submitting this request was to facilitate the approval of a long-term office tenant in
their Treetops Building first=Floor tenant space.
On February 9, 2009, the Planning and Environmental Commission recommended the
Town Council deny the applicant's proposed fext amendments. At the same hearing,
the Commission informally recommended the applicant pursue another extension to the
conditional use permit allowing the existing temporary business offices at Treetops
rather than pursuing amendments to the Vail Town Code.
On February 17, 2009, the Town Council denied the applicant's recent request to amend
the Vail Town Code to permanently allow offices on the first floor in Lionshead.
IV. APPLICABLE PLANNING DOCIIMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAP7ER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Secfion 12-9-2: Purpose:
A. General: These regulations are enacted for fhe purpose of promofing fhe
health, safefy, morals, and genera! welfare of the Town, and to promofe fhe
coordinafed and harmonious developmenf of fhe Town in a manner fhat will
conseive and enhance its natural environment and its established character as a
resort and residential community of high qualify.
B. Specific: These regulafions are intended to achieve the following more specific
purposes:
�
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship among
land uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) DISTRICT (in part)
Section 12-7H-1: Purpose:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, 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 District by establishing appropriate site development
standards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any developmenUredevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Chapter 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations
3
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
12-16-7, Use Specific Criteria and Standards (in part)
A-14. Temporary business o�ces:
a. O�ces for real estate agents shall be excluded.
b. The storage, sale, or display of inerchandise on the premises shall occupy
less than ten percent (10%) of the office's floorarea.
c. Off street parking shall be provided in accordance with chapter 10 of this
title.
d. Signage shall be provided in accordance title 11, "Sign Regulations ; of this
code.
e. The business and service activities and transactions of a temporary
business o�ce may only be conducted for a limited time period, not to exceed
three (3) years. Unless the time period is limited to a shorter duration, the
approva! of a conditional use permit for a temporary business o�ce shall
expire and become void within three (3) years from the initial date of approval.
The planning and environmental commission may grant a subsequent
extension to a conditional use permit approval to allow a temporary business
o�ce to continue activities and transactions beyond the original time period
limit, if the commission determines special circumstances and/or conditions
exist to warrant such an extension. An extension may only be granted for the
minimum time period necessary to facilitate specific redevelopment
construction activities that achieve the town's goals, policies, and objectives,
but in no event may such an extension be allowed for more than three (3)
years without additional review.
f. A conditional use permit approval for a temporary business office shall be
reviewed by the planning and environmental commission on an annual basis
to verify the applicanYs compliance with the conditions of approval.
B. Lionshead Redevelopment Master Plan
Policy Objectives
4
V.
VI.
VII.
'fhe 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 p/ace, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunrty 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.
ZONING ANALYSIS
Zoning: Lionshead Mixed Use 1 District
Land Use Plan Designation: Lionshead Redevelopment Master Plan Area
Current Land Use: Temporary Business O�ce
Development Standard ReQUired Proposed
Parking 14.6 spaces 21.13 spaces (no change)
As this conditional use permit request only affects the use of an existing tenant space
and does not propose any exterior changes to the existing building; this conditional use
permit proposal does not alter the existing lot area and site dimensions, setbacks,
building height and bulk, density, gross residential floor area (GRFA), site coverage, or
landscapir�g and site development. The only development standard affected, other than
use, is parking. This proposal increases the parking demand for this tenant space from
12.5 to 14.6 parking spaces. The existing Treetops commercial building currently has
surplus parking, and if this proposal is approved, the Treetops commercial building will
still exceed its minimum parking requirement by 6.53 parking spaces.
SURROUNDING LAND USES AND ZONING
Land Uses
North: Mixed Use
South: Open Space
East: Residential
West: Mixed Use
REVIEW CRITERIA
ZoninQ
General Use District
Natural Area Preservation District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes the approval of the conditional use permit extension for "temporary
business office" uses on the first floor of the Treetops Building is consistent with the
intent, purpose, and standards of the Vail Town Code. The purpose of a temporary
5
business office conditional use permit is not to allow the permanent relocation of a
business office use to a location not generally allowed by the zoning standards of the
Lionshead Mixed Use 1 District. Instead it is anticipated that once redevelopment
construction activities are completed, a temporarily displaced business o�ce will return
to its original development site or to a new permitted location.
At this time, Vail Resorts will not be constructing replacement office spaces at either the
Arrabelle or North Day Lot properties. Instead Vail Resorts is proposing to construct a
permanent location for the temporary Treetops business offices at the future Ever Vail
project in west Lionshead.
Since a permanent location for the business office displaced by the Arrabelle
development project have not yet been constructed, Staff recommends approval of the
applicant's request to extend the existing temporary business office conditional use
permit until 2012.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not believe this proposal will have a significant negative effect on the above
criteria in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff
does not believe this proposal will have a significant negative effect on the above criteria
in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
This proposal does not involve any exterior changes to the existing Treetops Building.
"fherefore, Staff does not believe this proposal will have significant negative effects upon
the architectural character of the surrounding area. However, Staff also believes that
any permanent, or quasi-permanent, establishment of office uses on the first floor of the
Treetops Building will be detrimental to the retail character ot the neighborhood.
VIII. STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and
Environmental Commission approves this amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow
for the extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail I_ionshead Filing 1, and
setting forth details in regard thereto. Staff's recommendation is based upon the review
of the criteria described in Section VII of this memorandum and the evidence and
testimony presented.
C�
IX.
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission pass the following motion:
°The P/anning and Environmenta/ Commission approves this request for a final
review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1,
and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Department of Community Development recommends the
Commission pass the following condition:
`1. The approval of this conditional use permit extension shall be valid until
August 30, 2012. "
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission makes the following findings:
°Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated March 9,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission �nds:
1. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), is in accordance with the purposes of the Zoning
Regulations and the Lionshead Mixed-Use 1 District as referenced by Section
IV of this Staff inemorandum to the Planning and Environmental Commission
dated March 9, 2009.
2. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), and the conditions under which it will be operated
or maintained are not detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
3. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), does comply with each of the applicable provisions
of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by
Section IV of this Staff inemorandum to the Planning and Environmental
Commission dated March 9, 2009."
ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
7
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Attachment B
Addendum to Conditional Use Permit Application of Buffalo Properties Group, LLC, for
Lionshead Mixed Use (LMU-1) District.
Description of Proposed Use
The application is for a continuation of the existing use. Previous Conditional Use Permits
affecting the property reflect all anticipated uses of the property. Property has recently been
brought in conformance with applicable fire codes and fire sprinkler system requirements at a
cost in excess of $217,000. All leasehold improvements were constructed under permit and
supervision of town staff, and are assumed to meet all applicable building standards.
Background on the TreeTops Plaza and Garage Building
Prior to graiiting of prior Conditional Use Permits the property was configured and sporadically
occupied as retail commercial space. The existing office space will not be modified under this
application. The Current Conditional Use Permit was approved August 25, 2008, by the Planning
and Environmental Commission, and shall be reevaluated by the Planning and Environmental
Commission in May of 2009. This action was confirmed by Appeal to the Town Council on
October 7, 2008.
Zonin� Considerations
The proposed extension and renewal of Conditional Use Permits will not involve any changes to
the interior or exterior of the Building. There are no changes to square footage, site coverage,
building height, parking requirements or employee housing requirements.
C.U.P. Review Criteria
The following criteria are to be used in evaluating a conditional use request:
1. Relationship and impact of the use on development objectives of the town.
Response: The continuation of the existing use serves to minimize the disruption caused by
ongoing redevelopment of the Lionshead area. The use of the building by Vail Resorts
Mountain Operations enhances and facilitates the smooth operation of the resort skiing
operation, for the benefit of the entire town.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
Response: No adverse affects are anticipated on these considerations, continuation of an
existing use.
3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traffic fiow and control, access, maneuverability, and removal of
snow from the street and parking areas.
Res• o�nse: No adverse affects are anticipated on these considerations, continuation of an
existing use.
4. Effect upon the character of the area in which the proposed use is to be located, including
the scale and bulk of the proposed use in relation to sunounding areas.
Response: No adverse affects are anticipated on these considerations, continuation of an
existing use.
5. Such other factors and criteria as the commission deems applicable to the proposed use.
Re�onse: None
6. The environment impact report concerning the proposed use, if an environmental impact
report is required by Chapter 12 of this title.
Response: No environment impact report is required for continuation of this existing and
proposed use.
�
Treetops/CUP for Temporary Offices
Adjacent Properties Owners List
Town of Vail
75 S. Frontage Rd. W.
Vail, CO 81657
Vai121 Condominium Association
c/o Geoff Wright
i� 610 W. Lionshead Cr.
Vail, CO 81657
TreeTops Condominium Association
450 E. Lionshead Cr.
� Vail, CO 81657
Lodge at Lionshead Phase I
380 E. Lionshead Cr.
� Vail, CO 81657
Lodge at Lionshead Phase II
y, 38�E. Lionshead Cr.
Vail, CO 81657
Lodge at Lionshead Phase III
� 380 E. Lionshead Cr.
Vail, CO 81657
Vail Lionshead Centre Condominium Association
� 520 Lionshead Cr.
Vail, CO 81658
��
3 �`����
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"fHIS ITEM MAY EFFECT YOUR PROPERTY
PUBI_IC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3, Vail Town Code, on Tuesday, April 7, 2009, at 6:00 PM in the
Town of Vail Municipal Building, in consideration of:
ITEM/TOPIC:
�`�1�� An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's approval of a request for a final review of an amendment to an existing
�^, II �� conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to
�\IT�� allow for the extension of an existing temporary business office conditional use permit, located at
450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth
details in regard thereto. (PEC090004)
Appellant: Vail T�own Coiancil
Planner: Bill Gibson
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 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.
Bill Gibson - commercial space-currently leased by vail resorts
From:
To:
Date:
Subject:
"Packy Walker"
04/06/2009 3 20 PM
commercial space-currently leased by vail resorts
Page 1 of 1
Dear Council,
It is my belief that the council should allow Vail Resorts to maintain their status in this space, given the
economic status the country and town are currently in. My concern is that they would not fill this space with any
other operation,. To have this prime space vacant, would not be a great visual for those entering Lionshead
Village. This could be a one time exception with time constraints.
Sincerely,
Packy Walker/owner-general mgr. lifthouse
condominiums
file://C:�Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\49DA3... 04/07/2009
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 9, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major
amendment to Special Development District No. 39, Crossroads, pursuant to Article
12-9A, Special Development District, Vail Town Code, to allow for an increase in the
number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow
Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC090003)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning
Group, LLC
Planner: Warren Campbell
SUMMARY
The applicants, Solaris Property Owner, LLC, represented by Mauriello Planning Group,
LLC, are requesting a recommendation to the Vail Town Council on a proposed major
amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A),
Special Development District, Vail Town Code, to allow for an increase in the number of
dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block
5D, Vail Village Filing 1.
Upon review of the applicable elements of the Town's planning documents and adopted
criteria for review, the Community Development Department is recommending the Planning
and Environmental Commission forwards a recommendation of approval, with conditions
of the applicanYs request for a major amendment to Special Development District (SDD) No.
39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in
Section VIII of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council on a proposed
major amendment to Special Development District No. 39, Crossroads, pursuant to Article
12-9(A), Special Development District, Vail Town Code, to allow for an increase in the
number of dwelling units from 77 units to 78 units.
The key elements of the proposed major amendment to SDD No. 39, Crossroads, include:
• An increase in the number of dwelling units from 77 to 78. A proposed deviation
from the allowable number of dwelling units (47) which is 31 dwelling units greater;
• An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859
square feet to 200,858 square feet. A proposed deviation from the allowable amount
of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater; and
• A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to
32,537 square feet.
A copy of the text detailing the application entitled Solaris: Application for a Maior
Amendment to Special Development District No, 39, Crossroads, to allow for an increase
from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced
copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been
attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes
associated with the proposed major amendment proposal is attached for reference
(Attachment C)
Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is
requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the
deviations from the prescribed development standards for density (number of units) and
Gross Residential Floor Area (GRFA).
III. BACKGROUND
• On January 23, 2006, the Planning and Environmental Commission voted 5-2-0
(Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39,
Crossroads, to the Vail Town Council. The Planning and Environmental
Commission voted 7-0-0 to approve the conditional use permits fora major arcade; a
theater; meeting rooms, and convention facilities; multiple-familydwellings; a private
club (parking club); a bowling alley; and the outdoor operation of an accessory use
(ice skating rink).
• On March 21, 2006, the Town Council on second reading of Ordinance No. 5, Series
of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of
SDD No. 39, Crossroads.
• On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007,
increasing the permitted numberofdwelling units from 69 to 75 dwelling units. This
ordinance also increased the number of employee beds to be provided from 12 to 22
beds.
• On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007,
increasing the number of permitted dwelling units from 75 to 77 dwelling units.
• On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007,
which established the managed parking plan for Solaris.
• On November 24, 2008, and January 12, 2009, the Planning and Environmental
Commission upheld separate staff approved Minor Amendments to the SDD
increasing the commercial square footage of the project by approximately 700
square feet.
IV. ROLES OF REVIEWING BOARDS
Planninq and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the Town Council
based upon the findings made on the criteria located in Chapter 12-9A, Special
Development District, Vail Town Code.
Town Council:
The Town Council takes into consideration the PEC's recommendation when reviewing an
application for a special development district and is responsible for final approval/denial of
an SDD. The Town Council shall review the proposal and approve/approve with
conditions/deny the application based upon the findings made on the criteria located in
Chapter 12-9A, Special Development District, Vail Town Code.
V. APPLICABLE PLANNING DOCUMENTS
Vail Villaqe Master Plan
The Vail Village Master Plan is based on the premise that the Village can be planned and
designed as a whole. It is intended to guide the Town in developing land use laws and
policies for coordinating development by the public and private sectors in Vail Village and in
implementing community goals for public improvements. It is intended to result in
ordinances and policies that will preserve and improve the unified and attractive appearance
of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review
boards, and Town Council in analyzing future proposals for development in Vail Village and
in legislating effective ordinances to deal with such development. Furthermore, the Master
Plan provides a clearly stated set of goals and objectives outlining how the Village will grow
in the future.
The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and
Town Council in analyzing future proposals for development in Vail Village and in legislating
effective ordinances to deal with such development. The most significant elements of the
Master Plan are the goals, objectives, policies and action steps. They are the working tools
of the Master Plan. They establish the broad framework and vision, but also layout the
specific policies and action steps that will be used to implement the Plan.
As noted on page 35 of the Master Plan,
"It is important to note that the likelihood of project approval will be greatest for those
proposals that can fully comply with the Vail Village Master Plan."
Staff believes this statement re-emphasizes that the Master Plan is a general document
providing advisory guidelines to aid the Town in analyzing development proposals and that
full compliance is not required in order for a project to be approved.
The stated goals of the Vail Village Master Plan which staff believes are applicable to this
application appear in Section VIII under staff's assessment of Criterion D.
Specific Sub- Area Details found in the Vail Village Master Plan
Mixed Use Sub Area (#1)
The Mixed-Use sub-area is a prominent activity center for Vail Village. It is
distinguished from the Village core by the larger scale buildings and by the limited
auto traffic along East Meadow Drive. Comprised of five major development
projects, this sub-area is characterized by a mixture of residential/lodging and
commercial activity.
There is a great deal of potential for improvements to both public and private facilities
in the area. Among these is the opportunity to develop gateway entries to the Village
at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a
long term goal to strengthen the connection between this area and the Village core
area by reinforcing the established pedestrian linkages. Pedestrianization in this area
may benefit from the development of retail infill with associated pedestrian
improvements along East Meadow Drive and the development of public access to
Gore Creek.
A significant increase in the Village's overnight bed base will occur in this sub-area
with the development of the final phase of the Vail Village Inn project. In addition,
commercial and residential/lodging development potential is identified in sub-area
concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the
sub-area "built ouY'.
#1-6 Crossroads Infill
Commercial infill over new underground parking lot in conjunction with a
large public plaza with greenspace area (existing and new parking demand to
be provided on site). While configuration of infill may be done a number of
ways, it is the overall intent to replace existing surface parking with
pedestrian corridors into a commercial area, as well as to provide a strong
building edge on Meadow Drive and streetscape improvements.
Improvements of the planted buffer adjacent to the Frontage Road is also
important. Relocation of the loading and delivery functions and entry to
parking structure is strongly encouraged to reduce traffic on Meadow Drive.
Potential to improve fire access also exists in the redevelopment scheme.
Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2.
Town of Vail Zoninq Requlations
Article E. Commercial Service Center (CSC) District (in part)
12-7E-1: Purpose:
The Commercial Service Center District is intended to provide sites for general shopping
and commercial facilities serving the Town, together with limited multiple-family dwelling and
lodge uses as may be appropriate without interfering with the basic commercial functions of
the District. The Commercial Service Center District is intended to ensure adequate light,
air, open space, and other amenities appropriate to permitted types of buildings and uses,
and to maintain a convenient shopping center environment for permitted commercial uses.
VI. ZONING ANALYSIS
According to the application information provided by the applicant, staff has performed an
analysis of the proposal in relation to the requirements of the Vail Code. The deviations to
the prescribed development standards that are currently approved are shown in bold text in
the table below. The parameters that would change in conjunction with this major
amendment request are shown in bold italics.
Development Standard
Lot Area:
Buildable Area:
Setbacks:
Front (Frontage Road)
Allowed
20,000 sq. ft.
20'
Proposed
115,129 sq. ft. (2.643 acres)
115,129 sq. ft.
0' to 19'
West Side:
East Side:
Front (Meadow Drive)
Building Height:
Density:
GRFA:
Site Coverage:
20'
20'
20'
38'
18 units/acre
47.5 D.U.s
46,051.6 sq. ft.
(40%)
86,346.8 sq. ft.
(75%)
2' (loading dock) to 25'
0' to 25'
0' to 150'
99.9 ft.
29.5 units /acre
78 D. U.s
200,858 sq. ft.
(174.4%)
107,772 sq. ft.
(93.6%)
Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft.
(20% total site) (37.6% total site)
Minimum Softscape of total permitted
18,420.6 sq. ft. 13,433 sq. ft.
(80%) (31.0%)
Maximum Hardscape of total permitted
4,605.1 sq. ft. 29,078 sq. ft.
(20%) (67.1 %)
Parking:
217 spaces 304 spaces
(81 spaces approved to be in private
parking club and 6 surplus public spcaes)
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: CDOT ROW None
South: Mixed Use Commercial Core II District/Public
Accommodation
East: Public Parking General Use District
West: Mixed Use SDD No. 6
VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS
Chapter 12-9 of the Town Code provides for the review of a major amendment to an
established special development districts in the Town of Vail. According to Section 12-9A-1,
the purpose of a special development district is,
"To encourage flexibility and creativity in the development of land, in order to
promote its most appropriate use; to improve the design character and quality of the
new development within the Town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan for a Special Development
District, in conjunction with the property's underlying zone district, shall establish the
requirements for guiding development and uses of property included in the Special
Development District."
The Town Code provides nine design criteria which shall be used in evaluating the merits of
a major amendment to an established SDD. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan complywith each of
the following standards, ordemonstrate that one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved. The following is a
staff analysis of the projecYs compliance with the nine SDD review criteria:
A. Consideration of Factors Reqardinq Special Development Districts:
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
In a memorandumto the Planning and Environmental Commission dated January23, 2006,
staff discussed in detail the architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation in great detail. As this proposal for a major
amendment to SDD No. 39, Crossroads, does not include any changes to the architectural
design, scale, bulk, building height, buffer zones, identity, character, visual integrity and
orientation of the approved structure staff has not included the discussion on these review
points. As stated previously the major amendment proposes to increase the number of
dwelling units from 77 to 78 and the GRFA by 1,999 square feet. These changes are
accomplished within the approved bulk, mass, and height of the structure. There are no
changes to the approved heights and setbacks of the structure.
Staff believes the proposed amendments comply with this criterion.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
In a memorandumto the Planning and Environmental Commission dated January23, 2006,
staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site
and its compatibilityto surrounding uses and activity. In that analysis Staffshowed howthe
GRFA being proposed within the project was less than possible development potential of the
public plaza area in relation to the recommendations of the Vail Village Master Plan on
height and density.
The proposal to increase the number of dwelling units by one and GRFA by 1,999 square
feet modestly affects the density per acre on the site. As this proposal is to convert a single
retail space to residential within the approved bulk and mass Staff does not believe there is
a negative impact to the surrounding properties with regard to density on the Solaris project
with this amendment.
During the initial review of the Solaris project there was a great deal of discussion centered
on the uses and location of those uses within the project. There was initial concern about
the location of retail on the second floor of the project and its viability as many places and
studies have shown that it is difficult to draw pedestrians up to a second floor retail level.
Through the review process the applicant provided evidence that the second floor retail
could indeed be successful. Reasons given for the success were the are shape of the retail
allowing for better visibility, the ability to control tenant mix and locate "anchors or big draws"
on the second floor, the provision of a walkway on the second floor containing benches for
pedestrians and areas for activity generation. The particular space proposed to be
converted was highlighted as a location where an establishment on the second floorwould
have an outdoor patio which could be a food and beverage business with patrons sitting on
the deck creating excitement and vitality on the second floor. The conversion ofthis space
eliminates the possibility of provided for heightened activity on the second floor thus
potentially being a draw to pedestrians to explore the second floor. However, throughout the
Design Review process and the Building Permit review process changes were made and
approved which made the proposed space potentially less viable to serve in the suggested
manor. Those changes were the design of the stairs to reach the second floor retail in the
south west corner of the site and its impacts to the walkway located in front of this retail
space on the second floor. In refining the stair design to make them as inviting to
pedestrians to go up to the second floor the walkway in front of this commercial space was
cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed
design does not convert the entirety of the retail space to residential. In orderto provide all
retail frontages on the second floorwalkwaythat portion ofthe space which had frontage on
the walkway was added to the adjacent retail space. The proposed residential unit does not
have any frontage on the second floor pedestrian walkway. Staff does have some concerns
about the impact of this conversion from a retail space to a residential unit which may not
generate as much "activity" on the patio which will be visible from both directions on Meadow
Drive.
In further review of the application staff identified within the adopted SDD No. 39,
Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved
Development Plan" prohibiting the conversion of retail spaces to residential units. These
portions oftext have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series
of 2009, attached (Attachment C) to this memorandum. Through this major amendment
proposal the applicant is requesting approval of an amended "Approved Development Plan"
which would convert one of the tenant spaces from retail to residential. If the proposed
amendments are approved the text and condition found in the Ordinance do not need to
change as the "Approved Development Plan" will no longer depict the converted space as
retail.
Emplovee Housinq Requirements
As indicated in a number of the goals and objectives of the Town's Master Plans, providing
affordable housing for employees is a critical issue which should be addressed through the
planning process for SDD proposals. In reviewing the proposal presented to the Planning
and Environmental Commission on January 23, 2006, for employee housing needs, staff
relied on the Town of Vail Employee Housing Report. This report has been used bythe staff
in the past to evaluate employee housing needs. That analysis showed a net new
generation of employees bythe Crossroads project to be six (6) employee beds. In the most
recent approval of Ordinance No. 21, Series of 2007, the Town Council required a total of 22
employee beds be provided off-site in conjunction with the Solaris project. The conversion
of the proposed space from retail to residential does not generate an increase in the
employee housing generation. This is due to the recent minor amendments which were
approved to increase retail square footage by approximately 700 square feet and the
rounding up ofthe beds to be provided in conjunction with those applications. Furthermore
there is a lesser employee generation requirement for residential than retail resulting in a
decrease in the requirement. A more detailed explanation can be found on page 5 of the
applicanYs request, which staff has reviewed and concurs with the findings.
Staff believes that the proposal does comply with this criterion.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total
number of required parking spaces for the Crossroads project is 217 spaces. The
applicants are proposing to provide a total of 304 spaces, all of which are to be provided in
the proposed underground parking structure. There are 87 additional parking spaces
proposed to be constructed above and beyond that which is required. Of these additional
parking spaces there are 81 proposed to be in a private parking club and the remaining six
(6) the applicant is proposing will serve as additional public benefit.
The applicant has not proposed any changes to the compliant loading and delivery facility
associated with the project.
Staff believes that the application complies with this criterion.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
In a memorandum to the Planning and Environmental Commission dated January 23, 2006,
staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As
this proposal for a major amendment will affect the number of dwelling units on the site staff
will focus on this aspect of the proposal and its impact on this criterion.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process forthe establishment of a special development district.
Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are
relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal:
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4.0 Village Core / Lionshead
4.2 Increased density in the Core areas is acceptable so long as the
existing characterof each area is preserved thorough implementation
of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided bythe Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Vail Villaqe Master Plan
Staff believes that the following stated goals of the Vail Village Master Plan are applicable to
this major amendment application:
Goal #2: To foster a strong tourist industry and promote year-around
economic health and viability for the Village and for the community as a
whole.
Objective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better
serve the needs of our guests.
Staff believes that the application complies with all the goals and objectives of the Vail
Comprehensive plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development
site is not located in any geologically sensitive areas. Staff believes that the application
complies with this criterion.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
In a memorandumto the Planning and Environmental Commission dated January23, 2006,
staff discussed in detail the site plan, building design and location and open space
provisions in great detail. As this proposal for a major amendment to SDD No. 39,
Crossroads, does not include any changes to the site plan, building design and location and
open space provisions of the approved structure staff has not included the discussion on
these review points.
Staff believes the proposal complies with this criterion.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
In a memorandumto the Planning and Environmental Commission dated January23, 2006,
staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As
the proposed major amendment does not affect these elements staff believes the proposal
continues to comply with this criterion.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
In a memorandum to the Planning and Environmental Commission dated January 23, 2006,
staff discussed in detail the landscaping and open spaces included in the Crossroads
redevelopment. Furthermore the Design review Board provided their input on the refinement
of these spaces. As this proposed major amendment does not affect these elements staff
believes the proposal continues to comply with this criterion.
I. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
The applicant is proposing to construct the project in one phase and a subdivision of the
property will be necessary to facilitate the development of the Crossroads project.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval, with conditions, to
the Vail Town Council on a proposed major amendment to Special Development District No.
39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code,
to allow for an increase in the number of dwelling units from 77 units to 78 units, located at
141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is
based upon a review of the criteria and findings as outlined in this memorandum and from
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval, with conditions of the applicants' request, staff recommends that the following
findings be made as part of the motion:
Special Development District No. 39, Crossroads
"That the proposal to amend Special Development District No. 39, Crossroads,
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town
Code. Furthermore, the applicant has demonstrated to the satisfaction of the
Commission, based upon the testimony and evidence presented during the public
hearing, that any adverse effects of the requested deviations from the development
standards of the underlying zoning are outweighed by the public benefits provided.
�
Lastly, the Commission finds that the request is consistent with the development
goals and objectives of the Town.
That the proposed gross residential floor area of 174.4 % of lot area, additional thirty-
one dwelling units over allowable (at 29.5 units per acre total) in the Commercial
Service Center zone district is in conformance with applicable elements of the Vail
Comprehensive Master Plan.
That the development is in compliance with the purposes of the Commercial Service
Center zone district, that the proposal is consistent with applicable elements of the
Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master
Plan, and that the proposal does not otherwise have a significant negative effect on
the character of the neighborhood, and that the proposal substantially complies with
other applicable elements of the Vail Comprehensive Plan."
Should the Planning and Environmental Commission choose to recommend approval the
applicanYs request, staff recommends that the draft Ordinance No. 7, Series of 2009,
containing conditions, be forward to the Town Council.
X. ATTACHMENTS
A. Application for a Maior Amendment to Special Development District No, 39,
Crossroads, to allow for an increasefrom 77 to 78 dwellinq units Dated revised March
2, 2009
B. Reduce plans of the proposal dated February 27, 2009
C. Draft of Ordinance No. 7, Series of 2009
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 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 and Mauriello
Planning Group
Planner: Bill Gibson
SUMMARY
The applicant, Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group, 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
March 23, 2009, public hearing for further discussion.
II. 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 of the proposed special development district was 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 characterofthe subject property. The
applicanYs 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 fa�ade design guidelines.
The applicant has revised the proposal since the Commission's last work session. The
purpose ofthe applicanYs revised proposal is to not onlystreamline the development review
process for future renovation, but to also increase the allowable gross residential floor area
(GRFA) for the subject properties. The applicant is proposing increases ranging from 53%
to 77% forthe individual subject lots. The applicant is also proposing to reduce the require
Lll
landscape area for Lots 11 and 12, and to decrease the side setback on the east end lot (i.e.
Lot 13) from 20 feet to 10 feet.
To off-set this increase in GFRA, the applicant is proposing to reduce the building height
limit from 48 feet to 45 feet adjacent to Gore Creek Drive and reducing above-grade site
coverage from 55% to 50%. The applicant is also proposing that the Rowhouse parking
spaces will be upgraded to concrete pavers with snowmelt upon future applications for
redevelopment.
The applicant is proposing the public benefits of resurfacing Gore Creek Drive, including the
installation of snowmelt tubing, along the frontage of the subject properties to outweigh the
proposed deviations from the existing zone district standards.
BACKGROUND
On December 22, 2008, the Planning and Environmental Commission held a work session
to discuss the applicanYs 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
Buildable Area (min):
Setbacks (min):
Front:
Sides (Lots 7-12):
Sides (Lot 13 west side)
Sides (Lot 13 east side)
Rear:
Gore Creek
Building Height (max):
Density — DU's (max):
Density — GRFA (max)
Site Coverage (max):
Previous Proposal Revised Proposal
existing conditions
no change
existing conditions
existing conditions
no change
existing conditions
no change
reduced to 45'/42'
existing conditions
none
no change
no revisions
no revisions
no revisions
no revisions
10 feet
per HDMF
no revisions
reduced to 45' along Gore Creek Drive
no revisions
+1,176 to 3,755 sq.ft. per lot
reduce above grade from 55% to 50%
�
VI
l�l L
Landscape Area (min)
Parking (min):
Employee Housing
Mitigation
Design Guidelines
no change
existing conditions
no change
reduce from 30% to 20% on Lots 11 & 12
no revisions
no revisions
Fa�ade guidelines no guidelines
SURROUNDING LAND USES AND ZONING
Land Use Zoninq
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
STAFF RECOMMENDATION
The Community Development Department requests the Planning and Environmental
Commission asks questions about the proposed special development district, provides the
applicant with any feedback or direction, and then tables this item to its March 23, 2009,
public hearing forfurtherdiscussion. 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 March 23, 2009, public hearing."
ATTACHMENTS
A. ApplicanYs Revised Request
I I�l I Ic�l
Marr{dla Mannlwy Gro��
Attachment A
Va i I Row Houses
Special Development District
March 9, 2009
�'. s II�, • . ;I
l ,P�� ..I,:�.':'I .�'t k;Mll x
tlIIIL iC .i;t _ 811iT
I. INTRODUCTION Af�ID BACKGROUND
The intent of this Special Development District (SDD) application is to correct a long standing problematic
application of High Density Multiple Family Zoning to a town house project, known as the Vail Row Houses,
within the Vail Village. The proposal will essentially create new "Town House Zoning" for the properfy within
the vehicle of a Special Development District. _•
�.���`,._ a'
Lots 7 through 13 of the Vail Row Houses were originally r ,. �
plaited as town house parcels in 1962 and the existing -;; _:� '' `
t
row houses were developed on the property in 1963. This ►r _
was done under Eagle County jurisdiction before there was ;�- �
zoning in Eagle County and before the Town was ��,t
incorporated in 1966. Zoning was not adopted in the �`--��-�-,`_ �,�� ` ;�
Town of Vail until 1969 (Ordinance No. 7, Series of `-�'-�+�
1969). Since 1969 the properfy has been zoned High �� _ '
Density Multiple Family (HDMF). Under the original zoning ���;;-- �''
ordinance, the development on lots 7 through 13 was '}, :;'_
�
substantially more in compliance with the zoning tF.,.v..� _ �, `-�
requirements than it is today under current zoning
requirements. Under the 1969 zoning code, there was only a front setback requirement and no side setback
requirements, there was no building height limitation and the GRFA limitation (then termed Floor Area Ratio –
FAR� was 1.5 to 1, meaning that 150 sq. A. of GRFA was allowed for each 100 sq. A. of total land area
instead of the 0.76 to 1 ratio that exists today. (The 1969 HDMF Zone District and the plat are aitached).
Now, 46 years later, the zoning on the properfy is more restrictive and does not appropriately recognize
traditional town house development, which is described as a series of aitached homes with zero lot lines
between the units. Unlike a condominium development, town houses traditionally sit on fee simple parcels of
land, as is the case with Vail Row Houses. The lots were plaited unconventionally, and are legally defined
as Lots 7 though 13, a Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village First Filing.
Under the current HDMF zoning, the individual lots are not in compliance with the following provisions:
R�
Standard Allowed Existin
Lot Size Min of 10,000 sq. R. Range from 2,300 sq. R. l0 5,750 sq.
R.
Fronta e Min of 30 N. Ran e from 20 N. to 45 R.
Density (Dwelling Uni� Per Acre) Range from 1.3 to 3.3 du per lof Range from 1 fo 2 du per lol
(de endin on lot size)
GRFA ratio) .76 Ran e from .7 to 1.1 1
Side setbacks Min of 20 N. 0 R.
Landsca e Area 30% of site area Ran es from 7% to 53%
Parking — number of parking 1.4 per unit Ranges from 1 to 2 per unit
s aces
Parking — requirement for enclosed 75% of required parking spaces must No enclosed parking
arkin be enclosed
Parking — location of parking Parking must be wifhin properfy Parking located within the front setback,
spaces boundaries and not wifhin Ihe fronl wilh portions localed wilhin the right-of-
setback wa
Voil Row Houses SDD
The nonconformities on the properfies require the owners to seek variances with any application for
redevelopment to the property which makes the approval process cumbersome and wasteful. Numerous
variances have been granted over the years but with each new application additional variances are always
required. Under this proposal, the overall redevelopment framework will be established by the Town of Vail
Planning and Environmental Commission and Town Council, so that in the future, owners can simply seek DRB
approval for redevelopment of these older units. This has the effect of creating defined expectations for
redevelopment, both from the Town's perspective and from the owners' perspective.
II. II�JTENT OF APPLICATION
The intent of this SDD application is to allow these town houses to exist in the format that they have for the
past 46 years and allow them to be appropriately redeveloped in the fulure. The establishment of an SDD
allows the following:
1. Quantifying and identifying how the Vail Row Houses, Lots 7 through 13, do not meet the
requirements of the HDMF zone district and the Vail Town Code as a whole.
2. Establishing modified development regulations and requirements that eliminate the nonconforming
status of the existing dwelling units. These modified development regulations and requirements
then provide the framework for redevelopment of the property within acceptable parameters.
3. Simplifying the process for property owners to redevelop their property by eliminating the need for
individual review of variances for each lot. Redevelopment would occur under the limitations
established by the Planning and Environmental Commission and the Town Council, allowing the
Design Review Board and Town Staff to review proposals for compliance with the SDD and other
applicable regulations.
In addition to the correction being sought to remedy the existing non-conformities, the owners are also seeking
to modify the GRFA ratio so that there is an inducement to redevelopment, especially wholesale
redevelopment of a dwelling. There are good reasons to allow an increase in the GRFA ratio on this properfy
including but not limited to:
1. Encouraging investment and redevelopment of structures originally developed 46 years ago;
2. Bringing development standards on this site into check with changes made elsewhere in the Town.
Lionshead zoning allows for a GRFA ratio of 2.5, Public Accommodation was amended to allow a
ratio of 1.5, and the original HDMF zoning on this properfy allowed a ratio of 1.5;
3. Increasing the ratio does not mean allowing more building height or site coverage beyond zoning
(48') but instead allowing owners to take advantage of filling the envelope they are currently
permitted.
Below is an analysis of the increased development potential of the Vail Row Houses, comparing the
allowable GRFA under the existing zoning requirements to the proposed allowable GRFA:
Vail Row Houses SDD 2
Proposed
Allowable GRFA Allowable Net % Increase
Lot# (current) GRFA Change over Current
7 2,585 4,1 16 1,531 59%
8 2,487 3,921 1,434 58%
9 2,071 3,594 1,523 74%
10 2,221 3,398 1,176 53%
11 2,255 3,464 1,209 54%
12 2,718 4,379 1,660 61%
13 4,870 8,625 3,755 77%
TOTALS 19,208 31,496 12,288 64%
In addition to allowing the correction of these limiting nonconformities and creating an inducement to
redevelopment, the owners are proposing to limit the overall bulk and mass of the project by agreeing to the
following limitations:
• Reduced maximum building height at the front (south) elevation of the project to 45';
• Reduced site coverage above grade to 50% (currently allowed at 55%);
III. PLIBI_IC BEI�JEFIT
We believe that what is being proposed is in and of itself a public benefit in terms of fair treatment, ease of
process, and local re-investment. However, the owners also recognize that the Town of Vail may feel that
additional public benefit is needed with this project and have proposed the following:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requirement that with any application for redevelopment, all parking surfaces to be converted
to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Resurfacing of Gore Creek Drive for the length of the properfy frontage with concrete unit pavers or
other material as approved by the Design Review Board;
• Installation of snowmelt tubing within a resurfaced Gore Creek Drive for future connection to the
Town's snowmelt system.
The Town Code, Section 12-9A-9, states that deviations from the underlying zone district require the following
determination:
".. Thal such devialion provides benefi�ls % lhe lown lhal oulweigh lhe adverse effecls of such devialion. '
We believe that the proposed public benefits far outweigh the effects of the deviations requested.
Vail Row Houses SDD 3
IV. OTHER PROVISIONS
In addition, the following are also included with the project:
• Employee housing: each owner will be responsible for providing either off-sife employee housing or
paymenf in-lieu of providing housing pursuant to Town Code. The employee housing requirement will
be fulfilled prior to the issuance of a temporary certificate of occupancy for the individual addifion or
remodel (as is required by 12-24-10).
• No loss of parking. Each parcel shall confinue fo provide the number of parking spaces as exisfing
on the property today, wifh no increase in parking required based on redevelopmenf. The excepfion
is that if any lots combined two unifs into a single unit, thaf there would be no fewer fhan 2 parking
spaces per unif.
--,— �'
���
Vail Row Houses SDD 4
V. SDD ZONING STANDARDS
The proposal is to create a new Specic�l Development District for the Vail Row Houses to treat the properfy as
a town house development. The underlying zoning would remain HDMF. The permitted, conditional, and
accessory uses as defined by the HDMF zone district would not be modified. The following outlines the
current developments regulations of HDMF and notes which regulations will be deviated from (the deviations
and/or modificafions are indicated in bolr/onditalicj:
ARTICLE H. HIGH DENSITY MULTIPIE-FAMILY (HDMF) DISTRICT (The deve%pmenf slandards as ouilined
be%w apply 101he indi�iduallols (Lo1s 7lhrough 13J of 1he (/ail Row Houses, as modified for lhis SODJ
12-bH-5: LOT AREA AND SITE DIMEI�JSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site
shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing
a square area eighty feet (80') on each side within its boundaries.
The minimum lol size shal/ be as 1he lofs exisl loday, however allowing for minor changes to lot lines to
correct any encroachmenls.
12-6H-b: SETBACKS:
The minimum front setbac.k shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and
the minimum rear setback shall be twenty feet (20').
The minimum front and rear setback shall be 20 h The minimum side sel,bock shall be 0, except fo� Lot 13
fi., which shall maintain a minimum setback of 10 h from the eastem properly line. The 50 h steom sel,back
fiom Gore Creek shall be maintained unless a variance is granted in accordance with Chapter 17, l/ail
Town Code.
Pu�suonl to Section 14-104, Po�ches, steµs, decks or te�races or simila� fealures localed a1 ground level or
wilhin S ff. of ground /evel may projecf not more lhan 70 ff. nor mo�e lhon on�fio/f fhe minimum �equi�ed
dimension into a required setback area. Balconies, decks, le�races, and olher similar un�oofed featu�es
p�ojecling from a slructure a1 a heighl of more than S ff. above ground level may project no1 mo�e lhan S ff.
nor more than on�half the minimum required dimension into a required selback area.
12-6H-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forfy five feet (45'). For a sloping roof,
the height of buildings shall not exceed forfy eight feet (48').
For a sloping roof, !he height of buildings shall not exceed 48 h However, addilional height restrictions
apply to the front (southem fa�-ade1 to mainiain lhe oppearance of a 2-3 slory building along Goie Creek
Drive. The eave heighl is limiJed l0 45 fi. to the initial eave of Jhe fioM fa�ade a/ong Gore Creek Drive.
Eave height is defined as the dislance from finished grade lo lhe initial p�mary eave of the struciu�e.
12-bH-8: DENSITY CONTROL:
Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each
one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling
Vail Row Houses SDD �J
units per acre of buildable site area. Each accommodation unit shall be counted
dwelling unit for purposes of calculating allowable units per acre
may include one aitached accommodation unit no larger than
dwelling.
. A dwelling unit in
one-third (1 /3) of th
as onehalf (1 /2) of a
a multiplefamily building
e total floor area of the
No more than 150 sq. ft. of GRFA shall be peimitled for each 100 sq. ft. of total sife area of each lot. Due
to lhe increase in allowable GRFA, the I/ail Row Houses is not eligible for the ".4do�ifional 250" as described
in 12-1.�5.• ADD/T/ON.4L GROSS RESIDENTl.4L FLOOR AREA (250 ORDlN.4NCEJ: Densily for each lot
shall not exceed ihe fol%wing:
Lot # GRFA Densi
Lot 7 4,1 16 2 du
Loi 8 3,921 2 du
Lot 9 3, 594 1 du
lot 70 3,397 2du
Lor 17 3,463 2 du
Lot 72 4, 378 2 du
Lot 73 8,625 2 du
ln any case, the total number of units for Lots 7 through 13 shall no1 exceed 13 dwelling unils. Howeve� if
any of the units are consolidated into fewer uniJs on ihe sile, no amendment to this SDD shallbe required.
12-6H-9: SITE COVERAGE:
Site coverage shall not exceed fifty five percent (55%) of the total site area.
Site coverage shall not exceed 55� of the tofal site area of each 101, with the ado�itional restridion thal
above�grade site coverage shallnot exceed 50� of the totalsife area of each 101.
12-6H-10: LANDSCAPING AND SITE DEVELOPMEf�IT:
At leasi thirfy percent (30%) of the total siie area shal{ be landscaped. The minimum width and length of any
area qualifying as landscaping shall be fifteen feet (1 S') with a minimum area not less than ihree hundred
(300) square feet.
At least 20% of the total site area of each lot shall be landscaped, except for lots 1 1 and 12. Lots 1 1 and
12 shall have no net loss of landscape area. The following is the existing landscape area of each lot.
Landscape Landscape
Lot # S. ff. Percento e
lot7 857 32%
lot 8 796 30�'0
lot 9 658 28%
lot 70 624 27%
[ot 77 428 12%
lot 72 160 7%
[ot 13 3,034 53%
Voil Row Houses SDD 6
Because of the minimal opporfunity for landscaping, when redevelopment of a lot occurs, the parking surface
of the lot shall be converted to concrete unit pavers or other material (as approved by the Design Review
Board) and a snowmelt system shall be installed.
12-6H-1 1: PARKING Af�ID LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy
five percent (75%) of the required parking shall be located within the main building or buildings and hidden
from public view or shall be completely hidden from public view from adjoining properfies within a
landscaped berm. No parking shall be located in any required front setback area.
Parking �equiremenls shall be based on 1he cuirenl number of parking spaces and dwelling unils.
lf any dwelling unils are eliminaled, lhere shall be no fewer lhan 2 parking spaces pe� unil for each 101. Due
to sile consirainJs, there is no requirement fo� enc%sed or screened parking. The parking is permilied to be
located wilhin the front setback, and pa�tially within 1he Town of I/ailright-of-way.
Voil Row Houses SDD . %
HDMF Zone District from 1969 Town oi Vail Zoning Code
(3) �ff-etreet Parkin�: Off-street parking shall be provided
in accordance with requirernents eet forth in the Supplementary regulationa.
SFC.TZON 3. HIGH DENSITY MULTI-FAMILY DISTRICT;
(a) Uses Permitted. A pereon shall not use any prernises in a
High Density Multi-family Distzict except as hercinafter permitted.
(1) Uses by Ri�ht
(a) Hotels, motels and lodges;
{b) Multi-fami2y dweiling structures;
(c) Pro#esaional. service and buain�sa
oftice and studios;
(d) Recreation Centers;
{e) Librariee, art galleries and museums;
(i) Privatt clubs;
(�;) Parke and playgrounde.;
(2) Accessary Uses by Ri�ht
(a) Rt siaurants, bars and retail services
when located within the principal use or on
a porch or patio appurtenant thereto;
(b) Private swirnming poole, playing fields�
tennis courts, ice skating rinks and buildinge
accessory thezeto;
{c) Parking apaces in additian to the minimum
of�- street parking spaces required by theae
regulations.
- 17 -
, �
(d) Any other structure or uee an the same
site with the principal use, incidental and
acceeeory therto, and aecessary for the
operation af the printipal uee.
( 3 j Conditional U se s
(a) Public utility and public service
structures and inatallatione;
(b) Public Buildings an$ Gxounds; ;,
( c) Skf Lifta and Tows;
(d) Schoole;
(e) Day nurseries and nursery schools;
{f) Hoapitals, medical and dental clinics
and centers;
(g) Public transportation termiaals;
(h) Gommercial Parking Facilitiea�
including structures and lots;
(i) Theaters and Convention Facilities;
{j) Arenae;
{k) Bowling Alleys;
(1) Planned Unit Developments.
(b) Re�ulations. The regulationa under which the usee
in a High Density Multi-famfly District are permitted are as follows:
(lj Minimums: The follawing minimums shall apply:
- I$ -
J t
(a) Floor Area: No miaimum;
(b) Lat Area: No minime�m;
(�) Setback: Fxont - 15 feet.
(2) Flnor Area Ratio: The floor area ratio shall not
exceed 1. 50:1.
(3) Off- etrcet Parkin�: Off- atreet Qarking shall� be
provided in accorciaace with requiremeate set forth i�t the SupQlerneatary
regulatione.
(4) Off- street Loading. pff- atreet Ioading ahall be
provided in accordance with the requirements set forth in the Supplerr,entary
regulations.
SECTIOI�t 4. PUBLIC ACCC�MMODATIONS DISTRICT
(a) Uses Permitted. A peraan sha.11 not use any premisea in a
Public Accommodations District except as hereinafter epecifically
perrnitted.
(1) Uses by Ri�ht
(a} Hatels, motels and 3odges;
{b) Single-iamily and twv-family dwelling
atructure s ;
(c) Professionai, sezvice and bueinese
officea and studiog;
(d) Recreation Centers;
(e) Libraries� art galleries and mueeums;
- 19 -
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Application for a Major Amendment to
Special Development District
39, Crossroads, to allow for an increase from
77 to 78 dwelling units
January 2009
Revised March 2, 2009
Submitted by
� �
11
Mauriello Planning Group
Owner and Consultant Directory
Owner/Applicant:
Peter Knobel
Solaris Property Owner, LLC
2211 North Frontage Road West
Suite A
Vail, CO 81657
Planning
Mauriello Planning Group, LLC
PO Box 1127
Avon, CO 81620
970-748-0920
Design Architect
Barnes Coy Architects
PO Box 763
Bridgehampton, NY 11932
631-537-3555
Production Architect
Davis Partnership
0225 Main Street, Unit C101
Edwards, CO 81632
970-926-8960
I. Introduction
We are requesting a major amendment to Special Development District No, 39, Solaris,
to allow for the addition of a dwelling unit, increasing the approval from 77 dwelling
units to 78 dwelling units, The application includes the conversion of 1,999 sq, ft, of
area previously indicated as retail space into a 1,999 sq, ft, residential condominium,
This retail space has been identified as a location that is not in a desirable location for
retail as it is located at the far end of the promenade level (second floor) with limited
exposure to the promenade walk (see Promenade Level Floor Plan below), Leasing
this space to any retailer has been difficult as a result, and retailers have identified this
space as problematic for commercial uses, Additionally, the proposed amendment
will allow Solaris to continue to be a viable project during this period of economic
hardship by converting a burdened retail area to a revenue producing residential
space,
It is important to note that various amendments have been reviewed and approved
as we have continually improved and refined the retail experience, Based on input
from potential retailers, there has been a general shifting of retail spaces, creating
some smaller retail opportunities to compliment the larger retail spaces, In the
approved minor amendment approved in December of 2008, nearly 700 sq, ft, of
commercial space was added to the plaza level,
The proposal will have little impact on revenues and vitality to the Town given the
recent minor amendment which added retail on the first floor, The proposed change
2
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
actually reduces impacts to employee housing and parking, The applicant is
proposing to provide 22 employee beds as a public benefit, In addition, the public
benefit package for Solaris is extensive, and includes the following;
• Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in
the spring and summer months;
• New public plaza of '/2-acre (24,000 sq, ft,) in the heart of Town for public
gatherings and events that occupies approximately 20% of the property
controlled by the Town via a General Improvement District with guaranteed
public access;
• Public accessible restrooms at the pedestrian level;
• Approximately 70,000 sq, ft, of new high quality retail and restaurant space at
the pedestrian level and one floor above, including a 3-screen state of the art
movie theater and 10-lane bowling alley with a sports cafe/arcade;
• Relocated loading and delivery docks (Frontage Road access) with five bays
available to adjacent properties;
• New streetscape and pedestrian improvements on all sides of site including
landscape medians in the South Frontage Road;
• Buffering of I-70 highway noise from the pedestrian areas south of the project;
• $1,1 million in public art;
• New heated sidewalks around the entire project;
• New raised landscape median in South Frontage Road;
• Reconstructed Village Center Road as a heated paver roadway;
• Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver
area;
• Off-site employee housing to accommodate 22 employees;
• Traffic impact fees to be paid to the Town to be used for Frontage Road
improvements;
• Parking structure that is open to the general public for fee,
In summary, this application is necessary and warranted to;
• Allow the Solaris project to move forward in a financially sustainable way
• Allow the project to maintain the high-end quality finishes and not reduce the
quality to meet budgetary needs
• Recognize the net change in retail is minor in the overall context of the project
• Allow the project to maintain the high levels of public benefit despite the strains
placed on it by the economy.
• Recognize the ineffectiveness of the retail space as currently planned
3
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
II. Detailed Project Description
A. Residential and Commercial Floor Areas
There is an increase in the approved gross residential floor area by 1,999 sq, ft,
There is a corresponding reduction in retail by 1,999 sq, ft, The minor
amendment approved in December of 2008, added 686 sq, ft, to the overall
retail area, thus making the net change less significant, There are no changes
to other uses on site, Below is a table indicating the current approval and the
2009 amendment proposal;
Use Current Approvals Proposed 2009 Net Change
Amendment
Residential 198,859 s. ft. 200,858 s. ft. +1,999 s. ft.
Retail 34,536 s. ft. 32,537 s. ft. -1,999 s. ft.
B. Parking
Below is a table documenting the parking requirements for the proposed Solaris
redevelopment, The proposed development plan includes a total of 304
parking spaces (above the previous 301) to allow more public to park on the
site, Due to this proposal, there is a surplus of parking on the site available to
the public and which can be used to meet any future requirements, These
extra six spaces are considered part of the public benefit of this proposal,
Hmenament Nro osea;
# of Units/Sq.
Use Ft. Code Ratios Total
Dwellin Units 78 1.4 109.2
Retail 32,537 0.0023 74.83
Theater seatin 3,059 0.006060606 18.539
Restaurant seatin 5,611 0.004 22.444
Bowlin 1,170 0.0023 2.691
Total 227.704
5°/a reduction 11.38
Net Re uired Parkin 216.324 (217)
Parkin Provided 304 s aces
Parkin Club Parkin 81 s aces
Excess Parkin 6 s aces
C. Density
Density is expressed as the number of residential dwelling units per acre of land,
The proposed amendment includes an increase from 77 units to 78 units, The
site is 2,643 acres, The current approval allows for 29,13 units per acre, The
proposed increase to 78 units results in a proposed density of 29,5 dwelling units
per acre,
�
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
D. Employee Housing Plan
The original approval of Solaris was prior to the adoption of the current
employee housing regulations, As a result, all previous housing requirements
have been based on "beds" rather than the new requirements of either
"employees generated" or "employee housing area (sq, ft,)", However, due to
the increase in residential floor area and the decrease in retail floor area, a
revised employee housing plan is required to be submitted with this major
amendment application, based on the current requirements, The following
calculations based on Chapters 23 and 24 have been provided for reference;
Commercial Linka e:
Use Increase/Decrease
Retail 1 ,999 s . ft.
Inclusionar Re uirement:
Use Increase/Decrease
Residential � 1,999 sq. ft.
Calculation
2.4/1000 sa. ft1 '.20 mitiaation rate
Calculation
10 mitiaation rate
Employees
Generated
96
Area (sq. ft.)
Required
199.9 sa. ft.
The conversion between the commercial linkage requirement and the
inclusionary requirement generally equates to 350 sq, ft, per employee,
Therefore, the commercial linkage equates to a reduction of 336 sq, ft, of
employee housing requirement, With the inclusionary requirement of 199,9 sq,
ft„ the total housing requirement equals a net reduction in the employee
housing requirement of 136 sq. ft. (or reduction of .39 employees.) The minor
amendment approved on December 24, 2008, increased the employee
housing requirement by ,33 of an employee, making the current employee
housing requirement for 22,33 beds, The applicant proposed 1 additional bed
to meet this requirement, while maintaining the ,67 employee credit to
accommodate any future changes, As a result of this reduction of ,39
employees, the additional ,33 requirement is no longer necessary, and the total
requirement now dips below the 22 beds originally required,
In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris
project, There was an overall reduction of parking available to commercial and
parking club users, Parking dropped from 338 spaces to 298 spaces, The Town
Council required an additional 10 employee beds (total of 22 beds) to mitigate
for the loss of "public benefit" in the number of parking spaces, Since this
application results in a surplus of six parking spaces above and beyond the
parking requirements, the 10 beds imposed on the project should be reduced
accordingly, The six surplus spaces represent a 15% change which would
reduce the additional 10 bed requirement to 8,5 beds, or a total requirement of
20,5, However, the applicant is proposing to provide a total of 22 beds as a
public benefit to support this application.
5
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
III. Application Process
Ordinance No, 5, Series of 2006, approved Special Development District No, 39,
Crossroads (Solaris), to facilitate the redevelopment of Crossroads, Ordinance No, 10,
Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units,
Ordinance No, 21, Series of 2007, again amended the Special Development District
No, 39 to allow for 2 additional dwelling units,
The addition of a dwelling unit is a major amendment to SDD #39, The following is the
definition of a major amendment an SDD;
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses;
increase gross residential floor area; change the number of dwelling or accommodation
units; modify, enlarge or expand any approved special development district (other
than 'minor amendments° as defined in this section), except as provided under section
12-15-4, "lnterior Conversions° or 12-15-5, 'Additional Gross Residential Floor Area (250
Ordinance)'; of this title.
Ordinance 5, Series of 2006, also included a condition of approval regarding uses at
Solaris, The language of the condition states the following;
"... No space noted as ret�il space on the Approved Development Plan shall be
converted to a residential dwel/ing unit... °
This application proposed to maintain this language yet allowing for this amendment
to be approved,
The following is a list of the submittal requirements for a major SDD amendment, We
have indicated the items that we have submitted with this amendment, and
referenced the original submittal for items that are not affected by the major
amendment,
Fee Submitted
St�mped, �ddressed envelopes �nd a list of the property owners Submitted
�d �cent to the sub ect ro ert
Title Re ort Submitted
Written � rov�l Submitted
A written st�tement �ddressing the following: Submitted
a. Describe the n�ture of the project to include inform�tion on
proposed uses, densities, nature of the development proposed,
contemplated ownership patterns �nd phasing pl�ns.
b. A st�tement outlining how and where the proposed
development devi�tes from the development st�nd�rds
rescribed in the ro ert 's underl in zone district.
A com lete zonin �n�l sis Submitted
St�m ed To o r� hic Surve Refer to the ori in�l submitt�l - no ch�n e
Existin �nd Pro osed Site and Gradin Plans Refer to the ori in�l submitt�l - no ch�n e
A Vicinit Pl�n Refer to the ori in�l submitt�l - no ch�n e
A Landsca e Plan Refer to the ori inal submittal - no chan e
L^.
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
A Roof Hei ht Pl�n Refer to the ori inal submittal - no chan e
Existin �nd Pro osed Architectural Elev�tions Refer to the ori inal submittal - no chan e
Existin �nd Pro osed Architectural Floor Plans Submitted
Sun/shade �n�l sis Refer to the ori inal submittal - no chan e
All lans must also be submitted in 8.5. x 11. reduced format. Submitted
An Architectural or massin model Refer to the ori inal submittal - no chan e
Photo overla s Refer to the ori inal submittal - no chan e
Parkin needs assessment and vehicular circulation anal sis Submitted
An Environmental Im act Re ort Refer to the ori inal submittal - no chan e
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
IV. Special Development District - Standards and Criteria
"The purpose of the special deve%pment district is to encour�ge flexibi/ity and
cre�tivity in the deve%pment of land in order to promote its most �ppropri�te use; to
improve the design character and qu�lity of the new deve%pment with the Town; to
f�ci/itate the �dequate and economical provision of streets and utilities; to preserve the
natural and scenic features of open sp�ce areas; �nd to further the overallgoals of the
community as stated in the V�il comprehensive plan. °
The following design criteria are used by the Town in the evaluation of a Special
Development District, The proposed Solaris redevelopment plan adequately
addresses each of these criteria, Below is a summary of how the project implements
each of these criteria,
A. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Our Anal�sis;
There are no changes to the design of the proposed building as a result of
this proposal,
The proposed Solaris redevelopment plan was designed to be compatible
with the mountain environment and the new trends in alpine architecture,
While the site is not located in the area regulated by the Vail Village
Urban Design Guide Plan, most of the recommendations and goals of that
plan are implemented by the proposed development plan, The site is
located on the periphery of the village adjacent to the South Frontage
Road, The Vail Village Master Plan recommends taller buildings be
concentrated along the Frontage Road and step down toward the
village core, The proposed structures follow this guideline, The site is also
being redeveloped in the context of recent approvals made by the Town
on adjacent sites, The Vail Plaza Hotel and the Four Season projects have
both been approved following the same general concept of taller
buildings along the Frontage Road, However, the Crossroads project,
unlike the other two, focuses more of the building bulk and mass along the
Frontage Road in order to maintain a large public plaza (1/2-acre in area)
along the south side of the site,
The proposed plan provides generous setbacks to adjacent development
located to the west of the site and the buildings are oriented to help
maintain views in the area, The building was also designed to appear as
several building forms, The roof ridges were turned north south to prevent
a long continuous roof ridge running east west across the site which has
8
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
been fairly common on other redevelopment projects, There are no
major flat roofs proposed on this structure,
The materials are of the highest quality and include Telluride Gold stacked
stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and
siding elements, timber arches and bracing, rolled logs, heavy deck rails,
planter boxes, and proportional glazing, The proposed materials are such
high quality that maintenance is minimally required, The building was
designed to stand the test of time and to respond to the Rocky Mountain
climate and harsh conditions,
B. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
Our Anal�ysis;
The East Meadow Drive area is characterized by residential, lodging, and
commercial development, The Vail Village Master Plan recognizes this
area of Town as mixed-use commercial and high density residential, The
proposed redevelopment plan responds to the uses already developed in
the neighborhood and also provides a high quality mix of uses along East
Meadow Drive, The proposed amendment does not change this vibrancy
along East Meadow Drive, The proposed amendment converts a second
floor ara at the very end of the retail promenade, The area is secluded
and will not operate well as a retail area due to the location and
seclusion,
C. Parking and Loading: Compliance with parking and loading requirements
as outlined in Chapter 10 of this Title.
Our Anal�sis;
The proposed redevelopment plan meets or exceeds all of the parking
and loading standards found in Chapter 10 of the Zoning Regulations,
Please refer to other sections of this report and the proposed
development plan for details on parking and loading, In fact, a surplus of
6 spaces are being provided above and beyond the requirement for all
uses on the site,
D. Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
Our Anal�ysis;
The proposed Solaris redevelopment plan complies with all relevant
master planning documents and Town policies, The plan also complies
with relevant sections of the Urban Design Guide Plan; however, this plan
is not applicable to this site,
9
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
E. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
Our Anal�sis;
There are no natural or geologic hazards existing or mapped by the Town
on the Crossroads site,
F. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of
the community.
Our Anal�ysis;
There are no changes to the above-reference design features as a result
of this proposal,
The Solaris site has been developed for more than 30 years and therefore
there are no natural features on the site and little in terms of vegetation,
The proposed project was designed to reflect mountain alpine
architecture, the alpine climate, and quality demanded by the Town, The
project was also developed around the master plan direction and the
community desire to extend a public plaza into the site, The proposed
plan includes a large open plaza (nearly 20% of the area of the entire
site), This 1/2-acre plaza will improve the Town's ability to accommodate
outdoor gatherings and events, The proposed landscape plan introduces
additional trees and vegetation in meaningful locations throughout the
site to improve the aesthetics of the site and the surrounding area,
G. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
Our Anal�sis;
The proposed amendment has no impact on this criterion,
The Solaris project has been designed to address three major issues within
the Town; availability and adequacy of parking; pedestrian circulation
and gathering; and loading and delivery, A long-standing goal of the
Town is to remove loading and delivery entering the Solaris site through E,
Meadow Drive and require access directly to the South Frontage Road,
The proposed plan includes a new, enclosed loading dock facility that is
accessed directly from the South Frontage Road, The loading facility
includes five loading berths, the maximum required by the Town Code for
a mixed-use facility, The loading dock also includes a trash facility for the
10
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
project, The loading dock provides access to grade on the west side of
the site to allow for use by merchants on adjacent sites,
All of the parking for the site is accessed from Village Center Road, All of
the parking is located below grade, The control gate for the site is
located deep within the garage to prevent cars from stacking into Village
Center Road, Cars exiting the facility cue within the parking structure, thus
preventing any blocking of traffic on Village Center Road, Additionally,
there is a porte cochere along the South Frontage Road for residential
guests arriving at the site, The porte cochere will provide temporary pick-
up for guests and valet parking, A traffic report is included in the
Environmental Impact Report (EIR) for this project and, as agreed
previously in the DIA, a new letter amending the analysis will be provided
as the commercial uses are finalized, This report indicates that all
roadways adjacent to the site have excess capacity upon completion of
this redevelopment project, There is no need for major roadway
improvements due to the traffic generated for the proposed uses on-site,
There is no vehicular access proposed to the East Meadow Drive frontage
of the site,
The pedestrian improvements associated with this site are extensive,
Pedestrian access is provided on all adjacent roadways and between the
VVI project and the Solaris site, The applicant is proposing a significant
public plaza on the site that will allow for pedestrian traffic and public
gatherings,
H. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
Our Anal�sis;
There are no changes to the landscaping as a result of this proposal,
The Solaris project is currently developed with buildings, structured
parking, and surface parking, There is very little existing landscaping on
the property, The site is located within an urban setting which presents
challenges in terms of providing landscape areas and materials, Retail,
plaza areas and gathering places, and pedestrian walks all compete with
landscape improvements, However, the proposed redevelopment plan
for Solaris provides significant landscape materials in strategic locations
which do not interfere with retail store fronts or needed gathering spaces,
The proposed hardscape areas of the site provide an aesthetic quality not
currently existing in the area, The proposed development plan and
landscape plan optimize the site as a gathering space, a recreation
complex, and as a place to sit and view the surrounding urban fabric,
11
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the
development of the special development district.
Our Anal�sis;
There are no changes to the phasing of this project as a result of the
proposed major amendment, The project is proposed to be developed in
one phase,
12
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
V. Adjacent Property Owners
TOWN OF VAIL
C/O FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
HIBBERD, FRED, JR
400 NW RIDGE RD
JACKSON. WY 83001
VAIL CORE CONDOMINIUM ASSOCIATION, INC
VAIL TAX & ACCOUNTING, INC.
P O BOX 5940
AVON, CO 81620
VILLAGE CENTER ASSOCIATION
PO BOX 5968
VAIL, CO 81658
VAIL DOVER ASSOCIATES LLC
4148 N ARCADIA DR
PHOENIX, AZ 85018
TALISMAN CONDO ASSOC.
W. THOMAS SAALFELD
62 E MEADOW DR
VAIL, CO 81657
SONNENALP PROPERTIES INC
20 VAIL RD
VAIL, CO 81657
VAIL VILLAGE PLAZA CONDOMINIUM
ASSOCIATION
C/O ABPLANALP LAW OFFICE LLC,
POST OFFICE BOX 2800
VAIL, CO 81658, UNITED STATES
VILLAGE INN PLAZA CONDOMINIUM
ASSOCIATION
JOSEF STAUFER
100 E MEADOW DR #31
VAIL, CO 81657, UNITED STATES
VILLAGE INN PLAZA PHASE V CONDOMINIUM
ASSOCIATION
100 EAST MEADOW DRIVE STE 31
VAIL, CO 81657
VILLAGE INN PLAZA CONDOMINIUM
COLORADO REGISTRATION, INC.
880 HOMESTEAD DRIVE, NO. 25
EDWARDS, CO 81632
Crossroads Rede�-elopment
�Iaw�iello Planning Group, LLC
VILLAGE INN PLAZA PHASE V CONDOMINIUM
ASSOCIATION
COLORADO REGISTRATION, INC
880 HOMESTEAD DRIVE NO. 25
EDWARDS, CO 81632
VILLAGE INN PLAZA PHASE V CONDOMINIUM
ASSOCIATION
COLORADO REGISTRATION, INC
PO BOX 666
VAIL, CO 81658
VILLAGE INN PLAZA CONDOMINIUM
ASSOCIATION
COLORADO REGISTRATION, INC.
POST OFFICE BOX 666
VAIL, CO 81658
VAIL VILLAGE PLAZA CONDOMINIUM
ASSOCIATION
143 E. MEADOW DRIVE NO. 360
C/O SLIFER MANAGEMENT CO
VAIL, CO 81657
VAIL VILLAGE PLAZA CONDOMINIUM
ASSOCIATION
SALLY HANLON
385 GORE CREEK DRIVE NO. R 2
VAIL, CO 81657
AUSTRIA HAUS CONDO ASSOC INC
242 E MEADOW DR.
VAIL, CO 81657
ANN BISHOP
VAIL VILLAGE INN PHASE III ASSOC
PO BOX 820
VAIL, CO 81658
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
MAURIELLO PLANNING GROUP, LLC
POST OFFICE BOX 1127
AVON, CO 81620
SOLARIS
2211 NORTH FRONTAGE ROAD, SUITE A
VAIL, CO 81657
13
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PLANNiNG AND ENVtRONh1ENTAL
COMMISSION
Marth 4, 2009
1:OOpm
TOWN COUNCIL CHAMBERS
/PUBLIC WELCOME
75 S. Frontage Road - Vail, Cotorado, 87657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits: No site visils
30 minutes
i.A reques! tor a finai review ol an amendment to an existing conditional use permil, pursuant to Section
12-76-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary
businoss oflice conditional use permit, located a1450 East Lionshead Circle (Treetops Building)/Lot 6, Vail
Lionshead Filing 1, and seriing forth details in regard �herelo. (PEC090004)
Applicant: 450 8uflalo Properties, represented by Michael Hecht
PlannecBill Gibson
ACTION:
MOTION: SECOND: VOTE:
30 minutes
2.A request for a fina! rewmmendation to the Vaif Town Council on a proposed major amendment to Spe-
ciel Development District No. 39, Crossroads, pursuant to AAicle 12-9A, Special Development District, Vaii
Town Code, ro allow tor an inCrease in the number of dwelling units from 77 units ro 78 units; located at
141 and 143 Meadow Drive/LOt P. Block 5D, Vail Village Filing 1, and setting foAh details in regard there-
to. (PEC090003)
Applicaro: Solans Property Owner, LLG represeMed by Mauriello Planning Group, LLC
Planner: Werren Campbell
ACTION:
MOTION:SECOND: VOTE:
30 minutes
3.A request for a work session lo discuss �he esfablishment ot a new special development district, pursu-
ant to Anicle 12-9A, Speciai Development (SDD) Dislrict, Vail Town Code, located at 303 Gore Creek
Drive, Units 7 throughl4 (Vail Rowhouses)/Lots 7 through 13, 81ock 5, Vail Village Filing 1, and setting
lonh details in regard thereto. (PEC08007aj
Applicani: Christopher Gaivin, represe�ted by K.H. Webb Architeds
Ptanner. 8ill Gibson
ACTION:
MOTION:SECONp: VOTE:
5 minutes
4.A request tor a work session lor a review of a preliminary plan tor a major subdivision, pursuant to
Chapter 133, Major Subdivision, Vail Town Code, to allow for the crealion of Iwo lots for the redevelop-
ment of the propenies known as "Ever Vail' (West Lionshead), located at 862. 923. 934, 953, and 1037
Soulh Frontage Road West, and the Soulh Frontage Road West right-of-way/Unplaried (a complete legal
desciiption is available tor inspeGion at Ihe Town of Vail Community DevelopmeM Department), and set-
ting lonh de!ails in regard thereto. (PEC080062)
ApplicanL Vail Resorts, represented by Maurieilo Planning Group, LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to March 23, 2009
MOTION: SECOND: VOTE:
5 minutes
5.A request for final review of conditional use permits, pursuant to Section 12-71-5. Conditional Uses:
Generally (On All Levels Of A Building Or Outside OI A Building), Veil Town Code, to allow for the
development ol a pu6lic or private parking lot (parkin9 structure); a vehicle maintenance, service, repair,
storage, and lueling tacility; e ski I�ft and tow (gondola), within `Ever VaiP (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 ol Vail
Communiry Devebpment Depanment), and setting lonh details in regard therelo. (PEC080063)
ApplicanC Vail Resorts, represented by Maunello Planning Group, LLC
Planner. Warren Campbell
ACT10N: Table to Aprii 13, 2009
MOTION:SECOND: VOTE:
5 minutes
6.A request for a(inal review of major erzlenor alterations, pursuant m Section 12-71J, Exterior Alterations
or Modilications, Vail Town Code, to allow fOr the redevelopment of the area known as "Ever Va!r (West
Lionshead), with mu0iple mixed-use sWctures including bu[ not limited to, multiple-(amily dv+_:��.i ��q units,
fractional fee units, accommodation units, employee housing units, ollice, and commercial/retaJ uses,
Iceated at 862, 923, 934, 953, and 1037 South Frontage Road West, and the South Frontage Road West
righbol-waylUnpletted (a complete legal description is availabie lor inspection at the Town ol Vaif
Community Development Department), and setting lonh details in regard ihereto. (PEC080064)
Applicanc Vail Resorts, represented by Mauriello P�anning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION:SECOND: VOTE:
5 minutes
7.A request for a final recommendation to ihe Vail Town Council for prescribed regulalion amendments,
pursuant to Section 72-3-7, Amendment. Vail Town Code, to amend Section 72-10-19, Core Areas
Identilied, Vail Town Code, ro amend the core area parking maps to include "Ever Vail" (West Lionshead)
within Ihe "Commercia� Core" designation, and setting (orth details in regard thereto. (PEC080065)
Applicam: Vail Resons, represented by Maunello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 13, 2009
MOTION:SECOND: VOTE:
5 minules
8.A request for a tinal recommendalion to the Vail Town Council tor a zone district boundary amendment,
pursuant to 12-3-7, Amendments, Vail Town Code, to allow (or a rezoning oi properties from Arterial
Business District and unzoned South Frontage Road West right-of-way which is not zoned to Lionshead
Mixed Use-2, properties known as `£ver VaiP (West Lionshead), locared at 953 and 1031 Soufh Fromage
Road West and South Frontage Road West righ�-ol-way, (a complete legal descriplion is available for
inspection at the Town of Vail Community Development Depanment), and setting fonh details in regard
thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Plan�ec Warren Camp6ell
ACTION: Ta61e lo Apr1113, 2009
MOTION: SECOND: VOTE:
9.Approval 01 February 23. 2009 minutes
MOTION: SECOND: VOTE:
10.Information Update
11.Adjournment
MOTION: SECONp: VOTE:
The applications and information about the proposals are available lor public inspection during regular
oflice hours at the Town ot Vail Community Development Depanment, 75 South Frontage Road. The
public is invited to atlend the project oriemation and the site visits that precede the public hearing in the
Town of Vail Communiry Development Department. Please call (970) 479-2138 for additional infortnation.
Sign language interpretation is available upon request with 24-hour notilication. Please call (970)
479-2356. Tetephone for the Hearing Impaired, for iniormation.
Communiry Development Depanment
Published March 6, 2009, i� the Vail Daily. (3102672)
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PLANNING AND ENVIRONMENTAL COMMISSION
February 23, 2009
..
1:OOpm
TOWNOFYAfI, '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Bill Pierce
Susie Tjossem
David Viele
Scott Proper
Michael Kurz
Sarah Robinson-Paladino arrived at 1
Site Visits: No site visits
10 pm
MEMBERS ABSENT
Rollie Kjesbo
60 Minutes
A request for a final recommendation to the Vail Town Council for proposed amendments to the
Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments,
Vail Village Master Plan, to amend Sub-area #4, Transportation Center, to allow for a mixed-use
development on the south side of the Vail Village parking structure, located at 241 East Meadow
Drive/Parts of Tracts B and C, Vail Village Filing 1(a complete description is available at the
Community Development Department upon request), and setting forth details in regard thereto.
(PEC080015)
Applicant: Triumph Development, LLC, represented by Rick Pylman
Planner: Nicole Peterson
ACTION: Recommendation of approval
MOTION: Proper SECOND: Tjossem VOTE: 3-2-1 (Kurz and Viele opposed, Pierce recused)
Commissioner Pierce identified a conflict of interest with regard to the project and his need to
recuse.
Commissioner Kurz was acting Chair in Commissioner Pierce's stead.
Nicole Peterson gave a power point presentation describing in detail the proposal.
Rick Pylman, of Pylman and Associates, representing the applicant gave a presentation which
focused on the process and what step in the process was being requested at this point. He
further responded point by point to comments made at the December 8, 2008, Commission
public hearing.
Jeff Winston, Winston and Associates, representing the Town of Vail, gave a presentation
regarding the competing interests involved with this proposal. Those being the retention of
green open space or creation of Master Plan language allowing for a more urban street design.
He clarified that in the digital model that would be presented there was some level of detail
added to the model verse doing a general bulk and mass in order to give a better sense of what
might occur. However, what will be shown in no way depicts the only design which could be
proposed. Specifically referenced in the presentation was the question of whether or not a
"canyon effecY' was created on East Meadow Drive by allowing for structures to be constructed
opposite of existing development. It was described how the width of a street and the height of
the structures can create a comfortable pedestrian experience as anticipated in the Vail Village
Urban Design Guidelines. He added that the pedestrian fabric of Vail Village has changed since
Page 1
the original planted buffer was designed. And infill development on the south side would draw
people through the Village and create a figure eight pattern for better pedestrian circulation in
this area.
Matt Drummond, resident of Edwards employed in Vail, said he has doubts that the proposed
retail space would create jobs. He is concerned about the cost of the proposed employee
housing and its attainability and the viability of the proposed retail and office.
Steve Lindstrom, representing the Vail Housing Authority, stated that the Authority supports
using spaces like the south side of the parking structure for employee housing. He went on to
explain that there is a broad range of housing needs; that include several different price points
and amenities. As a resident of Vail, he supports the location of retail and office in this location.
Matt Morgan, owner of Sweet Basil, having been in business for 32 years, stated his concern
with the seasonal viability of Vail. He believes that regardless of the economic climate the Town
needs to have vision and foresight. He is in favor of taking a good look at the proposal.
Steve Hawkins, manager of the Mountain Haus, representing the Mountain Haus, expressed his
shock at seeing the model and the enclosure it would create. He does not believe that guests
will want to come from the city and stay in this neighborhood. He does not believe that this
proposal is good for Vail or the neighborhood in which the Mountain Haus is located. He is
asking for the Commission to unanimously vote to protect open space.
Dave Gorsuch, business owner and resident in Vail, gave his insight on the current state of the
economy and retail in the Town. He appreciates the foresight of the proposal and believes it is
good for the long term success of Vail. Having retail, office, and employee housing would be
good for Vail. If the Town is going to develop this parcel it should be developed in the best way
possible. He stated that he understood the comments about "canyon effecY'; however, a more
charming streetscape would be beneficial. He stated that this end of the valley is stagnant and
could use more creative retail to bring year round activity.
Tim Hargreaves, General Manager of the Willows in Vail, spoke to the need for families in Town.
He said it makes sense to add the mixed use on the site. He's excited about the opportunity to
have affordable housing that will bring locals back to Vail. Having families back in Town would
be great for businesses and the community.
Ted Wenninger, resident of Eagle, said that it is difficult to find affordable housing. He would
love to live in Vail if he could. He encouraged the Commission to allow the opportunity for the
project to move forward. He believes that having a mix of retail, office, and affordable housing
would be a good on the site.
Mike Glass, President of Alpine Bank in Vail, wanted to lend his support to this application. He
has been looking for viable professional office space, and believes this is a good location to
provide office use.
Paul Gaudfelt, business owner in Vail, stated his support of the project.
Larry Dolmont, owner of a residence in Mountain Haus, expressed that he was not in support of
the proposal. He is in support of keeping the open space. However, he understands the
opportunity to develop the site, and if the project moves forward he would like to see less density
and lower height.
Page 2
Stan Cope, manager of Vail Mountain Lodge and Spa, is concerned about the model he saw and
its impacts. He is concerned about the green space buffer and the fact that they put 18 hotel
rooms looking to the north, of which 2 floors look at the trees and top floor looks over the parking
structure. He asked that the open space remains. He was concerned about how his hotel would
survive with construction 35 feet from the Mountain Lodge and Spa. He believes that a canyon
is created by this proposal.
Rich Selph, owner of a residence in the Mountain Haus, is confused about the model he saw and
the request today. It appears a project is driving this request. He is fearful that the Master Plan
amendment will lead to development. He added that the Master Plan identifies the preservation
of open space as a priority. He is concerned about the creation of a canyon. He is concerned
about the impacts on the future infrastructure needs of the parking structure and transit.
Jim Lamont, Vail Homeowners Association, asked several questions about the Vail Village
Urban Design Guidelines and their application to various projects in this area of the Village. He
further spoke to the covenants that are recorded on the property and getting in the mindset of
what the covenants stated. The covenants speak to transit, parking, and open space and that
any changes to those uses would need to go through a scrutinizing process to be changed. He
believes every property owner in Vail Village Filing 1 has a financial claim attached to the
covenants. While the Town has the right to condemn the covenants, the Town is required to
provide compensation to those property owners. This issue is about the Village not just the
Town and the owners across the street. He does not believe the Master Plan needs to be
amended at this point in time. Open space is an integral part of the complexion of the Village.
The amendments remove all language from the Master Plan referencing the preservation of
open space. Planning in the Town has been opportunistic verses proactive and protective.
There are impacts to the Vail Village Parking Structure of the Council's decision not to pursue
mass transit on the North Day Lot. We have no concept of what is needed at the Town's sole
transit site. Critics are saying we are becoming to urban. He questioned the loading and
delivery that occurs in front of the Mountain Haus and Vail Mountain Lodge and Spa. He does
not believe the necessary studies have been perFormed to determine that the retail can be
absorbed and loading and delivery can occur. Open space is not a disposable commodity it is
what it was intended to be.
Commissioner Proper asked several questions about the technical aspects regarding Triumph's
and the Town's abilities to adopt amendments to the Master Plan. This step today is not about
the sale of the site, the development of the site, and the Commission is not approving a specific
development on the property. He believes the text amendment allows for a greater range of
discussion of uses on the site in the future, and is in support of the amendment.
Commissioner Viele stated his support of Jim LamonYs comments. He remains unsatisfied that
Triumph Development has the right to be assigned the Town's right of ownership. He is
concerned about the steps in the process and the validity of the process. He does not believe
that the uses are appropriate for the site.
Commissioner Tjossem stated that today's request is to allow for future discussions on the site.
Recently while on a trip to Winter Park, she saw a parking structure wrapped with a commercial
buffer and believes it may be appropriate in Vail. She is in support of the amendment.
Commissioner Paladino stated that she was not voting on a particular development and that she
supports the Master Plan amendments.
Page 3
Commissioner Kurz believes Jim Lamont made several good points. He believes there is a
public trust, involved in the development, which needs to be protected. He said the development
project is too dense and does not maintain the character of Vail Village.
60 Minutes
2. A request for a work session for a review of a preliminary plan for a major subdivision, pursuant
to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the
redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923,
934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-
way/Unplatted (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080062)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell/George Ruther
ACTION: Tabled to March 9, 2009
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
Warren Campbell gave a presentation based on the Staff memorandum. He asked that the
Commission apply an additional condition to the application should they choose to approve the
application. The proposed additional condition read:
3) The applicant shall revise the Preliminary Plan, prior to proceeding to the Town
Council, to remove the text identifying the 20-foot Town of Vail right-of-way as including
a "Shoring EasemenY'.
Dominic Mauriello, of the Mauriello Planning Group, representing the applicant, requested that
the Commission discuss the condition as proposed by Staff prior to the start of any presentation.
If the Commission thought the condition was appropriate the applicant was going to request a
tabling in order to resolve the issue with Staff. He added that Vail Resorts only agreed to a
Town of Vail right-of-way with the understanding that shoring would be permitted within the right-
of-way by establishment of a shoring easement. The shoring is important because of the 3
levels of underground parking.
Commissioner Viele inquired as to what the Town Council had directed in regards to this right-of-
way.
Warren Campbell explained that the Town Council directed Staff and the applicant to move
forward with the South Frontage Road relocation design with a Town of Vail right-of-way and not
an easement. While shoring was briefly mentioned there was no discussion on the
establishment of a shoring easement or the details of said easement. By asking the Commission
to include the proposed condition, Staff was attempting to avoid any misleading regarding
elements on the preliminary plan which might be interpreted as Town, Staff, or Commission
approval of a shoring easement.
Dominic Mauriello stated that the applicant is looking for a Commission recommendation that
shoring take place within the 20 foot easement. If the proposed additional condition is made a
condition, the applicant does not want to proceed and will request a tabling.
Tom Miller, Vail Resort Development Company, explained the importance of having the shoring
easement identified on the preliminary plan and if Staff had concerns he would ask for a tabling
so the issue could be discussed outside of the hearing.
George Ruther, Director of Community Development, stated that Staff's concern was that he
could not recommend that the Town agree to a"shoring easemenY' until such time as the
Page 4
Council had discussed the issue and terms were established. An easement could be granted,
however, we do not want to obligate the Town before the terms have been decided.
Commissioner Proper asked where the condition Staff was proposed should be added came
from?
Warren Campbell stated that earlier in the morning he and George Ruther had identified that a
revised preliminary plan submitted late on Thursday included the shoring easement language
and was not caught by staff prior to the memorandum going out to members.
Greg Hall, Public Works Director stated that the Town does not typically have any easements
over rights-of-way in the Town. He stated that typically improvements in the right-of-way such as
shoring would be done by license agreement.
Tom Miller asked if Staff would agree to changing the language that to a license agreement for
shoring on the plan?
George Ruther stated that a license agreement would need to be reviewed by Town Council and
the changing of the language at the hearing was not the solution.
5 Minutes
3. 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: Table to March 9, 2009
MOTION: Veile SECOND: Tjossem VOTE: 6-0-0
4. Approval of February 9, 2009 minutes
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5. Information Update
Commissioner Kurz asked Staff to look into the possibility that Commissioner Kjesbo could
provide his comments regarding the proposed Vail Village Master plan amendments in writing to
the Council since the vote was so close.
George Ruther responded that Staff would look into the issue and get back with the Commission.
Warren Campbell made a general reminder about the need for letters from Commission
members if they would like to be reappointed.
6. Adjournment
MOTION: Kurz SECOND: Paladino VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Page 5
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 20, 2009, in the Vail Daily.
Page 6