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HomeMy WebLinkAbout2009-0914 PECPLANNING AND ENVIRONMENTAL COMMISSION September 14, 2009 1:00pm MN OF YAfI+ ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Mueller Residence - 1550 Matterhorn Circle 20 minutes 1. A request for a final review of a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. (PEC090024) Applicant: Wolfgang Mueller Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 30 minutes 2. A request for a 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 additional dwelling unit, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 20 minutes 3. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 17 Ramshorn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a reduction of Gross Residential Floor Area and changes to the site and landscape plans, located at 416 Vail Valley Drive/Lot A, Block 3, Vail Village Filing 5 and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC090025) Applicant: Fritzlen Pierce Architects Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 5 minutes 4. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to September 28, 2009 MOTION: SECOND: VOTE: Page 1 5 minutes 5. A request for a final recommendation for the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to September 28, 2009 MOTION: SECOND: VOTE: 5 minutes 6. A 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 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Table to September 28, 2009 MOTION: SECOND: VOTE: 7. Approval of August 24, 2009 minutes MOTION: SECOND: VOTE: 8. Information Update Lionshead Transit Center Update - Tom Kassmel 9. 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 September 11, 2009, in the Vail Daily. Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 14, 2009 SUBJECT: A request for a final review of a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. (PEC090024) Applicant: Wolfgang Mueller Planner: Bill Gibson SUMMARY The applicant, Wolfgang Mueller, is requesting a final review of a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of the requested variance subject to the findings and conditions noted in Section IX of this memorandum. DESCRIPTION OF THE REQUEST The applicant, Wolfgang Mueller, is requesting a final review of a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. The applicant is proposing to construct a Type III Employee Housing Unit (EHU) by remodeling an existing attic storage area above the existing garage on the subject property. By converting the entire attic area, the proposed EHU will be 1,544 sq. ft. in size which exceeds the 1,200 sq. ft. size limit prescribed by Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code; thus necessitating this variance request. The exterior modifications to the existing garage structure will be limited to a new dormer, skylights, entry roof, and a deck extension. There is adequate existing parking to accommodate this new EHU and the applicant is proposing no changes to the existing Lot Area/Site Dimension, Setback, Height, Density Control, Site Coverage, Landscaping and Site Development calculations for this property. A vicinity map (Attachment A), the applicant's request (Attachment B), architectural plans and photographs (Attachment C), and the public notice (Attachment D) have been attached for reference. III. BACKGROUND The subject property was originally developed with five dwelling units in 1976 under Eagle County jurisdiction. The property was later annexed into the Town of Vail in 1982 and zoned Residential Cluster District which allows up to three dwelling units to be constructed on a lot of this size. Therefore, the subject property is now legally non- conforming in regard to the density provisions of the Residential Cluster District and no new "dwelling units" are permitted to be constructed on this site. However, pursuant to Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, Type III EHU's are excluded from density calculations. Therefore, an unlimited number of Type III EHU's may be constructed on this site. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit and variance applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part) 12-6E-1: PURPOSE: The residential cluster district is intended to provide sites for single-family, two- family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same district. The residential cluster district is intended to ensure adequate 2 light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. CHAPTER 12-13, EMPLOYEE HOUSING: (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. CHAPTER 12-17, VARIANCES (IN PART) 12-17-1: PURPOSE: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 3 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. 4 0 a a~ 0 0 W .p N N T a a~ Cl~ d= Ci N O U CO EE z o cB w Q a~ o aX i p Et (Z) x p t x O L M ' N ~ L L Q L L ~ i O N O o ~ Q) CO Q) - Q o U U Cl~ c~ Q Qa a Q U J 0 ~ o = N O ~ U LL, w a U ~ Cr N _ O U O Q Q) M i ~NM U O Cr- oooo co Q c) a ~ Q aa ~ ' a ~ N ~ , N~ O U J ~J Cl~J ~CL cBUUU U UQ~ (D C/) ~ N LO VI VII. VIII ZONING ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: 1550 Matterhorn Circle Unplatted Residential Cluster District Medium Density Residential Multiple-Family Residential None Site Standards Allowed/Required Existing Proposed EHU size (max): 1,200 sq. ft. n/a 1,544 sq. ft. Parking (min): 12 spaces 12 spaces no change There will be no changes to the Lot Area/Site Dimension, Setback, Height, Density Control, Site Coverage, Landscaping and Site Development standards. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: Multi-Family Residential Residential Cluster District South: Multi-Family Residential Residential Cluster District East: Donovan Park Middle Bench Agriculture & Open Space District West: Gore Creek and Donovan Park General Use District REVIEW CRITERIA The Planning and Environmental Commission shall consider the following factors with respect to a variance application: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. A principle development objective of the Town of Vail is to encourage the construction of housing for local residents. In response to this objective, the Vail Town Code includes requirements and incentives for the construction of Employee Housing Units (EHU's). EHU's are required in certain zone districts by the Town's Commercial Linkage and Inclusionary Zoning policies. In most zone districts, employee housing are facilitated by the Vail Town Code by allowing such units as permitted uses and granting additional development rights. One of these incentives includes the provision that Type III EHUs are excluded from both density and Gross Residential Floor Area (GRFA) calculations, pursuant to Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code. Although Type III EHU's are not calculated as density or GRFA, the provisions of Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, do regulate the size of these EHUs at a minimum of 300 sq. ft. and a maximum of 1,200 sq. ft. These EHU size limits are determined by using GRFA calculation methods. 6 The proposed EHU for which this variance is being requested, will be created by remodeling the existing attic storage area of an existing garage structure on the subject property. The exterior modifications to the existing garage structure will be limited to a new dormer, skylights, entry roof, and a deck extension. Staff believes the proposed EHU in the existing garage will have little physical or visual impact on neighboring uses or structures in comparison to existing conditions. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes the original development of the subject property under Eagle County jurisdiction and the subsequent annexation of the property into the Town of Vail has created unique circumstances related to the existing density on the site and the configuration of existing structures. The Vail Town Code generally encourages, and occasionally requires, the construction of EHU's. Type III EHU's are permitted in the Residential Cluster District and the applicant is proposing to convert the existing attic storage area above an existing garage into an EHU. The floor area of this converted attic will exceed the 1,200 sq. ft. EHU size limit prescribed by Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code. Since the applicant is proposing to create an EHU in the existing attic area of an existing structure, Staff believes the applicant is requesting a variance to the degree necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege due to the unique characteristics of the property. Additionally, on July 11, 2005, the Planning and Environmental Commission approved a variance allowing the construction of a new Type III Employee Housing Unit in excess of the 1,200 sq. ft. floor area limit in the Residential Cluster District at 2883 Kinnikinnick Road. This variance facilitated the construction of a new three-story, single-family style Type III EHU. The top two floors of living area equaled 1,200 sq. ft., and the variance allowed an additional 873 sq. ft. of garage and storage area to be constructed on the first floor. The variance resulted in a total EHU unit size equaling 2,073 sq. ft. of floor area. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe this proposal will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to the existing conditions. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. As part of the on-going Zoning Code update project, Staff is proposing that the Planning and Environmental Commission and the Town Council amend Section 12-13-4, Vail Town Code, and eliminate the current 1,200 sq. ft. floor area cap on the size of Type III EHU's. 7 IX. STAFF RECOMMENDATION Based upon Staff's analysis of the review criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with a condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto, subject to the following condition: 1. Approval of this variance request is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: "Based upon the analysis of the review criteria outlined in Section Vlll of Staffs September 14, 2009, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Residential Cluster (RC) District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Residential Cluster (RC) District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Residential Cluster (RC) District. " 8 X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans and Photographs D. Public Notice Attachment A ~ o x 0. w o z cl1 t1 _ U a N L ~ w a LO Q7 LO W ~o 0 mJ 10 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 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 additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. SUMMARY The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, 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 78 units to 79 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 applicant's 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. II. 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 78 units to 79 units. The key element of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47) which is 32 dwelling units greater. The proposed new unit will replace the "support area" for staff depicted on the Approved Level 3 floor plan behind the front desk service area. Support areas for staff have been relocated to other areas of the Approved Promenade Level and the Proposed Level 3, which are shown in blue. The proposed new unit measures 926 square feet and will be a one bedroom with one full bathroom. The conversion of this space from common area to a dwelling unit does not result in an increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the "support area" does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Solaris, to allow for an increase from 78 to 79 dwelling units dated August 10, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attached for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions 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 deviation from the prescribed development standards for density (number of units). 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 for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; 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 number of dwelling 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. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed) to • 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; 2 • 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 • Decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of 4-3-0 (Cleveland, Foley, Daly opposed) IV. ROLES OF REVIEWING BOARDS Plannina 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 Villaae 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 forimprovements 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 out" #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 maybe 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 Zoning Regulations 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 maybe 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 Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 units /acre 47.5 D.U.s 79 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq. ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (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 tota l permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1%) Parking: 218 spaces 304 spaces (81 spaces approved to be in private parking club and 5 surplus public spaces) VII. SURROUNDING LAND USES AND ZONING Land Use Zoning 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 characterand 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 comply with each of the following standards, or demonstrate 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 project's compliance with the nine SDD review criteria: A. Consideration of Factors Regarding 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 memorandum to the Planning and Environmental Commission dated January 23, 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 78 to 79 and includes no change to the approved GRFA. 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 memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the 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 is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff "support area" 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. It was identified in this conversation that the primary purpose of the underlying zone district, Commercial Service Center, is to provided for commercial/retail development with "limited multiple-familydwelling and lodge uses as may be appropriate without interfering with the basic commercial functions". The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4% increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. Employee Housing 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 by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the 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 926 square foot meeting space to residential does not generate an increase in the employee housing generation due to the allowable GRFA not being increased from the approved 200,858 square feet. 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 218 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 five (5) 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 for the 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 character of 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 by the 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 Village 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 memorandum to the Planning and Environmental Commission dated January 23, 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 memorandum to the Planning and Environmental Commission dated January 23, 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. 1. 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 78 units to 79 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. 10 That the proposed gross residential floor area of 174.4% of lot area, additional thirty- one dwelling units over allowable (at 29.9 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 applicant's request, staff recommends that the draft Ordinance No. 20, 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, Solaris, to allow for an increase from 78 to 79 dwelling units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No. 20, Series of 2009 11 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 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 additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. SUMMARY The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, 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 78 units to 79 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 applicant's 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. II. 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 78 units to 79 units. The key element of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47) which is 32 dwelling units greater. The proposed new unit will replace the "support area" for staff depicted on the Approved Level 3 floor plan behind the front desk service area. Support areas for staff have been relocated to other areas of the Approved Promenade Level and the Proposed Level 3, which are shown in blue. The proposed new unit measures 926 square feet and will be a one bedroom with one full bathroom. The conversion of this space from common area to a dwelling unit does not result in an increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the "support area" does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Solaris, to allow for an increase from 78 to 79 dwelling units dated August 10, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attached for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions 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 deviation from the prescribed development standards for density (number of units). 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 for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; 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 number of dwelling 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. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed) to • 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; 2 • 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 • Decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of 4-3-0 (Cleveland, Foley, Daly opposed) IV. ROLES OF REVIEWING BOARDS Plannina 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 Villaae 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 forimprovements 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 out" #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 maybe 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 Zoning Regulations 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 maybe 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 Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 units /acre 47.5 D.U.s 79 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq. ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (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 tota l permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1%) Parking: 218 spaces 304 spaces (81 spaces approved to be in private parking club and 5 surplus public spaces) VII. SURROUNDING LAND USES AND ZONING Land Use Zoning 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 characterand 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 comply with each of the following standards, or demonstrate 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 project's compliance with the nine SDD review criteria: A. Consideration of Factors Regarding 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 memorandum to the Planning and Environmental Commission dated January 23, 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 78 to 79 and includes no change to the approved GRFA. 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 memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the 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 is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff "support area" 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. It was identified in this conversation that the primary purpose of the underlying zone district, Commercial Service Center, is to provided for commercial/retail development with "limited multiple-familydwelling and lodge uses as may be appropriate without interfering with the basic commercial functions". The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4% increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. Employee Housing 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 by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the 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 926 square foot meeting space to residential does not generate an increase in the employee housing generation due to the allowable GRFA not being increased from the approved 200,858 square feet. 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 218 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 five (5) 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 for the 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 character of 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 by the 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 Village 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 memorandum to the Planning and Environmental Commission dated January 23, 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 memorandum to the Planning and Environmental Commission dated January 23, 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. 1. 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 78 units to 79 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. 10 That the proposed gross residential floor area of 174.4% of lot area, additional thirty- one dwelling units over allowable (at 29.9 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 applicant's request, staff recommends that the draft Ordinance No. 20, 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, Solaris, to allow for an increase from 78 to 79 dwelling units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No. 20, Series of 2009 11 Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dwelling units I J~ I il" Mauriello Planning Group Submitted August 10, 2009 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 total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the lobby level in a space that was previously considered support office for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functional office spaces. The space that is being converted to a unit was located inconveniently - physically separated from the lobby - and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: f LtVGt- 3 4~M.EI 1 1VS = 1-41 S~~l( Major Amendment 1 Proposed: .11 LtVtL s ALGU i' 11, AM This application for an additional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicating where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA will not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modifications to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require additional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. II. Background On January 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meeting rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, Series of 2006, approving the SDD and development plan for Solaris. Various amendments to Special Development District No. 39, Solaris, have been approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was S~~l( Major Amendment 2 approved by the Town Council, allowing for the conversion of a commercial space on the promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit is a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. III. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: Use Number of Units / Sq. Ft. Code Ratios Total Dwelling Units 79 1.4 110.600 Retail 32,537 0.0023 74.835 Theater Seating 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5% Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 S~~l( Major Amendment 3 IV. Employee Housing Plan Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this application. V. Special Development District - Standards and Criteria "The purpose of the 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 with 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." 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 Analysis: 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 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. S~~l( Major Amendment 4 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 Analysis: 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. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: 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 5 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 Analysis: 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. 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 Analysis: There are no natural or geologic hazards existing or mapped by the Town on the 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 Analysis: S~~l( Major Amendment 5 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 Analysis: 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 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. S~~l( Major Amendment 6 H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: 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. 1. 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 Analysis: 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. S~~l( Major Amendment 7 VI. Adjacent List of owners C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V 75 S FRONTAGE RD CONDOMINIUM VAIL, CO 81657 ASSOCIATION 100 EAST MEADOW DRIVE STE 31 HIBBERD, FRED, JR VAIL, CO 81657 400 NW RIDGE RD JACKSON, WY 83001 VILLAGE INN PLAZA VAIL CORE CONDOMINIUM ASSOCIATION, INC. VAILTAX &ACCOUNTING, INC. P O BOX 5940 AVON, CO 81620 VILLAGE CENTER ASSOCIATION PO BOX 5968 VAIL, CO 81658 CONDOMINIUM COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 81632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 EDWARDS, CO 81632 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 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 S~~l( Major Amendment 8 Solaris Square Footage Lost Calculations 7.28.09 Unit Number Square Footage Lost Unit 307 73 Unit 308 57 Unit 309 14 Unit 401 26 Unit 402 54 Unit 406 73 Unit 409 13 Unit 411 10 Unit 414 3 Unit 415 73 Unit 416 77 Unit 501 72 Unit 505 73 Unit 508 10 Unit 514 47 Unit 515 19 Unit 605 73 Unit 607 10 Unit 613 47 Unit 614 19 Unit 704 Upper & Lower 146 Unit 705 28 Unit 706 12 Unit 711 47 Total: 1076 ,r e p p p o o o o o p o o~ =o oI~ 0 0 0 0 ~ o~ o ~mno ,o © p ~ J eo~oa p ~a " o 'p;' ,o ~m o p o 0 y p p .V' Og i' p` p p p p p 0 p_ p p ,p p p p a - p: 0 o p - f]- 0 p p= p p [ pE p A p ~m Gm ~p 0 ~m p 0 p p= p p p p< p p p m 0 p © p p` p ~ 0 Cm ° m~ n~ p 0 p - p p p. p p 0 p< p p p \ ® r €8 p p= p ~ p 0 0 0 p` p f p _ p 0 p p p' p ~ Vic; ~ p n\ p p 0 - 0 ° p p 0 0 p p 0 p ~ p 0- 0 -p 0 p p= p p p p p p p p C' p ~ p p p 0 - 0 0 p p 0 0 0 p Eul p p p p pm J p p p p' 0 p ~ p p p p,: 0 p~n 0= p' p to o m m 0 2.. x_ N II r < 0 MM m r O D i Uko ° I o o 1 ~l o v c x~ ~h ADD c m N D U) om=r0 N m< , o o m r 00 1 y _E ® a Pe o~I E p e o ~I ® ® o I I I I 0 3 I 0 0~ 0 0 I 0 D 0 0 0 ~ D D D 0 0 0 08 08 0 I Q I D D I Q I 0 ~ r ~~n 0 0 I ®a a o - 0 _ 0 I 0 0 0~ 0 a I I I -01 a . ~ a r ,UL Y O J ~ F~ ~ ~ 0 I OO i/ ~ ~ n V II n - - P ® o~ v Om T N 0 \ m o p o~ q 0~. m m z 0 0 0 0 ® o z~ U ~Dm c m Z D v N m o~ or m m r it SUP 2.2 VILLAGE CENTER DRIV 0 SUP 2.2% 0 0 D DD= 0➢' I i T7 J z y 0 El A' o o ®o o 3 0 o~ a CD I z - ~ c z w o - - - o z rv o ❑ FF y m c z y Y ~ H o® n o ® o I ❑®Led ®~o c o® - o,4 z w W ~o C o >OZ A Z o 0 0 c z O z o - o E:l t i - z R OM El c m ~ - i G 8°' , m O ~r N II G F] 3 o,G,m o_ o 0 0 -,R c z c z c Cn V ~ V1 (h p ~ ti O ,r z y N 0 Oz L7 0 o ®o ° ®l CD P ° x I z - ~ z w o - o z rv o ❑ y ° c z y Y ~ H ' oz ❑ n 0 ¢ ®~o I ~ a rm ° N _ m ° d D v ❑ 0 C m N z_ w 0 W ~o _ a R 6 z N ~ o I ~ t Y o i O V o EEI t i -7 ~ R OM ❑ ® El o , IW W r c m m 0 - ' m G ~ O, m A N II V/ rt o_ m o 0 0 -,h z z 77 Lin V ~ V1 (h p ~ ti O ,r N P' c ~ W D w k7 N V D y N ~ ~ T T z ❑ IJ ° EE El Ll - - - ❑ ® - . ~ z G N E0® c z - c I ~ A A n i® II E-i 9a4oVpp p 4 YJ T 2 o®®o 7rF - =1 ~ ❑ ~ 0 ' x, , ou un ~n z y u IQ ~ ~ c 2 y ~ I u'CI 0 ' D V z P CJ N I ~ j ^N Z _ ® T O I E:l O i ` C - r/ N II \ ® 0 ® 91~IL r- II O m z CD G l _ o h z _ c W G ~ ~ A m k1 ~ ,r c y y cn CNP cn ® C z ~ _ K7 cn c ? 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(PEC090025) Applicant: Ramshorn Lodge Condo Association, represented by Fritzlen Pierce Architects Planner: Nicole Peterson Dear Mr. and Mrs. Milligan, PEC members, and adjacent property owners: On August 10, 2009, Ramshorn Lodge Condo Association, represented by Fritzlen Pierce Architects, submitted an application to the Town of Vail Community Development Department for a minor amendment to Special Development District No. 17, Ramshorn. The purpose of this minor amendment is to allow for the reduction of Gross Residential Floor Area and changes to the site and landscape plans. 1. DESCRIPTION OF THE REQUEST The applicant, Ramshorn Lodge Condo Association, represented by Fritzlen Pierce Architects, has requested a minor amendment to Special Development District No. 17, Ramshorn, to allow for a reduction of Gross Residential Floor Area and changes to the site and landscape plans, located at 416 Vail Valley Drive. The purpose of the proposed amendment is to make the following changes: • Reduce the amount of Gross Residential Floor Area in Suite 2, in the entrance area from 345 square feet to 145 square feet, resulting in a covered patio instead of an enclosed entry. Maintain the current location of an existing electrical transformer. Add valet parking spaces to the north and south parking lots. Remove trees in order to properly install utilities (Total number of trees to be removed on site is 40, and the total number of trees to be planted is 101). All changes are illustrated on the attached plans, date stamped August 25, 2009, approved by Staff in conjunction with this Minor Amendment. There will be subsequent Design Review applications and approvals required to affect the request found in this proposal. A "minor amendment" is defined as: "Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this Chapter. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district, or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Sections 12-15-4 (Interior Conversions) or 12-15-5 (250 Additional GRFA) of this Title. II. CRITERIA AND FINDINGS A. Section 12-9A-2: Minor Amendment (staff review): modifications to building plans that do not alter the basic intent and character of the approved special development district and are consistent with the design criteria of this Chapter. Staff finds that approval of this minor amendment request does not alter the basic intent and character of Special Development District No. 17, Ramshorn. The proposal meets all the development standards of Special Development District No. 17, Ramshorn, set forth in Ordinance No. 40, Series of 2007, including density, setbacks, height, landscaping, site coverage and parking. There is no change in the total number of condominiums, no addition in the amount of allowable gross residential floor area, and all exterior changes associated with this proposal shall receive Design Review Board review and approval and subsequent Building Permit review and approval for compliance with all standards and requirements. B. Section 12-9A-10: Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 may be approved by the Department of Community Development. Notification of a proposed minor amendment and a report of staff action shall be provided to all property owners within or adjacent to the district that maybe affected by the amendment. Notification shall be postmarked no later than 5 day following staff action on the amendment and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. Notification of the public hearing and a summary of the request has been provided to all adjacent property owners. III. PROCEDURE Section 12-9A-10, Amendment Procedures, Vail Town Code, provides the procedure for a minor amendment to a Special Development District. The procedure is as follows: 12-9A-10: AMENDMENT PROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 (definition of "minor amendment') of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. Based upon review of the criteria and findings in Article 12-9A, Special Development District, Vail Town Code, staff finds the above-referenced amendment to Special Development District No. 17, Ramshorn, is approved in accordance with the procedures as identified in Section 12-9A-10, Amendment Procedures, Vail Town Code. Staff's approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, September 14, 2009, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this staff decision for additional review at this hearing. Pursuant to Section 12-9A-10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to contact me at 970- 477-3452. Sincerely, Nicole Peterson, AICP Town Planner Town of Vail Attachment: Approved plans 3 PLANNING AND ENVIRONMENTAL COMMISSION August 24, 2009 1:OOpm MWN OVAIL TO WN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz Sarah Paladino Susie Tjossem Bill Pierce Scott Lindall Rollie Kjesbo No Site Visits MEMBERS ABSENT David Viele 20 minutes A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow an addition, located at 4254 East Columbine Way, Unit 10/1-ot 10, Bighorn Terrace, and setting forth details in regard thereto. (PEC090023) Applicant: Cheryl Post, represented by Rodney Molitor Preferred Home Repair Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-0 CONDITIONS: 1. The variance approval is contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed addition. Nicole Peterson presented an overview of the Staff memorandum. The Applicant's representative, Rodney Molitor, was available for questions. Commissioners voiced there general support for the application, and noted that other similar variances have been granted to other properties in the same development. 45 minutes 2. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the One Willow Bridge Market Place is operating an exterior grill and business transactions in violation of the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PRJ05-0417) Appellant: MOMD, LLC, represented by Robert McNichols Planner: Bill Gibson ACTION: Overturned MOTION: Kjsebo SECOND: Tjossem VOTE: 3-1-2 (Pierce opposed, Kurz and Paladino recused) Commissioners Kurz and Paladino recused themselves from this item due to their working relationship with the appellant. Bill Gibson made a presentation per the Staff memorandum. Page 1 Commissioner Pierce asked why the PA District does not have the outdoor clause of business activity location. Bill Gibson responded that since the primary purpose for the district is to provide hotels, and not other commercial uses, the issue may not have been considered when the district was adopted. There is also the possibility that this requirement was unintentionally left out. Commissioner Pierce asked what other properties would this apply to. Bill Gibson responded with the list of other PA District properties. Bob McNichols, the applicant, said he originally checked with Bill Carlson, the health inspector, but did not realize that he needed to check to see if the grill was allowed by zoning. He stated that this use is part of his allowed use of restaurants. McNichols said that while a conditional use permit was obtained, this does not preclude having the permitted uses. He said this is similar to outdoor dining spaces in other locations. He also noted that the grill is located on their private property and not in the street right-of-way. Dominic Mauriello, representative of the applicant, said that the conditional use permit allows an outdoor dining deck in the PA District. He then passed out the a document that outlines the permitted and conditional use. He said the 10-15% was added to allow more commercial uses in the PA District. He said it is clear that outdoor dining decks are permitted. He then said outdoor dining is a non-chalant as far as the approval process goes. He then said outdoor dining decks could include outdoor grills, just as they include iced tea, utensils, etc. He said the outdoor dining deck with grilling is not a nuisance and the only reason this is an issue is because another business owner complained. The code allows Staff and the PEC to interpret the code and decide what an accessory use or ancillary use. Jim Lamont, president of the Vail Homeowners Association, said that he recalls this debate occurring long ago with Donovan's Bar, which became a nuisance to the community when grilling outdoors. He said Bob McNichols should respond about how he would deal with complaints from the neighbors. He said with the correct attributes of outdoor grilling, it could be ok. However, requiring Bob to cease operations would be tough. He said the underlying issue is odor and smoke. Bill Gibson clarified issues that were addressed by Bob and Dominic. He said the property was developed as a conditional use lodge. He also said that some outdoor dining decks have been treated as conditional use permits, and the most recent outdoor dining deck in Vail Village, the Tap Room, was highly contentious. In addition, parking area is assessed to outdoor dining areas. This is the reason that the Sandbar does not have outdoor dining, because they do not have adequate parking. Bob McNichols said that there are 22 condo owners in the building that have gas connections for outdoor grilling on their own porches, and that this grill was not different than those grills. He also stated that outdoor grilling occurs at their pool patio for parties. He said because of the distance between his building and others the smoke and smell are not an issue. Commissioner Lindall asked what occurs on the inside of the business. Bob McNichols answered that there are six different venues that people can walk through the building to each. He said there are five outdoor seating areas that are available during the summer months. He said the debate is not about whether the grill is good or not, but whether the code allows this type of use. Page 2 Bill Gibson clarified that the restaurant is an accessory use to the lodge, which is a conditional use since the commercial area is between 10-15% of the GRFA. Commissioner Lindall asked if the marketplace could operate without the outdoor grill. Bob McNichols said yes. Commissioner Kjesbo asked if the neighbors had issue with this. Bill Gibson responded no. Kjesbo said that he felt this was incidental to the outdoor dining area. Commissioner Tjossem thanked Staff for bringing this to the PEC's attention. She said the smell of the grill enhances the businesses all the way down the street. She said the grills are seasonal and are accessories to a dining deck. Commissioner Pierce said that if he lived upstairs he would not appreciate the smoke and smell. He said this is an opportunity to see how this works and control the proliferation. He said this could get out of hand based on the decision made today. Commissioner Kjesbo made a motion to overturn Staff's interpretation, and determine that the grill is accessory to the Market Place because of the following characteristics: • The grill is portable. • The grill is located on private property. • The operation of the grill is seasonal. • The Town of Vail has not received complaints about the grill from any adjacent property owners. Commissioner Tjossem seconded the motion. As part of his motion, he noted the findings in the Staff memorandum, but modified the language in the affirmative instead of the negative. Commissioner Pierce suggested the Commission clarify what is meant by no complaints. Commissioner Kjesbo amended his motion to identify the following additional characteristics. • There is only one portable grill. • The subject property is located within the Public Accommodation District which does not require that offices, businesses, and services be operated and conducted entirely within a building through a "Location of Business Activities" regulation similar to other zone districts. Commissioner Tjossem amended her second Commissioner Kjesbo noted that other outdoor grills would need to meet these same characteristics, and if they didn't they could appeal to the Commission as well. The motion was approved 3-1-2, with Pierce opposed, and Kurz and Paladino recused. Bill Gibson asked the Commission if they would like to discuss outdoor grills further as part of the comprehensive zoning update project. The Commission directed Staff to add further discussion of this topic to that project. Page 3 Bob McNichols commented that by making this interpretation the Commission has simply confirmed that uses in the PA District are different than those in Commercial Core 1 and other districts. 60 minutes 3. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to September 14, 2009 MOTION: Kjesbo SECOND: Lindall VOTE: 6-0-0 Rachel Friede presented an overview of the Staff memorandum. She went through each question posed, all related to employee housing regulations in Chapter 12-13, Employee Housing, Vail Town Code. The first topic of discussion was ownership scenarios of employee housing units. Staff asked the Commissioners whether all employee housing units should be permitted to have any ownership scenario. Commissioners Kjesbo and Pierce voiced their concern over adding additional owners to a lot, and stated that in some cases, it was appropriate to tie ownership of an EHU to a dwelling unit. The next topic of discussion was whether to allow separation of EHUs and dwelling units on a site. There was a great deal of discussion about the pros and cons associated with the incentive of an EHU for a separated structure. Several members thought that an EHU separation would be a good incentive so long as they still had to comply with site coverage and landscaping area on the lot. Commissioner Pierce was not supportive of the incentive because it would significantly effect bulk and mass on properties. He felt that all homes in Vail should be required to have an EHU. The next topic of discussion was standardization of incentives for EHUs, including GRFA bonus, landscaping reduction and site coverage bonus. Rachel Friede gave several examples of inequities in the incentives given to EHUs based on zoning and lot size. Commissioner Tjossem asked about the ideal size of an EHU. She believed it was 700 square feet. Nina Timm stated that the studio is a minimum of 438 sq ft for Commercial Linkage mitigation. Commissioner Tjossem inquired as to increasing the GRFA incentive. Commissioner Kurz inquired as to eliminating RETT and Construction Use Tax. Nina Timm explained that if a price appreciation cap was imposed in the deed restriction, both RETT and Construction Use Tax would be eliminated. Commissioner Pierce believed that to increase the livability of EHUS more incentives should be considered. For example increasing the GRFA credit to at least 800 square feet. He suggested reducing the parking requirement for EHUs. Warren Campbell noted that parking increases livability. Commissioner Lindall stated that 800 square feet and one required parking space would probably generate a great number of EHUs The Commissioners were generally concerned about giving a site coverage bonus for having any amount of EHUs in the LDMF and MDMF Districts, because it could potentially allow too much square footage of site coverage for too few EHUs. The Commissioners suggested adding LDMF and MDMF Districts to required districts for inclusionary zoning and commercial linkage. Rachel Friede then presented the discussion item of elimination of the ten types of EHUs. Staff suggested that the ten EHU types be eliminated and the requirements of each type of EHU be put in each individual zone district chapter. Commissioner Kurz believes that the goal is noble, Page 4 but was concerned about the loss of information. Commissioner Pierce stated that it would be great to minimize the use of the table since it is confusing. Commissioner Paladino suggested a reduction in categories, for instance from 10 to 6. Commissioner Kjesbo had several question regarding what the current strategy and regulations are for the unoccupied on Forrest Road and Beaver Dam Road. Nina Timm responded by clarifying the current regulations. Commissioner Kjesbo added that walling of the garages for an EHU is not appropriate. He also stated that caretaker units should be allowed a connection into the main dwelling unit, since walking outside to get to the main unit is unacceptable. 5 minutes 4. A 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 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Table to September 14, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 5 minutes 5. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 28, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 5 minutes 6. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to September 14, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 5 minutes 7. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H- 2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, and conference facilities and meeting rooms on the basement or garden level, multi-family dwelling units, accommodation units and conference facilities and meetings rooms on the first floor or street level, and a fractional fee club on the second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Withdrawn Page 5 8. Approval of August 10, 2009 minutes MOTION: Kjesbo SECOND: Lindall 9. Information Update 10. Adjournment MOTION: Kjesbo SECOND: Kurz VOTE: 5-1-0 (Kurz recused) VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 21, 2009, in the Vail Daily. 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