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HomeMy WebLinkAbout2011-0110 PECPLANNING AND ENVIRONMENTAL COMMISSION January 10, 2011 1:OOpm TOWN OVAIL TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Site Visits: 1. Lapin Residence — 212 and 232 West Meadow Drive 30 minutes 1. A request for the review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting forth details in regards thereto. (PEC100054) Applicant: Mery Lapin, represented by Hans Berglund, Berglund Architects Planner: Rachel Dimond 30 minutes 2. A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 3. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District to Lionshead Mixed Use 2 District, located at 953 (Vail Professional Building) and 1031 (Cascade Crossing) South Frontage Road West / Unplatted and a zoning of portions of South Frontage Road West street right -of -way to Lionshead Mixed Use 2 District, located at South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 4. A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 5. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14- 10 -5H, Building Materials and Design, Vail Town Code, to amend regulations for solar panels, and setting forth details in regard thereto. (PEC100055) Applicant: Town of Vail Page 1 Planner: Rachel Dimond 45 minutes 6. A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. (PEC100050) Applicant: Town of Vail Planner: George Ruther /Rachel Dimond 5 minutes 7. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to amend Section 11 -7 -15, Public Parking and Loading Signs for Private Property, to allow signs for public parking on private property, and setting forth details in regard thereto. (PEC100056) Applicant: Solaris Property Owner, represented by Michael Suman Planner: Bill Gibson ACTION: Table to January 24, 2010 5 minutes 8. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail' (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 24, 2010 5 minutes 9. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 24, 2010 5 minutes 10. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail' (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 24, 2010 Page 2 5 minutes 11. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to February 14, 2011 5 minutes 12. A request for review of a variance, pursuant to Chapter 14 -1 -5, Variances, Vail Town Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels within two feet of a roof ridge and eave and extending higher than the ridgeline, located at 4918 Meadow Drive, Unit A /Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Laurent Meillon Planner: Rachel Dimond ACTION: Table to January 24, 2011 13. Approval of December 15, 2010 minutes 14. Information Update 15. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 7, 2011, in the Vail Daily. Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for the review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting forth details in regards thereto. (PEC100054) Applicant: Mery Lapin, represented by Hans Berglund, Berglund Architects Planner: Rachel Dimond SUMMARY The applicant, Mery Lapin, represented by Hans Berglund of Berglund Architects, is requesting a review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting forth details in regards thereto. The purpose of the proposed final plat is to move the property line between Lots 6 and 7 to increase the size of Lot 7. Staff recommends the Planning and Environmental Commission approves, with conditions, the proposed final plat subject to the findings and criteria outlined in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Mery Lapin, owns both subject properties Lots 6 and 7, Vail Village Filing 2. Currently, there is one single family home on each lot. The applicant is requesting the review of a final plat that moves the property line between Lots 6 and 7, resulting in Lot 7 becoming 6,752 square feet larger. The proposed final plat will result in both lots remaining in compliance with the Town of Vail zoning regulations. A vicinity map (Attachment A), the proposed final plat (Attachment B) and an exhibit showing existing conditions (Attachment C) are attached for review. III. BACKGROUND The subject properties were part of the original Town of Vail, which was established by election on August 23, 1966. The applicant, Mr. Lapin, approached Town Staff in early 2010 to discuss the possibility of constructing one duplex on a development site comprised of both Lots 6 and 7, Vail Village Filing 2. Staff determined that a development site could be established from the two lots without a subdivision application. On September 27, 2010 the Planning and Environmental Commission upheld Staff's determination. The Town Council subsequently overturned the Commission's determination at the request of the Town Attorney. The applicant has since changed course and submitted the subject plat for review. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART): ARTICLE 12 -6D: TWO - FAMILY PRIMARY /SECONDARY RESIDENTIAL (PS) DISTRICT 12 -6D -1: PURPOSE: The two - family primary /secondary residential district is intended to provide sites for single - family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12 -6D -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. TITLE 13. VAIL TOWN CODE: SUBDIVISION REGULATIONS (IN PART): 13 -2 -2 DEFINITIONS EXEMPTION PLAT. The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13 -12 EXEMPTION PLAT REVIEW PROCEDURES 13 -12 -1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13 -12 -2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats ", as defined in section 13 -2 -2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13 -12 -3: PLAT PROCEDURE AND CRITERIA FOR REVIEW. C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13 -3 -4 of this title. V W VII SURROUNDING LAND USES AND ZONING SITE ANALYSIS The following is a zoning analysis of Lots 6 and 7, Vail Village Filing 2: Legal Address Lot 6 & 7, Vail Village Filing 2 Physical Address 212 and 232 West Meadow Drive Zoning Two Family Primary /Secondary (PS)District Land Use Designation Medium Density Residential Current Land Use Residential Development Current Land Use Land Use Designation Zone District North Hospital Transition Area General Use South Gore Creek Ski Base Natural Area Preservation East Residential Medium Density Residential Two - Family Primary /Secondary West Residential Medium Density Residential Two - Family Primary /Secondary SITE ANALYSIS The following is a zoning analysis of Lots 6 and 7, Vail Village Filing 2: Legal Address Lot 6 & 7, Vail Village Filing 2 Physical Address 212 and 232 West Meadow Drive Zoning Two Family Primary /Secondary (PS)District Land Use Designation Medium Density Residential Current Land Use Residential Development Allowed /Required Proposed Change from Standard existing to proposed Lot Area: Lot 6 15,000 sq ft min 19,340 sq ft -6,752 sq ft (- 25.8 %) Lot 7 15,000 sq ft min 29,272 sq ft +6,752 sq ft ( +30 %) Site Dimension: Lot 6 80 ft x 80 ft min 80 x 80 N/A Lot 7 80 ft x 80 ft min >80 x 80 N/A Frontage: Lot 6 30 ft min 85 ft -35 ft ( -29 %) Lot 7 30 ft min 142.5 ft +35 ft ( +32.5 %) GRFA: Lot 6 7,942 sq ft 7,064 sq ft -878 sq ft ( -11 %) Lot 7 7,478 sq ft 8,355 sq ft +877 sq ft ( +11.7 %) Site Coverage: 20% of lot size Lot 6 5,218 sq ft 3,868 sq ft -1,350 sq ft ( -25 %) Lot 7 4,504 sq ft 5,854 sq ft +1,350 sq ft ( +30 %) Landscaping: 60% of lot size Lot 6 15,655 sq ft 11,604 sq ft -4,051 sq ft ( -25 %) Lot 7 13,512 sq ft 17,563.2 sq ft +4,051 sq ft ( +30 %) APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that subdivisions promote the health, safety and welfare of the community. The criteria for reviewing a proposed final plat shall be as outlined in Section 13 -4 -4, Vail Town Code, as follows: 3 (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; The Vail Land Use Plan is applicable to this request. The Vail Land Use Plan identifies the properties proposed as "medium density residential ", and this does not change with the proposed plat. Staff finds the proposed exemption plat is in compliance with the Vail Land Use Plan, which states the following: "The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreational facilities, private parking facilities and institutional /public uses such as parks and open space, churches, and fire stations." (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; Staff finds the proposed subdivision complies with all standards of the Zoning Regulations. The existing Lot 6 driveway is partially located on the proposed Lot 7, so Staff is recommending a condition of approval requiring the applicant to address this issue by relocating the driveway or granting an access easement for Lot 6 on Lot 7. Staff also recommends a condition of approval requiring the existing deck encroachments into the Gore Creek stream setback area and the adjacent Town of Vail owned stream tract property be removed prior to recording the proposed final plat. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Staff believes the proposed final plat continues to present a harmonious, convenient, workable relationship among land uses consistent with the Town's development objectives. The proposed final plat shifts 6,752 square feet from Lot 6 to Lot 7. Development potential shifts from one lot to the other, but does not increase the total amount of allowable GRFA. The proposed lots conform to the required minimum lot size and are harmonious with the overall lot layout along the south side of West Meadow Drive. The following table compares the existing lots along West Meadow Drive to the proposed Lots 6 and 7: Lot # Lot Size Allowable Average 21,044 7,285 (sq ft) GRFA(sq ft) 1 22,476 7,472 2 17,554 6,832 3 16,117 6,645 5 23,696 7,630 6 19,340 7,064 7 29,272 8,355 8 21,605 7,358 9 18,295 6,928 Average 21,044 7,285 (4) The extent of the effects on the future development of the surrounding area; Staff finds that the proposed plat will not negatively affect on the future development of the surrounding area. The proposed lot line shift does not increase total development potential since no new lots are created and density remains the same. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; Staff finds that the proposed final plat does not create spatial patterns that would result in negative effects on public services, facilities or cause a leapfrog pattern of development. The application maintains two lots in a platted and developed neighborhood that does not change the existing overall spatial patterns. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under -sized lines; Staff finds that utilities will not be affected by the proposed plat, as no additional units will be permitted over what is currently allowed. Utilities are currently in place to serve these two lots, and the lot line shift will not substantially affect utility loads. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; Staff finds that the proposed final plat continues to provide for orderly growth and will serve the best interests of the community. The proposed plat will not allow additional GRFA, but will move allowable GRFA from one lot to another. The existing lot sizes on this block range from 16,117 square feet to 23,696 square feet. The proposed Lot 7, which is increasing approximately 25 %, would be the largest lot on this block. A structure on Lot 7 could be 725 square feet larger than the next largest structure allowable on Lot 5. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and, Staff finds that the proposed final plat will result in improved water quality, since the Town of Vail will be granted a five -foot wide drainage easement along the west side of Lot 7 as a result of this plat. This easement will allow for water flow and filtration prior to entering Gore Creek. Should the Planning and Environmental Commission choose to apply the recommended conditions of approval, Staff further finds that the proposed final plat results in beneficial impacts to the natural environment by the applicant removing encroachments from the Gore Creek setback areas and the adjacent Town of Vail owned Gore Creek stream tract. (9) Such other factors and criteria as the Commission and /or Council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with a condition, the applicant's request for the review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting details in regards thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission pass the following motion: "Based upon the review of the criteria outlined in Section VII of the January 10, 2011 Staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission approves, with conditions, the applicant's request for a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting details in regards thereto." Should the Planning and Environmental Commission choose to approve the proposed final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance with the criteria listed in Sub- section 13 -3 -4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission applies the following condition(s): 1) Prior to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing 2, the applicant shall either relocate the existing Lot 6 driveway entirely within the new Lot 6 property boundaries or the applicant shall grant Lot 6 an access easement across Lot 7 for the existing Lot 6 driveway. Should the applicant choose to relocate the existing Lot 6 driveway, the applicant must obtain Town of Vail design review approval prior to construction. 2) Prior to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing 2, the applicant shall remove all existing Lot 7 deck encroachments from the Gore Creek stream setback area and the adjacent Town of Vail owned Gore Creek stream tract." IX. ATTACHMENTS A. Vicinity Map B. Proposed Final Plat C. 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A,eldm4xe PLS3�9Q2 caoaado ProTenlmwllda siQaa 20 0 10 20 ao 80 Archibeque Lend COnsultin& Ltd — ProemimW Land Smve3 ft k Mopping — I INCH = 20 FEET IN Oaaw adult sous S- PAK am 96x1 EASK cob'sos um MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061 and PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell SUMMARY The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendmentto Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and is requesting a recommendation to the Vail Town Council to rezone Parcels 1 and 2, Ever Vail Subdivision, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Lionshead Mixed Use 2 District. The request to remove Development Area D (Glen Lyon Office Building) from SDD No. 4 is necessary to allow the lot to be combined with the former Amoco /BP gas station site, Cascade Crossing, the Vail Professional Building, the Holy Cross Lot, the Vail Resorts Maintenance Yard, and portions of South Frontage Road West right -of -way which is to be abandoned. The assemblage of these sites listed above will permit the applicant to establish two new parcels within a new subdivision, thus creating a development site for Ever Vail. The requested rezoning shall not become effective, if approved, without the approval of the major amendment to the SDD and the recording of the Ever Vail Subdivision Final Plat. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the request for a major amendment to Special Development District (SDD) No. 4, Cascade Village, and a recommendation of approval with conditions, for the zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2, Ever Vail Subdivision. Staff's recommendations are based upon the review of the established criteria provided in Sections VIII and IX of this memorandum and the evidence and testimony which was received. II. DESCRIPTION OF THE REQUEST Special Development District Amendment The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to SDD No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to remove Development Area D, Glen Lyon Office Building (GLOB) from the SDD. The removal of the GLOB property from SDD No. 4 facilitates its incorporation into the proposed Ever Vail development site. A vicinity map (Attachment A) and a draft amending ordinance are attached for reference (Attachment B). Zone District Boundary Amendment The applicant is also requesting a zone district boundary amendment to amend the Official Zoning Map of the Town of Vail whereby multiple properties combined into Parcels 1 and 2 of the proposed Ever Vail Subdivision would be zoned Lionshead Mixed Use 2 District. If approved, this rezoning of Parcels 1 and 2 shall occur only after recording of the Ever Vail Subdivision Final Plat. Copies of a site plan depicting the proposed Ever Vail Subdivision and the existing zoning on the parcels (Attachment C) and the proposed Lionshead Mixed Use 2 District zoning (Attachment D) are attached for reference. The applicant's application document entitled "Ever Vail" dated revised December 21, 2010 (Attachment E) is attached for review. III. BACKGROUND • The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. • The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites were annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. • On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead ". • On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area know as Ever Vail. • On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6 -0 -0. This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5 -1 -0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4 -0 -1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4 -3 -0, with Foley, Hitt and Rogers dissenting. On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5 -0 -1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5 -1 -0 (Foley opposed). On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the 1 -70 right -of -way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Planning 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. Rezoning /Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Town Council: The Town Council is responsible for final approval /denial of a zoning /rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) Chapter 2 — Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications fornew development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 — Recommendations — Overall study Area (in part) 4.1.5 West Lionshead - Residential /Mixed -Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally underutilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year -round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north -south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north -south building orientation maybe difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst fora structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in -town transit system. Chapter 5 — Detailed Plan Recommendations (in part) 5.17 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. 5.17.1 South Frontage Road Improvements and VehicularAccess Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4 -9a, and 4 -9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground orbe hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard /Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location fora base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A strong east - west oriented pedestrian corridor with ground f/oorretail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the sites. Possible opportunities for improvements may include, an improved mass transit stop, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. b. Frontage Road Realignment The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard /Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard /Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing waterfeature. Enhancements might include; streambankstabilization /beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitiat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east - west oriented pedestrian corridor with ground floorretail uses would be necessary to create a strong connection between this area and the rest of Lionshead. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. 5.17.2 Pedestrian and Bike Access As compared to a separate, free - standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. 5.17.3 Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year- round. One way this can be accomplished is the reinforcement of a well - crafted program of specialty retailers, offices, and restaurants that attract both tourists and local residents. Also, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. An active program of public art, residential units that are used for "artists in residence" or a culinary school are examples of uses that could create a catalyst for activity. In conjunction with any application to develop a new ski lift, a market study which analyzes the appropriate amount of office /retail square footage shall be included in the redevelopment of West Lionshead. 5.17.4 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. 5.17.5 Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in West Lionshead and the extent to which they influence the quality of the experience of passers -by, all future development of the sites should be closely scrutinized for compliance with the applicable architectural design guidelines. For properties that are east of Red Sandstone Creek, in West Lionshead, higher densities and building heights may be appropriate, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of this master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually "step down" at the creek sides. Building height and massing shall also "step down" towards the Interstate, and at the western end of Lionshead. Figure 5 -25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5 -25. Notwithstanding the height allowances depicted on Figure 5 -25, which depicts building height in an east/ west orientation, building height and massing shall also "step down" in a north/ south orientation. Notwithstanding the height allowances depicted on Figure 5 -25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area, building design shall be articulated to avoid large expanses of shear /unbroken wall planes. 5.17.6 Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 5.17.6.1 Height Building heights shall be consistent with Figure 5 -25, West Lionshead Building Massing and Height Limitations. Notwithstanding the height limitations set forth in Figure 5 -25, the maximum height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet. 5.17.6.2 Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three -story building with 10,829 square feet of general office space and a surface parking lot. Because of the site's physical location along Gore Creek, it's accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski -lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of `Live Beds' in Lionshead. Residential density on the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement orgarden level and second floor and above in buildings on -site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. 5.17.6.3 Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10, 829 square feet of office space shall be replaced and increased on -site. 5.17.6.4 Employee Housing All (100 %) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on -site. 5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 10 The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision - making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year -round tourism. 2.5 The community should improve non -skier recreational options to improve year -round tourism. 11 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night -time businesses, on -going events and sanctioned "street happenings" should be encouraged. 4. Village Core/ Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 12 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. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Zoning Regulations Chapter 12 -71: Lionshead Mixed Use 2 (LMU -2) District (in part) 12 -71 -1: PURPOSE: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment masterplan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -71 -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement orgarden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. 13 Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Conference facilities and meeting rooms. Electronics sales and repair shops. Liquor stores. Lodges and accommodation units. Major arcades. Multiple- family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -7I -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. 14 Lodges and accommodation units. Multiple- family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -7I -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure: Employee housing units, as further regulated by chapter 13 of this title. Lodges and accommodation units. Multiple- family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -7I -5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Brewpubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. 15 Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12 -3 -4 of this title. (Ord. 12(2008) § 18) 12 -71 -6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple- family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -71 -9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. 12- 71 -10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build -to line. 12- 71 -11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. 12- 71 -12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33 %) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whicheveris greatershall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit ", as defined herein, shall be counted as twenty five percent (25 %) of a 16 dwelling unit for the purpose of calculating density. A dwelling unit in a multiple - family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. 12- 71 -13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33 %) over the existing GRFA found on the property, whicheveris greater. Multiple - family dwelling units in this zone district shall not be entitled to additional gross residential floor area undersection 12 -15 -5, "Additional Gross Residential FloorArea (250 Ordinance) of this title. 12- 71 -14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70 %) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. 12- 71 -15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20 %) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. 12- 71 -16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one -half (112) the required parking shall be located within the main building or buildings. 12- 71 -18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 17 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70 %) Landscaping: 63,789.3 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70 %) Landscaping: 46,130 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations 18 VII VIII SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Stream Tract Natural Area Preservation District East: Utility /Mixed Use General Use /Lionshead Mixed Use 2 Districts West: Mixed Use SDD No. 4. Cascade Village SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW CRITERIA 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. This application is somewhat unique in that the applicant is requesting that a portion of an established SDD be removed to become part of a proposed development site separate from the current SDD. Staff has performed a review of these criteria based upon the potential impacts to the remaining SDD as follows: 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. As is identified under Section III, Background, of this memorandum the Town's adopted processes for amending the Vail Land use Plan and the Lionshead Redevelopment Master Plan were followed to lay the framework for the inclusion of the GLOB in the overall planning being undertaken with regard to the proposed Ever Vail project. The inclusion of the GLOB within the Lionshead Redevelopment Master Plan and thus a change in the land use designation, acknowledged the influence that the previous expansion of the Lionshead Redevelopment Master Plan boundaries would have on the GLOB site. The recommendations included in the Master Plan imposed development standards to ensure that the scale, bulk, and mass that are desired will be achieved. Future development on the GLOB site will be required to comply with Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District. The request to remove Development Area D from SDD No. 4, Cascade Village, will not have any negative effect on the remaining portions of the SDD. SDD No. 4, Cascade Village, was adopted with multiple development areas which resulted in the desired development within each which include but are not limited to, a hotel, single - family and duplex residential, multi - family residential, and an office building. Each development area in the SDD was granted specific development potential which was to be used within that area and not to be transferred. If approved, this amendment to SDD No. 4 would only occur in conjunction with the recording of the proposed Ever Vail Subdivision Final Plat. Staff believes the proposed amendments comply with this criterion. 19 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As discussed under Criterion A, the Town's adopted processes for including the GLOB within the Lionshead Redevelopment Master Plan were followed to establish the appropriate development standards to ensure a development outcome on the site which would be compatible, efficient, and workable with the surrounding uses and activities. The inclusion of the GLOB within the Master Plan and now within the proposal for the overall Ever Vail project will result in a comprehensive redevelopment for the western edge of Lionshead. The physical separation of the GLOB site from the remainder of the SDD caused by Gore Creek and steep grades has resulted in the current development on the site being somewhat isolated. Removal of the site from the SDD and inclusion in the proposed Ever Vail project will result in better planning and redevelopment of the site as it will become a part of the whole. 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. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted parking and loading requirements as required under the Major Exterior Alteration review process. Staff believes that the application complies with this criterion at this time. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Amendments already made to the Vail Land Use Plan and the Lionshead Redevelopment Master Plan established the development standards by which redevelopment on the GLOB site will be reviewed. The portion of the Ever Vail Subdivision that is occupied by the GLOB site will have to comply with Section 5.17.6, Redevelopment Considerations for Glen Lyon Office Building Site, Lionshead Redevelopment Master Plan. Within these site specific recommendations and standards a maximum height of 56 feet is permitted on the site, the 10,829 square feet of office space and all required employee housing units are to be replaced on -site. It is anticipated that the specific development application for the Ever Vail project will comply with these recommendations and standards. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive Plan, specifically the Lionshead Redevelopment Master 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 Ever Vail 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 NA produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The application does not include a specific development proposal at this time. Any future development proposals will be required to comply fully with the Town's adopted site coverage and landscaping requirements and will be reviewed for sensitivity to natural features. 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. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted transit plan recommendations and requirements and Town of Vail comments regarding pedestrian and vehicular circulation. Staff believes the proposal complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this conjuncture. All future development proposals will be required to comply fully with the Town's adopted site coverage, landscaping requirements. Compliance with the site coverage and landscaping requirements and the review of individual major exterior alteration applications will result in site plan and building designs which are responsive and sensitive to natural features. Town Staff has discussed with the applicant the need to propose amendments to the Lionshead Redevelopment Master Plan to establish adopted view corridors. Additionally, the intent of the applicant is to enhance the recreation opportunities associated with Red Sandstone Creek and Gore Creek through improvements and the proposed establishment of a conservation easement. Staff believes the proposal complies with this criterion. Phasing plan or subdivision plan that will maintain a workable, functional and 21 efficient relationship throughout the development of the special development district. The applicant is proposing to remove the GLOB from SDD No. 4, Cascade Village, and therefore this criterion will not longer apply. IX. ZONE DISTRICT BOUNDARY REVIEW CRITERIA Amendment to the Official Zoning Map of the Town of Vail (rezoning) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12 -3 -7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12 -3 -7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone Parcels 1 and 2 as depicted on the Ever Vail Subdivision preliminary plan, to Lionshead Mixed Use 2 District. According to Section 12 -3 -7C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties within the Ever Vail Subdivision began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead'. In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The proposed rezoning of two new parcels created by the Ever Vail Subdivision is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the Master Plan amendments. Staff has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan in Section V in whole. With regard to the Vail Land Use Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: 22 • allow the Town to "continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitorand the permanent resident" by establishing the zone district necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; • protect the "environment including air, water and other natural resources. through the a proposed open space easement and establishment of a larger development plan which is striving for LEED certification; • improve the "quality of development" and become "upgraded" from the light industrial nature of the properties as the snow cat maintenance yard and surface parking are proposed to become subterranean; • redevelop the "Commercial strip development "which is not to be perpetuated and "should be avoided" as Cascade Crossing and the Vail Professional Building will become a part of the new mixed -used development; • "accommodate" redevelopment "in existing developed areas (infill areas) "; • protect the "stream tract" as it is a "desirable land feature" which should be available for "public use'; by establishing an open space easement over the extents of Red Sandstone Creek; • "emphasize" the Town's role "as a destination resort while accommodating day visitors "by providing a hotel, differing types of residential, and a gondola with associated parking; • create partnership opportunities "to make existing facilities and the Town function more efficiently" by establishing a more efficient frontage road design incorporating a round -about and the frame work for the eventual construction of a Simba Run underpass; • create opportunities to "improve non- skierrecreational options "by including opportunities for activities on Red Sandstone Creek and the creation of a space for the Vail Recreation District which is proposed to include an indoor rock climbing wall; • create an opportunity to address "Day skierneeds forparking and access "by constructing parking to service the new gondola and the various land uses on the site which could be utilized to provide flexibility in their availability; • provide the opportunity to construct new "hotels to serve the future needs of destination skiers'; • allow for "Commercial growth... concentrated in existing commercial areas to accommodate both local and visitor needs" • allow for the opportunity to provide "Entertainment oriented business and cultural activities... night -time businesses, on -going events and sanctioned "street happenings"; and 23 allow for "Affordable employee housing... through private efforts... with appropriate restrictions" to be incorporated into the development through adopted requirements With regard to the policy objectives of the Lionshead Redevelopment Master Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: • result redevelopment that is a " warmer, more vibrant environment for guests and residents "with an "appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character'; • "enhance guest experience and community interaction through expanded and additional activities and amenities'; • result in "improved occupancy rates and the creation of additional bed base ( "live beds "or "warm beds) through newlodging products "by including "live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental'; • allow for improved "pedestrian, vehicular, bicycle and mass transit traffic'; through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop -off; • allow for upgraded infrastructure "to support redevelopment and revitalization efforts and to meet the service expectations of ourguests and residents'; and • allow for "Financially creative and fiscally realistic strategies" to raise "adequate capital ... to fund desired private and public improvements ", by the implementation of a Tax Increment Financing District for projects such as Simba Run The requested rezoning in conjunction with the adoption of the proposed Ever Vail Final Plat will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. Staff believes the proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Lionshead Mixed Use 2 District establishes zoning that is consistent with both existing and proposed uses on the subject properties. Currently, the Ever Vail area contains industrial uses, a public utility, commercial, and office. The Ever Vail project would be adjacent to the water treatment plant which is zoned General Use District and properties to the east which are zoned Lionshead Mixed Use 1 District. Staff believes that the permitted and conditional uses listed within the Lionshead Mixed Use 2 District are suitable uses to be adjacent to the remaining properties. The listed land uses and development regulations for Lionshead Mixed Use 2 District are found in Section IV of this memorandum. 24 If rezoned to Lionshead Mixed Use 2 District the parcels within Ever Vail will be a mixed use development. The mix of uses contains a combination of retail /commercial, office, dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. Future major exterior alteration applications will be required to comply with these requirements and conform closely to the recommendations. The Eagle River Water and Sanitation District has requested that provisions should be undertaken to reduce the possibility for future owners of property in Ever Vail to voice concern or file law suits with regard to any potential negative impacts of their land use function. Staff is in agreement with this concern. This letter is attached for reference (Attachment F). Staff believes the Lionshead Mixed Use 2 District is compatible with the adjacent General Use and Lionshead Mixed Use 1 District. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Lionshead Mixed Use 2 District is consistent with the adjacent zone districts. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead Redevelopment Master Plan. The detailed plan recommendations contained within the Lionshead Redevelopment Master Plan will result in the specific development plans for the site being reviewed for pedestrian and vehicular connectivity and efficiency and provision of public transportation facilities. The design forthe relocated South Frontage Road West has been thoroughly reviewed and by Staff, the Planning and Environmental Commission, and the Town Council to ensure a design which will address the Vail Transportation Master Plan recommendations for a future Simba Run underpass. The Simba Run underpass has been identified in the Vail Transportation Master Plan as a transportation improvement that will be necessary in the future to address the Town's overall transit system as demand increases. The proposed Lionshead Mixed Use 2 District zoning has a minimum requirement for 10 -foot setbacks from property lines. Staff has expressed concern on several occasions to the applicant that additional setback may be necessary to provide adequate landscape area to allow plant species to grow to maturity and provide a visual buffer. The applicant has acknowledged this concern which will be addressed in conjunction with any site specific development proposal. It is anticipated that the Ever Vail redevelopment will incorporate a metropolitan district to address maintenance and operation costs within the Ever Vail development. The creation of this entity will result in minimal fiscal impacts to the Town for maintenance of streets, heated pedestrian ways, landscaping, etc. The Town of Vail will largely be left with the cost of maintaining the relocated South Frontage Road West with regarding to plowing, signs, and landscaping 25 Staff believes that the proposed rezoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. 4. The extent to which the zone district amendment provides forthe growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed rezoning and development plan provide forthe development of an orderly viable community consistent with the Town's development interests as expressed in the Lionshead Redevelopment Master Plan. The purpose of the Lionshead Mixed Use 2 District is, in part, "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares"; "to provide economic incentives for properties to redevelop ", and "to create an economically vibrant lodging, housing and commercial core area." Rezoning the subject property to Lionshead Mixed Use 2 District will allow for the redevelopment of the Ever Vail parcels consistent with the recommendations found in the Master Plan for the Ever Vail site. On November 16, 2010, Economic and Planning Systems, Inc., consultantto the Town, gave a presentation to the Vail Town Council with regard to their findings on the fiscal and economic impacts of Ever Vail. The study concluded that there was a net positive effect on both the fiscal and economic impacts created by the Ever Vail project. These findings were largely the result of the inclusion of a hotel in excess of 100 rooms within the project and the establishment of a metropolitan district to maintain and operate many components of the Ever Vail project. The report supported the reduction in commercial within the project as the conclusion was that an erosion of dollars spent would occur from the existing villages if more than that which supported the guest staying in Ever Vail was constructed. It is anticipated that the Ever Vail project will include a 14,000 square foot specialty grocery store, a subterranean live music venue, and in excess of 30,000 square feet of retail. The amendments made to the Lionshead Redevelopment Master Plan to incorporate the Vail Professional Building, Cascade Crossing, and the Glen Lyon Office Building went through the Town's adopted review process which is intended to result in orderly growth within the community. The goal of these amendments was to provide a framework for the comprehensive redevelopment of an approximate 12.6 acre site which is the result of the relocation of a portion of the South Frontage Road West. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to 99 water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning will change the existing character and uses currently present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted within the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the rezoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Lionshead Redevelopment Master Plan and the submitted Environmental Impact Report, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run -off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed rezoning will not have a negative impact on this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Lionshead Mixed Use 2 District is proposed for the subject property. The proposed zone district amendment is consistent with the intended purpose of that zone district which is in part "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares ", "to provide economic incentives for properties to redevelop ", and "to create an economically vibrant lodging, housing and commercial core area." The proposed zone district will result in the redevelopment of a light industrial area and the new product which will be required to include lodges, hotels, other residential ownership, employee housing, and supporting commercial. Furthermore, the recommendations and requirements of the Lionshead Redevelopment Master Plan will result in no net loss of office space. The rezoning of the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building and the land captured from the abandonment of the South Frontage Road West right -of -way will result in a significant increase in development potential for the site. Of the approximate 12.6 acre Ever Vail site 27 approximately 5.4 acres is currently zoned Lionshead Mixed Use 2 District. The result of the proposed Ever Vail Subdivision and the requested rezoning is approximately 7.2 acres (approximately 3.44 acres is land previously in the right - of -way) of land area will become zoned Lionshead Mixed Use 2 District. The rezoning of approximately 7.2 additional acres results in 252 dwelling units and approximately 685,693 square feet of gross residential floor area. Staff believes this rezoning request complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the properties proposed to comprise Parcels 1 and 2 of the Ever Vail Subdivision, the Town of Vail has undergone an extensive study for the redevelopment of properties within the Lionshead study area boundaries. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted two zone districts; one of which is the Lionshead Mixed Use 2 District. Since the initial adoption of the Lionshead Redevelopment Master Plan there has been a change in the conditions with regard to the properties proposed for inclusion within the Ever Vail Subdivision. Those changes began with the acquisition of multiple properties by a single owner resulting in the ability to propose a more comprehensive redevelopment of this area of Town. It became increasingly feasible to propose the relocation of a portion of the South Frontage Road West to run parallel to the interstate and create a larger contiguous site. If approved, the applicant will be permitted to redevelop Parcels 1 and 2 of the Ever Vail Subdivision in compliance with the Town's goals and objectives. To that end, the Lionshead Redevelopment Master Plan, through the adoption of Resolutions No. 4, Series of 2007 and No.26, Series of 2008, there are clear and specific objectives for development on the properties to be rezoned. These objectives are found in Chapter 5 of the Lionshead Redevelopment Master Plan and included in Section III of this memorandum. 8. Such other factors and criteria as the Commission and /or Council deem applicable to the proposed rezoning. X. STAFF RECOMMENDATION ecial Development District Maior Amendment The Community Development Department recommends 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. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. Staff's recommendation is based W 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 condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VIII of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 4, Cascade Village, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code; and, 2. 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; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following conditions: 'I. Approval of this major amendment to a special development district is contingent upon the applicant obtaining Town of Vail approval of the associated request to amend the zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District. 2. Approval of this major amendment to a special development district shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail N9 Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code. " Zone District Boundary Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section IX of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and, 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its 30 natural environment and its established character as a resort and residential community of the highest quality. " Should the Planning and Environmental Commission choose to recommend approval of this zone district boundary amendment, the Community Development Department recommends the Commission apply the following conditions: "1. Approval of this zone district boundary amendment is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village. 2. Approval of this zone district boundary amendment shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code." XI. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. X, Series of 2011 C. Ever Vail Site Plan Existing Zoning dated January 3, 2011 D. Ever Vail Site Plan Proposed Zoning dated January 3, 2011 E. Ever Vail dated revised December 21, 2010 31 Ever Vail Major Amendment to SDD No. Cascade Village, to Remove Development Area "D" his -P waac dbyte Town) -il GIs Ti., Lke MtXS may` -hwIe be brgenealpuryoresmIY. TMTown Nt9ileves nn wammtNeacwrary mt.inamatlon .—d Feet oh— eanwn,,ameI line way ea 0 250 500 1,000 Las[ Modl(ied. January 10, 2011 7uYi1m'lalG' ORDINANCE NO. X SERIES OF 2011 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, REMOVINF DEVELOPMENT AREA D FROM SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A -10, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; and; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendation for Development Area D within the Lionshead Redevelopment Master Plan, and; WHEREAS, the proposed Ever Vail redevelopment incorporates Development Area D into the overall planning and design for the new base area to Vail Mountain; and; WHEREAS, the Planning and Environmental Commission recommended approval of amendments to SDD No. 4, Cascade Village, on January X, 2011; and; WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re- establish the Special Development District No. 4, Cascade Village, with Development Area D, becoming a part of proposed parcels include within the Ever Vail redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. X, Series of 2011 Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re- enacted by Ordinance No. X, Series of 2011. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12 -9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Special Development District No. 4, resulting in the removal of Development Area D. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose (deletions are shown in stroke thre gW additions are shown in bold) Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 2 Ordinance No. X, Series of 2011 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi - family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13 -7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 3 Ordinance No. X, Series of 2011 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97 955 96.155 acres and Special Development District No. 4 and the 97 955 96.155 acres may be referred to as "SDD No. 4.11 B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary /Secondary and Single Family Lots C 9.100 o,leR n r�Rerr-3; 3 Site D 1$ Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 9 955 96.155 Development Plan -- Required -- Approval Procedure Each development area with the exception of Development Areas A ;;Pd B shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. appFeved by the T-GWR . A development plan for Development Area E shall be established through the review and approval of a design review application and /or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12 -9A, Vail Town Code. Permitted Uses 4 Ordinance No. X, Series of 2011 A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12 -7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi- family dwelling; 5. Single Family dwelling; 6. Primary /Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12 -13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two - family dwelling; 2. Multi- family dwelling. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Single family dwelling; 5 Ordinance No. X, Series of 2011 2. Two - family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12 -13, of the Municipal Code. fl 4ro I, GIon I ainn GAMMPrnial Site L € p'Gyee GlWe lli Rg -as defined- i p S er 'x tien 1_1'2 of the M Ainir al Gede D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall 6 Ordinance No. X, Series of 2011 area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Public park and recreational facilities; 2. Ski lifts; fl 4ro I, GIon I jinn GAMMPrnial Site . M re hrewery as detirRed in Tn�nin of Vail M ininipal GE)de Ghapter 127 D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the 7 Ordinance No. X, Series of 2011 exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, 8 Ordinance No. X, Series of 2011 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. fl 4YOa I, (`_Ion I jinn GGMMPrnial Site �. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 9 Ordinance No. X, Series of 2011 Density -- Dwelling Units, The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty -two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty -five (65) dwelling units C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots One - hundred four (104) dwelling units. fl 4ro D GIon I jinn GAMMPrnial Site Density - -Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty -five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots GRFA shall be calculated for each lot per Section 12 -6D -8 (Density Control) for the Primary /Secondary district of the Vail Town Code. 10 Ordinance No. X, Series of 2011 Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects 11 Ordinance No. X, Series of 2011 Aus DUs GRFA Retail/ Commercial Square Foot On -Site Parking Cascade Structure Parking MILLRACE 1 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7 MILLRACE IV (COSGRIFF) * ** 6 10,450 19 0.00 11 Ordinance No. X, Series of 2011 W E S TI N Aus 148 DUs GRFA 55,457 Retail/ Commercial Square Foot On -Site Parking 0.00 Cascade Structure Parking 115 Alfredo =s TERRACE WING 104 Seats Cafe Rooms 120 58,069 74 Seats 0.00 Little Shop Retail 1,250 0.00 Pepi Sports 2,491 W & H Smith, Vaurnot PLAZA 1 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy =s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater /Meeting Room 2J 1,387 0.00 11.5 12 Ordinance No. X, Series of 2011 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 12 Ordinance No. X, Series of 2011 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 M 27 I 56 PLAZA II 2 1,100 2 Conference 27 47,500 0.00 35 Retail 925 0.00 3 Cascade Club Addition CASCADE CLUB 4.500 22.5 Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CIVIC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 13 Ordinance No. X, Series of 2011 711DE Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4.500 22.5 Plaza Office — 925 7 13 Ordinance No. X, Series of 2011 *Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ** *For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -80.8 TOTALS 288 AU 76 DU (includes 2 EHUS) 239,680 24,598 129 449.9 *Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ** *For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -80.8 Total Required Parking at Build -Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build -Out of Area A With 17.5% mixed -use credit 381.1 Development Plans 14 Ordinance No. X, Series of 2011 Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L -2, dated 11- 12 -92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11- 13 -92, Site /Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11- 13 -92, Plan Level 38/43' 3 ", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11- 13 -92, Plan Level 48'- 6 "/53' -0 ", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11 -13 -92 Plan Level 59'- 0:/64' -3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11 -4 -92, Plan Level 69'- 6 "/74' -9 ", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11- 13 -92, Plan Level 80'- 0 "/85' -3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11- 13 -92, Plan Level 90' -6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11- 13 -92, Plan Level 101' -0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11- 13 -92, Plan Level 111' -6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11- 13 -92, Plan Level 122' -0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12- 14 -92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 15 Ordinance No. X, Series of 2011 13. Waterford, Sheet #3.1, dated 11- 13 -92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11- 13 -92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11 -4 -92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site /Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. Ordinance No. X, Series of 2011 fi[. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter - Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: wg.9 Title Author Date -1.0 Title Sheet Morter Architects 03 -15 -05 -1.1 Vicinity Map Morter Architects 01 -31 -05 -1.2 GRFA Summary Morter Architects 03 -15 -05 -1.3 Spring Equinox Sun Shading Morter Architects 01 -31 -05 -1.4 Summer Solstice Sun Shading Morter Architects 01 -31 -05 -1.5 Fall Equinox Sun Shading Morter Architects 01 -31 -05 -1.6 Winter Solstice Sun Shading Morter Architects 01 -31 -05 -1.7 Site Plan Morter Architects 03 -15 -05 C001 Cover Sheet Alpine Engineering 03 -14 -05 C002 Grading Plan (West Half Alpine Engineering 03 -14 -05 C003 Grading Plan (East Half Alpine Engineering 03 -14 -05 C004 Storm Drainage Plan Alpine Engineering 03 -14 -05 C005 Grading and Drainage Details Alpine Engineering 03 -14 -05 C006 Utility Plan Alpine Engineering 03 -14 -05 C007 Utility Details Alpine Engineering 03 -14 -05 C008 Demolition Plan Alpine Engineering 03 -14 -05 -1 Landscape Plan Dennis Anderson Assoc. 03 -15 -05 -2 Landscape Plan — Cascade Club Dennis Anderson Assoc. 03 -15 -05 17 Ordinance No. X, Series of 2011 A2.0 Parking Level Plan Morter Architects 03 -15 -05 2.1 First Floor Plan Morter Architects 03 -15 -05 2.2 Second Level Plan Morter Architects 03 -15 -05 2.3 Third Level Plan Morter Architects 03 -15 -05 2.4 Fourth Level Plan Morter Architects 03 -15 -05 2.5 Roof Plan Morter Architects 03 -15 -05 3.1 Building A Elevations Morter Architects 03 -15 -05 3.2 Building B Elevations Morter Architects 03 -15 -05 4.0 Building Sections Morter Architects 02 -14 -05 4.1 Building Sections Morter Architects 02 -14 -05 4.2 Building Sections Morter Architects 02 -14 -05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, wg. # Title Author Date -2.20 Second Floor Plan RKD Architects 01 -28 -07 -2.30 Third Floor Plan RKD Architects 01 -28 -07 -2.40 Fourth Floor Plan RKD Architects 01 -28 -07 -2.50 ifth Floor Plan RKD Architects 01 -28 -07 -3.10 East and North Building Elevations RKD Architects 01 -28 -07 -3.20 West and South Building Elevations RKD Architects 01 -28 -07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39 -1 and 39 -2 per sheet, L -1, prepared by Design 18 Ordinance No. X, Series of 2011 Workshop, Inc., dated 11 -9 -98. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure /athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots Required setbacks shall be governed by Section 12 -6D -7 of the Primary /Secondary zone district of the Vail Town Code. For single - family Lots 39 -1 and 19 Ordinance No. X, Series of 2011 39 -2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -half (2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one - fourth (3) the minimum required dimension between buildings. fl 4ro I, GIon I jinn (`nmmornial Site Rona iired co4hanLc sh;;Il be ac the apprr yed deyelnnmon4 plane Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure /Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 20 Ordinance No. X, Series of 2011 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary /Secondary and Single - Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12 -21 of the Vail Municipal Code apply. II 4re� n _ file mere then '270/ o ;_ 1 tFtt-Gtl ate �re� ell he ne�ieFed by 1961i icing$ -anu ra c- cr�rrv- n-rvr� nun- v� -�v-v thr - crrccr -an-- ac-vvv 21 Ordinance No. X, Series of 2011 . ■ Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12 -21 of the Vail Municipal Code apply. II 4re� n _ file mere then '270/ o ;_ 1 tFtt-Gtl ate �re� ell he ne�ieFed by 1961i icing$ -anu ra c- cr�rrv- n-rvr� nun- v� -�v-v thr - crrccr -an-- ac-vvv 21 Ordinance No. X, Series of 2011 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50 %), and in Areas C ;;Ad D, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off - street parking shall be provided in accordance with Chapter 12 -10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed -use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on -site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short -term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking 22 Ordinance No. X, Series of 2011 structure. 7. Seventy -five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots Off - street parking shall be provided in accordance with Chapter 12 -10 of the Municipal Code. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 23 Ordinance No. X, Series of 2011 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; °ndl ;+ ; ra +o n„+ +„ o :9Gee d Se VeRty fi „o GeR per sq are f of JDeVeIG)pmon4 4ro;; n , and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. I }�,� G. 'A 4rea D a manhnIo nn the brewery service li re- sh be Provided se that the U pper Eagle Valley (`nncnlirl�4or! Q7A I,iStriGt magi mnni4nr R(lfl StrEaRgth v�� �c�r�.. v arc� v vrrvvrrcracca�unrccrc�vnvracnvrn��rrvnrcrn� v� acrcncJcn . H-.G. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. �. H. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J-1. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A a+x-1 -B. 24 Ordinance No. X, Series of 2011 Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 25 Ordinance No. X, Series of 2011 Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A ;;Ad D shall provide employee housing. In o�n the ;;h referennerl eFnPle fee h i icinrr re`vi firemen+ shall be preyided nn si +e For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area - D chill hi iilr! 2 empIGYee rlWelliRg i ini in +he 4re� fl e�c+ i ini+ shell heie a minima im (`RF of 900 sq iare fee+ The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39 -1 and 39 -2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12 -13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be 26 Ordinance No. X, Series of 2011 entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed /required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12 -9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore 27 Ordinance No. X, Series of 2011 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this X day of January, 2011, and a public hearing for second reading of this Ordinance set for the X day of February, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 28 Ordinance No. X, Series of 2011 �P / P 1 -70 R.O.W. / CENTER LINE P 100 -YEAR FLOOD PLAIN V � v / Lv 02 � 'o. / I � I I / / ELECTRICAL EASEMENT (BOOK 561 PAGE 191) \ (TO BE VACATED) UNPLATTED / \ (RECEPTION No. 925920) \ \ PARCEL 2 5.295 ACRES 1NPLATTED EEPTION No. 925920) (APPROXIMATE) FOLLOWING 100 -YEAR FLOOD PLAIN SUBJECT TO SEPARATE RECORDED DOCUMENT I l (CROSS HATCHED AREA) l 0:� GE RG P� F FZ O PR Es> S ovjN `R 0 W v PCP�EO� X1 0 BE i / U 1 -70 R.O.W. > PARCEL 26B Q Ld I (REC. No. 105843 LLJ ° w a AND 105844) z 0.304 ACRES O I Y O U) O TRACT A ° °° N 1.235 ACRES Q 0 (RECEPTION No. 743424) (n ° OPEN SPACE EASEMENT W / / ELECTRICAL EASEMENT (BOOK 561 PAGE 191) \ (TO BE VACATED) UNPLATTED / \ (RECEPTION No. 925920) \ \ PARCEL 2 5.295 ACRES 1NPLATTED EEPTION No. 925920) (APPROXIMATE) FOLLOWING 100 -YEAR FLOOD PLAIN SUBJECT TO SEPARATE RECORDED DOCUMENT I l (CROSS HATCHED AREA) l 0:� GE RG P� F FZ O PR Es> S ovjN `R 0 W v PCP�EO� X1 0 BE i �P / P 1 -70 R.O.W. / CENTER LINE P 100 -YEAR FLOOD PLAIN V � v / Lv 02 � 'o. / I � I I / / ELECTRICAL EASEMENT (BOOK 561 PAGE 191) \ (TO BE VACATED) UNPLATTED / \ (RECEPTION No. 925920) \ \ PARCEL 2 5.295 ACRES 1NPLATTED EEPTION No. 925920) (APPROXIMATE) FOLLOWING 100 -YEAR FLOOD PLAIN SUBJECT TO SEPARATE RECORDED DOCUMENT I l (CROSS HATCHED AREA) l 0:� GE RG P� F FZ O PR Es> S ovjN `R 0 W v PCP�EO� X1 0 BE i / U 1 -70 R.O.W. > PARCEL 26B Q Ld I (REC. No. 105843 LLJ ° w a AND 105844) z 0.304 ACRES O I Y O U) O TRACT A ° °° N 1.235 ACRES Q 0 (RECEPTION No. 743424) (n ° OPEN SPACE EASEMENT W / / ELECTRICAL EASEMENT (BOOK 561 PAGE 191) \ (TO BE VACATED) UNPLATTED / \ (RECEPTION No. 925920) \ \ PARCEL 2 5.295 ACRES 1NPLATTED EEPTION No. 925920) (APPROXIMATE) FOLLOWING 100 -YEAR FLOOD PLAIN SUBJECT TO SEPARATE RECORDED DOCUMENT I l (CROSS HATCHED AREA) l 0:� GE RG P� F FZ O PR Es> S ovjN `R 0 W v PCP�EO� X1 0 BE i # ,.� 1 ..� I EVE 11 RVAI L -� J IL L r r VAI L R ESORTS DEVELOPMENT COMPANY 5I A 5 - .0 J 5 5 .'4 — I -& Original Application March 2007 Re- Submitted December 2008 Revised November 2009 Revised November 2010 Revised December 21, 2010 V lei Mauriello Planning Group Consultant Directory Vail Resorts Development Company 137 Benchmark Road Avon, CO 81620 (ph) 970 - 754 -2544 Tmillerl @vailresorts.com Mauriello Planning Group PO Box 1127 Avon, CO 81620 (ph) 970.748.0920 dominic @mpgvail.com CALLISON 1420 Fifth Avenue #2400 Seattle, WA 98101 -2343 (ph) 206.623.4646 Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 (ph) 970.926.3373 Paladino and Company (ph) 206.522.7600 www.paladinoandco.com AMEC Earth & Environmental 1002 Walnut, Suite 200 Boulder, CO 80302 (ph) 303.443.7839 Thompson and Trautz, LLC PO Box 984 Avon, CO 81620 (ph) 970.949.1413 Kimley -Horn and Associates, Inc 950 Seventeenth Street Suite 1050 Denver, CO 80202 (ph) 303.228.2300 LandWorks Design, Inc. 3457 Ringsby Court Suite 110 Denver, CO 80202 (ph) 303.433.4257 PCL Construction Services, Inc. 2000 South Colorado Blvd. Tower Two - Suite 2 -500 Denver, CO 80222 (ph) 303.365.6500 Peak Land Consultants, Inc. 1000 Lions Ridge Loop Vail, CO 81657 (ph) 970.476.8644 BBC Consulting 3773 Cherry Creek N. Drive, Suite 859 Denver, CO 80209 (ph) 303.321.2547 Ever Vail (Rev. 12.21.10) 2 Table of Contents I. EVER VAIL UPDATE — NOVEMBER 2010 ...................................................................... ..............................4 A . INTRODUCTION ................................................................................................................... ..............................4 B . BACKGROUND .................................................................................................................... ..............................6 C. EXISTING CONDITIONS .......................................................................................................... ..............................9 D. PROPOSED CONDITIONS ...................................................................................................... .............................10 E. EVER VAIL AND LEER CERTIFICATION ..................................................................................... .............................12 II . ZONING ANALYSIS ................................................................................................... .............................13 III. MASTER PLAN REVIEW ............................................................................................ .............................15 A. LIONSHEAD REDEVELOPMENT MASTER PLAN ........................................................................... .............................15 B. COMPREHENSIVE OPEN LANDS PLAN ..................................................................................... .............................28 C. VAIL TRANSPORTATION MASTER PLAN ................................................................................... .............................29 IV . MAJOR SUBDIVISION ............................................................................................... .............................30 A. INTRODUCTION OF THE MAJOR SUBDIVISION REQUEST .............................................................. .............................30 B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION ......................................................................... .............................30 V . REZONING ............................................................................................................... .............................34 A. INTRODUCTION TO THE REZONING REQUEST ............................................................................ .............................34 B. REVIEW CRITERIA FOR A REZONING REQUEST ........................................................................... .............................35 VI. SDD MAJOR AMENDMENT ....................................................................................... .............................38 A. INTRODUCTION TO THE SDD MAJOR AMENDMENT ................................................................... .............................38 B. REVIEW CRITERIA FOR THE SDD MAJOR AMENDMENT .............................................................. .............................38 VII. TEXT AMENDMENT .................................................................................................. .............................41 A. INTRODUCTION TO TEXT AMENDMENT .................................................................................. .............................41 B. REVIEW CRITERIA FOR A TEXT AMENDMENT ........................................................................... .............................43 VIII. CONDITIONAL USE PERMITS .................................................................................... .............................46 A. INTRODUCTION OF THE CONDITIONAL USE PERMITS ................................................................. .............................46 B. REVIEW CRITERIA FOR A CONDITIONAL USE PERMIT .................................................................. .............................46 IX. MAJOR EXTERIOR ALTERATION ................................................................................ .............................49 A. INTRODUCTION TO THE MAJOR EXTERIOR ALTERATION .............................................................. .............................49 B. REVIEW CRITERIA FOR THE MAJOR EXTERIOR ALTERATION .......................................................... .............................49 X . HOUSING PLAN ........................................................................................................ .............................52 XI. ADJACENT ADDRESSES ............................................................................................. .............................57 Ever Vail (Rev. 12.21.10) 3 I. Ever Vail Update — November 2010 A. Introduction Ever Vail, LLC, an affiliate of Vail Resorts Development Company (the Applicant) is providing updated plans and application materials for the Ever Vail project. The Ever Vail project has been in the Town of Vail approval process since 2007, having been reviewed in approximately 35 meetings and hearings with the Town and the community. The review process has positively shaped and re- shaped the project since the original plan submitted three years ago. Many milestones have also been achieved in that process, including the review and approval of the relocated South Frontage Road by CDOT and FHWA. The revised plans provided today reflect the input and comments we have received over the last year and which we believe have crafted a better project overall. The most significant change to the programming is the reduction of the total square footage of commercial retail uses within the project. We heard strongly from the community, the Town Council, and the Town staff that there was concern that the amount of retail being proposed would compete too heavily with the other core retail areas. Your economic and fiscal consultant, EPS, and our economic and fiscal consultant, BBC Research, were also concerned about the viability of the amount of retail area being proposed. We are convinced that reducing the commercial retail area to a level that is necessary to simply serve the population living, staying and parking at Ever Vail is the right approach for this project. There is now enough retail floor area to serve Ever Vail with success and vibrancy, but those staying within Ever Vail will need to seek out other shopping and dining opportunities within the Town to feel commercially satisfied. The following are some of the more significant aspects of the project that have been improved or maintained in the updated design that will add to the success of the project: • Revisions to the Red Sandstone Creek corridor creating a larger open park -like area. We eliminated one of the two pedestrian bridges across Red Sandstone Creek and added a new pedestrian and bicycle bridge across Gore Creek making the project much more accessible to the Gore Creek trail. The Applicant is also proposing to grant a conservation easement for the Red Sandstone Creek to the Town, which today runs across private property, as suggested by the Town's Comprehensive Open Lands Plan; • There is a significant reduction in the building mass based on comments we received from the Planning and Environmental Commission (PEC), eliminating most of the bridges connecting buildings and opening up the pedestrian areas to more light and air; • With the reduction of retail floor area, Market Street has been modified to a pedestrian area with a short segment of residential development at the grade level, complementing the grade level of the Ritz - Carlton Residences across the street, and then leading to the front door of the new RockResorts hotel and into the commercial zone of the Ever Vail project; • A 4 -star RockResorts hotel with 102 hotel rooms will be complemented by the addition of 29 lock -off units within the hotel. There are also an additional 20 lock -offs in the project bringing the number of Ever Vail (Rev. 12.21.10) 4 keys to potentially 342 (hotel rooms + managed dwelling units + lock -offs) and helping to meet Town goals of "warming up" the project as much as possible. The revised transit and bus stop facilities in the project, given the nod by both Town staff and PEC, are capable of accommodating both skier drop -off and bus stop facilities in close proximity to the proposed gondola; • The 400 publicly - available parking spaces beyond the required parking for uses on the site remain in the project. The Town's master plan suggests that the property accommodate public parking in this area. The Applicant took this master plan goal one giant step forward by not only accommodating for the 400 parking spaces, but actually committing to paying for their construction at no financial impact to the Town of Vail. With the required parking to serve retail uses on the property, the proposal includes a total of 665 spaces available to skiers and consumers; • Ever Vail is proposed to contain approximately 67% of the employee housing requirement on -site which is in excess of the Town's requirements; • The relocation of the weekend DEVO program from Golden Peak to Ever Vail remains in the plans, thus reducing the congestion problems encountered along Vail Valley Drive. The 12,000- square -foot recreational facility for the Vail Recreation District's Youth Services includes an 80- foot -tall climbing wall within a glassed structure acting as an iconic element for the project. The project master plan maintains the USGBC Stage One LEED for Neighborhood Development approval with a Platinum designation, the highest level achievable under the program. The Applicant believes that the sustainable and green aspects and LEED rating of this project will set Ever Vail apart from other resort projects across the country and throughout the world, and will help position both Vail Resorts and the Town of Vail as leaders in their collective pursuits of sustainable goals; and Finally, the Applicant has revised the project such that there is no need for any variances to Town Code. The project fully complies with Town Code and is consistent with the Lionshead Redevelopment Master Plan. Ever Vail (Rev. 12.21.10) B. Background In March of 2007, the Applicant submitted the original application for a rezoning and major subdivision to facilitate the review process for Ever Vail. The application was reviewed by the Planning and Environmental Commission on September 22, 2007, following a staff recommendation of approval, who subsequently recommended approval to the Town Council. The Town Council requested that the Applicant return with all applications necessary to facilitate the Ever Vail project, rather than just the Major Subdivision and Rezoning request, and the applications were subsequently withdrawn to allow the Applicant to prepare the entire entitlement package for review by the Town of Vail. On December 2, 2008, the Applicant submitted all applications to facilitate the development of Ever Vail. The early part of 2009 was spent reviewing the proposed Frontage Road and a general overview of the project, with meetings occurring all through 2009 and culminating in substantial revisions to the plans based on the input from Town Staff, Planning and Environmental Commission, Design Review Board, and Town Council, in addition to input received at the various public open houses. Revision to the plans were made in November of 2009, addressing this input. Since the March 2007 submittal, the following public meetings have occurred: Meeting Board Date Topic 1 Planning and Environmental Commission 5 -14 -07 Worksession 2 Planning and Environmental Commission 6 -25 -07 Worksession 3 Planning and Environmental Commission 7 -23 -07 Worksession 4 Planning and Environmental Commission 9 -24 -07 Major Subdivision approval, rezoning discussion 5 Planning and Environmental Commission 10 -22 -07 Recommendation of approval for Rezoning 6 Town Council 1 -22 -08 Update 7 Town Council 7 -1 -08 Update 8 Town Council 7 -15 -08 Rezoning Request 9 Town Council 9 -2 -08 Amendment to Vail Land Use Plan for Cascade Crossing, Vail Professional Building, GLOB 10 Planning and Environmental Commission 12 -22 -08 Frontage Road 11 Design Review Board 1 -7 -09 Frontage Road 12 Planning and Environmental Commission 1 -12 -09 Frontage Road, Major Subdivision 13 Planning and Environmental Commission 1 -26 -09 Frontage Road, Major Subdivision, Extensive Site Visit 14 Planning and Environmental Commission 2 -9 -09 Frontage Road, Vehicular Circulation, Pedestrian Connections 15 Planning and Environmental Commission 2 -23 -09 Frontage Road, Major Subdivision 16 Planning and Environmental Commission 3 -13 -09 Frontage Road, Major Subdivision, PEC approval of width of R -O -W 17 Town Council 4 -21 -09 Frontage Road endorsed for submittal to CDOT 18 Planning and Environmental Commission 12 -14 -09 Project overview, public and private parking, skier parking analysis 19 Town Council 12 -15 -09 Update on project 20 Design Review Board 12 -16 -09 Project overview, review of site plan and landscape plan, general architecture Ever Vail (Rev. 12.21.10) 6 Meeting Board Date Topic 21 Public Open House 12 -30 -09 Project overview and review of changes 22 Planning and Environmental Commission 1 -11 -10 Core Area Parking, vehicular circulation below grade, Traffic Report, Walker Parking Report 23 Town Council and Planning and Environmental Commission 1 -19 -10 Project overview at joint worksession 24 Planning and Environmental Commission 1 -25 -10 Circulation, public spaces and plazas, ground level uses, Market Study 25 Planning and Environmental Commission 2 -8 -10 Other programming 26 Community Meeting 2 -11 -10 Transportation, Traffic Circulation, Skier Drop -Off 27 Planning and Environmental Commission 2 -22 -10 Fiscal Impact Analysis 28 Community Meeting 3 -5 -10 Project overview 29 Planning and Environmental Commission 3 -22 -10 Building bulk and mass, setbacks, transit, connections to Cascade and Lionshead 30 Town Council 4 -7 -10 Project Update 31 Town Council 4 -20 -10 Metro District Update 32 Art in Public Places 3 -2 -09 Project Overview, Potential Art Opportunities 33 Planning and Environmental Commission 4 -26 -10 Transit, connections to Cascade and Lionshead 34 Planning and Environmental Commission 5 -24 -10 Bulk and Mass 35 Town Council 6 -15 -10 EPS Fiscal Review Additional meetings occurred prior to the March 2007 submittal, including extensive meetings to amend the Lionshead Redevelopment Master Plan for West Lionshead and subsequent meetings to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office Building site (submitted by others). In addition to the meetings with all of the various boards and commissions, the .1 Applicant has attended weekly meetings with staff to ensure that all issues have been addressed. Previous studies have been revised when necessary, and provided for review by the Town of Vail. All of the applications submitted to the Town for review and approval are listed below: Ever Vail (Rev. 12.21.10) 7 Application Type Brief Description Reviewing Board* Major Subdivision The preliminary subdivision plan which was approved by the PEC in 2007 PEC final approval has since expired. The purpose of the preliminary subdivision plan is to plat the property into Lots 1 and 2 of the Ever Vail Subdivision. From the previous approval, additional land has been added to accommodate some utilities. The preliminary subdivision plan includes the relocation of the S. Frontage Road. The Town of Vail has approved a partial Preliminary Plan establishing the north property line of the Ever Vail property in 2009. Rezoning The area of Ever Vail to the west of Red Sandstone is currently zoned ABD PEC recommendation and the current S. Frontage Rd. is unzoned. Glen Lyon Office Building (GLOB) TC final approval is currently part of SDD #4, Cascade Village. These areas will be zoned Lionshead Mixed Use — 2, to match the remaining portion of the property and consistent with the Lionshead Redevelopment Master Plan. SDD Major Along with the rezoning, a Major Amendment application to SDD #4 is PEC recommendation Amendment proposed to eliminate the Glen Lyon Office Building from this SDD. TC final approval Text Amendment Ever Vail is not currently within the Core Area for parking requirements. The PEC recommendation amendment allows for Ever Vail to be within the Core Area, consistent with (approved 1.11.10) its intended use and transit facilities. TC final approval Conditional Use The private parking structure, certain residential uses, office, conference PEC final approval Permits and meeting space, maintenance facility, transit center, and the gondola are identified as conditional use permits in the LMU -2 zone district. Major Exterior The construction of buildings within LMU -2 requires a major exterior PEC final approval Alteration alteration. Flood Plain The relocation of the South Frontage Road impacts the flood plain. PEC final approval Modification Permit Additional flood plain modification permits may be required for improvements to Red Sandstone Creek and will be provided during the Design Review process. *the Town Council can call -up the decision of the Planning and Environmental Commission Ever Vail (Rev. 12.21.10) C. Existing Conditions Ever Vail is a project proposed on an approximately 12 -acre site in the area known as West Lionshead. The site includes the Vail Professional Building, Cascade Crossing, the Vail Maintenance Yard, the old BP Gas Station, and the Glen Lyon Office Building, along with portions of the existing South Frontage Road. The gas station was demolished and environmental remediation undertaken in preparation for this project, so the gas station site is currently used as Vail Resorts employee parking (59 spaces) displaced by the construction of the First Chair employee housing project . The following table provides background information about the current uses on the site: Site General Description Specific Use(s) Vail Professional Building Offices and limited retail 1,938 sf retail 17,987 sf office Cascade Crossing Retail and limited office 8,584 sf retail 1,479 sf restaurant 1,020 sf office Old BP Gas Station Former gas station and auto repair, 3,374 sf repair shop temporarily used for employee parking Glen Lyon Office Building Offices 10,829 sf office Vail Maintenance Yard Maintenance yard and VR employee 245 parking spaces parking 9,600 sf office /warehouse -� r• , •.q .r , Fr F i Ever Vail (Rev. 12.21.10) 9 D. Proposed Conditions These revisions to the previous applications are intended to address all comments received to -date and to allow for final approval of the Ever Vail project. The most substantial change made to the project is a significant reduction in commercial uses on the site. The Town Council, staff, and the Town's consultant expressed concern that the level of commercial use in Ever Vail was not appropriate based on the proposed density of the project and the needs of the Town of Vail. As a result, a significant amount of commercial square footage was removed from the plans. This had the ripple effect of reducing the parking requirement and commercial linkage employee housing requirements for the project. All commercial uses were removed from the west side of the project, allowing for a new park -like feature at the confluence of Gore and Red Sandstone Creeks. Commercial uses were also removed from the east side of the project and replaced with residential uses on the first floor. As a result, a new Conditional Use Permit Application was submitted for these uses. Other changes include the elimination of some of the bridges which connected buildings, elimination of the transit center in the front setback, elimination of the variance for site coverage (underground uses), a reduction in height of certain buildings, the conversion of a portion of Market Street to a completely pedestrianized zone, etc. Hotel and Commercial Uses The project continues to include the - extensive list of uses and amenities as previously conceived. The Rock Resort__ Hotel with 102 rooms and associated ' conference and meeting rooms of over - a _ 9,807 sq. ft. (gross) is still proposed. With the addition of 49 lock -off units the hot and warm bed count of Ever Vail has been increased dramatically. Ever Vail will have an approximately 13 sq. ft. specialty � r market, along with 15,000 sq. ft. of general t _ retail. There will be an additional 16,000 sq. ft. of restaurant area and a 6,600 sq. ft. nightclub. Ever Vail will also include approximately 34,600 sq. ft. of office uses, increasing the total amount of offices uses currently existing (approx. 29,000 sq. ft.) on the site. Residential and Employee Housing Ever Vail includes 381 condominium units with approximately 570,000 sq. ft. of GRFA. Forty -nine (49) of these condominiums will have lock -offs, resulting in a significant increase in warm beds available in the Town of Vail. In addition, there will be approximately 41 employee housing units, both for -sale and rental units, meeting approximately 67% of our requirement on -site. A portion of the employee units will be restricted to lower income families pursuant to the LEED ND program, well beyond the requirements of the Town of Vail. Parking and Transit The Applicant remains committed to providing 400 day -skier parking spaces, as outlined in the Lionshead Redevelopment Master Plan to alleviate parking currently occurring on the Frontage Road and to accommodate the shifting demand for parking as a result of the new gondola. Along with the 400 skier spaces, there are an additional 289 parking spaces to satisfy the "no net loss" policy of the Lionshead Redevelopment Master Plan. There are an additional 265 commercial spaces for a total of approximately 665 parking spaces open to the public for commercial users and skiers. A complete parking analysis is provided in Section II of this update. Since the previous update, substantial work has occurred on finalizing a transit center design for Ever Vail. Now approximately 25,000 sf, the Ever Vail transit center will accommodate four buses, and 13 skier drop -off spaces, with opportunity for expansion onto the Frontage Road for additional transit uses should additional bus bays be necessary. At a direct cost to the Applicant of approximately $8,000,000, this is a huge benefit to the entire Town of Vail community. Ever Vail (Rev. 12.21.10) 10 Vail Mountain Ever Vail is about the mountain. A new gondola will be provided, helping to alleviate congestion at the other mountain portals. Finally, mountain operations will receive a brand -new, state of the art, completely subterranean mountain operations facility with direct access to the snowcat bridge and access road up Tract K. The following provides a general summary of the programming proposed based on each building for Ever Vail. A complete zoning analysis, with a more specific breakdown of all uses is provided in Section II: Building General Description Uses and /or Approx. SF WEST 45 du W1 Residential 17 ehu 65 du (includes 20 lock -offs) W2 Mixed -Use 12,172 sf children's services 34 du W3A -E Residential 5 ehu EAST 20 du 5,732 sf commercial E1 Mixed -Use 2,887 sf office 3,487 sf meeting space 58 du 6 ehu E2 Mixed -Use 10,311 sf commercial 1,900 sf office 51 du (includes 24 lock -offs) 56 au E3 Mixed -Use 16,368 sf commercial 9,950 sf spa E4 Gondola NA 52 du 4 ehu Mixed -Use, Transit E5 29,882 sf office Center 2,332 sf commercial 25,041 sf transit center 27 du (includes 5 lock -offs) E6 Residential 46 au 29 du E7 Mixed -Use 9 ehu 19,935 sf commercial Ever Vail (Rev. 12.21.10) 11 E. Ever Vail and LEED Certification The U.S. Green Building Council has developed a LEED for Neighborhood Development Rating System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council —three organizations that represent some of the nation's leaders among progressive design professionals, builders, developers, and the environmental community —have come together to develop a national set of standards for neighborhood location and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership is to establish these standards for assessing and rewarding environmentally superior development practices within the rating framework of the LEED (Leadership in Energy and Environmental Design) Green Building Rating System TrI The Neighborhood Development rating system is designed to certify exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may constitute whole neighborhoods, fractions of neighborhoods, or multiple neighborhoods. Smaller, infill projects that are single use but complement existing neighboring uses should be able to earn certification as well as larger and mixed -use developments. Ever Vail has been accepted to be a LEED certified neighborhood development and has received its Stage One approval by the USGBC. The Ever Vail Master Plan achieved a LEED Platinum Rating (the highest possible rating) in September 2008 when it completed Final Stage One LEED -ND Review was returned by USGBC. According to USGBC, Ever Vail was the: • 12th LEED -ND project certified • 2nd Platinum LEED -ND project • 1st LEED -ND project in Colorado /Rocky Mountain Region • LEED -ND project furthest east of the Pacific Ever Vail (Rev. 12.21.10) 12 II. Zoning Analysis Requirement Allowed /Required Proposed Lot Size: 10,000 sq. ft. 12.617 acres / 549,574 sq. ft. Buildable Area: 10,000 sq. ft. 480,313 sq. ft. Setbacks: 355,542 571,318 Front /Side /Side /Rear: 10 ft. /10 ft/10 ft. /10 ft. 10 ft. minimum Gore Creek: 50 ft. 50 ft. minimum Red Sandstone: 30 ft. 30 ft. minimum Height: 94,482 94,482 Max: 82.5 ft. 82.5 ft. Average: 71 ft. <71 ft. Density: 49,699 Units: 430 units 381 units Units per Acres: 135 units /acre 130.20 units /acre GRFA: 250% of buildable area 131% of buildable area 1,200,783 sq. ft. 628,462 sq. ft. (includes hotel) Site Coverage: 70 %/384,701 sq. ft. 69.98% / 384,623 sq. ft. (Above -grade site coverage = 46 %) Landscape Area: 20 %/109,914 sq. ft. 28.28% / 155,381 sq. ft. Softscape: 23.56% / 129,484 sq. ft. Hardscape: 22.63% / 124,345 sq. ft. Loading and Delivery: Max of 5 bays 10 straight -body truck bays 3 semi truck bays 1 hauler cat bay Parking: (a full analysis is 772.3 spaces 1,478 spaces provided in Section VI) As the Zoning Analysis indicates, Ever Vail meets the requirements of the Lionshead Mixed Use - 2 zone district and no variances are required for approval. In addition to the zoning requirements, Ever Vail fully complies with the Lionshead Redevelopment Master Plan, which in some cases is more restrictive than the zoning. The Zoning Analysis provided above outlines the project with regard to the zoning standards, but does not give a complete picture of all of the uses proposed on site. The following table is intended to provide an understanding of all of the various uses proposed: Use West East Total Dwelling Units (DU) 144 237 381 DU GRFA 215,776 355,542 571,318 Units with Lock -Off (not additional DU) 20 29 49 Accommodation Units (AU) 0 102 102 AU GRFA 0 94,482 94,482 Employee Housing Units (EHU) 22 19 41 EHU GRFA (on -site) 26,155 23,544 49,699 Ever Vail (Rev. 12.21.10) 13 Use West East Total Office NSF 0 34,669 34,669 Retail NSF 0 31,527 31,527 Eating and Drinking Establishment NSF 0 22,337 22,337 Eating and Drinking Establishment (Seating SF - for calculating parking) 0 11,307 11,307 Conference and Meeting Space NSF 0 9,807 9,807 Conference and Meeting Space (Seating SF - for calculating parking) 0 7,465 j 7,465 Spa NSF 0 9,950 9,950 Skier Ticketing NSF 0 2,526 2,526 Children's Services NSF 12,172 0 12,172 Mountain Ops 0 91,561 91,561 The following table provides a summary of the parking analysis (additional calculations are provided in Section VI): Use Parking Required Dwelling Units 413.4 Employee Housing Units 44.4 Total Residential 457.8 Accommodation Units 55.3 Office 72.5 Retail /Skier Services 61.2 Eating and Drinking 35.0 Conference 23.4 Spa 7.7 Children's Services 9.4 Mtn Ops 50 Total Commercial /Other 314.5 Skier Parking Obligation 400 Employee Replacement Parking Obligation 289 Total Required + Obligation 1,461.3 Total Spaces Provided 1,478.0 Ever Vail (Rev. 12.21.10) 14 III. Master Plan Review A. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan (LRMP) provides the framework for the Town of Vail to review this application to facilitate the redevelopment of Ever Vail. The Lionshead Redevelopment Master Plan was originally adopted in December of 1998 and amended numerous times. At the time of adoption, the Town recognized that Vail was nearing an important crossroads and that major changes were necessary to remain at a competitive advantage in the ski resort industry. The purpose statement of the LRMP clearly identifies how Vail intended to face this competition head -on: (Sec. 2.1) This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world -class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of growth in REDEVELOPMENT MASTER PLAN Submitted to the Vail Town Council December 15. 1998 Updated January 26, 2006 accommodation units ( "hot beds "), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four- season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year- round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off - mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. This purpose statement reads much like the Applicant's purpose for the Ever Vail development: • An increase and diversification in hot beds. This is accomplished through the Rock Resort hotel, 49 lock -offs, and dwelling units have the opportunity to participate in a voluntary rental program. • An increase and diversification in retail offerings, a live music venue and a specialty market /grocer. • Removal of older, deteriorating buildings, including an aging maintenance facility and the existing strip mall - type use. The new structures will be built to LEED standards and the new maintenance facility will allow Mountain Operations to have a state -of- the -art, efficient facility to serve their needs in maintaining Vail's premier mountain status. All of this will be done in an exciting and inter - connected pedestrian environment bounded by sophisticated architecture and an extraordinary natural environment. Ever Vail (Rev. 12.21.10) 15 The LRMP provides six policy objectives which further detail this purpose statement: (Sec. 2.3) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds ") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Maintenance Yard Chapter 3 of the LRMP identifies all of the existing conditions presenting challenges to the objectives of the Town of Vail. Many of these are described in general terms. However, the maintenance yard is specifically identified and addressed: (Sec. 3.2.5.3) Vail Associates Service Yard The Vail Associates service yard, bordered by the South Frontage Road on the east and south and Red Sandstone Creek on the west, currently contains a wide variety of mountain operation functions such as snowcat service and fueling, warehouse storage, and maintenance shops. While the service yard is critical to Vail Associates' mountain operations there is a strong interest on the part of the Town of Vail to see the majority of these facilities relocated on- mountain. According to Vail Associates it may be possible Ever Vail (Rev. 12.21.10) 16 to relocate many of the facilities, but the snow cat service and fueling operations must remain at or near its current location. Specific issues regarding the service yard include: c a. Visual Like its neighboring Amoco service station, the service yard is at the western front door to Lionshead. Much of the yard is screened by an existing berm, but the facility is inconsistent with the existing land uses in Lionshead and the desired visual character of a destination resort. As redevelopment occurs in west Lionshead it will become increasingly important to address these visual concerns. b. Access The snow cat fueling and maintenance operations are a significant component of the service yard functions. Snow cats and snowmobiles must cross the South Frontage Road to access the mountain, frequently conflicting with traffic on the frontage road. Forest Road Mountain Access Snow cats from the service yard currently access the mountain via Forest Road to the Born Free ski run. Though a pre - existing condition, the presence of the snow cats on Forest Road has long been a consistent complaint of the Forest Road property owners. It is clear that the removal of snow cats from Forest Road is desirable but there is no existing secondary route to the mountain and the alternatives for creating a new access way, while possible, are problematic. ;�: i 1. %I The completion of the ski cat access road up Tract K opens up the opportunity to relocate Mountain Operations to the area adjacent to the "Bridge to Nowhere" as it will now go somewhere. Locating Mountain Operations completely below grade minimizes its impacts to adjacent properties (within and adjacent to Ever Vail) and furthers the goals of the Lionshead Redevelopment Master Plan. � A Ile No Net Loss of Parking IF This chapter also discusses the existing Vail Resorts/ Vail Mountain parking situation, with specific reference to the basic ground rule of "no net loss of parking ": (Sec. 3.9.4) 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The North Day Lot (see figure 3 -15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation facility, employee housing, and other uses contemplated under the zoning on the property (LMU -1). The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the Ever Vail project. As part of the project, the Applicant will be proposing replacement of parking at the Ever Vail site, to meet the "no net loss" policy as outlined by the Lionshead Redevelopment Master Plan. Recent construction of projects on the West Day Lot (now the Ritz - Carlton) and North Day Lot (now First Chair), have displaced parking onto the Ever Vail (Rev. 12.21.10) 17 existing Ever Vail site. With the construction of Ever Vail, all parking to satisfy the no net loss policy will be fulfilled. The following chart provides an analysis of all VR employee parking that existed in Lionshead pre - redevelopment, and tracks it through to the completion of Ever Vail: Site Spaces Notes Historical: Pre - Lionshead Redevelopment West Day Lot 160 Holy Cross Lot 129 Includes Mtn Ops parking North Day Lot 105 TOTAL 394 Total Replacement Obligation Ritz Post - Construction West Day Lot 0 WDL becomes the Ritz Carlton Residences Holy Cross Lot 295 Move adds 166 spaces to Holy Cross Lot (160 to replace WDL, 6 for future North Day Lot development) North Day lot 105 TOTAL 400 Net surplus of 6 spaces North Day Lot Post - Construction West Day Lot 0 Holy Cross Lot 295 Includes shop parking North Day Lot 61 Employees plus surplus parking Old BP Lot 59 PCL office removed, parking lot created for partial replacement of NDL TOTAL 415 Carrying a credit of +21 spaces Ever Vail Post - Construction West Day Lot 0 Ritz Carlton Residences Holy Cross Lot 0 Becomes part of Ever Vail North Day Lot 61 Developed as employee housing and parking Ever Maintenance Shop 50 Relocated Maintenance Shop Ever Vail Replacement 289 Replacement for BP lot, Holy Cross Lot TOTAL 400 Net increase of 6 spaces to maintain No Net Loss Policy This equates to a total parking replacement of 289 parking spaces. These spaces are included in the parking calculations provided in this document. West Lionshead Policies Chapter 4 of the LRMP provides recommendations for the overall study area and includes a section on the West Lionshead neighborhood: Ever Vail (Rev. 12.21.10) 18 (Sec. 4.1.5) West Lionshead — Residential /Mixed -Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site, and the Eagle River and Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year -round attraction within this area of Lionshead. The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north -south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north -south building orientation may be difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in -town transit system. The above section of the LRMP clearly states the intention for this area to become a residential and mixed use area, to include high density residential development, lodging, office, retail space, employee housing and parking. The uses proposed at Ever Vail clearly align with this intent. While each of these uses will be addressed in later sections of this submittal document, it is clear that Ever Vail is consistent with the LRMP. Public Transportation Chapter 4 also includes the following section on public transportation: (Sec. 4.5.1) Connection to West Lionshead West Lionshead consists of the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossing site, Glen Lyon Office Building site, former gas station site, and the Eagle River Water and Sanitation site. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead properties are at the outside edge of Ever Vail (Rev. 12.21.10) 19 the acceptable walking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). (Sec. 4.5.2.1) Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul- de -sac, be relocated to the proposed North Day Lot, the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop -off, private shuttle vans and Town of Vail in -town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and /or the type of transit facilities that may be necessary in West Lionshead. As this section indicates, redevelopment of West Lionshead would be challenging without the addition of a lift. All areas of Ever Vail will be within 1,200 ft. of the proposed gondola, while public parking and skier drop -off are within 400 ft. This gondola has been designed to be central to the site, to maximize accessibility. In addition, the intent is to maximize public transit and bus access to the site, and facilities have been provided for skier drop -off, private shuttle vans, and regional /in -town buses. Road Relocation Chapter 4 provides direction on the potential realignment of S. Frontage Road: (Sect 4.6.2) South Frontage Road Recommendations outlined below address potential re- alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. Figure 4 -9 depicts potential redevelopment �� w -:s.�- •. °g"�^ without the realignment of the Frontage Road while Figure 4 -9a depicts redevelopment with a partial realignment of the Frontage Road. Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions i✓ about land development and traffic flow f � in West Lionshead. Relative to traffic flow, Ever Vail (Rev. 12.21.10) 20 realignment will remove the conflict that now exists between through - traffic and mountain service vehicles (snow -cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4 -9a, and it would be necessary if the service yard property is used for a secondary public parking facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a significant traffic control device will need to be installed in the West Lionshead area. Such a device may include a round about. Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4 -9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Department of Transportation will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4 -9a terminates perpendicular to the frontage road and does not require the acquisition of private property. A new parcel of developable land, suitable for offices or non - resort retail, would be created on the southeast corner of this intersection. C. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right -of -way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide a through- transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. f. Future Frontage Road Re- alignment The opportunity may exist to re- locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this alternative would be to eliminate the Ever Vail (Rev. 12.21.10) 21 "Frontage Road barrier" between the Holy Cross site and the Vail Professional Building. While this alternative would require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. The Applicant has been working successfully with CDOT on the complete re- alignment along the full length of the planning area and the Town has made the application to CDOT for the road relocation. Final approval by the FHWA is currently pending. A traffic study by Kimley -Horne and Associates has been provided to further address the S. Frontage Road alignment. Public Parking Related to the issue of transportation, Chapter 4 of the LRMP provides direction on Public Parking and potential locations, including the following: (Sec. 4.8.3.3.) West Lionshead The construction of a new public parking facility at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound 1 -70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service to this area. The construction of anew public parking facility would address the existing deficiency of off - street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking structure would contain approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulation. Given the location for this parking facility, it had been assumed that regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 1200 foot walking radius). However, the location of the parking structure would be proximate to the new lift and as such the need for regular shuttle service would be minimized. However, some provisions for bus stops and /or a transit facility should be considered for the parking structure. The Applicant is proposing to not only accommodate 400 public skier parking spaces, in compliance with the recommendations of the LRMP, but to construct and operate these publicly available spaces at no cost to the Town of Vail. Ultimately, approximately 660 spaces will be available for public parking. Employee Housing (Section 4.8.4) 4.8.4 Parking for Employee Housing The unit -to- parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four -bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. At this time, the Applicant is not requesting a reduction in the parking requirements for employee housing. However, a reduction would allow for a greater number of public parking spaces. Employee Housing is also a primary subject of Chapter 4 of the LRMP, and the West Lionshead neighborhood is identified as a potential site: Ever Vail (Rev. 12.21.10) 22 (Sec. 4.9.4.3) 4.9.4.3 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. The Ever Vail Housing Plan is submitted in another section of this document. The current Town of Vail regulations for employee housing require that a minimum of 50% of the required employee housing be constructed on -site. At this time, the Applicant is proposing to exceed this requirement. In addition, the Applicant is proposing a variety of unit types, including rental and for -sale, to serve both individuals and families. Beyond the requirements of the Town, the Applicant is proposing a portion of the employee housing will be restricted to lower income families, based on Area Median Income restrictions pursuant to the LEED ND application. Live Beds Chapter 4 also discusses the priority of the Town of Vail to encourage the provision of Live Beds: (Sec. 4.13) Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental /property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. As stated previously, the Applicant has also placed a priority on live beds and the development includes Rock Resorts hotel, 49 condos with lock -off units, and dwelling units to participate in a voluntary short -term rental program. Specific West Lionshead Recommendations It is Chapter 5 of the LRMP that focused on detailed plan recommendations for specific areas within the Lionshead study area, and provide direction for the redevelopment of West Lionshead: Ever Vail (Rev. 12.21.10) 23 (Sec. 5.17) West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4 -9a, and 4 -9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard /Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A strong east -west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the sites. Possible opportunities for improvements may include, an improved mass transit stop, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. Frontage Road Re- Alignment The Frontage Road will be relocated, so the above recommendations are no longer applicable to the project. While the Lionshead Redevelopment Master Plan recognizes that relocation is a possibility, the extent to which it could be relocated was not understood at the time. With the Applicant's purchase of the Vail Professional Building, Cascade Crossing, and now GLOB, the Frontage Road will be relocated along the entire West Lionshead area. The potential road relocation is discussed below: b. Frontage Road Realignment Ever Vail (Rev. 12.21.10) 24 The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/ Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard /Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east -west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. Red Sandstone Creek As the Ever Vail plans indicate, the enhancement of Red Sandstone Creek is a large part of the Ever Vail project, with the ultimate goal of making it an amenity to both the project and the entire Town of Vail. As the plans for Red Sandstone Creek progress, a flood plain modification permit will be submitted to the Town for stream bank improvement, and all plans will be subject to review by the U.S. Army Corps of Engineers. (Sec. 5.17.4) Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. As stated above, the relationship to both Red Sandstone Creek and Gore Creek is a significant consideration in the planning of Ever Vail. Ever Vail (Rev. 12.21.10) 25 Connections Strong connections both towards Lionshead and Cascade Village have been integral to the planning process of Ever Vail. The design of the pedestrian connections, along with the layout of the buildings and public plazas have been designed to enhance this connection. (Sec. 5.17.2) Pedestrian and Bike Access As compared to a separate, free- standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. Commercial Uses Currently, approximately 30,000 sq. ft. of office exists on the site, and approximately 14,000 sq. ft. of retail exists. The project will increase the office square footage to approximately 34,600 sq. ft. of office. Retail will be increased, with a total of approximately 31,000 sq. ft. of retail uses. In addition, there will be approximately 22,000 of restaurant uses on the site, and a 9,000 sq. ft. spa. The Master Plan states the following with regard to commercial uses in Ever Vail: (Sec 5.17.3) Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year- round. One way this can be accomplished is the reinforcement of a well - crafted program of specialty retailers, offices, and restaurants that attract both tourists and local residents. Also, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. An active program of public art, residential units that are used for "artists in residence" or a culinary school are examples of uses that could create a catalyst for activity. In conjunction with any application to develop a new ski lift, a market study which analyzes the appropriate amount of office /retail square footage shall be included in the redevelopment of West Lionshead. Architecture (Sec 5.17.5) Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in West Lionshead and the extent to which they influence the quality of the Ever Vail (Rev. 12.21.10) 26 experience of passers -by, all future development of the sites should be closely scrutinized for compliance with the applicable architectural design guidelines. For properties that are east of Red Sandstone Creek, in West Lionshead, higher densities and building heights may be appropriate, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of this master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually "step down" at the creek sides. Building height and massing shall also "step down" towards the Interstate, and at the western end of Lionshead. Figure 5 -25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5 -25. Notwithstanding the height allowances depicted on Figure 5 -25, which depicts building height in an east/ west orientation, building height and massing shall also "step down" in a north/ south orientation. Notwithstanding the height allowances depicted on Figure 5 -25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area, building design shall be articulated to avoid large expanses of shear /unbroken wall planes. IA� 7, �- 71.5' MAX 60.5 7S'St �V y / / _ PEDESTRI ` - EASIMI.nI 6i ASST' FIGURE 5.25 -WEST UONSHEAD BUILDING MASS I HEIGHT EIMITATIONS O LT The additional height limitations are intended to ensure that the buildings step down, both as the buildings move towards the west and towards Gore Creek. As indicated in the plans, the buildings on the west are substantially lower than the buildings on the east, meeting the intent of the Lionshead Redevelopment Master Plan. All buildings step down and meet the average heights. Glen Lyon Office Building (Sec. 5.17.6) Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. Height Building heights shall be consistent with Figure 5 -25, West Lionshead Building Massing and Height Limitations. Notwithstanding the height limitations set forth in Figure 5 -25, the maximum height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet. Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three -story building with 10,829 square feet of general office space and a surface parking lot. Because of the site's physical Ever Vail (Rev. 12.21.10) 27 location along Gore Creek, it's accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski -lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of 'Live Beds' in Lionshead. Residential density on the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on -site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on -site. Employee Housing All (100 5yo) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on -site. Landscape Preservation and Relationship to Red Sandstone and Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. The addition of the GLOB site has allowed for a much more comprehensive planning approach to the West Lionshead area than could have been considered before. As the plans indicate, Vail Resorts intends to comply with the Lionshead Redevelopment Master Plan recommendations for this site, along with the private covenants that also run with the property. Height has been limited to 56 ft. on the GLOB site, and all of the employee housing requirement has been met on -site. It is the intent of the Applicant that Ever Vail not only comply with the Lionshead Redevelopment Master Plan, but to actually further its objectives by becoming a redevelopment project that, through its architecture and pedestrian orientation, along with sustainable, green building principles, can be an example for all redevelopment projects in Vail. As each application to facilitate the development of Ever Vail is addressed in more detail, please refer back to this section in consideration of the Lionshead Redevelopment Master Plan. B. Comprehensive Open Lands Plan The Town of Vail has adopted a Comprehensive Open Lands Plan, intended to guide policy with regard to sensitive land within the Town boundaries. The Comprehensive Open Lands Plan identifies Red Sandstone Creek corridor through Ever Vail as a "medium priority." It is identified as Parcel #19 and provides the following guidance: Ever Vail (Rev. 12.21.10) 28 Parcel 19: UnI21dtPd Valk Viltige, 2nd Medium Priority: TOV acquire conservation ease- ment on area around Red Sandstone Creek to protect trees a nd strea m . C. Vail Transportation Master Plan The Applicant is proposing to grant a conservation easement to the Town of Vail in accordance with this recommendation and to ensure continued protection of the resource. The Vail Transportation Master Plan, adopted in June 2009 provides guidance on transportation improvements throughout the Town of Vail, including public parking improvements in Ever Vail, stating the following: (Page 69) The Town should look to expand the public parking supply within Main Vail to reduce the frequency of Frontage Road use for overflow parking. Based on accommodating a 90th percentile and based on Frontage Road parking data over the past few ski seasons, 400 new spaces should be developed over the short term. Over the long term, 1000 additional spaces (600 more) should be developed in Main Vail. To the extent possible, more new public spaces should be located in the eastern sections of the Main Vail area. Potential locations include: • West Lionshead (up to 400 additional spaces) • Lionshead Parking Structure (as part of its redevelopment; possible net gain of 300 spaces) • Ford Park (at least 300 additional spaces, and possibly more if the above - mentioned locations do not include an increase) The addition of these parking areas, along with additional commercial and skier access would "spread out" Vail's base area to approximately 1.6 miles of frontage. Because of the increased density, activity, and distance, the Town's transportation system within and to the Main Vail area clearly needs to be enhanced to support these activities through the combination of roadway improvements and transit service enhancements. A more detailed parking study to verify these locations and the associated number of additional spaces will need to be completed by the Town prior to any implementation. The study will need to take into account the aforementioned potential recommendations as well as looking at alternative locations, transit incentives, in combination with parking management solutions that may alleviate the parking situation, which may include outlying lots with bus service. As indicated in the plans for Ever Vail, the Applicant is proposing to construct and operate public parking in Ever Vail, including providing 400 public skier parking spaces above and beyond those spaces needed to serve the uses on -site. �1 Ever Vail (Rev. 12.21.10) 29 IV. Major Subdivision A. Introduction of the Major Subdivision Request The Applicant has previously submitted a request for a major subdivision to facilitate the redevelopment of West Lionshead. The Ever Vail subdivision creates new development parcels and allows for the relocating of South Frontage Road. The major subdivision will include a substantial portion of the West Lionshead area, including the sites of the Vail Professional Building, Cascade Crossing, the old Vail BP site, Glen Lyon Office Building and the Holy Cross lot, along with the Frontage Road right -of -way. Some of these properties are currently unplatted. A full -sized copy of the plat has been provided with the plans. The Planning and Environmental Commission has approved the northern boundary of the Ever Vail subdivision. The Preliminary Plan has been submitted with the plans and is provided below: YhYM1T� PRE'L- , w.yARr PLAA 'EVER VAU A RE',SUBDWISION OF SOUTH FRONTAGE ROAD SUODIVISION, LOT 54, GLEN LYON SVODIYISION AND A PORTION OF THE Sir !1 4 OF SECTION O, A PART OF THE NW % DF - 3R TIO,N 7, TOWNSHIP 5 .SOUTH, RANGE @U WEST OF THE 6TH P.M. AND A POP.TION OF THE NS" % OF SECTION 12. TOPN5HIP 5 SOUTH RANGE 91 (VEST, OF TILE GTH P -AI., TOWN OF VAIL. COUNTY � OF EACL£. STATF. OF COLORADO I Z Z r � � I l ^. vo .�'•�� _ �+ � 1[51 LYh9KN1 . Wes_ _ _- - -- �'•'�' °� _ - � - - - -� a B. Review Criteria for a Major Subdivision 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: To be the Premier Mountain Resort Community... We share this vision with the Town of Vail. It is our intent to further this vision through the addition of world -class facilities in a new mixed use village, called Ever Vail. This subdivision will enable the redevelopment of Ever Vail. Ever Vail (Rev. 12.21.10) 30 This vision is further supported by stated development objectives of the Town of Vail. The purpose statement of the Lionshead Mixed Use -2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this major subdivision application to facilitate the redevelopment of Ever Vail. A complete analysis of the Lionshead Redevelopment Master Plan is included in a previous section of this overall document. The preliminary plat approval of this major subdivision allows the Applicant to move forward in the development of the Ever Vail into the mixed -use hub desired by the Town of Vail as described by the Lionshead Redevelopment Master Plan. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Our Analysis: The proposed subdivision complies with all of the Town's codes. Each parcel created by this subdivision meets the minimum lot area requirements of 10,000 sq. ft. This plat is being submitted in conjunction with a rezoning request so that the entirety of Parcels 1 and 2 will be zoned Lionshead Mixed Use -2. The total area of the Ever Vail subdivision is 12.617 acres or 549,574 sq. ft. Of the total area, 11.027 acres is defined as "buildable" or areas not within the flood -plain or with slopes in excess of 40 %. Both parcels being created by the subdivision will be treated as one parcel for the purposes of zoning and development standards. Parcel 1: Parcel 1 is the eastern portion of the Ever Vail site, encompassing the parcels currently platted as Tracts A and B, South Frontage Road Subdivision (which is to be vacated by the proposed Ever Vail plat). It also encompasses the current portion of the Frontage Road right -of -way along this portion. It is 7.322 acres (318,940 sq. ft.). Approximately 6.3% of Parcel 1 consists of slopes in excess of 40% (20,196 sq. ft.) and 9,574 sq. ft. are with in the floodplain. Subtracting the total area of the site with slopes in excess of 40% minus the areas in the floodplain (excluding the areas which overlap) from the total site area leaves a 6.652 acres or 289,758 sq. ft of buildable area. Ever Vail (Rev. 12.21.10) 31 Parcel 2: Parcel 2 is the western portion of the Ever Vail site, just to the West of Red Sandstone Creek, and is the current location of the Vail Professional Building and Cascade Crossing (zoned ABD), along with the portions of the existing Frontage Road along this site. Parcel 2 now includes the Glen Lyon Office Building site (zoned SDD #4). Parcel 2 is 5.295 acres (230,634 sq. ft.) with 32,147 sq. ft. with excess of 40% slopes and 9,497 sq. ft. in the floodplain. This equates to a total of 4.375 acres or 190,555 sq. ft. of buildable area. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Our Analysis: Ever Vail provides a unique opportunity for redevelopment. The existing uses in the area vary from office uses to more industrial uses. The proximity of the site to both the ski mountain and Gore Creek creates remarkable opportunities to capitalize on these assets, while providing uses and services that the Town desires and needs. The relocation of the S. Frontage Road furthers these opportunities by creating a site that can fit these uses while minimizing impacts to adjacent properties. Moving the S. Frontage Road to a location along side 1 -70 consolidates these major thoroughfares, thus minimizing the effects of traffic on nearby properties and provides a more efficient vehicular corridor. The proposed uses within Ever Vail are consistent with municipal objectives and present a unique development opportunity within the Vail community. 4. The extent of the effects on the future development of the surrounding area; and Our Analysis: The proposed subdivision will allow for uses consistent with the zoning on the property and compatible with the surrounding area. The subdivision allows for the redevelopment of a Brownfield area (the former gas station site and the Vail Maintenance yard) that will have a positive effect on the surrounding area. The subdivision further allows for improvements and enhancements to Red Sandstone Creek, allowing for it to become an even greater amenity to the Town of Vail while preserving and repairing the riparian area. Direct neighbors to Ever Vail include the following: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use — 1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbors to the west and is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building is the nearest neighbor to the south is zoned General Use, along with the stream tract and Tract K. • North: Ever Vail will generally be bound by the relocated South Frontage Road and I -70 right -of -way to the north. S. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Our Analysis: The major subdivision is necessary to facilitate the redevelopment of the Ever Vail area. As a result, this subdivision is highly efficient as public utilities already exist in the site. Because Ever Vail is a redevelopment project, it does not result in a "leapfrog" pattern of development. The project is more consistent with in -fill Ever Vail (Rev. 12.21.10) 32 development patterns. It is taking an existing, underutilized area and redeveloping it to a better use. The realignment of the S. Frontage Road will allow vehicular traffic to flow more efficiently through the area. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Our Analysis: High capacity utility lines already exist in the area and since this area was already considered in the master planning of the area, proper planning of utility capacity was already undertaken. Any impacts to the utilities will be mitigated by the Applicant. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Our Analysis: The re- alignment of the S. Frontage Road will allow for development to occur in a more logical pattern, along with consolidating and minimizing the impacts of the traffic associated with the S. Frontage Road and 1 -70. The alignment of the S. Frontage Road parallel to 1 -70 has been successful in other parts of Town and allows for an efficient flow of traffic. In addition, the properties in the Ever Vail area are a mix of unplatted, metes and bounds legal descriptions and platted lots. The proposed subdivision will allow this area to be developed in a more orderly pattern. The subdivision is one step in the overall process to allow for the redevelopment of the West Lionshead area into Ever Vail. The subdivision allows for the provision of public parking, a new ski lift and mixed -use hub for the Vail community. The Applicant believes that this redevelopment serves the best interest of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; Our Analysis: This major subdivision request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses and quasi - industrial uses on the site. All development proposals on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider natural areas amenities to the guests of Ever Vail. As other included applications indicate, we are hoping to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, will ensure that there are no adverse impacts to the natural environment. As stated previously, the project is in the LEED -ND Pilot Program, details of which can be found in another section of this document. Ever Vail (Rev. 12.21.10) 33 V. Rezoning A. Introduction to the Rezoning Request The Applicant is requesting a rezoning from Arterial Business District (ABD) to Lionshead Mixed Use - 2 (LMU -2) for Parcel 2, created by the Ever Vail Subdivision. The site is currently zoned Arterial Business District and is the site of the Vail Professional Building and Cascade Crossing, located at 953 and 1031 Frontage Road. With the addition of the Glen Lyon Office Building site, Vail Resorts is also requesting that this site be rezoned from SDD #4 to Lionshead Mixed Use — 2, consistent with the Lionshead Redevelopment Master Plan. The Applicant is also requesting to zone the portion of the S. Frontage Road right -of -way, which is currently unzoned, to LMU -2. The end result will be the entirety of the Ever Vail Subdivision zoned Lionshead Mixed Use — 2. The majority of the site is already zoned Lionshead Mixed Use — 2, including the Vail Maintenance Facility and the old gas station site (see below). Existing Zoning Conditions: i f INDICATES AREA CURRENTLY ZONED SOD #4 C. D. O.T. RIGHT-OF-WAY - CURRENTLY UNZONED INDICATES AREA CURRENTLY ZONED LIONSHEAD MIXED -USE 2 INDICATES AREA CURRENTLY ZONED ARTERIAL BUSINESS DISTRICT 4 Ever Vail (Rev. 12.21.10) 34 r INDICATES AREA PROPOSED LIONSHEAD MIXED -USE 2 B. Review Criteria for a Rezoning Request 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this rezoning request from Arterial Business District to Lionshead Mixed Use -2, including the zoning of the Frontage Road right -of -way. Recently, the Town of Vail approved the inclusion of the Glen Lyon Office Building into the Lionshead Redevelopment Master Plan. The rezoning of these properties furthers the adopted goals and policies of the Lionshead Redevelopment Master Plan. A complete analysis of the Lionshead Redevelopment Master Plan and other pertinent master planning documents is in included in a previous section of this document. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Our Analysis: The Lionshead Redevelopment Master Plan indicates these properties to be a part of the West Lionshead mixed -use development. The property on the east side of Red Sandstone Creek, which includes the current maintenance facility, is currently zoned Lionshead Mixed Use — 2. The proposed site is bounded by 1 -70 to the North. The re- alignment of the Frontage Road will allow this area to become one cohesive development and the zoning of Lionshead Mixed Use — 2 to the property is more suitable than the current zoning designations. Ever Vail (Rev. 12.21.10) 35 Proposed Zoning Conditions: In addition, the rezoning is suitable with the surrounding land uses: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use — 1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbor to the west, and is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building, is the nearest neighbor to the south, and is zoned General Use. • North: Ever Vail is generally bounded by the relocated South Frontage Road and 1 -70 right -of -way to the north. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Our Analysis: The rezoning of these properties to Lionshead Mixed Use — 2 will allow for a more harmonious, convenient, and workable relationship in the proposed redevelopment of the West Lionshead area. Cascade Crossing and the Vail Professional Building are the only properties zoned Arterial Business District in the Town of Vail. The Glen Lyon Office Building is substantially physically separated from the remainder of SDD #4. Rezoning them to Lionshead Mixed Use — 2 allows for redevelopment which meets the town's development objectives as outlined in the Lionshead Redevelopment Master Plan, Zoning Regulations, Vail 20/20, etc. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Our Analysis: As the adjacent area to the east is zoned Lionshead Mixed Use — 2 and this area is part of the Lionshead Redevelopment Master Plan study area, it is clear that this does not constitute a spot zoning. This amendment will help to allow the redevelopment of the West Lionshead area into a mixed use hub, serving the needs of guests and residents alike. S. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Our Analysis: This rezoning request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses on the site. All development proposals on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider it an amenity to the guests of West Lionshead. As future applications will indicate, the Applicant intends to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, we will ensure that there are no adverse impacts to the natural environment. An Environmental Impact Report has been submitted with this application to provide further clarification on this criteria. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Ever Vail (Rev. 12.21.10) 36 Our Analysis: The purpose statement of the Lionshead Mixed Use -2 Zone District is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The application of Lionshead Mixed Use — 2 to this site, as part of the Lionshead Redevelopment Master Plan study area, is consistent with the above purpose statement. The rezoning will further the goals of the Town of Vail, and ensure consistency with the Lionshead Mixed Use — 2 Zone District. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and Our Analysis: The Arterial Business Zone District was originally adopted in 1982. At the time, the entire Vail Valley was a different place. The population of the entire county in 1980 was just under 15,000. Today, it's estimated to be over 50,000. Beaver Creek Mountain opened in 1980. The Lionshead Parking Structure was completed in 1980. The Vail Professional Building was constructed in 1985 and Cascade Crossing was constructed in 1990. Twenty -five years ago, the idea of a "billion dollar" renewal of Vail was unfathomable. The ABD Zone District is primarily a zone district intended for strip mall development. This site is no longer appropriate for this out -dated form of development. Furthermore, the designation of the Glen Lyon Office Building as part of SDD #4 is no longer appropriate for the site. Due to the physical separation from the remainder of SDD #4, and its proximity to Ever Vail, a zoning designation of Lionshead Mixed Use — 2 is more appropriate so that the entire site can be planned as one development site. Ever Vail (Rev. 12.21.10) 37 VI. SDD Major Amendment A. Introduction to the SDD Major Amendment In addition to the rezoning request, the elimination of the Glen Lyon Office Building is a major amendment to Special Development District #4: Cascade Village. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions ". or 12 -15 -5, "Additional Gross Residential Floor Area (250 Ordinance) ". of this title. B. Review Criteria for the SDD Major Amendment "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. Because this is a unique application to remove an area from an existing Special Development District, many of the criteria are not applicable. 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: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. This property was specifically added to the Lionshead Redevelopment Master Plan by Resolution No. 26, 2008 adopted in February of 2009 NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF by the Vail Town Council. I VAIL, COLORADO, THAT: The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. The Council hereby approves Land Use Plan map amendment, pursuant to Section 8 -3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for properties known as "Cascade Crossing ", 'Vail Professional Building' (Future "Ever Vail "), and `Glen Lyon Office Building' located at 953, 1031 and 1000 South Frontage Road West. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 2n day of September, 2008. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the uses, both permitted and conditional uses, of the Lionshead Mixed Use - 2 zone district. As indicated in the Zoning Analysis included with the full Ever Vail (Rev. 12.21.10) 38 Ever Vail submittal, the Ever Vail project complies with the density standards of the zone district. For uses which require it, conditional use permits have been applied for. This property was specifically added to the Lionshead Redevelopment Master Plan by Resolution No. 26, 2008 adopted in February of 2009 by the Vail Town Council. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed Ever Vail development meets the parking and loading requirements as outlined in Chapter 10. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: In September of 2008, the Town Council voted to amend the Vail Land Use Plan by Resolution No. 19, Series of 2008, which stated: This Resolution clearly indicated that the Town's intention for redevelopment of the Glen Lyon Office Building would be under the guidance of the Lionshead Redevelopment Master Plan. RESOLUTION NO. 26 Series 2008 A RESOLUTION APPROVING AN AMENDMENT TO THE LIONSHEAD REDEVELOPMENT MASTER PLAN TO INCORPORATE THE PROPERTY KNOWN AS GLEN LYON OFFICE BUILDING SITE INTO THE LIONSHEAD REDEVELOPMENT MASTER PLAN AREA AND ADOPTING SITE SPECIFIC RECOMMENDATIONS FOR THE GLEN LYON OFFICE BUILDING SITE, LOCATED AT 1000 SOUTH FRONTAGE ROAD WEST/ LOT 54. GLEN LYON SUBDIVISION. AND SETTING FORTH DETAILS IN REGARD THERETO. Furthermore, early in 2009 and following review that same year, the Town Council voted to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office Building as part of the Lionshead area, with Resolution No. 26, Series of 2008. The amendments included by this resolution have been incorporated into the proposed development on this site, including all standards which are more restrictive than the Lionshead Mixed Use - 2 zone district. This proposed amendment conforms with the applicable elements of the Vail Comprehensive Plan. 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 for this site. Portion of the site are in excess of 40% slopes, but no development is proposed in these areas. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. 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. Ever Vail (Rev. 12.21.10) 39 Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Our Analysis: A Traffic Impact Study has been submitted as part of the Ever Vail project which addresses this criteria. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. I. 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: Cascade Village is substantially complete and the removal of the Glen Lyon Office Building has no impact on the phasing plan of the Special Development District. Ever Vail (Rev. 12.21.10) 40 VII. Text Amendment A. Introduction to Text Amendment Note: The text amendment was reviewed by the Planning and Environmental Commission, who forwarded a recommendation of approval to the Town Council on January 11, 2010, following a recommendation of approval by Town Staff. As the Town Council has not yet reviewed the text amendment, this section is included in this document, but does not require further action by the Planning and Environmental Commission. Section 12 -1 -19 is requested to be amended to include the Ever Vail Subdivision to be within the Core Area Parking Requirements. Specifically, this section would be amended as follows (text to be deleted is indicated in strike - through; text to be added is indicated in bold): 12- 10 -19: CORE AREAS IDENTIFIED: Tables 1 and 2 (Core Area Parking Map attached to the ordinance codified herein, and available for inspection in the office of the town clerk) shall be used to identify properties within Vail's commercial core areas for parking purposes. In addition to the text amendment, the following map will be included in the amendment (final map to be coordinated with Town Staff): Core Area Parking Map Recognizing Ever Vail as a mixed -use development and as an additional neighborhood of Vail, the Core Area parking requirements are more applicable for the following reasons: • Availability of public parking in close proximity; • People accessing residential and retail and skiing are only making a single trip and need only one parking space or less (mixed use); • Destination skiers do not always have a car and are shuttled to hotels /residence; Ever Vail (Rev. 12.21.10) 41 LEGEND o i rs zw . PROPOSRy COMMERCIAL CORE AREA - COMMERCIAL CORE AREA ® PARMU GM CA • Availability of share car; • Gondola access to the mountain; • Shared vehicle program • Access to in town shuttle and other bus routes; • Inclusion of a transit facility on -site for regional and local buses One of the recommendations of the planning process associated with the Lionshead Redevelopment Master Plan was to look at the parking requirements of the Vail Village and Lionshead areas to study the Town's parking requirements and the needs of these areas. During the summer of 1999, the Town hired the firm of Felsburg, Holt & Ullevig to conduct an in -depth analysis of parking generation in Vail's commercial core areas. The primary purpose of the study was to determine the influence of external factors (mixed uses, transit /pedestrian trips, hourly variations in business activity) on parking generation. In 2000, the Town adopted the Core Area Parking Requirements for certain areas of Town — Vail Village and Lionshead. At the time, the redevelopment of West Lionshead into Ever Vail was not a consideration. Ever Vail will be a mixed use development, emphasizing alternative means of transportation and an extension of the Lionshead Area. LEGEND: ­11T R/SSENG © PEOESTRI&N ONLY fAU T�•uSE� LOYEREO LiLYRE R.tLNG ORGPgFF.NEA MOTET SR�TTLE �� ' P;UQ�uMG EIRRI.rv[E W -1 • W V W -3 W.3 J CRRLT04 E -INT R:.Nr G � Including Ever Vail in the Core Area Parking Requirements is not an across the board reduction in parking requirements. For some uses, the parking requirements are actually more stringent. The Core Area Parking Requirements reflect what historically has occurred in the core areas and more accurately reflect the needs of the core areas. The following table provides a general breakdown of the parking requirements and obligations based on the Lionshead Redevelopment Master Plan: Use Code or Master Plan Public or Private Total Spaces Provided Residential Code Requirement Private 457.8 Commercial Code Requirement Public 314.5 Ever Vail (Rev. 12.21.10) 42 Use Code or Master Plan Public or Private Total Spaces Provided Skier Parking Master Plan Recommendation Public 400 Replacement Parking Master Plan Recommendation Quasi - public 289 TOTAL (Code Requirement + Obligation): 1461.3 Reduction TOTAL SPACES PROVIDED: 1478 Comparison of Core Area Parking Requirements to Non -Core Area Parking Requirements: Use Quantity Core Area Parking Req. Not Core Area Parking Req. With Allowable With Allowable Reduction Reduction Dwelling Units 381 1.4 per unit 413.39 if du >2000 sf, 2.5 / if 714.38 du <2000, 2 Accom. Units 102 per unit 55.34 .4 per au + .1 per 100 sq. ft. 30.60 1.7 1 of GRFA EHU 41 1.4 per unit 44.49 <500 sf, 1.5 / if less than 61.50 2000 sf, 2 Hotel 4,980 1 per 330 sf seating area 11.70 1 per 120 of seating floor 31.13 Conference area Meeting 2,485 1 per 165 sf seating area 11.67 1 per 120 of seating floor 15.53 Room area Restaurant 11,307 1 per 250 of seating floor 35.05 1 per 120 sf of seating floor 70.67 area area Retail 34,053 2.3 per 1000 sf net floor area 60.70 j 1 per 300 sf of net floor area 85.13 Children's 12,172 1 per 1000 sf net floor area 9.43 set by PEC (calc'd at 1/1000) 9.13 Services* Spa* 9,950 1 per 1000 sf net floor area 7.71 set by PEC (calc'd at 1/1000) 7.46 Office 34,669 2.7 for 1000 sf net floor area 72.54 1 per 250 sf net floor area 104.01 Maint. Facility 1 j estimated need of 50 spaces 50.00 estimated need of 50 spaces 50.00 TOTAL Core Area Parking Requirements 772.02 TOTAL Non -Core Area 1179.54 REquirements *Spa and children's services are set by the PEC, but calculated at 1 per 1000 sf of net floor area in accordance with previous approvals B. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment. For the purposes of this application, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 12 -1 -2: PURPOSE: Ever Vail (Rev. 12.21.10) 43 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. In addition, Section 12 -10 -1 of the Zoning Regulations provides the purpose of the Parking and Loading Chapter: 12 -10 -1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. While many of the purpose statements are not necessarily applicable to this particular code amendment, it is important to note that it does further many of them. Including Ever Vail into the core area for parking requirements means that the parking provided will more adequately meet the demand. This demand has been established by numerous studies completed by the Town. Parking will almost entirely be provided below -grade or in structured parking, minimizing the visual and aesthetic impacts of parking. Most importantly, this amendment promotes adequate and appropriately located off street parking facilities. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Ever Vail (Rev. 12.21.10) 44 Our Analysis: A complete analysis of the Lionshead Redevelopment Master Plan has been included in a previous section of this document and provides support for this amendment. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Our Analysis: While this text amendment is considered independent of the other applications submitted for Ever Vail, it is necessary to consider the development as a whole to understand why the Core Area Parking Requirements are more applicable to this site. The Core Area Parking Requirements as codified today were reviewed and adopted in 1999 and 2000, immediately following the adoption of the Lionshead Redevelopment Master Plan in 1998. While it was understood that the West Lionshead area was likely to redevelop in some manner, the properties were owned by a number of different entities, and it was not thought that this area would be under single ownership and could be developed in a more comprehensive manner. More importantly, neither a ski lift, a public parking structure, or a transit center were considered for this site at the time of adoption. In the nearly 11 years since the adoption of the Lionshead Redevelopment Master Plan and the Core Area Parking Requirements, many factors have changed. In conjunction with the Ever Vail parking structure, the Applicant is planning many transit uses on -site, which will allow in -town buses and the ECO Bus system to provide service to this site. Finally, the Applicant is moving forward with the LEED for Neighborhood Development certification process. To be certified, Ever Vail will be a multi-modal transit community, where all forms of transportation will be encouraged and, in some cases, mandated. The intent is to maximize public transit to the site and the proposal includes: • Bus drop- off /pick up on the east side of the site. • Skier drop -off spaces on the east side, along with substantial short -term drop -off spaces in the west side parking structure to accommodate DEVO drop -off and other parking needs at other times of the week. • Extensive connections to Town pedestrian and bicycle networks. • Hotel shuttle drop -off and pick -up locations onsite. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: The proposal to include Ever Vail in the Core Area parking requirements furthers the Town's goals of providing parking adequate to serve the uses of the development. In addition, the amendment allows for additional parking to be provided for the public, rather than allocated for private use. Maximizing public parking is a stated goal of the Town of Vail. S. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Ever Vail (Rev. 12.21.10) 45 VIII. Conditional Use Permits A. Introduction of the Conditional Use Permits The Applicant is requesting conditional use permits to allow for the following uses: • Private parking structure (including transit facilities) • Maintenance Facility • Gondola • Multiple - Family residential dwelling units on the first floor and garden level • Professional office on the second floor and at garden level • Recreation facilities • Conference and meeting space on the garden and basement levels These uses are all conditional uses listed in the Lionshead Mixed Use — 2 Zone District. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town Code. The purpose of this chapter is as follows: 12 -16 -1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. B. Review Criteria for a Conditional Use Permit 1. Relationship and impact of the use on development objectives of the town. Our Analysis: To be the Premier Mountain Resort Community... The Applicant shares this vision with the Town of Vail. It is the Applicant's intent to further this vision through the addition of world -class facilities in Ever Vail. This vision is further supported by stated development objectives of the Town of Vail. The purpose statement of the Lionshead Mixed Use -2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. Ever Vail (Rev. 12.21.10) 46 This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review the conditional use permit applications. The LRMP is discussed in a previous section of this document and should be referenced in support of this section. Each of the conditional uses proposed are specifically identified in the LRMP as priorities for this site. These uses are consistent with the development objectives of the Town of Vail. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Our Analysis: The addition of the public /private parking structure, with substantial transit facilities, will have positive effects on the above criteria. The addition of a new portal through the new gondola onto the ski mountain will serve to disperse skiers, allowing additional choices for their point of entry onto the mountain, as the study of skier distribution indicates (see study under separate cover). The new gondola and the parking structure are integral in the ability to serve the population by providing both a new lift and the parking necessary to serve the new lift. In addition, this will help to alleviate congestion in lift lines in the Village and Lionshead, by providing skiers with an additional choice to park to access the mountain as well as substantially reducing parking which occurs on the Frontage Road. The maintenance facility is completely subterranean and is a much needed improvement to an outdated facility. The additional recreation facilities, including the new indoor climbing wall and improvements to the Gore Creek and Red Sandstone Creek corridors will improve both active and passive recreational uses throughout the Town of Vail. Finally, the new conference and meeting space will help to reduce the seasonality of the Town of Vail, by providing substantial new meeting space to enhance the existing group business in Town. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Our Analysis: The Applicant and the Town of Vail are working with CDOT in the re- alignment of the Frontage Road and CDOT is very supportive of the proposed re- alignment. In addition, the Applicant is providing several transit stops both within the proposed transit center and at the street level in front of the proposed market to serve the parking and the overall West Lionshead area. The ski lift will be in close proximity to the proposed parking structure, allowing for skiers to safely walk from the parking structure to the proposed ski lift. Having a gondola to service the skiers parked in the public parking structure allows for less impact on the Town's transportation system. In addition, with Mountain Operations below grade, there is no impact of the snow cats on the public road system. The other proposed conditional uses have no impact on this criteria. Ever Vail (Rev. 12.21.10) 47 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: The proposed parking structure is an integral part of the proposed mixed -use hub that Ever Vail is envisioned to become. The maintenance facility will be completely subterranean and have no impact to surrounding uses, which is a substantial improvement over the existing facility. The other proposed conditional uses are integrated into Ever Vail, and have no impact on increasing the scale and bulk of the project. Ever Vail meets the height limitations of the LMU -2 zone district, and the substantially more restrictive limitations of the Lionshead Redevelopment Master Plan. Ever Vail (Rev. 12.21.10) 48 IX. Major Exterior Alteration A. Introduction to the Major Exterior Alteration In the Lionshead Mixed Use — 2 Zone District, a Major Exterior Alteration is required for the following types of projects: 12 -71 -7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12 -3 -6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. B. Review Criteria for the Major Exterior Alteration The Lionshead Mixed Use -2 Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a description of the "compliance burden." 12 -71 -8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 2 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 1. Purpose of the LMU -2 Zone District Our Analysis: The Lionshead Mixed Use 2 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. It intended to create incentives for properties to redevelop. The purpose of the LMU -2 zone district is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant Ever Vail (Rev. 12.21.10) 49 lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. All the uses proposed at Ever Vail are listed in the Lionshead Mixed Use — 2 Zone District as permitted or conditional uses. As stated in the purpose statement and as a stated goal of Ever Vail, the goal is "to create an economically vibrant lodging, housing, and commercial core area." The redevelopment of West Lionshead into Ever Vail is consistent with the purpose of the Lionshead Mixed Use — 2 Zone District. 2. Lionshead Redevelopment Master Plan Compliance Our Analysis: A complete analysis of Ever Vail's compliance with the Lionshead Redevelopment Master Plan has been provided in a separate section of this document and should be referenced with respect to this section. 3. Character of the Neighborhood Our Analysis: The existing uses in the West Lionshead area could be considered light industrial — the Vail Mountain maintenance facility, old Vail BP site (temporarily a parking lot), and the ERWSD treatment facility. While the maintenance facility will remain at Ever Vail, the facility will be relocated to an underground location, greatly improving the character of the neighborhood. Direct neighbors to Ever Vail include the following: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use — 1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort are the nearest neighbors to the west, and other than the Glen Lyon Office building, is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building is the nearest neighbor to the south, and is zoned General Use. • North: Ever Vail will generally be bound by the relocated South Frontage Road and I -70 right -of -way to the north. The proposed development at Ever Vail will vastly improve the character of the neighborhood. The existing strip mall development will be eliminated, and a new sustainable, economically vibrant, and aesthetically pleasing development will replace it. Ever Vail (Rev. 12.21.10) 50 Existing Conditions: at II 4. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this document and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. Ever Vail (Rev. 12.21.10) 51 X. Housing Plan I. CALCULATION METHOD A. Existing Conditions The following table summarizes the existing uses within Cascade Crossing, the Vail Professional Building, the old Vail BP, and the Glen Lyon Office Building, to establish the existing commercial uses on the Ever Vail site: Use Cascade Vail Vail BP Glen Lyon Total Eating and Drinking Establishment Crossing Professional Spa Office 21 Office 4,833 Building Children's Services Building 39 Retail 8,584 1,938 3,374 0 13,896 Eating & Drinking 1,479 0 0 0 1,479 Establishment Office 1,020 17,987 0 10,829 29,836 COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodation units, general retail, grocery, liquor and convenience, recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking establishments, service oriented businesses, or similar uses. RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single - family dwellings, two - family dwellings, multiple family dwellings, fractional fee club units, lodge dwelling units, attached accommodation units, and timeshare units. B. Net New Commercial Development for Ever Vail The following table summarizes the proposed uses, the net new square footage of each use, and the employees generated by the net increase in square feet in Ever Vail: Use Net New Sq. Ft. or Units Employees Generated Retail 17,631 42 Eating and Drinking Establishment 20,858 141 Spa 9,950 21 Office 4,833 15 Children's Services 12,172 39 Conference 9,807 8 Hotel 102 units 71 Total 338 20% Mitigation Rate 67.53 Total Commercial Linkage Requirements: 67.53 employees C. Net New Residential Development for Ever Vail Residential Development Increase = Inclusionary Zoning Inclusionary Zoning requirement = 10 percent of net new residential sq. ft. Ever Vail (Rev. 12.21.10) 52 The following table provides the calculation for the Inclusionary Zoning Requirement for Ever Vail: Inclusionary Zoning EHU Requirement Net New GRFA 571,318 sq. ft. Generation Rates (10% of net new) TOTAL IZ EHU SF required 57,131.8 sq. ft. D. Mitigation Method Commercial Linkage: The total Commercial Linkage (CL) employee housing requirement is to house 67.53 employees. We are proposing to meet 64% of this requirement on -site, through the provision of dorm -style units. Employees Generated: 67.53 Dorm -Style Unit SF: 1,200 sf per unit Employee Per Dorm -Style Unit: 4.8 Number of Dorm -style Units CL Requirement: 9 units Number of Employees Housed On -Site: 43.2 employees (64 %) Remaining Off -Site Requirement: 24.33 employees Inclusionary Zoning: The total Inclusionary Zoning (IZ) employee housing requirement is 57,131.8 sf. The on -site requirement will be met with the remaining dorm -style units and the for -sale employee housing provided on -site. The remaining requirement will be met through the provision of off -site units. This equates to the following: Total IZ Requirement: 57,131.8 sf For -Sale EHU sf: 39,555 sf Total On -Site IZ Requirement met: 39,555 sf (69 %) Remaining Off -Site IZ Requirement: 17,576 sf • Total Employee Housing Requirement Met On -Site: 67% (49,518 sf) • 64% of CL requirement • 69% of IZ requirement • Remaining Off -Site Employee Housing Requirement: 33% (24,414 sf) 2. PLANS A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12 -24 -3, Building Requirements. The typical EHU floor plan includes four - bedrooms, two full baths, living area, dining area, and kitchen, totaling 1,200 sf. 3. LOT SIZE The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable 4. SCHEDULES A timeline for the provision of any off -site EH Us. 8 112 1 I �� SR #3 li t p1NING - BR #4 - BATH KITCHEN BATH C TYPICAL EHU - 1,200 5F Ever Vail (Rev. 12.21.10) 53 Deed restrictions for off -site units will be provided in accordance with the TCO Sequencing Plan as provided under separate cover. S. OFF -SITE UNITS A proposal for the provision of any off -site EHUs shall include a brief statement explaining the basis of the proposal. The Applicant is proposing to meet 64% of the Commercial Linkage Requirement and 69% of the total Inclusionary Zoning Requirement, for a total of 67% of the total EHU requirement. The remaining 33% or 24,414 sf requirement will be met off -site, as is allowed by the Town Code. Providing off -site units will afford a benefit to the Town of Vail, as it will immediately have employee units in place. 6. OFF -SITE CONVEYANCE REQUEST A request for an off -site conveyance shall include a brief statement explaining the basis for the request. Not Applicable 7. FEES -IN -LIEU A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. There will be no fee -in -lieu. 8. WRITTEN NARRATIVE A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town's Comprehensive Plan. A. Chapter 12 -24 -1 The purpose of Chapter 12 -24 -1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. Chapter 12 -23 -1: The purpose of Chapter 12 -23 -1 is as follows: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. As indicated, the Applicant is proposing to meet approximately 67% of the employee housing requirement on -site, exceeding the Town's minimum requirement of 50 %. It is the intent of the Applicant that Ever Vail is a vibrant community within the Town, with a mix of residents. With the mix of unit types, and both for -sale and rental housing, Ever Vail will be providing for employee housing at a variety of income levels, mitigating the impact of both residential and commercial development. In addition to meeting the Town's requirements, the Applicant will be restricting the occupancy of some of the employee units to lower income residents by using County AMI standards for affordability. B. Lionshead Redevelopment Master Plan. Ever Vail was recently included in to the Lionshead Redevelopment Master Plan study area. The following is taken from Chapter 4 of the Lionshead Redevelopment Master Plan: Ever Vail (Rev. 12.21.10) 54 4.9 Housing Recent community surveys and grass -roots planning efforts such as Vail Tomorrow have identified the lack of locals' housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 4.9.2 Visual Issues The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. At the time of the adoption of the Lionshead Redevelopment Master Plan, the practice of the Town of Vail was to require mitigation of the employees generated by a project. Neither the Town nor the Lionshead Redevelopment Master Plan ever anticipated the current requirements. As result, the employee housing provided by the Ever Vail development clearly exceeds the expectations of the Lionshead Redevelopment Master Plan and is therefore in compliance. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Ever Vail (Rev. 12.21.10) 55 Ever Vail complies with these statements from the Town of Vail Land Use Plan. Specifically, integrating the employee housing at Ever Vail into the project allows for employee housing to be slope -side and near their employment. Ever Vail (Rev. 12.21.10) 56 XI. Adjacent Addresses 210312109003 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 210312100005 000934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 81620 -0959 210312100004 001031 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312100002 000953 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312124001 000923 FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 210312109004 SUB:GLEN LYON SUBDIVISION LOT:39 -2 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1127 LAKE AVE GREENWICH, CT 06831 210107217002 000728 LIONSHEAD CIR VAIL CORP PO BOX 7 VAIL, CO 81658 000710 LIONSHEAD CIR VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 DANN PETER - Registered Agent PO BOX 5480 AVON, CO 81620 001000 LIONS RIDGE LOOP VAIL RUN RESORT COMMUNITY 1000 LIONS RIDGE LOOP VAIL, CO 81657 Vail Run Resort Community Assoc Inc William I Fleischer - Registered Agent 1000 LIONSRIDGE LOOP VAIL, CO 81657 210107217002 RCR Vail LLC 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 Gore Creek Place LLC 3901nterlocken Crescent, Broomfield, CO 80021 210312109005 ORRAS, IGNACIO 777 POST OAK BLVD 550 HOUSTON, TX 77056 210107216001 000846 FOREST RD EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 210107200001 210312109002 210312100010 210107200001 210106302004 210107218002 210107218001 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107217004 000825 FOREST RD GORE CREEK PLACE LLC PO BOX 7 VAIL, CO 81658 210107222004 JPSSE VAIL IMMOBILIERE LLC RUBEN DARIO 115 TORRE 2 602 MEXICO D.F. CP 11580 MEXICO 210107222003 3 GCP INC AV CHAPULTEPEC 18 MEXICO DF 06640 MEXICO 210107222002 MARK GREENHILL REV TRUST - ELIZABETH GREENHILL REV TRUST - MARK GREENHILL FAMILY DESCENDANTS TRUST 153 SHERIDAN RD WINNETKA, IL 60093 210107222001 CAREY, ROBERT B. 6912 E HUMMINGBIRD LN PARADISE VALLEY, AZ 85253 Ever Vail (Rev. 12.21.10) 57 210107222007 SHARE SYNDICATE XIII LLC ALISON BUCHHOLTZ 675 LIONSHEAD PL VAIL, CO 81657 210107222008 JANICE SAUVAGE TRUST NO 1 8650 W TROPICANA AVE 208 LAS VEGAS, NV 89147 210107222006 SCHICIANO, KENNETH 43 HIGHGATE RD WELLESLEY, MA 02481 210107222005 5 GCP INC AV CHAPULTEPEC 18 COL DOCTORES MEXICO DF MEXICO 2103 - 014 -01 -068 TELLEEN, DANIEL E. 122 E MEADOW DR VAIL, CO 81657 2101 - 063 -03 -015 JOSEPH O. BROUGHTON TESTAMENTARY TRUST 240 ASH ST DENVER, CO 80220 2101 - 063 -03 -016 BROUGHTON, JOSEPH O., JR & LINDA K. 240 ASH ST DENVER, CO 80220 2101 - 063 -03 -014 RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E. & MARTHA GRIFFITH DEAN TRUSTEES PO BOX 970 TONGANOXIE, KS 66086 SIMBA RUN CONDOMINIUM ASSOCIATION Farrow Hitt 1100 N FRONTAGE RD VAIL, CO 81657 BREAKAWAY WEST ASSOCIATION Christine A. Spaeth PO Box 3717, Eagle, CO 81631 BREAKAWAY WEST ASSOCIATION P.O. Box 1743, Vail, CO 81658 SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. Vail Tax & Accounting, Inc. BOX 5940 AVON, CO 81620 SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. PO BOX 1679 AVON, CO 81620 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 81620 2101 - 072 -11 -032 VAIL RESORTS DEV THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 2101 - 072 -23 -001 WDL VAIL CONDOMINIUM ASSOCIATION, INC. GRAHAM FRANK POST OFFICE BOX 959, AVON, CO 81620 THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION 728 W. LIONSHEAD CIRCLE VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DR, VAIL, CO 81657 LIFTSIDE, L.L.C. ABPLANALP LAW OFFICE, LLC SUITE 301 521 EAST LIONSHEAD CIRCLE VAIL, CO 81657 CASCADE CLUB ASSOCIATION DON MACLACHLAN 1300 WESTHAVEN DR VAIL, CO 81657 2103 - 121 -19 -001 2103 - 121 -00 -015 2103 - 121 -00 -012 L -O WESTHAVEN INC THOMSON REUTERS PTS 1125 17TH ST STE 1575 DENVER, CO 80202 XCEL ATTN: RICH SISNEROS PO BOX 1819 SILVERTHORNE, CO 80498 QW EST 591 CENTER CIRCLE PO BOX 739 SILVERTHORNE, CO 80498 Ever Vail (Rev. 12.21.10) 58 HOLY CROSS 3799 HWY 82 PO BOX 2150 GLENWOOD SPRINGS, CO 81602 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 WHITE RIVER NATIONAL FOREST 900 GRAND AVE. P.O. BOX 948 GLENWOOD SPRINGS CO 81602 VAIL RECREATION DISTRICT 700 S FRONTAGE RD EAST VAI L, CO 81657 EAGLE COUNTY AMBULANCE DISTRICT PO BOX 990 EDWARDS, CO 81632 COMCAST ATTN: TONY HILDRETH PO BOX 679 SILVERTHORNE, CO 80498 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAI L, CO 81657 CASCADE VILLAGE ASSOCIATION, INC. JULIE GRIMM 1000 S FRONTAGE RD WEST #200 VAI L, CO 81657 CASCADE VILLAGE METROPOLITAN DISTRICT ROBERTSON & MARCHETTI, P.C. 28 SECOND STREET, SUITE 213 EDWARDS, COLORADO 81632 All plans and programming are proposed, remain subject to governmental approvals (which have not yet been obtained) and no representations are made about the accuracy of any information for the final project. Any reference to size or square footage is approximate. Views are not guaranteed. All information presented in this notebook is proposed and all elements are subject to change or elimination without notice. The project is working towards LEED -ND certification and no representations are made regarding the final certification which will not be determined until the project is complete. The Ever Vail"" project is being developed by Ever Vail, LLC an affiliate of Vail Resorts Development Company. Designated trademarks are the property of Vail Trademarks, Inc. © 2010 Vail Resorts Development Company. Ever Vail (Rev. 12.21.10) 59 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2010 SUBJECT: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two parcels for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right - of -way. Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the preliminary plan subject to the findings and conditions outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of a preliminary plan to establish Parcels 1 and 2, Ever Vail Subdivision. The preliminary plan depicts the Colorado Department of Transportation (CDOT) frontage road right -of -way, easements to be granted to the Town, an open space easement over the extents of the Red Sandstone Creek, access easements for the Eagle River Water and Sanitation District site, and the two new parcels. The proposed new parcels are intended to facilitate the redevelopment of this area with the proposed Ever Vail project. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of the proposed preliminary plan (Attachment B) are attached for reference. III. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented amendments changes to the Lionshead Redevelopment Master Plan regarding West Lionshead, including the area now called Ever Vail. On January 26, 2009, the Planning and Environmental Commission held a work session at which a revised Frontage Road option was presented to both Staff and the Commission which had not been previously shown. The general consensus was that the Frontage Road was moving in the direction of addressing the concerns of the Commission. On February 17, 2009, the Town Council directed Staff and the applicant to proceed with the design of the South Frontage Road which contained certain improvements within a 20 -foot Town of Vail right -of -way. On February 18, 2009, the Design Review Board conceptually reviewed the proposed South Frontage Road and found the concepts presented for the proposed retaining wall and landscaping associated with the relocated South Frontage Road to be aesthetically acceptable with further review at a later date. On March 8, 2009, the Planning and Environmental Commission tabled this application due to concerns expressed by the applicant regarding Staff's recommendation questioning the future ability to shore under what was being proposed as a 20 -foot Town of Vail right -of -way. On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the width of the CDOT right -of -way containing the relocated South Frontage Road, the location of the 20 -foot right -of -way, and the location of a 3 -foot signage, lighting, and sidewalk easement. The Planning and Environmental Commission also approved the design and configuration of the relocated South Frontage Road. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for recommending approval, approval with conditions, or denial of a preliminary plan for a major subdivision. Town Council: The Town Council is the final decision making authority for a major subdivision and the adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Code: Title 13: Subdivision Regulations (partial) 13 -2 -2 Definitions 2 PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the planning and environmental commission for approval. SUBDIVISION OR SUBDIVIDED LAND: A. Meaning 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. 13 -3 Major Subdivisions (in part) 13 -3 -3, Preliminary Plan A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by the subdivider and /or his /her representative(s) to the planning and environmental commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to section 12 -3 -6 of this code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the planning and environmental commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1 " = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the director of public works or the administrator) to the department of community development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. d. Proposed streets, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6) and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. If utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2) if the site is two (2) acres or less; contour intervals of five feet (5) or less if the tract is more than two (2) acres, elevations to be based on USGS datum. g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 100 -year floodplain (verified by a registered professional engineer in state of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent land: The area within two hundred feet (200) from each subdivision boundary should be included in the preliminary plan to show its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural features. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40 %) slope or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable utility agencies verifying service. I. Indications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. VI SUROUNDING LAND USES AND ZONING Zoning No zoning designation Lionshead Mixed Use 1 SDD No. 4, Cascade Village Natural Area Preservation VII. SITE ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 4 Land Use North: Interstate 70 East: Mixed -use West: Mixed -use South: Open Space Zoning No zoning designation Lionshead Mixed Use 1 SDD No. 4, Cascade Village Natural Area Preservation VII. SITE ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 4 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70 %) Landscaping: 63,789.3 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70 %) Landscaping: 46,130 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations 5 VIII. APPLICATION CRITERIA AND FINDINGS Before recommending approval, approval with conditions, or disapproval of the limited elements proposed for the preliminary plan at this hearing, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff Resaonse: The redevelopment of the properties comprising Ever Vail began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan. In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The preliminary plan is the first step in implementing the applicable portions of the Lionshead Redevelopment Master Plan. This preliminary plan, if approved, establishes the CDOT frontage road right -of -way, a 20 -foot wide Town of Vail right -of -way, a 3 -foot wide signage, lighting, and sidewalk easement, an open space easement over the extents of the Red Sandstone Creek, an access easement for the ERWSD site, and the creation of two new parcels. Staff has reviewed the proposed preliminary plan and found it to be in compliance with the applicable elements of the Vail Comprehensive Plan. With regard to the Vail Land Use Plan, Staff believes that the preliminary plan will: • allow the Town to "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' by establishing the parcels necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; • protect the "environment including air, water and other natural resources.", through the a proposed open space easement and establishment of a development plan which is anticipating LEED certification; • improve the "quality of development' and become "upgraded" from the light industrial nature of the properties as new parcels will be of a size and configuration to accommodate a subterranean snow cat maintenance yard and parking as recommended in the Lionshead Redevelopment Master Plan; • protect the "stream tract' as it is a "desirable land feature" which should be available for "public use ", by establishing an open space easement over the extents of Red Sandstone Creek; • create partnership opportunities "to make existing facilities and the Town function more efficiently" by establishing a more efficient frontage road design incorporating a round -about and the frame work for the eventual construction of a Simba Run underpass; and create an opportunity to address "Day skier needs for parking and access" by establishing parcels of a size to construct an efficient subterranean parking structure as recommended in the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan prescribes a number of policy objectives. With regard to the Lionshead Redevelopment Master Plan, Staff believes that the preliminary plan will: • result in a "warmer, more vibrant environment for guests and residents" with an "appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character'; • "enhance guest experience and community interaction through expanded and additional activities and amenities ", - • allow for "improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds) through new lodging products" by including "live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental'; • improve "pedestrian, vehicular, bicycle and mass transit traffic'; through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop -off; • allow for upgraded infrastructure "to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents ", - and • allow for "Financially creative and fiscally realistic strategies" to raise "adequate capital ... to fund desired private and public improvements ", by the implementation of a Tax Increment Financing District for projects such as Simba Run underpass. With regard to the policy objectives of the Town of Vail Comprehensive Open Lands Plan, the preliminary plat will implement the recommended action identified for Parcel 19: Unplatted Vail Village, 2n Filing (Holy Cross Lot) which is the acquisition of a "conservation easement' on the area surrounding Red Sandstone Creek to "protect trees and stream." The rezoning of Parcels 1 and 2 is conditioned upon the recording of the Ever Vail Subdivision Final Plat. Staff believes the proposed preliminary plan complies with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, Title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff Response: The preliminary plan has been reviewed for compliance with all requirements of Chapter 13- 3, Major Subdivision, Vail Town Code. The two new parcels proposed within the Ever Vail Subdivision comply with the proposed Lionshead Mixed Use 2 District zoning should the commission choose to forward a recommendation of approval for a rezoning. Section VII of this memorandum provides a zoning analysis of the two proposed parcels. Staff believes the proposed preliminary plan being reviewed under this action complies with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The preliminary plan is the first step in establishing Parcels 1 and 2 of the Ever Vail Subdivision. The Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District zoning on the parcels will result in a harmonious, convenient, and workable relationship among adjacent land uses. All future development plans will be reviewed and approved for their compliance with the provisions of the Lionshead Redevelopment Master Plan which reflect in the community's development objectives which will result in harmonious, convenient, and workable relationships among land uses within Ever Vail and the adjacent properties. Staff believes the proposed preliminary plan complies with this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff Response: The redevelopment of the area known as Ever Vail will be of a scale which will have significant effects on the area. However, this development is located on the western edge of the Lionshead Core which contains several large scale projects. To the west of the proposed project is a distance of no development until the eastern edge of the Cascade Village development. The Eagle River Water and Sanitation District ( ERWSD) waste water treatment plant is located on the southeast corner of the proposed Ever Vail Subdivision. Representatives from the ERWSD have expressed concern about the effects of their waste water treatment process on future development adjacent to their site. They have requested that the documents associated with any development in proximity to the treatment plant discloses the nature of their facility and potential odor impacts. The purpose of the disclosure is to place property owners on notice of potential negative impacts. A copy of this letter is attached for reference (Attachment C). Staff believes that the effects of the proposed Ever Vail redevelopment will be positive to the surrounding areas as it will be a continuation of Lionshead and will provide for mixed -use development as regulated within the proposed Lionshead Mixed Use 2 District. The Lionshead Redevelopment Master Plan includes language requiring the stepping down of any proposed buildings on the site. This language was included to address the potential negative effects of allowing structures to achieve heights otherwise permitted within the Lionshead Mixed Use 2 District. The preliminary plan and associated Lionshead Mixed Use 2 District zoning in conjunction with the recommendations and regulations contained within the Lionshead Redevelopment Master Plan will result in positive impacts to surrounding properties. Staff believes the preliminary plan complies with this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed preliminary plan will result in the subdivision of land that accomplishes goals found within the Vail Comprehensive Plan. The proposed preliminary plan will not result in a in a "leapfrog" pattern or spatial patterns that causes inefficiencies in the delivery of public services, or requires duplication or premature extension of public facilities. The proposed Ever Vail Subdivision will plat existing properties which are currently developed and provided public services and utilities. Staff believes the proposed preliminary plan complies with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff Response: Per the requirements of 13 -3 -3C, Preliminary Plan, Vail Town Code, Staff sent a cover letter and attached plans to all the reviewing agencies identified within the Code. Per Vail Town Code the agencies were given 15 days to make recommendations or comment. Holy Cross Energy provided a comment regarding the location of their utility lines within Town right -of- way or within private easements, but in no case within the CDOT right -of -way. The applicant and staff are aware of this requirement and the applicant is prepared to provide private easements to all utilities which will have service lines within Ever Vail. ERWSD provided several comments and concerns. The applicant has met with ERWSD since receiving their letter to address their concerns and has included the access easement to the site on the preliminary plan. With the relocation of the South Frontage Road West and the potential for extensive subterranean improvements on the two new parcels most if not all of the utilities will be relocated, upgraded, and resized to accommodate the growth proposed within Ever Vail. Staff and the applicant's representatives have been working closely with several of the utility companies throughout the adoption of the amendments to the Lionshead Redevelopment Master Plan and through this process and the availability of services does not appear to be of concern for the utility companies. Staff believes the proposed preliminary plan complies with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: The proposed preliminary plan will result in the growth of an orderly viable community that serves the best interests of the community as it will accomplish multiple goals found within the Vail Comprehensive Plan. The incorporation of the properties found within Ever Vail into the Lionshead Redevelopment Master Plan resulted in amendments which identified the potential future redevelopment on the site with the ability to anticipate impacts and serve the interests of the community. The Town of Vail Public Works Department supports the layout of the South Frontage Road right -of -way and easement. The roadway design is consistent with the Vail Transportation Master Plan regarding the various modes of travel. The design accommodates the future Simba Run Underpass and provides flexibility in the final location of the actual underpass. The east roundabout configuration has been designed to handle additional capacity improvements if needed in the future. The proposed road design has been in the CDOT review process for nearly a year and has been moving though that process. Staff believes the proposed preliminary plan complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: The proposed preliminary plan and the possible redevelopment of the area will result in improvement and protection for Red Sandstone Creek and the incorporation of green building techniques within the project. The proposed redevelopment is anticipated to incorporate LEED design standards and other green building techniques. The preliminary plan depicts an open space easement placed over Red Sandstone Creek. The boundaries of this easement are proposed to be the extents of the 100 -year flood plain for the creek as modified as a result of the new South Frontage Road West bridge and improvements to the creek. A floodplain modification application will be reviewed by the Planning and Environmental Commission at a future hearing. The applicant has provided a document highlighting the intent behind the language which will be included within the open space easement which is attached for review (Attachment D). The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run -off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed preliminary plan complies with this criterion. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions the request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal 10 description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission makes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for review of a preliminary plan for the Ever Vail Subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right- of- way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VIII of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the preliminary plan is in compliance with the criteria listed in Subsection A of this section; and, 2. The subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, 3. The subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 4. The subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission apply the following conditions: "1. The applicant shall be required to enter into a subdivider's agreement with the Town of Vail, which shall detail all elements negotiated between the applicant and the Town prior to the approval of the preliminary plan by the Town Council. 11 2. This approval for a preliminary plan is contingent upon approval of the associated special development district major amendment application and the adoption of the proposed Lionshead Mixed Use 2 District zoning for the property. 3. The applicant shall submit the final plat for review and approval by January 10, 2012, per Section 13 -3 -6, Final Plat, Vail Town Code." X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed preliminary plan C. Eagle River Water and Sanitation District letter, dated January 5, 2011 D. Open Space Easement Intent Memorandum, dated January 4, 2011 12 Ever Vail - Preliminary Plan & Rezoning Request - Legend Existing Zoning Two - Family F Residential C Low Density I - Medium Dew Lionshead Mi Lionshead Mi Commercial Arterial Busin Outdoor Recr ® Natural Area - General Use ® Special Deve V A e Feet 0 100 200 400 Subject Property This —p vas Greeted by the T.— of Veil GIS Teem. IJ� ofthi, map 5 ,,Id be for general purposesonly. The Town of V ii d— not werrentthe ao—,, y ofthe Iniormetlon mntaii herein. (v�here ;hovui, parcel line vw k is appP xima[e) Last Modified. January 10, 2011 2nWNVFY INDARY le LINE F I IKIDI ATTC `di ELECTRICAL EASEMENT (BOOK 561 PAGE 191) (TO BE VACATED) UNPLATTED \ (RECEPTION No. 925920) / P / P 100 -YEAR FLOOD PLAIN LJ IZ 1-70 R.O.W. o to PARCEL 26B c I (REC. No. 105843 W PARCEL 2 5.295 ACRES AND 105844) z / I 0.304 ACRES 0 I � TRACT A 1.235 ACRES z Q / (RECEPTION No. 743424) (n OPEN SPACE EASEMENT Ld I (APPROXIMATE) ' FOLLOWING 100 -YEAR FLOOD PLAIN SUBJECT TO SEPARATE I RECORDED DOCUMENT �y1 (CROSS HATCHED AREA) R p Pp / l RON� PE E F � S001\A `R 0 W• vPC �j0 BE �I 0 0 bq 0 0 r . � U U.- a w a •w N M co N I 0 n 'ARCEL 'ARCEL 1 'ARCEL 2 TOTAL RD BEARING 58 °03'05 "E i6 °22'42 "W i9 °39'32 "W 59 °41'06 "E �c - n n'cn "r BOUNDARY LINE Gj AREA 289,758 SQ. FT 190,555 SQ. FT. 480,313 SQ. FT G� AREA 6.652 ACRES 4.375 ACRES 11.027 ACRES I PARCEL 2 5.295 ACRES w / P 1 -70 R.O.W. CENTER LINE P 100 -YEAR / \\ FLOOD PLAIN / 'o. N J IJ I I � I ki av r� i q K ACE P EASEMENT XI TWnTF FOLL INS 'f00 =YEAR FLOOD PLAT SUBJECT TO SEPARATE RE ORDED DOCUMENT ( OSS HATCHED AREA) I (IV 0 A qq w �r& F January 5, 2011 EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476 -7480 • FAX (970) 476 -4089 www.erwsd.org Mr. Warren Campbell Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Subject: Ever Vail Dear Warren, Thank you for the opportunity to comment on the Ever Vail applications (regarding the proposed amendment to Special Development District No. 4, Cascade Village, zone district boundary amendment, and preliminary plan) submitted by Vail Resorts Development Company (VRDC). We have reviewed the Town's referral package and we are currently working with VRDC to determine the conditions necessary to provide water and wastewater service to the proposed Ever Vail development. The proposed development is currently being processed through the Eagle River Water & Sanitation District's (District) Development Approval Process, which for this proposed development will include: • Determination of water rights dedication requirements; and • Determination of treated water storage requirements; and District Infrastructure Acceptance Procedure, which includes Construction Plan Approval, Construction Acceptance, and Final Acceptance. The Construction Plan Approval procedure includes the evaluation of the proposed infrastructure; and the impacts that the proposed development will have on existing water and wastewater systems, including the capacity and function of distribution, collection, and treatment facilities, and operations and maintenance impacts. Regarding the water rights dedication, the District will require the submission of a Water Demand Worksheet from VRDC for the proposed development. Proposed water demands will be evaluated in order to determine the amount and timing of water needed to serve the proposed development and, alternatively, the dollar amount of a cash payment in lieu of a water rights dedication, if such cash payment is approved by the District Board of Directors. We have not yet received a proposal for the dedication of water rights or indication of a request for an alternative cash payment in lieu of a water rights dedication from VRDC. The physical relationship of Ever Vail to the District's Vail Waste Water Treatment Plant (VWWTP) and its future Vail Drinking Water Facility (VDWF), together with the realignment of the South Frontage Road, pose challenges that must be addressed by VRDC and the Town for the District to continue to provide reliable water and sanitation services to the Town's residents, businesses, and guests. As such, we request that the Town make any and all approvals of Ever Vail subject to the following conditions: A V WATER, WASTEWATER, OPERATIONS He MANAGEMENT SERVICES 4\ Page 1 of 3 Mr. Warren Campbell January 5, 2011 1. Preservation of vehicular access to the VWWTP upper parking deck from Forest Road. As you are aware, a portion of the existing driveway to the VWWTP upper parking deck lies within the South Frontage Road right of way. There is no other feasible means to access the upper parking deck. As such, we request that VRDC be required to convey to the District that portion of the vacated South Frontage Road right of way necessary for access to the parking deck. 2. Preservation of vehicular access to the western portion of the District's property (on which the VDWF will be located) through Ever Vail. As you are aware, the District currently accesses the western portion of its property directly from the existing South Frontage Road. There is no other feasible means to access the western portion of the District's property. As such, we request that VRDC be required to grant to the District an easement through Ever Vail to access the western portion of its property where the VDWF will be located. Access through Ever Vail must be sufficient for large vehicles such as fire trucks, concrete trucks, and construction equipment, including cranes. Without such access, maintenance and upgrades of the VWWTP, and construction of the VDWF will not be feasible. 3. Protection of the Town and the District from nuisance lawsuits. We believe some buyers and tenants of residential and commercial properties within Ever Vail may become unhappy with the proximity of their homes and businesses to the VWWTP and the VDWF. As such, we request that VRDC: a. disclose to prospective buyers and tenants the existence and locations of the VWWTP and the VDWF and their potential impacts; b. obtain an acknowledgement from all owners and tenants of the existence, locations and potential impacts of the VWWTP and VDWF; and c. obtain a waiver and release from all owners and tenants of all claims against the Town and the District and a covenant not to sue the Town or the District with respect to the VWWTP and VDWF. We request that these concepts be documented in (a) all public offering documents, contracts and leases used in connection with the marketing, sales, and leasing of homes and commercial spaces within Ever Vail and (b) one or more documents recorded against the Ever Vail property, such as the subdivision plat, master association declaration and condominium declarations. As before, we also request that all future application materials label our property as "Sewage Treatment Plant." 4. Coordination of the Town's approval process with the District's Development Approval Process. This coordination of approvals between our two entities will assure that water rights and the water and wastewater service issues, including those listed above, are resolved before construction on the proposed development proceeds. Page 2 of 3 Mr. Warren Campbell January 5, 2011 5. Creation of setbacks necessary to ensure that future construction on our site can be effectively achieved. Building to the property line, by either the District or VRDC, will restrict future access and could hinder the ability of the District to provide reliable and cost - effective operations to our service area within the Town; 6. All sewage from Ever Vail should be directed to the VWWTP. For purposes of water rights administration, preservation of stream flows, and maximization of the water available for snowmaking, as much water use by Ever Vail as possible should be returned to Gore Creek at the outfall of the VWWTP. 7. VRDC provide the District with easements across Ever Vail north of Gore Creek suitable for gravity fed sewer mains running from east to west in the event the District relocates the VWWTP to the west or creates a sewer collection system leading to a down valley plant. 8. The District be treated in the same fashion as VRDC's proposed metropolitan districts -- meaning that, like the Ever Vail metropolitan districts, the District will receive the taxes generated by its mill levies on Ever Vail instead of the Vail Reinvestment Authority. The District will incur significant capital and operational costs to serve Ever Vail. Such costs should be paid by our Ever Vail customers who benefit the most from such costs, not by the District's existing customers. The District staff and Board of Directors believe that adequate resolution of these issues is crucial to the continued high quality drinking water and wastewater treatment services provided to the residents, businesses, and guests of the Town of Vail. Because of the complex nature of this project's application and the importance of the District's concerns to the community, we suggest a meeting between the District and Town staffs to review issues of mutual concern. Again, thank you for the opportunity to provide input in the Town's review of this proposed development. Sincerely, nn Broo Assistant General Manager Eagle River Water & Sanitation District cc: Dennis Gelvin Diane Johnson Jim Collins Glenn Porzak Kevin Kelley Tom Miller Page 3 of 3 u Mauriello Planning Group MEMORANDUM TO: Warren Campbell, Chief of Planning FROM: Mauriello Planning Group DATE: January 4, 201 1 RE: Red Sandstone Creek — Proposed Open Space Easement Below is the criteria and intent for the open space easement for Red Sandstone Creek. We envision these criteria and restrictions being incorporated in a formal easement document at final plat. • The open space easement will generally follow the proposed 100 -year flood plain line as proposed by the application (i.e., after the 100 -year line is revised); • The easement is provided to the Town of Vail and is intended to allow public access to the easement area and creek for recreational purposes including walking, fishing, and similar recreational activities consistent with the use of open space; • The easement also will allow the Applicant the right to utilize the property for grading, drainage improvements, utilities, bridges, footpaths, benches, signage, maintenance and other resort oriented activities; • The Applicant retains the right to restrict public access occasionally for special events and maintenance /restoration of the easement area subject to coordination with the Town of Vail; • The area included in the open space easement will count towards the area in the overall project site for all zoning purposes under the Vail Town Code; and • The applicant and the Town of Vail shall work cooperatively to document any use restrictions to be included in the easement. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14- 10 -51-1, Building Materials and Design, Vail Town Code, to amend regulations for solar panels, and setting forth details in regard thereto. (PEC100055) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, for amendments to Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for changes to the solar energy device regulations. Staff initiated the proposed amendments after requests from homeowners and solar installers when the existing regulations proved to be too restrictive. As a result, Staff is proposing amendments to the existing solar energy device regulations that allow solar panels to extend onto eaves and extend up to one foot above roof ridges. The proposed regulations also provide guidelines for ground mounted panels. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. DESCRIPTION OF THE REQUEST The following issues have been identified regarding the existing solar energy device regulations: • The 2 -foot setback rule limits many solar installations due to economic feasibility and limited, complicated, appropriate roof space for solar gain. The rule may also not achieve any aesthetic gain, as in some cases, a flush mounted solar system that extends to the edge of a roof eave may be more architecturally integrated than one that is setback from the eaves ( "a square within a square "). • The current regulations are prescriptive, and do not allow for a performance -based process. • The current regulations allow for panels to no higher than the roof ridgeline, limiting solar access and installations on many roofs in Vail, particularly with a low sloping roof. • Visibility vs. Performance — installations need to be placed at certain angles on south - facing roofs for optimal performance, which does not always allow them to be hidden from view. In addition, if the solar system does not achieve a minimum performance level, it is not eligible for certain state rebates, making it uneconomical. 1 • Painting hardware associated with solar systems will void a warranty. Ordering the hardware in black, or simply spray - painting the ends of a flush- mounted system should be appropriate. The proposed amendments are summarized as follows: • The current regulations allow panels to project up to 8 feet from the attached roof plane. The proposed regulations would add language to require panels only to project the minimal distance, up to 8 feet, necessary to achieve optimal panel angle (40 to 50 degrees). • Flexibility is provided in architectural integration for installations on existing buildings. • Guidelines are added for screening of panels. • The proposed regulations allow panels to project up to one foot above roof ridges, while current regulations require that panels not project above roof ridges. • The proposed regulations allow panels to extend to roof eaves, amending the current requirement of a 2 foot buffer from roof eaves. • The proposed regulations allow roof and fagade mounted panels to project up to four feet into required setbacks. • The proposed regulations address ground mounted solar panels, allowing them only when the Design Review Board determines there is no practical ability to install on a structure on the property. The proposed regulation amendments to Title 14, Development Standards, Vail Town Code, are as follows (text to be deleted is in text that is to be added is bold): 14- 10 -5H, Building Materials and Design (in part): 14 -10 -5: BUILDING MATERIALS AND DESIGN: H. Solar Energy Devices: 1. Solar energy devices should be installed on building facades and roof planes rsefs and oriented for energy production, except as permitted by Section 14- 10-5H-11 of this Code. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved through a 40 to 50 degree orientation. 2. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 3. Solar energy devices may be screened to minimize visual impact with a false fagade, roof plane or parapet walls integrated into the overall design of the building. 4. Solar energy devices may project not more than four (4) feet into a required vna y e inst�llorl n thn ro 61 96 soth�nLs �n ov i ist g stn Unti gyros 'F setback area. �; rrcrn 1 — rcc�r mca�ccm- rvnv- vrrcic�rvcm�TCravcsn cv-ir tho str�intUre is iegagy nnnnnnfnrminn nr normitted to en nh into tho soth _QnL 5. Solar energy devices shall not be included in calculation of building height. 6. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 7. Solar energy devices shall project no further from the building fagade or roof plane than the minimum distance necessary to achieve a 40 to 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8) from the building fagade or roof plane Pr far_Qde to which the solar energy device pap, is attached. 8. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper, solar energy device shall extend no higher than one (1) foot above the 2 ridgeline. C^ vvluir EJP deWGes s i� 2r th� ac the evicti g adjent TP 8.4 ne f t ewtE Cl'Tti GT'!G'CTTI 4GTT rdgeline en - GG fs K4th nit^hec G f three to twe R - 171 er gFeater 9. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. he inct -lle^l within Anie Feet (29 G f a reef Giye er reef save i / c n e / ?•171 ew he�r^l ch -ll make ,�, es —res� e � e t�t�v n (342) th e es+g� —Kev +� a 10. Solar energy device framing, brackets and associated equipment shall b black or a color that matches adjacent building surfaces a the ^f the - a '_ n No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 11. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building fagade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage and shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. Q ? aPd 4 e�F e n fer vice ai n aPa n G f r h n vee- f+�l�Kes��, G- �,�-- r-ort- NHS- Sf+, e�cpr� ,- r�rtti6�r,-- or- �e��,�rti6� „o- The following are pros and cons for adopting the proposed amendments: PROS: • The amendments would allow panels to extend to the edge of a roof eave and up to the ridge, allowing for more panels to be installed on smaller roof areas. • The amendments provide more detailed guidelines for applicants. • The amendments allow for staff approvals for installations that clearly meet all guidelines and requirements, and provides a mechanism for design review board review for projects that meet all requirements but questionably meet guidelines. CONS: • The amendments would allow solar energy devices to be visible above a roof ridge, which may impact visibility, bulk and mass. • The amendments do not address commercial applications such as solar utility installations in the form of solar fields. • The amendments create additional regulations that may be viewed by applicants as requiring further regulation. III. BACKGROUND On May 4, 2010 the Vail Town Council approved on second reading Ordinance No. 3, Series 2010 amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations and setting forth details in regard thereto. Amendments were made in keeping with the Town of Vail's commitment to environmental sustainability and reducing carbon emissions by, along with other programs, promoting renewable energy. This update in solar regulations was intended to allow for optimal efficiency and more flexibility in solar installations. Solar energy has become a popular source of on -site alternative energy since the Vail area with its cold climate and abundance of sun is one of the most optimal geographic regions for panel function. Prior to Ordinance No. 3, Town regulations required that solar panels lie flat on pitched roofs to ensure that the panels do not detract from the landscape, views, or the character of the buildings in the community. However, in Vail, the recommended angle for solar photovoltaic and thermal panels is 40 -50 degrees on a flat roof to allow for snow shedding and proper solar collection. A flush- mounted installation may not always optimize the efficiency of the solar panels, depending on roof slope. Updates to the regulations were intended to ensure that any proposed panels are installed at an efficient angle while maintaining the character of the existing building through architectural integration in design. However, several months into the regulation local solar installers and homeowners brought to the attention of the Town Council and staff specific requirements in the ordinance that prohibited several projects from moving forward as designed. Council instructed Staff to work with the affected parties to resolve these issues and arrive at an updated version of the ordinance that fulfills the goals of the Town while allowing for more flexibility in solar installations. Town Staff then convened solar installers from the Vail area, the Front Range and the Colorado Solar Energy Industries Association (COSEIA) in order to gain input on the existing regulations. The goals for this process were as follows: • Meet the concerns of local and state solar industry professionals with respect to the current solar panel regulations, while advancing the policy direction of the Vail Town Council: • Encourage energy efficiency and renewable energy in the Town of Vail in accordance with the Environmental Sustainability Strategic Plan • Architecturally integrate panels with building • Minimize view of panels from street • Avoid new perceived building heights • Avoid increased bulk and mass of buildings • Maintain character of buildings • Achieve regulations that fall in the middle 50 %, meaning the regulations are neither too lenient, where any system goes, or too stringent, which prohibits most systems from being installed. (Figure 1 below) IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 14: DEVELOPMENT STANDARDS 14 -1 -1: PURPOSE AND INTENT. It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The 4 development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. 14- 10 -51-1, Building Materials and Design (in part): Solar energy devices should be installed on building roofs and facades and oriented for energy production. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar energy devices may be installed within the required setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into the setback. Solar energy devices shall not be included in calculation of building height. No portion of any solar energy device shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar energy devices shall not be installed within two (2) feet of a roof ridge or roof eave. Solar energy devices shall not extend higher than the existing adjacent ridgeline on roofs with pitches of 3:12 or greater. On roofs with pitches less than 3:12, the Design Review Board shall make a determination that the solar panels are installed to minimize excessive visual impact. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the discretion of the Design Review Board. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2: Energy Efficiency. Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable energy program. Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community. Implement employee sustain ability programs to maintain high quality of life. VAIL 20120 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the purpose of the Development Standards; and Staff finds the proposed text amendments further the purpose of the Development Standards, identified in Section 14 -1 -1, Purpose and Intent, Vail Town Code. Specifically, the purpose "to ensure the... welfare of the community" is met by improving the design standards for solar energy devices. The proposed regulations also reduce barriers to installation of solar energy devices, which will have positive environmental impacts that benefit the community as a whole. Another purpose of the Development Standards is to "help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail." Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners' ability to install the panels. Because the proposed regulations include additional detailed requirements, it will help to streamline the development review process. Therefore, Staff believes the proposed amendments are consistent with the purposes of the Town's Development Standards as outlined in Section IV above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The Environmental Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy, a partnership with the community and the need for reduced energy usage. The proposed amendments would further the goals, objectives and policies outlined in these plans, including the addition to Subsection 1 that outlines optimal angles for panels furthers Environmental Sustainability Strategic Plan Goal 2, aimed at reducing the Town's total energy consumption as well as carbon emissions. Staff believes the proposed amendments further the adopted Town Council goals, listed in the background section. The proposed regulations also further the Town Council goal of architectural integration and maintenance of character. The proposed regulation that allows panels to project one foot above roof ridges on steeper roofs is in line with the regulation that allows one foot over height maximums for cold roofs. While panels would be permitted to extend above roof ridges, Staff believes the proposed amendments still meet the Town Council goal of maintaining character and avoiding new perceived building heights. Allowing panels to extend to the edge of roof eaves will further the goal of architectural integration, as it may allow panels to blend into roof forms to a better degree. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The text amendments are a response to concerns raised with the recently adopted regulations. The solar panel installation community has voiced concern that the currently adopted regulations may be too prohibitive and requested that Staff propose amendments to the regulations to address design flaws. For example, the minimum two foot distance from roof eaves proved to be prohibitive on multiple structures within the Town. The text amendment addresses the problems found with the existing regulations when applied in the field, which demonstrates that the existing regulations are no longer appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town, which include development that is compatible with its surroundings. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to I the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and 3. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. The amendment promotes the policy set by the Vail Town Council, as outlined in Section Ill of this memorandum." 7 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations and procedures for mitigation of development impacts, and setting forth details in regard thereto. (PEC100050) Applicant: Town of Vail Planner: Rachel Dimond/ George Ruther I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for a text amendment to Title 12, Zoning Regulations, Vail Town Code, to create Chapter 12 -26, Exactions and Dedications. The purpose of this new chapter is to provide the legal framework for mitigation of development impacts. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the amendment to the Vail Town Council. A draft copy of Ordinance No. 4, Series of 2011, is attached for review (Attachment A). II. DESCRIPTION OF REQUEST The proposed text amendments add a new chapter to Title 12, Zoning Regulations, titled " Chapter 12 -26, Exactions and Dedications The purpose of this chapter is to provide a mechanism to quantify exactions and dedications in a manner that is roughly proportional to the impact of the proposed use or development on the Town's existing or potential facilities, infrastructure or services. Presently, the Vail Town Code does not provide a consistent or predictable process for determining and addressing impacts on town facilities, infrastructure or services directly attributed to development applications. The creation of this new chapter is necessary to effectively implement the development objectives of the Town. As proposed, the amendments provide applicants with reasonable expectations of the need to mitigate development impacts at the beginning of the development review process through a consistent review process that is both predictable and equitable. Chapter 12 -26 establishes the procedure for determining the impacts of a development and outlines the criteria and findings for requiring the mitigation of development impacts in the approval process. As proposed, the regulations prescribed within the new chapter shall apply to land use applications for a major exterior alteration, new or amended special development district, rezoning, or major subdivision. The new chapter includes the following components: • A policy for the requirement of exactions or dedications. • Definitions of terms applicable to the implementation of the new chapter. • Outline of the legal authority for the requirement of dedications and exactions. • Criteria for reviewing exactions and dedications, whether they are fees, dedication of land, or provision of infrastructure or services. • Findings to be made by the reviewing authority (i.e. Planning and Environmental Commission or Town Council) when approving development applications. • A predictable and consistent process for determining an exaction or dedication. • A process for accepting dedications. Chapter 12 -26, Exactions and Dedications, is attached within Ordinance No. X, Series of 2011. III. BACKGROUND The Town of Vail may require dedications and impose exactions on the granting of land -use approvals, provided that there is an essential nexus between the exaction or dedication and a legitimate local government interest, and provided that the dedication or exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development. This recognition generally stems from two major land use law cases, Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994), as well as Colorado Revised Statutes § 29 -20 -203 and related case law. In 2003, the Town of Vail amended the Vail Town Code to require mitigation of development impacts in certain zone districts. The purpose of this requirement is to ensure the provision of adequate public services and facilities within the Town. Currently, mitigation of development impacts may be required for projects in the following zone districts: Public Accommodations 1, Public Accommodations 2, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/ Recreation 2 and Special Development Districts. The ability to require mitigation of development impacts is outlined in each of the above districts with the inclusion of the following regulations within each zone district chapter: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading /delivery, streetscape improvements, stream tract/bank improvements, public art improvements, parking, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment /development projects which produce substantial off site impacts. Special Development Districts (SDDs) may be required to mitigate development impacts based on the deviation of development standards from underlying zoning. However, mitigation of development impacts typically occurs under the guise of providing public benefits to offset the additional development rights granted as part of the SDD approval. The language, shown below, states that the benefits should arise out of the deviation in development standards: "12 -9A -9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12 -9A -8 of this article." In 2008, the Vail Town Council enacted inclusionary zoning and commercial linkage requirements that require development projects to provide employee housing for net new employees generated by a project. These requirements are applicable in the following zone districts: High Density Multiple - Family, Public Accommodation, Public Accommodation 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Commercial Service Center, Arterial Business, General Use, Heavy Service, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base /Recreation, Ski Base /Recreation 2, Parking and Special Development Districts. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 3 Colorado Revised Statutes 29 -20 -203. Conditions on land -use approvals. (1) In imposing conditions upon the granting of land -use approvals, no local government shall require an owner of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed on a broad class of property owners by a local government. (2) No local government shall impose any discretionary condition upon a land -use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. V. CRITERIA AND FINDINGS The Vail Town Code prescribes the process, criteria, and findings for reviewing a proposed prescribed regulations amendment. In reviewing an application of this type, the Planning and Environmental Commission and Vail Town Council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed text amendments further the general purpose of the zoning regulations because by requiring mitigation of development impacts, the text amendment furthers the "general welfare of the town" and promotes "the coordinated and harmonious development of the town... that will conserve and enhance ... its established character as a resort and residential community of high quality." Staff finds the proposed text amendments further the specific purposes of the zoning regulations by providing the catalyst that could fulfill a number of the specific purposes. This includes potential for requiring mitigation in the form of road improvements, transit improvements, new public facilities, rehabilitation and /or preservation of natural areas and other amenities, for example. Staff believes these examples of mitigation further the specific purposes of the zoning regulations, including providing public facilities, securing safety, promoting "safe and efficient pedestrian and vehicular traffic circulation," conservation of "wildlife, streams, woods, hillsides, and other desirable natural features," assurance of "adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters" and "to otherwise provide for the growth of an orderly and viable community." (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds the proposed text amendment is compatible with the development objective of the Town to be a "world class mountain resort community." Within that objective lies a general belief that the Town of Vail should have first rate infrastructure, services and facilities. Requiring development projects to mitigate the direct impacts to that infrastructure helps to further this objective. Another development objective of the Town of Vail is to have sustainable fiscal responsibility. Staff finds that the proposed amendments further this goal by placing the financial burden of providing infrastructure and services upgrades on the development projects that necessitate such improvements and associated costs. Staff also finds that the proposed text amendment better implements the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically, the mitigation of development impacts furthers the policy objectives of the Lionshead Redevelopment Master Plan and the Vail Village Master Plan, which calls for improved vitality and amenities, improved access and circulation, improved infrastructure and creative financing for enhanced private profits and public revenues. The amendments also further the implementation of Objective 1.3 of the Vail Village Master Plan, stating that the Town should "enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town." The amendments further the goals of the Vail Land Use Plan, most specifically that "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." Careful consideration is needed when determining and imposing dedications or exactions on land use applications. In the absence of careful and thoughtful consideration, unintended consequences could negatively impact the otherwise intended objectives of the regulation or the Town. For example, a dedication or exaction maybe properly determined and imposed yet be so financially onerous that the a proposed project is no longer practical. In this case, the Town may need to evaluate the need for the dedication or exaction against other public benefits derived from the project. This is, and will be, an ongoing challenge and consideration the Town needs to carefully and thoughtfully consider. (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff finds that the text amendments show a change in conditions where the Town Attorney has advised Staff that the proposed language is necessary to provide legal framework for mitigation of development impacts. The existing process and regulations may not be adequate enough to require mitigation or to provide the legal justification for such mitigation. Should the Town be faced with a lawsuit, the proposed text amendments would allow for a stronger legal framework to justify exactions and dedications. Additionally, staff finds that the financial sustainability and viability of the Town is critical to the continued success of the community. The proposed amendments place the financial burden of providing infrastructure and services upgrades on the development projects that necessitate such improvements and associated costs. They do this in a way that the dedication or exaction required is roughly proportional both in nature and extent to the impact of the proposed use or development of such property on the community. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and As previously stated, the mission statement of the Town of Vail is to be a "world class mountain resort community." In order to achieve that mission, the Town needs to have infrastructure, facilities and services that match the level of development that is and will occur in Vail. Further, over the course of the recent redevelopment in Vail, the Town has come to fully understand that redevelopment needs to pay for more services in order to maintain the high levels of service that are a part of the Town's municipal development objectives. In the absence of a predicable and equitable exaction and dedication requirement, it can be reasonably assumed that the Town shall bear the financial burdens resulting from new development thus jeopardizing the likelihood that the Town can continue to grow in a viable, orderly, harmonious and convenient manner. (5) Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the Commission passes following motion: "Tthe Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the Commission makes the following findings: Based upon the review of the criteria outlined in Section V of this memorandum, the Town of Vail Planning and Environmental Commission finds, 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2) That the amendment furthers the general and specific purposes of the zoning regulations; and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. ATTACHMENTS A. Draft Ordinance No. 4, Series of 2011 ORDINANCE NO. 4 SERIES 2011 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED "EXACTIONS AND DEDICATIONS" WHEREAS, to ensure the provision of adequate public services and facilities within the Town, the Town Council wishes to condition land use approvals on certain exaction and dedication requirements; WHEREAS, it is widely recognized that municipalities may impose dedications and exactions on the granting of land -use approvals, provided that there is an essential nexus between the exaction or dedication and a legitimate local government interest, and provided that the dedication or exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29 -20 -203 and related case law; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing exactions and dedications. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 . Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 EXACTIONS AND DEDICATIONS 12 -26 -1: PURPOSE: A. It is the policy of the Town that exactions and dedications shall be required in those instances where, the Town Council or Planning and Environmental Commission determines that a proposed use or development will: Create the need for new infrastructure facilities or services; or 2. Result in increased use of existing infrastructure facilities or services, thereby requiring the expansion or eventual replacement of such existing infrastructure facilities or services. B. The purpose of this Chapter to provide a mechanism to quantify exactions and dedications in a manner that is roughly proportional Ordinance No. 4, Series of 2011 1 both in nature and extent to the impact of the proposed use or development. 12 -26 -2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: EXACTION OR DEDICATION: A real property dedication to the Town, a monetary payment in -lieu of a real property dedication, or the provision of some other service to the Town to mitigate the impact of a proposed use or development. LAND USE APPLICATION: Any application for a major exterior alteration, new or amended special development district, rezoning, or major subdivision. 12 -26 -3: AUTHORITY TO IMPOSE DEDICATION OR EXACTION REQUIREMENTS: A. The Town Council or Planning and Environmental Commission may impose exactions or dedications in conjunction with any land use application filed with the Town, pursuant to the procedures set forth in this Chapter. B. The Town Council may, as a part of its legislative function, establish fee schedules for monetary exactions in those instances where real property dedications are not required or appropriate. 12 -26-4: FINDINGS: Prior to imposing an exaction or dedication as a condition of a land use application, the Town Council or Planning and Environmental shall find that: 1. A legitimate, identifiable public purpose is served by requiring the dedication or exaction; 2. There is an essential nexus between the required dedication or exaction and the Town's interest in providing the impacted public infrastructure facility or service. 3. The Town is acting within its power to provide the infrastructure facility or service for which the exaction or dedication is required, either directly or through the dedication or exaction process; Ordinance No. 4, Series of 2011 2 4. But for the proposed use or development, the Town would not be considering either the provision or expansion of the service or infrastructure facility in question; 5. The proposed use or development is a contributing cause to the need for the new or expanded infrastructure facility or service; and 6. The Town would be legally justified in denying the proposed use or development unless the dedication or exaction is imposed, because of the burden the proposed use or development would place on the Town's infrastructure facilities or services. 12 -26 -5: DETERMINATION: A. An exaction or dedication imposed by the Town Council or Planning and Environmental Commission shall be roughly proportional, both in nature and extent, to the impact of the proposed use or development. B. To determine rough proportionality, Town staff shall conduct a dedication or exaction study regarding the proposed use or development. The applicant shall pay for any costs associated with said study prior to a final review of the land use application. Such study shall consider the following: 1. Whether the infrastructure facility or service provided for by the exaction or dedication would be required but for the proposed use or development; 2. The extent to which the proposed use or development will impact the existing services or infrastructure facilities; 3. The extent to which visitors to other developments or Town residents will use the public infrastructure facility or improvements provided by the exaction or dedication; 4. Whether existing public infrastructure facilities or services can adequately serve the proposed use or development without the additional expense to construct, expand or improve the required infrastructure facilities or services; and 5. The extent to which the Town's existing infrastructure facilities and services would need to be expanded or improved to maintain the status quo. C. The applicant, at its sole cost, may prepare and submit a second dedication or exaction study to the Town. Any such study shall Ordinance No. 4, Series of 2011 3 contain the information described in Subsection B hereof. Town staff shall review the applicant's study and shall provide comment thereon to the Planning and Environmental Commission or Town Council. In its sole discretion, the Planning and Environmental Commission or Town Council may, but is not obligated to, rely on any portion of the applicant's study. D. After a public hearing, consideration of the dedication or exaction study, or studies, and consideration of the criteria listed in Section 12 -26 -4, the Planning and Environmental Commission or Town Council shall make a determination on an appropriate exaction and dedication for the proposed use or development. E. After a public hearing, consideration of the dedication or exaction study or studies, consideration of the recommendation of the Planning and Environmental Commission, and consideration of the criteria listed in Section 12 -26 -4, the Town Council shall determine the appropriate exaction or dedication for the proposed use or development. F. A decision of the Planning and Environmental Commission may be appealed to the Town Council, pursuant to provisions of this Title. The decision of the Town Council shall be final, subject only to judicial review. 12 -26 -6: ACCEPTANCE OF DEDICATIONS: The Town Council shall hold a public hearing to determine acceptance of dedications as required by the Planning and Environmental Commission or Town Council. Should the Town Council not accept a dedication, the Town Council shall make a determination as to what constitutes an acceptable dedication. Section 2 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 . The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 . The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 4, Series of 2011 4 Section 5 . All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2011 and a public hearing for second reading of this Ordinance set for the day of 2011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2011 5 Ad I D 1 . 5982372 Date 1 . 12/22/2010 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on January 10, 2011, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 11 -3 -3, Prescribed Regula- tions Amendment, Vail Town Code, to amend Sec- tion 11 -7 -15, Public Parking and Loading Signs for Private Property, to allow signs for public parking on private property, and setting forth details in re- gard thereto. (PEC100056) Applicant: Solaris Property Owner, represented by Michael Suman Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 14 -1 -3, Administration of Stan- dards, Vail Town Code, to amend Section 14- 10 -5H, Building Materials and Design, Vail Town Code, to amend regulations for solar panels, and setting forth details in regard thereto. (PEC100055) Applicant: Town of Vail Planner: Rachel Friede A request for the review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivi- sion of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting de- tails in regards thereto. (PEC100054) Applicant: Mery Lapin, represented by Hans Ber- glund, Berglund Architects Planner: Rachel Friede A request for a recommendation to the Vail Town Council for a major amendment to Special Devel- opment District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Develop- ment Area D (Glen Lyon Office Building) from Spe- cial Development District No. 4, Cascade Village, and for a zone district boundary amendment, pur- suant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lions - head Mixed Use 2 District, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivi- sion, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District to Lionshead Mixed Use 2 District, located at 953 (Vail Professional Building) and 1031 (Cascade Crossing) South Frontage Road West / Unplatted and a zoning of portions of South Frontage Road West street right -of -way to Lionshead Mixed Use 2 District, located at South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West rig ht -of- way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Devel- opment Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970 - 479 -2138 for additional information. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Im- paired, for information. Published December 22, 2010, in the Vail Daily. (5982372) Time 1 10:20 AM Ad shown is not actual print size Ad Name: 6032400D Customer: TOWN OF VAIL /PLAN DEPT /COMM Your account number is: 1023233 PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1/7/2011 and that the last publication of said notice was dated 1/7/2011 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 01/07/2011 General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 01/07/2011 / t6 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2011 PAMELA J SCM "ry Pubk State of Colorado PLANNING AND ENVIRONMENTAL COMMISSON January 10, 2011 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Site Visits: 1.1-apin Residence - 212 and 232 West Meadow Drive 30 minutes 1.A request for the review of a final plat, pursuant to Section 13 -12 -3, Plat Procedures and Critena for Re- view, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting details in regards thereto. PEC100054) Applicant: Mery Lapin, represented by Hans Berglund, Berglund Architects Planner: Rachel Dimond 30 minutes 2.A request for a recommendation to the Vail Town Council for a major amendment to Special Develop- ment District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Develop- ment District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 Dis- tnct, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 3.A request fora recommendation to the Vail Town Council for a zone district boundary amendment, pur- suant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District to Lionshead Mixed Use 2 District, located at 953 (Vail Professional Building) and 1031 (Cascade Crossing) South Frontage Road West / Unplatted and a zoning of portions of South Frontage Road West street right -of -way to Lionshead Mixed Use 2 District, located at South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Devel- opment Department), and setting forth details in regard thereto. (PEC080061) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 4.A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth de- tails in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell 30 minutes 5.A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pur- suant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14- 10 -5H, Building Materials and Design, Vail Town Code, to amend regulations for solar panels, and setting forth details in regard thereto. (PEC100055) Applicant: Town of Vail Planner: Rachel Dimond 45 minutes 6.A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. (PEC100050) Applicant:Town of Vail Planner: George Ruther /Rachel Dimond 5 minutes 7.A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to amend Section 11 -7 -15, Public Parking and Loading Signs for Private Property, to allow signs for public parking on private property , and setting forth details in regard thereto. (PEC100056) Applicant: Solans Property Owner, represented by Michael Suman Planner: Bill Gibson ACTION: Table to January 24, 2010 5 minutes 8.A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862,92 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /Unplatted (a complete legal description is available for inspection at the Town of Van Community Development Department), and setting forth details in regard thereto. PEC080063) Applicant: Van Resorts, represented by Maunello Planning Group, LL Planner: Warren Campbell ACTION: Table to January 24, 2010 5 minutes 9.A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail' (West Lionshead), located at 934 (BP Site), 953 (Vail Professions 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Maunello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 24, 2010 5 m inutes 10.A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Extenorltera- tions or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail' (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Maunello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 24, 2010 5 m inutes 11.A request for a final recommendation to the Vail Town Council for prescribed regulations amenments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to February 14, 2011 5 minutes 12.A request for review of a variance, pursuant to Chapter 14 -1 -5, Variances, Vail Town Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels within two feet of a roof ridge and save and extending higher than the ridgeline, located at 4918 Meadow Drive, Unit A /Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Laurent Meillon Planner: Rachel Dimond ACTION: Table to January 24, 2011 13.Approval of December 15, 2010 minutes 14.Information Update 15.Adjoumment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 7, 2011, in the Vail Daily. (6032400).