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HomeMy WebLinkAboutPEC040082- = Planning and Environmental Commission ACTION FORM Department of Community Development TOWN OF VAIL 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: LIONSHEAD CORE SITE AMEND PEC Number: PEC040082 Project Description: AMENDMENT TO APPROVED DEVELOPMENT PLANS FOR CORE SITE Participants: OWNER VAIL CORP PO BOX 7 VAIL, CO 81658 License: APPLICANT VAIL CORP PO BOX 7 VAIL CO 81658 License: 0 Project Address: 675 LIONSHEAD PL VAIL 5 LIONSHEAD PLACE Location: Legal Description: Lot: 2 Block: 1 Subdivision: VAIL LIONSHEAD FIL 3 Parcel Number: 210106308007 Comments: See amended conditions dated 1/24/2005 BOARD/STAFF ACTION Motion By: Kjesbo Second By: Viele Vote: 7-0 Conditions: Action: APPROVED Date of Approval: 01/24/2005 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. 12/28/2004 Phone: 12/28/2004 Phone: Planner: George Ruther PEC Fee Paid: $250.00 E Application for Review by the Planning and Environmental Com i -VE® TOIAW OF 144 Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 DEC ~ 7 U 4 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com T®V_C®M•DEV• General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: • Variance $500 Conditional Use Permit $650 • Sign Variance $200 Floodplain Modification $200 • Rezoning $1300 Minor Exterior Alteration $650 • Major Subdivision $1500 Major Exterior Alteration $800 • Minor Subdivision $650 Development Plan $1500 • New Special Development District $6000 Amendment to a Development Plan 250 • Major Amendment to an SDD $6000 Zoning Code Amendment • Major Amendment to an SDD $1250 (no exterior modifications) Description of the Request: t,Ywf~r nn~ A-o play. K L-c- C,' s: \--e.._ '-4 1 Location of the Proposal: Lot: _i-_ _ Subdivision: - 21 Block: Physical Address: (0 lA t_ 6v,4 " 8- -e Parcel No.: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: LH 6 U Name(s) of Owner(s): V N1,1. ~Sp1lT~ Mailing Address: ®~'1 y , t u <A 145-7 Phone: g-lu swi Owner(s) Signature(s): v N\ L_ I\tSJr Name of Applicant: L(c. ~Ar 1~ 1-jwnrn 4r \ ~C ~ J +u ssa Mailing Address: UINL.(v Phone: E-mail Address: --6vv\lp ~mi/k 4S~cX .~.~tS•cavLt Fax 1 qs_L SSS U_(P-7 s7to For Office Use_Qnly: Fee Paid: 7Z- Check No : By: I "I e7 Meeting Date: [ ''z, • n 3 PEC No.: Planner: Project No.: Page I of 7-04/01/04 TOWN OF VAIL, COLORADO Statement Statement Number: R040007294 Amount: $250.00 12/28/200410:08 AM Payment Method: Check Init: JS Notation: #3913/BRAUN AND ASSOC Permit No: PEC040082 Type: PEC - Amend to Dev Plan Parcel No: 210106308007 Site Address: 675 LIONSHEAD PL VAIL Location: 675 LIONSHEAD PLACE This Payment: ACCOUNT ITEM LIST: Account Code PV 00100003112500 Total Fees: $250.00 $250.00 Total ALL Pmts: $250.00 Balance: $0.00 Description Current Pmts PEC APPLICATION FEES 250.00 TOWN OF VAIL 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 24, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village Inn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1St Filing, and setting forth details in regard thereto. Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance from Section 12-21-14, Hazard Regulations, Vail Town Code, to allow for site coverage in excess of 15% of the total site area on a lot with Adw- wo~ excessive slopes, located at 2672 Cortina Lane, Lot 8, Block B, Vail Ridge Subdivision and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom and Associates Planner: Elisabeth Eckel A request for a final review of an amendment to an approved development plan, pursuant to Section 12-7H-7, Exterior Alterations or Modification, Vail Town Code, for the Lionshead Core Site Hotel, located at 616 Lionshead Circle/Lot 4, Block 1, Tracts D, H, and C, Lionshead Filing 1 and Lot 2, Block 1, Tracts H, G, and C, Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. ~I o<j C~1•~' Planner: George Ruther ► ` A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Elisabeth Eckel A request for a final review of a conditional use permit, pursuant to Section 12-71-1-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Vail resorts, represented by Braun Associates, Inc. Planner: Bill Gibson L' 0 A request for a final review of a minor amendment to an approved development plan, pursuant to Section 12-9C-5, Development Standards, Vail Town Code, for the Vail Mountain School, located at 3000 Booth Falls Court, Lot 1, Vail Mountain School Subdivision, and setting forth details in regard thereto. Applicant: Vail Mountain School, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A request for a work session to discuss the proposed Chamonix Parcel Master Land Use Plan pursuant to Chapter VIII, Section 3, Town of Vail Land Use Plan, for the Chamonix Parcel located at Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published January 7, 2005, in the Vail Daily. APPROVED BY THE TOWN OF VAIL. MEMORANDUM I ,!G ANI D ITAL 'U., TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 24, 2005 SUBJECT: A request for a final review of a major exterior alteration or modification, pursuant to Section 12-7H-7, Vail Town Code, to allow for an increase in total gross residential floor area and commercial floor area, a decrease in the total number of dwelling units, and revisions to the list of approved conditions, located at 675 Lionshead Place (a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company Planner: George Ruther 1. SUMMARY The applicant, Vail Resorts Development Company (VRDC), is requesting a final review of a request to amend the approved development plan for the Lionshead Core Site Hotel. The proposed amendment includes an increase in gross residential floor area and commercial area, a decrease in the total number of dwelling units, and revisions to the list of conditions of approval for the project. Upon review of the various requests, staff is recommending that the Planning and Environmental Commission approves, with conditions, the applicant's request. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), is requesting a final review of a request to amend the approved development plan for the Lionshead Core Site Hotel. The proposed amendment includes an increase in gross residential floor area (+1,275 sq. ft.) and commercial area (+80 sq. ft.), a decrease in the total number of dwelling units (-3 units), and revisions to the list of conditions of approval for the project. An increase in the sizes of two tower elements and the combination of three 2 & 3 bedroom condominiums into three 5 bedroom condominiums results in the proposed increases and decrease. III. ZONING ANALYSIS Staff has completed a zoning analysis of the proposal in relation to.the land use regulations outlined in Title 12, Zoning Regulations of the Vail Town Code. A summary of the analysis is provided below: Street Address: 675 Lionshead Place Parcel Number: 210107207009 C El Zoning: Lionshead Mixed Use -1 zone district Land Use Plan Designation: Tourist Commercial Current Land Use: Mixed Use Development Development Standard Allowed Approved Proposed Buildable Lot Area: 10,000 sq.ft. 203,425 sq.ft. N/C minimum Setbacks: 10' or unless specified 10'/Varies* N/C otherwise in the LRMP Building Height: 71' average 69.75' average N/C and Bulk 82.5' maximum 82.5 maximum Density: DU's- 35 dwelling units/acre or 14.9 dwelling units/acre or 14.3 (-0.6 du's) 163 dwelling units 70 dwelling units 67 dwelling units AU's- Unlimited 85 accommodation units" N/C GRFA: 508,562 sq.ft. or (250%) 176,786 sq.ft. or (87%) 178,061 sq.ft. or (88%) Site Coverage: 70% maximum or 34.4% or N/C 142,397 sq.ft. 70,103 sq.ft*** Landscape Area: 20% minimum or 29.7% or N/C 40,685 sq.ft. 60,553 sq.ft. Parking: 238 spaces 320 spaces**'' N/C (50% valet or 119 spaces) (36% or 116 spaces) Loading: 5 berths minimum 8 berths***** N/C Notes: * Setbacks vary around the development site dependi ng on the location of the "build-to-line" specified in A the Lionshead Redevelopment Master Plan. 49 of the 85 accommodation units in the hotel are lock-off units attached to dwellings as permitted by Section 12-7H-12 of the Vail Town Code. Site coverage includes above and below ground spaces of the Gondola, Eagle Bahn and Chair 8 buildings. 31 of the 320 parking spaces have been provided via a payment to the Town of Vail Parking Fund in 1997. Five of the eight loading berths are available for publ ic use. IV. REVIEW CRITERIA Staff has reviewed the application for compliance with Section 12-7H-8, Compliance Burden, Vail Town Code. Upon review of the request to increase the total GRFA by approximately 1,275 square feet, to increase the commercial square footage by roughly 80 square feet, and to decrease the total number of dwellings from 70 - 67, staff finds that the basic intent and character of the previously approved development remains unchanged and that the application complies with the applicable development standards prescribed in Title 12, Zoning Regulations, Vail Town Code. Overall, staff believes that the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed amendment to the approved development plan is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 2 V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request to amend the approved development plan, pursuant to Section 12-71-1-7, Vail Town Code, to allow for an increase in total gross residential floor area and commercial floor area, a decrease in the total number of dwelling units, and revisions to the list of approved conditions, located at 675 Lionshead Place. Staff's recommendation is based upon the review of the criteria outlined in Section IV of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the application as recommended, staff recommends that the Commission makes the following finding be made as part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " Conditions of Approval: The Developer shall address the following conditions of approval prior to final review of the development applications by the Town of Vail Design Review Board: 1) That the Developer identifies a new location for publicly accessible restrooms on or near the development site. The new location shall be identified on a revised set of floor plans which shall be submitted by the applicant to the Town of Vail Community Development Department for review and approval. 2) That the Developer submits a complete Design Review Board application to the Town of Vail Community Development Department. The Developer shall address the following conditions of approval prior to applying for a building permit for the improvements from the Town of Vail Community Development Department: (note: A grading plan shall constitute a building permit.) 1) That the Developer addresses the red-lined corrections on the proposed grading and drainage plans and submits a revised final grading and drainage plan for final review and approval by the Town of Vail Public Works Department. 2) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings. It is acknowledged that final DRB 3 0 approval of streetscape improvements is not required prior to VR making application for building permit. It shall be noted that the review of the civil engineered drawing may take up to six months to review and approve. 3) That the Developer submits written letters of approval from all adjacent and/or affected property owners whose property is being physically impacted or altered (ie, Montauk, Lionshead Arcade, Antler's, Lions Square Lodge, Landmark, etc.) as a result of the construction of the Lionshead Core Site Hotel, as depicted on the Approved Development Plan, to the Town of Vail Community Development Department for review and approval. 4) That the PeyelepeF the FeGeiYeG final appr-eval fFAM. the Vail Town GeURGil fe Site Hotel development app"natieni; The approved Development Agreement between the Town of Vail and VR has approved in concept the conveyance of Town-owned land to VR and stipulates that the conveyance of this land shall occur concurrent with the issuance of a building permit. VR shall submit a major subdivision application as necessary to create the parcels to be conveyed. prior to making application for building permit and such major subdivision application shall be reviewed and approved by the Town prior to issuance of a building permit. 5) That the Developer receives final approval from the Vail Town Council for how the ownership, maintenance and other aspects of improvements proposed within the Lionshead Place public right-of-way will be handled. Said approvals may involve the conveyance of the public right of way existing beneath Lionshead Place or in some other manner as approved by the Town Council. Should the Developer be unable to secure a final approval from the Town Council, the Developer may submit a revised major exterior alteration application to the Town of Vail Community Development Department for review and approval by the Town of Vail Planning and Environmental Commission. 6) That the Developer submits revised plans to the Town of Vail Community Development Department for final review and approval of the Town of Vail Public Works Department addressing each of the comments summarized in the letter from Greg Hall, Public Works Director, to George Ruther, Chief of Planning, dated September 23, 2004. A copy of the letter has been attached for reference. The Developer shall address the following conditions of approval prior to the issuance of a building permit by the Town of Vail Community Development Department: (note: A grading permit shall constitute a building permit.) 1) That the Developer finalizes the Rental Program Proposal and then enters into a written agreement with the Town of Vail that is recorded with the Eagle County Clerk & Recorder's Office, which requires that the Rental Program Proposal is implemented and fully adhered to by the applicant and its assigned and successors for a period of not less then 20 years from the date of the issuance of a temporary certificate of occupancy. The final Rental Program Proposal shall be reviewed and approved by the Vail Town Council 4 following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department. 3) That the Developer prepares a Lionshead Core Site Hotel Art in Public Places Plan, for review and comment by the Town of Vail Art in Public Places Board. Said Plan shall include the funding for a minimum of $1,000,000 in public art improvements to be developed in conjunction with Lionshead Core Site Hotel. The implementation of the Plan shall be completed within two years of the date of the issuance of a temporary certificate of occupancy for the Lionshead Core Site Hotel improvements. 4) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (61 trips), or $305,000, as a result of the Lionshead Core Site Hotel improvements. The fee shall be paid by the Developer. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. 5) That the Developer prepares a Developer Improvement Agreement for Off- Site Improvements, as depicted on the Approved Development Plan, for review and approval by the Vail Town Council. Upon approval of the Agreement, the Developer and the Town of Vail shall legally execute the Agreement. 6) That the Developer receives final approval of the major subdivision application and records the final plat with the Eagle County Clerk & Recorder's Office as contemplated above. 1 The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate of occupancy (TCO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 35 20 employees, and that said restrictions shall be made available for occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer submits an application for the establishment of View Corridors #4 and #5 as contemplated by the Lionshead Redevelopment Master Plan to the Town of Vail Community Development Department for review and approval by the Vail Town Council. The Developer shall address the following conditions of approval prior to the issuance of a final certificate of occupancy (CO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer prepares easement agreements for the review and approval of the Town of Vail for all necessary easements (ie, utilities, pedestrian access, ingress/egress, drainage, maintenance, emergency vehicle access, fire lane, signage, etc.) in and around the development site as generally depicted on the Approved Development Plans and major 5 subdivision plat. The easement agreements shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer executes a Memorandum of Understanding for the Operation, Maintenance, and Management of the Lionshead Core Loading and Delivery Facility, to be located on the development site beneath the Lionshead Core Site Hotel. The Memorandum shall be reviewed and approved by the Vail Town Council following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 3) That the Developer agrees to design and construct all required streetscape improvements within the defined area of work, as generally depicted on the Off Site Improvements Plan. The Developer acknowledges that the final design of the improvements has not yet been approved by the Town of Vail Design Review Board and that the proposed plan may be subject to change. The following condition of approval shall be placed upon the operation of the Private Skier Club in the Lionshead Core Site Hotel: 1) That the maximum number of Private Skier Club members shall not exceed 100 full members and 16 partial members and the maximum number of private parking spaces dedicated to the full members use shall not exceed 100 spaces. A full member shall be defined as a ski club member entitled to full parking, spa, and members club services. A partial member shall be defined as a ski club member entitled to full spa and members club services with no rights to on-site parking. VI. ATTACHMENTS A. Applicant's Request B. Public Notice 6 E BAIVIBIRAUIN ASSOCIATES, IINC. PLANNING and COMMUNITY DEVELOPMENT December 27, 2004 Mr. George Ruther, Chief of Planning Department of Community Development Town of Vail 75 South Frontage Road West Vail, CO 81657 RE: Core Site Redevelopment Amendment to Approved Exterior Alteration Dear George: Enclosed you will find an application for proposed amendments to the approved development plans for the Core Site. Information provided includes: 1. Application form, 2. Filing fee ($250), 3. Adjacent property owners list and envelopes, 4. Written statement describing amendments (below), and 5. 11 "x 17" plans (complete set of full-sized plans will be provided tomorrow, 12/28/04) Description of Proposed Amendments As you are probably aware, design work on the Core Site has continued since the PEC approved the project on September 27, 2004. This design work has resulted in more refined architectural elevations (that have been presented to the DRB over the past few weeks) and to very minor refinements to floor plans (which have not triggered the need to present amendments to the PEC). Based on your conversation with Jay Peterson, other design changes have prompted the need to present amended plans to the PEC. These changes include: 1. A slight increase in the size of tower/cupola elements located at the southwest corner of both the southeast and northeast buildings. In both cases the diameter of the towers has been increased by approximately 4' on the ground level and the residential levels located above. The total increase in commercial square footage from this change is approximately 80 sq. ft. and the total increase in residential square footage is approximately 1,275 sq. ft. 2. A decrease in the number of condominiums from 70 to 67. This reduction was done by combining 2 and 3 bedroom units into 5-bedroom units on the second, third and fourth floors of the building. The number of lock-off units (49) and accom.moda.tion units (36) has remained unchanged Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 81632 E In conjunction with these two amendments to the approved development plans, we would also like to discuss potential refinements/clarifications to a number of conditions of approval that were established by the PEC approval. We do not anticipate any significant change to the intent of approved conditions of approval, rather refinements or clarifications would pertain to when and how such conditions are satisfied. In lieu of proposing alternative conditions at this time, we would like to discuss with you the conditions listed below and then determine if it is necessary to present alternative language to the PEC. If it is determined that clarifications are needed, we would work with you on mutually agreeable language. Again, our intention is to clarify the manner in which the conditions will be satisfied and not change the intention of the condition. As such, the third proposed amendment to the Core Site approval is: Clarification to the following approved conditions of approval: ■ #2 Prior to Submittal of Building Permit - clarification of extent/level of design of "required off-site improvements" ■ #4 Prior to Submittal of Building Permit - clarification of "final approval" from Town Council for conveyance of town-owned land ■ #5 Prior to Submittal of Building Permit - clarification of "conveyance" of public right-of-way at Lionshead Place. ■ #1 Prior to issuance of TCO - clarification of the number of employees to be housed as a result of the Core Site development. As you will see from comparing the proposed elevations to the approved elevations, the differences are nearly indiscernible. As such, we have not provided any evaluation of how the amended plans correspond to the Lionshead Redevelopment Master Plan. Please let me know if this evaluation is warranted. Please do not hesitate to contact me with any questions you may have. Sincerely, Thomas A. Braun Encl. CC: Jack Hunn Todd Goulding Jay Peterson VR Core Site Adjacent Properties Owners List-12/04 TOWN OF VAIL FINANCE DEPARTMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 LANDMARK-VAIL CONDOMINIUM ASSOC C/O VACATION RESORTS INC 610 W LIONSHEAD CIR VAIL, CO 81657 LANDMARK TOWNHOMES ASSOC C/O VACATION RESORTS INC 610 W LIONSHEAD CIR VAIL, CO 81657 1 VAIL 21 CONDOMINIUM ASSOCIATION C/O GEOFF WRIGHT 610 W LIONSHEAD CIR VAIL, CO 81657 1 FIRST WESTWINDS CONDOMINIUM ASSOC 548 S FRONTAGE RD VAIL VAIL, CO 81657 LIONSHEAD ARCADE CONDOMINIUM ASSOC C/O LAZIER, ROBERT T. & DIANE J. PO BOX 1325 VAIL, CO 81658 LIFTHOUSE CONDOMINIUM ASSOCIATION C/O LAZIER, ROBERT T. & DIANE J. PO BOX 1325 VAIL, CO 81658 1 ROSENQUIST & BROWN C/O CHARLES ROSENQUIST PO BOX 686 VAIL, CO 81658 LION SQUARE CONDO ASSOC 660 W LIONS HEAD PL VAIL, CO 81657 1 LION SQUARE NORTH CONDO ASSOC 660 W LIONS HEAD PL • a VAIL, CO 81657 MONTANEROS CONDOMINIUM ASSOCIATION 984 W LIONSHEAD CIR VAIL, CO 81657 1 STONE, CHARLES H. FAMILY LP PO BOX 1392 VAIL, CO 81658 1 BEIGEWAY HOLDINGS LIMITED PO BOX 519 VAIL, CO 81658 VAIL INVESTMENT CO 3729 UNION ST BOX 523 MINERAL RIDGE, OH 44440 VAIL GEAR CORP 641 W LIONSHEAD CIR VAIL, CO 81657 1 VAIL LIONSHEAD CENTRE CONDOMINIUM ASSOCIATION 520 LIONSHEAD CIR VAIL, CO 81657 1 ANTLERS CONDOMINIUM ASSOC 680 W LIONSHEAD PL VAIL, CO 81657 • * e V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request to amend the approved development plan, pursuant to Section 12-71-1-7, Vail Town Code, to allow for an increase in total gross residential floor area and commercial floor area, a decrease in the total number of dwelling units, and revisions to the list of approved conditions, located at 675 Lionshead Place. Staff's recommendation is based upon the review of the criteria outlined in Section IV of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the application as recommended, staff recommends that the Commission makes the following finding be made as part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " Conditions of Approval: The Developer shall address the following conditions of approval prior to final review of the development applications by the Town of Vail Design Review Board: 1) That the Developer identifies a new location for publicly accessible restrooms on or near the development site. The new location shall be identified on a revised set of floor plans which shall be submitted by the applicant to the Town of Vail Community Development Department for review and approval. 2) That the Developer submits a complete Design Review Board application to the Town of Vail Community Development Department. The Developer shall address the following conditions of approval prior to applying for a building permit for the improvements from the Town of Vail Community Development Department: (note: A grading plan shall constitute a building permit.) 1) That the Developer addresses the red-lined corrections on the proposed grading and drainage plans and submits a revised final grading and drainage plan for final review and approval by the Town of Vail Public Works Department. 2) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings. It is acknowledged that final DRB approval of streetscape improvements is not required prior to VR making application for building permit. It shall be noted that the review of the civil engineered drawing may take up to six months to review and approve. 3) That the Developer submits written letters of approval from all adjacent and/or affected property owners whose property is being physically impacted or altered (ie, Montauk, Lionshead Arcade, Antler's, Lions Square Lodge, Landmark, etc.) as a result of the construction of the Lionshead Core Site Hotel, as depicted on the Approved Development Plan, to the Town of Vail Community Development Department for review and approval. 4) SWAB Hotel deyelepmeRt appliGatiGRG. The approved Development Agreement between the Town of Vail and VR has approved in concept the conveyance of Town-owned land to VR and stipulates that the conveyance of this land shall occur concurrent with the issuance of a building permit. VR shall submit a major subdivision application as necessary to create the parcels to be conveyed. prior to making application for building permit and such major subdivision application shall be reviewed and approved by the Town prior to issuance of a building permit. 5) That the Developer receives final approval from the Vail Town Council for how the ownership, maintenance and other aspects of improvements proposed within the Lionshead Place public right-of-way will be handled. Said approvals may involve the conveyance of the public right of way existing beneath Lionshead Place or in some other manner as approved by the Town Council. Should the Developer be unable to secure a final approval from the Town Council, the Developer may submit a revised major exterior alteration application to the Town of Vail Community Development Department for review and approval by the Town of Vail Planning and Environmental Commission. 6) That the Developer submits revised plans to the Town of Vail Community Development Department for final review and approval of the Town of Vail Public Works Department addressing each of the comments summarized in the letter from Greg Hall, Public Works Director, to George Ruther, Chief of Planning, dated September 23, 2004. A copy of the letter has been attached for reference. 7) That the Developer submits a complete application for a variance from the adopted public streets design standards outlined in Title 13, Subdivision Regulations, Vail Town Code, to allow for the construction of a new street which deviates from the minimum design standards, for review and approval by the Town of Vail Planning and Environmental Commission. The Developer shall address the following conditions of approval prior to the issuance of a building permit by the Town of Vail Community Development Department: (note: A grading permit shall constitute a building permit.) 1) That the Developer finalizes the Rental Program Proposal and then enters into a written agreement with the Town of Vail that is recorded with the Eagle County Clerk & Recorder's Office, which requires that the Rental Program Proposal is implemented and fully adhered to by the applicant and its assigned and successors for a period of not less then 20 years from the date of the issuance of a temporary certificate of occupancy. The final Rental Program Proposal shall be reviewed and approved by the Vail Town Council following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department. 3) That the Developer prepares a Lionshead Core Site Hotel Art in Public Places Plan, for review and comment by the Town of Vail Art in Public Places Board. Said Plan shall include the funding for a minimum of $1,000,000 in public art improvements to be developed in conjunction with Lionshead Core Site Hotel. The implementation of the Plan shall be completed within two years of the date of the issuance of a temporary certificate of occupancy for the Lionshead Core Site Hotel improvements. 4) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (61 trips), or $305,000, as a result of the Lionshead Core Site Hotel improvements. The fee shall be paid by the Developer. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. 5) That the Developer prepares a Developer Improvement Agreement for Off- Site Improvements, as depicted on the Approved Development Plan, for review and approval by the Vail Town Council. Upon approval of the Agreement, the Developer and the Town of Vail shall legally execute the Agreement. 6) That the Developer receives final approval of the major subdivision application and records the final plat with the Eagle County Clerk & Recorder's Office as contemplated above. The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate of occupancy (TCO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 35 20 employees, and that said restrictions shall be made available for occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer submits an application for the establishment of View Corridors #4 and #5 as contemplated by the Lionshead Redevelopment Master Plan to the Town of Vail Community Development Department for review and approval by the Vail Town Council. The Developer shall address the following conditions of approval prior to the issuance of a final certificate of occupancy (CO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer prepares easement agreements for the review and approval of the Town of Vail for all necessary easements (ie, utilities, pedestrian access, ingress/egress, drainage, maintenance, emergency vehicle access, fire lane, signage, etc.) in and around the development site as generally depicted on the Approved Development Plans and major subdivision plat. The easement agreements shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer executes a Memorandum of Understanding for the Operation, Maintenance, and Management of the Lionshead Core Loading and Delivery Facility, to be located on the development site beneath the Lionshead Core Site Hotel. The Memorandum shall be reviewed and approved by the Vail Town Council following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 3) That the Developer agrees to design and construct all required streetscape improvements within the defined area of work, as generally depicted on the Off Site Improvements Plan. The Developer acknowledges that the final design of the improvements has not yet been approved by the Town of Vail Design Review Board and that the proposed plan may be subject to change. The following condition of approval shall be placed upon the operation of the Private Skier Club in the Lionshead Core Site Hotel: 1) That the maximum number of Private Skier Club members shall not exceed 100 full members and 16 partial members and the maximum number of private parking spaces dedicated to the full members use shall not exceed 100 spaces. A full member shall be defined as a ski club member entitled to full parking, spa, and members club services. A partial member shall be defined as a ski club member entitled to full spa and members club services with no rights to on-site parking. • 0 • 0