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2021-07-26 PEC
0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl July 26, 2021, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom. us/webinar/register/W N_QJ ybkNzgQ2eMGMYxH6FEOg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Karen Perez, Brian Gillette, Rollie Kjesbo, Pete Seibert, Henry Pratt Absent: Reid Phillips Main Agenda 2.1. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, 20 min. Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (appro)amately 3.635 acres) and Lot 2 (approximately 0.313 acres), located at 2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0030) Applicant: TNREF I I I Bravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy 1. This approval is contingent upon the applicant recording the plat prior to the issuance of a building permit for the development of lot 2 of the proposed Highline Subdivision. Planner Roy introduced the lot and project. He stated that there was a minor subdivision application earlier this year, but it was discovered that a lot line adjustment was needed. Staff is recommending approval. Dominic Mauriello stated that the reason behind the property line shift was in order to account for building requirements for openings and glazing based on setback from the lot line. No public comment Commissioner Gillette asked if this would affect the development of Lot 1. Mauriello stated that there would be no physical changes but would add an easement for Lot 1 to access the underground parking lot. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Phillips 2.2. A request for review of a Conditional Use Permit pursuant to Section 12-7J- 20 min. 3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0019) Applicant: TNREF I I I Bravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy 1. The floor plan included as part of the permit application review by the Planning and Environmental Commission is illustrative only. The precise location of the commercial uses within the building may be modified, however the size of the commercial areas may not increase without a modification to this permit. Planner Roy introduced the reasoning the behind this CUP is to account for the change in zoning to PA -2 which limits commercial square footage. There is no new commercial uses being added, the CUP is needed to bring the current uses in conformance with the new district. Roy also introduced three recommended conditions of approval. Staff is recommending a two year approval if construction is not commenced within that time. Commissioner Perez asked why the two year period is not lower. Roy responds that it coincided with the SDD timeline. Commissioner Gillette asked if the site was rezoned and an SDD was created. Roy indicated that this was correct Gillette asked a question about uses Roy stated that the rezoning was needed to account for a new proposed plans, but an SDD cannot add new allowed uses to the underlying zone district. Because of this, the limit on commercial square footage could not be changed with an SDD. Dominic Mauriello described the space that is in need of this CUP in detail. The current space is simply storage but will become a dormitory for employee housing. Plans to keep the storage space as storage until redevelopment and asked that the first condition be removed since no use commercial use is proposed in the meantime. He would also would ask that the second condition not apply as it is redundant. Also recommends that in the future the conditional use for commercial percentage be removed for the PA -2 zone district. Gillette asked how staff how they felt about the removal of conditions. Roy stated that staff is hesitant to remove the first condition but could be ok with it with an inspection to ensure the storage space is not used for commercial in the meantime. Staff is ok with the removal of the second condition. Gillette stated that he also would like Staff to look into removing this limit on commercial in the PA -2 district in order to encourage more commercial. Commissioner Pratt was in agreement with the removal of the first two conditions. Perez stated that she preferred to keep the conditions as a way to encourage the development of an employee housing unit sooner. No public comment. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (5-1). Ayes: (5) Gillette, Kjesbo, Kurz, Pratt, Seibert Nays: (1) Perez Absent: (1) Phillips 2.3. A request for a recommendation to the Vail Town Council for a major 45 min. amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0018) Applicant: TNREF I I I Bravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy 1. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 2. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 3. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 4. Applicant shall set aside two (2) three-bedroom units and two (2) one - bedroom units in the EHU building not to be included in the mitigation bank. 5. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type I I I Employee Housing Units. 6. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. 7. The Applicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development. 8. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. 9. This application is contingent upon the approval of the conditional use permit (PEC21-0019) and minor subdivision (PEC21-0030) being approved. 10. The initial phase of construction shall begin within three (3) years from the time of the approval of this SDD Major Amendment, PEC21- 0018, with the construction of the second phase to begin prior to August 17, 2026. Planner Roy stated that the SDD number was altered due to a clerical error where SDD No. 42 had already been used. There are three portions of the amendment. The first would create a phasing plan for the two buildings. The second would remove some original conditions of approval that are either no longer relevant or already achieved. The third would establish a timeframe for the phasing. Greg next discussed, with maps, the phasing plan for the development. Gillette asked if the hotel would stay open in Phase 2 Mauriello stated that it would. Gillette asked if there would also still be parking for the hotel in this phase Mauriello stated that there would always be parking during construction. Perez asked if there would be any loss of EHUs during the phasing plan and also asked if the surrounding neighbors had been notified of this change. It was an important condition of approval at the time that everything be developed at once to reduce the overall time of construction for surrounding neighbors. Mauriello stated that there would be no loss of EHUs. He also stated that the neighbors had been notified about the changes being proposed as part of this meeting. They did not feel that additional public outreach was needed. The phasing does not provide any risk for the town even if the expansion of the hotel is abandoned. Pratt asked what the procedure was for the extension of an SDD approval period. Roy stated that there is not establish procedure for an extension, but it would be handled through this amendment process. Mauriello gave a few examples of other projects that had been granted an extension. He also doesn't believe that an extension would run afoul of the upcoming West Vail Master Plan. Roy stated that currently the construction of and SDD normally must start within three years. The applicant is proposing a six year approval period. Staff would suggest that the three year approval period simply reset with this approval, should this amendment be approved. Staff has concerns about a code change that may happen within six years. There is no specific change anticipated, but over the course of six years code changes are likely to happen throughout the code. The applicant is also proposing that the one year grace period to start the second phase of the project be removed. Gillette asked the applicant to provide more argument for the elimination of the one year grace period Mauriello stated that once the EHU building is started they would have one year to start the expansion of the hotel. This is a tight time period to meet. Gillette asked if this would give them unlimited time to pursue the hotel expansion then. Roy clarified that the hotel would be required to start construction within the overall SDD approval period. Commissioner Kjesbo stated that he was comfortable with the proposal due to the fact that the EHUs would be built up -front. Kurz was concerned that the larger approval period would result in a site that is under a construction state for upwards of a ten year period. Mauriello argued that the development starting from the West Vail Master Plan might also take 10+ years. Gillette clarified this ten year construction statement. The construction would not take ten years, it may simply take almost six years to start and then a few more years to finish. Commissioner Seibert stated that he wasn't sure that the first phase should be allowed to be extended to six years to start. Is ok with the hotel taking more then a year after the EHU building to start. Stated that he would rather hear a reason why the EHU building can't start in three years if it cannot in that time period. Mauriello stated that he is ok with the EHU building being required to start within three years as long as the hotel component still has a six year approval. Kjesbo stated that he likes that proposal. He also mentioned that ultimately the PEC would be highly likely to approve an extension for the EHU construction anyway. Pratt stated that he is in favor of removing the one year phasing requirement and only resetting the project to a three year approval starting on this approval. Mauriello stated that developers can generally save more money and time when they do not need to be put through this approval process so frequently. Gillette stated that he likes the three year for EHUs and three more years for the hotel proposal the best. Roy continued to discuss the proposed changes to the previous conditions of approval in detail. Of note, Staff recommends that Fire department approval be addressed prior to the approval of a building permit for each stage. Staff is recommending approval with some changes to proposed conditions. Mauriello stated that the applicant is ok with the updated conditions. No public comment. Pratt is still in favor of maintaining the three year approval period for the overall approval. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (4-2). Ayes: (4) Gillette, Kjesbo, Kurz, Seibert Nays: (2) Perez, Pratt Absent: (1) Phillips 2.4. A request for a recommendation to the Vail Town Council for a zone district 45 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple - Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. (PEC21-0031) Applicant: Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner: Greg Roy Planner Roy began by discussing the site location itself and introducing the proposal to rezone to the Vail Village Townhouse District. When this zone district was created, properties such as this as well as the Texas Townhomes were intended to be rezoned to this zone district. This development does comply with the requirements of the VVT district. Staff is recommending approval of this rezoning. Chairman Kurz asked a question about the if the buildings to east are any different from these units under consideration. Roy stated that those units to the east were also compliant with the VVT district. Dominic Mauriello began by discussing more of the history of this site and the anticipated VVT rezoning. He anticipates that owners will come forward in the future with proposals to redevelop in accordance to this district's standards. Public Comment Ericson Shirley stated that he was an owner of a unit and was in support of the rezoning. Thinks that these townhomes should not be held to the standard to look the same. Wants to see more creativity in their design. Kurz stated that he agreed with the public comment and that the existing townhomes in this district being unique in character has been positive. Brian Gillette moved to approve. Pete Seibert seconded the motion and it passed (4-0). Abstain: (2) Kjesbo, Pratt Absent: (1) Phillips 3. Approval of Minutes 3.1. July 12, 2021 PEC Results Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Phillips 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Phillips 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Register in advance for this webinar: https:Hus02web.zoom.us/webinar/register/WN QJybkNzgQ2eMGMYxH6FE0g After registering, you will receive a confirmation email containing information aboutjoining the webinar. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 26, 2021 ITEM/TOPIC: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.635 acres) and Lot 2 (approximately 0.313 acres), located at 2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0030) ATTACHMENTS: File Name Description PEC21-0030 Staff Memo (Final).pdf PEC21-0030 Staff Memorandum Attachment A. vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Proposed Plat.pdf Attachment B. Proposed Plat Attachment. C Applicant Narrative 6-25-21.pdf Attachment C. Applicant Narrative 6-25-21 TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.635 acres) and Lot 2 (approximately 0.313 acres), located at 2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0030) Applicant: TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, TNREF III Bravo Vail LLC, represented by Mauriello Planning Group, is requesting the review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (3.635 acres) and Lot 2 (0.313 acres), located at 2211 North Frontage Road West and 2213 Chamonix Lane, respectively. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application, subject to the findings in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting to subdivide the existing parcel into two separate lots in accordance with the approval of the Major Exterior Alteration application that was approved on April 13th, 2020. The current lot lines will be vacated and the new subdivision will create Lot 1 and Lot 2. Lot 1 will consist of the hotel building and associated improvements while Lot 2 will be the site for the future employee housing (EHU) building. There are several easements being added including the proposed stairway on the eastern boundary to connect the parking on Lot 1 to the front of the EHU building and the new six foot (6') pedestrian easement along the eastern property line for a future pedestrian walkway. The plat also creates a parking easement between the two properties for the sixteen (16) parking space for the EHU building to be located on Lot 1. There is also a roadway access easement in the northeast corner to allow for the portion of Chamonix Lane that crosses the property line. The graphic below shows the existing property boundary (blue) with the proposed new property line (orange): A REVA .r..a.. — + W A Vicinity Map (Attachment A), Final Plat dated 7-13-2021 (Attachment B), and Applicant Narrative 6-25-2021 (Attachment C) have been attached for review. III. BACKGROUND Town of Vail Page 2 In 1980, the hotel was built under Eagle County jurisdiction and was annexed into the Town of Vail per Ordinance No. 43, Series 1980 and the zoned Commercial Core 3 (CC3) within the required ninety days. The Ordinance was later overturned by the Colorado Court of Appeals due to a lack on contiguity. It was then annexed again with Ordinance No. 1, Series 1986 and was again zoned CC3 with Ordinance No. 10, Series of 1986. The major exterior alteration, rezoning, and special development district applications were discussed before the PEC as part of a work session on December 9th, 2019. The Design Review Board also reviewed a conceptual application on December 18th, 2019. The applications were scheduled to be heard on March 23rd but were tabled to the April 13th meeting. On April 13th the PEC approved, with conditions, the major exterior alteration and made recommendations of approval to the Town Council for the rezoning and special development district applications. The Vail Town Council approved on second reading both the rezoning and new SDD on June 16, 2021. The PEC approved a minor subdivision for this lot with a similar plat on March 8th, 2021. Subsequently the applicant did not record the plat and needed to amend the internal property line between lot 1 and lot 2, which necessitated the new submittal. IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 13 — Subdivision Regulations, Vail Town Code Chapter 1, General Provisions (in part) 13-1-2: PURPOSE.- A. URPOSE: A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient Town of Vail Page 3 traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes.- 1. urposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-1-3: COMPLIANCE: A. General Prohibition: It is unlawful for any person, business, or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a Town of Vail Page 4 leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee, or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the administrator, planning and environmental commission and/or the council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County clerk and recorder; provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller's failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection. B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter. C. Responsibility: The owner, developer, buyer, or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter. Chapter 2, Definitions (in part) SUBDIVISION OR SUBDIVIDED LAND.- A. AND: A. Meaning.- 1. eaning: 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. Town of Vail Page 5 B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land.- 1. and: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or adjoining property. Town of Vail Page 6 E. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. F. Single -Family Subdivision: A subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two-family dwelling. Each such dwelling shall be separated from any other dwelling by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary Findings.- 13-3-4.- indings: 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-C of this chapter. A. Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision.- 1. ubdivision: 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 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 Town of Vail Page 7 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and 4. The extent of the effects on the future development of the surrounding area, and 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 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 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 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 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision.- 1. ubdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 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. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious Town of Vail Page 8 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. Chapter 4, Minor Subdivisions (in part) 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows.- A. ollows: A. Submission of Proposal; Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 13-3-68 of this title, with the provision that certain of these requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. PEC Public Hearing: Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the planning and environmental commission shall hold a public hearing to consider the final plat. The administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. 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 minor subdivision or the minor subdivision 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 subdivider. The review shall be based on the criteria and necessary findings in section 13-3-4 of this title. D. Appeal: Within twenty (20) days the decision of the planning and environmental commission on the final plat shall be transmitted to the council by the staff. The council may call up the decision of the planning and environmental commission within twenty (20) days of the planning and environmental commission's action. If council appeals the planning and environmental commission decision, the council shall hear substantially the same presentation by the applicant as was heard at the planning and environmental commission hearing(s). The council shall have thirty (30) days to affirm, reverse, or affirm with modifications the planning and environmental commission decision, and the council shall conduct the appeal at a regularly scheduled council meeting. Town of Vail Page 9 V. ZONING AND SITE ANALYSIS Addresses: Legal Descriptions: Zoning: Land Use Plan Designations: Current Land Uses: Geological Hazards: View Corridor: VI 2211 North Frontage Road West/Lot 1 (proposed) and 2213 Chamonix Lane /Lot 2 (proposed) Highline Subdivision A Resubdivision of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3 (proposed) Public Accommodation 2 (PA -2)/ Special Development District (SDD) Community Commercial Hotel Moderate Hazard Debris Flow None Development Allowed / proposed Standard Required Lot 1 Site Area 10,000 SF of 3.635 Acres buildable area Enclosed Area 80'x80' Complies Density (DUs) 25 DUs/Acre Complies Lot 2 Site Area 10,000 SF of 0.313 Acres or 13,625 buildable area SF Enclosed Area 80'x80' Complies* Density (DUs) 25 DUs/Acre Complies *Deviation was received through the approved SDD No. 43 Highline DoubleTree SURROUNDING LAND USES AND ZONING Existing Land Use: North: Medium Density Residential South: 1-70 East: Retail West: Retail/Office Chamonix Master Plan VII. REVIEW CRITERIA Zoning District: Two -Family Primary/Secondary (PS) None Community Core 3 (CC3) Community Core 3 (CC3) Housing The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: Town of Vail Page 10 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 finds that the proposed subdivision is consistent with all 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. Of note, one of the goals of the Vail Land Use Plan is applicable to this subdivision. Goal 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). The proposed minor subdivision will allow infill development by creating another developable parcel on a piece of property that is currently developed. Staff finds the proposed subdivision meets 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 As proposed, the two (2) lots meet the applicable development standards for the Public Accommodation 2 (PA -2) District and Special Development District No. 43 Highline DoubleTree. The only deviations from the requirements of the PA -2 district were reviewed and allowed under the SDD No. 43 Highline Doubletree. Staff finds the proposed subdivision meets 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 finds that the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed shared property line splits the parcel into two lots that are respective of the propose uses on the site and do not create any undue burden on either lot. Easements are put in place with this subdivision to allow access and parking between the lots for a harmonious, convenient, and workable relationship. Staff finds the proposed subdivision meets this criterion. 4. The extent of the effects on the future development of the surrounding area; and Town of Vail Page 11 Staff finds that the proposed reconfiguration will have no negative impacts on the future development of the surrounding area. The proposed subdivision creates a lot line that separates two proposed uses. As these two lots were approved as one development lot and share zoning regulations, there is no interior setback so there is no loss of developable area with the added lot line. This change will have no effect on future development in the surrounding area. Staff finds the proposed subdivision meets 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 finds that the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services. The proposed subdivision will not result in a leapfrog development pattern because the lot is already developed and is only separating the proposed uses on the existing lot. The subdivision allows for infill development that will lessen the appearance of any "leapfrog" pattern that may exist today. Staff finds the proposed subdivision meets 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 With the previous minor subdivision application a condition of approval was approved that the applicant receive an "Ability to Serve" letter from Eagle River Water and Sanitation District (ERWSD). This is the process by which the applicant works with ERWSD to appropriate water rights for the proposed new lot. Since the previous approval, this has been received and is no longer relevant Staff finds that the proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. Staff finds the proposed subdivision meets 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 finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole. The proposed uses on these lots have previously be reviewed and approved by both the PEC and Town Council through the Major Exterior Alteration and Special Development District application processes. The Commission and Council found Town of Vail Page 12 those uses, and the contemplated subdivision to be in line with the community's goals within the Town. Staff finds the proposed subdivision meets 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 finds that the proposed subdivision will not result in any adverse impacts to natural environments, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, and other desirable natural features. The site is currently a developed parcel and will not result in adverse impacts on the natural environment. Staff finds the proposed subdivision meets this criterion. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of a final plat pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (3.635 acres) and Lot 2 (0.313 acres), located at 2211 North Frontage Road West and 2213 Chamonix Lane, respectively, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with a condition, this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: "The Planning and Environmental Commission approves, with a condition, the applicant's request for a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 and Lot 2, located at 2211 North Frontage Road West and 2213 Chamonix Lane, respectively, and setting forth details in regard thereto." Town of Vail Page 13 Should the Planning and Environmental Commission choose to approve, with a condition, this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission applies the following condition: This approval is contingent upon the applicant recording the plat prior to the issuance of a building permit for the development of lot 2 of the proposed Highline Subdivision. Should the Planning and Environmental Commission choose to approve, with a condition, this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: "Based upon a review of Section VII of the July 26, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the subdivision is in compliance with the criteria listed in Section 13-3-4, Minor Subdivisions, 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,- 3. own, 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. " IX. ATTACHMENTS A. Vicinity Map B. Proposed Final Plat 6-25-2021 C. 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The plat was not recorded. It was discovered after approval that the Lot area for Lot 2 needed to be amended to address building code issues to provide more separation of the proposed EHU Building to the property line. Lot 2 is being increased in area by 0.06 acres. The remainder of the final plat and application remain unchanged. Highline, a DoubleTree by Hilton, is requesting an application for subdivision, which is the next step in the process to facilitate the construction of a mixed-use project located at 2211 N. Frontage Rd. West in Vail. The Town of Vail previously approved a Rezoning from CC3 to PA2, an SDD, and Major Exterior Alteration for the property. This proposed subdivision allows for the employee housing property to be under separate ownership from the hotel property. In addition, the purpose of the proposed subdivision is to vacate existing lot lines within the site, and establish appropriate easements for the property. Specifically, the purpose of the subdivision is to vacate Lots 1, 2, 3, and Tract A of Vail Das Schone Filing No. 1 and Lot 1 of Vail Das Schone Filing No. 3. Additionally, the plat will vacate the condominium map for the Apex Condominiums (2004). The subdivision then creates Lots 1 and 2, Highline Subdivision. Highline Subdivision 3 The plat also provides a 6 foot wide pedestrian easement along the east property to accommodate a future paved pedestrian path, a roadway easement to allow for a portion of Chamonix Lane that encroaches on the applicant's property, and a access easement to allow access through Lot 2 for the benefit of Lot 1 to allow pedestrian access on a stairway leading from the parking area of the hotel to Chamonix Lane. The proposed plat is consistent with the approved SDD. The Highline SDD was adopted by Ordinance No. 4, Series of 2020. For reference, the Highline SDD allows for the following: 176 AUs with approximately 32,555 sq. ft. of net new GRFA 19 LSLUs with approximately 20,050 sq. ft. of GRFA 12 employee housing bedrooms within a dormitory space with approximately 4,400 sq. ft. of floor area 15 employee housing units (1, 2, and 3 bedroom units) with approximately 13,502 sq. ft. of floor area (located on proposed Lot 2) 208 total parking spaces (39 net new parking spaces, 48 of which are enclosed) Public Benefits of the Project: Employee housing far in excess of requirements, all on-site and near the major employment center, addressing one of the documented critical needs of the Town (The proposal generates the need to house 9.5 employees and the project well exceeds this requirement) All EHUs are highly functional and livable dwellings within the employment center of Vail for single and/or double occupancy 15 Type 3 EHUs, not required as mitigation, are proposed as a benefit of the project Redevelopment of an infill site in the Town of Vail as suggested by the Vail Land Use Plan Economic vitality and enhanced public and private revenues to Town as a result of new lodging facilities and locals housing Improving the Town's hotel bed base New community sidewalk along Chamonix Road along the Highline frontage Highline Subdivision Highline EHU Building 2 improving neighborhood accessibility to and from the commercial areas Zoning Analysis Existing Site: Location: 2211 N. Frontage Rd. West / VAIL DAS SCHONE FIL 3 Block: A Lot: 1 THRU:- Lot: 3, Subdivision: VAIL DAS SCHONE FIL 3 Lot: 1 VAIL DAS SCHONE 1 PT OF TR C VAIL DAS SCHONE 1 Lot Size: 3.95 acres / 172,047 sq. ft. Zoning: SDD with underlying zoning of Public Accommodation 2 (PA2) Proposed Subdivision: Location: 2211 North Frontage Road West / Lot 1, Highline Subdivision 2213 Chamonix Lane / Lot 2, Highline Subdivision Lot Size: Lot 1 - 3.635 acres / 158,340 sq. ft. Lot 2 - 0.313 acres / 13,634 sq. ft. Zoning: SDD with underlying zoning of Public Accommodation 2 (PA2) Highline Subdivision 5 Criteria for Review: Minor Subdivision A minor subdivision is reviewed under the criteria listed under Section 13-3-4 COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS, Vail Town Code. Each criterion is listed below, along with the applicant response to the criteria: 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; APPLICANT RESPONSE: The property is discussed in the Vail Land Use Plan. Other applicable plans include the Vail 20/20 Plan and the Housing Strategic Plan, all of which are described below: • Vail Land Use Plan The adopted map of the Vail Land Use Plan shows a designation of "Community Commercial" for the majority of the property. LAND USE DESIGNATIONS 0 Hils,de Residential Transition A— L— Deredy Resio ntial Pudlicl SemlPrdAic Median Density RwdeMial Ski Base High Density Residemid Park 0 Resort A=nnnvdatims ar Sercices Open Space Community Office Nat Designated Village Masts Plan iIF Ski Portal LionsHead Ren--iopmew Master Plan - C— pC--i.C--i.1�f � Gore Greek Town Boundary are\ Yo\ \ Y Per the Vail Land Use Plan of 1986, this area was designated to be Community Commercial. (See Vail Land Use Plan, Chapter VI - Proposed Land Use). This area includes activities aimed at accommodating the overnight and short- term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also Highline Subdivision 6 allowed in this category, would be institutional uses and various municipal uses." (Vail Land Use Plan pg. 25) This new category has been designated for the West Vail commercial area, which is primarily oriented to serve the needs of the permanent resident and the long-term visitor. Because the community expressed the desire to concentrate commercial uses within existing commercial nodes, no new commercial areas have been designated. The CC land use area contains 24 acres or 1% of the land area. " (Vail Land Use Plan pg. 28). The intention of the Preferred Land Use Plan was to "...reflect[s] a balancing of existing conditions, community opinion, opportunities and constraints, and projected growth demands. The Vail Land Use Plan provides the following Goals and Objectives that are applicable to this proposed subdivision: 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. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5. Commercial strip development of the Valley should be avoided. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 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. 5. Residential Highline Subdivision 7 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. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. • Vail 20/20 Plan The Vail 20/20 Plan provides the following goals: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Employee Housing Strategic Plan The Employee Housing Strategic Plan outlines the Town of Vail's goals and policies to ensure employee housing. It provides the following objectives: The Town of Vail adopted the Employee Housing Strategic Plan in 2016, recognizing the difficulties that Town faced in ensuring the availability of housing for Vail residents. The plan provided one goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. It further states: These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Highline Subdivision 8 By virtue of the occupancy requirements of the deed restrictions, the Town of Vail does not need to own resident homes to forward its mission of maintaining and sustaining community. Title to real estate can change ownership often. Once recorded, a deed restriction transfers with the title and survives changes in ownership over time, thus assuring long term resident housing. This proposed subdivision helps to further the goal of the Town of Vail to provide deed - restricted housing for 30% of the workforce. This property creates an exciting opportunity to create new housing stock in an area that provides services and transportation within walking distance. This allows Vail to remain economically competitive in attracting and maintaining a quality workforce. The proposed subdivision, as documented with the approval of the SDD and zone change applications, is consistent with the goals and objectives of the various Town of Vail planning documents and helps to further four of Vail's critical goals: creating employee housing within the Town of Vail boundaries to ensure that Vail remains economically competitive; maintaining and increasing the Town's lodging bed base to increase revenues and improve the vitality of the Town's economy; to increase occupancy and vitality in the shoulder seasons by providing new conference space; and promoting infill development within the Town. 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; APPLICANT RESPONSE: The proposed subdivision allows for the employee housing site to be under separate ownership from the Highline property. However, for the purposes of zoning, both properties are subject to the approved SDD No. 42. The proposed subdivision is consistent with the standards to Title 12 and with the approved SDD, and therefore 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; APPLICANT RESPONSE: This property sits on the edge between the West Vail Commercial Center and multi -family residential properties. The West Vail Commercial Center consists of commercial uses designed to meet the needs of locals and guests alike. When moving between commercial zoning and residential zoning, it is important to consider a transition that provides a harmonious, convenient, and workable relationship among the existing land uses. Just like the existing hotel, the proposed hotel and employee housing will provide Highline Subdivision 9 such a transition and will continue to be compatible and complimentary to the other uses within the area. Given the location and adjacency of two zone districts types (commercial and residential), a hotel and workforce housing such as this provide an obvious transition and present a harmonious, convenient and workable relationship between these land uses. The proposed subdivision, as documented with the approval of the SDD and zone change applications, furthers three major development objectives: • Provision of employee housing • Encourage the preservation and expansion of the Town's lodging bed base • Encourage the development of conference facilities to address generation of revenues during the slower shoulder seasons As a result, the proposal is consistent with this criterion. 4. The extent of the effects on the future development of the surrounding area; APPLICANT RESPONSE: Highline is adjacent to the 1-70 and North Frontage Road corridor to the south of the property. It provides a transition between the West Vail commercial core to its east, commercial to the west, and residential to the west and to the north. The Vail Land Use Plan expressed a desire to concentrate commercial uses in designated locations. The Highline provides lodging to overnight guests, while the EHU units provide the desirable transition from Commercial uses to Residential uses (which are to the north and to the west of the property). Highline Subdivision 10 The approved uses are compatible with the surrounding residential uses to the north and west and the commercial uses to the east and the west as was determined with the approval of the SDD and zone change last year. The proposed EHU structure is similar in scale and mass to the Chamonix Townhouses and other multi -family buildings in the area. As a result, the proposed subdivision is compatible with the surrounding area and is consistent 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; APPLICANT RESPONSE: The proposed subdivision, along with the already approved SDD and zone change, are located within the established commercial and residential center of West Vail. This area is well -served by public services, including fire, police, and ambulance services. As an infill development, this subdivision is the opposite of "leapfrog" development, because it is located in an area where services and public facilities already exist, and no duplication or premature extension is necessary. The proposed subdivision therefore 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; APPLICANT RESPONSE: As an infill site, impacts to utilities are minor. Utility service is currently provided to the property. The proposed subdivision 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; APPLICANT RESPONSE: The proposed subdivision is the final implementation of the Town's approval of the Highline SDD. The SDD allows for the redevelopment of the Highline hotel and the creation of employee housing within a major commercial center of the Town of Vail. This proposed subdivision therefore 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; APPLICANT RESPONSE: The proposed subdivision does not adversely impact the natural environment. The site is currently largely developed and any environmental impacts the may have occurred did so decades ago. As evidenced in the EIR provided from the review Highline Subdivision 11 of the SDD, there is limited to no impacts on water quality, air quality, noise, vegetation, riparian corridors, hillsides, or other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. APPLICANT RESPONSE: Any additional information requested from the Planning and Environmental Commission or Town Council can be provided by the applicant. Highline Subdivision 12 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 26, 2021 ITEM/TOPIC: A request for review of a Conditional Use Permit pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0019) ATTACHMENTS: File Name Description PEC21-0019 Highline CUP Staff Memo (Final).pdf PEC21-0019 Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Applicant Narrative 3-29-21.pdf Attachment B. Applicant Narrative 3-29-21 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: A request for review of a Conditional Use Permit pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent (10%) and fifteen percent (15%) of the total GRFA at the Highline Hotel located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0019) Applicant: TNFREF III Bravo Vail LLC represented by Mauriello Planning Group Planner: Greg Roy SUMMARY The applicant, TNFREF III Bravo Vail LLC represented by Mauriello Planning Group, is requesting the review of a Conditional Use Permit to allow accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities, pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, located within the PA -2 zone district, per Section 12-7J-3, Vail Town Code. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, TNFREF III Bravo Vail LLC represented by Mauriello Planning Group, is requesting the review of a Conditional Use Permit to allow accessory eating, drinking, or retail establishments located within the principal use ad occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. Any exterior changes to the building are subject to review by the Design Review Board, however no exterior changes are proposed with this application. As part of the previously approved SDD #43 for the Highline Hotel redevelopment, a condition of approval was that the applicant obtain a conditional use permit for the commercial uses that are between 10% and 15% of the GRFA on the site. The amount of commercial use area in the hotel is approximately 8,475 square feet or 10.89% of the GRFA on the site. A copy of the applicant's narrative has been attached for reference (Attachment B). III. BACKGROUND In 1980 the hotel was built in the under Eagle County jurisdiction and annexed into the town per Ordinance No. 43, Series of 1980 and subsequently zoned CC3 within the required ninety days. The annexation ordinance was later overturned by the Colorado Court of Appeals due to a lack on contiguity. The property was annexed again with Ordinance No. 1, Series 1986 and was again zoned CC3 through Ordinance No. 10, Series of 1986, but is now zoned PA -2 with the approval from Town Council in 2020. Over time there have been multiple applications for small additions or exterior alterations. Most recently was the exterior alteration that allowed for restriping of the parking lot, pool upgrades, and exterior facade upgrades to the building in 2016. This application was discussed as part of a work session with the PEC on December 9th 2019. The Design Review Board also saw the application for a conceptual review on December 18th, 2019. The PEC heard this application on March 9th and the application was tabled to the March 23rd meeting at the applicant's request. Due to the March 23rd meeting being postponed the application was reviewed at the April 13th meeting and was recommended for approval. Town Council approved the SDD and rezoning applications on second reading at the June 16, 2020 meeting. IV. APPLICABLE PLANNING DOCUMENTS 12-7J-1: PURPOSE.- The URPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same zone district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the town's Vail Village and Lionshead commercial core areas. The public accommodation -2 district is intended to ensure Town of Vail Page 2 adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. (Ord. 2(2006) § 2) 12-7J-3: CONDITIONAL USES.- The SES:The following conditional uses shall be permitted in the PA -2 district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. Public transportation terminals. Public utility and public service uses. Religious institutions. Theaters and convention facilities. (Ord. 2(2016) § 18: Ord. 12(2008) § 25: Ord. 1(2008) § 23: Ord. 2(2006) § 2) CHAPTER 12-16: CONDITIONAL USE PERMITS (in part) SECTION 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 so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for Conditional Use Permits shall be denied. Town of Vail Page 3 V VI SITE ANALYSIS Address: Legal Description: Existing Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: 2211 North Frontage Road West Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3 Public Accommodation -2 (PA -2) District Community Commercial Lodge Debris Flow, Steep Slopes and Rock Fall Hazard Development Required by Town Approved Changes Standard Code Lot Size Min. 10,000 sq. ft. 3.95 acres (172,047 No Changes sq. ft. Minimum Setbacks Front — 20' North: 20' No Changes Side — 20' South: >20' Rear — 20' East: 12' West: >20' Maximum Height 48 ft. max - mansard 47'6" ft. max No Changes 45 ft. max - flat 44'3" ft. max GRFA Max. 150/100 77,805 sq. ft. No Changes Buildable Site Area or 258,070 SF Site coverage Max. 65% of site area 62,070 sq. ft. or 36% No Changes maximum or 111,830 sq. ft. Minimum Min. 30% of site area 53,948 sq. ft. or 31 % No Changes Landscaping or 51,614 sq. ft. Minimum Snow Min. 30% of paved 17,189 sq. ft. or 30% No Changes Storage area* or 16,945 sq. ft. Required Parking 256 spaces 208 spaces No Changes SURROUNDING LAND USES AND ZONING Existing Use North: Multi-family/Single- family South: 1-70 East: Commercial Zone District Two -Family Primary/Secondary Residential N/A Commercial Core 3 (CC3) West: Commercial/Housing Commercial Core 3 (CC3) & Housing (H) VII. REVIEW CRITERIA Town of Vail Page 4 Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Community Development Department finds the proposed uses to be consistent with the development objectives of the Town of Vail. Specifically, the proposed uses address goals identified in the Vail Comprehensive Plan. Goals in the Vail Comarehensive Plan: Following are the Recommended Actions from the Vail Comprehensive Plan relevant to this application: Economy Goal #1: Increase the Town of Vail's economic activity as measured by tax revenue to, at a minimum, keep pace with annual inflation. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed conditional use will have minimal impacts on light and air, distribution of population, utilities, schools, parks and recreation facilities, and other public facilities needs. This is an existing developed tenant space that is currently in use on the site. No additional impacts are expected as this CUP is only required due to the change of zoning on the property. The Community Development Department finds this criterion to be met. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There will likely be little to no additional impacts with approval of this conditional use permit. The parking, traffic flow, access, maneuverability, and removal of snow for these commercial uses was reviewed and approved as part of the SDD and Exterior Alteration applications. This application proposes no changes to those original plans and staff finds no additional impacts with this application. The Community Development Department finds this criterion to be met. 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. Town of Vail Page 5 The proposed Conditional Use Permit will have no significant impacts on the character of surrounding area. This is an existing building and no changes are proposed to the exterior of the building as part of this application. The commercial area in question exists there today and is not expected to have negative impacts on the character of the area. The Community Development Department finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. An environmental impact report is not required by Chapter 12. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions the Conditional Use Permit for to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0019). This 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 this Conditional Use Permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves, with conditions, this request for a Conditional Use Permit pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0019)" Conditions: This Conditional Use Permit shall lapse and become void if a building permit is not obtained to remove the second floor office space and diligently pursued toward completion or the approved use has not commenced within two (2) years Town of Vail Page 6 from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. 3. The floor plan included as part of the permit application review by the Planning and Environmental Commission is illustrative only. The precise location of the commercial uses within the building may be modified, however the size of the commercial areas may not increase without a modification to this permit. Should the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated July 26, 2021 and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The proposed Conditional Use Permit is in accordance with the purposes of the PA -2 District and SDD #43. 2. The proposed location of the use and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed Conditional Use Permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative 3-29-21 Town of Vail Page 7 co O O N U �Wcb .� a O ' O M Q) O O O) � �WNa i�aULLI o� wy a ,0 O co u)O CO O L O oa,�� w N o O O N J =O cx ii 0 —o —10 LO N 0 �x ! i! !i lR S2 eC i! I \ II h IIS II li � �i we Rrn. � u Ipui A,� \ II pnnell�ani. l�eaaeigloo VIII to Vii. moi- dl�:= Application for a Conditional Use Permit 0 1 'Ali I DTOW, 0'"1 ra Consultant Directory Developer/Owner Mark Mutkoski TNREF III Bravo Vail, LLC % True North Management Group, LLC 10 Bank Street, 12 Floor White Plains, NY 10606 Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com Architect Bill Pierce and Kit Austin Pierce Austin Architects 1650 Fallridge Road, Suite C-1 Vail, CO 81657 970.476.6342 Civil Engineering Matt Wadey, P. E. Alpine Engineering Inc. 34510 Highway 6, Unit A-9 Edwards, CO 81632 970.926.3373 Highline, A DoubleTree by Hilton 2 Table of Contents Consultant Directory Introduction 2 D History of the Commercial Floor Area Limitation in PA 6 Zoning Analysis / SDD Allowances (no changes proposed) 7 Criteria for Review: Conditional Use Permit 9 Highline, A DoubleTree by Hilton 3 Introduction Highline, a DoubleTree by Hilton (Highline hereafter), is requesting approval of a Conditional Use Permit to allow the existing commercial floor area within the Highline, a Doubletree by Hilton to remain and exceed the 10% limitation of the PA -2 Zone District. In June of 2020 the Highline property was rezoned from Commercial Core 3 (CC3) to Public Accommodation 2 (PA -2). In addition to the accommodation uses at the Highline property are commercial uses of approximately 12,975 sq. ft. These commercial uses include the following: • Two 3rd party restaurants; • One hotel bar and restaurant; • Town hotel oriented retailers/service providers; • A second floor commercial space (removed as part of the SDD). Highline, A DoubleTree by Hilton 4 The CO zone district did not allow for lodging but allowed for unlimited commercial floor area. The PA -2 zone district allows lodging but restricts the amount of commercial floor area allowed. The PA -2 zone district states: Permitted Uses: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. With the approval of the SDD for the Highline, the total commercial floor area will be 8,475 sq. ft. representing 10.89% of the total GRFA located onsite and therefore generates the need to obtain a conditional use permit. Accessory Commercial Floor Plan - Per SDD DT -MAIN LEVEL -EXISTING 1' 1/16" = T_0" IT 1 11 1 S Wp Z ao = O0 c� LL o Ll tX0 (eJ O� G 1sEasaes Fasnl a EXISTING HOTEL,- aA1A1 NORTH Highline, A DoubleTree by Hilton 5 History of the Commercial Floor Area Limitation in PA The PA -2 zone district was created in 2006 specifically for the Marriott Residence Inn development. The PA -2 zone district was a near copy of the PA zone district but allowing for Limited Service Lodge Units (hotel rooms with kitchens). The provisions related to accessory commercial space trace back to the original PA zone district. In the 1969 zoning regulations, there was no limitation placed on accessory commercial uses within the PA zone district. The 1973 zoning regulation included a provision that limited the accessory uses to 20% of "gross floor area" of the structures onsite. This was a much more liberal provision than what exists today at 20% and provision used the gross floor area of all of the building regardless of whether the floor area was residential or commercial. At some point between 1973 and 1996, the provision was changed to 10% of "Gross Residential Floor Area" as the limitation in the PA zone district. This was a significant change that likely affected every property zoned PA within the core areas of Vail, making many of them nonconforming. In 2003 (Ordinance No. 13) the PA zone district was amended to allow by conditional use commercial floor area between 10% and 15%. This request was proposed by the Sonnenalp Hotel to allow more flexibility with the standard. This is the standard that exists today. While the Highline has only 77,805 sq. ft. of GRFA proposed by the SDD, if you include the floor area related to Employee Housing Units, which is not counted as GRFA, there is another 17,902 sq. ft. of floor area. Together that results in a total area of 95,707 sq. ft. which would allow 9,570 sq. ft. for accessory commercial uses. If that were the case, no conditional use permit would be necessary. In all likelihood, when the floor area of Employee Housing Units was exempted from GRFA in the late 1990s, this consequence to the PA or PA -2 zone district was not fully understood. It might be advisable for the Town at some point to amend both the PA and PA -2 zone districts to clarify the calculation of floor area for accessory commercial uses and to allow a conditional use permit for any amount of floor area in excess of 10%. Highline, A DoubleTree by Hilton 6 Zoning Analysis / SDD Allowances (no changes proposed) Location: 2211 N. Frontage Rd. West/Lots 1 and 2, Highline Subdivision Parcel Number: 210311415017 Lot Size: 3.95 acres / 172,047 sq. ft. Zoning: SDD over Public Accommodation 2 (PA2) Development Standard Existing Lot Area 3.95 acres (rounded) 172,047 sq. ft. Lodging and Residential 97 AU Uses 19 DU Commercial Uses (gross sq. ft.) Conference Parking Parking Enclosed Valet Parking Parking in the Front Setback Setbacks Building Height 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 4,500 sq. ft. office/commercial Proposed 3.95 acres (rounded) 172,047 sq. ft. 176 AU 19 LSLU 12 EHU Dorm Units 15 EHUs (apartments) 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 0 sq. ft. office/commercial (converted to EHU Dorm) 3,076 sq. ft. gross area 7,666 sq. ft. gross area 2,666 sq. ft. conference seating 6,616 sq. ft. conference seating area area 169 spaces North - > 20 ft. East - > 20 ft. South - > 20 ft. West - > 20 ft. 52 ft. 208 spaces 22.3% overall parking 51.62% of total parking Allowed by SDD North - 20 ft. East - 20 ft. South - 20 ft. West - 20 ft. Trash/Recycle 12' on Lot 2 52 ft. existing building 48 ft. new buildings Highline, A DoubleTree by Hilton 7 Development Standard Existing Density GRFA EHU Floor Area Site Coverage Landscape Area Internal Parking Landscaping (10% of surface parking area) Snow Storage (30% of surface parking area) Driveway Grades Manmade Grades of greater than 40% 12 units per acre allowed Noncompliant with CC3 19 DU 97 AU Total: 116 "units" 51,614 sq. ft. (30%) allowed 45,250 sq. ft. (26.3%) total 25,200 sq. ft. existing AUs 20,050 sq. ft. existing DUs Proposed Uses do not count as density per code 176 AU 19 LSLU 12 EHU Dorm rooms 15 EHU apartments/condos 258,070.5 sq. ft. (150%) allowed 77,805 sq. ft. total 32,555 sq. ft. net new AUs 25,200 sq. ft. AUs existing 20,050 sq. ft. LSLU converted DUs 0 sq. ft. 17,902 sq. ft. total 4,400 sq. ft. EHU Dorm 13,302 sq. ft. EHUs 68,818 sq. ft. (40%) allowed Existing 36,084 sq. ft. (21 %) 43,012 sq. ft. (25%) required 60,388 sq. ft. (35%) existing Paved area = 72,194 sq. ft. Internal Landscaping Required 7,219.4 sq. ft. (10%) Internal Landscaping Existing: 6,564 sq. Ft. (9%) Paved Area: 72,194 sq. ft. Snow storage Required: 21,658.2 sq. ft. (30%) Snow Storage Existing: 23,210 sq. ft. (32%) sq. ft. 111,830 sq. ft. (65%) allowed Proposed 62,070 sq. ft. (36%) 51,614.1 sq. ft. (30%) required 53,946 sq. ft. (31.35%) proposed (with deviation and grasscrete area) Paved area = 58,019 sq. ft. proposed Internal Landscaping Required: 5,802 sq. ft. (10%) Internal Landscaping Proposed: 12,715 sq. ft. (21.9%) (including grasscrete area) Paved area (unheated) = 59,134 sq. ft. Paved area (heated) = 2,303 sq. ft. Snow storage Required: 16,945 sq. ft. (30%/10%) Snow storage Proposed: 17,189 sq. ft. (including grasscrete area) Trees allowed in snow storage areas 10.6% centerline grade allowed for existing driveway 10% cross slope allowed for existing driveway Development allowed on grades greater than 40% Highline, A DoubleTree by Hilton 8 Criteria for Review: Conditional Use Permit Section 12-16-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a conditional use approval. These criteria, along with an analysis, are provided below: 1. The relationship and impact of the use on development objectives of the town. Applicant Response: The Highline is located adjacent to and within the West Vail commercial area which is geared towards serving retail and restaurant consumers both from the local community and guests to the Vail area. Allowing these existing commercial facilities to continue helps to maintain the commercial vibrance of the area, allow needed services, and general sales tax to the Town of Vail all of which align with the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools parks and recreation facilities, and other public facilities and public facilities needs. Applicant Response: Since the uses are all existing, there are no impacts to these facilities or the Town's population. 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. Applicant Response: Since the uses are all existing, there are no new impacts to these issues. 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. Applicant Response: Since the uses are all existing, there are no new impacts to these issues. Highline, A DoubleTree by Hilton 9 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 26, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0018) ATTACHMENTS: File Name Description PEC21-0018 Staff Memorandum - Highline - SDD Amend (Final).pdf PEC21-0018 Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Highline SDD amendment narrative compressed.pdf Attachment B. Applicant Narrative PEC21-0018 Plans Part1.pdf PEC21-0018 Plans Part2.pdf PEC21-0018 Plans Part3.pdf Attachment C. PEC21-0018 Plans Part 1 Attachment C. PEC21-0018 Plans Part 2 Attachment C. PEC21-0018 Plans Part 3 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0018) Applicant: TNFREF III Bravo Vail LLC represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group and Triumph Development, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Based upon Staff's review of the criteria outline in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions to the Vail Town Council to amend Special Development District No. 43. II. DESCRIPTION OF REQUEST The applicant, TNFREF III Bravo Vail LLC represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of an application to amend Special Development District No. 43 (Highline Double Tree), pursuant to Section 12-9A- 10 Amendment Procedures, Vail Town Code, to create a phasing plan for the SDD, clarify conditions that are completed or no longer relevant, and request an extension to the approval period with no requirement for a maximum one year period between the completion of a phase and the start of the subsequent phase, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Attached for review are: A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-16-2021 III. BACKGROUND In 1980, the hotel was built under Eagle County jurisdiction and was annexed into the Town of Vail per Ordinance No. 43, Series 1980 and the zoned Commercial Core 3 (CC3) within the required ninety days. The Ordinance was later overturned by the Colorado Court of Appeals due to a lack on contiguity. It was then annexed again with Ordinance No. 1, Series 1986 and was again zoned CC3 with Ordinance No. 10, Series of 1986. Over time there have been multiple application for small remodels or exterior alterations. Most recently was an exterior alteration that allowed for the restriping of the parking lot, pool upgrades, and exterior facade upgrades to the building in 2016. This application was discussed before the PEC as part of a work session on December 9th 2019. The Design Review Board also reviewed a conceptual application on December 18th, 2019. This application was scheduled to be heard on March 23rd but was tabled to the April 13th meeting where the major exterior alteration was approved and the rezoning and SDD application was recommended for approval to Town Council. Town Council heard Ordinance No. 3 for the rezoning on June 2, 2020 and June 16, 2020 for the first and second reading, respectively. This application along with Ordinance No. 4 for the creation of the SDD, which was heard at the same meetings were passed by Town Council. The PEC heard an application for a minor subdivision on this property on March 8th of 2020 and approved the plat. That plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. Town of Vail Page 2 Highline - A Doubletree Hotel Special Development District Amendment - PEC21.0018 i Conditional Use Permit • PEC21.0019 Minor Subdivision - PEC21.0030 �' 2211 North Frontage Road West. Lot 1, Vail Das Schone Filing 3 R�yr F=Pr CrF�GR�� F®�. +F �4 mo 7. —I— Feet ,b�.,..- ..,....,.•� ,-. �.•......� �:<:..:�M".::.:_;oma',..:, 0 25 so 1011 La[ModiFaa JNy 14,=1 IOWMOf7A1l% IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Town Code ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: 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. An Town of Vail Page 3 approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 9(1994) § 1: Ord. 21(1988) § 1) 12-9A-2: DEFINITIONS.- AFFECTED EFINITIONS: AFFECTED PROPERTY: Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved special development district. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the special development district is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. 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. MINOR AMENDMENT (STAFF REVIEW). Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building footprints, changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common Town of Vail Page 4 areas and other nonresidential floor area, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved. The following zone districts are prohibited from special development districts being used: hillside residential, single-family residential, two-family residential, two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 13(1997) § 2: Ord. 9(1994) § 2: Ord. 21(1988) § 1) 12-9A-4: DEVELOPMENT REVIEW PROCEDURES.- A. ROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of Town of Vail Page 5 the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-6: DEVELOPMENT PLAN.- An LAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. (Ord. 29(2005) § 26.- Ord. 6: Ord. 21(1988) § 1) 12-9A-7: USES.- Determination SES:Determination of permitted, conditional and accessory uses shall be made by the planning and environmental commission and town council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential special development districts if, in the opinion of the town council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the special development district. The amount of area and type of such uses, if any, to be allowed in a residential special development district shall be established by the town council as a part of the approved development plan. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS.- Town INDINGS:Town of Vail Page 6 A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. 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.- 1. chieved: 1. 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. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. 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. 6. 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. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: Town of Vail Page 7 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD 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 SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the SDD 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. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-9: DEVELOPMENT STANDARDS.- Development TANDARDS: 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. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-10: AMENDMENT PROCEDURES.- A. ROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the definition of "minor amendment" in subsection 12-9A-2 of this article, may be approved by the department of community development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the department of community development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within and adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the department of community development. Notifications shall be Town of Vail Page 8 postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the planning and environmental commission will be informed of the administrative action. In all cases the report to the planning and environmental commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions maybe filed by adjacent property owners, owners of property within the special development district, the applicant, planning and environmental commission members or members of the town council as outlined in section 12-3-3 of this title. B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed on all special development districts in accordance with title 2, chapter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-12: TIME REQUIREMENTS.- A. EQUIREMENTS: A. Start Of Construction, Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. Town of Vail Page 9 B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the approval of said special development district shall be void. The planning and environmental commission and town council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in section 12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-13: FEES.- The EES: The filing fee for special development district applications and for major and minor amendments to special development districts shall be set by the town council by resolution. Applications deemed by the department of community development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review any special development district application, said outside consultant shall be commissioned by the department of community development. The department of community development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the special development district application is submitted to the department of community development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within thirty (30) days of notification by the town. (Ord. 29(2005) § 26: Ord. 5(1991) § 1: Ord. 21(1988) § 1) 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS.- Nothing ISTRICTS: Nothing in this article shall be construed to limit, replace or diminish the requirements, responsibilities, and specifications of special development districts 2 through 21. The town council specifically finds that said special development districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the town. These SDDs, if not commenced at the present time, shall comply with section 12-9A-12 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) V. SITE ANALYSIS Address: 2211 North Frontage Road West Legal Description: Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing Town of Vail Page 10 VI Existing Zoning: Proposed Zoning: Land Use Plan Designation Current Land Use: Proposed Land Use: Geological Hazards: No. 1 and Lot 1, Vail Das Schone Filing 3 Commercial Core 3 (CC3) Public Accommodation -2 (PA -2) District Community Commercial Lodge Lodge and Employee Housing Apartment Building Debris Flow, Steep Slopes and Rock Fall Hazard Development Required by Town Approved Standard Code Lot Size Min. 10,000 sq. ft. 3.95 acres (172,047 sq. ft.) Minimum Setbacks Front — 20' North: 20' Side — 20' South: >20' Rear — 20' East: 12' West: >20' Maximum Height 48 ft. max - mansard 47'6" ft. max 45 ft. max - flat 44'3" ft. max GRFA Max. 150/100 Buildable 77,805 sq. ft. Site Area or 258,070 SF Site coverage Max. 65% of site area or 62,070 sq. ft. or 36% maximum 111,830 sq. ft. Minimum Landscaping Min. 30% of site area or 53,948 sq. ft. or 31 % 51,614 sq. ft. Minimum Snow Min. 30% of paved area* 17,189 sq. ft. or 30% Storage or 16,945 sq. ft. Required Parking 256 spaces 208 spaces SURROUNDING LAND USES AND ZONING Existing Use North: Multi-family/Single- family South: 1-70 East: Commercial Zone District Two -Family Primary/Secondary Residential N/A Commercial Core 3 (CC3) West: Commercial/Housing Commercial Core 3 (CC3) & Housing (H) VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REQUESTED: 1. Phasing Plan This SDD's approval did not include a phasing plan and the components were to be Town of Vail Page 11 developed at the same time. This amendment proposes to split the project into two phases. Below is a summary of the improvements to be completed with each of the phases: Phase 1 1. Construction of the EHU building. 2. All landscape improvements on the propose Lot 2. 3. Sidewalk and parking improvements along Chamonix Ln and continuing the sidewalk from the Chamonix Rd intersection to the bus stop. 4. Construction of the stairs from Chamonix Ln to the parking lot. Phase 2 1. Construction of the hotel addition, including the underground parking. 2. Remodel of the pool deck. 3. Reconfiguration of the parking lots. 4. Continuing the sidewalk down Chamonix Rd. The Applicant also proposes to be allowed to perform some of the improvements that are within the existing hotel structure, namely the conversion of office space to a dormitory. 2. Amend Conditions of Approval With the original approval of the SDD, there were thirteen conditions of approval that are listed below. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one -bedroom units in the EHU building not to be included in the mitigation bank. Town of Vail Page 12 7. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2' gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installation shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. Out of these thirteen conditions the Applicant is proposing the following modifications as listed in the narrative with the applicant's reasoning and follow by Staff's comments. this condition will be satisfied with the proposed final plat which will be acted Lipan prior to Town CounriI approval o4 th is S D D amendment', If the PEC does approve the minor subdivision as it is heard at this meeting, this condition will be no longer relevant. 4 -- - (this condition will have alremady been satisfied} If the PEC does approve the conditional use permit as it is heard at this meeting, this condition will be no longer relevant. 5- App.cent sna.. ob ain aFproval from Hely Cress o vacate the easerrent unser the proposed hotel addition before a buiIdirq permit is issued for tl-e hotel addition. This condition was related to an easement (shown in orange below) that is underneath the proposed hotel addition. The modification of the easement would make sense to be tied to the hotel addition in phase two as proposed by the applicant. Town of Vail Page 13 RELOCATE EMISPNY TELEPHONE P£11ESR1 C,.TADE VF WU PEPL4t£,1Mi .ONFTCI.RE DISThc; 6- CIE• w.4TE� �rE [F9GVI :AGH/L FLUW=1hC FLANS 1471! PROPDM:l GAS MEPE9 LOCATION FCR E]]STINC 'D PROPOSED SOLDMS WATEi SENVICE IF EkISTNC SERVICE OEENE] rEQI.ITEL, gI1E.1 {{P` IMP , .PNIFE 2� I'R1" s�4-Wi fi Tu HPCPCSW fEU�n4G 'SLIUINGS. IN 2'WHC` TEE EN D(ISITNC E11- TEP MAH. INSTILL Sr :ATE VALVE ,ND THRUST BLDCK R6,l;QJr - FN] RDKYOE 'ASE I,,TALL _--_-- LFLLL ]EFM ;E4CH. MATH ;ECTIG• T-'3 1) III •FLY•: HELCCITE UISTINS GK5 SEWCE INSTALL 6' ILEAND-IT 91W -%G420 Ixv t�'=r4a+.a I! _I}II I�i Fid" f 'l I Y'!Ih! - A f i E 1 (This condition has been satisfied.) 9_ Ths plir t shall {heyo +ha draiRage for f'hApAo-nix I-PBRig S30mlig OR +ha b6lil.,iRq PeFffiit s+lbffii (This condition has been satisfied_) 10_ The a PPI 0 G@ R= This condition has been satisfied_} Ld Conditions 8, 9, and 10 were comments made from our Public Works team on improvements that they needed to happen along Chamonix Lane. With this latest set of plans those changes have been made and have been approved by Public Works. As such, these are no longer relevant. P TF 9 Town of Vail Page 14 11_Applicant shall ;me r -ea . Ad RP .._...=F,bu.:.._ =- provide pub is art ons-te with a value of a least $32,500 and the installation of he publ-c ark shall be completed befcre a certificate of occupancy for the hotel addition is granted. As the condition was affirmed by Council that the minimum dollar amount of the art shall be $32,500 the change to this condition is appropriate. Our AIPP Coordinator has approved of the change to the wording of this condition. 12- ppll:, R {h4 GGFF&Gt PIRREtG- n@0+ -i,a n a^ts, ^=tl;& G P& _,&PiRP:R;&P+ pr k, the v l5ffiRtE - (This condition has been satisfied.. As of March 18th, 2020, there were unresolved comments from the Fire department on the staging and access plan. This was the latest review before the application went to public meetings, and the condition was added that these comments be met. At this time the Fire department staff has not had time to review the latest submission to see if the comments related to phase one have been addressed. As staff believes the comments for phase one and phase two could be answered independently, an alternative condition is proposed by Staff to keep the project moving forward. "12. The Aapplicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development." 13- Applicant sha update all plan pages to match the later- submission prior to the submittal forthe --'.e5-an Revie-v; Board applica-icn foreach phase of leve opment- Staff supports this amendment to ensure that as future DRB applications come in the plans are clear and laid out for each phase. 3. Extension of Approval Period Section 12-9A-12 Time Requirements lays out the time requirements for completion of an SDD. The requirements are listed in subsection A: "A. Start Of Construction, Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. " The first requirement is that construction must begin within three (3) years of approval. The applicant is asking for approval to extend that time to six (6) years, which would give the project until June 15th, 2026 to start construction. The second time requirement is that if the project is to be done in phases then construction of subsequent phases must begin within one year or completion of the previous phase. The applicant is asking for this portion of the requirement to be waived to allow them to start the second phase with no regard to when the first phase is completed. Town of Vail Page 15 The purpose of this section is to ensure that SDDs that are approved are initiated and completed in a timely manner. As time progresses, Town Code, building codes, and fire codes change, the design and construction of a project could change as well. By 2026 the fire code and building code would have gone through two adoption cycles. By extending the approval period of the project the buildings could be non-compliant with the code at the time that it is built. If the PEC determines that six years would be against the intent of this code section. An option would be to restart the approval period if/when Town Council approves this proposed amendment, which would give the SDD until August 2024 (specific date uncertain) to start construction. If the PEC determines that restarting the approval date with the approval of this amendment is appropriate, Staff suggests the following condition be added to the SDD: "The initial phase of construction shall begin within three (3) years from the time of the approval of this SDD Major Amendment, PEC21-0018, with the construction of the second phase to begin within one year of the completion of the first phase." VIII. REVIEW CRITERIA — SDD Criteria: The following design criteria shall be used as the principal criteria in evaluation the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that the 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: 1. 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. The proposed SDD amendment is generally compatible and sensitive to the immediate environment, neighborhood or adjacent properties. The proposed phasing plan shows that the phase one portion of the SDD will be able to be constructed in a way that will fit into the current site. There are no design changes that would affect the compatibility with the neighborhood or adjacent properties. Staff finds that this criterion is met. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 16 The SDD amendment does not propose a change in the use, or activity on the site. Density in terms of residential will be decreased with this application. In terms of building density as site coverage, the application does not propose any new density that has not already been approved. Staff finds that this criterion is met. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The phasing of this project would put the EHU building construction before the hotel addition. This would preserve the existing parking at the northwest of the site and maintains enough parking for the existing hotel and the EHU building. Staff finds that this criterion is met. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The application would be forwarding the Goal #4 of the Land Use and Development section of the comprehensive plan if the employee housing building would be in addition to required employee housing. The applicant is proposing to build this as a mitigation bank so that future developments that are unable to build the necessary units on their site can buy into the mitigation bank to satisfy their requirement. The application is leaving two one -bedroom units and two three-bedroom units out of the bank as a true benefit that cannot be credited towards another development. Having these additional units puts the town closer to achieving its goals for providing housing. This amendment also proposes to build the EHU building prior to the hotel addition which provides the most benefit in terms of timing. Staff finds that this criterion is met. 5. 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. There are steep slopes, hazardous rock fall, and debris flow that affect this property. The applicant supplied a report on these hazards. The report states that a site specific study would need to be completed for debris flow to suggest the needed mitigation for the site, and that the rock fall hazard was low for this site. A site specific study for all geologic hazards will be required prior to building permit. Staff finds that this criterion is met. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and Town of Vail Page 17 sensitive to natural features, vegetation and overall aesthetic quality of the community. Phase two, which represents the completion of the project has been found to meet this criterion with the original approval. The phase one plan has been found to also produce a functional development. The EHU building will be set in the established location at the rear of the site. This allows for access to the parking in the northwest of the project to be maintained and allows appropriate spacing between the EHU building and the existing hotel. The stairs to the east of the EHU building and the sidewalk along Chamonix Lane will be built with phase one, which allows the occupants of the of the EHU building to have access to the parking lot to the south, to the bus stop to the east and provide a walking path for occupants and other residents in the area along Chamonix Lane. Conformance with zoning standards such as setbacks, height, snow storage and landscaping are maintained with the phased approach to this project. Design features for the buildings and how the phases align architecturally will be in the purview of the Design Review Board when an application for their approval is submitted. Staff finds that this criterion is met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Sufficient pedestrian access is maintained with this application. The sidewalk along Chamonix Ln, will improve off-site circulation adjacent to the phase one development. The stairs to the east of the EHU building will provide access for those residents to the interior of the site. The interior sidewalks and striping will be included in phase two, which will further improve safe pedestrian flow through the site. Vehicular circulation is not significantly changing from the existing with the phase one development. The most significant change from existing is the loss of parking along the north where the EHU building will be built and the access to the parking in the northwest of the site. Minimum drive aisles are maintained from the parking on east that lead to the parking on the northwest. Staff finds that this criterion is met. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The phase one landscaping includes three twelve -foot tall blue spruces in the plan. Two are in the area between Chamonix Lane and the building. The PEC has asked in previous meetings that vegetation be used to screen the building from the roadway, and that appears to be the intent in the distribution of the trees in the front of the site. Town of Vail Page 18 Phase two landscaping takes a similar approach and proposes a majority of new plantings between the hotel addition and the road, with a heavy screen along Chamonix Lane. Staff finds that this criterion is met. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The phasing plan for this SDD is workable and functional. As there are only two phases, the primary focus is whether phase one fits in with the existing conditions before phase two is built and completes the site. As previously stated, the EHU building and other phase one improvements fit in with the existing conditions and will provide a workable plan. Staff finds that this criterion is met. IX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval with conditions to the Vail Town Council to establish a Special Development District No. 42 (Highline Double Tree), pursuant to Section 12-9-A Special Development (SDD) District, Vail Town Code, on the parcel which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Suggested Motion Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, 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 Major Amendment to Special Development District No. 43 (Highline Double Tree), pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, on the parcel which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3 and setting forth details in regard thereto". Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, the Community Development Department recommends the Commission applies the following conditions: Town of Vail Page 19 1. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 2. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 3. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 4. Applicant shall set aside two (2) three-bedroom units and two (2) one -bedroom units in the EHU building not to be included in the mitigation bank. 5. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 6. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. 7. The Applicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development. 8. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. 9. This application is contingent upon the approval of the conditional use permit (PEC21-0019) and minor subdivision (PEC21-0030) being approved. Suggested Findings Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outline in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds.- Town inds: Town of Vail Page 20 1. That the SDD does comply with the standards listed in subsection A of this section; and 2. That the SDD 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 SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the SDD does promote the health, safety, morals, and general welfare of the town and promote 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. " X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-16-2021 Town of Vail Page 21 co O O N U �Wcb .� a O ' O M Q) O O O) � �WNa i�aULLI o� wy a ,0 O co u)O CO O L O oa,�� w N o O O N J =O cx ii 0 —o —10 LO N 0 �x hi mine, A Dou IeTree by Hilton Submitted to the Town of Vail: April 2021 Revised June 2021 Vu I Id Mauriello Planning Group Consultant Directory Developer/Owner Mark Mutkoski TNREF III Bravo Vail, LLC % True North Management Group, LLC 10 Bank Street, 12 Floor White Plains, NY 10606 Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com Architect Bill Pierce and Kit Austin Pierce Austin Architects 1650 Fallridge Road, Suite C-1 Vail, CO 81657 970.476.6342 Civil Engineering Matt Wadey, P. E. Alpine Engineering Inc. 34510 Highway 6, Unit A-9 Edwards, CO 81632 970.926.3373 Highline, A DoubleTree by Hilton 2 Table of Contents Consultant Directory Highline SDD Amendment Requests 2 m Phase 2 Zoning Analysis / SDD Allowances (no changes proposed) 9 Parking Rates Per SDD Approval (no changes proposed) 11 Parking Management Plan - Phase 2 12 Phase 1 Zoning Analysis of Development of Lot 2 15 Criteria for Review: Special Development District Amendment 18 Highline, A DoubleTree by Hilton 3 Introduction Highline, a DoubleTree by Hilton (Highline hereafter), is requesting an application for an amendment to the SDD for the Highline in order to: • clarify the phasing of the development, assigning certain improvements to the hotel expansion (Lot 1) versus the workforce housing building (Lot 2); • clarifying some conditions of approval; • requesting an extension to the approval period for the SDD; and • correcting the SDD number assigned to the SDD. The SDD for the Highline was approved on June 12, 2020, and included the following: • Expansion of the hotel with the addition of 79 hotel rooms and 19 limited service lodge units (hotel rooms with kitchens) for a total of 195 hotel units approved onsite; • Conversion of commercial space to create a 12 bedroom EHU dormitory; • Expansion of the conference room space by 4,590 sq. ft. for a total of 7,666 sq. ft.; • A new parking garage and revisions to the existing surface parking areas; and • Deed restricted employee housing building with 15 Type 3 units (for sale or rental units) located on Lot 2. /k.. Highline, A DoubleTree by Hilton 4 The applicant is in the process of platting the property whereby Lot 1 is the hotel parcel and Lot 2 is the workforce housing parcel per the plat shown below: FINAL PLAT HG HLMIE SLIBDMSION XXVWN OF LOTS L Z a AND TRAi r C OP VM- DAS eC**)M FLN3 NO.1 AND LOT 1 OF VAL DAB SCHO E FILIN3 NO 3. TOWN OF VAP— COUNTY OF FACLE STATE OF OCLCRADC C Highline, A DoubleTree by Hilton 5 mem® m®® ocrmm M. 'OiMER mrr�® _ m®® m®e Highline, A DoubleTree by Hilton 5 Highline SDD Amendment Requests Phasing of the SDD: During the original approval process it was anticipated that the Highline expansion and the workforce housing structure would be developed at the same time and included a requirement that the workforce housing building receive a CO before or simultaneously with the hotel. Due to the lingering effects of Covid 19, including the inability to finance a hotel expansion, it is uncertain when the hotel expansion will occur but is likely in the next 5 years but there is interest in developing the 15 unit workforce housing building immediately. This is a positive change, as the Town obtains the more significant public benefits of the project up front. This concept was not reviewed as part of the original approval and therefore it was determined by staff that a major amendment to the SDD is required to identify which of the improvements would be necessary if the workforce housing building was developed first. Most of the required improvements were generated by the expansion of the hotel, including the extensive parking lot improvements, pedestrian improvements along Chamonix Road (west side of the property), etc. It would not be appropriate to require these of the workforce housing building. The applicant believes that only the following improvements should be required with the 15 unit workforce housing building located on Lot 2, Highline Subdivision (as shown on the phasing plan): • All landscape improvements located on Lot 2 except as modified by phase 2 along the south side where the future driveway is graded differently than the phase 1 driveway resulting in a slightly different landscape treatment; • Sidewalk and parking improvements in front of the workforce housing building along Chamonix Lane to the existing bus stop and to the intersection with Chamonix Road; and • The stairs down to the parking lot from Chamonix Lane. The final plat requires the 15 required parking spaces be accommodated on Lot 1 (one is located along Chamonix Lane). There is excess parking available to accommodate this parking. The plat will also establish the 6 ft. wide pedestrian easement along the east property line of the entire site. Additionally, prior to the expansion of the hotel, any improvements within the existing structures located on the property may occur without the implementation of the full phase 2 plans. As an example, the conversion of the existing office space to the employee housing dormitory may occur without the full improvements of phase 2 being triggered. Highline, A DoubleTree by Hilton 6 Conditions of Approval: The following conditions were required as part of the original SDD approval. The applicant is proposing revisions as outlined in underline and stFikethm gl The changes proposed reflect conditions that have already been satisfied and changes to clarify when certain improvements are required. 1. EMI I 19WildiRg is gFaRt.,,r. (this condition will be satisfied with the proposed final plat which will be acted upon prior to Town Council approval of this SDD amendment) 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. the first {Iaar befe-Fe _ bl-lil .iRg mit is issued. (this condition will have already been satisfied) 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. b. Applicant shall set aside two (2) three-bedroom units and two (2) one -bedroom units in the EHU building not to be included in the mitigation bank. 7. Prior to the issuance of any certificate of occupancy for the EHU building, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. d;�+-ARGe 1048--e _ 19Wil .iRg p wit is issuedd. (This condition has been satisfied.) 9. -mitl•- Mittal. (This condition has been satisfied.) 10. IS °9-,I„ RE) s+eelge. thap 2:1. (This condition has been satisfied.) 11. Applicant shall iReFease /NIDD r-Aptrib-ItiOR to provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. Highline, A DoubleTree by Hilton 7 12. 11 ,1 .M.4 -t -Al fA-. - bl-lil . iRq pe.w,;t (This condition has been satisfied.) 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. Extension of Approval Period: The current SDD development plan will expire on June 15, 2023. The applicant is requesting that the approval period be extended an additional 3 years to June 15, 2026. This is due to the lingering impacts of Covid 19 on the ability to finance a hotel expansion. The year 2020 ended up being a loss of a year to appropriately plan for and finance the project and this is thus far also proving true for 2021. An extension for an additional 3 years should provide the applicant with ample time to develop the entire project. Correction of SDD Number: Ordinance No. 4, Series of 2020, for the Highline SDD indicated that this SDD would be numbered Special Development District No. 42. However, SDD No. 42 was already assigned to the Vail Mountain View Residences SDD. The Highline SDD should therefore be numbered as Special Development District No. 43. Highline, A DoubleTree by Hilton 8 Phase 2 Zoning Analysis / SDD Allowances (no changes proposed) Location: 2211 N. Frontage Rd. West/Lots 1 and 2, Highline Subdivision Parcel Number: 210311415017 Lot Size: 3.95 acres / 172,047 sq. ft. Zoning: SDD over Public Accommodation 2 (PA2) Development Standard Existing Lot Area 3.95 acres (rounded) 172,047 sq. ft. Lodging and Residential 97 AU Uses 19 DU Commercial Uses (gross sq. ft.) Conference Parking Parking Enclosed Valet Parking Parking in the Front Setback Setbacks Building Height Proposed 3.95 acres (rounded) 172,047 sq. ft. 176 AU 19 LSLU 12 EHU Dorm Units 15 EHUs (apartments) 1,520 sq. ft. hotel retail 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant (2,277 6,955 sq. ft. restaurant sq. ft. of seating area) 0 sq. ft. office/commercial (converted 4,500 sq. ft. office/commercial to EHU Dorm) 3,076 sq. ft. gross area 2,666 sq. ft. conference seating area 7,666 sq. ft. gross area 6,616 sq. ft. conference seating area 169 spaces 208 spaces 22.3% overall parking 51.62% of total parking Allowed by SDD North - > 20 ft. North - 20 ft. East - > 20 ft. East - 20 ft. South - > 20 ft. South - 20 ft. West - > 20 ft. West - 20 ft. Trash/Recycle 12' on Lot 2 52 ft. 52 ft. existing building 48 ft. new buildings Highline, A DoubleTree by Hilton 9 Development Standard Existing Density GRFA EHU Floor Area Site Coverage Landscape Area Internal Parking Landscaping (10% of surface parking area) Snow Storage (30% of surface parking area) Driveway Grades Manmade Grades of greater than 40% 12 units per acre allowed Noncompliant with CC3 19 DU 97 AU Total: 116 "units" 51,614 sq. ft. (30%) allowed 45,250 sq. ft. (26.3%) total 25,200 sq. ft. existing AUs 20,050 sq. ft. existing DUs Proposed Uses do not count as density per code 176 AU 19 LSLU 12 EHU Dorm rooms 15 EHU apartments/condos 258,070.5 sq. ft. (150%) allowed 77,805 sq. ft. total 32,555 sq. ft. net new AUs 25,200 sq. ft. AUs existing 20,050 sq. ft. LSLU converted DUs 0 sq. ft. 18,798 sq. ft. total 4,400 sq. ft. EHU Dorm 14,398 sq. ft. EHUs 68,818 sq. ft. (40%) allowed Existing 36,084 sq. ft. (21 %) 43,012 sq. ft. (25%) required 60,388 sq. ft. (35%) existing Paved area = 72,194 sq. ft. Internal Landscaping Required 7,219.4 sq. ft. (10%) Internal Landscaping Existing: 6,564 sq. Ft. (9%) Paved Area: 72,194 sq. ft. Snow storage Required: 21,658.2 sq. ft. (30%) Snow Storage Existing: 23,210 sq. ft. (32%) sq. ft. 111,830 sq. ft. (65%) allowed Proposed 62,070 sq. ft. (36%) 51,614.1 sq. ft. (30%) required 53,946 sq. ft. (31.35%) proposed (with deviation and grasscrete area) Paved area = 58,019 sq. ft. proposed Internal Landscaping Required: 5,802 sq. ft. (10%) Internal Landscaping Proposed: 12,715 sq. ft. (21.9%) (including grasscrete area) Paved area (unheated) = 59,134 sq. ft. Paved area (heated) = 2,303 sq. ft. Snow storage Required: 16,945 sq. ft. (30%/10%) Snow storage Proposed: 17,189 sq. ft. (including grasscrete area) Trees allowed in snow storage areas 10.6% centerline grade allowed for existing driveway 10% cross slope allowed for existing driveway Development allowed on grades greater than 40% Highline, A DoubleTree by Hilton 10 *EHUs do not count towards density or GRFA. Parking Rates Per SDD Approval (no changes proposed) Below are the parking rates approved by the SDD for the Highline. The Multiple Use Reduction per Town Code is also allowed. Use Parking Rate Accommodation Unit Limited Service Lodge Unit Hotel Meeting Room Space Hotel Restaurant/Bar Hotel Oriented Service or Retail 3rd Party Restaurant (seating area) Employee Housing Dorm Unit Employee Housing Unit u.i spaces per unit 0.7 spaces per unit No Additional Parking Requirement No Additional Parking Requirement No Additional Parking Requirement 1 space for 120 sq. ft. 2.5 spaces 1.06 spaces per unit Highline, A DoubleTree by Hilton 11 SL i 1 i . to Highline, A DoubleTree by Hilton 11 Parking Management Plan - Phase 2 Below is the approved parking management plan for the Highline. Parking Summary (completion of both phases): Total parking provided: 208 spaces Total parking proposed as required: 175 Total valet spaces: 111 (53.3% of total) Total enclosed spaces: 48 (23% of total site, all of net new parking) Total net new parking: 39 spaces Garage parking spaces: 42 valet, b regular Surface Parking spaces: 69 valet spaces 80 regular spaces 4 compact spaces 4 employee spaces (impacted by loading space used infrequently) 1 parallel space (plus one short term space) 2 spaces within the porte cochere 2 valet operation spaces (temporary car shuffling, not included in parking count) Controlled Access Parking: There are a total of 208 parking spaces provided onsite. Of these 208 parking spaces, 56 of them are located outside of the controlled access area. Within the controlled access area, 32 spaces are capable of being self -parked where the guest or other user is given access beyond the gate, however, the owner may decide to valet park all of the spaces as necessary. Hotel Guest Parking: All hotel guest parking will be accommodated by valet or controlled gate access. During peak winter season, all hotel guests may be valet parked at the discretion of the owner. EHU Units: The 15 EHU Units require a total of 16 parking spaces. The parking for these units will be located within the parking area with controlled access and in the parallel parking (1 parking space and 1 short term space) along Chamonix Lane. EHU Dormitory: The EHU dormitory will be targeted to employees of the hotel and those with limited need for car ownership. It is anticipated that only 2 parking spaces will be necessary for the dormitory. These parking spaces will either be accommodated within the valet Highline, A DoubleTree by Hilton 12 system or otherwise designated for the dormitory use. Since this dormitory is a rental facility, the owner will be able to closely control number of occupants with vehicles as documented in leases. Retail and Restaurant Establishments: The primary parking for the retail and restaurant facilities employees and customers, other than hotel guests who are already parked, will be within the self parking spaces provided outside of the controlled parking area. There are 56 parking spaces available to patrons outside of the controlled parking area. Valet parking services will also be provided to these customers as desired by the customer. Meeting Room Space: Parking for the meeting rooms will be primarily accommodated by the hotel parking facilities, as these users are already parked within the facility. Users of the conference space, other than hotel guests, will be parked via the hotel valet system. Valet Operations: The valet operation will require the shuffling around of cars within the exterior parking lot and within the parking garage. For the exterior parking lot, two parking spaces, not included in the total parking count, have been provided so that cars can be shuffled in the parking lot without impairing the operation of the drive aisles. Within the enclosed parking area, where the parking is only staked two cars deep, cars will be parked temporarily within the drive aisle to perform the shuffling of cars. The valet parking layout complies fully with Town Code. Parking Lot Maintenance and Snow Removal: The exterior parking lot will require snow removal and maintenance on a continuous basis during the winter months. The hotel experiences high turnover of parking spaces during the day as guests check out of the hotel in the morning and new guests arrive in the evenings. This daily reduction in parking as well as the typical hotel occupancy rates which are far less than 100%, 99% of the time, will allow for snow removal and maintenance. When the need arrises, snow will be stored temporarily within the parking lot until it can be removed and trucked offsite. In no case will snow be temporarily stored within the parking areas for more than one week. The drive aisle/ ramp on the north side of the existing hotel building will be heated in order to maintain it free from snow and ice and reduce the needs for snow storage. Hotel Shuttle Operation: The hotel has two shuttles that operate 365 days a year depending on need. In general, the shuttle at peak times of the year, transports hotel guests with the commercial core areas of the Town on a continuous loop from 8:00 am to 10:30 am and Highline, A DoubleTree by Hilton 13 again from 3:30 pm to 6:00 pm. During the afternoon and in the evening, the shuttles run on -demand. This service makes it possible for hotel guests to book the Highline and arrive via van or taxi and therefore not require a car during their stay. Employee Parking Generally: In general, employees of the hotel and businesses on this campus are required or encouraged to use public transportation in order to reduce the parking demands of the property. Parking requirements and studies reflect the total number of cars parked on commercial or residential property and therefore include cars that are parked by employees as well as guests and consumers. Therefore, parking for employees is inherent in the parking counts. That said, the Highline intends to reduce the impacts on the environment and make more parking available to guests and consumers but discouraging employees from driving to work. Fire Truck Turn Around Area (completed with hotel addition): The fire truck turnaround area shall be maintained free from any obstacles, ice, and snow. Snow storage shall not infringe upon the turnaround area. I Highline, A DoubleTree by Hilton 14 Phase 1 Zoning Analysis of Development of Lot 2 Below is an analysis of the SDD upon the completion of the workforce housing on Lot 2 with the remaining portions of the site remaining largely as developed today. This is an interim condition that will exist if Lot 2 is developed prior to the expansion of the hotel on Lot 1. Development Standard Allowed/Required by SDD Lot Area Lodging and Residential Uses Commercial Uses (gross sq. ft.) Conference Parking Required (see analysis below) Setbacks Building Height Density GRFA Total SDD: 172,047 sq. ft Lot 1: 160,957 sq. ft. Lot 2: 10,000 sq. ft. 176 AU 19 LSLU 12 EHU Dorm Units 15 EHUs (apartments) Proposed Total SDD: 172,047 sq. ft. Lot 1: 3.695 acres/160,957 sq. ft. Lot 2: 0.253 acres/11,037 sq. ft. 97 AU 19 LSLU 15 EHUs (apartments) 1,520 sq. ft. hotel retail 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 6,955 sq. ft. restaurant 4,500 sq. ft. office/commercial 4,500 sq. ft. office/commercial (converted to EHU Dorm in future) 7,666 sq. ft. gross area 6,616 sq. ft. conference seating area 135 spaces North - > 20 ft. East - > 20 ft. South - > 20 ft. West - > 20 ft. 52 ft. for existing 48 ft. new buildings None due to AUs and LSLUs 258,070.5 sq. ft. (150%) allowed 77,805 sq. ft. total (approved) 32,555 sq. ft. net new AUs 25,200 sq. ft. AUs existing 20,050 sq. ft. LSLU converted DUs 14,398 sq. ft. 3,076 sq. ft. gross area 2,666 sq. ft. conference seating area 162 spaces North - 20 ft. East - 20 ft. South - 20 ft. West - 20 ft. Trash/Recycle 12' on Lot 2 52 ft. existing building 48 ft. new buildings None due to AUs, LSLUs, and EH Us 45,250 sq. ft. (26.3%) total 25,200 sq. ft. existing AUs 20,050 sq. ft. existing LSLUs 14,398 sq. ft. Highline, A DoubleTree by Hilton 15 Development Standard Allowed/Required by SDD Proposed Site Coverage Landscape Area Internal Parking Landscaping (10% of surface parking area) Snow Storage (30% of surface parking L!7) 111,830 sq. ft. (65%) allowed by 40,762 sq. ft. (23.6%) underlying zoning 62,070 sq. ft. (36%) approved 51,614.1 sq. ft. (30%) required 57,270 sq. ft. (33.2%) 53,946 sq. ft. (31.35%) proposed (with deviation and grasscrete area) Paved area = 58,019 sq. ft. Internal Landscaping Required: 5,802 sq. ft. (10%) Internal Landscaping Proposed: 12,715 sq. ft. (21.9%) (including grasscrete area) Paved area = 70,385 sq. ft. Internal Landscaping Required: 7,038.5 sq. ft. (10%) Internal Landscaping Proposed 11,571 sq. ft. (16.4%) 30% of unheated areas 9,200 sq. ft. 43% (unheated) 10% of heated areas Allowed to count grasscrete areas Highline, A DoubleTree by Hilton 16 Parking Analysis for Phase 1 (Lot 2): Use Parking Number/Floor Area/ Parking Required Rate Seating Area Accommodation Unit 0.7 spaces 97 67.9 per unit Limited Service Lodge Unit 0.7 spaces 19 13.3 per unit Hotel Meeting Room Space No N/A 0 Additional Parking Requirement Hotel Restaurant/Bar No N/A 0 Additional Parking Requirement No N/A 0 Hotel Oriented Service or Retail Additional Parking Requirement 1 space for 2,277 sq. ft. 18.9 3rd Party Restaurants (seating area) 120 sq. ft. 1 space for 4,500 sq. ft. 18 Office Space (future EHU Dorm) 250 sq. ft. 1.06 spaces 15 16 Employee Housing Unit per unit Total Parking Required 134.1 Phase 1 Highline, A DoubleTree by Hilton 17 Criteria for Review: Special Development District Amendment Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, of the Vail Town Code, provides the criteria for review of a Special Development District. The following section includes the criteria, along with an analysis of the compliance of the proposal with the criteria. 1. 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. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 5. 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. Highline, A DoubleTree by Hilton 18 Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 6. 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. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Analysis: Originally, the improvements and addition to the hotel, as well as the addition of the Dorm EHUs, and the 15 unit Type 3 employee housing building (rental or for sale) were to be completed in one phase. The applicant is now proposing to allow the 15 units workforce housing building located on Lot 2 to be completed in the first phase, as an option. This first phase would include the appropriate improvements associated with Lot 2 including the following: Highline, A DoubleTree by Hilton 19 • All landscape improvements located on Lot 2 except as modified by phase 2 along the south side where the future driveway is graded differently than the phase 1 driveway resulting in a slightly different landscape treatment;; • Sidewalk and parking improvements in front of the workforce housing building along Chamonix Lane to the existing bus stop and to intersection of Chamonix Road; and • The stairs down to the parking lot from Chamonix Lane. This change to the phasing plan allows one the major public benefits to occur first as a stand alone phase. The second phase of the PUD would be the expansion of the hotel and include the bulk of the parking, circulation, and landscape improvements. If desired by the applicant, both phases may occur at the same time as well. 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(PEC21-0031) ATTACHMENTS: File Name Staff Memorandum - VTC - Rezoning (Final).pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant Narrative 5-26-2021.pdf Attachment C. Zone District Boundary Proposal.pdf Description Staff Memorandum - PEC21-0031 Attachment A. Vicinity Map Attachment B. Applicant Narrative 5-26-2021 Attachment C. Proposed Rezoning Map 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: 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 the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple -Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. (PEC21-0031) Applicant: Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner: Greg Roy SUMMARY The applicant, Vail Townhouse Condominium Association, represented by Mauriello Planning Group, is requesting 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 the rezoning of 303 Gore Creek Drive, which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from High Density Multiple -Family (HDMF) District to the Vail Village Townhouse (VVT) District. Based upon Staff's review of the criteria outline in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant is proposing to rezone Vail Village Filing 1 Block 5 Lots 1-6 to the Vail Village Townhouse District. Currently the site is developed with eleven condominium units set in a townhouse style development with parking backing onto the Gore Creek right-of-way. Included with this memorandum are the following for review by the commission: A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. Proposed Rezoning Map II. BACKGROUND This area was originally annexed into the Town of Vail as part of a court order in 1963. This was followed by the parcel being zoned High Density Multiple -Family as part of Ordinance 8, Series of 1973. Since this property has been in the HDMF district there have been six variances that have been granted to the units located on these lots. The variances largely relate to the setbacks and the difficulty the individual lots had with meeting side setbacks in this district and unit configuration. Town of Vail Page 2 On August 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. At first it was a private property owner initiated application and later, as a Community Development staff led effort. This zone district was established for the following purpose: 1. To provide for the regulation of existing townhouse properties in Vail Village that were legally non -conforming in regard to the provisions of the High Density Multiple -Family District. 2. To create incentives for the redevelopment of the existing townhouse properties in Vail Village. 3. To preserve the existing character of the townhouse properties in Vail Village and the existing character of the neighborhood. In 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HDMF to the VVT district. III. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Town Code TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE if•�c�p'III/I�DI�]II/I�D�� A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation.- 1. nitiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall Town of Vail Page 3 include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings.- 1. indings: 1. Zone District Boundary Amendment.- a. mendment: a. Factors, Enumerated: 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) mendment: (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 (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 (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and (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 (5) 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 (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Town of Vail Page 4 (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 (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment.- (1) mendment: (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 natural environment and its established character as a resort and residential community of the highest quality. 12-6H: High Density Multiple -Family (HDMF) District 12-6H-1: PURPOSE.- The URPOSE: The high density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. (Ord. 29(2005) § 23: Ord. 37(1980) § 6: Ord. 30(1977) § 6: Ord. 8(1973) § 6.100) 12-6H-2: PERMITTED USES.- The SES: The following uses shall be permitted in the HDMF district: Town of Vail Page 5 Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site,- additional ite,additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. (Ord. 1(2008) § 9) 12-6H-3: CONDITIONAL USES.- The SES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Bed itle: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Town of Vail Page 6 Ski lifts and tows. Timeshare units. (Ord. 2(2016) § 6: Ord. 12(2008) § 9) 12-6H-4: ACCESSORY USES.- The SES: The following accessory uses shall be permitted in the HDMF district.- Home istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 8(1973) § 6.400) 12-6H-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. (Ord. 12(1978) § 3) 12-6H-6: SETBACKS.- The ETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). (Ord. 50(1978) § 2) 12-6H-7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). (Ord. 37(1980) § 2) 12-6H-8: DENSITY CONTROL.- Not ONTROL: Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple -family building may include one attached accommodation Town of Vail Page 7 unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 14(2004) § 9: Ord. 31(2001) §§ 3, 5: Ord. 50(1978) § 19: Ord. 12(1977) § 2) 12-6H-9: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 17(1991) § 6: Ord. 8(1973) § 6.507) 12-6H-10: LANDSCAPING AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.509) 12-6H-11: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. (Ord. 19(19 76) § 7: Ord. 8(19 73) § 6.510) 12-6J: Vail Village Townhouse (VVT) District 12-6J-1: PURPOSE.- The URPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple -family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of Town of Vail Page 8 existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. (Ord. 2(2012) § 4) 12-6J-2: PERMITTED USES.- The SES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached and row dwellings and condominium dwellings. (Ord. 2(2012) § 4) 12-6J-3: CONDITIONAL USES.- The SES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. (Ord. 2(2012) § 4) 12-6J-4: ACCESSORY USES.- The SES: The following accessory uses shall be permitted in the VVT district.- Home istrict:Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 2(2012) § 4) 12-6J-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10, 000) square feet of total site area. Each site shall have a minimum frontage of twenty feet Town of Vail Page 9 (20)_ The 20)- The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20). (Ord. 2(2012) § 4) 12-6J-6: SETBACKS.- The ETBACKS: The minimum setback shall be twenty feet (20) from the front and rear property lines. The minimum setback shall be twenty feet (20) from the side property lines, except the setback shall be zero feet (0) from the side property lines between attached dwelling units. (Ord. 2(2012) § 4) 12-6J-7: HEIGHT. For a flat roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). (Ord. 2(2012) § 4) 12-6J-8: DENSITY CONTROL.- The ONTROL: The existing number of legally established units on a development site or twenty five (25) dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 2(2012) § 4) 12-6J-9: GROSS RESIDENTIAL FLOOR AREA.- An REA: An unlimited amount of gross residential floor area (GRFA) shall be permitted on each site. (Ord. 2(2012) § 4) 12-6J-10: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 2(2012) § 4) 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. (Ord. 2(2012) § 4) 12-6J-12: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right of way may be continued subject to a revocable right of way permit issued by the town of Vail. (Ord. 2(2012) § 4) Town of Vail Page 10 12-6J-13: COMPLIANCE BURDEN.- It URDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board and/or administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village master plan, Vail Village urban design guide plan, and the Vail Village design considerations. (Ord. 2(2012) § 4) Vail Land Use Plan (in part) Chapter 11 — Land Use Goals/Policies 1. General Growth/ Development 1.3. The quality of development should be maintained and upgraded whenever possible. Vail Village Master Plan (in part) Chapter V. Goals, Objectives, and Action Steps Goal #1.: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.2 Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1 Additional development may be allowed as identified by the Action Plan and as I consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4 Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Goal #2 To foster strong tourist industry and promote year-round economic health and viability for the village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these establish land use patterns Town of Vail Page 11 IV. Policy 2.1.1 The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. Goal #5 Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5 Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. SITE ANALYSIS Uri 50M Legal Description: Existing Zoning: Proposed Zoning: Land Use Plan Designation Current Land Use: Proposed Land Use: Geological Hazards: 303 Gore Creek Drive Vail Village Filing 1 Block 5 Lots 1-6 High Density Multiple -Family (HDMF) District Vail Village Townhouse (VVT) District Village Master Plan Residential Residential Floodplain Development High Density Vail Village Standard Multiple -Family Townhouse (VVT) HDMF Lot Size Min. 10,000 sq. ft. Min. 10,000 sq. ft. site buildable area area Minimum Setbacks Front — 20' Front — 20' Sides — 20' Sides — 20' or 0'* Rear — 20' Rear — 20' Maximum Height 48 ft. max - sloped 38 ft. max - sloped 45 ft. max - flat 35 ft. max - flat Density Max: 76 sq. ft. GRFA per Max: Unlimited GRFA 100 sq. ft. buildable site Max 25 DUs/Acre or area legally existing units on Max 25 DUs/Acre site Site coverage Max. 55% of site area Max. 55% of site area maximum Minimum Landscaping Min. 30% of site area Min. 30% of site area *Zero feet setbacks are allowed for side property lines between attached dwelling units. V. SURROUNDING LAND USES AND ZONING North: South: Town of Vail Existing Use TOV Streamtract Mixed Use Zone District Outdoor Recreation (OR) Commercial Core 1 (CC1) Page 12 East: Residential VVT West: TOV Stream Tract Outdoor Recreation (OR) VI. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the Planning and environmental Commission shall consider the following factors with respect to the requested zone district boundary amendment.- Zone mendment: Zone District Boundary Amendment Factors 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. The proposed zone district amendment is supported by the Vail comprehensive plan and Vail Village Master Plan as noted in section III above. The Comprehensive plan values quality development and redevelopment opportunities throughout the town. The Vail Village Master Plan specifically calls out this parcel of land as one that would qualify to be rezoned to the VVT district. Other applicable goals met by this application include the following Land Use Plan goals: 1.3 Quality development should be maintained and upgraded whenever possible. Staff finds that the proposed zone district amendment conforms to this criterion. 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. The proposed zone district amendment is suitable to the existing and potential surrounding land uses as set out in the Town's adopted planning documents. The Vail Village Master Plan recognizes this area as a unique are that is made up of mostly multi -family projects with limited commercial. It states that this location is prime for redevelopment and infill development as opportunities arise and that flexibility will be needed in order to allow a property such as this to redevelop. It specifically states: "This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District." Town of Vail Page 13 Staff finds that the proposed zone district amendment conforms to this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment is consistent with the adjacent zoning on the property to the East. This property is the Vail Rowhouses, which are a set of townhomes and were rezoned to VVT in 2014. With the river to the north and commercial zoning to the south and west, this area serves as a transition from the residential use to the east to this commercial area. The use on this site will not change with this rezoning but will be coming in line with the goals of the Vail Village Master Plan. Staff finds that the proposed zone district amendment conforms to this criterion. 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. The proposed zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the VVT district, working with the VVT specific design considerations of the Vail Village master Plan, will provide for appropriate, compatible development. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Village Master Plan, two tests for a determination of spot zoning. Staff finds that the proposed zone district amendment conforms to this criterion. 5. 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. As this area is currently developed and any development proposed under the new zone district would have to meet the environmental guidelines set forth in Town Code. The proposed zoning change to this existing development would not negatively affect riparian corridors, air quality, water quality, or other environmental aspects. Staff finds that the proposed zone district amendment conforms to this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Town of Vail Page 14 The proposed zone district amendment is consistent with the VVT zone district's purpose, as it was established to regulate the existing townhome properties that are legally non -conforming in the HDMF district. The purpose also calls out this property as seen below: "This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium ... " Staff finds that the proposed zone district amendment conforms to 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. The property was zoned HDMF in 1973 and the VVT district was only established in 2012 as a result of the Vail Village Master Plan. This shows how the Town has evolved and developed a specific plan for this area which includes the rezoning of this property. Staff finds that the proposed zone district amendment conforms to this criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple -Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, 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 for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Town of Vail Page 15 Block 5 Lots 1-6, from the High Density Multiple -Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outline in Section VI of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 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 does further the general and specific purposes of the zoning regulations, and 3. That the amendment does promote the health, safety, morals, and general welfare of the town and promote 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." IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. Proposed Rezoning Map Town of Vail Page 16 q , / , , VIP ra , r-� • w�a IW��r mN N�SNVH N'. Own HC)USU dominium ■H�' r `� � p ;, _ , •h . 3 ..`:�1": -,1�.. Vit' � \. .' t • �;`"' � .� J .T I 40 -•' v� -. 4.' is L z. r t via it •Y�.• ,I kbµ 3 _ \ f I a • w � ya ff� 1 Directory Applicant Vail Townhouses Condominium Association Mountain Valley Property Management PO Box 6100 Avon, CO 81620 Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com Vail Townhouse Condominiums Introduction The Vail Townhouse Condominiums Property Owners Association, represented by Mauriello Planning Group, is requesting a rezoning for the Vail Townhouse Condominiums, located at 303 Gore Creek Drive, Units 2A, 213, 2D, 3A, 313, 4A, 413, 5A, 5B, 6A, 6B. The Vail Townhouse Condominiums are currently zoned High Density Multiple Family (HDMF) and are requesting a rezoning to Vail Village Townhouse (VVT). The VVT zone district was adopted in 2012, with the intent to encourage and incentivize the redevelopment of townhouse properties in the East Gore Creek area of Vail Village. The Town of Vail, recognizing the challenges of redevelopment under HDMF, created the VVT district and adopted revisions to the Vail Village Master Plan to guide redevelopment of these properties. The Town then encouraged property owners and property owners associations to apply to rezone to VVT should they decide it to be beneficial. At this time, the Vail Rowhouses and Texas Townhomes rezoned from HDMF to VVT. The Vail Townhouse Condominiums were originally constructed in 1964 under Eagle County jurisdiction, prior to the incorporation of the Town of Vail in 1966. Originally platted as 6 townhouse lots, the property was replatted as the Vail Townhouse Condominiums in the early 2000s. Though it is attached to the Vail Rowhouses, they are separate entities. View of the Vail Townhouse Condominiums looking east from a birds -eye view. The units directly to the east are the Vail Rowhouses, which were zoned VVT in 2014 Under the current zoning of HDMF, the many existing and legally established non - conformities of the Vail Townhouse Condominiums create difficulties in allowing even minor improvements and/or additions. For example, there are 11 units within the Vail Vail Townhouse Condominiums 3 Townhouse Condominiums, while only 9 units are allowed under HDMF density requirements. While this may seem minor, when a property is non -conforming with regard to density, additions are limited to 250 additions or interior conversions. Many of these units did take advantage of these in the 1990s and have been left with few options since then. Other examples of non -conformities under HDMF include GRFA, setbacks, parking, etc., which has historically lead to a redevelopment process that required individuals to apply for multiple variances for even minor modifications. As a result, few, if any, redevelopment projects have been proposed at the Vail Townhouse Condominiums recently. The following is a list of variances from the Town's GIS that have been granted at the Vail Townhouse Condominiums: Date Unit Description of Variance August 6, 1975 16B, 513, 4B density control, setbacks May 10, 1981 16A setbacks June 7, 1987 16B setbacks April 23, 2000 2A setbacks April 21, 2002 2A setbacks, deck in setback June 12, 2011 16A setbacks In contrast, the Vail Rowhouses which rezoned to VVT by Ordinance 9, Series of 2014, has seen redevelopment of many of the existing units. The VVT zone district allowed these property owners to redevelop under the controls of the VVT zone district and the Vail Village Master Plan, which created flexibility to address the nonconformities of density and GRFA under the old zoning, but actually further limits height and creates additional bulk and mass controls to ensure appropriate and compatible design. The Vail Townhouse Condominiums (left) in comparison to the Vail Rowhouses (right). The Vail Townhouse Condominiums is requesting a rezoning from HDMF to VVT, which was approved for the Vail Rowhouses in 2014. Numerous projects have been approved for the Vail Rowhouses since the rezoning. Vail Townhouse Condominiums 4 The Vail Townhouse Condominiums does not currently have any plans for redevelopment of the property. The current request to rezone from HDMF to VVT is the first step to allow the owners to have the appropriate zoning parameters as they move into planning for their future. Any future redevelopment will be reviewed by the appropriate Town of Vail Boards and/or Commissions. Vail Townhouse Condominiums Zoning Analysis .. t,, .Z, --qm ff Location: 303 Gore Creek Drive / Vail Townhouse Condominiums Parcels: 2101-082-30-002 (Unit 213) 2101-082-30-004 (Unit 2D) 2101-082-30-005 (Unit 3A) 2101-082-30-006 (Unit 313) 2101-082-30-013 (Unit 2A) 2101-082-30-014 (Unit 4A) 2101-082-30-015 (Unit 413) 2101-082-30- 016 (Unit 5A) 2101-082-30- 017 (Unit 513) 2101-082-30- 019 (Unit 613) 2101-082-30- 020 (Unit 6A) Hazards: Floodplain - Mill Creek at Northwest corner Zoning: High Density Multiple Family Land Use: Vail Village Master Plan Lot Size: 16,214 sq. ft. (total) Vail Townhouse Condominiums 6 Table 1: Zoning Analysis Standard Allowed by Current Zoning: Allowed by Proposed Zoning: HDMF VVT use Lot Area and Site Dimensions Setbacks Height Density GRFA Site Coverage Landscaping and Site Development Parking Zoning Issues: Multiple -family residential dwellings Multiple -family residential dwellings 10,000 sq. ft. buildable Front - 20 ft. Side - 20 ft. Rear - 20 ft. Stream - 50 ft. from centerline of Gore Creek. 30 ft. from centerline of Mill Creek 45 ft. flat roof 48 ft. sloping roof 25 units per buildable acre 76% of buildable 55% / 8,917 sq. ft. 30% / 4,864 sq. ft. Per Chapter 10 10,000 sq. ft. 2,000 sq. ft. for townhouse lots Front - 20 ft. Rear - 20 ft. Between Attached Units - 0 ft. Stream - 50 ft. from centerline of Gore Creek, 30 ft. from centerline of Mill Creek 35 ft. flat roof 38 ft. sloping roof Existing of legally established units or 25 units per buildable acre No limit 55% / 8,917 sq. ft. 30% / 4,864 sq. ft. Per Chapter 10, parking within right-of-way may continue While the rezoning from HDMF to VVT will eliminate many of the existing nonconformities of the Vail Townhouse Condominiums, it is noted that there are encroachments into the west side setback and Mill Creek stream setback that were approved by the Town of Vail by variances granted to Unit 2A. The west side setback of 20 ft. is the same under both zone districts, and the stream setback from Mill Creek is a regulatory stream setback that applies regardless of zone district. Therefore, these variances remain in effect and these encroachments are allowed to continue as conforming improvements as approved by the Town. A general calculation of site coverage indicates that the Vail Townhouse Condominiums complies with the site coverage limitation of 55%. The current site coverage is approximately 7,269 sq. ft. (45%). The property also appears to comply with landscape area, with approximately 5,338 sq. ft. (33%) of landscape area. However, it may exceed the allowable area of hardscape within that landscape area. The allowable site coverage and minimum landscape area regulations within the HDMF and VVT zone districts are the same, and any redevelopment project will need to be evaluated for compliance. Vail Townhouse Condominiums Criteria for Review: Zoning Amendment A zoning amendment is reviewed under the criteria listed under Section 12-3-7 Amendment, Vail Town Code. Each criterion is listed below, along with the applicant response to the criteria: (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 APPLICANT RESPONSE: In conjunction with the creation of the VVT zone district, the Town of Vail amended the Vail Village Master Plan to specifically address the properties in the East Gore Creek Sub Area, which includes the Vail Townhouse Condominiums. The applicable section is provided below: EAST GORE CREEK SUB AREA (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi -family condominium and townhouse projects with a limited amount of support commercial. Surface parking is found at each site, which creates a dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub -area which were platted and/or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape Vail Townhouse Condominiums area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Applicant Analysis: the Vail Village Master Plan recognized that the properties within this sub -area are an appropriate location for greater density. It recommends allowing for flexibility with development standards and states that rezoning to VVT is the appropriate method to achieve this flexibility. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area may attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. There are several existing townhouse properties in the East Gore Creek Sub -Area, including the Vail Townhouse Condominium, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian -oriented, urban character of Vail Village. All demo/ rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case- by-case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning: The existing townhouse properties in the East Gore Creek Sub -Area including the Vail Townhouse Condominiums, Vail Row Houses Vail Trails Chalet Vail Trails East and Texas Townhomes should be rezoned from the High Density Multiple- Family (HDMFJ District to the Vail Village Townhouse (VVT) District. Vail Townhouse Condominiums Applicant Analysis: the Vail Village Master Plan states that the Vail Townhouse Condominiums should be rezoned to the VVT zone district and provides design considerations to guide redevelopment in this area. B. Development Pattern: Townhouse properties in the East Gore Creek Sub - Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. C. Architectural Theme: The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. 1. Units: The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings: Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the some exterior design, materials, textures, and colors. b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two-story facade along the street. For the purposes of these design considerations, a story or floor is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 1 1 feet in height. The front facade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front facade of the third floor and any floors above shall step back 6 to 10 feet from the facade of the second floor below. Vail Townhouse Condominiums 10 E. Street Edge: Front facade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front facades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Facade: To reduce the appearance of building height and mass, and to create a residential scale and character, all facades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the appearance of a residential neighborhood. Facades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No facade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building; however, garage entries are strongly discouraged on the front facade. G. Cantilevers: On the front facade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12 to 4:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. I. Roof Ridge: The primary roof ridges shall be parallel with the front facade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls: Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping: Trees, shrubs, and other plant materials shall be located in the front portion of the site to create privacy and to soften the visual transition from roadways and parking areas to the building facades. L. Deck Rails: Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. M. Parking: Off-street parking should be located on at -grade surface driveways or in below grade shared parking structures. Off -street parking Vail Townhouse Condominiums 11 should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. The proposed rezoning of the Vail Townhouse Condominiums from HDMF to VVT is therefore consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. (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 APPLICANT RESPONSE: The existing surrounding land uses are identified and outlined in the map and table below: :reek - side R Buildinq Covered 226 a Bridge/ A&D Bldg. Pepi's 232 Clock Tower/ Condo a Gorsuch R 292 Mountain Haus ON -" - hris tiania � 244 254 298 } - `-yGN-RANCH'RD Vist Bah Buildio 956 or One Hi 99g Vail Bu`ildin Place �ra.rrs Existing Land Use Ownership North Gore Creek Stream Tract Town of Vail Mixed Use (hotel & residential) Mountain Haus Wllside Residential lH) L Single -Family Residential (SFR) ■ T •Family Residential (R) ■ T -Family Primary/Secondary Residendal(PS) ■ Residential Cl— (RCl ■ Lnw Density Muluple-Family(L.DMF) ■ Medium Density Multiple-Family(MDMF) ■ High Density Mulupla-Family(HDMF) ■ Vail Mllage Townhouse(Wr) ■ (1—ing(H) ■ Public Acco—dill(PA) ■ Publlc Acc.—dl (PA -2) ■ Commercial Core l(CCt) ■ Commerdal Core 2(CC2) ■ Commercial Cora 3(OC3) ■ ll Mined Use 1 (LMUA ) ■ Uonahead Mixed Use 2 (LMU-2) ■ Commercial S -4 -Cantor KSq ■ Artadal Business(ABD) ■ Heavy Services (HS) Outdoor Recreation (OR) ■ Agncultural and Op., So—(A) ■ Natural Area Preservation(NAP) ■ Ski 6ase/11ecreatian (SBR) ■ Ski Rase/Recrestian 2(SRR .2) ■ Parking(P) ■ General Use(GU) Nat Designated Zoning Outdoor Recreation Public Accommodation Vail Townhouse Condominiums 12 1 286 226 a Bridge A&D Bldg. Street al! ~ Condo street zee Bu--- ding Bridge W01—ng Condo 227 291 304 long .. Plaza z Red Lion ,.ng 3ldg - -" a[ Lodge °tn� 292 Mountain Haus ON -" - hris tiania � 244 254 298 } - `-yGN-RANCH'RD Vist Bah Buildio 956 or One Hi 99g Vail Bu`ildin Place �ra.rrs Existing Land Use Ownership North Gore Creek Stream Tract Town of Vail Mixed Use (hotel & residential) Mountain Haus Wllside Residential lH) L Single -Family Residential (SFR) ■ T •Family Residential (R) ■ T -Family Primary/Secondary Residendal(PS) ■ Residential Cl— (RCl ■ Lnw Density Muluple-Family(L.DMF) ■ Medium Density Multiple-Family(MDMF) ■ High Density Mulupla-Family(HDMF) ■ Vail Mllage Townhouse(Wr) ■ (1—ing(H) ■ Public Acco—dill(PA) ■ Publlc Acc.—dl (PA -2) ■ Commercial Core l(CCt) ■ Commerdal Core 2(CC2) ■ Commercial Cora 3(OC3) ■ ll Mined Use 1 (LMUA ) ■ Uonahead Mixed Use 2 (LMU-2) ■ Commercial S -4 -Cantor KSq ■ Artadal Business(ABD) ■ Heavy Services (HS) Outdoor Recreation (OR) ■ Agncultural and Op., So—(A) ■ Natural Area Preservation(NAP) ■ Ski 6ase/11ecreatian (SBR) ■ Ski Rase/Recrestian 2(SRR .2) ■ Parking(P) ■ General Use(GU) Nat Designated Zoning Outdoor Recreation Public Accommodation Vail Townhouse Condominiums 12 Existing Land Use South Ted Kindel Park Mixed Use (commercial & residential) East Residential West Mill Creek Stream Tract Mixed Use (commercial & residential) Ownership Zoning Town of Vail Outdoor Recreation Mill Creek Court Commercial Core 1 Vail Rowhouses Vail Village Townhouse Town of Vail Outdoor Recreation Gorsuch Commercial Core 1 Both the HDMF and the VVT zone districts allow for "Multiple -family residential dwellings, including attached and row dwellings and condominium dwellings" as a permitted use. This is the existing use of the Vail Townhouse Condominiums. The VVT zone district is slightly more restrictive in that it does not allow for "Lodge" as a permitted use as HDMF allows. This use is compatible with all existing and allowable uses on the surrounding properties and within this area of Vail Village. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives APPLICANT RESPONSE: The proposal to rezone the property to the VVT zone district furthers the Town's development objectives as outlined in the analysis of the Vail Village Master Plan provided above. (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 APPLICANT RESPONSE: The proposed zone district amendment provides for the growth of an orderly viable community by providing for development standards and design guidelines for the redevelopment of the Vail Townhouse Condominiums in alignment with the Vail Village Master Plan. This does not constitute spot zoning, as the VVT zone district helps further implement the Vail Village Master Plan and is consistent with the surrounding zone designations, including the adjacent Vail Row Houses, which is also zoned VVT. As a result, the proposed amendment serves the best interest of the community. (5) 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 APPLICANT RESPONSE: The VVT zone district was created by the Town of Vail in recognition of the challenges of redevelopment under the HDMF zone district that rendered many properties, including the Vail Townhouse Condominiums, nonconforming. The VVT zone district allows for flexibility for some standards, and more restrictive requirements in others, especially height. All environmental controls Vail Townhouse Condominiums 13 remain, including stream setback requirements, hazard regulations, etc. If and when redevelopment projects are proposed, all environmental impacts are reviewed and approved by the appropriate governing bodies. As a result, there are no adverse impacts of the proposed rezoning. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district APPLICANT RESPONSE: The purpose statement for the VVT zone district is as follows: 12-6J-1: PURPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. Applicant Analysis: The purpose statement specifically identifies the Vail Townhouse Condominiums as one of the properties that should be rezoned to the VVT zone district, and notes that the goal is to maintain the residential character of this neighborhood. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple -family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. Applicant Analysis: Recognizing the challenges presented by the current zoning of HDMF, the purpose statement encourages the redevelopment of properties in accordance with the Vail Village Master Plan. Vail Townhouse Condominiums 14 The proposed rezoning from HDMF to VVT is consistent with the purpose statement of the VVT zone district, and furthers the recommendations included in the purpose statement. The proposal is therefore consistent 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 APPLICANT RESPONSE: The Vail Townhouse Condominiums was zoned HDMF in 1973. Recognizing that the needs of the Town have changed since the property was originally zoned HDMF, the new zoning of VVT allows for the development of under specific regulations developed for this location and use. The proposed rezoning is consistent with the Vail Village Master Plan, which recognizes the changes that have occurred in this area. As a result, the proposal is consistent with this criterion. (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. APPLICANT RESPONSE: Any other factors can be addressed as necessary. Vail Townhouse Condominiums 15 0 a I T ~ U E > d N N � � O_ LL N N O p U 0 O N 7 O O 2 E O N C >, H E U U cu N U N N U N i Ir d C � U � N Q N p O) 0 U E O D c t > n E o 2> a U O Q a !ME IFpry 00 U') 0 O � O O �► O LV L► V � O G1 U Q � 0 V , 4. M y p ^W I T ~ U E > d N N � � O_ LL N N O p U 0 O N 7 O O 2 E O N C >, H E U U cu N U N N U N i Ir d C � U � N Q N p O) 0 U E O D c t > n E o 2> a U O Q a !ME IFpry 00 U') 0 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: July 12, 2021 PEC Results ATTACHMENTS: File Name Description Pec results 071221.pdf July 12, 2021 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VA10 WORK SESSION July 12, 2021, 1:00 PM Town Council Chambers and Virtual on Zoom 75 S. Frontage Road - Vail, Colorado, 81657 I tems UPDATE 20 min. An update to the Planning and Environmental Commission regarding the design of Lot #10 following completion of the Vail Health east and west wing projects as required per a condition of approval of PEC 15-0002, Amended Conditional Use Permit for Vail Health. Applicant.Vail Health, represented by Braun Associates Planner: Jonathan Spence Planner Spence provided an introduction to Lot #10 history and the purpose of the agenda item. Tom Braun, representing Vail Health spoke to Lot #10 and its final disposition. Chairman Kurz inquired about access. No additional questions or comments and no action required. WORKSESSION 60 min. A worksession with the Environmental Sustainability Department to discuss ongoing programs and initiatives. Applicant: Planner: A worksession with the Environmental Sustainability Department to discuss ongoing programs and initiatives. Planner Spence introduced the Town's Environmental team. Pete Wadden introduced himself, Beth Markham, and Kristen Bertuglia. Pete asked the commission if there were any roles they would like the environmental team to take on for the review of PEC items generally. He then began to describe the current Environmental team projects. Beth Markham began to speak to progress on a plan to address and divert construction waste materials from landfills to recycling. The Town also adopted the Eagle County 2020 Climate Action Plan. This plan also encouraged construction waste diversion with a goal of 100% diversion of recoverable waste. Commissioner Gillette: What exactly is `recoverable' construction waste. Markham: Listed a number of materials including lumber, rebar, steel, cardboard, and other general recyclable materials. Would like to initially explore a voluntary diversion program that will help guide contractors to solutions to challenges for waste diversion. Commissioner Kjesbo: Stated that he had previously met with Kristen. Asked about what to do with asphalt. Markham: Currently there is not a location in the county for asphalt diversion. Gillette: The biggest ongoing issue is getting multiple waste dumpsters on site. It is often difficult to just get one dumpster on site. He expressed doubt about getting to 100% diversion, but that he felt there would definitely be opportunities. Encouraged working with public works and code enforcement to allow for an extra dumpster on the street. Kjesbo: Also mentioned that having to pay extra to use Town roads for an additional dumpster will be counterproductive. There needs to be some cooperation with the Town. Also asked to bring CJ with the building department into the conversation so that this idea can be brought up at the next Construction Board of Appeals meeting. Specifically pointed out tear- downs on low density lots as more likely to be able to do this. Markham mentioned that there could potentially be a size threshold for triggering a future diversion measure. Commissioner Phillips: Has there been any conversation for a construction use tax rebate for the material diverted? Also mentioned having some discount for use of Town of Vail property for an extra dumpster. Markham: Began speaking about the next project. Gave an overview of the electric bikeshare program. Have been working with the County for a potential regional bikeshare program. Environmental has also been working on an electric bike program for essential workers. This is modeled after a similar program in Denver that provides e-bikes to essential workers below a certain income threshold. Would start with an application process that selects 7 recipients. Commissioner Perez: Are these bikes being loaned or given? Markham: They would be given to qualified recipients. These bikes cost about $2k each. Gillette: Why not loan these bikes instead of giving them? Markham: We could implement a threshold of use that would require these bikes to be used a certain amount or else given back to the Town for redistribution. Gillette: Is there any thought for a Town of Vail managed rideshare program with electric cars? Markham: This is definitely something to look into. Before the pandemic they were looking at a rideshare app for regional workers. From a County held survey on alternative transportation options, a-bikes were identified as the most likely option to get people to use an alternative transportation option twice a week. This is why the Environmental team has been focusing on an e-bike program. Phillips: Mentioned that for a carshare program it would be helpful for the Town to designate carshare parking spots at various, likely employee housing, locations throughout the town. Wadden began to talk about the Gore Valley Trail interpretive installation. He talked about the progress made so far in selecting a final design and location. Next, Wadden talked about the Distelhorst streambank stabilization. Similar to previous streambank restoration projects. Chairman Kurz: Asked if this could set any kind of precedent? Wadden: Stated that it could act as an inspiration for other private owners along the streambank. Wadden next talked about a stream setback ordinance. This alters how the stream setback is calculated. It also created a 10ft no-mow zone next to the streambank. The stream setback calculation change will be easier to estimate from a homeowner because the new setback would start from the edge of a stream rather than the center. This method is also considered more equitable overall as properties near wide sections of Gore Creek essentially have no setback, whereas properties near narrower sections of the Creek have a much larger apparent setback currently. Wadden stated he could come back to the board with visual examples. Gillette: Asked if there was going to be an analysis of existing properties effected by this change. Wadden stated that this was being looked into. Gillette: Is it possible to do some kind of riparian gardening that would achieve the same effect of streambank riparian restoration without letting these sections go completely unmaintained? Wadden stated that this may be possible. Also spoke to some considerations that would have to be made for this no-mow zone such as defensible space for structures already very close to the streambank. Kurz and Wadded briefly discussed some town stream restoration projects. Wadden next spoke to a request from the Town Manager to explore outdoor water use efficiency. 80% of outdoor water use does not make its way back to the stream. Still in a very early research phase but could be coming down the pipeline in the future. Markham: Next spoke to the rezoning for open space initiative. There are a couple of properties that are being donated to the Town that will need to be rezoned to Natural Area Preservation and classified as Designated Open S pace. Markham: Next talked about a biodiversity study. This would take inventory of species populations and then outline policy direction. Bertuglia: The open lands board has already approved this study. Gillette: Asked if this would be private and public property in this study Bertuglia: Stated that this survey will likely include the entirety of the Gore Creek Watershed. Wadden: Talked next about the nature center yurt conditional use permit (CUP). The original nature center was deemed unsafe and so a CUP was granted for a temporary yurt. The nature center renovation has not been decided on, so an extension of the yurt's CUP is needed. Wadden next spoke to an idea of using biodegradable erosion control materials. Stated that if the Town started using these products on their projects, it may help encourage vendors of these products for private users. Wadden next talked about the draining of pools and hot tubs in the town. Eagle river water sanitation district directs people to neutralize pool chemicals in the water and then call the agency prior to dumping the treated water into the sewer system. If this is not feasible, then dumping the water onto land some distance from the creek is recommended. Unfortunately, many of these pools are very near the creek and dumped on the spot, so now Environmental is exploring the idea of requiring a sewer tie in for new pools and hot tubs. Gillette felt this would be relatively easy for new construction. Kjesbo also mentioned that educating applicants about the ability to put in a sanitary drain. Gillette also pointed out that every new construction should have a cleanout on the outside of the house that should be used by pool maintenance companies. Commissioner Pratt asked about the next update for Gore Creek health. Wadden: Getting numbers back on macroinvertebrates is time consuming by its nature. The last update was presented to the Town Council in January 2021 regarding 2019 numbers. These numbers showed substantial improvements from previous years. Would like to bring an update to the PEC as well. Markham: The next item involved possible action items for reducing greenhouse gas emissions. She discussed some above building code regulations that would work towards this goal. Stated that Vail has also been approached by SolSmart that works with towns to reduce barriers to solar installation in residential and commercial projects. Vail is already very close to achieving Bronze SolSmart designation. Some extra steps could be taken as well to reach Silver or Gold. The town has also been asked to join the EV City initiative. This is an initiative to convert fleet vehicles from internal combustion to electric vehicles. Kurz asked if there are federal funds for these programs. Markham: There are none today, but the current administration is likely to approve additional funding for sustainable building kinds of initiatives. Markham then clarified that there are federal stimulus funds available to assist with procurement of electric buses and a few other mobility programs. Kurz encouraged having plans for initiatives ready so that we can make use of funds when they become available. Kjesbo: Is it in the Town's budget to add more charging stations? Markham: Most, if not all, the stations we currently have were installed using grant or settlement funds. Kjesbo stated that the Town ultimately needs more stations for electric vehicles, especially if we are going to push for more electric vehicles. Gillette had a discussion with Kjesbo and Markham regarding the difference between various stations and any penalties for using the station parking spots when someone doesn't need a charge. Kurz thanked Beth and Pete and appreciated some of the expertise of the PEC members. Gillette spoke to memorializing an update process for Environmental and PEC. PEC members spoke to individual items of interest including electric vehicle sharing programs, storm water management, and involvement in environmental outreach. Philips asked for clarification regarding responsibilities for stormwater discharge (state vs. district vs. town). Wadden provided clarification and spoke to responsibilities and educational efforts. Seibert recommends a change to the PEC web page to speak more broadly of the responsibilities. 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000706614-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the 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 insertion; and that the first publication of said notice was in the issue of said newspaper dated 7/23/2021 and that the last publication of said notice was dated 7/23/2021 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/9/2021. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/9/2021. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 EW MEDINA NOTARY a- -,a Ua,O PLANNING AND ENVIRONMENTAL COMMISSION July26, 2021, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Cell to Order ,.1. Regist nad-n. for this -bid- h0psllus02web.zoom.usAvebinor/register)WN_QJybkNzgG ,MGMY,H6FE0g After registering, you will receive a confirmation email containing it fidarr ion show inimg the _b no'. t2. Attendance Main Agenda 2.1. A request for review of a Minor Subdivision, pursuant to Title -1 3, Chapter 4, Minor Subdivi s, Vail Town Code, to ellow for resubdivisiof the existing Tract G, Lot 1,Let2, antl Lot 3 Vail Das Schon, Filing No. 1 and Lot 1, Vail Des Schon, Filing 3, into the)Hlghline Subdippvision maid, up of two parcels, Lot 221 Norm Frolntage Road West add 2213pCha oroArrn in L � Ill 1 pectiveure)ly and at Hing forth details In regard thereto (PEG21-0030) 20 mins Applicant: TNREF III Be- Vail LLC, representetl by Mauriello Planning Group Planner: Greg Roy 2.2. A request for review of a Conditional Use Permit pursuant to Section 12 -TJ- 3, Applicant' TNREF III grove Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy 2.3. A reequesifora recommentlation to the Vail Town Council for a major m dment to Special Development Diam (SDD No.43, Nighllne Doubletree, pursuant to Section 12-9A-10, Amendment Proce a es, Vail Town Code, to reale a phasing plan, clarify conditions, and request an extension io the pTp Cpp, Id, l,dd1od at 2211 North Frontage Roatl Wgg est which is composetl Da Sahone Filing 3, andnsed Lot g forth d,W,I, ,homgardnthereto. (PEC21 0018) 45 min. Applloa.It TNREF III Gravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy 2.4. Arequest for a =a dation loth, Vail Town Council for azone district boundary amendment, pursuant to Section 12-3-7, Amendment, Veil Town Code, toggallow for the rezoning of 303 Gore GreeLate 1-6, from the k Drive which is composed of Vail (R DMF) Oi t ial IFiling s the VailpV Ilage Townhouse (VVT) District ct anldsell ng form T in regard thereto. (PEC21-0031) 45 min. Applicant: Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner: Greg Roy 3. Approval or Minutes 3.1. July 12, 2021 PEG Results 4. Adjournment The applicalions and IMormation about the proposals are, available for public inspe tion during gular of hours at the Town of Vail Communby Development.Depe-ment, 75 South Frontage Road. The public is -I ad to attend the project orientation and 11e site visits that precede the public hearing in the Town of Vail Community Development Department- Times and order of items are approximate, subject to change, and. cannot be relied upon to determine at what time the Planning and En, ronmental Commission will con- sider an item. Please call (970) 479-2138 for additional information. Please ,It 711 for sign language inter- pretation 46 hour prior 1, meeting lime. Community Development Department Published in the Vail Daily July 23, 2021. 0000706614 Ad #: 0000703578-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that he Planning and Your account number is: 1023233 hold apublicharingI, oma , ithsectn of im12il ° 3-6, Vail Town Code, odJuly 26, 2021 .11:00 oni in the Town of Vail Municipal Building. PROOF OF PUBLICATION VAIL DAILY A request for a recommendation to the Vail Town manoilforamSDD) Nga43"H9rsimeio ubl..., m Distad STATE OF COLORADO pursuant ro Sedion de, to r Amendment g plan, duras, veil Town Code, to create a phasing plan, c ntl antl request an extension to the COUNTY OF EAGLE approve, dM' approval pedo i located a[ 2211 North Frontage Rotaz, a a Loi s van ods Echo n, F,I,ng No'. Loand Lot 1, Vail Use Sohone Filing 3, antl setting torn de - mile Inregard her . (PEC21-0018) I, Mark Wurzer, do solemnly swear that I am Publisher of Applicant apr ...11ad by Vail LLC, g t tl b Mantels Piannin the VAIL DAILY, that the same daily newspaper printed, in Group Planner: Greg Roy whole or in part and published in the County of Eagle, Puregabst nor re iew of . Conditional Us. Permit [to Seddon 12-7J-3, Conditional Uses, Vail State of Colorado, and has a general circulation therein; Town Code, inc rdance with TRIG 12, Chapter 16, Conditional UseP.nore, Vail Town Code ,toal- that said newspaper has been published continuously and low for accessory eating, drinking, or retail estab- shments occupying be ween ten percent and fif- uninterruptedly in said County of Eagle for a period of teen percent Of the total GRFA st the Highfne Ho - .I ichca dompo etll of"a�otc` o!1, Lo 2, and t more than fifty-two consecutive weeks next prior to the 3 Vail Das Schon, Filing No. 1 and Lot 1, Voll Das Schon, Filing 3, and setting forth tletails in regard first publication of the annexed legal notice or therein. (PEC21-0019) Applicant: TNREF III Bravo Vail LLC, advertisement and that said newspaper has the G roreented by Mauriello Planning published Planner: Greg Roy requested legal notice and advertisement as requested. A request for reArew of a Minor Subd,urion, go, so ant to Title 13, Chapter 4, Minor Subtlivisions, Vail Town Cotle,Wallowforresubd,V ionoftheex- isting Tract C, Lot 1, Lot 2, and Lot 3 Vail Des TheVAILDAILY isanacce ted legal advertising medium, 9 9 Schools Filing No. 1 and Lot 1, Vail Das Schon. Fil- mg3, into the Highline Subdivision made up of t - parcels, parcels, Lot 1 (approximat,ly 3.635 acre,) and Lot only for jurisdictions operating under Colorado's Home 2 (pproAma[ely 0313 ....), located at 2211 NorthFroutageRoadwstsr2213ChamonixLn, Rule provision. lbs(17-003o)set(mgmntl,ailsmrsardm,r,- Applicant: TNREF III Bravo Vail LLC, represented by Mauriello Planning That the annexed legal notice or advertisement was Group Planner: Greg Roy published in the regular and entire issue of every number A request for a recommentlation W the Vail Town Council for, on, district boundary amendm,nt, of said daily newspaper for the period of 1 insertion; and pursuant W Section 12-3-7, Amentlment, Vail Town Drive wh 11 Sfoorr the r...i gooi1303 Gore Croak that the first publication of said notice was in the issue of p pose Village g Block 5 Lots 1-6, from the High Density Multiple -- Family District to the Vail Village Town- said newspaper dated 7/9/2021 and that the last (HDMF) house (VVI) Dieted antl setfing forth details m a - gardthersto. ILL21-003r) publication of said notice was dated 7/9/2021 in the issue Applicant: Vail Townhouse Cmudominium Association, represented by Maudells of said newspaper. Planning Group Planner: Greg Roy The applications and information about the prop0s- In witness whereof, I have here unto set my hand this day, Is are available for public inspection tumid office hours at the Town of Vail Community Development 10/9/2021. Department, ]5 South Frontage Road The public 1 irod 10 anend ,R, Ino Pla.aa dell 9]0-4]9- 2138 or visit www.vailgo—,mr/planning for addition - at information. Sign language interpretation available upon re- quest win 24-hour notification, dial 711. /001Published July 9, 2021 'n the Vail Daily, F/ea1)�,q,'vy� 0000]035]8 Mark Wurzer, Publisher Subscribed and sworn t0 before me, a notary public in and for the County of Eagle, State of Colorado this day 10/9/2021. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 'son -m- NOTARY W STAL in 2numsdeas