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HomeMy WebLinkAboutPEC060032C~ lowNff va COMIJ41rY ()F-'pEL0PW%7 Planning and Environmental Commisson ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: VFD PVT CLUB CUP Project Description: Participants: PEC Number: PEC060032 FINAL APPROVAL FOR A CUP REQUEST FOR A PRIVATE CLUB FACILITY (Skier Club) OWNER LODGE PROPERTIES INC 04/10/2006 C/O THE LODGE AT VAIL 174 E GORE CREEK DR VAIL CO 81657 APPLICANT BAILEY & PETERSON 04/10/2006 Project Address: 174 GORE CREEK DR VAIL Location: VAILS FRONT DOOR LAND SWAP Legal Description: Lot: A Block: 5-C Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-2300-9 Comments: See conditions in file BOARD/STAFF ACTION Motion By: Kjesbo Second By: Jewitt Vote: 5-0-0 Conditions: Action: APPROVED Date of Approval: 05/08/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: George Ruther PEC Fee Paid: $650.00 0 Conditional Use Permit Application for Review by the Planning and Environmental Commission TOE *V& Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: 1 r Location of the Proposal: Lot:_Q-Block: Subdivision: Physical Address: Parcel No.: ~ I n8a?k-o n c~ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: ao Name(s) of Owner(s): ~Z Mail'qng Address: Ok"I _Dcg=4 1, 0-44-VI . R52 -Ina a Owner(s) Sig tune(s): =f2 i ~ 1r V Name of Applicant: A IQ A2 A=~2 Mailing Adjrespk: 'e E-mail Address: A For Office se Only "4T C -r I"-"' 1FJ Fee Paid: A-- ck N / By: Meeting Date: _0 PEC No.: C\ plann Project No.: F:\odev\FORMS\Pennits\Planning\PEC\conditonal_use.doc Page 1 of 5 1/4/06 -D5Jk% .(3447- Adp%A TOWNOF Y~, THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on May 8, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the Lionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of employee housing units and no net loss of accommodation units in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto. (PEC06-0028) Applicant: Town of Vail Planner: Rachel Friede A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review 10 Standards and Guidelines, Vail Town Code, to include wildfire hazard in the Hazard Regulations, and to require defensible space and ban wood roofs in high wildfire risk zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of a conditional use permit, pursuant to Section 12-71-1-5 Conditional Uses: Generally, to allow for a seasonal use or structure for conferences and conventions, located in Tract A, Lot 4, Block 1, Vail Lionshead Filing 1 Addition 1, and setting forth details in regard thereto. (PEC06-0030) Applicant: Lion's Square Lodge, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use (water tank), located at 2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and setting forth details in regard thereto. (PEC06-0031) Applicant: Eagle River Water and Sanitation District Planner: Elisabeth Reed A request for a final review of a conditional use permit, pursuant to Chapter 12-8E-3, Mp,~ l' Conditional Uses, Vail Town Code, to allow for the construction of a private club; 151 Vail Lane/Lot 2, Mill Creek Subdivision, and setting forth details in regard thereto. (PEC06-0032) Applicant: Lodge Properties, Inc., represented by Jay Peterson Planner George Ruther The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published April 21, 2006, in the Vail Daily. J Vail Resorts Front Conditional Use Request Adjacent Property Owners List April 19, 2006 I TOWN OF VAIL FINANCE DEPARTMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 1 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 24747 U. S. HIGHWAY 24 MINTURN, CO 81645 LODGE SOUTH CONDOMINIUM ASSOCIATION C/O STAN COPE 164 GORE CREEK DR VAIL, CO 81657 1 RIVA RIDGE CHALETS SOUTH CONDOMINUIM ASSOCIATION 114 WILLOW RD VAIL, CO 81657 RNA RIDGE CHALETS SOUTH CONDOMINUIM ASSOCIATION 133 WILLOW RD VAIL, CO 81657 DRESCHER, JARED M. & IRENE M. 1000 WILSON BLVD UPPER MALL 800 ARLINGTON, VA 22209 I Riva Ridge 45/05 LLC C/O North Bridge Venture Partners 950 Winter Street Suite 4600 Waltham, Massachusetts 02451 WELLS, LUANNE 450 NEWPORT CTR DR STE 450 NEWPORT BEACH, CA 92660 INTRAWEST RETAIL GROUP INC 221 CORPORATE CIR STE Q GOLDEN, CO 80401 1 VAIL CORP PO BOX 7 [ AIL, CO 81658 BYRNE, RONALD J. 16 FOREST RD VAIL, CO 81657 LODGE PROPERTIES INC C/O THE LODGE AT VAIL 174 E GORE CREEK DR VAIL, CO 81657 1 BRIDGE STREET LODGE CONDOMINIUM ASSOCIATION 356 E. HANSON RANCH ROAD VAIL, CO 81657 1 C C TOWN OF VAIL, COLORADO Statement Statement Number: R060000352 Amount: $650.00 04/10/200604:26 PM Payment Method: Check Init: JS Notation: 7197/BAILEY & PETERSON Permit No: PEC060032 Type: PEC - Conditional Use Parcel No: 2101-082-2300-9 Site Address: 174 GORE CREEK DR VAIL Location: VAILS FRONT DOOR LAND SWAP Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 650.00 C~ MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 8, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to Chapter 12-8E-3, Conditional Uses, Vail Town Code, to allow for the construction of a private club; 151 Vail Lane/Lot 2, Mill Creek Subdivision, and setting forth details in regard thereto. (PEC06-0032) Applicant: Lodge Properties, Inc., Planner George Ruther 1. SUMMARY The applicant, Lodge Properties, Inc., is requesting a final review of a conditional use permit application to allow for the operation of a "private club" offering its members skier- related services and amenities, located at the Vail's Front Door, 151 Vail Lane/Lot 2 Mill Creek Subdivision. Based upon Staffs review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Lodge Properties, Inc. is requesting a final review of a conditional use permit application to allow for the operation of a "private club" offering its members (up to 580) skier-related services and amenities. For example, the new ski club will provide members with a variety of skier-related services such as a skier's lounge and great room, changing rooms, ski storage, lockers, outdoor pool and hot tubs, and exclusive member's vehicle parking at the base of Vail Mountain in an underground parking structure. According to the approved development plans, the private club totals more than 14,000 square feet in size and includes 95 underground parking spaces. 285 club memberships will be sold to members wishing to have parking privileges (3:1 ratio). The parking spaces, however, will not be sold off separately as was done at Founder's Park. III. BACKGROUND On September 22, 2003, the Town of Vail Planning & Environmental Commission approved the development plans to allow for the construction of Vail's Front Door project, a redevelopment of the Vista Bahn ski yard. According to the conditions of approval, "The Developer [shall] submit a development application to the Town of Vail Community Development Department requesting approval of a conditional use permit to allow for the operation for a "private and public club"; pursuant to Section 12-8E-3, Conditional Uses, of the Vail Town Code. The application for the conditional use permit shall be reviewed in accordance with the provisions of Chapter 16 of the Zoning Regulations, prior to making application for the issuance of a building permit for Vail's Front Door Project improvements." U IV. REVIEWING BOARD ROLES Order of Review. Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 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. 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. AINN 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. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The DRB has NO review authority on a CUP, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials APN% and can uphold, uphold with modifications, or overt urn the board's decision. Staff: 2 The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Zoning Regulations For the Planning and Environmental Commission's reference, Section 12-16-1, Vail Town Code, identifies the purpose for a conditional use permit as follows: "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 co, 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." According to Section 12-2-2, Defintions, Vail Town Code, a "private club" is defined as, "An association of persons and its premises who are bona fide members paying dues, use of such premises being restricted to members and their guests." VI. ZONING ANALYSIS Zoning: Ski Base Recreatoin - 2 District Land Use Plan Designation: Vail Village Master Plan Current Land Use: Recreation/Ski Yard VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Commercial Commercial Core-1 South: Recreation/USFS N/A East: Residential Primary/Secondary West: Residential Primary/Secondary VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed "private club" is located within the Ski Base Recreation zone district. This 3 proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. 1~ A. Consideration of Factors Regardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed private club is consistent with the purpose of the Ski Base Recreation -2 zone district. According to the purpose statement of the Ski Base Recreation - 2 district, in part, "The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district." Furthermore, staff believes that this request furthers the following Vail Village Master Plan goals, Goal #1 Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community CO and identity. Goal #2 To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the village. Staff believes that the proposed conditional use will have a positive impact on the development objectives of the Town as the proposed use furthers the goals and objectives of both the Zoning Regulations and the Vail Village Master Plan. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed use will have negligible effects on the above- mentioned criteria. 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 Apl% areas. 4 Vehicular access to the private club will be via Vail Road en route to the underground parking structure. Members with parking privileges (up to 285 members) will drop their vehicles off at the entrance to the club where the vehicle will then be taken to the underground parking structure by the valet parking attendants. Access to the club for members without parking privileges (up to 295 members) will by drop off at the front entrance or by foot. Given the location of the use and the nature of its operation, it is likely that vehicular traffic to this area will increase. Considerations for this increase in vehicular traffic have been addressed in the roadway and access design for the site. A potential relocation of Checkpoint Charlie is contemplated to further address the increase vehicular traffic and was made a condition of approval of Vail's Front Door development plan. 3. 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. The private club has been designed to be a one-story tall building constructed primarily of stone and wood. An extensive landscape plan has been approved by the Design Review Board for the site. As such, the new building will not be out of character with its surroundings nor will its design negatively detract from the character of the buildings existing on the adjoining properties. Staff believes that the new ski club building will have a positive impact on the character of the area. B. The Plannina and Environmental Commission shall make the followina findinas before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Ski Base Recreation -2 District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the applicant's request for a conditional use permit to allow for the operation of a "private club" offering its members skier-related services, located at the Vail's Front Door, 151 Vail Lane/Lot 2 Mill Creek Subdivision. . Staff's recommendation of approval is based upon the review of the criteria described in Section VIII of this memo and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the applicant's ® request, staff recommends that the following findings be made as part of a motion: 5 1. That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this request, staff recommends the following condition(s) of approval: 1. That this approval shall only become effective upon the adoption of an ordinance by the Vail Town Council placing the development site in to the Ski Base Recreation - 2 District. 2. A maximum of 285 memberships may be sold to members wishing to have on site vehicle parking. 1*1 C 6 TO: FROM: Town Council MEMORANDUM Community Development Department DATE: May 16, 2006 W 3.V ~~1act ,v~ 6~ib t°b SUBJECT: First reading of Ordinance No. 12, Series of 2006, AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TO AS "FRONT DOOR USFS LAND EXCHANGE PARCEL" TO SKI BASE RE CREATION-2 DISTRICT (SBR-2), AND SETTING FORTH DETAILS IN REGARD THERETO. On May 8, 2006, the Town of Vail Planning and Environmental Commission voted 5-0-0 (Pierce recused) to forward a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to zone Vail's Front Door Land Exchange Parcel to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated May 8, 2006, has been attached for reference (Vail Town Council Attachment A). Attached to this memorandum is a copy of Ordinance 12, Series of 2006 (Vail Town Council Attachment B). The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 12, Series of 2006. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 12, Series of 2006, on first reading. LM + =r>.: " • . MEMORANDUM TO: • i Planning and Environmental Commission FROM: Community Development Department DATE: May 8, 2006 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation-2 zone district on a 5.13 parcel of land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/(A complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development Company Planner: George Ruther 1. SUMMARY The applicant, the United States of America and the United States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Community Development Department to allow for the zoning of "Front Door USFS land exchange parcel' to the Ski Base Recreation-2 zone district (SBR-2) . A complete legal description has been attached for reference (Attachment A). The applicant has submitted the application in anticipation of the redevelopment of the Vista Bahn ski yard more commonly referred to as Vail's Front Door. Staff is recommending approval of the applicant's development review application. II. DESCRIPTION OF REQUEST The applicant, the United States of America and the United States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby the "Front Door USFS land exchange parcel" is zoned to the Ski Base Recreation-2 (SBR-2) zone district. According to the applicant, the zoning is intended to facilitate the redevelopment of the Vista Bahn ski yard. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment B) Vail Town Council Attachment: A III. BACKGROUND On April 1, 2003, the Vail Town Council approved Resolutions No. 2 & 3, Series of 2003, amending the Vail Land Use Plan and the Vail Village Master Plan to include the area of the Front Door USFS land exchange parcel into the Plans, and approved Ordinance No. 4, Series of 2003, amending the Zoning Regulations and creating the Ski Base Recreation - 2 District. On May 2, 2006, the Vail Town Council approved Ordinance No. 11, Series of 2006, approving the annexation of the Front Door USES land exchange parcel into the Town of Vail. IV. ROLES OF THE REVIEWING BODIES Rezoning/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff pfovides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) (in part) 12-8E-1: PURPOSE: The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district. The ski base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. Town of Vail Land Use Plan (in part) Chapter 11 - Land Use Plan Goals/Policies 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. 1.6 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. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. C) The affected neighborhood can be involved in the decision-making process. 1.9 The existing condition and use of National Forest Land (USFS) which is exchanged, sold, or otherwise falls into private ownership should remain 3 unchanged. A change in the existing condition and use may be considered if CO the change substantially complies with the Vail Comprehensive Plan and achieves a compelling public benefit which furthers the public interest, as determined by the Town Council. (Res. 2 (2003) §1) 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. C) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas. to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. H 4 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Vail Village Master Plan (in part) Land use categories in Vail Village include the following: Ski Base/Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically- pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural/art events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub-areas are delineated in this Plan. Sub-areas were determined based on a number of different considerations. Foremost among these were: design and site characteristics geographic or physical boundaries • land uses and ownership patterns Each of the ten sub-areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub-area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub-area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub-areas (which follow), provide detailed descriptions of each sub-area concept and express the relationship between the specific sub-area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub-area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub-area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub-area concepts. c The Front Door sub-area plays a critical role in the interface between the ski APN mountain and the fabric of Vail Village. As the premier guest portal to Vail Mountain, FRONT DOOR SUB-AREA W 1) the Front Door area should reflect in both use and design the world-class stature of the Vail resort and community. The goals for development in this sub-area are as follows: • To provide for a year-round, world-class guest experience at the interface between Vail Village and the ski mountain. • To provide new and improved guest service facilities at the top of Bridge Street that will not only improve the quality of the entire guest experience, but will increase evening guest retention in Vail Village. • Provide for new below-grade loading and delivery facilities to better serve the Front Door and upper Bridge Street areas, consistent with the overall "dispersed quadrant" approach of the Vail loading and delivery master plan. • To provide a venue for outdoor cultural/art and sporting events and other similar special community events. • Provide for the removal of surface vehicular traffic and parking that currently occurs within the sub-area. • To provide for limited (6-10 dwelling units/acre) medium density residential development. • With the exception of development that may be approved within Sub-Area Concepts 11-1 and 11-2, the balance of the Front Door Sub-Area should remain in a predominantly undeveloped, open space condition. The Front Door Sub-area includes two Sub-Area Concepts. Please refer to the Vail Village Master Plan Action Plan for a graphic depiction of these concepts. # 11-1 Lodge Exchange Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow Circle/Vail Road and the Vista Bahn ski yard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to re-grade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. If developed, the scale of a skier/guest service building should be limited to one-story as viewed from the skier plaza area. VI. ZONING ANALYSIS The following zoning analysis provides the development potential allowed in the Ski Base Recreation-2 District. Address: 151 Vail Lane Legal Description: Lots 1 and 2, Mill Creek Subdivision, Tract E, Vail Village First Filing, and Unplatted Zoning: Ski Base Recreation - 2 zone districts Land Use Plan Designation: Ski Base Recreation and Vail Village Master Plan Hazards: Areas of 40% Slope Lot Area: 261,685 square feet/6.01 acres Development Standards Allowed Proposed Lot Area (min.): 10,000 sq. ft. of buildable area Setbacks: As indicated on the approved development plan Building Height (max.): Density Control: (du's/ac) (GRFA) Site Coverage 43' and as indicated on the approved development plan (Compliance with the Vail Village Master Plan is required) 48 du's or 8 du's/ac As indicated on the approved development plan As indicated on the approved development plan Landscaping and Site Development Parking/Loading Flan and Program As indicated on the approved development plan As indicated on the 261,685 sq. ft. of buildable area > 20' and as indicated on the approved development plan Varies with all buildings <43' and as indicated on the approved development plan 13 du's or 2.2 du's/ac 36,500 sq. ft. As indicated on the approved development plan As indicated on the approved development plan See attached spreadsheet 8 approved development > 90% of the parking is enclosed plan per the Code requirements VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Development Commercial Core 1 South: USFS N/A East: Residential Primary/Secondary West: Residential Primary/Secondary VIII. CRITERIA AND FINDINGS Amendment to the Official Zoning Map of the Town of Vail (zoning of annexed areas) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone the Front Door USFS Land Exchange Parcel (A complete legal description has been attached for reference (Attachment A)) to the Ski Base Recreation-2 (SBR-2) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment. 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Section V of this memorandum outlines the goals and policies that are relevant to the proposed zoning of the Front Door USFS land exchange parcel. The requested zoning specifically implements the Vail Land Use Plan land use designation and Vail Village Master Plan of Ski Base Recreation which states, in part, that, "Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically-pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural/art events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. " According to Section 12-8E-1: Purpose; Ski Base Recreation-2 District, "The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district. The ski base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated., streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. " The proposed zoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 10 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Ski Base Recreation - 2 District establishes land use regulations that are consistent with the proposed uses on the parcel and are suitable with the existing and potential surrounding land uses. The proposed use of the property will remain as a ski mountain portal to Vail Mountain, albeit in a much improved condition and substantially increased level of quality. The zone district boundary amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Village Master Plan and Low Density Residential. Pursuant to the Plan, the existing land use designation is Ski Base Recreation. The area governed by the Vail Village Master Plan is designated as Village Master Plan. A review of the Zoning Regulations demonstrates that the uses allowed in the Ski Base Recreation - 2 zone district are compatible with both the intent and purposes of the surrounding land use designations. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Ski Base Recreation - 2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and the Vail Village Master Plan. Staff believes that the proposed zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, the parcel in question is located immediately adjacent to the commercial area of Vail Village. As such, according to Sub-area #11 of the Vail Village Master Plan, the Front Door USFS land exchange parcel is identified as a location for a centralized loading and delivery facility. To that end, the Ski Base Recreation - 2 zone district allows "private or public off street loading facilities" as a permitted use. Additionally, the Vail Village Master Plan states that a goal of the Plan is "to provide a venue for outdoor cultural/art and sporting events and other similar special community events." In an effort to achieve that goal, the Ski Base Recreation - 2 zone district places an emphasis on the need to accommodate special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license, on sites located within the District. 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 11 The proposed zoning establishes consistent zoning for the property. This zoning will create a zone district consistent with the existing and proposed use of the property. The proposed zoning will provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Village Master Plan. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the zoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Vail Village Master Plan, is to address the following goals: # 11-1 Lodge Exchange Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow Circle/Vail Road and the Vista Bahn ski yard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to re-grade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. If developed, the scale of a skier/guest service building should be limited to one-story as viewed from the skier plaza area. 12 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Ski Base Recreation - 2 (SBR-2) District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. A copy of the purpose statement of the zone district is provided in Section V of this memorandum. 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. As this site has recently been annexed into the Town of Vail municipal boundaries, zoning does not presently exist on the site. Therefore, staff does not belive that this criteria is relevant to this application. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to zone Vail's Front Door Land Exchange Parcel to the Vail Town Council. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 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. " 13 X. ATTACHMENTS A. Legal Description B. Vicinity Map 14 REQUEST TO APPLY ZONING Vail's Front Door/USFS Exchange Parcel March 6, 2006 Backl4round/Purpose of this Request The purpose of this request is to apply Ski Base/Recreation 2 zoning to a 5.13 acre parcel of land commonly referred to as the "USFS exchange parcel," as more particularly described in the attached legal description (the "Property"). The Property constitutes part of the site for Vail Resort's "Front Door" project at the base of Vail Mountain, which will otherwise be located partially on land currently owned by an affiliate of the applicant (Lots 1 and 2, Mill Creek Subdivision), which land is already zoned Ski Base/Recreation 2 in furtherance of the "Front Door" project. The zoning of the Property as Ski Base/Recreation 2 will facilitate suitable development of the ski base area and create a compelling public benefit, furthering the pubic interest, for Vail Village as a world class ski resort community. The Vail Corporation ("VC"), an affiliate of the applicant, Vail Resorts Development Company, has entered into a land exchange agreement with the owner of the Property, the United States of America, acting by and through the Forest Service, Department of Agriculture ("USFS"). The closing of the land exchange agreement will result in the conveyance of the Property in fee to VC. With the conveyance of the Property to VC expected to occur in the coming few weeks, it is appropriate for the Town to now consider the annexation petition (previously submitted) and this zoning application for the Property. However, because the USFS is the owner of the Property as of the date of this application, the USFS and the applicant mutually require that final zoning approval (and final annexation approval) do not occur until such time as the Property is conveyed to VC. Accordingly, this application is made subject to the condition that the second reading of the zoning ordinance (and second reading of the annexation ordinance) will not occur prior to the conveyance of the Property to VC. 1J Attachment: A Vail's Front Door Application for Zoning 0 Review Criteria Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Analysis: In 2003 the Town of Vail approved amendments to the Vail Land Use Plan and the Vail Village Master Plan, the purpose of which was to establish goals and policies necessary to implement the redevelopment of the Vail Village portal to Vail Mountain (commonly referred to as Vail's "Front Door Project"). Following these master plan amendments the Town of Vail adopted a new zone district - Ski Base/Recreation 2. The purpose of this zone district, among other things, is to establish development standards that will implement the revitalization and redevelopment goals of the Town. Applying the Ski Base/Recreation 2 zone district to this area is directly consistent with the goals, objectives and policies of the Town's Land Use Plan and Vail Village Master Plan. (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 Analysis: The proposed rezoning will facilitate the upgrade and revitalization of the "Front Door" to the Vail Village. The proposal will allow the removal of some unsightly and unorganized uses and replace those with uses which are compatible with the surrounding residential and commercial activities and consistent with the operation of a ski mountain. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Anal The proposed Ski Base/Recreation 2 zone district allows for development and land uses typically associated with ski mountain base areas. The proposed zoning will also establish a framework for the upgrading and revitalization of the "Front Door" to Vail Mountain. The proposed rezoning is consistent with the goals and policies of the Town and presents a harmonious, convenient, and workable relationship with land uses in the area. Vail's Front Door Application for Zoning (4) The extent to which the zone district amendment provides for the growth of an r/ orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Analysis: The proposed rezoning provides for the growth and development of an orderly viable community consistent with the Town's development interests. Given the size of the Property and its natural integration into the ski base, the context and current use of adjacent property in concert with the ski base, and the proposed "Front Door" development of the ski base to further enhance Vail Mountain operations, the proposed rezoning does not constitute spot zoning. The intended uses in this zone district, including ski lifts, skier services and ticketing, loading and delivery functions and other compatible uses, will promote beneficial operation of the ski base area while improving the overall access to and complementing the existing uses in Vail Village. (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 Analysis: The Ski Base/Recreation 2 district outlines submittal requirements and development review procedures that include, among other things, the evaluation of potential impacts on environmental considerations. Given the nature of the Property and based on the Environmental Impact Report that has been prepared for Vail's "Front Door" project, the proposed development will not adversely impact the factors outlined above. The development of the "Front Door" project will result in beneficial impacts resulting from properly designed and constructed facilities, which will be developed to the Town's development standards. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Analysis: The stated purpose of the Ski Base/Recreation 2 district is "to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district". The Ski Base Recreation 2 district is proposed for land located at the base of Vail Mountain immediately adjacent to Vail Village. The planned "Front Door" project is consistent with this zoning application and the intended purpose of the zone district. Vail's Front Door Application for Zoning (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 Analysis: This criteria is not relevant given the fact that the Property has not been in the Town of Vail and as such has not previously been zoned by the Town. The Property will be integrated with other properties in the ski base area that are already zoned Ski Base/Recreation 2 district in furtherance of appropriate development of the "Front Door" to Vail Mountain. C. 0 Vail's Front Door Application for Zoning (ATTACHMENT A) PARCEL DESCRIPTION: LOTS I AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89043'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) SO0°21'52"W 165.00 FEET 2) S00°2 1'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET: THENCE N33°20'55"W 282.22 FEET ; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21 "E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°1 5'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21'1 9"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAIN ING 5.13 ACRES MORE OR LESS. i g~a Wad 0~3 s€g Bps 22 go Ea 5 u Sw ~E ~m x8 41 = (7 > O O CN ~ W ^t _ (0 - O C L C Q a 'v-, O = U 0 LL N L a~ a E V o X = w C c .E c u F a i~G a N ~ C C N O • n Y ► O • W V 1 N N $ Z • N C ~ 9 C '~3 C ~ N O Attachment: B o~ 6 S E iE 0 LO n N 0 N (~o ORDINANCE NO. 12 Series of 2006 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TO AS "FRONT DOOR USFS LAND EXCHANGE PARCEL" TO SKI BASE REACREATION-2 DISTRICT (SBR-2), AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on May 8, 2006, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment 0 to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, a complete legal description of the area to be zoned is on file in the Town of Vail Community Development Department and attached to this Ordinance; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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 ORDINANCE NO. 12, SERIES OF 2006 Vail Town Council Attachment: B quality. AWN NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The Front Door USFS Land Exchange Parcel shall be zoned to Ski Base Recreation - 2 (SBR-2) District, as legally described on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this 10 ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent ORDINANCE NO. 12, SERIES OF 2006 herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2006, and a public hearing for second reading of this Ordinance set for the 6th day of June, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk J 4) ORDINANCE NO. 12, SERIES OF 2006 C EXHIBIT A Legal Description of Property to be Zoned LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) SO0°21'52"W 165.00 FEET 2) SO0°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S0002 1'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCEN33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6,1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15'1 8"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK. SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO- EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. C ORDINANCE NO. 12, SERIES OF 2006 ORDINANCE NO. 12 Series of 2006 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TO AS "FRONT DOOR USFS LAND EXCHANGE PARCEL" TO SKI BASE REACREATION-2 DISTRICT (SBR-2), AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on May 8, 2006, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in 10 Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, a complete legal description of the area to be zoned is on file in the Town of Vail Community Development Department and attached to this Ordinance; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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 C ORDINANCE NO. 12, SERIES OF 2006 quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The Front Door USFS Land Exchange Parcel shall be zoned to Ski Base Recreation - 2 (SBR-2) District, as legally described on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent C ORDINANCE NO. 12, SERIES OF 2006 herewith are repealed to the extent only of such inconsistency. This repealer shall not be APIA construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2006, and a public hearing for second reading of this Ordinance set for the 6th day of June, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk 4; READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6t"' day of February, 2006. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk C ORDINANCE NO. 12, SERIES OF 2006 EXHIBIT A Legal Description of Property to be Zoned LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89043'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) SO0°21'52"W 165.00 FEET 2). S00°2 1'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22 FEET; THENCE N89045'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15' 18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO- EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. jpl~ ORDINANCE NO. 12, SERIES OF 2006