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HomeMy WebLinkAboutCASCADE VILLAGE VAIL CASCADE RESORT COMMON LEGAL (6)THT7*MMl Norrnbor 3d, t99g MrNicolcFcdct CYOWcT V.il Lod$ ZZ f l NFromTpRd Vri.l, Co t1557 MrFods, Thir ir r lcttar of r8r*aord brtwca \Vcrbrc, Inc @.b.a'Ttrity Cs leotrl), hrc l$rr rt'ced to u lltSTRC, rnd tlu Wact Vd lrdSt, lrorc ricr refarcd to u WVL. Th. WVL will prwidc F WSTRC l0 prrtiqg FrcG1 F b€ ba.tcd h tb hotcl prrtilg bt. Tlrcrc rprco uo prdonod to bc locdrd oo lbo Nqtb rd of,thc toc ttlcldrhjO.ltli laa, |ln n) Pcf r10 ffi* *o*.tto rrr t Ar t. - !I| ltdtq,|l I|.J.!. C0 lrrr gart Jrr,tEtg tr|.urrrtlllt lttt ttnnrrtFicoltrtl &l dlan |.1!u3!grt.mtard.F.trQ-r lbr ftt.l t./i 3or!. Uf "l 2 J 4 WSIT,C r3norropryAr9lVL ooattr for ttrc rrro of tlcrc rprcat.; 't,) Thir rjraoru ir to bc br four (a) raonlb* cototttslailu so Dcoub< lr, rnd codicaon l.&rch 101 Brd o includc tbc morhr of hnlry rad Fobrury. It ir urdantood tt! if bo4tt putht agrce to .xtad thir rgrscacat tbet it il, bc dboc rc rtthir optioa @ NlcobTcrler. ' Gonsrllvturfs WstvdlLodg? Ert€rEdirto rgrc.rDcal on$ir &y -h--,t*, &aioarlDtrlrgs Wcenc, Ino D.b.r, TtuityCrtn dd TOWN OFVATT Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 r 38 FAX 970-479-2452 Septembcr 4, l99ti Michael Standard. Esq. Rudy & Associates 108 S, Frontage Road Suite 210, WestSrar Bank Building Vail. CO lil657 Re:Westruc. Inc. d/h/a Thriiy Car Rental Business License Applictttion #98-0 I 974 Applic'ation.fbr a najor amendnent to SDD #4 Applicatkm.frtr a conditionul use permit.litr a tran,tportation bu.sine,s:; Deal Mr. Standal'd: I am in rcccipt of your application for Planning and Environmcntal Commission approval for the abovc-t'efcrenced projcct. Pcr the Town of Vail submittal requircments for conditional usc permits and spccial dcvelopment district amendmcnt applications, pleasc submit the following at your carlicst convcniencc: | ) A wlittcn dcscliption ofthc prccisc naturc ofthc proposed usc and its operating charactcristics and measures proposed to makc thc usc compatiblc with othcr plopcrtics in the vicinity. Thc dcscrintion must also address: Rclationship and impact of thc usc on thc dcvcloprncnt objcctivcs of the Town. Eftbct ofthe use on light, air, distribution ofpopulation, transportarion facilities. utilities, schools, parks and recreation facilities. and othcl public facilities and public facilitics needs. Effect upon tmffic. with particular refercnce to congestion, automotivc and pedestrian safety and convenience. traffic flow and control, acccss. maneuverability, and rcmoval of snow from the streets and parking arca. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk ofthe proposed use in relation to sunounding uscs. {p "*uo"o As you know, this business is cunently in violation of the Town's zouing regulations. Additionatly, Thrifty Car Rental is operating without a business license. The Town of Vail has been extremely lenient with regard to this matter in anticipation of a good faith effort to bring the business into compliance with applicable regulations. Mr. Pabst was notified of this violation on July 2nd, 1998. Please forward the remainder of the application submittal rcquirements to this office no later than Friday. September lSth at 5:00 p.m. Once the application materials are complete, Town staffwill process this application and prcsent it to the Planning and Environmental Commission and the VailTown Council. If I can be of assistance in this matter, please contact me at (970) 479-2128. Sincerely, \ 6r-r-'-f Q^-'-.'- Brent Wilson Planning Liaison Officer xc: Tom Moorehead, Town Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department october 26, 1998 A request for a major amendment to Special Development District No: 4, Cascade Village, to allow a "transportation business" as a conditional use in the district, and a request for a conditional use permit to allow for a Thrifty Car Rental business in the Cascade Village Hotel & Club, located at 1300 Westhaven Drive/Cascade Village Area A. Applicant: Westrac, Inc. dba Thrifty Car Rental, represented by Rudy & Associates, P.C.Planner: George Ruther I. DESCRIPTION OF THE REOUEST The applicant, Thrifty Car Rental, represented by Rudy & Associates, p.C., is proposing a major amendment to Special Development District No. 4, Cascade Village and pending the outcome of the major amendment, requesting a conditional use permit. The proposed amendment would add a "transportation buslness" as an allowed conditional use, subject to the issuance of a conditional use permit, within the Cascade Villaqe Special Development District. The applicant is requesting a conditional use permit to allow for the operation of a Thrifty car Rental business within the cascade Village Hotel & club. lf the major amendment is approved, the applicant wishes operate a car rental business out of the hotel. The proposed operation would be housed in a small 8' x 8'office space existing within the hotel. The car rental operation would provide a maximum of twelve rental cars that would be stored on-site within the existing underground parking structure. The proposed renlal car storage area is currently owned and operated by the cascade Club Hotel & Club and used to meet the parking demands of the hotel. The applicant anticipates that at no time will there be more than 4-6 rental cars parked in the structure at a time. Should additional parking become required, the applicant has indicated that the increased demand for parking will be provided ofl-site. II. BACKGROUND According to section 12-9A-2 (Definitions) of the Town of vailZoning Regulations, a major amendment to a special development district is defined as, in part, "Any proposal to change uses; increase GRFA; change the number of dwelling or accommodation units; modify, enlarge, or expand any special development district." Since the applicant is proposing to change the uses allowed in the Special Development District, the staff has determined that this request is a major amendment. Section 12-16-1 of the Zoning Regulations describes the purpose of a conditional use in zone districts and land use development. According to Section 12-16-1, the purpose of a conditional use is, "ln order to provide the flexibility necessary to achieve the objectives of this Title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this Title and with respect to their effects on surrounding properties. The review process prescribed in this Chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(1973) S 18.100)." According to Ordinance No 8, Series of 1995, allowed conditional uses in Area A (Cascade Hotel & Club) of Special Development District No.4 include: o A wellness center,r Fractional fee ownershio.o Special attraction,o Ski lifts, r Public parks and recreational tacilities, ando Major arcades with no street frontage on the public way. All conditional uses shall be reviewed per the procedures as outlined in Chapter .l 6, section 12 of the Zoning Regulations. The applicant proposes to add transportation business to the list of allowed conditional uses. III. MAJOR AMENDMENT REVIEW CRITERIA The review procedures and criteria for major amendments to established special development districts is prescribed in section 12-9A-10 (amendment procedures) and Section 12-9A-8 (design criteria) of the Zoning Regulations. section 12-94-8 provides nine principal criteria that the Planning & Environmental Commission and the Town Council shall use in evaluating the merits of amending a special development district. lt shall be the burden of the applicant to demonstrate that the proposal complies with each of the criteria, that one or more of the criteria are not applicable lo the amendment proposal, or that a practical solution consistent with the public interest has been achieved. Staff has reviewed each of the criteria and believes that only the following two criteria are directly relevant to this application: Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff Response; A "transportation business" or car rental business is not an unheard of use in association with a hotel or similar type of lodging business. The two uses are compatible with one another, and when properly provided for and operated, should not result in negative impacts. The provision of a car rental business within a lodging business is simply another amenity provided to the guests and patrons much like ski renlal or restauranl dining. Staff believes that the proposal to amend the special development district to include "transportation business" as a conditional use is both reasonable and appropriate and that the conditional use permit process adequately addresses potential issues. The conditional use permit process enables the Town to review a request for the use to assure compatibility and harmonious development with surrounding and existing uses. This process permits the Town to place conditions on the use to ensure that the location and operation of said use would not be detrimental to other existing or potential uses or the Town's development objectives. Parking & Loading: Compliance with the parking and loading requirements as outlined in Chapter 10 of the Zoning Regulations. Staff Response: Nearly all uses within a special development district result in impacts on parking and loading. Given the serious negative impacts that result from inadequate parking tacilities, stafl believes that all uses within a special development district must be able to accommodate the parking demand they create. In the case of a car rental business, the demand for parking created by the use is not necessarily generated by the customers. Instead, the demand for parking results from the need for adequate vehicle srorage. Staff believes that if the demand for parking can be adequately addressed to ensure that no negative impacts will result, that it would not be unreasonable nor inappropriate to allow a car rental business as a conditional use at the Cascade Hotel & Club. tv.CONDITIONAL USE PERMIT REVIEW CRTTERIA AND FINDINGS The review criteria and findings for a request for a conditional use permit are outlined in Section 12-16-6. A. Before acting on a conditional use permit application, the planning & Environmental commission shall consider the lollowing factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. _ The applicant is proposing to operate a car rental business out of the Cascade Hotel and Club. The car rental business would be comprised of a small administrative office within an existing space in the hotel and the storage of 4-6 rental vehicles in the existing parking structure on-site. The applicant has indicated that as many as 12 rental vehicles may be available at one time. staff believes that the proposed use would have no negative impacts on the existing use or the development objectives of the Town. As stated in the section above, a car rental business operating out of a hotel is not unheard of . Staff does believe however, that in order for the use to be compatible, adequate provision for rental vehicle storage and other necessary business needs must be provided. 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described 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 streets and parking areas. The applicant is proposing to store the rental vehicles within the existing parking structure on-site when the vehicles are not in use. The anticipated need for vehicle storage would be between 4-12 parking spaces. According to the existing uses approved for the Cascade Village Special Development District, all of the existing parking facilities on site are beyond capacity. In order for the staff to support the proposed conditional use request, the applicant must demonstrate the ability to provide at least 12 new parking spaces on-site. Staff believes it is important to provide the vehicle storage spaces on site and not attempt to rely upon a "managed" parking solution. Historically, "managed" parking solutions have not been effective and are very difficult to enforce, thus resulting in failure. 4. Effect upon the character ot 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. Staff believes that the proposed request lor a conditional use permit would have no negative effects on the above-described criteria. B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would 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 this Title!. V. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a major amendment to Special Development District No. 4, Cascade Village, to allow a "transportation business" as a conditional use in the district, and recommends denial of the request for a conditional use permit to allow for the operation of a Thrifty Car Rental business in the Cascade Village Hotel & Club. Staff's recommendations are based upon our review of the criteria outlined in Sections.lll and lV of this memorandum. With regard to the conditional use permit request, staff believes that in the absence df adequate on-site rental vehicle storage, the use would result in serious negative impacts inconsistent with the Town's development objectives. Should the Planning & Environmental Commission choose to recommend approval of the request for the major amendment to the Vail Town Council, staff would recommend that the Commission make the following finding: 1. That the addition of a "transportation business is both a reasonable and appropriate conditional use when conducted in association with a hotel or similar type of lodging business in the district and when adequate provisions for the operation of the use are provided. Should the Planning & Environmental Commission choose to deny the request for the conditional use permit, staff would recommend that the Commission make the followino f inding: '| . That the proposed car rental business and the proposed operation thereof is not in compliance with the parking and loading requirements of the Town of Vail and that due to the lack of adequate rental vehicle storage, the use would be detrimental to the existing and surrounding uses in the vicinity of the Cascade Village Hotel & club. Should the Planning & Environmental commission choose to approve the request for a conditional use permit, staff would recommend that commission place the followinq conditions upon the approval: 1. That prior to the conditional use permit approval becoming effective, the applicant amend Special Development District No.4, Cascade Club, pursuant to the procedures outlined in Section 12-9A-10 of the Zoning Regulations. 2. That the applicant's proposal adhere to the following standards: A. All vehicles shall be parked upon approved paved parking areas; B. All vehicles shall be adequately screened from public rights of way and adjacent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the deleterious eflects of vehicle storage: c. D. The number, size ard location ol vehicles psrmitted to be stored shall be determined by he Planning and Ervironmental Commission based on the adequacy of the site for vehicle storags. Consideration shall be given to the adequacy of landscaping and other screening methods to prsvent impacts to adjacent properlies and other commercial and/or residential uses; Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on-site. . o MISSI AGENDA Proiect Orientation / NO LUNCH - Communitv Development Department o LANN MEMBERS PRESENT Site Visits : 1. Half Moon Saloon - 2161 2. Thrifty Car Rental - 1295 ING AND ENVIRONMENTAL COM Monday, November23, 1998 MEMBERS ABSENT N. Frontage Rd. West S. Frontage Rd. ON 1:00 p.m. 1:00 p.m. Driver: Alliso KeI 1 . A request for a variance from Sections 11-4C-17 and 1 1-4C-1 B of the Town of Vail Municipal Code, to allow for an arcade wall sign in excess of 20 square feet and window signage in excess of two perfrontage, located aI2161 N. Frontage Road West/A portion of Lot 2A, Vail das Schone 3'o Filing. NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearinq - Town Gouncil Chambers 2:00 p.m. Applicant: Half Moon Saloon Planner:Allison Ochs 2. A request for a Conditional Use Permit, to allow for a "transportation business" within SDD #4, located at 1295 S. Frontage Road/Cascade Village. Applicant: Thrifty Car Rental, represented by Rudy & Associates Planner:George Ruther/Dominic Mauriello 3. Review and provide a final recommendation on the Lionshead Master Plan. Applicant: Town of Vail Planner:Dominic Mauriello, representing the Lionshead Master Plan Team 4. Information Update 5. Approval of November 9, 1998 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification, Please call 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published November 20. 1998 in the Vail Trail. ) t MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November23, 1998 SUBJECT: A request for a conditional use permit to allow for the operation of a "transportation business" within Special Developmeni Oistrict * a I Cascade Village Hotel & Club, located at 1300 Westhaven Drive/Cascade Village Area A. Applicant Westrac, lnc. dba Thrifty Car Rental, represented by Rudy & Associates, P.C.Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant is reguesting a conditional use permit to allow for the operation of a Thrifty car Rental business within the Cascade Village Hotel & Club. The proposed operation would be housed in a small 8' x 8' office space existing within the hotel. The car rental operation would provide a maximum of twelve rental cars. The applicant is proposing to retain four reserved parking spaces on site to be used primarily for the cleaning and exchange of rental cars. The proposed (on-site) rental car storage area is currently owned and operated by the cascade club Hotel & club and used to meet the parking demands of the hotel. The applicant anticipates that at no time will there be more than '12 rental cars parked in the structure at a time. II. CONDITIONAL USE PERMIT REVIEW CRITERIA AND FINDINGS The review criteria and findings for a request for a conditional use permit are outlined in Section 12-16-6. A. Before acting on a conditional use permit application, the Planning & Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. The applicant is proposing to operate a car rental business out of the Cascade Hotel and Club. The car rential business would be comprised of a small administrative office within an existing space in the hotel and the storage of 12 rental vehicles in the existing parking structure on-site. Staff believes that the proposed use would have no negative impacts on the existing use or the development objectives of the Town. Staff does believe, however, that in order for the use to be compatible, a finding must be made that adeguate rental vehicle storage and other necessary business needs have been orovided. f :\everyonetsec\memosgSUhriny4 { IA review of the Town's files including all special development district amendments and building permits issued for Area A within the cascade Special Development District reveals a surplus in the parking requirement. According to the Town,s information, a total of 421 parking spaces are contained within the existing structure.' Given the existing uses, 36 of the spaces remain available. Therefore, the 12 spaces requested for use by the applicant is acceptable. Should this conditional use permit be approved, a total of 24 parking spaces will remain available for future allocation. 2. Effect of the use on light and air, distribution of population, trandportation facilities, utilities, schools, parks and recreation facilities, and other publio' facilities and public facilities needs. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described 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 streets and parking areas. The applicant is proposing to store rental vehicles within the existing parking structure on-site when the vehicles are not in use. According to the existing uses approved for the Cascade Village Special Development District, 36 parking speces are available for allocation within the existing parking facilities on site. Staff believes it is important to provide the vehicle storage spaces on site and not attempt to rely upon a "managed" parking solution. Historically, "managed" parking solutions have not been effective and are very difficult to enforce; thus resulting in failure. 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. Each of the required vehicle storage spaces within the structure is paved and fully screened from the public right- of-way. Additionally, staff believes that 12 vehicles is not an excessive number and will adequately provide for the proposed use. B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1 That the proposed location of the use is in accordance with the purposes of this Tiile and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would 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 this Title. f : \everyone\pec\memos\98Uhrift y4 t I o III. STAFF RECOMMENDATION The community Development Department recommends approval of the request for a conditional use permit to allow for the operation of a Thrifty Car Rental business in the Cascade Village Hotel & Club. Staff's recommendations are based upon our review of . the criteria outlined in Seclion lll of this memorandum. Staff believes that given the availability of adequate on-site rental vehicle storage, the use would not result in serious negative impacts inconsistent with the Town's development objectives. Should the Planning & Environmental Commission choose to approve the requesl for the conditional use permit, staff would recommend that the Commission make the followino findings: 1. That the proposed location of the car rental business is in accordance with the purposes of the Zoning Regulations and the purposes of Special Development District #4 (Cascade Village). 2. That the proposed location of the car rental business and the condition under which it would 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 of the Cascade Hotel & Club. 3. That the proposed car rental business will comply with each of the applicable provisions of the Zoning Regulations. Should the Planning & Environmental commission choose to approve the request for a conditional use permit, staff would recommend that Commission place the following condition upon the approval: 1. That prior to the conditional use permit approval becoming etfective, the applicant amend Special Development District No.4, Cascade Club, pursuant to the procedures outlined in Section 12-94-10 of the Zoning Regulations. Toln,-Q4;l,rg- e?ryF,+-+ f Dr^.,- bn|orL -lbh,l;7_ 61,k,, - sfrngt-#;Vues 4,ryc_ ft"Gytl - rt 9ga4 a,rs lw<rc tt.e-1 nrc iVe.e_ bill T)o* s-t f : \everyone\pecVnemos\9SUhrifty4 PLANNING AND ENVIRONMENTAL COMMISSION Monday, November 23, 1998 FINAL AGENDA Proiect Orientation / NO LUNCH - Communitv Development Department MEMBERS ABSENT Galen Aasland Half Moon Saloon - 2'161 N. Frontage Rd. West Thrifty Car Rental - 1295 S. Frontage Rd. FIL I COPY 1:00 p.m. MEMBERS PRESENT Greg Moffet John Schofield Diane Golden Ann Bishop Brian Doyon Tom Weber Site Visits :1:00 p.m. 1. 2. Driver:Allison NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearinq - Town Council Chambers 2:00 p.m. Applicant: Half Moon Saloon Planner:Allison Ochs MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 DENIED ARCADE WALL SIGN lN EXGESS OF 20 SQ. FT. with the provision that logos be allowed on entry doors. 2. A request for a Conditional Use Permit, to allow for a "transportation business" within SDD #4, located at 1295 S. Frontage Road/Cascade Village. Applicant: Thrifty Car Rental, represented by Rudy & Associates Plan ner:George Ruther/Dominic Mauriello MOTION: Brian Doyon SECOND: Diane Golden VOTE: 6-0 APPROVED WITH 1 CONDITION: 1. That prior to the conditional use permit approval becoming effective, the applicant amend Special Development District No.4, Cascade Club, pursuant to the procedures outlined in Section 12-gA-10 of the Zoning Regulations. 1 . A request for a variance from Sections 11-4C-17 and 1 1-4C-1 8 of the Town of Vail Municipal Code, to allow for an arcade wall sign in excess of 20 square feet and window signage in excess of two per frontage, located aI2161 N. Frontage Road West / A portion of Lot 2A, Vail das Schone 3'o Filing. 3. Review and provide a final recommendation on the Lionshead Master Plan. Applicant: Town of Vail Planner: Dominic Mauriello, representing the Lionshead Master Plan Team MOTION: John Schofield SECOND: Ann Bishop VOTE: 6-0 The Planning and Environmental Commission, at its November 23, 1997 meeting, unanimously approved the Lionshead Redevelopment Master Plan subject to the following nine (9) changes: L Change language in the site development guidelines to state that landscaping shall be incorporated within existing and new construction to emphasize and create niches. 2. Gardens and planting beds shall be located within the Lionshead study area where they add to the pedestrian experience, provide for screening, and to focus views. 3. Stronger language needs to be added which directs study to the undergrounding of the l-70 corridor and use of the air rights above. 4. The plan needs to provide language about the study of the parking pay-in-lieu fee. Additionally, the plan should provide for the study of parking requirements which reflect a uses' parking need. 5. The plan language should be modified to encourage the immediate formation of a Downtown Development Authority and enabling of tax increment financing. 6. Gross Residential Floor Area (GRFA) limitations should be eliminated or substantial modification/increase of the standard should be provided. 7. Plan language shall be modified to compel development on the core site to be oriented north/south. 8. Language should be included in the plan to allow for additional height (additional story) for properties adjacent to the S. Frontage Road and in the west end of the study area by conditional use permit or other regulatory vehicle. 9. Map "W" is currently too restrictive and should be modified to show the entire study area, including the Red Sandstone Site, as potential employee housing infill areas. 4. lnformation Update 5. Approval of November 9, 1998 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notiflcation. Please call 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department 82oc$s*.ij.r 3 3 E 6 MAILEo Fnoilt ap ,. llt,l, r'll,ll,, r l,l,l,, , l,,ll,l Liftside Condominiums Vail Cascade Condominiums, lnc. 1476 Westhaven Dr. Vail, CO 81657 Attn: Don Maclachlan Millrace Condominium Association, lnc. 1476 Westhaven Dr. Vail, CO 81657 Cornerstone Condominiums L-O Westhaven, Inc. 1300 Westhaven Dr. Vail, CO 81652 ll"l,,,'ll'll,,,l,l,l,,,l,,ll,l Westhaven Cascade LLC c/o Robbie Robinson 230 Bridge St. Vail. CO 816s7 i I5I hrAtLEo FEofll ***-"4 ; q.- i. -r,'1 .' - -'li : -i t :, MAll ll',1,,,,1f ,11,,,1,1,1,,1,,,1,11 ;:TA1""",# condominiums, unit 3 P.O. Box 3149 Vail, CO 81653 ll" l' ,,,ll, ll, , , l , l, l, ,, l, , ll, l plsggOe Club Condominiums, Units 1 and 2L-O Westhaven, lnc. 1300 Wesiiiovori Dr. Vail, CO 81657 Attn:Chris Hanen ll"l""ll'll l,l,l,',1,'ll,l Vail Cascade Hotel& Club L-O Vail Hoiel, lnc. 1300 Westh"ven Dr. Vail, CO 81657 Attn: Ci..., ll Colorado Mountain Condominium Associe . 1000 S. Frontage Road West, Suite 100 Vail, CO 81657 Attn: Julie Grimm THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS 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 of the Municipal Code of the Town of Vail on October 26, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: !.A request for a Major SDD Amendment and Conditional Use Permit, to allow for a /tfJansportation business" within SDD #4, located at 1295 S. Frontage Road/Cascade Village.I Applicant: Thrifty Car Rental, represented by Rudy & AssociatesPlanner: George Ruther A rezoning and major subdivision for property previously unzoned and owned by the United States Forest Service and transferred to the Town of Vail, pursuant to the Land Ownership Adjustment Agreement to Primary/Secondary Residential District and Natural Area Preservation District (NAPD), for property located at Rockledge Road/ Lots 2, 4,7,8A, 9A, and 15, Block 7 Vail Village First Filing; Lots 3A and 38, Resubdivision of Lot 3 Block 7 Vail Village First Filing Lot 10A, Resubdivision of Lot 10 Block 7 Vail Village First Filing; Lot 138 Resubdivision of Lol 13 Block 7 Vail Village First Filing; and Govemment Lot 3, all in Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian. Applicant: Town of VailPlanner: Dominic Mauriello A rezoning and major subdivision for property previously unzoned and owned by the United States Forest Service and transferred to the Town of Vail, pursuant to the Land Ownership Adjustment Agreement to Primary/Secondary Residential District and Natural Area Preservation District (NAPD), for property located at Ptarmingan Road/ Lots 1 through 6, Block 5, Vail Village Seventh Filing, and Government Lot 3; all in Section 8, Township 5 South, Range 80 West of the Sixth Princioal Meridian. Applicant: Town of VailPlanner: Dominic Mauriello A request for a front and side setback variance, to allow for a residential addition to an existing s':gle-family residence, located at 1755 West Gore Creek Drive / Lot 6, Vail Village West #2. Applicant: Daniel and Karen Forey, represented by the Kealing PartnershipPlanner: Jeff Hunt A request for a front setback variance, to allow for the reconstruction of a garage within the front setback, located at 756 Forest Road / Lot 12, Block 1, Vail Village 6th Filing. Applicant: Emmet and Toni Stephenson, represented by Kevin Ebert Planner: Georqe Ruther A request for a site coveraoe variance from Section 12-21-14E of the Zoninq ReQulations z^'t - rront seieae^ va a,,(.s, .- clrtow '\,, ute constfuction of a new Single-family fesidence with a Type ll EHU, located at 756 Potato pslch / Lot 4, Block 2, Potato Patch. Applicant: Planner: Wolfgang Berndt, represented by Steven Riden Allison Ochs A request for a worksession to discuss a major amendment to Special Development District No. 6, VailVillage Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st. Applicant: Daymer Corporation, represented by Jay PetersonPlanner: George Ruther A request for review and comments of lhe proposed Lionshead Master Plan. 1 nr iHi:T' L:H;'"Yi$"ster Pran ream 1 * The applications and information about the proposals are available for public inspection during regular office hours in the project planne/s office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published October 9, 1998 in the Vail Trail. TOI'I/N OF VAIL o APP Qucstiofall thc Pianning Sraff al 479-]tl!; LICATION FOR PI,ANNING AND ENVIRON]ITENTAL COMMISSION APPROVAL Anrcndncnt to an Approvcd Dcvclopmcnt Plan Ernployee Housing Unit (Typc: _) Major or tl Minor CCI Extcrior Altcration . (VailVillage) ' i I Major or tr Minor CCII Extcrior Altcration (Lionshcad) Spccial Devclopmcnt District Major or E Minor Amcndmcnt to an SDD D. CENERAL INFORMATION This application is for any projcct requiring approval by the Planning and Environmcntal Commission. For spccific information, sce thc submittal rcquiremcnts for thc particular approval that is rcqucstcd. Thc application can not bc acccptcd until all requircd information is submittcd. Thc project nray also nccd to bc rcvicwcd by thc Town Courcil a.trd/or thc Dcsign Revicw Board. A. TYPE OF APPLICATION: tr Additional CRFA (250) tr Bcd and Brcakfa.st tr Conditional Usc Psrrnittr Major or 0 MinorSubdivision tr Rczoning tr Sign Variancc El Variancc tr Zoning Codc Amcndntcnt tr tr tr D 4.g_/ B. DESCRIPTION OF THE REQUEST: Upgrade life safeEy and building code requirements _on Tennis Level 4 of Unit 4, Cascade. Club Condominium Assn to acconnodate the. 1999 hrorld Alpine Ski C ionshios and future conference related events. C. I-OCATION OF PROPOSAL: LOT_BLOCK_ FILINGVail Cascade Club ADDRESS: 1295 W.sthaven pr;ve BUILDINGNAME:@s ZONING: Vail , CO 81657 SDD No. 4 l'! E.NAME OF OWNER(S):L-O Westhaven, Inc . MAILINC ADDRESS: c / o' Loq'e EnEerprises 11777 San Vicente Blvd, SuiEe 900 & 800,PHONE: (310)820-6661 Los Angeles, CA 90049 F.OWNER(S) SIGNATURE(S):---->- ristobher W.nger, Assistant Vice President G.NAMEOFREPRESENTATryE: chr.is uanen c/o viil Casca<ie horel & Club MAILING ADDRESS: I1nn wpcrh.even prive Vail, CO 8L657 PHONE: (970)479-7o33 FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT oF COMMUNITY DEVELOPMENT' 75 soUTH FRONTAGE ROAD. For Officc Use Only: Eecraio: fl [Ub.dck#: I4-\9O sr. Application Date:_ PEC Mceting Datc:_ .H. Rcvird 6196 VAIL, COLORADO E1657. August 18, 1998 Mr. George Ruther Town Planner Town of Vail 75 South Frontage Road Vail. CO 81657 Re: Vail Cascade Club SDD Amendment Application (Tennis Courts) Dear George: Attached are: 1. The letter which you requested that I provide you regarding proposed uses for the tennis oourts. 2. Our check #L02L90 in the amount of $1,Ofi).fi) to serve as fee for the SDD Major Amendment application. 3. Our application form for the SDD Major Amendment. Please let me know if there is anything else which you ned. I look forward to our P.E.C. fng next Monday, August 24. Vail Cascade Hotel and Club 'l3OO Westhaven Drive, Vail Colorado A"1657 . g7Q.476.71, , . l.rr..n"r, www.vailcascade.com Cuest Fax 970.479.7O2O . Sales Fax 970.479.7025 . Fax on Demand 3O3.643.O199 -)B/,- DESTTNATToN-/Z<- HoTELS & RESoRTS (D @tu'&*ilf??&"4 Monroe & Newell t;nginecfti, Inc- Deccnrbsrr 1, 1998 Destination Hotcls & Resorts' L.L'C. 1300 Weethaven Drive Vail. CO 81657 Attn: IvIr. chris Hanen Re: Cascade Parking Stnrcture (lt{&N #4297) C.rctrtlemen: As requosted, Morroe & Newell Engineers, Inc. has reviewqd tho structural dosign Aor"ligr pt*ir*ed by KKBNA rn tssz for the parting stmctu1e. The purpose of our ,.*.*iu* to detennine the live load capactty on the on'gadc plaza area on thc east end of the stnrcfirro Thc structursl drawings indicate a plecast concrete structural frame of caSt-in-place topping on precast doublc tem supported on precast bcams and colunrns, The drawings inaicafi thipfsza area framing is to be dcsigned for a live load of 100 pounds per squaxe foot. Using the length of the mombers in the plaza area thc 100 psf uniform load is cquivalerrt to . J.hi.t. l&d of 20,000 pounds (or H10 loading). Seveml of these vehicles could be supported by the structruc simultancously as parking space reguirernents dictate. If you havc any queetions or conmqnte' plcasc call' Very tnrly yours, \,TONROE & NEWELL ENGINEERS, INC. ra-\ ({'R', \AN\\\\{'r'.'* Paa Montdq P.E. Principal Copy: Sherry Dorwerd, Desigrr Workshop (970/4?6-8409) 70 Bcnch :lfk Road . Stritt ?f'{ i970) p49-7768 r FA-X (970) . P,O. Box 1597 . 9{9-{05{ i email' Avo rr. Colomdo 81620 mnenBrs (aQ vail, n ct TOTNL P. 02 ()i)l So llorrtlgc liorrrl \\i''it Srr r tt lOl \rril (.,,1,'r'rrrIr tt l(rirl 'li'lt'plr,,rr ()l{) +l{) [i+0ll llrr''rrrilt ():0 +l{)-li+0() \ s lr('r r \ llrr rr 1r r, r', gttt I), rtr, r' ,llr( k.r )r l l' )l(' l)lt,rtrrir :irrtlir li Siro l)itttlrr Design \l'orkshop. lnc. Lrndscape Architecture I-and Planning [. rban Dcsigl Tourism Planning December4, 1998 George Ruther, Planner Town of Vail Community Development Dept. 75 South Frontage Road Vail, Colorado 81657 Re: Cascade Hotel and Club PEC Application for Conditional Use Dear George: As it did in 1989, the Vail Cascade Hotel will house the interrrational television broadcast center for thc Vail '99 World Alpine Ski Championships in its indoor tennis lacility at thc Cascade Club. Television trucks will park on the concrete slab at the eastern end ofthe site, permitting them to load and unload through doors at the southeast and noftheast corners of the building. To gain maximum utility from the modifications made for the Championships, the hotel would like to continue using the tennis facility on an occasional basis for conferences and expositions in order to enhance its ability to attract mecting business. A few minor site modifications are proposed to facilitate delivcry truck ingress and egress during these tirnes. This letter and the aftached site plan and circulation diagrams were prepared to accompany the hotel's application to the Planning and tnvironmental Commission for a major amendment to the Cascade Village SDD #4 to permit this additional use of the property. Circulation Diaerams 'fhe area proposed for loading and unloading is a concrete slab at gradc over structured parking. Monroe and Newell, the structural engineers (see attached letter), have determined that the slab can support a live load at any given point of up to 20,000 lbs. - approximately the size of a Ryder truck or a LJPS delivery truck (an "tl I 0" truck). l-he number of these trucks on the slab at any one time is limited only by the availability of space on the concrete area. Large semi-trailer trucks will generally exceed this weight limit, although it is possible that those with a light load could access the facility across the slab. Heavier trucks would have to park temporarily in the street to the east of the site, in the lane inside the nearest median. (This lane was originally built for Town buses, but they don't use it.) The maneuvering requirements of a semi-trailer truck are illustrated in the accompanying circulation diagrams. A 55' long semi requires an outside tuming radius of 50' and an inside radius of 22'. (The turning radius of an Hl0 straight bodied truck is 45' outside and 33' inside.) DESIGNWORKSHOP o 1,, Sincerely, It at' Philippe T Landscape We are recommencling that the concrete slab be accessed over the grass at the soulheast comer of the slab (Aliernatives Al and A2). 1'his point of access takes advantage of the enlarged turnaround area on Westhaven Drive for truck maneuvering, and it causes the least visual impact from the intersection and the frontage road because it allows maximunt landscape screcning of views. we studied the possibility of a second access point (Alternatives B1 and 82) for easier maneuvering inio and out ofth" site, but tlre additional construction cost and loss ol screening outweigh the benefits. The difference between options I and 2 in each case (A and B) is whether trucks pull in forward or back in. This will be deterrnined primarily by which door thcy choose to use for deliveries (the northeast or southeast corner ofthe building)' As standard procedure, the hotel will commit to have a flagman on site to direct or stop the traffic when trucks turn in and out. Site Plan The subgrade at the recommended point of access will be reinforced with grassrings to permit use in all seasons. Because the grassrings are placed under the grass, the reinforcement will not be visible. Four new spruce (6' to l0' high) as well as three transplanted spruce and one transplanted crabapple will reinforce the landscape screen from the road. Sod will remain thc groundcover and will be restored wherever darnaged by construction activity. Neither the Town of Vail, the engineer ftrr the hotel, nor the Clen Lyon subdivision manager is aware of any utility lines in tlrc planting area. A field survey of possible utilities will be performed before any transplanting or cxcavating and, ilnecessary, the planting plan will be adapted accordingly. No changes are anticipated in the configuration ofthe street or the intersection or in the location of existing utilities or curbs. If you have any further questions or comments, please call me or Sherry Dorwarc. Thank you very much for your assistance. roukens Architect cc. Chris Hanen, General Manager, Vail Cascade Hotel Enc.: Site Plan Four Circulation Diagrams Letter from Monroe and Newell, Structural Dngineers Printed by George Ruthe 8/t'7/98 12 : 11pm From! Mike McgeeTo: George Ruther Subj ect : CAS CADE TENNIS COURTS AMENDMENT TO CONFERENCE SDD A]-]-OW FOR LARGE -::NOTE::: ::A/t1 /94 12: O4pm:: Dick Duran, Gary Goode]-l, Jeff Atencio, John Guaick, Lorelei Donaldson, Pam Brandmeyer, Ru s s e.l1 Forrest THE FTRE DEPT AND BLDG DEPT HAVE MET ON SITE WITH HOTEL MGMT AND WE HAVE OPTIONS ON EACH OF THE E.IVE OR SO ISSUES NEEDING TO BE RESOLVED. EROM A TECHNICAL / CONSTRUCTION STANDPOINT. THERE IS NO REASON THE HOTEL CANNOT PROCEED. THERE ARE OPTTONS ON EACH ELEMENT, BUT ALL OPTIONS CAN BE APPROVED. CHRIS HANNEN HAS INDICATED THEY ARE GOING TO PEC ON MONDAY AT 2 PM FOR A PRELTMTNARY. ONCE THE HOTEL COMMITS TO )T\K NG THE CHANGES TO THE F'TRE SPRTNKLER SYSTEM, THE STDEWALK, THE EM LIGHTTNG, THE CHANGES/REPATRS TO THE EXISTING DOORS, AND THE REMAINING ISSUES (IF ANY) . :THE OCCUPANT I.OAD CAN BE INCREASED FROM THE EXISTING MAXIMUM OF 49 PERSONS UP TO THE 1600 _ 2OOO RANGE. MY PE]RSONAL RECOMMENDAT I ON IS THAT PEC APPROVE THE AMENDMENT FOR SPECIAL FUNCTIONS, UNDERSTANDING THE HOTEL WILL APPLY F'OR THE APPROPRIATE PERMITS AND COMPLETE THE WORK PR1OR TO THE ARRIVAL OF THE WORLD CHAMPIONSHTP PRESS CORPS. Page: 1 TOWN COUNCIL AGENDA REQUEST (Request form must be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdays.) MEETING DATE:Januarv 19. 1999 @st for each agenda item. lf the agenda item will be discussed at both a Work Session and an Evening Meeting, be certain to check both boxes in this section and indicate time needed during each meeting.) Work Session TIME NEEDED : Evening Meeting TIME NEEDED : Site Visit TIME NEEDED : WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON-TOV STAFF?X NO. YES. Specifics: WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EQUIPMENT, i.e. overhead projector, etc.?X NO. YES. Specifics: WILL THERE BE MATEBIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM? NO. _X_ YES. lf yes, is the material also for public distribution? _X_ Yes. No. ITEM/TOPIC: First reading ol Ordinance #1 , Series of 1999, an ordinance amending Ordinance #23, Series of 1998, to add "Transportation Business" as a conditional use subject to the issuance of a conditional use permit in accordance with the provisions of the Zoning Regulations, and to permit the use of the tennis facility as an accessory conference and convenlion center to the hotel, in Development Area A, Cascade Village, Special Development District #4; and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance #'1, Series of 1999, on first reading. BACKGROUND RATIONALE: On November 23, 1998 and December 28, 1998, the applicants, Thrifty Car Rental and the Vail Cascade Hotel & Club, respectively, each appeared before the Planning & Environmental Commission with requests to amend Special Development District #4, Cascade Village. Thrifty Car Rental is proposing to amend the District to allow a "Transportation Business" as a conditional use and the Vail Cascade Hotel & Club is proposing to amend the District to allow for the use ol the exisling tennis lacilily as an accessory conference and convention center to the hotel. Each of the amendments is to Develooment Area A. A copy of the Planning & Environmental Commission memoranda and the final meeting minutes are attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance #1 , Series of 1999, on first reading Tergoc*a1 fr^uli\ W;qih'o.J.Employee Signature/Department Tralle r-r[ A*a1 i O*. f :\everyone\counci lVequ ests\a master. req 3;4,t- e G^|vli,';ce, t t. 1-D ORDINANCE NO. 1 SERIES OF 1999 AN ORDINANCE AMENDING ORDINANCE NO.23, SERIES OF 1998, TO ADD ..TRANSPORTATION BUSINESS'' AND "TEMPORARY USE OF THE TENNIS FACILITY FOR CONFERENCES AND CONVENTIONS'' AS A CONDITIONAL USE. SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF THE ZONING REGULATIONS, IN DEVELOPMENT AREA A, CASCADE VILLAGE, SPECIAL DEVELOPMENT DISTRICT NO.4:AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Cascade Hotel & Club and Westrac, Inc. dba Thrifty Car Rental, have requested amendments to the existing Special Development District No. 4, Development Area A, Cascade Village; and WHEREAS, the Planning & Environmental Commission has held public hearings on the proposed amendments in accordance with the provisions of the Municipal Code of the Town of Vail; and WHEREAS, the Planning & Environmental Commission finds that the proposed amendments comply with the review criteria outlined in the Zoning Regulations for amendments to Special Development Districts; and WHEREAS, the Planning & Environmental Commission has voted unanimously to recommended approval of the proposed amendments to the Vail Town Council; and WHEREAS, the Vail Town Council considers thal it is reasonable, appropriate, and benelicial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 23, Series of 1998 to provide for amendments to Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section '1. Ordinance No. 23, Series of 1998, is hereby amended as follows: Section 4. Conditional Uses A. Area A, Cascade Village Add as new #7, Transportation Business. Add as new #8, Temporary Use of the Tennis Facility for Conferences and Conventions J" &r Section 2. All other Sections of Ordinance #23, Series of 1998 shallremain unchanged. Section 3. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal 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 herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 19'h day ol January, 1999, and a public hearing for second reading of this Ordinance set for the 2nd day of February, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson. Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED of February, 1999. PUBLISHED this_day Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk & F] Uj z F ? &o a z F F.lp O& r9 I IJJ i3e ^zo\. tE" ),', J/ \\FllY} // It1\ ta, tt 'a tt \ \\ I I I tu <u-=FEu)d ]U3_-__ Fq ;) -.1U f ?'l n Ua U . \-\-- -.-+ ,/\-\-.--r >/-\-- -.-/ ./ o 12-2-2 mum number of teet in elevation gained or lost over each ten feet (10') or f raction thereof measured horizontally in any direc- tion between opposing lot lines; the rela- tionshio of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope." In determina- tion of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determi- nation established by the defined method for each one hundred (100) square feet grid portion of the tract, lot or portion thereof . SOURCE LUMENS: Total initial lamp lu- mens ol the light source. STORAGE AREA: A storage area is an area within a dwelling unit which is de- signed and used specilically for the purpose of storage and is not required by the lalest edition of the Uniform Building Code to provide either light, ventilation, or to comply with any Gode requirement for its function or existence. STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities ol public utilities, or mailboxes or light fix- tures. At the discretion of the Design Re- view Board, swimming pools and tennis courts may be exempted from this defini- tion. STUDIO: A building or portion of a building used as a place of work by an artist, pho- tographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment em- 12-2-2 ployed which is objectionable or injurious to persons or property in the vicinity by reason of odor, tumes, dusl, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumina- tion, glare, unsightliness, or hazard of fire or exolosion. TIME-SHARE ESTATE: A time-share estate shall be defined in accordance with Colora- do Revised Statutes section 38-33-110. TIME-SHARE LICENSE: A contractual right lo exclusive occupancy of specified premis- es; provided, that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The pre- mises may consist ol one parcel, unit or dwelling or any of several parcels, units or dwellings identified al the time the license is created to be identified later. No time share is a time-share license if it meets the definition of interval estate, time-share or lime-soan estate. TRANSPORTATION BUSINESS: A bUSi- ness which provides transportation for per- sons in the lorm of a shuttle service (e.9., van transportation) or by providing automo- biles for customers (e.9., car rental). Transportation businesses do not include businesses providing vehicles tor the trans- portation of goods or products including, but not limited to, panel trucks, moving vans and trucks, and other similar vehicles. USE: The purpose for which a site or struc- ture or portion thereof is arranged, de- signed, intended, erected, moved, altered, or enlarged, or for which either a site or structure or portion thereof is or may be occupied or maintained. USEABLE OPEN SPACE: Outdoor space useable for outdoor living or recreational activities, including patios, terraces, gar- Town of Vail ORDINANCE NO.23 SERIES OF 1998 AN ORDINANCEAMENDING ORDINANCE NO.8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39.1 AND 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA c, SDD No. 4 (CASCADE VILLAGE): REPEALING RESOLUTION NO. 10, SERIES OF 1982, WHICH PROVIDES SPECIAL PROVISIONS FORLors 39-1 AND 39-2, GLEN LYON sUBDtVtstoN; DELETTNG OUTDATED coNDtloNS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FoRTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing special Development District No. 4, Development Area c. Lots 39-1 and 39-2, clen Lyon Subdivision; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the proposed building height, GRFA, and Employee Housing Unit restrictions for Lots 39-1 and 39-2; and WHEREAS, lhe Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visilors to amend ordinance No. g, series of 1995 and repeal Resolution No. 10, series of 19g2 to provide for such changes rn Special Development District No. 4, Cascade Villaoe. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: Ordinance No. 8, Series of 199S, is hereby amended as follows: Section l. Resolution No. 10, Series of 1982, is hereby repealed. Section 2. Amendment Procedures Fulfilled, planning Commission Report, The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4, Ordinence 23, Series of 1998 Section 3. Special Development Oistrict No. 4 special Development District No.4 and the development plans therefore, are hereby remarn approved for the development of Special Development District No. 4 within the Town of Vail, unless they have expired. section 4. Special Development oistrict No. 4, cascade viltage shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities. and oromote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town council and the planning commission, and because there are significant aspects of lhe Special Development District which cannot be satisfied through the imposition of standard zoning districls on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "special attraction" shall be defined as a museum, semrnar or researcn cenrer or performing arts theater or cultural center. B. 'Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupanls thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional O.dinance 23. Series of 't998 fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of | .0 space per unit. Established A. special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. special Development District No. 4 and the 97.955 acres may be referred to as "sDD No. 4.@ B. The district shall consist of four separale development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Area Acnqp A 17.955B 4.000c 9.100D 1.800 40.400 4.700 97.955 D ev e Io pm ent P I a n- Req u i re d-Ap p rova I p ro ced u re Each development area wiih the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the cascade club site as approved by the Town council. The waterford and cornerstone sites shall be allowed one development plan each. Developmenl Area D shall be allowed to develop per the approved phasing plans as approved by the Town council. The developer shall have the right lo proceed with the development plans or scenarios as defined in the development statistics . section of this ordinance. Amendments to sDD No. 4 shall comply section 12-gA of the MuniciDal Code. Ordinance 23. Sories ot 1998 Permltled Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in section 12-78-3, (commercial core 1), of the Municipal code. The "first floo/' or "street level" shall oe defined as that floor of the building that is located at grade or street level; 2. All otherfloor levels besides first floor slreet level may include retaii, theater, restaurant, and office except that no professional or business office shall be located on street l6vel or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of g2s square feet located on the first floor on the northwest corner of the plaza conference Center building; 3. Lodge; 4. Multi-famity dweiling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code: 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-familydwelling; 2. Multi-family dwelling, C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-familydwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the Municipar Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municioal Code. O.dinance 23, Sori.! of 1998 Condltional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village '1 . Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vair Municipar code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven . multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling unils or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3- Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or marr area. B. Area B, Coldstream Condominiums 1 . Public park and recreational facilities; 2. Ski tifts. C. Area C, Glen Lyon primary/Secondary and Single_Family Lots 1. Public park and recreational facilities: 2. Ski tifls; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12_2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of riile 12, Zoning Regulations, Town of Vail Municipal Code. Odinanca 23, Seder of 1998 o 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts' patios, or other recreational facilities customarily incidental to permi eo residential uses. 4. other uses customarily incidental and accessory to permitted or conditionar uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1 . Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Tifle 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carporls, private greenhouses, swimming pools, tennis courts, palios, or other recreational facililies customarily incidental to permitted residential uses. other uses customarily incidental and accessory lo permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1 . Home occupations, subject to issuance of a home occupation permit In accordance with the provisions of rifle 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached gafttges or carports, private greenhouses, swimming pools, tennis courts' patios, or other recreational facilities customarily incidental to permilted residential uses. 3. other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation oermit in accordance with the provisions of ri e 12, Zoning Regulations, Town of Vail ' Municipal Code. 2. Attached gamges or carports, private greenhouses, swimming pools, tennls courts, patios, or other recreational facilities customarily incidental to permited residential uses. Ordinanco 23, Serbs of 1998 3. other uses customarily incidentar and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Buslness Aclivlty A. All offices, businesses, and shall be operated and conducled entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located direc{y in front of the establishment displaying the goods and entirely upon the establishment's own propeny. sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. De n sity*Dwel I i ng U nl ts The number of dwelling units shall not exceed the following: A. Area A, Cascade Vitlage In Area A, a minimum of three hundred fifty-lwo (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon PrimaryiSecondary and Single-Family Lots One.hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density--F oor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 2g9,i4s square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. fl.) GRFA. Ordinance 23, Series ol 1998 C. Area C, Glen Lyon primary/Secondary and Single_Family Lots GRFA shall be calculated for each lot per Section 12-6D€ (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development pran for this area has expired. See ordinance No. g, series of 1998 for previous requirements. Commerclal Square Footage A. Area A, Cascade Village Area A shall not exceed 35,699 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. see ordinance No. g, series of 1998 for previous requirements. Development Statfsfics for Area A, Cascade Vlllage, and Area D, Gten Lyon Commarcial Site CHART 1: Area A Completed proi€cts Ordinence 23. S€ri$ ot 1998 otfic! pa*lng tlqulrln.nb. "'For the purpolrs of cal@lstlng GRFA for tht Cosgrlfi percol (Mllhecc tV), no credits shalt bs given sxcapt tor 3OO s.f. to b. ellowrd for rach cndosrd parklng spaca. Ordlnsnca 23, Saibs of 1998 CHART2: AREA A REQUIRED PARKING Development Pians site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon office Building, a colorado partnership. The following documents comprise the development plan for the SDD as a whole, Waterford. cornerstone, cascade club Addition scenario i and 2, Millrace lV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waferford, Sheet #L-2, daled 11-12-92, Landscape plan, Dennis Anderson. 2. Waterford, Sheet#1.1, dated 11-13-92, Site/Grading plan Gwathmey, pralt, Schultz. 3. Waterford, Sheet #2.1 , dated .l 1-13-92, plan Level 38/43' 3", Gwathmey, pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, plan Level 4g,_6'753,.-0,', Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 ptan Level 59,-0:/64,_3', by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, plan Level 69,-6',t4'_9", Gwathmey, Pratt; Schultz. 7 . Waterford, Sheet #2.5, dated 1 1-13-92, plan Level 8O'-0,y8S'-3' Gwathmev. Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 1 1-1 3-92, plan Level 90,_6,, Gwathmey, pratt, SchulE. 9. Waterford, Sheet#2.7, dated 11-13-92, plan Level 101'-0" Gwathmey, pratt, Schultz. Parking for Completed Projects per Chart 1 in Cascade Parking Structure Parking Spaces 449.9 Less 17.5% Mixed-Use Credit -78.7 Total Required Parking at Build-Out of Area A in Cascade Structure 371.2 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With '17.5% mixed-use credit 371.2 Ordinance 23. Series of 1998 10 10. Waterford, Sheet#2.8, dated 11-13-92, plan Level 111,-6', Gwathmey, pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, plan Level .122'_0,' Gwathmey, pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-i4-92, Roof plan All Levels cwathmey, pratr, Schultz. 13. waterford, sheet#3.1, dated 11-13-92, Elevations Gwathmey, pratt, schultz. 14. Waterford, Sheet #3.2, dated 1 1-13-92, Elevatrons, Gwathmey, pratt, Schultz. 15. Waterford, Sheet #4.1 , dated 1 1 -4-92, Sections Gwathmey, pratt, Schultz. 16. Waterford, Sheet #4.2, dated 1 1-4-92, Sections, Gwathmey, prafl, Schultz 17. Waterford, Sheet#4.3, dated l1-4-92, Sections, Gwathmey, pratt, Schultz. 18. Waterford, Sheet #9.'1 , dated 1 0-20-92, Unit plans Gwathmey, pratt, Schultz. 19. Waterford, Sheet#9.2, dated 10-20-92, Unit plans, Gwathmey, pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit ptans cwathmey, pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit plans, Gwathmey, pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10.20-92, Unit plans Gwathmey, pratt, Schultz. 23. Cascade ClubAddition Site plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Mlllrace lll, Sheet #1, dated 5/6/93, Site plan, Steven James Riden. 26. Millrace lll, Sheet #2, dated 4/13/93, Ftoor plans for Single Family Residence, Steven James Riden. 27. Millrace lll, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28- Millrace lll, sheets #4 and #5, dated 3l2otg3, Floor plans for Duplex Building, Steven James Riden 29- Millrace lll, sheets tt9 and#2, dated 5/6/93, Erevations for Duprex Buirding, Steven James Riden. 30. Millrace lll, sheet L1, dated s/6/93, site/Landscape plan, steven James Riden. 31. Millrace lV, scenario r, a/k/a cosgriff parcer, site pran, Arnord Gwathmey pratt, 10t28t91 . 32- Millrace lV, scenario I, a/ua cosgriff parcel, Elevations Arnold Gwathmey pratt, 10t22t91. 33. Millrace lV, Scenario l, a/lc/a cosgriff parcel, Floor plans Arnold Gwathmey pratt, 10t23t91. 34. Millrace lV, scenario l, a/k/a cosgriff parcel, Landscape plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, tnc., 10131/gl stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 618t87. 37 - Site Coverage Analysis, Eagle Valley Engineering, 10/10/gg. Ordinance 23, Series ot '1998 38. Cascade Village Special Development District Amendment and Environmentat lmpact Report: Peter Jamar Associates, Inc., revised 1jl22lgg. 'A maximum of 1000 sq. ft. of common area, in addition to the approved prans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Famity Lots 1. Building Envelopes for Lots 39-.1 and 39-2 per sheet, L_,|, prepared by Design Workshop, Inc., dated .1 1_9-98, Area D, Gl€n Lyon Commercial Site The development plan for this area has expired. see ordinance No. g. Series of 199g for previous requiremenls. Development Standards The development standards set out herein are approved by the Town council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of lhe development of sDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Sefbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each developmen.t plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the selback requirement adjacent to the existing cascade parking structure/athletic club building shall be two feet as approved on February g, 1992, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot srream setback from Gore creek. The waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12_6D_7 of the Primary/Secondary zone district of the Town of Vair Municipal code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: . All future development will be restricted to the area within the building envelopes. The onry deveropment permitted outside the buirding enveropes shal be landscaping, driveways (access bridge) and retainrng wals associated with driveway construction. Algrade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than Ordlnance 23, Se es ot 1998 12 tsn feet (10') nor more than one-half (2) the dislance between the building envetope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved developmenl plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured verlically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Tenace \Mng, Plaza Conference Building and Cascade parking Structure/Athletic Club is 71 feet. 2. Comerstone Building: Maximum height of 7.,| feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feer. 5. Millrace lll: A maximum of 36 feet. 6. Millrace lV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 4g feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height sha be 33 feet for a sroping roof and 30 feet for a frat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49o/o of the roof area shall.have a height under 32 feet. on the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. on the interior area of any building, height is measured from exisling grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Ordinance 23. Seri€s of 1C98 IJ Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided. if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area c: No more rhan 2s% of the totar site area shal be covered by buildings, unless the more restrictive standards of Chapter 1 2-21 of the Vail Municipal Code apply. Area D: No more than 37olo of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages ofthe total development area shall be landscaped as provided in the development plan. This shall include relention of natural landscape. if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otheruvise indicated on the site soecific development plans. Parking and Loading A. Area A, Cascade Village 1 . Otf-street parking shall be provided in accordance with Chapter 1 2_10. except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace rv, scenario l, where 66.6% of required parking shall be enclosed in a building. _ 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Va parking code, has been applied to the total number of required parking spaces in the cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 7 5o/o of the required space located below grade. No mixed use credit shall be applied to this site. 4 There shall be a minimum of g3 encrosed parking spaces rocated within the cornerstone building with 37 of the required spaces available to the public for short{erm parking. No mixed use credit has been applied to this lot. 5. The third froor of the cascade parking structure shafl not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the cascade club wellness center Addition Scenario 1 shalr be provided in the cascade parking structure. Ordinance 23, Serles of 1998 14 7. Seventy-five percent ofthe required parking shall be located within the main building or buildings and hidden from public view from adjoining properties wilhin a landscaped berm for Westhaven Condominiums, and Millrace lll. 8. All loading and derivery shal be rocated within buirdings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties wilhin a landscaoed berm. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Ofi-street parking shall be provided in accordance with Chapter 12_1O of the Municipal Code. D. Area D, Glen Lyon Commercial Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA parking Report, parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right_of_way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck lraffic to the Glen Lyon commercial site. The only truck loading that shafi be aflowed to the site sha be vans having a maximum length of 22 feet. Recreation Amenffes lax Assessed The recreational amenities tax due for the development within sDD No. 4 under chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cenls per square foot of GRFA in Development Area B; and ar a rate not ro exceed fifteen cents per square foot of GRFA in Development Area c; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conseryation and Polluton Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. c. The number of firepraces permitted shail be as set forth in the Town of Vail Municipal as amended. D' lf fireplaces are provided within the deveropment, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. Ordrnance 23, Se'les ot 1998 ,14 E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental lmpact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhore on the brewery service rine shal be provided so that the Upper Eagle Valley consoridated sanitation District may monitor BoD strength.. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. rt shall be the brewery owner's responsibility to monitor inversions. l. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for special Deveropment Disfict No.4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transporl them from the development to the Village core area and Lionshead area as ou ined in the approved development plan. B. Area A, Cascade Village 1. The developer shafl construct a sidewark that begins at the entrance to the cascade club along westhaven Drive and extends to the west in front of the westhaven building to connect with the recreational path to Donovan park. The walk shall be constructed when a building permit is requested for westhaven condominiums. The sidewark shail be part of the buirding permit prans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for westhaven Condominiums. 2. The developer shafl provide 1O0-year floodprain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail community Development Department before building permits are released for . either project. 3. Cornerstone The development plan for this area has expired. see ordinance No. g, series of 1998 for previous requirements. 4. The Ruins i Westhaven Condominiums The development pran for this area has expired. see ordinance No. g. series of 1998 for previous requirements. Ordinance 23. Series of 1998 to C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. g. Series of 1998 for previous requirements. Employee Housing The development of sDD No. 4 wi have impacts on available employee housing within the upper Eagre Valrey area. In order to herp meet this additionar emproyee housing need, the develope(s) of Areas A and D shail provide emproyee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A westhaven condominium building (Ruins), 3 within the cornerstone Building and 2 within the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven condominium Buirding (Ruins) shail be deed restricted as a Type ilr EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the waterford Building. one shall be a minimum of 300 square feet and the other a minimum of g00 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one emproyee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of emproyee units shall not be counted toward allowable density or GRFA for sDD No. 4. All Employee Housing units shal be deed restricted per chapter 12.13, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective proyecr. In Area c, Lots 39-1 and 39-2, shail be reguired to provide a Type il, Emproyee Housing unit (EHU) perchapter 12-13 ofthe Zoning Regurations ofat reast 500 sq. ft. each, on each lot. These lots shall not be enti ed to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. fl. garage area credit ailowed per residence. The driveway width of .12 ft is allowed to remain (no increase in driveway width is required) for afl alowed/requrreo dwelling units and employee housing on these lots. Time Requiremenb sDD No. 4 shall be govemed by the procedures ouilined in section 12-9A of the Town of Vail Municipal Code. Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town council hereby declares it wourd have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that Ordinance 23. Series of 1998 any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal code as provided in this ordinance shall not affect any right which has accrued, any duty imposeo, any violation thal occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue ofthe provision repealed qr repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to lhe extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or parl thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED oNcE lN FULL oN FIRST READTNG this lsth day of December, 1998, and a public hearing for second reading of this ordinance set for the Sth day of January, 199g, in the Council Chambers of the Vail Municipal Building, Vail, Color READ AND APPROVED ON SEcoND READING AND oRDERED PUBLISHED IN FULL thisSth day of January, 1999. Odinance 23, Serlca of 1998 18 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department December2S, 1998 ?ehmmatr> rLTVzout 4ow Attrt B.6-D il. A request for a major amendment to Special Development District #4, Cascade Village, to allow for the accessory use of the tennis facility for special events and conference facilities, located at 1300 Westhaven Drive, Vail Cascade Hotel & Club/Cascade Village Area A. Applicant: Vail Cascade Hotel & Club, represented by Chris HanenPlanner: George Rulher DESCRIPTION OF THE REQUEST The applicant, Vail Cascade Hotel & Club, represented by Chris Hanen, is requesting a major amendment to Special Development Districl #4 (Cascade Village) pursuant to Title 12, Chapter 9A of the Town of Vail Zoning Regulations. The major amendment is intended to allow lhe Vail Cascade Hotel & Club to begin utilizing the existing tennis court facilities for special events and conference facilities. lf approved, a conference and special events facility would become an accessory use in SDD #4. The Vail Cascade Hotel & Club is currently under contract with the Vail Valley Foundation to provide lhe use of the tennis facilities as the major press facility for the 1999 Wodd Alpine Ski Championships. In order to utilize the space for the championships, several costly building improvements are required to bring the building into compliance with the Uniform Building Code and the Uniform Fire Code. To better justifythe costs of the improvements, the Vail Cascade Hotel & Club wishes to use the tennis facility for other special events and conference-types of uses into the future after the World Championships. The applicant anticipates using the tennis facility as conference space and for special events 6-8 times per year. ln order to do so, a major amendment to SDD ll4 must be approved by the Town of Vail. A copy of letters dated August 17, 1998 and December 4, 1998, from Chris Hanen to George Ruther, have been attached for reference. The letlers more completely explain the applicant's currenl and future intenlions. Chapter 9 of the Town of Vail Zoning Regulations provides for the amendment of Special Development Districts in ihe Town of Vail. The Zoning Regulations provide nine design criteria, which shall be used as the principle crileria in evaluating the merits of amending an established Special Development District. Of ihe nine design criteria, staff has Uses. activitv and densitv. which provide a compatible. efficient and workable relationship with surroundinq uses and activitv. 1. identified two, which are direcily applicable to the proposed major amendment to special Development District #4. Staff will not be addressing each of the design criteria in detail. staff's review of lhe criteria is only of those criteria, which are direcily related to the amendment proposal. The tennis court facility is located in Area A of the Cascade Village development area. Other uses cunently located within Area A include a 289 room hotel, residential condominiums available for short{erm rent, a major health club facility, 20 - 25,000 square feet of conference space, restaurants, a movie theatre and Colorado Mountain College. A mixed use hotel and fractional fee club is currentlv under consideration by the Town on the "ruins" development site. Staff believes the proposed major amendment to allow for the special event and conference use of the tennis facility will not result in any negative impacts on existing and potential uses in the area. 2. Compliance with the parkinq and loadino requirements. as ouflined in the Zoninq Requlations of the Town of Vail Municipal Code. The applicant is proposing to convert the use of the existing tennis facility to special events and conference-lypes of uses from time to time on an as needed basis. Wilh the exception of building improvements required to ensure the public health and safety, no other building alterations are anticipated The Zoning Regulations prescribe that the conference use of a space shall require'l parking space for each 8 seats, based on seating capacity, or maximum building occupancy, whichever is most restrictive. Parking for the Vail Cascade Hotel & Club and tennis facility is provided in the parking structure located within Area A. The applicant believes that there will only be a minimal increase in parking demand resulting from the proposed special event and conference use of the tennis facility. lt is anticipated that the use of the tennis facility for special events and conferences will be accessory to the hotel and club, and that attendees of the special evenlsandconferenceswill beguestsofthehotel. Therefore,asguests of the hotel, parking accommodations will have already been provided. The Zoning Regulations further prescribe that a minimum of one loading/delivery berth shall be provided. lt is anticipated that the large, concrete paved area located at the east end of the tennis facility will provide amble loading/delivery space. On August 24, 1998, the applicant appeared before the Town of Vail planning and Environmental Commission for a worksession to discuss the proposed major amendments. During the worksession, the Planning and Environmental Commission expressed concem over the loading and delivery circulation of the proposed plan. In response to the Commission's concern, the applicant has submitted altemative loading and delivery configurations for the use of the tennis ilt. facility as a special events and conference facility. At this time; the Town of Vail is reviewing the four alternatives and will determine the best altemative. Staff would recommend that the applicant continue to work with the Town of Vail in establishing a loading and delivery circulation plan for the tennis facility. Once a final circulation plan has been delermined and is agreed upon by the Town of Vail and the applicant, all necessary improvemenls associated with the circulation plan shall be implemented by the applicant. A copy of the four proposed circulation plans has been attached for reference. 3. Public benefits to the communitv When considering the establishment of, or an amendment to, a Special Development District, the applicant shall demonstrate that there are public benefits to the community of the proposal which outweigh any potential negative impacts when requesling deviations from the Town's development standards. The staff has identified the following public benefits of this proposal: 1. Increased tax revenue resulling from an increase in hotel occupancy 2. Increased opportunities to attract larger group conferences 3. Increased competition for Vail in the competitive national conference market 4. Increased exposure of Vail in the destination resort market resulting in repeat visits 5. Increased guest visits during the shoulder seasons STAFF RECOMMENDATION The community Development Department is recommending approval of the applicant's request for a major amendment to special Development District #4, cascade Village, to allow for the accessory use of the tennis facility for special events and conference facilities, located at Vail cascade Hotel and club. The staff's recommendation is based upon the review of the criteria outlined in Section ll of this memorandum. should the Planning and Environmental commission chose to recommend approval of the applicant's request, staff would recommend that the approval carry with it the following condition: 1. That the applicant meet with the Town staff, prior to implementing and utilizing the lennis facility for special events and/or conference facilities, to determine a mutually agreed upon circulation plan for loading and delivery. The circulation plan shall be implemented prior to the use of the space. should the Planning and Environmental commission chose to recommend approval of the applicant's major amendment request, staff would recommend that the commission make the following finding: "That the applicant's request for a major amendment to Special Development District #4, to allow for the accessory use of the lennis facility for special events and conference facility, will not result in uses, activities or densities that are incompatible, nor inefficient or unworkable with surrounding uses and activities in the vicinity of the Vail Cascade Hotel and Club. Additionally, the proposed amendments comply with the purpose and intent of the parking and loading requiremenls, as oullined in the Zoning Regulations of the Town of Vail Municipal Code. Lastly, the applicant has demonstrated that there are public benefits to the community resulting from the implementation of the proposed major amendmenl, which outweigh any potential negaiive impact to the community. The public benefits realized by the community are outlined in Section ll of the staff memorandum." August 17, 1998 .Mr. George Ruther Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Vail Cascade Tennis Facility-1999 World Alpine Ski Championships and Beyond Dear George: This lener responds to your request for an informational oudine of how the Vail Cascade Tennis Facility might be used for the 1999 World Alpine Ski Championships and potentially, other fu nctions thereafter. In an effort to simplify this understanding of our needs, I will define potential uses into thee categories. They are: In-House Functions These would be defined as group functions which would be housed within the Vail Cascade Hotel complex and would require no additional parking requirements than are tlpically required currently when we experience full occupancy, as we now do on a regular basis. The profile of such groups would likely be one large group occupying all, or the majority of, the hotel. They would most likely utilize our exisring conference space for meetings and food functions and the tennis courts for tradeshows urilizing 8'x8' and 10'x10' exhibis. Exhibit space requirements could range in number from 40-120 booths. The potential also exiss that the tennis couns would be used for general session meetings for 300-600 people (theatre style or classroom style meetings), or a combination of a general session and exhibits, which would allow exhibitors greater exposure to delegares, which is always a priority. It is possible that food could be served from warmer boxes (breakfast, lunch, dinners or coffee breaks), but not prepared, in the tennis facility. Torvn-Wide Functions This use would be very similar to the "in-house" use described above, with the exception that additional housing to that of the Vail Cascade Hotel would be required, resulting in additional occupancy requirements in the tennis courts and additional parking requirements. It is anticipated that this scenario might increase tennis court occupancy requirements for meetings up to the 500-800 range. Such a scenario might also no! require meeting space, but rather 13OO Westhaven Drive, Vail Colorado A1657 . 970.476.7"11 1 . lnternet: www.vailcascade.com Cuest Fax 970.479.7O2O . Sales Fax 970.479.7025 . Fax on Demand 3O3.643-0199 @ 'l | ' @'**'/_\F.f. DEsrNArtoN sg>grv,?,,--f HOTELS & RESORTS c&,t might allow each lodging property to house guests, utilize each property's conference space for meetings and food functions and utilize the tennis facility for exhibits only. Parking challenges could be managed at the time of booking the group by requirin_e that shuttle service be provided between propenies, rafter than allowing additional private vehicles to park in the Vail Cascade's parking facility. A similar situation which has successfully been managed each April for the pasr few years is that of the Fufure Business Leaders of America (FBLA) group. In this instance, 2000+ young adults dine in the Vail Cascade conference center space within a trvo and one-half hour period. These individuals are transported via shuttle from a variety of Lionshead based lodging properties to Vail Cascade Horel in a very organized and well-managed fashion, rvithout incident. Special Events These types of functions Inay or may not require lodging and would include community events such as the 1999 World Alpine Slii Championships, or could include other evenr such as musical concerts or other one time day or evening even6 accornmodating up ro 1000-1500 people. Outside events not utilizing lodging would likely present parking challenges which would need to be managed. Quite frankly, other than the World Alpine Ski Championships, rhese types of evens would be of very low priority and would not likely be the type of evenr which would be solicited. 1999 World Alpine Ski Champioruhips The Vail Cascade Hotel and Club will serve as the Oftrcial Press Cenrer Hotel and the Vail Cascade tennis couns are intended to serve as the International Broadcast Center during the championships, rvith set up beginn!ng on January 3 and breakdown/depamrre from the facility on February 22, 1999. The acruat dates of the championship events will be from January 3 L to February 14, L999. This International Broadcast Center will require approximately 25,000 square feet of space to accommodate individual off,tces, studios, portable restrooms, limited food service and telephone service(s). Occupancy at any given time is not expected to exceed 200400 persons. This same facility served the identical function during the 1989 World Alpine Ski Championships and our undersmnding from those involved is that there were no access or egress issues or problematic incidents related to access or egress. Summar-v Given the premise that we will invest substantial capiml in the tennis facility to meet currenr town codes in an effort to accommodate the World Alpine Ski Championships, Vail Cascade is interested in using this facility upon occasion in future years following the Championships for the aforementioned uses described in this letter. Although the Championships are an exciting event to host and will provide increased recognition for the Vail Valley in future years, the shon-term benefits from an economic standpoinr are minimal for our panicular business. In fact, rve estimale that displaced revenue rvill amount to $1,700,000 due to lost room (complimentary rooms, discounted rooms and inefficient arril'al/deparrure panerns), food, beverage and conference center rental revenue. As an example, conference space will be required prior to and following the Championships for set up and breakdown. During this time, Vail Cascade is unable to utilize this space as a tool to sell hotel rooms, food and beverage to other groups. Since 70% ofour annual occupancy is generated by group business, this is important to us. Ho\\'ever, \'ail Cascade, in an effon to be a responsible participant rvithin the community, is willing to support this event. Of those uses previously described, our primary focus would be to accommodate the "in-house functions" which would have minimal or no impact upon parking requirements. Both "town wide events" and "special events" would represent a much lesser priority. As I have expressed to town representatives during our past meetings, we are not financially prepared to increase our capital commitment past current budget to improve the tennis facility as a permanent conference facility. We are not prepared, for example, to install permanent resrrooms. Since we do not envision a frequent need to use the tennis facility for conference related funcrions, we have discussed rvith the rown the possibility of amending the SDD to limit the number of functions (conference/trade shows) allowed by the town each year in the tennis faciliry as a means of limiting some of the life safety related capital improvements which would be required by a more permanent facility. I would expect that a maximum of six (which would probably exceed our needs) functions per year would allow us reasonable latitude to accornmodate our needs. It should be kept in mind that use of the tennis facility is not uncomplicated since it requires costly ($10-15,000) covering of the court surfaces during each use, displacement of tennis members and financial concessions to them during special use periods, as well as other challenges which would make use of this space desirable onty in a limited number of circumstances. We feel that the ability to use this space would make available to us a new market niche and enable us to accommodate those types of conferences requiring more facility than we currently have ro offer. Vail Cascade currently offers 289 hotel rooms, 70 rental condominiums and 2O' 25,000 square feet of meeting space (varies winter to summer). Access to the tennis couns would provide an additional 28,000 square feet of facility. It would enable us to keep business in Vail which might otherwise be driven to Keystone Resort (77,000 square feet of meeting space, 16,000 of which is in one facility), Snowmass Conference Center (40,000 square feet) and other competitors. As an example, a member of our sales staff advised me today of a porential client (an Association) which has used the Snorvmass Conference Center for the past five years and is looking for a new location. They would consider our faciliry for a July, 2000 conference. Without the tennis facility, we canno! accommodate this piece of business, but the client has expressed that we would be seriously considered il rve could offer an additional 15,000 square feet of space. We have another potential piece of business for the month of April, 1999 which will advise us pending the outcome of whether or not we can provide the tennis facility. Other examples of groups which we have lost due to a lack of space is attached. George, you requesred that I provide an existing plan ofthe facility marked to indicate both the fire sysrem design and the emergency lighting design. We are unable to provide this at this time since our director of resort maintenance is out of town until August 28. However, Mike McGee, along with other town staff members, has been directly involved in inspection of the facility and discussions with our Director of Resort Maintenance in developing life safety design options which would be acceptable in our faciliry. Mr. McGee has offered to alend the PEC hearing on Monday, August 24 to express his comfon level with design options to date. It would be helpful if we could receive feedback from the PEC on Monday, August 24 to determine if our making improvements to this facility is economically feasible so tha! we can hopefutly keep this project moving forward in an effort to be sufirciently prepared for the Championships in January, 1999. Thanks again for your cooperation and assistance with this process. Should you have any ns, please let me know. ely' Managing Director Vail Cascade Hotel and Club December 4, 1998 Mr. George Ruther Town Planner Town of Vail 75 Frontage Road Vail, CO 81657 Re: Vail Cascade Club SDD Major Amendmenr Applicarion (Tennis Couns) Dear George: The intent of this lener is to provide historical background and set fonh conclusions regarding the anticipated impact upon the existing Vail Cascade Club parking facility from the occasional use of the Vail Cascade tennis coun area by conferences. The use would be primarily for tradeshows and meetings. Since it is difficult ro quanriry satistically specific parking use thoughout the year due rc the diverse uses and the change in demand throughout the year by the various users, I have attempted to provide a conceptual rationale based upon historical trends. Following are bullet point comments which will hopefully oft'er some clarification to questions regarding parking: a o a Vail Cascade Hotel and Club (VCHC) offers 421 parking spaces on three parking levels. VCHC currently provides 291 hotel rooms and suires. VCHC has historically provided additional parking tbr the Penthouse Condominiums (8 units), The Vail Cascade Club. Colorado Mountain College. the Cascade Village Movie Theater and Clancy's Restaurant. VCHC manages and controls all parking in rhis facility. Parking requirements and demand vary continually throughout rhe year based primarily upon the following factors: l. The season 2. Guest profile (group or transient guest) 3. Geographic profrle ofguest (Front Rangeiregional or national/internarional destination traveler) The parking siruation at Vail Cascade is cunently very manageable and during those few times during the year when parking demand is at capacity, management has the ability ro relocate employee parking as needed. Both Front Range and Colorado regional guests have a rendency ro drive their own vehicles rather than shuttle to Vail. This creates parking demand. Guests from outside of Colorado primarily use the airport shuttle service when travelling to Vail. This reduces parking demand. During the months of January, February and March. when hotel occupancies typically range from 76-91% approximately 85% of all guests (both group and transient) use a shuttle service. The higher occupancy monrh of December also experiences this idenrical trend. This dramatically reduces demand tbr parking. a a 13OO Westhaven Drive, Vail Colorado A1657 . 970.476.711 1 . Internet: wrvw.vailcascade.com Cuest Fax 970.479.7O2O . Sales Fax 970.479.7025 . Fax on Demand 3O3.643.O199 @ -r I t &,t{b,,t_)i1/--DESTINAT|ON s??I'-,2-f uorers a PrsoPTS -4; In July and August, when hotel occupancies rypically range from 7l-86%, group business historically represents 75-85% of overall hotel occupancy. Of these group gues6, approximately 75-85% tend to use shutde service. However, since the transient business is more regional in origin, 75-80% of those guests drive their own vehicles to Vail, crearing more parking demand. During the remaining months of April, May, June, September, Ocrober and November, resort occupancies range from 19-65% (averaging 39% throughout that period) and the mix of shuttle use versus vehicle use is insignificant pursuant to demand for parking. There are no parking issues during these months. Summarizing this information in a meaningful way as it relates to this request to expand the use of the tennis facility, there has never been a shortage of parking during the winter and shoulder season periods due to the hotel's marketing focus on atfiacting predominantly national and international group customers who have historically used shunle service to Vail. The o&er tactor relates to the lack of business demand during the shoulder months. The greatest demand in the parking facility is generated during the monrhs of July and August when more of our guests drive vehicles fiom Front Range and regional markets within or near Colorado. The intention of VCHC management is to use this facility to assist in increasing hotel occupancies during those periods which have historically experienced minimal demand and lower occupancies (the shoulder seasons). These are also times when parking capacity is not an issue. The targeted use would not typically be during those months where the depth of demand is much higher. It is not intended that use would be fiequent and it is anticipated rhat the users of the facility would be housed within the Vail Cascade Hotel and Club. In siruations where users would be housed in outside lodging facilities, it would be set forth in advance and required that shunle service be provided between those outside facilities and VCHC when appropriate. It is our perspective that approved use ofthis facility would not create urunjanageable parking issues and should that potential exist in some specitic situation, the ability exists to manage such a siuation to an acceptable level. The benefit ofsuch an arrangement would be fo "level out" hotel occupancies throughout the year, increase business and attract additional visitors to Vail during typically slower business periods. I hope that this lener addresses appropriate parking concerns. Please contact me if you have ouestions. Managing Director Vail Cascade Hotel and Club n 6 zo a JIcom \tr1 o r-rt\t i lll| E tl ll\ = Ill\=l I I ; -T-_ll -tl tt (^ 1ltt 5 l1ll rJ,ltt !. tllt ;t llttlltillirllllll slJ( ,-- t\ ,'''a Itn-| i>=zt96+ =iu--toz^(ti 6 iii o9 6z!o oB 4^zi:oi A@:> oo-l!g> rJ 'Tl TI -,VU)ozYtiJ- OJ- m - z Uv)o F _____---,-.- frl Ftl o -l z -I-oor tri: Fz e:ti> l!x: aa. ; ; lgt'. i! a'!!:r:o ;!z!i{i! oitt '€, 6^t- \\ \ ,{ t?{ ma-{I CfI m \ l. \"' \ \ , t. \ ,, : l \ \ III I t,:( \ fi - ii U it_ I J t(,elCMIr'l-l$-l-i <l =ml- | -JJ1nJlo -lc>-ri -IJ) 'l T -,2aozY 3*= - trl "ro r - ?- -- ,I."r lio- i;itio i;zi:{ir o i;:o rEol a^i; iX i "-------r \ :'\ ao U fIJ o -e E! mou)fl -{ =-;-> mz 'Tl 'ftnoxf-.2'-,,.t. -l -f, Bi rn o Fo t- -l z OF 3 o YE oz P i.. s \ \ d il'fl'i.\ i / .-l ll'-- -ll II | -'- ri. I -ll tirfl| |llti rl il C) E!i)L{<::m -!L<i'I - o r :> . ii tr - :9 !.' ig6ilz ;J€i5 0 i:> Iex !'r EE _l E t----1 \\ \"I II \ I \ \ rr, -{ rx -t'r n1 \ \ :1 .', tlo o-zYE;: m t\I I*.-r ll- tl 1l,l rl c) () F' Fl 7J H oz F ..\ ",ff'\-- aootr -t<-m .* :j" 5<o>:D{ ,r o : eiZ . t9vt' i?-r:o ziz!:{F!OitF "3- 9oa- €tg I oot- v I lt tr. alro'!i:r:o i3zije E5 0i;xlix {'r iE _t q'------ ,t moafl -{.-Lfir ,rl i'-ii Ii\i,il I 't t ,// ,',/, /' ,/ l' / /,' 2 -----..--- /Il I .i ml-J!-ll{<ilrm It-r Il6<tI o>'l:o-+t F./ =' FE/ 2 // ,// /rt /'r'l - P,aA;O 5jFa>- nt l- .'t u b. PLANNING AND ENVIRONMENTAL COMMISSION December2S, 1998 Minutes MEMBERS PRESENT: MEMBERSABSENT: STAFF PRESENT: Greg Moffet Brian Doyon George Ruther John Schofield Brent Wilson . Galen Aasland Allison Ochs Diane Golden Judy Rodriguez Ann Bishoo Tom Weber Public Hearinq 2:00 p.m. Greg Moffet called the meeting to order at 2:00 p.m. 1. A request for a Type ll Employee Housing Unit, at a proposed primary/secondary residence, located at 765 Forest Road / Lot 8, Block 2, Vail Village 6'n Filing. Applicant: Nancy Adam, represented by Fritzlen, Pierce, Smith ArchitectsPlanner: Brent Wlson Tom Weber recused himself from this item. Brent Wilson gave an overview of the staff memo. Greg Moffet asked for any applicant, public or Commissioners comments. There were no comments. Ann Bishop made a motion for approval in accordance with the staff memo. Diane Golden seconded the motion. The motion passed by a vote of 5-0-1. 2. A request for a minor subdivision of Lot 4, Spraddle Creek Estates, to revise the building envelope, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates. Applicanl: Harvey Kinzelberg Plannen Jeff Hunt ln Jeff Hunt's absence, George Ruther gave an overview of the staff memo. Greg Moffet asked if the applicant had anything to add. Planning and Environmental Commrssron Minutes December 28, 1998 Hans Bergland, the Architect, showed a diagram of the request. Greg Moffei asked for any public, or Commissioner comments There were no comments. John Schofield made a motion for approval in accordance with the staff memo. Diane Golden seconded the motion. The motion passed by a vote of 6-0. 3. A request for a conditional use permit to allow for a professional office in the Austria Haus, located at242 Easl Meadow Dr./ Part of Traci C., Block 5D, Vail Village 1"' Filing. Applicant: Ginger TofferiPlanner: George Ruther George Ruther gave an overview of the staff memo. Greg Moffet asked for applicant, public or Commissioner comments. There were no comments. John Schofield made a motion for approval, in accordance with ihe findings on page 4 of the staff memo. Diane Golden seconded the motion. The motion passed by a vote of 6-0. 4. A request for a major amendment to SDD #4, to allow for the use of the tennis facility for special events and conference facilities, located at 1300 Westhaven Dr. Cascade Village Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlanner: George Ruther George Ruther gave an overview of the staff memo. Greg Moffet stated for the record that there was no public present and he then asked if the applicant had anything to add. Chris Hanen said the focus was for the off-season and lhere would be shuttle arrangements made to off-sei any parking problems, since we control the parking. He said the impetus would be to compete with Keystone or other areas for conferences. Galen Aasland asked what recourse the Town would have if the parking got out of hand. Chris Hanen said he would hope the Town would address problems with us and we would respond. John Schofield asked about 18-wheelers. Chris Hanen stated there would be no 18-wheelers. Planning and Environmental Commrssron Minule s Decembcr 28, 1998 Tom Weber asked why it was an accessory use and not a conditional use. George Ruther said it was an accessory use, since there were additional conference rooms on site. Diane Golden asked what the response of the tennis members had been. Chris Hanen said the members didn't appreciate i{ and there was a misunderstanding that this would be a profit to us. He said they would only be relocating people for a 3-4 day period of time and the facility would be used on a very select basis. John Schofield made a motion for approval in accordance with the staff memo. Ann Bishop seconded the motion. The motion passed by a vole of 6-0. 5. A request for a minor alteration in the CC2 Zone District, located at 520 E. Lionshead Circle / Lionshead Center Condominium #306. Applicant: Robert PressonPlanner: Allison Ochs Allison Ochs gave an overview of the staff memo. Greg Moffet asked if the applicant, public or Commissioners had any comments. There were no comments. Ann Bishop made a motion for approval in accordance with the staff memo. Diane Golden seconded the motion. The motion passed by a vote of 6-0. 6. A request to amend the Town's "Public Accommodation" Zone District, Qhapier 7 and amendments to Chapter 15, Gross Residential Floor Area (GRFA), Town of Vail Municipal Code. Applicant; Johannes Faessler, represented by Braun Associales, lnc. Planner: George Ruther TABLED UNTIL JANUARY 11, 1999 7. A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located al 1325 Westhaven Dr., Westhaven Condominium Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby Robinson Planner: George Ruther Planning and Environmental Commission Mnutes December 28, 1998 TABLED UNTIL JANUARY 11, 1999 8. A request for a worksession to discuss a proposed arena expansion at the Dobson lce Arena, located al 321 East Lionshead Circle/ Lot 1, Block 1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District, represented by Odell ArchiteclsPlanner: George Ruther TABLED UNTIL JANUARY 11, 1999 Galen Aasland made a motion to table items #6, #7 and#8. Ann Bishop seconded the motion. The motion passed by a vote of 6-0. 9. A request io amend the Vail Village Master Plan, regarding building height guidelines. Applicani: Zehren & AssocialesPlanner: George Ruther WITHDRAWN 10. Information Update George Ruther reminded the PEC that there would be a joint worksession with the Town Council on January 12'nat 2:00 p.m., regarding the proposed redevelopment of the Maniott and the P.A. Zone District amendments. 11. Approval of December 14, 1998 minutes. Galen Aasland had changes. John Schofield made a moiion to approve the minutes as amended. Galen Aasland seconded the motion. The motion passed by a vote of 6-0. Galen Aasland made a motion to adjoum. Tom Weber seconded the motion. The meeting adjoumed at 2:28 p.m. Planning and Environmental Commission Minutcs Dcccmber 2E, 1998 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November23, 1998 SUBJECT: A request for a conditional use permit to allow for the operation of a "transportation business" within Special Development District # 4 / Cascade Village Hotel & Club, located at 1300 Westhaven Drive/Cascade Village Area A. Applicant: Westrac, Inc. dba Thrifty Car Rental, represented by Rudy & Associates, P.C.Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant is requesting a conditional use permit to allow for the operation of a Thrifty car Rental business within the cascade Village Hotel & club. The proposed operation would be housed in a small 8'x 8'office space existing within the hotel. The car rental operation would provide a maximum of twelve rental cars. The applicant is proposing to retain four reserved parking spaces on site to be used primarily for the cleaning and exchange of rental cars. The proposed (on-site) rental car storage area is currenily owned and operated by the Cascade Club Hotel & Club and used to meet the parking demands of the hotel. The applicant anticipates that at no time will there be more than 12 rental cars parked in the structure at a time. II. CONDITIONAL USE PERMIT REVIEW CRITERIA AND FTNDINGS The review criteria and findings for a request for a conditional use permit are outlined in Section 12-16-6. A. Before acting on a conditional use permit application, the Planning & Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. The applicant is proposing to operate a car rental business out of the Cascade Hotel and Club. The car rental business would be comprised of a small administrative office within an existing space in the hotel and the storage of 12 rental vehicles in the existing parking structure on-site. Staff believes that the proposed use would have no negative impacts on the existing use or the development objectives of the Town. Staff does believe, however, that in order for the use to be compatible, a finding must be made that adequate rental vehicle storage and other necessary business needs have been provided. f : \everyo ne\pec\mem os!98Uhrift y4 A review of the Town's files including all special development district amendments and building permits issued for Area A within the cascade Special Development District reveals a surplus in the parking requirement. According to the Town's information, a total of 421 parking spaces are contained within the existing structure. Given the existing uses, 36 of the spaces remain available. Therefore, the 12 spaces requested for use by the applicant is acceptable. Should this conditional use permit be approved, a total of 24 pa/King spaces will remain available for future allocation. 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. 1. 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. The applicant is proposing to store rental vehicles within the existing parking structure on-site when the vehicles are not in use. According to the existing uses approved for the Cascade Village Special Development District, 36 parking spaces are available for allocation within the existing parking facilities on site. Staff believes it is important to provide the vehicle storage spaces on site and not attempt to rely upon a "managed" parking solution. Historically, "managed" parking solutions have not been effective and are very difficult to enforce; thus resulting in failure. 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. Each of the required vehicle storage spaces within the structure is paved and fully screened from the public right- of-way. Additionally, staff believes that 12 vehicles is not an excessive number and will adequately provide for the proposed use. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. That the proposed location of the use and the conditions under which it would 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. That the proposed use will comply with each of the applicable provisions of this Title. 4. B. z. J. f : \everyone\pecVnemosL9S\lhrifty4 III. STAFF RECOMMENDATION The Community Development Department recommends approval of the request for a conditional use permit to allow for the operation of a Thrifty Car Rental business in the Cascade Village Hotel & Club. Staff's recommendations are based upon our review of the criteria outlined in Section lll of this memorandum. Staff believes that given the availability of adequate on-site rental vehicle storage, the use would not result in serious negative impacts inconsistent with the Town's development objectives. Should the Planning & Environmental Commission choose to approve the request for the conditional use permit, staff would recommend that the Commission make the following findings: 1. That the proposed location of the car rental business is in accordance with the purposes of the Zoning Regulations and the purposes of Special Development District #4 (Cascade Village). 2. That the proposed location of the car rental business and the condition under which it would 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 of the Cascade Hotel & Club. 3. That the proposed car rental business will comply with each of the applicable provisions of the Zoning Regulations. Should the Planning & Environmental Commission choose to approve the request fof a conditional use permit, statf would recommend that Commission place the following condition upon the approval: 1. That prior to the conditional use permit approval becoming effective, the applicant amend Special Development District No.4, Cascade Club, pursuant to the procedures outlined in Section 12-9A-1O of the Zoning Regulations. f :\everyone\pec\memos\98[hrifr y4 PLANNING AND ENVIRONMENTAL COMMISSION November23, 1998 Minutes MEMBERS ABSENT: Galen Aasland MEMBERS PRESENT: Greg Moffet John Schofield Diane Golden Ann Bishop Tom Weber Brian Doyon Public Hearinq STAFF PRESENT: Russ Forrest Dominic Mauriello Brent Wilson . Allison Ochs Judy Rodriguez 2:00 p.m. Greg Moffet called the meeting to order at 2:00 p.m. 1. A reouest for a variance from Seclions 11-4C-17 and 11-4C-18 of the Town of Vail Municipal Code, to allow for an arcade wall sign in excess of 20 square feet and window signage in excess of two per frontage, located al2161 N. Frontage Road West / A portion of Lot 2A, Vail das Schone 3'o Filing. Applicant: Half Moon Saloon Planner: Allison Ochs Allison Ochs gave an overview of the staff memo. Maggie Hurley, an owner of the Half Moon Saloon, gave the chronology of the name change from the Jackalope to Half Moon Saloon. She said she was told by the staff that there would be no problem with replacing the sign and it would be staff approved. She said her sign company submitted the sign application in early Octoberto replace the existing sign, but staff discovered lhe sign from 10 years ago was illegal. She said they were set to apply two months ago, but now the sign would not be up until Christmas. She said at the point they were told the sign was illegal, they were told a variance was possible. She said a sign half the size of the existing sign would not be effective, so they went ahead with the variance process adding another 3-4 weeks onto this timing. She said had she known this would be denied, to cut the losses, she would have gone with the smaller sign. She said she felt it an extenuating circumstances, as we were going to replace an existing sign were told this would nol be a problem. She said lhat because of the set back windows. the storefront needed identification. Justin Hurley stated that he measured some existing signs in front of City Market. Dominic Mauriello said City Market signs were exactly 20 sq. ft., but since they were owners as well as tenants, they were allowed directory signs Greg Moffet said that prior to the institution of the sign code, many variances were allowed, but since the sign code, there have been no variances granted. I Planning and Enlironmental Commission Minutes November 23. 1998 Justin Hurley said this had been a waste of our time, since we were told to go ahead. Maggie Hurley said the owner of the West Vail Mall had ok'd the sign. Greg Moffet asked for any public comment. There was no public comment. Tom Weber said there obviously was miscommunication between the applicant and the staff. Justin Hurley said businesses in the West Vail Mall needed to be seen from the highway. Tom Weber said the PEC could not give special trealment above the neighbors. Justin Hurley said his business was larger and with a higher rent then the neighbors. Tom Weber said having higher rent doesn't grant you more sign and that maybe staff wasn't clear that the name was being changed. Brian Doyon said this was a problem of the system, with not enough people to enforce the code, but he felt the PEC needed to agree with staff, unless we can come up with a reason. Brent Wilson said Gart was allowed 44 sq. ft., since they were an anchor of the mall. Brian Doyon said he was against the logos on all the windows. John Schofield said laws do change over the years and this was similar to speeding on the Frontage Road until you gei caught. He agreed with Brian that logos on every window was too mucn. Ann Bishop said she was in favor of granting a variance because of the Gart sign and also how much the business needed the sign. Diane Golden said the temporary sign pops out and you can see it from the road. She said that the temporary sign was conforming and agreed not to grant the variance. Greg Moffet said the elected officials voted on the Gart sign being larger and all the other signs needed to be the set size and because this was a very custom piece of legislation, he wouldn't be able to vote in favor of granting this. John Schofield made a motion for denial. Diane Golden seconded the motion. Greg Moffet asked for any further discussion. Tom Weber said he was in favor of putiing the logos on the doors for identification, since they were the equivalent of three tenant spaces. Brian Doyon agreed with Tom's comments. John Schofield amended his motion to allow logos on the entry doors. 2 Planning and Environmental Commission Minutes November 23. 1998 o Diane Golden seconded the amended motion. The motion was denied by a vote of 6-0, with the door logos approved. 2. A request for a Conditional Use Permit, to allow for a "lransportation business" within SDD#4, located at 1295 S. Frontage Road/Cascade Village. Applicant: Thrifty Car Rental, represented by Rudy & AssociatesPlanner: George Ruther/Dominic Mauriello Dominic Mauriello gave an overview of the statf memo. Greg Moffet asked for any applicant or public comment. There were no comments. Ann Bishoo had no comments. Diane Golden asked aboul the parking allocation. Dominic Mauriello gave the parking allocation and explained the mixed use credit and that there were 36 available parking spaces. He stated that there were numerous parking spaces fenced off in the garage and that ihere were no spaces designated for specific uses. John Schofield asked if it was the inient to have a specific '12 spaces or take any 12 that are available. Dominic Mauriello said 3-4 spaces were designated and the remaining were not designated. Diane Golden asked if it was the applicant's responsibility to get the area cleaned up. Dominic Mauriello said it was up to the landlord. but that cars would be detailed in a corner of the garage. John Schofield asked with car washing on site, would there be a problem with ice and he said that detailing needed special equipment. Brian Doyon said detailing required a van, which would lose the circulation flow. Dominic Mauriello said the PEC could add a condition to require servicing be contained in a parking space. Brian Doyon asked when the fencing would be taken down. Dominic Mauriello said to tie a condition to remedy any problems. Brian Doyon said he didn't want to see 36 spaces tum into 45 because of servicing the vehicles. Tom Weber asked the applicant to explain the detailing. 3 Planning and Environmental Commrssron Minutes November 23. 1998 Jeff, from Thrifty Car Rental, explained that the detailing would entail windex, and Amoral, and that the vacuuming and car washing would take place at the Phillips 66 station. He also said the spaces would not be totally allocated. Greg Moffet stated for the record that his company did business with the applicant, but he saw no conflict. He also said that the Code allowed for this kind of conditional use. Brian Doyon made a motion for approval with one condition, in accordance wilh the staff memo. Diane Golden seconded the motion. The motion passed by a vote of 6-0. 3. Review and provide a final recommendation on the Lionshead Master Plan. Applicant: Town of Vail Planner: Dominic Mauriello, representing the Lionshead Master Plan Team Dominic Mauriello stated the biggest change was the introduction of graphics into the document and the major deletion was the tennis court site. He then said the idea was to take this to the Town Council Dec. 1"'. Elhan Moore, with Design Workshop, mentioned that some of the comments from the PEC were not yet incorporated into the document, such as sirengthening the language regarding the undergrounding of l-70, but that the comments would be incorporated. He said Galen had comments relating to two graphics showing a 2nd alternative to the parking alternative on the Lions Pride Building and the day lot vertical study showing potential impact. He said the text addressed the views and noise concerns. He said the motion to approve could be made contingent on these comments being added. Greg Moffet asked if the increased building heights on the north and west ends had been addressed. Ethan Moore said they needed to be reevaluated because of lhe desirability of housing, but not at the expense of quality. He said lf housing could be successfully integrated, lhen it should be done as long as it didnl sacrifice quality. He said that commercial development was talked about for the west end, which was the appropriale place for this to happen. Greg Moffet asked what the Council's concept of conditional use permits for additional building height in west end and along the S. Frontage Rd. was and if it was in this document. Dominic Mauriello said there was no language in the plan thal addressed this detail. Greg Moffet asked if any there was any change on upper floor setbacks beyond the first floor and that he was concerned about light and air if sections of the buildings are 30' high above the ground for north/south oriented buildings. 4 Planning and Ennronmenlal Commlssion Minutes Novembcr 23. 1998 Ethan Moore said that mandatory stepbacks would make sure the building steps back with the light coming into the space remaining unchanged. He said the stepbacks would introduce a higher lever of diversity. Tom Weber said you would not be able step back existing buildings. Greg Moffet said since 40o/o of the building could be 30' high from slreet level, you would have a lot more shade with a north/south orientation and the problem was that a taller building height would have a lot more shade. Ethan Moore said it paralleled lhe sun moving across the sky with the north/south orientation and that between 10 a.m. and 2 p.m., there would be sunlight streaming directly down the street. Tom Weber questioned what was going on with doing away with GRFA and being controlled with density. Dominic Mauriello said the GRFA pertained to residential uses and that there was an ongoing discussion with Council regarding GRFA. Tom Weber said to do away with GRFA in this circumstance. Ethan Moore said Council wants to raise GRFA, so it no longer represents the primary building constraint. He said the 2.5:1 ratio would not be restrictive or present constraints. Tom Weber said the sketches are to sell the mester plan rather than engage the owner. He then asked aboul snowmelting on TOV property. Russ Forrest said specific improvements would use different financing from appropriate contributions. He said the first step was for it to be implemented by the Town with cooperation from the adjacent property owners. Tom Weber said there were more "shoulds" than "shalls" in the document which created a less definitive document. He then suggested to change the language to shall, where possible. Russ Forrest said the DRB was wrestling with the Design Guidelines now and trying to decide where it was appropriate to have "should" or "shall." Brian Doyon was concerned with the site guidelines and that ihe original intent was to tone down the hardscapes. He said all the graphics, 8.2 and 8.3, show trees and are contradiclory and he said the word should is not what we want in our guidelines. Russ Forrest asked the PEC if the verbal matched the pictures, would that be acceptable. He said one of the goals was to remove landscaping buffers from the retail fronts. Brian Doyon said the secondary mall areas are all outlined by trees, but there was no requirement for that. Tom Weber stated if we needed landscape requirements in there, we needed to state that. 5 Planning and Environmental Commrssron Minules November 23. 1998 Brian Doyon said the master plan says we could have pavement but this it says 20% should be landscaping, yet there is no requirement for landscape materials or hardscape, so there needs to be stronger landscape language in the design guidelines. Dominic Mauriello asked for examples in writing, so we don't miss the mark the neld time. John Schofield asked about the l-70 issue and along those lines, why his l-70 comments didn't make it into the draft. Greg Moffet said he can't tell if any of our comments made it into this draft. Ethan Moore said he will incorporate some stronger language, the north day lot, alternatiye graphics, office space on the west side, and the potential of increased height on the north side. He said future development on l-70 and taller building heights on the South Frontage Road have not been addressed, and so he suggested for the PEC to make that part of their approval. He also said there should be stronger language in the recommendation to have taller building heights on the west end. Ann Bishop asked if Mr. Lamont's suggestions had been incorporated into the document. Russ Forrest said, no, since staff didn't agree with the his views on the North Day Lot and the west end parking. Ethan Moore said the primary focus of this draft was the completion and addition of all the graphics. Russ Forrest said another of Jim Lamont's comments had to do with the wetlands area by the Born Free lift and that staff wanted to keep the bridge in and Jim wanted to lake it out as a restoration project. John Schofield said there should be a review of the parking pay-in-lieu language. He said the one section he disagreed with and strongly urged action on was to get the DDA in place before the Broomfield issue was settled. He said if we don't put it in place, we will lose so much and he felt strongly that it should have been acted on 6 months ago. He said the DDA should be formed immediately. He said building height was touched on and PEC was unanimous. He said to take a hard look at that again and strongly agreed with eliminating GRFA. He said that some language indicated a possible reduction in parking requirements and he would like to see that language removed. Dominic Mauriello said the intent was if a project didn't generate additional parking, more parking wouldn't be assessed. Ann Bishop said it was a good document and everyone should be commended, but she would have liked to have had Mr. Lamont's comments beforehand to compare ihem. She said it was subject to what we were going to staple to it and so she was in favor of it. She said she wants to approve it, to gei it going Diane Golden said her fellow commissioners had worked hard on their comments and recommendations and she had no further comments. O Planning and Environmcntal Commission Mnute s November 23, 1998 Greg Moffet asked for any public comments. Jim Lamont, East Village Homeowneis Association, advised the PEC to see the final draft to sign off on. He said from the homeowneis standpoint, the delivery access should be equally shared for the Dobson lce Rink and the Civic Center. He said loading and delivery on the Phase 3 sile would free up Dobson. He said there should be a public open space where the community could come together south of the Civic Center. He said the wetland area was in two comPonent parts. He explained the road to the play area on a graphic. He said Rotary could put in a pedestrian path which could be looped, to afford rehabbing the wetland and also create a place where people could go in circles. He said he would like to see the language changed relative to that parcel. He suggested that the views over the Lionshead Parking Structure be maintained so people have a reason to pull off the Interstate to see the interior of the community. He said height should be limited here, as it was in Ford Park and this was the only other place to get a feel for the mountain from the interstate. He said he was concerned with heights and mass along the Frontage Roads. He said more heights could be added if they were more articulated along the high speed corridors. He said it was jusi the wall etfect he was getting nervous about. He said he would like to see the GRFA system stay, but that it should be modified and increased. He said to make sure the design guidelines take up where the zoning drops off. He reminded the PEC that the design based system lasted 6 months without GRFA. He said he was in favor of loosening up GRFA and beefing up the design guidelines, but you have to prove that we can get a balanced development. Greg Moffet asked if Council had received Jim's comments. Dominic Mauriello said, yes, several weeks ago. Jim Lamont said the plan doesn't succeed on the west end. He said there needs to be language in lo make it a mixed-use village, with parking off to the side, without parking under projects to free up the awful grid. He suggested a middle class village that includes timeshare and commercial, with no-view space as offices. He said the 5-6 acres towards the west end needs to be proved, as it lefl him flat. He said it was an area for affordable housing, and for hotels, but it didn't give a sense of hope for an urban center. He said it was a bit late for design altematives, but we ought to think aboul what would give excitement to the west end. He said we needed to create a major urban center, nol to be close enough to the lifts, but close enough to warrant excitement. He said these were the most critical elements and although this was an exemplary job to satisfy us, it didn't have the "umpf." Dave Corbin, from Vail Associates, said we could tweak this plan ad nauseum forever. He encouraged the PEC to generally approve it to Council to keep it moving. He said to identify those specific shortcoming areas in generalized ways and acknowledge what we have is workable. Greg Moffet agreed with Jim that the west end needed to create an opportunity to match the competilion, perhaps getting rid of the sewage plant. He summarized that: o he would like to see some recommendation on the landscape issues per Brian's concem. o That there were parking, pay-in-lieu, the immediacy of DDA, the addressing of GRFA and l-70 concerns per John. r There needs to be a compulsion on any north/south orientation with new construction on the core site. j Planning and Environmental Commisslon Minute s November 23. 1998 . Need to be consistent to aggressively step back, with a mandatory 16' step back. o That Map "W' is entirely too restrictive and to either start over, or throw it out, because if it is approved it suggests that other sites are not appropriate for housing. . That specific condilional use permits be issued for heights to go up one floor for offices, as distinct from commercial, in the west end and along the frontage road. Greg Moffet said the streets were considerably nanower, and so 16' stepbacks were necessary. He said, to the extent that we €n create streets with a north/south orientation, we should do so to create a greater sense of light on the ground. Tom Weber disagreed. Greg Moffet said we need the ability to look to the mounlain and see a hill and so we need to keep heights low enough to maintain a connection to draw everything together. Dave Corbin showed his plans that had non-straight corridors, similar to Bridge Street. He said he would have to take one of the penetrations out to keep building mass if they were forced to slep back- Greg Moffet said he objected to a solid two story mass and we can't put 2nd and 3'd story bridges. He said Council took off height for light and air, but by putting bridges you maintain mass. John Schofield disagreed with a 2no level bridge comment by Greg. Geoff Wright said the most important concem for his condo owners was a large mass in front of them and the overall ridge height. Russ Forrest stated the connection to the mountain needed to be maintained. Greg Moffet said we need to overlay and fix map "W." Jim Lamont said we need to integrate to get housing into the core area, but the message ought to be sent to get on-site housing, as well as mixed into the community. John Schofield made a motion for approval of the Lionshead Redevelopment Master Plan subject to the following nine (9) changes: 1. Change language in the site development guidelines to state that landscaping shall be incorporated within existing and new construction to emphasize and create niches. 2. Gardens and planting beds shall be located within the Lionshead study area where they add to the pedestrian experience, provide for screening, and to focus views. 3. Stronger language needs to be added which directs study to the undergrounding of the l-70 corridor and use of the air rights above. I Planning and Envrronmental Commission Mnutes November 23, 1998 4. The plan needs to provide language about the study of the parking pay-in-lieu fee. Additionally, ihe plan should provide for the study of parking requirements which reflect a uses'parking need. 5. The plan language should be modified to encourage the immediate formation of a Downtown Development Authority and enabling of tax increment financing. 6. Gross Residential Floor Area (GRFA) limitations should be eliminated or substantial modification/increase of the standard should be provided. 7. Plan language shall be modified to compel development on the core site to be oriented north/south. 8. Language should be included in the plan to allow for addiiional height (additional story) for properties adjacent to the S. Frontage Road and in the west end of the study area by conditional use permit or other regulatory vehicle. 9. Map "W" is cunently too restrictive and should be modified to show the entire study area, including the Red Sandstone Site, as potential employee housing infill areas. Ann Bishop seconded the motion. The motion passed by a vote of 6-0. 4. Information Update 5. Approval of November 9, '1998 minutes. Ann Bishop made a motion to approve the amended minutes. John Schofield seconded the motion. The motion passed by a vote of 6-0. Ann Bishop made a motion lo adjourn. John Schofield seconded the motion. The motion passed by a vote of 6-0. The meeting adjourned at 4:50 p.m. 9 Planning and Environmental Commission Mnutes November 23, 1998 a MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October26, 1998 SUBJECT: A request for a major amendment to Special Development District No. 4, Cascade Village, to allow a "transportation business" as a conditional use in the district, and a request for a conditional use permit to allow for a Thrifty Car Rental business in the Cascade Village Hotel & Club, located at 1300 Westhaven Drive/Cascade Village Area A. Applicant: Westrac, Inc. dba Thrifty Car Rental, represented by Rudy & Associates, P.C.Planner: Georoe Ruther I. DESCRIPTION OF THE REQUEST The applicant, Thrifty Car Rental, represented by Rudy & Associates, p.C., is proposing a major amendment to Special Development District No. 4, Cascade Village and pending the outcome of the major amendment, requesting a conditional use permit. The proposed amendment would add a "transportation business" as an allowed conditional use, subject to the issuance of a conditional use permit, within the Cascade Village Special Development District. The applicant is requesting a conditional use permit to allow for the operation of a Thriftv car Rental business within the cascade Village Hotel & club. ll the major amendment is approved, the applicant wishes operate a car rental business out of the hotel. The proposed operation would be housed in a small 8' x 8' office space existing within the hotel. The car rental operation would provide a maximum of twelve rental cars that would be stored on-site within the existing underground parking structure. The proposed rental car storage area is currently owned and operated by the cascade club Hotel & Club and used to meet the parking demands of the hotel. The applicant anticipates lhat at no time will there be more than 4-6 rental cars parked in the structure at a time. Should additional parking become required, the applicant has indicated that the increased demand for parking will be provided off-site. II. BACKGROUND According to section 12-9A-2 (Def initions) of the Town of Vait Zoning Regutations, a major amendment to a special development district is defined as, in part, "Any proposal to change uses; increase GRFA; change the number of dwelling or accommodation units; modify, enlarge, or expand any special development district." Since the applicant is proposing to change the uses allowed in the Special Development District, the staff has determined that this request is a major amendment. Section 12-16-1 of the Zoning Regulations describes the purpose of a conditional use in zone districts and land use development. According to Section 12-16-1, the purpose of a conditional use is, "ln order to provide the flexibility necessary to achieve the objectives of this Title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this Title and with respect to their effects on surrounding properties. The review process prescribed in this Chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditionaluse permits shallbe denied. (Ord.8(1973) S 18.100)." According to Ordinance No 8, Series of 1995, allowed conditional uses in Area A (Cascade Hotel & Club) of Special Development District No. 4 include: r A wellness center,o Fractional fee ownershio.o Special attraction, o Ski lifts,o Public parks and recreational facilities, andr Major arcades with no street frontage on the public way. All conditional uses shall be reviewed per the procedures as outlined in Chapler 16, Seclion '12 of the Zoning Regulations. The applicant proposes to add transportation business to the list of allowed conditional uses. III. MAJOR AMENDMENT REVIEW CRITERIA The review procedures and criteria for major amendments to established special development districts is prescribed in Section 12-9A-10 (amendment procedures)and Section 12-94-8 (design criteria)of the Zoning Regulations. Section 12-94-8 provides nine principal criteria that the Planning & Environmental Commission and the Town Council shall use in evaluating the merits of amending a special development district. lt shall be the burden of the applicant to demonstrate that the proposal complies with each of the criteria, that one or more of the criteria are not applicable to the amendment proposal, or that a practical solution consistent with the public interest has been achieved. Staff has reviewed each of the criteria and believes that only the following two criteria are directly relevant to this application: Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff Fesponse: A "transportation business" or car rental business is not an unheard of use in association with a hotel or similar type of lodging business. The two uses are compatible with one another, and when properly provided for and operated, should not result in negative impacts. The provision of a car rental business within a lodging business is simply another amenity provided to the guests and patrons much like ski rental or restaurant dining. Staff believes that the proposal to amend the special development district to include "transportation business" as a conditional use is both reasonable and appropriate and that the conditional use permit process adequately addresses potential issues. The conditional use permit process enables the Town to review a request for the use to assure compatibility and harmonious development with surrounding and existing uses. This process permits the Town to place conditions on the use to ensure that the location and operation of said use would not be detrirnental to other existing or potential uses or the Town's development objectives. Parking & Loading: Compliance with the parking and loading requirements as outlined in Chapter 10 of the Zoning Regulations. Staff Response: Nearly all uses within a special development district result in impacts on parking and loading. Given the serious negative impacts that result lrom inadequate parking facilities, staff believes that all uses within a special development district must be able to accommodate the parking demand they create. In the case of a car rental business, the demand for parking created by the use is not necessarily generated by the customers. Instead, the demand for parking results from the need for adequate vehicle storage. Staff believes that if the demand for parking can be adequately addressed to ensure that no negative impacts will result, that it would not be unreasonable nor inaoorooriate to allow a car rental business as a conditional use at the Cascade Hotel & Club. tv.CONDITIONAL USE PERMIT REVIEW CRITERIA AND FINDINGS The review criteria and findings for a request for a conditional use permit are outlined in Section 12-16-6. A. Before acting on a conditional use permit application, the planning & Environmental Gommission shall consider the lollowing factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. The applicant is proposing to operate a car rental business out of the Cascade Hotel and Club. The car rental business would be comprised of a smalladministrative office within an existing space in the hotel and the storage of 4-6 rental vehicles in the existing parking structure on-site. The applicant has indicated that as many as 12 rental vehicles may be available at one time. staff believes that the proposed 2. 3. 4. B. 2. It. use would have no negative impacts on the existing use or the development objectives of the Town. As stated in the section above, a car rental business operating out of a hotel is not unheard of . Staff does believe however, that in order for the use to be compatible, adequate provision lor rental vehicle storage and other necessary business needs must be provided. 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. 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. The applicant is proposing to store the rental vehicles within the existing parking structure on-site when the vehicles are not in use. The anticioated need lor vehicle storage would be between 4-12 parking spaces. According to the existing uses approved for the Cascade Village Special Development District, all of the existing parking facilities on site are beyond capacity. In order for the staff to support the proposed conditional use request, lhe applicant must demonstrate the ability to provide at least '12 new parking spaces on-site. Staff believes it is important to provide the vehicle storage spaces on site and not attempt to rely upon a "managed" parking solution. Historically, "managed" parking solutions have not been effective and are very dilficult to enforce, thus resulting in failure. 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. Staff believes that the proposed request for a conditional use permit would have no negalive effects on the above-described criteria. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. That the proposed location of the use and the conditions under which it would 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. That the proposed use will comply with each of the applicable provisions of this Title. V. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a major amendment to Special Development District No. 4, Cascade Village, to allow a "transportation business" as a conditional use in the district, and recommends denial of the request for a conditional use permit to allow lor the operation of a Thrifty Car Rental business in the Cascade Village Hotel & Club. Staff's recommendations are based upon our review of the criteria outlined in Sections lll and lV of this memorandum. With regard to the conditional use permit request, staff believes that in the absence of adequate on-site rental vehicle storage, the use would result in serious negative impacts inconsistent with the Town's development objectives. should the Planning & Environmental commission choose to recommend approval of the request for the major amendment to the Vail Town Council, staff would recommend that the Commission make the following finding: (rI / That the addition of a "transportation business is both a reasonable and appropriate conditional use when conducted in association with a hotel or similar type of lodging business in the district and when adequate provisions for the operation of the use are provided. should the Planning & Environmental commission choose to deny the request for the conditional use permit, staff would recommend that the Commission make the followino finding: 1. That the proposed car rental business and the proposed operation thereof is not in compliance with the parking and loading requirements of the Town of Vail and that due to the lack of adequate rental vehicle storage, the use would be detrimental to the existing and surrounding uses in the vicinity of the Cascade village Hotel & club. should the Planning & Environmental commission choose to approve the request for a conditional use permit, staff would recommend that Commission place the following conditions upon the approval: 1. That prior to the conditional use permit approval becoming effective, the applicant amend special Development District N0.4, cascade club, oursuant to the procedures outlined in Section 12-9A-10 ot the Zoning Regulations. 2. That the applicant's proposal adhere to the following standards: A. All vehicles shall be parked upon approved paved parking areas, B. All vehicles shall be adequately screened from public rights of way and adjacent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessarv to reduce the deleterious effects of vehicle storage; v The number, size and location of vstfiDds'liehhittedtotb StDrcd shail.bs ' determined by the Plan.ning and Envirbnmental Commission based op the r adequacy of ilre-pitg for vehicle,sbtege. Cgnsideralionshatlbe given.to''.:' . the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses; .-: , .. . : .. ..- .. .. . . :...r... -ri jr.;d.:,.t :_,. 't:rJ. .-. Pakihg associdteb with trdnsprirtatioh busine-ssbs-shill not reduce or compromise the parking required for other uses on-site. "'.i: .. r'.: :',.r'i,.lr.r' ..a r. , ;i., r..i .' c. D. t-..; i, PLANNING AND ENVIRONMENTAL COMMISSION October 26, 1998 Minutes MEMBERS PRESENT: MEMBERSABSENT: STAFF PRESENT: Greg Moffet Dominic Mauriello Galen Aasland Jeff Hunt Diane Golden (left at spm) Ailison Ochs . John Schofield George Ruther Ann Bishop Tom Moorhead Tom Weber Judy Rodriguez Brian Doyon (left at 3:55pm) Public Hearino 2:00 p.m. Greg Moffet called the meeting to order at 2:00 p.m. Greg Moffet asked for a motion to table item #6 on the agenda, at the applicant's request. John Schofield made a motion to table item #6. Ann Bishop seconded the motion. The motion passed by a vote of 7-0. Scott Bloom gave an update on the Vail '99 Championships. 1. A request for a worksession to review and provide comments on the proposed Lionshead Master Plan. Applicant: Town of VailPlanner: Lionshead Master Plan Team Dominic Mauriello stated that this was a worksession intended for discussion by the Commission and input from the public. Ethan Moore, from Design Workshop, said he would explain to everyone the substance of the plan and that he was looking for input. Dominic Mauriello stated, for the record, that a letter was received from Art Abplanalp and dislributed to the PEC members at the pre-meeting. Ethan Moore said the existing reinforcement of the Lionshead pedestrian circulation was incorporated into the Master Plan, with an emphasis on an unbroken pedestrian conidor, which didn'l exist today. He then went over the layout, using overheads. He said the first component was, in a conceptual sense, to complete the conneclion to Vail Village. He then explained the Plannrng and Environmental Commlsslon Minutes October 26, 1998 Civic Center Complex with an architectural connection to Dobson and the Library.. Tom Weber asked about the importance of the Civic Center. Russ Fonest said this was originally an idea when the Library was constructed, as a community hub area. Ethan Moore then continued with the functionality of the area. He said the Rec District said there was a need for a drop-off associaled with Dobson. He went over the drop-off points and said that the new entrance to Dobson on East Lionshead Circle would be downplayed as a drop-off area. He also said that emergency vehicle access to Vail Intemational would be cut off and so a new access was needed to the east of Dobson or from the Frontage Road. Ethan Moore stated that for the first time, the structure was full once at night last year. He then said that before housing or anything else is considered on top of the structure, the parking capability needed to be exhausted. He said, per Public Works, that 15 - 20 times per year the parking overflows onto the S. Frontage Road and there might be a demand to add a deck and that over lime, two decks could be added. Diane Golden said the Rec District wanted to put a gymnasium on the east end of Dobson and that parents needed to see small children get out of the car and go the their facility. Russ Forrest said he met with Piet Pieters about adding the gymnastic facility component to the Civic Center site. Ethan Moore said there were competing uses, and that the structure should not go higher than 3 stories, or proportionately it would be too large. He said the additional stories could be accessed through the structure, or by stairs. John Schofield asked about a study regarding upper level retail, where the housing was proPoseo. Ethan Moore explained that a strong pedestrian corridor was the goal in this area and our retails have shown that retail which is separated from the pedestrian is problematic. He said service vehicles have been removed, as well as the shuttles and skier drop-off. He said by doing this, a strong pedestrian plaza with a vehicular crossing had been created, instead of the other way around. He explained the service and loading area, saying the snow dump from the structure needed to be addressed. He explained how the residential traffic would exit the area and there would be an opportunity to gate the through traffic, but that some enforcement would be required. He said the Frontage Road would be doubled in width, using acceleration/deceleration lanes with a landscape divider. He then explained the Gore Creek corridor with proposed nature trails having a passive use or a wetland riparian use. He said it would be ADA accessible with a non- asphalt surface, such as crushed rock. Dominic Mauriello said Art Abplanalp had concerns with this wetland area, as addressed in his letter. Planning and Environmental Commission Minules October 26. 1998 Ethan Moore explained the interior retail mall of Lionshead. He said a pedestrian loop around the ski yard is needed to be strcngthened. He said in orderto have a connection between the retail core and the ski yard, it needed to be visually tied together with a stairway. Ethan Moore said the 10'setback in the CC2 would be eliminated in some areas by establishing build-to-lines. He said a small ice rink could happen in the central pedestrian plaza and that Montaneros and the Concert Hall Plaza should get together and create a functional pedestrian corridor to the west of Lionshead. He then explained the North Day Lot Transit Center. He said 18-20 Pepsi size trucks could be accommodated in this facility. Brian Doyon suggested a one-way street on West Lionshead Loop to prevent traffic congestion. Ethan Moore said that Public Works liked the realigning of the Frontage Road, as it would take up slack in their bus route. He said that Geoff Wright said lhe noise issue associated with this transportation facility, needed a strong landscape buffer and noise buffer for the Landmark develooment. Greg Moffet asked if we were prejudicing against the VA housing on this site, with a PEC approval. Ethan Moore explained housing could be on top and gave the example of European centers that were roofed. He said you could excavate down a plate for parking. He said the program here was given priority, but it wouldn't preclude building on top. He said this would remove the access in front of the Landmark's Building, that VA was letting the Landmark use. He then explained the connection needed for the Lionsquare Lodge. As for West Lionshead, he said VA needed 1% acres for their cat fueling operation and that the triangle of land created next to Vail Spa by the realignment of the Frontage Road would be perfect for office space. He said the west end would provide for seasonal employee housing, to replace the beds lost (1 10 beds) in the Sunbird Lodge. He said the Forest Road homeowners wanted the cats to go away and the alternate cat route might not be on Forest Road. He said however, that the alignment of Forest Road had some flexibility. Greg Moffet asked for any public comments. There were no public comments. Tom Weber asked about the snowmelt systems and he didn't think snowmelting was the best solution for all areas of Lionshead. Ethan Moore explained that only the primary mall would be recommended for snowmelt. Tom Weber said snowmelt benefits steep grade issues and that he would like to have the portals and gateways more subtle in nature, rather than created by a building. Dominic Mauriello said the DRB was the other body reviewing the design guidelines. Tom Weber asked how the Town determined everage building heights, as it was confusing. Ethan Moore said they were looking into that. Brian Doyon had no comments and stated he would provide his comments as part of the DRB review. Planning and Environmental Commtsston Minules October 26, 1998 o John Schofield said the Forest Road folks wanted them to take a look at the tennis courts. Ethan Moore said there was a concem about development occuning on the tennis court site and also snow cats on their road. He said there would be development pressure on the site and if development was being considered on this private property, it would be appropriate to provide criteria to evaluate a rezoning request. The master plan is not providing recommendations for specific uses on the property. He said he questioned it being associated with recreational usage with skiing on the mountain, as the Forest Road homeowners suggested in their letter. John Schofield said one of the ground rules was no net loss of parking . Brian Doyon left at 3:55 p.m. John Schofield said undergrounding l-70 should be incorporated into the Master Plan, as it related to this plan. Galen Aasland asked about the sales tax base and asked if property taxes would increase. Russ Fonest said a menu of financing would be provided to help fund public improvements. Galen Aasland asked about sales tax revenues. Russ Fonest said Stan Bernstein had done an analysis of sales tax and property taxes. Galen Aasland asked about the speed limit changes proposed on the Frontage Road. Ethan Moore said that would be a function of Public Works, as well as the circulation issues and increase in traffic. He said the plan does not make any speed limit recommendations. Galen Aasland said the PEC agreed on changing the language in the Design Guidelines to read "to create a cohesive resort and community environment." He said he would like to see a graphlc supporting the Forest Road changes for solo cats, as well as a graphic showing office space or the north day lot and the Lions Pride Building North-South connection. He said the report was well done, as well as the Design Guidelines first part, but he said the second part just maintains correct status quo in mountain resort design. He felt it should instead develop a framework for better developments. He said he would like to see something that encourages why we came to Vail. Ethan Moore said the DRB felt dictating a theme with too much detail was inappropriate and agreed with Galen's statements. Ann Bishop commended everyone for their cooperative effort and would prefer a quick time table. She also said she did not understand Mr. Abplanalp's letter. Russ Fonest said we anticipate a change in zoning on the tennis court ag/open space site and therefore, wanled to provide some guidance for future rezonings. Tom Moorhead said the Town Council said they were requested to ignore the tennis courts in lhis process, as it pertained to this Master Plan. Planning and Environmcntal Commission Minules October 25. 1998 a Russ Forrest said it would be an issue raised with the Town Council for their review. Diane Golden had no comments. Greg Moffet asked about the north/south orientation preference and where it was in the document. Ethan Moore said it was in the body of the document in Chapter 4. Dominic Mauriello said it was linked to a previous building height scenario, but still remained an element of the plan. Greg Moffet said it should be a ground rule. Russ Forrest said the document should reference the norlh/south orientation and be emphasized. Greg Moffet asked for a graphic on the North Day Lot to show housing and that we should revisit the building height on the west end of Lionshead land areas on the perimeter, to allow for greater height. Dominic Mauriello said Council left open the building height on the perimeter of Lionshead. Tom Weber said the building height should be increased in those areas. Greg Moffet said the consensus of the PEC was to increase ihe height on the perimeter and we should take the opportunity to push the issue. Russ Forrest said we would raise this to Council next Tuesday to look at another plate higher. Greg Moffet said float the balloon and raise heights on the whole periphery. 2. A rezoning and major subdivision for property previously unzoned and owned by the United States Forest Service and transfered to the Town of Vail, pursuant to the Land Ownership Adjustment Agreement to Primary/Secondary Residential District and Natural Area Preservation District (NAPD), for property located at Rockledge Road/ Lots 2, 4,7 , 8A, 9A, and 15, Block 7 Vail Village First Filing; Lots 3A and 38, Resubdivision of Lot 3 Block 7 Vail Village First Filing; Lot 10A, Resubdivision of Lot 10 Block 7 Vail Village First Filing; Lot 138 Resubdivision of Lot 13 Block 7 Vail Village First Filing; and Government Lot 3, all in Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian. Applicant: Town of Vail Planner: Dominic Mauriello (ltems #2 and #3 were conducted simultaneously) Planning and Environmental Commission Minutes October 26. 1998 3. A rezoning and major subdivision for property previously unzoned and owned by the United States Forest Service and transferred to the Town of Vail, pursuant to the Land Ownership Adjustment Agreement to Primary/Secondary Residential District and Natural Area Preservation District (NAPD), for property located at Ptarmingan Road/ Lots 1 through 6, Block 5, Vail Village Seventh Filing, and Govemment Lot 3; all in Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian. Applicant: Town of Vail Planner: Dominic Mauriello Dominic Mauriello gave an overview of the staff memo and said, since it was changed slightly, it needed to come back before the PEC. He pointed out the change on his first zoning map on page 3, that the bar for Lot 2 should also be primary/secondary. Greg Moffet asked for any public comments. There were no public comments. Galen Aasland stated, for the record, that he had clients who owned property here, but he didn't feel there was a conflict. Ann Bishop stated, as did Galen, that she didn't understand Art Abplanalp's letter. Galen Aasland made a molion for approval. John Schofield seconded the motion. The motion passed by a vote of 6-0. 4. A request for a front and side setback variance, to allow for an addition to an existing single-family residence, located al 1755 West Gore Creek Drive / Lot 6, Vail Village West #2. Applicant: Daniel and Karen Forey, represented by the Keating Partnership Planner: Jeff Hunt Jeff Hunt gave an overview of the staff memo. Greg Moffet asked for any public comments. There were no public comments. Galen Aasland said the lot allowed for an expansion and was not a special privilege. Tom Weber agreed with Galen's comments. Greg Moffet said it was a tight lot with unusual circumstances and agreed with Galen's comments. John Schofield made a motion for approval, in accordance with the staff memo. Planning and Envrronmental Commission Minutes October 26, '1998 Diane Golden seconded the motion. The motion passed by a vote of 7-0. 5. A request for a site coverage variance from Section 12-21-14E of the Zoning Regulations and a front setback variance, to allow for the construction of a new single-family residence with a Type ll EHU, located at 756 Potato Patch / Lot 4, Block 2, Potato Patch. Applicant: Wolfgang Bemdt, represented by Steven Riden Planner: Allison Ochs Allison Ochs asked that this be tabled at the request of the applicant, due to a time restraint. John Schofield made a motion to table item #5. Ann Bishop seconded the motion. The motion passed by a vote of 6-0. 6. A request for a worksession to discuss a major amendment to Special Development District No. 6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st. Applicant: Daymer Corporation, represented by Jay PetersonPlanner: George Ruther George Ruther asked that this item be tabled al the request of the applicant. John Schofield made a motion to table this item. Ann Bishop seconded the motion. The motion passed by a vote of 7-0. 7. A request for a Major SDD Amendment and Conditional Use Permit, to allow for a "transportation business" within SDD #4, located at 1295 S. Frontage Road/Cascade Village. Applicant: Thrifty Car Rental, represented by Rudy & Associates Planner: George Ruther Greg Moffet disclosed that the applicant was a customer of his, but there was no conflict. George Ruther gave an overview of the staff memo. Greg Moffet asked if the conditional use approval would be provisional, since the SDD would need to go to Council for review. George Ruther said, yes. Planning and Environmental Commission Minutes October 26, 1998 Greg Moffet said we should look at this in two parts. He then asked for any applicant comments. There were no applicant comments. John Schofield mentioned the garage was blocked, so they were not able to do a site visit. Mike Standard, with Rudy & Associates, explained that the ground floor was used for employee parking and he said he would schedule another site visit. He said there were altematives to storage, as there was no real storage on this site and he could do with two spaces. He said if the garage shut down, as it did for the PEC's site visit, their business couldn't be run. Greg Moffet asked for any public comments. There were no public comments. Tom Weber said this was an appropriate use for an SDD. John Schofield echoed Tom Webe/s comments. Galen Aasland said it was an appropriate use. Ann Bishop echoed Galen's comments. Diane said it was an appropriate use and asked who owned the parking structure. Mike Standard said the parking structure was owned by the Cascade Club, but the top floor was owned by Mr. Otto. Greg Moffet agreed that the rental car business was an appropriate use and the PEC was comfortable recommending approval for the SDD to Council. John Schofield made a motion to recommend approval of the Major SDD Amendment to the Town Council. Galen Aasland seconded the motion. The motion passed by a vote of 6-0. George Ruther said in the Core 3 Zone District, a conditional use for a transportation business was allowed. Galen Aasland said he couldn't support a managed solution for parking, because it was impossible and lhere was not enough space for the uses that were there. He said this was not good for the Town and there were better spaces in Town or in West Vail. Mike Standard asked about the Ruins. Ann Bishop said we needed a car rental business, but she had to go agree with what the staff recommended. She encouraged the applicant to pursue it and work it out with staff. Mike Standard said he wanted to dispel the notion of storage. Diane Golden asked how many spaces were there. Planning and Environmental Commrssron Minutes October 26. 1998 John Papps, with Westrac, explained that the parking was never full and it was the hotel's idea to give us 12 spaces. Diane Golden said she would be in favor of this with more information. Greg Moffet said we could put it on a 6-month trigger. Tom Weber said would like to see some sort of diagramming as to what was being allocated, with some sort of employee count to prove how many spaces were available. John Schofield said the PEC had seen two other requests in the last couple of months for this area and there wasn't enough parking to go around. He said he would like a parking analysis for the whole district. He said he would have to see something very convincing, but without the physical facilities, he felt it was not a good idea and stated this wouldn't work in the winter. Greg Moffet said this was a great use and in a great part of town for this use. He said the challenge was who owned all the rights to the parking spaces. He said he has never pulled into that parking structure when il was full and he recommended the applicant table this and come back with evidence that it would not be a strain. He suggested parking at Mill Race. Mike Standard asked to table this item. Ann Bishop left at Spm. John Schofield made a motion to table the conditional use portion of this item until the next meeting. Diane Golden seconded the motion. The motion passed by a vote of 5-0. 8. A request for a front setback variance, to allow for the reconstruction of a garage within the front setback, located at 756 Forest Road / Lot '12, Block 1, Vail Village 6th Filing. Applicant: Emmet and Toni Stephenson, represented by Kevin Ebert Planner: George Ruther WITHDRAWN 9. Information Update 10. Approval of October 12, 1998 minutes. Tom Weber had changes on page 4. John Schofield made a motion to approve the minutes as amended. Planning and Environmental Commissron Mnutes October 26. 1998 Diane Golden ssconded the motion. The motion passcd by a votc of $0. Diane Golden made a motion to adjoum. John Schofield seconded the motion. The motion passed by e vote of $0. The meeting adjoumcd at 5:10 p.m. Planning rnd Euvirooocohl Cmnirslm I\,finutss Osrobsr 26, 199E 10 .rrJ otto Emerald Acres PO Box 3149 Vail, CO 8165E Millrace Condo Assoc., Inc. 1476 Westhaven Drive Vail, CO 81657 Chris Hanen L-O Westhaven, lnc. 1300 Westhaven Drive Vail, CO 81657 Julie Grimm Colorado Mtn Condo Assoc. 10O0 S. Frontage Rd. West Suite 100 Vail, CO 81657 Don Maclachlan Vail Cascade Condominiums, Inc. 1476 Westhaven Drive Vail, CO 81657 Chris Hanen Vail cascade Hotel& Club L-O Vail Hotel, Inc. 13O0 Westhaven Drive Vail. CO 81657 Robbie Robinson WesthavEn Cascade LLC 230 Bridge St. Vail, CO 81657 Chris Hanen Cascade Club Condos Units 1&2 L-O Westhaven, Inc. 1300 Westhaven Drive Vail, GO 81657 rt THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS 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 of the Municipal Code of the Town of Vail on December 28, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a Type ll Employee Housing Unit, at a proposed primary/secondary residence, located at 765 Forest Road / Lot E, Block 2, Vail Village 6'n Filing. Applicant: Nancy Adam, represented by Fritzlen Pierce Smith ArchitectsPlanner: Brent Wilson A requesl to amend the Vail Village Master Plan, regarding building height guidelines. Applicant: Zehren & AssociatesPlanner: George Ruther A request for a minor subdivision of Lot 4, Spraddle Creek Estates, lo revise the building envelope, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates. Applicant: Harvey KinzelbergPlanner: Jeff Hunt A request to amend the Town's "Public Accommodation" Zone District, Chapter 7 and amendments to Chapter 15, Gross Residential Floor Area (GRFA), Town of Vail Municipal Code. Applicant: Johannes Faessler, represented by Braun Associates, Inc.Planner: George Ruther A request for a conditional use permit to allow for a professional office in the Austria Haus, located at 242 East Meadow Dr./ Part of Tract C., Block 5D, Vail Village 1"t Filing Applicant: Ginger TofferiPlanner: George Ruther A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located at1325 Westhaven Dr., Westhaven CondominiumCascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther A request for a worksession to discuss a proposed arena expansion at the Dobson lce Arena, located a|321 East Lionshead Circle/ Lot 1, Block 1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District, represented by Odell ArchitectsPlanner: George Ruther A request for a major amendmenl to SDD #4, to allow for the use of the lennis facility for special events and conference facilities. located at 1300 Westhaven Dr. Cascade Villaoe Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlanner: George Ruther The applications and informalion about the proposals are available for public inspection during regular office hours in the project plannels office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign fanguage inlerpretation available upon requesl with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Departmeni Published December 11, 1998 in the Vail Trail. Monday, December2S, 1998 FINAL AGENDA Proiect orientation / LUNGH - communitv Development Department 12:00 p.m. Driver: KEH MEMBERS PRESENT Greg Moffet John Schofield Galen Aasland Diane Golden Ann Bishop Tom Weber Site Visits : 1. Kinzelberg - 1094 Riva Glen MEMBERS ABSENT Brian Doyon 1:00 p.m. 2. Austria Haus - 242 East Meadow Drive3. Presson - 520 E. Lionshead Circle George NOTE: lf the PEC hearing extends until 6.00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearino - Town Council Chambers 2:00 p.m. 'l . A request for a Type ll Employee Housing Unit, at a proposed primary/secondary residence, located at 765 Forest Road / Lot 8, Block 2, Vail Village 6,n Filing. Applicant: Nancy Adam, represented by Fritzlen, Pierce, Smith ArchitectsPlanner: Brent Wilson MOTION: Ann Bishop SECOND: Diane Golden VOTE: 5-0-1 (Tom Weber recused) APPROVED WITH 1 CONDITION: 1. Prior to the issuance of a building permit, the applicant shall submit a Type ll EHU deed restriction to the Town of Vail Department of Community Development. This document will be recorded at the Eagle County Clerk and Recorder's Office and will require that the employee housing unit be permanently restricted for employee housing. \2. A request for a minor subdivision of Lot 4, Spraddle Creek Estates, to revise the building envelope, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates. Applicant: Harvey KinzelbergPlanner: Jeff Hunt MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 APPROVED WITH 1 CONDITION: 1. That prior to the PEC chairperson signing the amended plat, the applicant shall submit to the Town of Vail Department of Community Development, a letter of approval to amend the building envelope on Lot 4, from the Spraddle Creek Architectural Control Committee. 3. A request for a conditional use permit to allow for a professional office in the Austria Haus, located aI242 East Meadow Dr./ Part of Tract C., Block 5D, Vail Village 1"r Filing. Applicant: Ginger TofferiPlanner: George Ruther MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 APPROVED 4. A request for a major amendment to SDD #4, to allow for the use of the tennis facility for special events and conference facilities, located at 1300 Westhaven Dr. Cascade Village Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlannbr: George Ruther MOTION: John Schofield SECOND: Ann Bishop VOTE: 6-0 APPROVED FOR RECOMMENDATION TO TOWN COUNCIL WITH 1 CONDITION: 1. That the applicant meet with the Town staff, prior to implementing and utilizing the tennis facility for special events and/or conference facilities, to determine a mutually agreed upon circulation plan for loading and delivery. The circulation plan shall be implemented prior to the use of the space. . 5. A request for a minor alteration in the CC2 Zone District, located at 520 E. Lionshead Circle / Lionshead Center Condominium #306. Applicant: Robert PressonPlanner: Allison Ochs MOTION: Ann Bishop SECOND: Diane Gotden VOTE: 6-0 APPROVED 6 A request to amend lhe Town's "Public Accommodation" Zone District, Chapter 7 and amendments to Chapter 15, Gross Residential Floor Area (GRFA), Town of Vail Municipal Code. Applicant: Johannes Faessler, represented by Braun Associates, Inc.Planner: George Ruther TABLED UNTIL JANUARY 11. 1999 Iroo' 7. A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven CondominiumCascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther TABLED UNTIL JANUARY 11, 1999 8. A request for a worksession to discuss a proposed arena expansion at the Dobson lce Arena, located al321 East Lionshead Circle/ Lot 1, Block '1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District, represented by Odell ArchitectsPlanner: George Ruther TABLED UNTIL JANUARY 11, 1999 9. A request to amend the Vail Village Master Plan, regarding building height guidelines. Applicant: Zehren & AssociatesPlanner: George Ruther WITHORAWN 10. Information Update 11. Approval of December 14, 1998 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign fanguage interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing lmpaired, for information. Com munity Development Department li. . MEMORANDUM Planning and Environmental Commission Community Development Department TO: FROM: DATE: SUBJECT: D ata"e' l'l,ttl6. August 24,1gg} :' A request for a worksession to discuss a major amendment to Special Development District #4, cascade Village, to allow for the use of the tennis facility for special events and conference facilities, located at 13OO Westhaven Cjrive, Vait Cascade Hotel & Club/Cascade Village Area.{..i.. Applicant: Vail Cascade Hotel & Club,Planner: George Ruther represented by Chris Hanen DESCRIPTION OF THE REOUEST The applicant, Vail cascade Hotel & club, represented by chris Hanen, is reque'siing a worksession to discuss a major amendmenl to Special Development District #4 (Casca-de Village) pursuant to Title 12, chapler gA of the Town of Vail Zoning Regulatioris.., The major amendment is intended to allow the Vail Cascade Hotel & Club to begin utilizifig. the existing tennis court facilities for special events and conference facilities. The Vail Cascade Hotel & Club is currently under contract with the Vail Valley Foundation to provide the use of the tennis facilities as the major press facility for the 1 999 Woild Alpine Ski Championships. In order to ulilize the space for the championships, SeVeral ' , costly building improvements are required in order to bring the building inlo compliance. with the Uniform Building Code and the Uniform Fire Code. To better justify thq. costs of . the improvements, the Vail cascade Hotel & club wishes to use the tennis 1q9-ility for' . other special events and conference{ypes of uses into the future after the Woild ' r Championships. In order to do so, a major amendment to SDD #4 must be apprdve.d by the Town of Vail. A copy of a letter dated August 17, 1998, from chris Hanen to George Ruthei hag.been attached for reference. This letter more completely explains the applicant's curreni"and future intentions. DISCUSSION ISSUES The purpose of this worksession meeting is to provide the applicant, staff afiupraiifing a Environmental commission with the opportunity to discuss the various aspects of the proposal and to begin to identify potential areas of concern. In reviewing the initial proposal, the staff has identified several issues for discussion. The issues for discussion include: lt. ,*,s@, u* tt^ .t . ^v!\ .o!F CtuU'and iennis facility is provided in the parking structure located within Area A.- \Ol- -,t{ ldf The utilization of the parking structure is at its maximum and can accommodate 0'l.alA '; , no more Parking spaces' ' ur-.f-li{\,t' The applicant believes that there will only be a minimal increase in parking. \".d.y" .dernand-resulting from the proposed special event and conference use of the ' . 1gH conferences will be accessory to the hotel and club, and that attendees of the \ Os-special events and conferences will be guests of the hotel. Therefore, as guests -i,rr.\ of the hotel, parking accommodations will have already been provided. r ,t{/ 4Ir*:., - \o' The Zoning Regulations further prescribe that a minimum of one loading/detivery* ,,)lS- ,f berth shall be provided. lt is anticipated that the large, concrete paved areav . _ -g located at the east end of the tennis facility will provide amble loadingidelivery \ . -r;1, .- space. No additional loading/delivery space is being proposed. .,'J}}' N*'%6*oes the Gommission agree or disagree with the applicant' s position on ' ' //]er both the parking and loadingldelivery situations? ls additional study or . /\{ analysis on this issue required prior to a final review? Should additional parking and/or loading/delivery be required and provided? Should it be on- site or is off-site a possibility? ls the applicant's managed parking proposal acceptable and reasonable? lf not, how might it be improved? Should any '- The tennis court facility is located in Area A of the cascade Village deveropment area. Other uses currently located within Area A include a 289 room hotel, residential condominuims available for short-term rent, a major health club facility, 20 - 25,000 square feet of conference space, restaraunts, a movie theatre and Colorado Mountain College. A mixed use hotel and fractional fee club is currently under consideration by the Town on the "ruins" development site. Does the Commission foresee any possible negative impacts of additional , -Vo"* conference facilities on the current or potential uses in the area surrounding ' i ''Y) the tennis facilityfphould a conference facilitity located within Area A be arf/-, permitted use by right, accessory use incidental to other permitted uses, or./ should the use be subject to the issuance of a conditional use permit? -\ ,. \ a# t2. lmpacts on traffic circulation. parkins and loadino/delivery ln)trz ! 2 y\6\ -.o The applicant is proposing to convert the use of the existing tennis facility to' \Dd, ' - . -rt\f-' special events and conference{ypes of uses from time to time on an as needed r,:-rrr N' basis. With the exception of building improvements required to ensure the public noip)'- t , - Iirl health and safety, no other building alterations are anticipated. No additional J\' .ir,$f ' parking is being proposed. faeilitv.with existinq and potential uses in the surrounding area. The Zoning Regulations prescribe that the conference use of a space shall require 1 parking space for each I seats, based on seating capacity, or maximum building. - occupancy, whichever is most restrictive. Parking for the Vail Cascade Hotel & o h, d[J{: *',^ !iA'#'J timitations be ptaced on the use tr*ou"n?rtf """n,"X ol attendees, time of year, etc.) of the tennis facility for special events and conferences to minimize potential negative impacts on parking? Public benefitS to the community When considering the establishment of, or an amendment to, a Special Development District, the applicant shall demonstrate that there are public benefils to the community of the proposal which outweigh any potential negative impacts when requesting deviations from the Town's development standards. The staff has identified the following public benefits of this proposal: 1. Increased tax revenue resulting from an increase in hotel occupancy 2. Increased opportunities to attract larger group conferences 3. lncreased competition for Vail in the competiiive national conference market 4. Increased exposure of Vail in the destination resort market resultino in repeat visits 5. Increased guest visits during the shoulder seasons Are there any other public benefits not identified by staff? Does the Commission believe that, in fact, the benefits identified by staff are actually public benefits which may outweigh potential negative impacts such as parking? Other Are there any other issues the Gommission wishes the applicant and staff explore and address prior to a final review of the current request? III. STAFF RECOMMENDATION As this is a worksession to discuss various issues of the proposal, staff will not be providing a formal staff recommendation at this time. Staff will however, provide a formal 4. recommendation to the Planning & Environmental Commission at the time of final review. A final review J:Bry"ral istentatively scheduled for Monday, September 14, 1998. brh.lJ 2r -l/| 'J ,'- -' \<t/ .\ vdf -Orv ,!y.\ -f-"-i qd'v August L7, 1998 Mr. George Ruther Town Planner Town of Vail 75 South Frontage Road Vail. CO 81657 Re: Vail Cascade Tennis Facility-l999 World Alpine Ski Championships and Beyond Dear George: This letter responds to your request for an informational outline of how the Vail Cascade Tennis Facility might be used for the 1999 World Alpine Ski Championships and porentially, other functions thereafter. In an effort to sinrplify this understanding of our needs, I will define potential uses into three categories. They are: In-House Functions These would be defined as group functions which would be housed within the Vail Cascade Hotel complex and would require no additional parking requirements than are typically required currently when we experience full occupancy, as we now do on a regular basis. The profile of such groups would likely be one large group occupying all, or the majority of, the hotel. They would most likely utilize our existing conference space for meetings and food' . functions and the tennis courts for tradeshows utilizing 8'x8' and 10'x10' exhibits. Exhibit space requirements could range in number from 40- 120 booths. The potential also exists that the tennis courts would be used for general session meetings for 300-600 people ltheatre style or classroom style meetings), or a combination of a general session and exhibits, which would allow exhibitors greater exposure to delegates, which is always a priority. It is possible that food could be served from warmer boxes (breakfast, lunch, dinners or coffee breaks). but not prepared, in the tennis facility. Town-Wide Functions This use would be very similar to the "in-house" use.describ{ abi:ve, with the exception that additional housing to that of the Vail Cascade Hote,l would bp,required,..resultirrg in atlditional occupancy requirements in the tennis courts and additional paikingrequiremems. It is ,. anticipated that this scenario might increase tenriis court occgparidy requiremints foi meetings up to the 500-800 range. Such a scenario might also.not require meeting space, but rather 13OO Westhaven Drive, Vail Colorado A1657 . 97Q.476.7'l1 1.-. lnternet' www.vailcascade.com Cuest Fax 970.479.7O2Q . Sales Fax 970.479.7025 r Fax on Demand 3O3.643.O1 99 -P--/- oesrrr.rArroN 'Z-t HorE Ls & RESoRrs & @8 tu",/T?? @*'d might allow each lodging propefiy to house guests, utilize each property's conference space for meetings and food functions and utilize rhe rennis facility for exhibits only. Parking challenges could be managed at the time of booking the group by requiring that shunle service be provided between properties, rather than allowing additional private vehicles to park in the Vail Cascade's parking facility. A similar situation which has successfully been managed each April for the past few years is that of the Future Business lraders of America (FBLA) group. In this instance, 20fi) + young adults dine in the Vail Cascade conference center space within a two and one-half hour period. These individuals are rransported via shuttle from a variety of Lionshead based lodging properties to Vail Cascade Hotel in a very organized and well-managed fashion, without incident. Special Events These types of functions rny or may not require lodging and would include community even6 such as the 1999 World Alpine Ski Championships, or could include other events such as musical concefts or other one time day or evening events accommodating up o 1000-1500 people. Outside events not utilizing lodging would likely present parking challenges which would need to be managed. Quite fiankly, other than the World Alpine Ski Championships, these types of events would be of very low prioriry and would not likely be the type of event which would be solicited. 1999 World Alpine Ski Championships The Vail Cascade Hotel and Club will serve as the Official Press Center Hotel and the Vail Cascade tennis couns are intended to serve as the Inrcrnational Broadcast Center during the championships, with set up beginning on January 3 and breakdown/deparnrre ffom the faciliry on February 22, 1999. The actual dates of the championship events will be from January 31 to February 14, 1999. This International Broadcast Center will require approximately 25,000 square feet of space to accommodate individual offices, studios, portable restrooms, limited food service and telephone service(s). Occupancy at any given time is not expected to exceed 200400 persons. This same facility served the identical function during the 1989 World Alpine Ski Championships and our understanding from those involved is that there were no access or egress issues or problematic incidents relarcd to access or egress. Sumrnary Given the premise that we will invest substantial capital in the tennis facility to meet current town codes in an effort to accommodate the World Alpine Ski Chanpionships, Vail Cascade is interested in using this facility upon occasion in furure years following the Championships for the aforementioned uses described in this letter. Although the Championships are an exciting event to host and will provide increased recognition for the Vail Valley in future years, the short-term benefis from an economic standpoint are minimal for our particular business. In fact, we estirnate that displaced revenue will amount to $1,70O,0O0 due to lost room (complimentary roorns, discounted rooms and ineff,rcient arrival/departure patterns), food, beverage and conference center rental revenue. As an example, conference space will be required prior to and following the Chanpionships for set up and breakdown. During this time, Vail Cascade is unable to utilize this space as a tool to sell hotel rooms, food and beverage to other $oups. Since 70% of our annual occupancy is generated by group business, this is important to us. However, Vail Cascade, in an effort to be a responsible participant within the commuiiry, is willing to support this event. Of those uses previously described, our primary focus would be to accommodate the "in-house functions" which would have minimal or no inpact upon parking requirements. Both "town wide events" and "special events" would represent a much lesser priority. As I have expressed to town representatives during our past meetings, we are not financially prepared to increase our capital commitrnent past current budget to improve the tennis facility as a pernulnent conference facility. we are not prepared, for example, to install pennanent restroorns. Since we do not envision a frequent need to use the tennis facility for conference related functions, we have discussed with the town the possibility of amending the SDD to limit the number of functions (conference/trade shows) allowed by the town each year in the tennis facility as a means of limiting some of the life safety related capital improvements which would be required by a more permanent facility. I would expect that a maximum of six (which would probably exceed our needs) functions per year would allow us reasonable latitude to accommodate our needs. It should be kept in mind that use of the tennis facility is not uncomplicated since it requires costly ($10-15,000) covering of the coun surfaces during each use, displacement of tennis members and financial concessions to them during special use periods, as well as other challenges which would make use of this space desirable only in a limited number of circumstances. We feel that the ability to use this space would make available to us a new market niche and enable us to accommodate those types of conferences requiring more facility than we currently have to offer. Vail Cascade currently offers 289 hotel rooms,70 rental condominiums and 20- 25,000 square feet of meeting space (varies winter to summer). Access to the tennis couns would provide an additional 28,000 square feet of facility. It would enable us to keep business in Vail which might otherwise be driven to Keystone Resort (77,000 square feet of meeting space, 16,000 of which is in one facility), Snowmass Conference Center (40,000 square feet) and other competitors. As an example, a member of our sales staff advised me today of a potential client (an Association) which has used the Snowmass Conference Center for the past five years and is looking for a new location. They would consider our facility for a July, 2000 conference. Without the tennis facility, we cannot accommodate this piece of business, but the client has expressed that we would be seriously considered if we could offer an additional 15,000 square feet of space. We have another potential piece of business for the month of April, 1999 which will advise us pending the outconre of whether or nor we can provide the tennis facility. Other examples of groups which we have lost due to a lack of space is anached. George, you requested tbat I provide an existing plan of the facility marked to indicate both the fire system design and the emergency lighting design. We are unable to provide this at this time since our director of reson maintenance is out of town until August 28. However, Mike McGee, along with other town staff members, has been directly involved in inspection of the facility and discussions with our Director of Reson Maintenance in developing life safery design options which would be accepuble in our facility. Mr. McGee has offered to auend the PEC hearing on Monday, August 24 to express his comfon level rrvith design options to date. It would be helpful if we could receive feedback from the PEC on Monday, August 24 to determine if our making irnprovements to this facility is economically feasible so rhat we can hopefully keep this project moving forward in an effort to be sufficiently prepared for the Championships in January, 1999. Thanks again for your cooperation and assistance with this process. should you have any qurytipns, please let me know. Managing Director Vail Cascade Hotel and Club LEGAL OWNERS AND N)DRESSES OF PROPERTIES SI'RROI'NDING TEE CASCN)N CLITB Westhaven Parcel: Westhaven Cascade LLC C/O Robbie Robinson 230 Bridge St. Vail, CO 81657 Condominium Association for Millrace Phase 2: Millrace Condominium Association, Inc. 1476 Westhaven Dr. Vail, CO 81657 Cornerstone: LO Westhaven, Inc. CiO 1300 Westhaven Dr. Vail, CO 81657 Attn: Chris llanen Liftside: Vail Cascade Condominiums, Inc. 1476 Westhaven Dr. Vail, CO 81657 Attn: Don Maclachlan Colorado Mountain Condominium Association: 1000 So. Frontage Road West Suite 100 Vail, CO 81657 Attn: Julie Grimm Vail Cascade Hotel and Club: LO Vail Hotel, Inc. C/O 1300 Westhaven Dr. Vail, CO 81657 Attn: Chris Hanen Cascade Club Condominiums. Units I and 2: L-O Westhaven" Inc. C/O 1300 Westhaven Dr. Vail, CO 81657 Attn: Chris Hanen Cascade Club Condominiums, Unit 3: Emerald AcresLLC C/OFred Otto P.O. Box 3149 Vail, CO 81658 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wilf hold a public hearing in accordance with Section 12-3-0 of the Municipal Code of the Town of Vail on August 24, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A final review of a conditional use permit for a proposed addition to the Vail Interfaith Chapel, located at 19 Vail Road/ Tract J, Block 7, Vail Village 1st. Applicant: Vail Interfaith Chapel, represented by Gwathmey/Pratt ArchitectsPlanner: Dominic Maudello A request for an amendment to a previously approved plan for the Timber Falls Development, located at 4469 Timber Falls CourVunplatted. Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther A request for a worksession to discuss a major amendment to SDD #4, to allow for the use of the tennis facility for special events and conference facilities, located at 1300 Westhaven Dr./ Cascade Village Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlanner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department tl i.i ,,\l, i- ' ^- t'' i' il '!,' J - \ . , .--'l )I [', \\ -''Utt ./ v" // .^ \r v /t\L\ rvl\\ t*v,r / mwFvAY o 'LANNTNGAND ENV'R.NMENrALcoMMrssroN l-tr.i vvr I Monday, August 24, 1998 FINAL AGENDA Proiect Orientation / LUNCH - Gommunitv Development Department MEMBERS PRESENT Greg Moffet John Schofield Galen Aasland Diane Golden Ann Bishop Brian Doyon Tom Weber Site Visits: 1. 2. Driver: 1. 2. o. Dominic NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearinq - Town Council Chambers 2:00 p.m. 1. A final review of a conditional use permit for a proposed addition to the Vail Interfaith Chapel, located at 19 Vail Road/ Tract J, Block 7, Vail Village 1st. Applicant: Vail Interfaith Chapel, represented by Gwathmey/Pratt Architects Planner:Dominic Mauriello MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0-1 (Brian Doyon recused) APPROVED WITH 5 GONDITIONS: Updatcd 8,/14 4pm 12:00 p.m. STAFF PRESENT Dominic Mauriello George Ruther Jeff Hunt Judy Rodriguez 12:45 p.m. MEMBERS ABSENT MD Five - 4469 Timber Falls Court Vail Village Club - 298 Hanson Ranch Road Vail Cascade Hotel - 1300 Westhaven Drive The approval is subject to Town Council approval of encroachments on the Town -owned stream tract . The applicant shall enter into an encroachment agreement with the Town of Vail for all new and existing encroachments on Town-owned property. No grading shall occur in the flood plain and all grading issues shall be worked out with staff prior to DRB approval. 2. Updalcd 8/14 4pm 4. That there be a provision to provide access to a streamwalk. 5. That parking be added if the basement is finished. A request for an amendment to a previously approved development plan for the Timber Falls Development, located at 4469 Timber Falls CourUunplatted. Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello MOTION: Galen Aasland SECOND: Brian Doyon VOTE: 6-1 (Greg Moffet opposed) DENIED A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther MOTION: Galen Aasland SECOND: Brian Doyon VOTE: 6-1 (John Schofield opposed) APPROVED WITH 14 CONDITIONS: That the applicant appear before the Town of Vail Design Review Board for a conceptual review of the proposed major amendment prior to appearing before the Vail Town Council forfinal consideration of the request. Anyand all issues identified by the Design Review Board at the time of the conceptual review shall be addressed prior to appearing before the Town Council. That the applicant submit a detailed contractor=s cosl estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant=s north property line underground, and that the applicant establish a financial bond with the Town of Vail in the sum of 125% ol the said relocating costs to insure the undergrounding of the utility line. That the applicant regrade and revegetate the knoll located at the northwest corner of the development site at the time of the final grading of the Westhaven Club & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be regrading to slopes not exceeding 3:1. The regrading shall be reviewed and approved by the Town Engineer. That the applicant provide Type lll Employee Housing Unit deed-restriclions , which comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code) for each of the 21 employee housing units, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Westhaven Club & Lodge. That the applicant submit detailed civil engineering drawings of the required off- site improvements (street lights, drainage, curb and gutter, sidewalks, grading, etc.) to the Town of Vail Public Works Department for review and approval prior to the issuance of a building permit. 3. 1. 2. J. 4. 5. o. 7. 8. Updatcd 8; l4 4pm That the applicant record a twenty foot (20') wide pedestrian/bike easement for that portion of pedestrian/bike path traversing the applicant=s property and as identified on the Topographic Map prepared by Intermountain Engineering Ltd., dated 12122194, and that said easement be recorded at lhe Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. That the applicant provide written documentation from the Public Service Company granting approval of the construction of the Westhaven Club & Lodge in the location identified on the site plan relative to the high pressure gas line. Written approval shall be granted priorlo the issuance of a building permit. That the applicant record an access easement along the east property line for that portion of the driveway and access and trash enclosure which encroaches upon the adjoining property and that said easement be recorded at the Office of the Eagle County Clerk Recorder. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. That the applicant explore alternatives to the proposed parking plan and provide all of the required parking spaces (58) on-site as requested by the Vail Town Council. That the final landscape plan and architectural elevations be reviewed and approved by the Town of Vail Design Review Board. That the approval of this major amendment to Special Development District #4 shall become lapsed and void one year from the date of a second reading of an ordinance amending the district, and that should the approval lapse, the applicant shall be required to remove the Aruins@ and restore and revegetate the site by no laterthan October3l, 1999. A bond providing financial securityto ensure that said removal occurs shall be required following second reading of an amending ordinance. lt shall be the applicant=s responsibility to provide a cost estimate of the removal work. The bond shall be a minimum ol 125o/o of the removal costs. 12. That the applicant revise and submit an amended site plan, landscape plan, and grading plan indicating improvements to the existing boulder retaining wall along the east side of the access driveway. Each of the plans shall be reviewed and approved by the Town staff and the Design Review Board. 13. That the surface parking lot be heated. 14. That the applicant pay-in-lieu for 10 parking spaces. A request for a CC1 minor exterior alteration and site coverage variance to the Vail Village Club, located at 298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1st. Applicant: Remonov, Inc., represented by Gies ArchitectsPlanner: George Ruther MOTION: John Schofield SECOND:Ann Bishop VOTE: 7-0 a tu. 11. 4. Updated 8/14 4pm . ) APPROVED WITH 1 CONDITION: 1. That the existing roof{op mechanical equipment be screened to staff's satisfaction. 5. A request for a worksession to discuss a major amendment to SDD #4, to allow for the use of the tennis facility for special events and conference facilities, located at 1300 Westhaven Dr./ Cascade Village Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlanner: George Ruther WORKSESSION - NO VOTE 6. Information Update 7. Approval of August 10, ''|998 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planneis office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department ORDINANCE NO.8 SER|ES OF 1995 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.7, SERIES OF 1993, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD NO. 4 THAT CONCERN THE DEVELOPMENT PLANS FOR THE WESTHAVEN CONDOMINIUMS (THE RUINS) DEVELOPMENT SITE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Gerald Wuhrman has requested an amendment to the existing Special Development District No. 4, Area A;and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No.4; and WHEREAS, he Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 7, Series of 1993 to provide for such changes in Special Development District No. 4, Cascade Village. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 1, Series of 1993, is hereby repealed and reenacted, as follows: Seclion 1. Amendment Procedures Fulfilled. Planning Commission Report. The approval procedures described in Chapter '18.40 of the Vail Municipal Code have been fulfilled, and the Tovvn Council has received the recommendations of the Planning and Environmental Cornmission for an amendment to the development plan lor Special Development District No.4. . Section 2. Special Developmenl District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3 Ghapter 18.46 Special Developrnent District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use ol an area in a manner that will be harmonious wih the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives ot the Town of Vail Comorehensive Plan Snenial f)ovolnnmant nisttat lr!l- 4 iS ere3tgd tO gngljre th3t:hg dCvClOpmCnl density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satistied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. 'Transient residential dwelling unit or restricted dwelling unit:'shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be des(]ned so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or batconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Chapter 17.26 Condominiums and Condominium Conversions. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square leet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Esrablished A. Special Developrnent District No.4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. special Development District No. 4 and the 97.955 acres may be referred to as "sDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Cascade vi11a9e Coldstream Condominiuns Glen Lyon Duplex Lots Glen Lyon Commercial SiteDedicated Open Space Roads TOTAL Area Known As Development Area Acreage A 17 .955 4.000c 29.100 1.800 40.400 4-700 97.955 18.46.040 Developmenl Plan-Required-Approval Procedure A, Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Comerstone sites shall be altowed one developrnent plan each. Development Area D shall be allored to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as delined in Section 18.46.103, 1-4. B. Amendments to sDD No. 4 shall comply with the procedures outlined in section 18.40. C. Each phase of developrnent shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 PermittedUses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The'trst floo/'or "sfeet level" shall be defined as that floor of the building that is located at grade or street level; 2. All other lloor levels besides first lloor street level may include retail, theater, restaurant, and office except that no protessional or business office shall be located on street level or first floor (as delined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an oflice space having a maximum square footage of 925 square leet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4- MultFfamily dwelting; 5. Single Family dweiling; 6. Two-Family dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 18.46.220: 9. Cascade Club addition of a lap pool or gymnasium. B. Area B. Coldstream Condominiums 1. Two-familydwelling; 2. Multi{amily dwelling. C. Area C. Glen Lyon Duplex Lots 1. Single family dwelling; 2. Two{amily dwelling. D. Area D. Glen Lyon Commercial Site 1. Retail: 2. Restaurant and bar: 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 ConditionalUses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A. Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shallbe a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than live weeks. 3. Special attraction; 4. Ski litts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or matl efee . B. Area B. Coldstream Condominiums 1. Public park and recreational facilities; 2. Skilifts. C. Area C. Glen Lyon Duolex Lots 1. Public park and recreational facilities; 2. Skilifts. D. Area D. Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253. 18.46.070 AccessoryUses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a horne occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily ancidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational tacitities cuslomarily incidental to permitted or conditional uses, and necessary to the operation thereol. B. Area B. Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.S8.130 through 18.S8.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities custornarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the nneratinn lhara^f C. Area C. Glen Lyon Duolex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections I 8.58.130 through 1 8.58.1 90. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D. Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 1 8.58.130 through 1 8.58.1 90. 2. Attached garages or carporls, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location ol Business Activity A. Alloffices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operaled and conducted entirely within a building, exc€pt for permitted unenclosed parking or loading areas, and the outdoor display ol goods. B. The area to be used for ouldoor display must be located directly in front of the establishmenl displaying the goods and entirely upon the establishments own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--DwellingUnits The number of dwelling units shall not exceed the following: A. Area A. Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B. Coldstream Condominiums Sirtv-five (65) rlwalling '-!nits C. Area C. Glen Lyon Duplex Lots One-hundred four (1 04) dwelling units. D. Area D. Glen Lyon CommercialSite Three dwelling units, two of which shallbe employee dwelling units as delined by the4. table in section 18.46.103F. 1 8.46.100 Density-Floor Area A. Area A. Cascade Village The gross residentialfloor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B. Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lyon Duplex Lots GRFA shall be calculated for each lot per Section 18.1 3.080 density control A and B for fie Primary/Secondary district of the Town of Vail municipal code. D. Area D. Glen Lyon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 CommercialSouareFootage A. Area A. Cascade Village Area A shall not exceed 35,698 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D. Glen Lyon CommercialSite Area D shall not exceed 16,730 sguare leet of office for Phase l, 1A & ll or 15,584 square feet of olfce for Phase lll per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan, 18.46.103 Development Statistics for Area A. Cascade Village. and Area D. Glen Lyon Commercial Site CHART 1: Area A .ti2,l':li?,'J?ir"e l+t-r ...Forlhepurpoeeso|ca|cu|a|ingGRFAlorth€ccarif'ps'ce|(Mi||noe|V),rrcc I W&HSmith.V..urnol pg1sil w\-a-l- " ekt'lt 7. for each enclosed pa*ing space, psr Section 13.46.21o(cXSXi, 1. OORI{EFSTOI{E AU or ln UJ GRFA Connrrdrl 8$|.]| F..f Ondt Prldng Crac.da Stuctl'td Frrtlng UniF 04 IR 28,110 53 EmploFe Lhitf 3 |,800 I |,r00 3 Ret il I I ,100 tl toT ul 0a Tn 28,1t0 fi,to gl z ry=nFetsLiftS A- Unirs 56 Employo€ Unils '| ,100 2 TOTA|''jS 2f a7,too 58 3. WEITI{AVEN oot{DoxrNlrfls Units 20 u.fio 40 -E6r*tv.c I lnit llH+--b----____J'wtx, TOTALS m 4fi 60 a. IUrrG. lll Unats 6,.r50 7 TOTAt.s 3 c,450 7 5. C..cd. qL Addhlon Scen io | (Wellness Conrer) ol Scenrrio 2 (Gymnasiwn) 4,500 4,500 2.5 0 TOT tS Scomrb I Sc.|.rlo 2 '1,500 4,500 zt5 6. PI|z! Otic.-925 TOTAL IAXIUI3|-O{ TF 50 I Oa,5CO 16,til6 4,5@ 2tt 82 CHART 2: PROPOSED PROJECTS 'Empby* Units rhrl not oount tow.rd donsity or GRFA for th€ purpose ot this SDD -Plszr sPace hls sleady been coumed 'of s. reldl prrting rogurr9mo||t. Tho no* prrting raquiromor is brled on ths dittersnca b€{weon lh€ €tril rnd otfica psking requir€moi|ts. '*Totd fiOures tsprgs€rn highesf donity 8nd cor n€rci.l spaco 8oenarios. ('uf) u; nou 7\1 rqsol \4, [f,ts 1€ 9 tln't | ?a*L--Q-).sP@ )- Po,^,4L 'I5O sp'un' I0'fnnn " llo 6r t- ' CHARTS:AREA A REQUIRED PARKING Parking for Completed Poects per Chart 1 in Cascade Parking Structure Parking Spaces 426.7 Proposed Projects w/ req. parking in the Cascade Parking Structure: Scenario 1 - Wellness Center OR Scenario 2 - Gymnasium Plaza Office 22.5 0.0 .07 Subtotal 449.9 Less 17.5% Mixed-Use Credit -78.7 Total Required Parking at Build-Out of Area A in Cascade Sfucture 371.2 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at BuiE-Out of Area A With 17.5% mixed-use credit 371.2 10 18.46.104 DevelopmentPlans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submined by the Glen Lyon Oflice Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Gornerstone, Cascade Club Addition Scenario 1 and2, Millrace lV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 'l1-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #'t.'t, dated 11-13-92, Site/Grading plan Gwathmey, pratt, Schultz. 3. Waterford, Sheet f2,1 , dated 1 1 -13-92, Plan Level 38/43' 3', Gwathmey, Pratt, SchulE. 4. Waterford, Sheet #2.2, dated t 1-13-92, Plan Level 48'-6'753'-0', Gwathmey, Pratt, Schultz. 5. Waterford, Sheet f2.3, dated 11-13-92 Plan Level 59'-0/64'-3" by Gwafimey, Pratt. Schultz. 6. Waterford, Sheet #2.4, dated 1 1-4-92, plan Level 69'-6"t4'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 1 1-13-92, Plan Level 80'-0'785'-3',: Gwathmey, Pratt, Schultz. L Waterford, Sheet #2.6, dated 11-13-92, plan Levelg0'-6" Gwathmey, pran, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, plan Level 101'-0" Gwathmey, pran, Schultz. 10. Waterford, Sheet f2.8, dated 1 i -13-92, plan Level 1 1 1'-6" Gwathmey, pran, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, ptan Levet 122'-0" Gwathmey, pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pran, SchulE. 14. Waterford, Sheet #3.2, dated 11-19-92, Elevations, Gwathmey, pran, Schultz. 15. Waterford, Sheet #4.1, dated i1-4-92, Sections Gwathmey, pran, Schullz. 16. Watertord, Sheet #4.2, dated 1 1-4-92, Sections, Gwathmey, pratt, SchulE. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, pratt, SchulE. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit ptans Gwathmey, pratt, SchutE. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit plans, Gwathmey, pratt, SchulE. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit plans Gwathmey, Pratt, SchulE. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit plans, Gwathmey, Pran, SchulE. 22. waterford, Sheet #9,5, dated 10-20-92, Unit ptans Gwathmey, Pratt, SchulE. 23. Cornerstone, Sheet#L-1, dated 11-13-92, Landscape Plan Dennis Anderson. 24. Cornerstone, Sheet #1, dated 12-21-92, Cascade Village Master Plan Gwathmey, Pratt, schulE. 25. Cornerstone, Sheet #2, dated 12-29-92, Floor Plans Gwathmey, Pratt, Schultz. 11 26. Cornerstone, Sheet #3, dated 12-29-92,Floor Plans, Gwathmey, Pratt, Schuttz. Schultz. 27. Cornerstone, Sheet#4, dated 12-21-92, Elevations Gwathmey, Pratt, Schultz. 28. Cornerstone, Sheet #5, dated 11-13-92, Site Plan/Grading Plan, Gwathmey, Pratt, Schultz. 29. Cascade Club Addition Site Plan, Roma, 10/10/88. 30. Cascade Club Floor Plan, Roma, 10/10/88. 31. Millrace lll, Sheet #1, dated 5/6/93, Site Plan, steven James Riden. 32. Millrace lll, Sheet #2, dated 4113193, Floor Plans for Single Family Residence, Steven James Riden. 33. Millrace lll, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 34. Millrace lll, Sheets #4 and #5, dated 3120193, Floor Plans for Duplex Building, Steven James Riden. 35. Millrace lll, Sheets #6 and #7, dated 5/6193, Elevations for Duptex Buitding, Steven James Riden. 36. Millrace lll, Sheet L1, dated 5/6i93, Site/Landscape plan, Steven James Riden. 37. Millrace lV, Scenatio l, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10t28/91. 38. Millrace lV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10t22t91. 39. Millrace lV, Scenario I, akla Cosgritf Parcel, Floor Plans Arnold Gwathmey Pratt, 10t23t91. 40. Millrace lV, Scenario l, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associaies. 41. Cosgritf Parcel, Survey, Alpine Engineering, Inc., 1O/31/g1 stamped. 42. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 618187. 43. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. M. Cascade Village Special Development District Amendment and Environmental lmpact Report: Peter Jamar Associates, Inc., revised 'npAgg. 45. The Ruins, site plan, Kathy Langenwalter, AlA, 1/16195. 46. The Ruins, basement and first floor plans, Kathy Langenwalter, AIA 1/16/95. 47. The Ruins, second and third floor plans, Kathy Langenwalter, AIA 1/16195. 48. The Ruins, elevalions and fourth lloor plan, Kathy Langenwalter, AtA 1/16195. 49. The Ruins, elevations, Kathy Langenwalter, AlA, 1/16195. 50. The Ruins, Survey, Duane Feheinger,1211l94. 51. The Ruins, Landscape Plan, Land Designs by Ellison, 2l2l91. - A maximum ol 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Unilorm Builcting Gode, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure thatthey are required by such codes. Area D. Glen Lyon CommercialSite 1. Area D Master Site Plan, Geodesign by Sherry Dorward, A2A90. 12 2. Landscape Plan for Area D, Geodesign by Sheny Donrard, A2A90. 3. Area D elevations, Geodesign by Sherry Donrard, 49/90. 4. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, fc.z, Pc.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheer A2.4 dated 12t13t89. 5. Vail Brewery Roof Study, Frank Freyer, 1/g/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, '11128188. 7. Glen Lyon Parking Garage Sections/Elevations, Roma,11128188. 8. Glen Lyon Condominium, Roma, 11128188. 9. Glen Lyon Condominium East Bui6ing, Roma, 11/28/88. 10. Deck Enclosure (Phase lA)to Glen Lyon Office Building, Pierce, Segerberg and spaeh, dared 9/20i90. 11. Landscape Plan, Phase lA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19i91. 12. Office Addition to Glen Lyon Office Buitding, Buff Arnold/Ned Gwathmey Architects August 25, 1989 SheeF Al through A4. 13. Cascade Village Special Development District Amendment and Environmental hpact ReporL Peter Jamar Associates, Inc., Revised 112A88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1989 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub-division, Eagle Valtey Surveying Inc. as approved by T.O.V. 16. VailBrewery Parking Analysis, TDA Colorado, Inc., August 10, 1998 and Vail Brewery Parking Analysis Update, TDA Colorado, Inc., January 1 6, 1 990 pages 1- 8. 18.46.1 10 Develooment Standards The development standards set out in sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each developrnent area to protect the integrity ot the development of SDD No. 4. They are minimum developmenl standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Serbacks A. Area A. Cascade Village Required setbacks shalt be as indicated in each development plan with a minimum setback on the periphery of the property ol not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmentrl Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall mainlain a minimum 20 foot setback trom the north edge of the recreational path along Gore Creek. B. Area B. Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lyon Duplex Lots 13 Required selbacks shall be governed by Section 18.13.060 SetbacK of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or linished grade (whichever is more restriclive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otheruise specified in approved development plan drawings. B. Area A. Cascade Village 1. The maximum height for the Westin Hotel, CMC Leaming Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 teet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of teet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 teet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace lll: A maximum of 36 feet. 6. Millrace lV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. L Cascade Entry Tower: A maximum of 36 leet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Duplex Lots The maximum height shall be 33 teet tor a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51o/" of the roof shall have a height between 32 and 40 feet. 49o/o ol the rool area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 SiteCoverage ln Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 41o/o ot the area may be covered unless othenrise indicated on the site specific development plans. ln Area C, no more than 25% ol the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of tre Vail Municipal Code apply. In Area D, no more than 37"/o ol the total site area shall be covered by buildings and the parking structure. 14 18.46.170 Landscaping At least the following percentages of fte total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas c and D, sixty percent, of the area shall be landscaped unless otherwise indicated on the site specific development plans. 18.46.180 Parking and Loading A. Area A. Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace lV, Scenario l, where 66.6ol" of required parking shall be enclosed in a building. lf the development table in Section 18.46.1 03 is amended, the parking requirements shall be amended accordingly. 2- There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, Sestion 18.52.20 has been applied to the total number of required parking spaoes in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum ol75/" of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 ot the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any patking reguirements lor accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located 0n their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace lll. 8. All loading and delivery shall be located witfrin buildings or as approved in the development plan. B. .Area B. Coldstream Condominiums Fitty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C. Glen Lyon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D. Glen Lvon Commercial Site 1. Phase l, lA and ll shall include 80 surtace parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase 1A shall include 15 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase lll shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structltre. All required parking tor the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-8. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and ll Monday through Friday. When Phase lll development occurs including he parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at anytime. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length ol 22teet. 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty{ive cents per square toot of the floor area in Development Area A; and at a rate not to exceed fitty cents per square loot of GRFA in Development Area B; and at a rate not to exceed lifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits, 18,46.200 ConservationandPollutionControls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at fie time of constuction. C. The number of fireplaces permitted shall be as set forth in Section 8.28 ol the Town of Vail Municipal as amended. D. ll fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circula$ng devices as technology exists at 16 the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental lmpact Report by Jamar Associates on Page u. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during tempelature inversions. lt shall be the brewery owner's responsibility to monitor inversions. l. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling uniF in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Arnenities and Approval Agreements lor Special Development Disrrict No. 4. A. The developer shall provide or work with the Town to provide adeguate private transportation services to the owners and guests so as to transport thern from the developrnent to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Viilage 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe/Park Meadows,1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the devetoper and Town ot Vait. This improvement shall be constructed when a building permit is requested for the Gornerstone, Millrace lll, Millrace lV, Westhaven Condominiums, Waterlord buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shalt be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace lll, Millrace lV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Gascade Club along Westhaven Drive and extends to t|e west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shallbe constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shail be part of the building permit ptans. The sidewalk shall be constructed subsequent to the issuance ol a building permit and 17 prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information lor the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released lor either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.190 A. 1-7, 18.46.200 A - F, I, J, 18.46.210 C, 1-3, and 19.46.220 shail be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records ot Eagte County. The developer shall be responsible lor submitting the written conditions to the Town Attorney for approval before a building permit is requested for the cornerstone, or Millrace lll, or Millrace lV, Westhaven Condominiums, or Waterlord buildings, or Gascade Club Addition. 5. Westhaven Drive The Town acknowledges that it has been paid the sum of $97,500.00 from other sources to be used by the Town for the repair and reconstruction of westhaven Drive. The Town further acknowledges that the title of westhaven Drive has been transferred to the Town. The date for the commencement of the repair and reconstruclion ol the right-of-way improvements shall be entirely at the discretion of the Town. should the Town not require the entire amount of the $97,500.00 for the repair and the reconstruclion of Westhaven Drive, the Town will fonrvard any amount remaining after all construction related costs have been paid in full to the parties originally contributing the $97,s00.00 who shall refund such amount pro-rata to the parties originally contributing the $97,500.00. 6. Millrace lV, Scenario l. a. The developer shall obtain an easement from the owners of tre property adjacent to the eastern boundary ot the property commonly called the cosgriff Parcel, which is more specifically defined in Exhibit A, attached to this ordinance and incorporated herein by reference. The easements shall be sutficient to permit the construction, maintenance and replacement of retaining walls for the purposes of grading and boulder retention all along the western property line of said adjacent property. The easement shall be in a form acceptabte to the Town Attorney, shall run with the land, and shall be recorded on the land records of Eagle County prior to Design Review Board review. b. The developer shall provide the Community Development Department of the Town with written consent from the upper Eagle Valley water and sanitation Districl permitting the encroachment of certain decks specified in the development plan for the Millrace lV condominiums, as set fortfr in section 18.46.140(19) ot ttris ordinance into their sewer easement recorded in Book 2'17, page 42g of the land records of Eagle county. This consent shall be submitted prior to Design Review Board review. c. The developer shall receive final approval of the site grading ptan for the construction of Millrace lV, Scenario l, from the Town Engineer prior to Design 18 7. Review Board review. d. The Millrace Condominium Map, recorded at Book 326, page 2S7, of ilre land records of Eagle County shall be amended so that the access easement shown thereon shall align with the present location of the roadway on the weslern property line of the cosgriff Parcel, and the amendment shall be recorded on the land records of Eagle County. e. The developer shall install 15 (6'-10) evergreens south ot the Soufl Frontage Road adjacent to the Cascade Club building, and 5 (6'-10') evergreens to the south of the Westhaven Apartment foundations and north of Westhaven Drive. The developer shall obtain the written approval of the Colorado Department of Highways (CDOH) permitting the installation ol these trees along the South Frontage Road prior to said installation. lf CDOH approval cannot be obtained, then a minimum of '10 (6'-10) evergreens shallbe installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete fie minor subdivision process for the Gosgriff Parcel and a subdivision ptat signed by the Town of Vail shall be recorded on the land records of Eagle County prior to the release of any building permiF for the construction of any structure on the Cosgritf Parcel. g. Landscaping along the south and west property lines of the Cosgritf Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan lurther tor compatibility with the surrounding area. i. The developer and the adjacent property oyyners shalt submit a landscape plan for the area north of the Cosgriff property to the Design Review Board lor review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgrifl Parcel, no credits of any kind (overlapping stairs, mechanical, etc.), except fot 300 sq. tt. to be allowed for each enclosed parking space, shall be given. Cornerstone a. Before the building permit is released tor the project, the developer shall permanently restricl three employee housing units in accordance with Section 18.48.220 of this ordinance. b. The landscape plan set forth in the development plan for Cornerstone between the Terrace Wing and Cornerstone building shall be revised prior to the review ol the project by the DRB in the lollowing ways: 1. For emergency services, an access tane shall be provided from the western courtyard to the ski lift. 2. lf deemed necessary by the developer and the Community Development Department statf, the water tealure on the landscape plan may be removed or revised. The landscaping in this area shallbe part of he Cornerstone development, and, therefore, it is the Cornerstone developer's responsilility to complete this portion ot the project prior to the release ol a final Certificate ot 19 a Occupancy for the project. These plans shall be included in the building permit tor the Cornerstone development. c. After the Town of Vail has tifle to Westhaven Drive, it shatl convey tifle to the developer tor the area of Westhaven Drive under which parking is located for the Cornerstone project. The amended minor subdivision plat shall be submitted by the developer before a building permit is released for the Comerstone site. The developer shall dedicate an access easement to the Town over this portion of Westhaven Drive. d. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail MunicipalCode. e. Those spaces allocated to commercial areas as short term public parking shatl be permanently restricted for the use of the Cornerstone project. All required parking associated with the uses shall not be conveyed, used or leased separately from the uses. Public parking on the westhaven Drive level ol the Cornerstone project shall be made available to the public for short term parking. L Waterford a. The developer shall permanently restrict the tow employee housing units provided in the Waterford Development Plan in accordance with Section 18.46,220 of this ordinance. b. A minor subdivision plat shall be completed and recorded prior to the release of any building permits for either the Cornerstone or Waterford developments. c. The recreation path shall be relocated as set forth on the development plan and shall be amended on the minor subdivision plat lor the Waterford and Cornerstone lots to correspond to the new location. d. The DRB will review the landscaping in the areas of the retaining walls on the west and east ends of the site. The DRB will review the north elevations architectural details. The applicant shall review the possibility of eliminating the skier access on the east end of the project. However, if the applicant can significantly decrease the retaining walls necessary to build the access. the skier access may remain. e. Allfireplaces shall be gas logs permitted pursuant to section g.2g of the Vail Municipal Code. The Ruins / Westhaven Condominiums a. Allconstruction shallconform to the development presented to the planning and Environmental commission on February 27, 1ggs, and to the drawings identified in Section 18.46.140 (development plans) numbered 4S-S1. b. Prior to the issuance ot a building permit, the applicant shall sign Tloe lll EHU Deed restrictions for the 't7 employee housing units. The deed restrictions shall be modified to allow floor area requirements to be less than 450 sq. ft. ln addition to the restriclions included in the Type ill EHU deed restriction, the applicant agrees to future restrictions that the Town will adopt that pertain to deed restricted employee housing, including, but not limited to, a firee percent cap on resale price, requirements that employee housing units have a reduced homeowners 20 c. association fee relative to free market units;and requirements pertaining to resale procedures . Prior to issuance ot the building permit, civil engineering plans for road improvements must be reviewed and approved by the Town of Vail Engineer. Road improvements shall include curb and gutter from the eastern edge of the bike path to the western edge ol the curb cut servicing this property. Prior to the issuance of a building permit, the applicant shall dedicate an easernent for the bike path that cro$ses this property. Prior to an issuance of a temporary certificate of occupancy (TCO) the applicant shall regrade and revegetate the berm adjacent to tlris site, in the Colorado Department of Transportation (CDOT) right-of-way, so that its northern slope does not exceed 2:1. Prior to the issuance of a TCO, the applicant shall remove the two utility poles in the CDOT right-otway and shall bury the utility line to the third utility pole west of this property. Prior to the issuance of a T.C.O., a sidewalk shall be constructed that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the nest in tront of the Weslhaven Building to connect with the recreational path to Donovan Park The entire building, including the garage, must be sprinkled. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town ol Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate ol occupancy for either the brewery addition, office expansion excluding Phase lA, east office building, or parking strusture. The developer andlor owners ol area D shall be responsible lor maintaining the new bus lane, including snow removal. lf the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan lor Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase lA, east offioe building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate ol occupancy for either the Brewery addition, office expansion excluding Phase lA, east oflice building or parking structure. d. e. s. D, 21 3. The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, excluding Phase lA east otfice building or parking structure. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the lormation of a local improvement district of other linancing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location lor the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase lA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the south Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either phase I excluding phase lA, ll, or lll construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F - K, 1 8.46.210 D, 1 -7, and 18.46.220 shall be set lorth in restictive covenants subject to fte approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible lor submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion excluding Phase lA, east otlice building, or parking structure. 9. The minor suMivision for Area D shall be developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD No. 4 development plan and governed by the SDD No. 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor suMivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 n development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements Ol Tenants in Common", "Conveyance of Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No.4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of developrnent Area D as well as obtaining approval from the Town of Vail lor the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 ol the Town of VaitZoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval ot the Town Anorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for subrnitting the written conditions to the Town Attorney belore the minor subdivision is recorded on the land records of Eagle County. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm delection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released tor Phase I excluding phase lA or ll, 11. The developer shall submil a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase l, excluding lA, ll, and lll are presented to the Town of Vail Design Review Board for final approval. '12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 18.46.220 Emptoyee Housing The development of SDD No.4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the develope(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shallbuild a minimum ol 17 employee dwelling units witrin Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Waterford Building. Each employee dwelling unit in the Westhaven Condominium Building shall be deed restricted as a Tyce lll EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling uniF in the Waterford Building. One shall be a minimum of 300 sguare feet and the other a minimum of B(D square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the a approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA ol795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet, The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Section 18.57, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. 18.46.230 TimeReouirements SDD No. 4 shall be governed by the procedures outlined in Section 1 8.40.120 of the Town of Vail Municipal Code. Section 4. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 mat any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws,'orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or pan thereof, heretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day ol April, 1995, and a public hearing shall be held on this Ordinance on the 18th day of April, 1995, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 24 ATTEST: (.Fi.u pt' tno [tt' fuutnt--' olly L.'Mcoutctreon, Town Clerk RE%)\fp.{ppRov?Brf sEcoND READING t' * ' mis Jdhaay or ATTEST: /^:l. / t- (,1 owl rf rh o 0 t++ r, Lr, rt Holly ll. 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A regular meeting of the Vail Town Council was held on Tuesday, September 6,'1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P,M. MEMBERS PRESENT:Merv lapin, Mayor Pro-Tem Paul Johnston Sybill Navas Jim Shearer Tom Steinberg Jan Strauch Peggy Osterfoss, Mayor Bob Mclaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Hollv McCutcheon. Town Clerk MEMBERS ABSENT: TOWN OFFICIALS PRESENT: The first item on the agenda was Citizen Participation of which there was none. Second on the agenda was a Consent Agenda consisting of the following items: A. Approval of the Minutes for the meetings of August 2nd and 16th,7994. B, Ordinance No, 17, Series of 7994, Znd Reading, an Ordinance amending Section 1E.04.130, Floor Area Gross Residential (GRFA), allowing area within multi-family buildings to be used for employee housing. C. Ordinance No. 18, Series of 1994, Second Reading, an ordinance vacating the utility and drainage easement on Lot 6, Bighorn Estates, Town of Vail, Colorado. D' Ordinance No. 19, Series of 1994, Second Reading, an Ordinance vacating a right- of-way and sewer easement, and creating pedestrian and right-of-way easement, water line easement, public access, drainage and utility easement by plat. E' Ordinance No.20, Series of 1994, Second Reading, an Ordinance creating a utility easement for the Covered Bridge Building. A motion was made by Tom Steinberg to approve the Consent Agenda, with the exception of items B and E, Ordinance Nos. 17, and 20, respectively. Jan Strauch seconded the motion. A vote was taken and passed unanimously, 6{, At that time, discussion proceeded regarding A$tla illlt'l7*Andy Knudtsen and Mike Motlica reviewed the details of Ordinance No. 17. fay Peterson explained that amending the code provided another avenue to create employee housing units within the town, and using that approach was less complicated than going through the variance process. Jay further stated tOV staff and PEC felt comfortable with Jay's approach. Tom Steinberg expressed two concerns: 1) losing conference space and recreation facilities, and 2) creating special privilege. Andy stated that Community Development had been approached by two other complexes interested in converting common space to employee housing, Jan Shauch moved to approve Ordinance No. 17, with a second from Jim Shearer, Further discussion centered around hotel conversion, density change, and parking requirement issues. Paul Johnston called the question. A vote was taken and pas*d 4-2, Merv and Tom voting in opposition. Consent Agenda item E., Ordinance No. 20, was then discussed. Tom Steinberg moved to approve Ordinance 20, with a second from Jan Strauch. Merv requested language Ue iaaea to assure the building owner would not remonstrate against the Town. Art Alpenalp stated he didn't feel his client would have any problem with such language, Tom Moorhead stated that an easement agreement, which was not a Part of the Ordinance, would be entered into and the language would be incorporated into that agreement. A vote was taken and approved unanimously, 6-0, Item No' 3 was Ordinance No, Ordinance No. 15, Series of 1994, 7st Reading, an Ordinance restricting the sale or possession of assault weapons, A motion was made by Paul Johnston, and seconded Jim Shearer to aPProve Ordinance No. 15. A vote was taken and pasied unanimously, 6-0. Flr" [ 0EPy Vail Toon Council Evening Meeting Minute:090d94 Iten No. 4 was First reading of Ordinance No. 21, Series of 1994, lst Reading, an Ordinance amending Chapter 1E,04, settiirg forth definitions for active outdoor recreation, interpretive nature walks, nature preserves, passive outdoor recreation, private, pubLic, quasi-public, and changing the section number of recreation structure; amending Chapter 18.36, Public Use District; amending Chapter 18.38, Greenbelt and Natural Open Space District; and creating Chapter 18.33, Outdoor Recreation DistricU and setting forth deails in regard thereto. [Based on extensive discussion/modifications/additions from the afternoon's worksessionl Tom Steinberg made a motion to table Ordinance No. 21 to the next evening meeting. Paul Johnston seconded the motion. A vote was taken and passed unanimously, 64. Itenr No. 5 was a sign variance request by the Roost Lodge. George Ruther displayed a drawing of the proposed sign and referenced a memo dated August '17, '1994, to the DRB from the Department of Community Development. George explained the request in detail and stated that staff recommended approval of the request. Comments from Council Members included a concern that granting a variance could set a preceden! proposed sign would be a great improvement; and possibility of increasing the size of the proposed sign, Paut Johnston moved to grant the sign variance as recommended by staff. Jan Strauch seconded the motion. A vote was taken and passed unanimously, 6-0. Item No. 6 was the Lifthouse lodge Appeal. The Town Council wished to review the PEC's recent approval of setback and site coverage variances and a major exterior alteration in the Commercial Core II (CCII) zone district for the Lifthouse Lodge, located at 555 East Lionshead Circle, legally described as a portion of l,ot 3, Block 1, Vail Lionshead, 1st Filing. Bob Lazier, applicant, Galen Aasland and Jay Peterson were present, Jim Curnutte referenced two memorandums dated September 6,7994, to the Town Council from Community Development, and August 22, 1.994, to the PEC from Community Development. Paul Johnston moved to uphold the decision of the PEC, with the condition that two sets of windows be installed on the east side of the building as shown on the applicant's color rendering, unless an engineering report reveals that the structural integrity of the building would be threatened, then one set of windows on the east side of the building will be allowed. Jim Shearer seconded the motion. A vote was taken and passed unanimously, 6-0. Item No. 7 Presentations Re: 1995 Contract,/Dues/Leases: a. WTCB Information Booths and Special Events. b. ABCRA Information Booths. Merv stated the Council would hear both presentations, but would not make a decision until a presentation from the Vail Valley Marketing Board submits its funding request on September 20 at a Council worksession. FrankJohnson, representing the WTCB, presented a proposal to operate the Vail Information Booths, manage and produce certain Town of Vail special events, and form better events communication and reservation system for 1995. Kate Collins of the ABCRA explained the organization, and presented a proposal to manage the Vail Information Booths for 1995, and suggested a more regionalized approach to include Avon, as the information center there was already operated by the ABCRA. Item No. 8 was a report by the Town Manager, Bob stated he had nothing to add to his memorandum, which had been included in Council packets. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at approximately 10:00 p.M. Respectfully submitted, t,-' td{ Merv lapin, Mayor Pro-Tem ATTEST: Minules taken by Holly L. Mc0utdleon Vail Town Council EyeninC Meeting MinureB 09/06y94 MINUTES VAIL TOWN COUNCIL MEETING AUGUST 76,7994 7:30 P.M. o?rt COP Y A regular meeting of the Vail Town Council was held on Tuesday, August 16, "1994, in the Council chambers of the Vail Municipal Building. The meeting was called to order at 7:30 p.M. MEMBERS PRESENT:Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Paul Johnston Sybill Navas Jim Shearer Tom Steinberg Jan Strauch Bob Mclaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk TOWN OFFICIALS PRESENT: The first item on the agenda was Citizen Participation. Thea Rumford, who resides at 675 Forest Road, expressed her concern about noisy snowcats using Forest Road to access Vail Mountain. Ms. Rumford referenced a proposed bridge which was slated for the 95-96 ski season as an alternate route for snowcats, and stated Forest Road residents did not want to be forgotten. Tom Steinberg said he had toured the site with Vail Associates personnel and discussions were taking place regarding plans to remedy the situation. Paul Johnston questioned land ownership of the proposed bridge site. Merv l-apin thought the land was owned by the Town. Mayor Osterfoss stated the issue of land ownership would be addressed. Second on the agenda was Ordinance No. 16, Series of 7994, Znd Reading - Supplemental Appropriation to Purchase Trapper's Run. Steve Thompson explained the details of the ordinance, stating the land would be purchased {rom two funds: the general fund $706,000; and the capital projects fund, $1.87 million. Merv Lapin moved to approve Ordinance 16, with a second by Tom Steinberg. A vote was taken and passed unanimously, 74. Item No. 3 was Ordinance No. 17, Series of 1994,1st Reading, an Ordinance amending Section 18.04.130, Floor Area Gross Residential (GRFA), allowing area within multi_family buildings to be used for employee housing. Andy Knudtsen referenced a memorandum dated luly 25,1994 to the PEC, detailing the request from Jay Peterson to amend section 18.57 of the Town Code, Andy explained the proposed ordinance would amend the definition of GRFA to allow common area to be converted to Type III and Type IV employee housing units, as conditional uses. Andy and Mike Mollica continued answering questions pertaining to the details of the ordinance and stated the PEC had recommended approval of the ordinance. Jay Peterson explained he felt the ordinance would be beneficial not only to his project, but to others as well. Council members discussed their positions with regard to the ordinance, and requested the last line in section 8.2.(h) be changed to itate that in cases where housing would be converted back to common area. the Town would require the employee housing units be replaced within the town of Vail. A motion was made by Sybil Navas to pass Ordinance No. 17 with changes. Paul Johnston seconded the motion. Tom feared the ordinance would create the potential to convert convention/meeting space, as well as athletic club facilities into employee housing units. Merv expressed concern about increased density. A vote was taken and passed, 5-2, Tom Steinberg and Merv l,apin opposed. Item No. 4 was Ordinance No. 18, Series of 1994, first reading, an ordinance vacating the utility and drainage easement on Lot 6, Bighorn Estates, Town of Vail. Colorado, Greg Hall expliined the d-etails of the ordinance and answered questions from Council members. Paul suggested submitting a plat with first r"ading. Merv Lapin made a motion to approve Ordinance No. lS on first reading, ind directed staff to produce an illustration by second reading. Jan Strauch seconded the motion. A vote was taken and approved unanimously, 74. Item No. 5 was Ordinance No, 19, Series of 1994, first reading, an Ordinance vacating a right of wav and sewer easement, and creating pedestrian and right of way easement, water line easement, public access, drainage and utility easement by plat. Greg informed Council of the location of the easement on a Plat map and explained the ordinance was in accordance with an SDD for the Lifthouse project. Paul Johnston moved to aPprove Ordinance No, 19, with a second from Tom Steinberg, Aftir brief discussion, a vote was taken and passed unanimously, 7-0. Merv directed staff to inforri Council by second reading if GRFA would be increased. Item No' 5 was Ordinance No. 20, Series of 1994, first reading, an Ordinance creating a utility easement for the Covered Bridge Building. Greg explained the details of the ordinance, ind statei Exhibit A was not included, but would be available for second reading. Jan Strauch moved to Va;l Town Council Evenins M€chns Minut€s olylg94 V ( ( 7.l WHEREAS, the availability of housing plays a critical working conditions for the community's work lorce; and, definition of GRFA and flexible: and. WHEREAS. v ft** fu4 l>'nLlL( ;"ilifiryffi;ilffi ffi .,; w 4^v r.nmen,a, ry,ffif-ff::dg:1f::: ability to use common area within mult buildings more lowed under language provide another f'r * herx Cr ordinance * tt' :::ffi;:":?31 sepLetnber 6, 1994 OF VAIL. COLORADO THAT: Section 1 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum ol two spaces for each allowable dwelling unit permitted by the zoning code. A,,f- {' 1q"*Jru^ S,it'-' \ .J,.^^- 1 .-.\rrrn,i f''u l^'"4' ORDINANCE NO. 17 Series of 1994 AN ORDINANCE AMENDING SECTION 18.04.130, FLOOR AREA GROSS RESIDENTIAL (GRFA), ALLOWTNG COMMON AREA WTTHTN MULT|-FAMILY BUTLDTNGS TO BE USED FOR EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO. * role in creating quality living and WHEREAS, the Town Council believes that the following amendments will make the 7*L 4'\A 2,"*d -u.d,y 2.Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GFIFA provided the trusses are spaced no greater than thirty inches apart. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twentyjive percent ol the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and lully open from floor to ceiling with an allowance for a railing ol up to three feet in height. GRFA shall be calculated by measuring the total square tootage of a building set forth in Section 18.04.130 above. Excluded areas as set forth in subsection A, shall then be deducted from total square footage. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part ol the following spaces, provided such spaces are common spaces and that the total square footage of all the following spaces shall not exceed thirty{ive percent of the allowable GRFA permitted on the lot. Common hallways, stairuays, elevator shafts and airlocks; Common lobby areas; Common enclosed recreation facilities; Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation ol such mechanical systems; Oldinance No. 17. series of 199{ second Readlng septernbe! 6, 199 4 3. B. a. b. c. d. 3. 4. e. Common closet and storage areas, providing access to such areas is from common hallways only; f. Meeting and convention facilities; S. Office space, provided such space is used exclusively for the management and operation of on-site facilities. h. Floor area to be used In a Type lll or a Type lV Employee Housing Unit (EHU) as defined and restricted by Chapter 18.57, provided said EHU tloor ar6a shall not exceed 60% of the 35% common area allowance deflned by Section 18.04.130b.2. above. Any square footage for the Type lltor Type lV EHU's which exceed$ the 60% maximum of allowed cornrnon area shall be included in the calculation of GRFA. lf a property owner allocates common area for ths purpo$e of employee housing, and subsequently requests a common area variance, the Town shall require that the housing area be convertgd back to coflIilofl u$os and that the employee housirtg unit$ be reptaced wathin the Tontn of vail. Any square footage which exceeds the thirty{ive percent maximum ghall be included in the calculation of GRFA. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty-five square feet, providing such unit has direct access to the outdoors. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. Attic space with a ceiling height ol five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members ol the roof directly above. Attic areas created by construction ol a roof with trusstype members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart' Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside ol structural floor members of the floor/ceiling assembly above. Roofed or covered decks, porches, terraces, patios or similar features or ordinance No. 17, Serles of 1994 second Readlng sepLember 5, 19 94 6. 7. spaces with no more than three exterior walls and a minimum opening ol not less than twenty-five percent of the lineal perimeter ol the area of said deck, porch, lenace, patio, or similar feature or space provided the opening is contiguous and fully open from lloor to ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subseclion B. shall then be deducted from the total square footage. (Ord. 15 (1991) 51: Ord.37 (1990)S1: Ord.41 (1982) S 1A: Ord.37(1980) S 1(part).) -EDITOR'S NOTE: The provisions ol this section shall not be effective for any application for development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1 , 1991 . Section 2 lf any part, section, subsection, senlence, 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 lor the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, ordinance No. 17, serles of 1994 second Readlnqr sepLembe! 6, 19944 any violation that occurred prior to the etfective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal 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 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 lN FULL, this _ day of 1994. A public hearing shall be held hereon on the _ day of 1994, at the regular meeting of the Town Council ol the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, MaYor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of --, 1994. Margaret A. Osterfoss, MaYor ATTEST: Holly McCutcheon, Town Clerk ordlnance No. 1?, series of 199{ s€cond Readlng seDrenber 5, 1994 u J,*- ntu'h . n*lu1 *^u,1.* [ ''<-.*"-t t<, Dy th 6 -.-, rlu-o o,-- 1'd, ORDINANCE NO. 17 Series ol 1994 AN ORDINANCE AMENOING SECTION 18,04.130, FLOOR AREA GROSS RESIDENTIAL (GRFA), ALLOWING COMMON AREA WTIIIN MULTI.FAMILY BUILDINGS TO BE USED FOR EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the availability of housing plays a critical role in crealing quality living and working conditions for the community's work force; and, WHEREAS, the Town Council believes that the following amendments will make the definition of GRFA and the ability to use common area within multi-family buildings more llexible: and. WHEREAS. the flexibility allowed under the proposed language will provide another incentive tor the privat€ sector to provide employee housing; and, WHEREAS, in accordancs with S€ction 18.66.140 the Planning and Environmental Commission had a public hearing on the proposed zoning amendment and has submined its recommendation to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 18.04.130 Floor are8, gross residential (GRFA)' Gross residential lloor area (GRFA) means the lotal square lootage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shatts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. A. Within buildings containing two or fewer dwelling units, the tollowing areas shall be excluded f rom calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum ol two spaces for each allowable dwelling unit permitted by the zoning code. b h^'J. 4^7.zLa qn il-" J,L 4u Dr{ Fr7 k] t .J<"\ a--"*-.1.--,.*-* & p^-l JJ^-,/^ nL.."-/,J L"n cz- 6'-tt &/L a r-=",,.(1 /* r.4*rLt /LF oI PrA"*/EL Z--9 /'/ ru"/ B. 2. Attic space with a ceiling height ot tive f€et or less, as measured from the top side of the structural members of the floor to the underside ot the structural members ol the rool directly above. Attic area crsated by construction ol a rool with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with tiv€ feet or less ot ceiling height, as measured trom the surface of the earth to the underside of structural floor members of the fl oor/ceiling assembly above. 4. Roofed or covered deck, porches, tenaces, patios or similar fealures or spaces with no mors than three exterior walls and a minimum opening of not less than twenty-five percent ol the lin€al p€rimeter of ths area of said deck, porch, terrace, patio, or similar f€ature or space provided the opening is contiguous and fully open trom tloor to ceiling with an allowance lor a railing of up to three test in height. GRFA shall be calculated by measuring the total square footage ol a building set forth in Section 18.04.130 above. Excluded areas as set forth in subsection A, shall then be deducted trom total square footag€. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: Enclosed garages to accommodate on-site parking requirements. All or part ol the following spaces, provided such spaces are common spaces and that the total square tootage of all the tollowing spaces shall not 6xc€ed thirty{ive percent of the allowable GRFA permitted on the lot. a. Common hallways, stairways, elevator shafts and airlocks; b. Common lobby areasi c. Common enclosed r€creation taciliti€s: d. Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow tor the maintenance and operation ot such mechanical systems; 1. /sf t. Common closet and storage areas, providing access to such arsas is from common hallways only; Meeting and convenlion lacilities; O,ffice space, provided such space is used exclusively for the management and op€ration ol on-site facilities. Floor area to be us€d in a Type lll or a Type lV Employee Housing Unit (EHU) as delinod and resldcted by Chaptsr 18.57, provided said EHU floor area.shall not exce€d 00% of the 35% common area allowance defined by Section 18.04.130b.2. above. Any square tootage tor lhe Type lll or Type lV EHU'S wfilch exca€ds the 60"/" maximum of allowod common arEa shall be included in the calculation ol GRFA. r a pfoporty ourer rllooabr comflton rca tor the purpo3e of employos houslng, rnd subsequsnlly requ€sts a common ar€a vsfianoe, tho lown shsll lequire that the area be @nverlsd h. back to common u*3 rt the employee housing unlt3 be vtW* tL Ti,^ o{replacsd Any square footage which exceeds\e thirtyjive percent maximum shall be included in the calculation ol GRFA. All or part of an airlock within an accommodalion or dwelling unit not exceeding a maximum of twenty-five square feet, providing such unit has direct access to the outdoors. Overtapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. Attic space with a ceiling height ol five teet or less, as measured trom the top side ol the structural members of the tloor to the underside ol the structural members of the root directly above. Anic areas created by construction ol a roof with truss-type members will be excluded lrom calculation as GRFA provided the trusses are spaced no grealer than thirty inches apart. Crawl spaces accessible through an opening not greater than twelve square feet in area, with live teet or less ot ceiling height, as measured from the surface of the earth to the und€rside of structural floor members of the floor/ceiling ass€mbly above. V*/, 4. o. /t/ 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twonty-live percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar lsalure or spacs providgd thg opening is contiguous and fully open from floor to ceiling, with an allowance for a raiting of up to three feet in heighl. . GRFA shall be calculated by measuring lhe total square tootage ot a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be d€ducted from the total square footage. (Ord. 15 (1991)51: Ord. 37 (1990) 51: Ord.41 (1982) $ 1A: Ord.37(1980) S 1(pan).) 'EDITOR'S NOTE: The provisions ol this ssction shall not b€ etfectivg for any application lor developmenl which has been submitted to the department of community development, and acceptsd by ths samo, on or before July 1, 1991, unloss agreed to by the applicant submitllng the application before Julv 1. 1991. Section 2 It any part, section, subsection, senlence, clause or phrase ot this ordinance is lor any reason held lo be invalid, such decision shall not effect the validity ol the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part. section, subsection, senlence, clause or phrase thereol, regardless of the fact lhal any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby ,inds, determines and declares that this ordinance is necessary and proper for the health, salety and welfare of the Town ot Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactmenl of any provision ot the Vail Municipal Code /s/ as provided in this ordinance shall not atfecl any right which has accrued, any duty imposed, any violation that occurred prior to th€ €ffective date hereof, any prosecution commenced, nor any other action or proceeding as commenc€d under ot by virtue of the provision repealed or repealed and reenacted. The r€peal of any provision hereby shall nol revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5 All bylaws, ord€rs, resolutions and ordinances, or parts thereof, inconsistent herewith ar€ r€pealed to the €xtent ohly of such inconsistency- This repgaler shall not be construed to revise any bylaw, order, resolulion or ordinance, or part thereol, theretotore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE lN FULL, this - day ot - 1994. A public hearing shall be held hereon on the - day ol - 1994, at the regulEr me€ting ol the Town Council ol the Town of vail, Colorado, in the Municipal Building of the Town. Margarel A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ ANO APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day ol _, 1994. Margaret A. Ostertoss, Mayor ATTEST: Holly McCutcheon, Town Clerk /tl TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department July 25, 1994 A request for an amendment to Section 18.57 of the Town Code, Employee Housing, to allow for common area to be housing. Applicant: Jay PetersonPlanner: Andy Knudtsen of Vail Municipal used for employee I. BACKGROUND ON THE REQUEST Jay Peterson, the developer of 44 Willow Place, is proposing changes to the Zoning Code regarding employee housing units. When his project was originally designed, he included three employee housing units. He had used all of the GRFA in the project for the three dwelling units and had proposed using common area for the employee housing units. At the time, the Code did not allow this to be done. The options Jay presented to the Planning and Environmental Commission (PEC) at the time of approval included: Delete the employee housing units and turn the area into common storage; Propose an SDD to allow the employee housing units; or, Propose a Code change to allow a certain percentage of allowed common area in a multi-family building to be used for employee housing units. The applicant and the PEC agreed that the third option was the best. At this time, Jay has pursued the third option and is proposing the language listed below. II. DESCRIPTION OF THE PROPOSED CODE CHANGES The proposed code changes are shown below in shade and 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the total square footage of all levels ot a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall linishes). GRFA shall include, but not be limited to, elevator shafts and stainryells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. 1. 2. J. /t, A.Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages ol up to three hundred square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. Excluded areas as setforth in subsection A, shall then be deducted from total square footage. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces and that the total square lootage of all the tollowing spaces shall not exceed thirtyJive percent of the allowable GRFA permitted on the lot. a. Common hallways, stainruays, elevator shafts and airlocks; b. Common lobby areas; Common enclosed recreation facilities; Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical systems; B. d. /" f. Common closet and storage areas, providing access to such areas is from common hallways only; Meeting and convention facilities; g. Office space, provided such space is used exclusively for the management and operation of on-site facilities. h, Floor area to b€ used in a Type lll or a Type lV Employee Housing Unit (EHU) as defined and restricted by Chapterl8.57, provided said EHU floor area shall not exceed 60% of the 35% common area allowance defined by Sectiort 18.04.130b.2. above. Any square footage for the Type lll or Type lV EHUIs which exceeds the 60% maximum of allowed common area shall be included in the calculation of GRFA. Any square footage which exceeds the thirtyJive percent maximum shall be included in the calculation of GRFA. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty-five square feet, providing such unit has direct access to the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss{ype members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square lootage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the total square lootage. (Ord. 15 (1991)51: Ord.37 (1990) 51:Ord.41 (1982) S 14: Ord.37(1980)$ 1(part).) o J. /tf .EDITOR'S NOTE: The provisions of this section shall not be effective for any application lor development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1, 1991. III. STAFF ANALYSIS Staff believes that the proposed changes will be beneficial for providing employee housing. We believe that there are enough checks and balances within the Zoning Code that this section will not be used to generate excess mass and bulk or excess units on any particular site. The common area square footage is already allowed by the Code. This amendment adds one additional way in which common area may be used. The important points to understand include the following: 1. The common area can only be used for Type lll or Type lV employee housing units. Type lll and Type lV employee housing units are allowed only as conditional uses. They are allowed in the following zone districts: Residential Cluster, Low Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family, Public Accommodation, Commercial Core l, Commercial Core ll, Commercial Core lll, Commercial Service Center, Arterial Business District, Public Parking District, Public Use District and Ski Base Recreation District. There is no net increase in lloor area. The amendment allows for allowed common area to be used not only lor standard common area uses (hallways, stairways, lobbies, etc.) but also broadens the use to include Type lll and Type lV units. The total allowed common area remains the same. Though the ordinance will allow the use ol common area as GRFA, it does not allow any additional density for dwelling units on-site beyond what is allowed under the property's zoning. All other zoning standards will be in eftect. Standards lor height, site coverage, setbacks, parking, etc. could not be amended without a variance. More importantly, the applicant will have to provide all parking required for the units on-site. The concept of the proposed changes is one that staff believes is consistent with the Town's Employee Housing Ordinance, Land Use Plan, and with the Town's effort to add to the employee housing supply. Specifically, the following goals of the Land Use Plan call for the additional supply ot Employee Housing: "5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 2. 3. 4. 5. 6. /8f 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." Determining the appropriate amount of common area that can be allocated for employee housing has been difficult for staff to calculate. At this time, staff is recommending 60%. At the end of this memo, there is a chart showing what percentage of floor area has been allocated to common area and what area could be used for employee housing units for a variety of projects in the Town. Staff has shown each project under three different scenarios of common area. We calculated the allowable square footage of common area for employee housing units at 60%, 50%, and 30%. Staff believes that the 60% works the best. We believe that it is important lo retain some common area for typical common area uses, such as lobbies, hallways and front offices. However, we do not want to limit the amount of employee housing that could be located on- site as we are trying to encourage units and disperse employee housing throughout the community. Though the research staff has done does not clearly indicate that a certain percentage is better than others, we believe that 60% of allowed common area is a reasonable standard as it will allow flexibility, yet reserve some of the allocated common area for traditional common area purposes. Please see the chart at the end of the memo. Because the numbers can get confusing, staff has provided an example below to show how the proposed changes could be used in a hypothetical situation. Lot Size: Zone District: GRFA Allowed: Units Allowed: Common Area Allowed: Maximum Area Allowed to be used for EHU's: Maximum Area Allowed to be used for standard Common Area Uses: 112 a$e or 21 .780 square feet Public Accommodation (21,780X.80) = 17,424 square feet (.5 acre)(25 dwelling units/acre) = 12.5 dwelling units (.35)(17,424) = 6,098.4 square feet (6,098.4X.60) = 3,659 square feet 6,098.4 - 3,659 = 2,439 square feet V. CHANGE TO GRFA DEFINITION One of the other changes that staff is proposing at this time that is unrelated to housing is to include the phrase "bay windows" in our definition of GRFA. We have counted all bay windows as GRFA since our definition was changed in 1990. We would like to clarify the Code so that it references bay windows in the definition. We believe that it will help architecls and developers as they prepare site plans to have the definition be more complete. There will be no chanqe in the way staff has been enforcing the Code. cL.q d",.n zf 2Z 3 b7, 1le . l')'/, LA" t'3 /Lt' vr. coNcLusroN Staff believes that the proposed changes add flexibility to the Zoning Code that will help provide additional employee housing. We believe that it is a reasonable amount of flexibility as all other zoning standards will still be in effect and any proposal for a Type lll or Type lV unit will be reviewed by the PEC as a conditional use. During the stafl and PEC review of the Type lll or Type lV unit, staff recommends that applicants be required to explain their current and future common area needs so that future common area variances are discouraged. Based on the proposed language and its compliance with Town of Vail planning documents, staff recommends approval of the requested code changes. q\pgc\memo6\ehujay.725 /{r o oI t Pig= o{ .'E+ 6:o{ o!) o g o!)of;63 !L I .t! - -n a I TI o! Io sj cC,> EEFar m(l- FE ls Pi-- N o(, EP cottl1€ !1-tDa 6€ -! $ o,ltl.{ . -@ E $ _{ .D (rt @ l\) . .{ _('l L -o o- 8. G,:tn otu --. '9, x|,' - q@ - ON ---'@ i< i,) _ oot !P <rlvt '{Fio et q\xt I ON !! -o, b< q) - a> :.t O.9too,o = eI :isi8-: EF3F3F fiqq ie"; >6 -6 :o -co . -or.{ N ;(o $ -<,| |\) s = 9:1 a; ..1N -'^t^ ! fe - n- .\.1 N) P E' o J\) .o ..J - |\) :.J\l ! -o 5'qfar1o-> o{o I .{ AJ -o -o 8E3Fqi o{ & --o s -o = n _.{ iP -o gHit o a e I r-Als,':e$ = 3t$ Fi lt trD o T"r--,4ur.^-"t / e-/z/z( [J"{4&*4; E,n?,L- J*-- lr as+t i .n/t-"-1"-1" -d7:-a-cq_ rt aJr?r,+.?L-\, r//t d lrr?,-'- a.-'1..-.^-< * <..,!-,^r ) e,4l< .*' ^ * 7=-+<.- d'-t -') ? J 4 d, /) fZ-e:y h o", &rL- ?.a>t.,e.*.-,-- * 4.t\+.4-4-alT^\> ORDINANCE NO. 17 Series of 1994 AN ORDINANCE AMENDING SECTION 18.04.130, FLOOR AREA GROSS RESIDENTIAL (GRFA), ALLOWING COMMON AREA W|THIN MULTT-FAM|LY BUILD|NGS TO BE USED FOR EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the availability of housing plays a critical role in creating quality living and working conditions for the community's work force; and, WHEREAS, the Town Council believes that the following amendments will make the definition of GRFA and the ability to use common area within multi{amily buildings more flexible; and, WHEREAS, the flexibility allowed under the proposed language will provide another incentive for the private sector to provide employee housing; and, WHEREAS, in accordance with Section 18.66.140 the Planning and Environmental Commission had a public hearing on the proposed zoning amendmenl and has submitted its recommendation to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face ol the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, lireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches' terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. No 2.Attic space with a ceiling height of five feet or less, as measured lrom the top side of the structural members of the floor to the underside of the structural members ol the roof directly above. Attic area created by construction of a roof with truss{ype members will be excluded lrom calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of lhe floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar leatures or spaces with no more than three exterior walls and a minimum opening of not less than twenty{ive percent of the lineal perimeter ol the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. Excluded areas as setforth in subsection A, shall then be deducted from total square footage. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces and that the total square footage of all the lollowing spaces shall not exceed thirty{ive percent of the allowable GRFA permitted on the lot. Common hallways, stairways, elevator shafts and airlocks; Common lobby areas; Common enclosed recreation facilities: Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical systems; e B. a. b. c. d. e. Common closet and storage areas, providing access to such areas is from common hallways only; f. Meeting and convention facilities; S. Office space, provided such space is used exclusively for the management and operation of on-site facilities. h. Floor area to be used in a Type lll or a Type lV Fmployee Housing Unit (EHU) as defined and restricted by Chapter 18.57, provided said EHU floor area shall not exceed 60% ot the 35% common area allowanc, f') *| /--/ avJ deftned by Seclion 18.04.130b.2. above. Any squiue footage for the v Type lll or Type lV EHU's which exceeds the 60% maximum of allowed common area shall be included in the calculation of GRFA. Any square footage which exceeds the thirty-five percent maximum shall be included in the calculation of GRFA. 3. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of tvventy-five square feet, providing such unit has direct access lo the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members ol the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss{ype members will be excluded lrom calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured lrom the surface of the earth to the underside of structural lloor members of the floor/ceiling assembly above. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-live percent of the lineal perimeter of the area of said deck' porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the total square footage. (Ord. 15 (1991)51:Ord.37 (1990)51: Ord.41 (1982)S 1A: Ord.37(1980)S 1(part).) 'EDITOR'S NOTE: The provisions of this section shall not be elfective for any application for development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1, 1991. Section 2 lf 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 repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of by virtue of the provision repealed or repealed and reenacted. The repeal ol 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 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, theretotore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE lN FULL, this _ day of 1994. A public hearing shall be held hereon on the _ day of 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building ot the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of -, 1994. Margaret A. Osterfoss, MaYor ATTEST: Holly Mccutcheon, Town Clerk ORDINANCE NO. 17 Series of 1994 AN ORDINANCE AMENDING SECTION 18.04.130, FLOOR AREA GROSS RESIDENTIAL (GRFA), ALLOWING COMMON AREA WITHIN MULTI-FAMILY BUILDINGS TO BE USEO FOR EMPLOYEE HOUSING AND SETTTNG FORTH DETAILS IN REGARD THERETO. WHEREAS, the availability of housing plays a critical role in crealing quality living and working conditions lor lhe community's work force; and, WHEBEAS, the Town Council believes that the tollowing amendmenls will make the definition of GRFA and the ability to use common area within multi-family buildings more llexible: and. WHEREAS, the llexibility allowed under the proposed language will provide another incentive for the private sector to provide employee housing; and, WHEREAS, in accordance with Section 18.66.140 the Planning and Environmental Commission had a public hearing on the proposed zoning amendment and has submitted its recommendation to lhe Town Council. NOW, THEREFORE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section I F.18.04.130 Floor area, gross resldenllal (GRFAr ," Gross residential floor area (GRFA) means the total square footage ol all levels ol a building, as measured at the inside face ol the exterior walls (i.e. not including lurring, sheelrock, plaster and other similar wall linishes). GBFA shall include, but not be limited t0, elevator shalts and staitu ells at each level, lotts, fireplaces, bay windows, mechanical chases, venls, and storage areas. Attics, crawl spaces and rooled or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions ol subsections A. or B. below. A. Within buildings containing two or fewer dwelling units, the lollowing areas shall be excluded trom calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum ol lwo spaces for each allowable dwelling unit permitted by the zoning code. @)o 2. Attic space with a ceiling height of five leet or less, as measured from the top side of the struclural members ol the lloor to the underside of the structural members of the roof directly above. Atlic area created by construclion of a roof wilh lruss-type members will be excluded from calculation as GRFA provided lhe trusses are spaced no greater lhan thirty inches apart. 3. Crawl spaces accessible through an opening not greater than lwelve square feet in area, with five leet or less of ceiling height, as measured from the surface of the earth lo the underside of slructural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar leatures or spaces with no more lhan three exterior walls and a minimum opening of not less than twenty-tive percent ol the lineal perimeter of the area ol said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and tully open lrom floor to ceiling with an allowance for a railing ol up to three leet in height. GRFA.shall be calculated by measuring lhe total square footage of a building set forth in Section 18.04.130 above. Excluded areas as set lorth in subsection A, shall then be deducted kom total square footage. Within buildings containing more lhan two allowable dwellings or accommodation units, lhe tollowing additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part ol the following spaces, provided such spaces are common spaces and that lhe total square footage ol all lhe lollowing spaces shall not exceed thirty-five percenl ol the allowable GRFA permitted on the lot. a. Common hallways, staiMays, elevator shalls and airlocks: b. Common lobby areas; c. Common enclosed recrealion facilities; d. Common heating, cooling or ventilation systems, solar rock slorage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical systems; s. h: Common closet and slorage areas, providing access lo such areas is from common hallways only; Meeling and convention lacilities; Office space, provided such space is used exclusively for the management and operalion ol on-site facilities. Floor area lo be used In a Type lll or a Typo lV Employee Housing Unlt (EHU) as defined and restrlcted by Chaptor 18,57, provlded sald EHU floor area shall not exceed 600/0 of he 35o/o common arsa allolvance deflned by Sectlon 18.04.130b.2. above. Any square footage for lhe Type lll or Type lV EHU's whlch exceeds lhe 60% maximum of allowed common aroa shall bo included in the calculatlon ol GRFA. Any square tootage which exceeds lhe thirty{ive percent maximum shall be included in lhe calculation of GRFA. All or part ol an airlock within an accommodalion or dwelling unit not exceeding a maximum of twenty-five square feel, providing such unit has dhect access lo 'the outdoors. Overlapping stairways within an ac€ommodalion unit or d\^,elling unit shall only be counted al the lowest level. Attic space with a ceiling height ol five feet or less, as measured from the top side of lhe struclural members of the floor to lhe underside of the struclural members ol lhe roof directly above. Atlic areas created by construction of a rool with truss{ype members will be excluded lrom calculation as GRFA provided the lrusses are spaced no greater than thirty inches apart. Crawl spaces accessible through an opening not grealer lhan twelve square leet in area, with tive feet or less ol ceiling height, as measured from the surtace ol the earlh to lhe underside ol slruclural floor members ot the lloor/ceiling assembly above. Roofed or covered decks, porches, leraces, patios or similar features or spaces with no more lhan three exterior walls and a minimum opening ol not less than twenty-live percent of the lineal perimeler of lhe area of said deck, porch, lerrace, patio, or similar teature or space provided the opening is contiguous and tully open lrom floor to ceiling, with an allowance for a railing of @@ 4. 6. 7. F,I up to lhree feet in height. GRFA shall be calculated by measuring th€ total square tootage ot a building as set forth in Seclion 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the tolal square footagg. (Ord. 15 (1991) S1: Ord.37 (1990) g1: Ord.41 (1982) g 1A: Ord.37(1980) S 1(parl).) 'EDITOR'S NOTE: The provisions of this section shall not be effective lor any application for development which has been submitted to the department ot community development, and accepted by lhe same, on or b€lore July l, 1991, unless agreed to by the applicant submitting the application before July 1, 1991 . Section 2 lf any part, section, subseclion, sentenco, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not elfoct lhe validity of the remaining porlions of lhis ordinance; and lhe Town Council hereby declares it would have passed this ordinance, and each parl, seclion, subseclion, sentence, clause or phrase thereof, regardless of ths lacl lhal any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Seclion 3 The Town Council hereby finds, determines and declares that this ordinancs is necessary and proper lor the health, safety and welfare of the Town ol Vail and the inhabilants thereol. Section 4 The repeal or lhe repeal and reenaclmenl of any provision of the Vail Municipal Code as provided in this ordinance shall not afl€cl any right which has accrued, any duty imposed, any violation that occuned prior lo the €tfectivs dale hereof, any prosecution commencad, nor any other aclion or proceeding as commenced under of by virtue ot the provision rep€al€d or repealed and reenacted. The r€peal of any provision heroby shall nol reviv€ any provision or any ordinance previously repealed or superseded unless expressly slaled herein. Sec{on 5 All bylaivs, ord6t3, rosolu[om and ordlnances, or parb h€reof, Incombtent hsrewih atE repealed to lho exl€nt only of sudt Inconslslency. Thls repoaler shall not b€ construed to rarise any by'aw, order, resoludon or ordlnance, or part ther€ol, lherotoforo repoal€d. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHEO ONCE tN FULL, hb - day ol . 1994. A prblic heating shall b€ hekl hereon on tho _ day ot - 1994, at the regular m€eling of tho Town Councll of tho Town ol Vall, Colorado, In th€ Munlclpal Building ol th6 Town. Margarot A. Osterloss, Mayor ATTEST: Holly l/houbheon. Town Clork REAO AND APPROVED ON SECOND REAOING AND ORDERED PUBLISHED lhis _day ol - 1994. Margaret ,q" Ost€.loss, Mayor ATTEST: Ho[y Mc€ubheon, Tdvn Clelk 3. A request lor a parking variance to allow for unpaved parking to be located at the proposed Middle Creek Trailhead, 100 North Frontage Road EasVParcel B, Spraddle Creek Estates. Applicant: SBC Companyffown of Vail Planner: Mike Mollica Mike Mollica made a presentation per the stalf memo. He stated that the co-applicants were requesting a variance lrom Section 18.52.080(E) Parking - Standards ot the Zoning Code. He stated that staff was recommending approval of this variance request with the one condition outlined on Page 3 of the staff memo. Richard Matthews, project landscape architect representing SBC Company, stated that he would answer any questions that the PEC may have in relerence to the requested variance. In response to a question Kathy Langenwalter had asked Mike Mollica earlier, Mike responded that the Town Engineer had approved the proposed parking plan. He stated that the maintenance of the parking area would either be the Town's or SBC Company's responsibility. Bill Anderson stated lhat some sort of signage may be appropriate to designate this area as a public access to the trailhead. Bob Armour, Greg Amsden and Jeff Bowen had no comments concerning this request. Kristan Pritz stated that if Town Council gives staff the go ahead to lund the paving for this project, staff will coordinate with Richard Matthews. Bill Anderson made a motion that the request for a parking variance, to allow for unpaved parking, be approved per the stafl memo with the condition that: "Should the Town determine that in the future this parking lot will be maintained and utilized in the winter, that the parking lot shall be paved prior to its wintertime use." Jetf Bowen seconded the motion and a 6-0 vote approved this item. 4. A request for an amendment to Section 18.57 of the Town of Vail Municipal Code, Employee Housing, to allow for common area to be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen/Kristan Pritz Kristan Pritz made a presentation per the staff memo. She stated that staff was recommending approval of the proposed amendment to Section 18.57 of the Town of Vail Municipal Code, Employee Housing, Planning and Environmental Commission July 25, 1994 Jay Peterson felt the amendment was a positive change, Greg Amsden asked whether this provision would apply to Medium Density Multi- Family zoned properties. Kristan Pritz stated that this provision applied to projects having more than two units. She stated that single family residences and duplexes received a different type of credit. Dalton Williams made a motion to approve the request for an amendment to Section 18.57 of the Town of Vail Municipal Code, Employee Housing to allow for common are to be used for employee housing per the stalf memo. Bob Armour seconded the motion and a 6-0 vote approved this request. A request for a worksession for a conditional use permit to allow tor the expansion ol the Vail Golf Course Clubhouse for new Vail Recreation District office space to be located at1778 VailValley Drive/Part of the north 1/2 of Section I, T 5 S, R 80 W, 6th P.M., Town of Vail, Eagle County, Colorado. Applicant: Vail Recreation District, represented by Bill Pierce Planner: Jim Curnutte Jim Curnutte made a presentation per the staff memo. He stated that the Vail Recreation District (VRD) was currently proposing to add approximately 2,730 square feet of office space on the second story of the existing building. He stated that another component of this project would be to redesign the entire parking lot and provide additional parking spaces. He stated that staff would like to see the entire property rezoned to the Public Use District as well as resubdivided. Jim requested that the PEC focus on Section V, Discussion lssues, Pages 3 through 8, in the staff memo. With regard to parking, Bill Pierce, the architect for this project, stated that there were diagonal parking spaces proposed on the site which the Town of Vail parking regulations did not address. Maury Bonipasse, an adjacent property owner who lives across the street, stated that he was concerned with the first parking plan proposed for this project, which showed a new driveway at the southern end of the parking lot, Since that driveway is no longer proposed, he has no objection to the plan. Bill Schell, resident of 1785 Sunburst Drive, had the same concern about the driveway as Mr. Bonipasse. He also expressed a concern with the unloading and loading of trucks near his porch but that has also been removed from the plan. Bill Sargent, representing the Golf Course Townhome Association, stated that they were concerned about the reduction of the width of the northern berm and that whatever berm width is decided upon be adequately landscaped. He pointed out that the Golf Course Townhome Association actually planted many of the existing spruce Planning and Environmenl,al Commission July 25, 1994 o MEMORANDUM Planning and Environmenlal Commission Community Development Department July 25, 1994 A request for an amendment to Section 'l8.57 of the Town Code, Employee Housing, to allow for common area to be housing. Applicant: Jay PetersonPlanner: Andy Knudtsen I. BACKGROUND ON THE REOUEST Jay Peterson, lhe developer of 44 Willow Place, is proposing changes to the Zoning Code regarding employee housing units. When his project was originally designed, he included three employee housing units. He had used all ol the GRFA in the project for the three dwelling units and had proposed using common area for the employee housing units. At the time, the Code did not allow this to be done. The options Jay presented to the Planning and Environmental Commission (PEC) at the time of approval included: Delete the employee housing units and turn the area into common storage; Propose an SDD to allow the employee housing units; or, Propose a Code change to allow a certain percentage of allowed common area in a multi-family building to be used for employee housing units. The applicant and the PEC agreed that the third option was the best. At this time, Jay has pursued the third option and is proposing the language listed below. II. DESCRIPTION OF THE PROPOSED CODE CHANGES The proposed code changes are shown below in shade and everstrike. 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the iotal square tootage ol all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevalor shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and slorage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. TO: FROM: DATE: SUBJECT:ol Vail Municipal used for employee 1 2. A.within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 'l . Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured lrom the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GFIFA provided the lrusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square leet in area, with five leet or less of ceiling height, as measured from the surface of the earth to lhe underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more lhan three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter ol the area of said deck, porch, tenace, palio, or similar feature orspace provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. Excluded areas as set forth in subsection A. shall then be deducted from total square footage. Within buildings conlaining more than two allowable dwellings or accommodation unils, the tollowing additional areas shall be excluded from calculation as GBFA: 1. Enclosed garages lo accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces and that the total square footage of all the following spaces shall not exceed thirty-five percent of the allowable GRFA permitted on the lot. a. Common hallways, slairways, elevator shafts and airlocks; b, Common lobby areas; c. Common enclosed recreation tacitities: d. Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square tootage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical systems; B. e. Common closet and storage areas, providing access lo such areas is from common hallways only; f. Meeting and convention facilities; g. Office space, provided such space is used exclusively for the management and operation ot on-site facilities. h. Floor area to be used in a Type lll or a Type lV Employee Housing,Unit (EHU) as defined and .restricted by,Ghapter. 18.57, provided said EHU floor area shall not exceed 60% of the 35% common area allowance defined by Section 1 8.04.1 30b.2.' above. :: Any square footage for the Type lll or Type lV EHU'S which exceeds the 60% maximum of allowed common area shall be included in lhe calculation of GRFA. Any square footage which exceeds the thirty-five percent maximum shall be included in the calculation of GRFA. 3. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty-five square feet, providing such unit has direct access lo the outdoors, 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet or less, as measured from the top side ol the structural members of lhe floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square leet in area, with five feet or less of ceiling height, as measured from the' surface of the earth to the underside of structural lloor members of the floor/ceiling assembly abovb. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than lhree exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height GRFA shall be calculated by measuring the total square footage of a buibing as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the total square footage. (Ord. 15 (1991)51:Ord.37 (1990) 51: Ord.41 (1982)S 1A:Ord.37(1980) $ 1(part).) 'EDITOR'S NOTE: The provisions of this section shall not be effective for any application for development which has been submitted to the department of community development, and accepled by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1, 1991. III. STAFF ANALYSIS Staff believes that the proposed changes will be beneficial for providing employee housing. We believe lhat there are enough checks and balances within the Zoning Code that this section will not be used to generate excess mass and bulk or excess units on any particular site. The common area square footage is already allowed by the Code. This amendment adds one additional way in which common area may be used. The important points to understand include the followino: 1. The common area can only be used for Type lll or Type lV employee housing units. Type lll and Type lV employee housing units are allowed only as conditional uses. They are allowed in the following zone districts: Besidential Cluster, Low Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family, Public Accommodation, Commercial Core I, Commercial Core ll, Commercial Core lll, Commercial Service Center, Arterial Business District, Public Parking District, Public Use District and Ski Base Recreation District. There is no net increase in lloor area. The amendment allows for allowed common area to be used not only for standard common area uses (hallways, stairways, lobbies, etc.) but also broadens the use to include Type lll and Type lV units. The total allowed common area remains lhe same. Though the ordinance will allow the use of common area as GRFA, it does not allow any additional density lor dwelling units on-site beyond what is allowed under the property's zoning, All other zoning standards will be in effect. Standards for heighl, site coverage, setbacks, parking, etc. could not be amended without a variance. More importantly, the applicant will have to provide all parking required for the units on-site. The concept of the proposed changes is one that stafl believes is consistent with the Town's Employee Housing Ordinance, Land Use Plan, and with the Town's eftort to add to the employee housing supply. Specifically, the following goals ol the Land Use Plan call for the additional supply of Employee Housing: "5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town ol Vail, with appropriate restrictions. 2. 3. 4. 5. o. 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." Determining the appropriate amount of common area that can be allocated for employee housing has been ditficult for stafl to calculate. At this time, statf is recommending 60%. At the end of this memo, there is a chart showing what percentage of floor area has been allocated lo common area and what area could be used for employee housing units for a variety of projects in the Town. Staff has shown each project under three different scenarios of common area. We calculated the allowable square footage ol common area for employee housing units at 60'/", 50/., and 30%. Staff believes that the 60% works the best. We believe that it is important to retain some common area for typical common area uses, such as lobbies, hallways and front otfices. However, we do not want to limit the amount of employee housing that could be located on- site as we are trying to encourage units and disperse employee housing throughout the community. Though the research staff has done does not clearly indicate that a certain percentage is better than others, we believe thal 60% of allowed common area is a reasonable standard as it will allow flexibility, yet reserve some of the allocated common area for traditional common area purposes. Please see the chart at the end of the memo. Because the numbers can get confusing, statf has provided an example below lo show how the proposed changes could be used in a hypothetical situation. 112 acre or 21,780 square feet Public Accommodation (21,780)(.80) = 17,424 square feet (.5 acreX25 dwelling units/acre) = 12.5 dwelling units Common Area Allowed: (.35)(17,4241 = 6,098.4 square leet Maximum Area Allowed to be used for EHU's: (6,098.4X.60) = 3,659 square feet Maximum Area Allowed to be used for standard Common Area Uses: 6,098.4 - 3,659 = 2,439 square feet V. CHANGE TO GRFA DEFINITION One of the other changes that staff is proposing at this time that is unrelated to housing is to include the phrase "bay windows" in our definition of CTFFA. We have counted all bay windows as GRFA since our definilion was changed in 1990. We would like to clarity the Code so that it references bay windows in the definition. We believe that it will help architects and developers as they prepare site plans to have the definition be more complete. There will be no chanoe in the way slaff has been enforcing the Code. Lot Size: Zone District: GBFA AIIowed: Units Allowed: !' vr. coNcLustoN Staff believes that the proposed changes add flexibility to the Zoning Gode that will help provide additional employee housing. We believe that it is a reasonable amount of flexibility as all other zoning standards will still be in effect and any proposal for a Type lll or Type lV unit will be reviewed by the PEC as a conditional use. During tl're staff and PEC review of the Type lll or Type lV unit, statf recommends that applicants be required to explain lheir curent and tuture common area needs so that fufure common area variances are discouraged. Based on the proposed language and its compliance with Town of Vail planning documents, staff recommends approval of the requested code changes. c:Vecvn€m6bhu.j8y.725