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HomeMy WebLinkAboutFront Door USFS Exchange RezoningPlanning I and Environmenta ACTION FORM I Commisson .la'.i.t J',1-r C,: 1'CLtlnva',- Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 web: www.vailgov.com Proje€t Name: VFD ZONING Project Description: PEC Number: PEC060014 Action: APPROVED Date of Approval: 06/06/2006 FINAL APPROVAL FOR A ZONING OF SKI BASE/RECREATION 2 ZONE DISTRICTTO A 5.13 ACRE PARCEL OF LAND COMMONLY REFERRED TO AS THE FRONT DOOR USFS LAND EXCHANGE PARCEL, Pafticipants: OWNER LODGE PROPERTIES INC C/O THE LODGE AT VAIL 174 E GORE CREEK DR VAIL co 81657 0311312006 APPLICANT VAIL RESORTS DEVELOPMENT INC03/13/2006 Phone: 970-845-2547 P.O, BOX 959 AVON co 81620 License: C000001633 Project Address: 174 GORE CREEK DR VAIL Location: VAILS FRONT DOOR LAND SWAP Legal Description: Lot: A Block: 5-C Subdivision: VAIL WLLAGE FIUNG 1 ParcelNumber: 2101-082-2300-9 Comments: See Ordinance No. 12, Series of 2006 BOARD/STAFF ACTION Motion By: Second By: Vote: Conditions: Moffet Newbury 4-0-1 Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: George Ruther PEC Fee Paid: $1,300.00 _ v*AK. / l!{Jb I:JUILVT Rezoning $1300 Major Subdivision 51500 Minor Subdivision $650 Exenlption Plat $550 Minor Ametrdmeni to an SDD $1000 New Special Developmeni Distrlct $6009 Major Amendment to an SDD $6000 Major Amendmeni to an SDD 51250 ( n o exterior m od ifr ca tio n s) Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81557 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vall.co.us rsslon f Conditionel Use PermitI FloodplainModification- Minor Exterigf Atterationtr Major Exterior AlterationE Development PlanE Amendment to a Development Plantr Zoning Code Amendment! Variancetr Sign Variance LVr VA i(c)v1 b licv. o Application for Review Planning and Environmental o by the Comm r\u. y I t,r, I q6qn s400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 General Information: All projects requiring Planning and Environmental Comrnission review must rggqive approval prior to submitting a building permit application. Please refer to the subnrttal requirements for the particular approval $at is requested. An application foi Planning ancl Environmental Commission review cannot be accepted untii all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type ofApplication and Fee: U\firl B tr tr! tr Description of the Requesh 5.13 acte pAq:Fl of land common]y refqrred to as the Front Door USFS land e.Xchange parcel. Location of the Proposal: Lot:-Block:- Subdivision: See attached legal descriotipls- Physical Addlessl parcel No.: 210108223009. 2101082?80C1-2 ( Eagle Co. Assessor at 974-328-8640 for parcel no.) Zoning: Eaqle Caulty - Resou rce Zcne Distric.I Name(s) of Owner(s): United States of America, bv and tllrough the Forest Seruice Mailing Addressr 24747 U. S' HIGHWAY 24 MINTURN. CO Phonei C9-70) 845-5715 Owner(s) Signature(s): Name of Applicantl Mailing Addressr c/o -lack Hunn Phonei E-mail Address: lackb-@yailresorts.com . - Fax: 845-2555 oc.a{<5 DeUot -<xsoe o#hjo LAND PLANNING & COMMUNITY DEVELOPMENT March 3, 2006 Mr. George Rutler, Chief of Planning Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 RE: Vail's Front Door/Zoning Request Dear George: Enclosed you will find the following information relative to Vail Resort's request to zone the USFS Exchange Parcel: 1. Application forrr, 2. Application fee, 3. Written description of request and response to zoning review criteria, 4. LegalDescription, 5. Adjacent property owners list and envelopes. I want to thank you in advance for your assistance with this application. Please do not hesitate to contact me with any questions you may have. Sincerely, qlz'rl ntrnh. Thomas A. Braun. AICP Opal Euilding . 225 Main Stre€t ' Suite G-2 - Edwardr CO 81632 97V926-7575 . 970-92G7576fax . www.braunassoclates.com *ffi THIS ITEM MAY AFFECTYOUR 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, Vail Town Code, on May 8, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the Lionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of employee housing units and no net loss of accommodation units in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto. (PEC06-0028) Applicant: Town of VailPlanner: Rachel Friede A request for a recommendation to the Vail Town Gouncil, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters '12'21, Hazard Regulations, 14-7, GeologidEnvironmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to include wildfire hazard in the Hazard Regulations, and to require defensible space and ban wood roofs in high wildfire risk zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of VailPlanner: Rachel Friede A request for a final review of a conditional use permit, pursuant to Section 12-7H-5 Conditional Uses: Generally, to allow for a seasonal use or structure for conferences and conventions, located in TractA, Lot4, Block 1, VailLionshead Filing 1 Addition 1, and sefting forth details in regard thereto. (PEC06-0030) Applicant: Lion's Square Lodge, represented by Bill AndersonPlanner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use (water tank), located at2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and setting forth details in regard thereto. (PEC06-0031) Applicant: Eagle River Water and Sanitation DistrictPlanner: Elisabeth Reed A request for a final review of a conditional use permit, pursuant to Chapter 12-8E-3, Conditional Uses, Vail Town Code, to allow for the construction of a private club; 151 Vail Lane/Lot 2, Mill Creek Subdivision, and setting forth details in regard thereto. (PEC06-0032) Applicant: LodgeProperties,lnc.,Planner George Ruther A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation 2zone district on a 5.13 parcel of land commonly refened to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/ (A complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development CompanyPlanner: George Ruther The applications and information about the proposals are availaUe for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is avaihble upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published April 21, 2006, in the Vail Daily. BAILEY & PETERSON A PROFESSIONAL CORPORATION ArronNeys Ar Lew IO8 SOUTH FRONTAGE ROAD WEST, SUITB 208 vArL. cot RADo 81657 -riff= t#tvEwst=r.E!-'.iGE.-rt'-t!-- t-- a||||tr!|tlt't.w- One Vail Place C/O Teak Simonton Box 3965 Eagle, Colorado 81631 BAILEY & PETERSON A PROFESSIONAL CORPORATION ArroRNEYs AT LAw IO8 SOUTI{ FRONTAGE ROAD WEST, SUITE 208 vAlL. coLoRADO 81657 w= l!7 --i ! -l- Riva Ridge 45105LLC C/O North Bridge Venture Partners 950 Winter Street Suite 4600 Waltham, Massachusetts 0245 I Yail Resorts Front Door Zoning Request Adjacent Property Owners List March 6.2006 t TOWNOFVAIL FINANCE DEPARTMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 t U.S. DEPARTMENT OF AGRICULTI.]RE FOREST SERVICE 24747 U. S. HIGHWAY 24 MINTURN, CO 81645 t LODGE SOUTI{ CONDOMINITIM ASSOCIATION C/O STAN COPE 164 GORE CREEKDR vArL, co 81657 t RTVA RIDGE CHALETS SOUTH CONDOMINUM ASSOCIATION l14WILLOWRD vArL. co 81657 t RTVA RIDGE CHALETS SOUTH CONDOMINT]IM ASSOCIATION I33 WILLOWRD VAIL, CO 81657 t DRESCIIER, JARED M. & IRENE M. -JT IOOO WLSON BLVD LIPPER MALL 8OO ARLINGTON.VA22209 t SMEAD, HAROLD JOSEPH 244WALLST 2 vArL. co 81657 t WELLS, LUANNE 450 NEWPORT CTRDR STE 450 NEWPORTBEACH, CA9266O t INTRAWEST RETAIL GROUP INC 221 CORPORATE CTR STE Q gOLDEN, CO 80401 L VAIL CORP PO BOX 7 VAIL. CO 81658 t BYRNE,RONALDJ. 16FORESTRD VAIL, CO 81657 t LODGEPROPERTIES INC C/OTIIE LODGEATVAIL IT4EGORECREEKDR vArL, co 81657 t BRIDGE STREET LODGE CONDOMINII.'M ASSOCIATION 356 E. IIANSON RANCH ROAD VAIL, CO 81657 t LODGIEPROPERTIES INC C/OTIIE LODGEATVAIL IT4EGORECREEKDR VAIL, CO 81657 t oo PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING May 8, 2006 PRoJEcr ORIENTATION - Town councit chambers - puBLtc wELcoME i2:00 pm MEMBERS PRESENT MEMBERSABSENT Chas Bernhardt Site Visits: '1. Ritz Carlton Residences - 728 West Lionshead Circle2. Eagle River Water and Sanitation District - 2734 Snowberry Drive Driver: Warren Public Hearing - Town Council Chambers 2:00 pm 1. A request for a final recommendation to the Vail Town Council of a text amendment, pursuant lo Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of alfowable site coverage on lots with excessive slopes from 15% to 20o/o, and setting forth details in regard thereto. (PEC06-0020) Applicant Helmut Relss, represented by lsom & Associates Planner: Matt Gennett / Bill Gibson ACTION:MOTION: SECOND: VOTE: 2. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use (water tank), located at 2734 Snowberry Drive/Lot 14, Block 9, Vail lntermountain, and setting forth details in regard thereto. (PEC06-0031) Applicant: Eagle River Water and Sanitation District Planner: ElisabethReed ACTION:MOTION: SEGOND: VOTE: 3. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural projection allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12,Yail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Appellant: Ned Gwathmey and Todd Kramer; Gwathmey, Praft, Shultz Architects Planner: Bill Gibson AGTION:MOTION: SECOND: VOTE: Page 1 I t 4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 4 additional multi-family residential dwelling units (total of 111 dwellingunits), located al728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC05-0021 and PEC0S-0022) Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: WarrenCampbell ACTION: MOTION:SECOND:VOTE: A request for a final review of a conditional use permit, pursuant to Chapter 12-8E-3, Conditional Uses, Vail Town Code, to allowforthe construction of a private club; 151 Vail Lane/Lot2, Mill Creek Subdivision, and setting forth details in regard thereto. (PEC06-0032) Applicant Lodge Properties, lnc., Planner George Ruther AGTION: MOTION:SECOND:VOTE: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation 2 zone district on a 5.1 3 parcel of land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/ (A complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development Company Planner: George Ruther ACTION:MOTION: SECOND: VOTE: 7. A request for a final review of a conditional use permil, pursuant to Section 12-7H-5 Conditional Uses: Generally, to allow for a seasonal use or structure for conferences and conventions, located in Tract A, Lot 4, Block 1, Vail Lionshead Filing 1 Addition 1, and setting forth details in regard thereto. (PEC06-0030) Applicant: Lion Square Lodge, represented by Bill Anderson Planner: Bill Gibson ACTION: MOTION:SECOND:VOTE: 8. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion's Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson ACTION: MOTION:SECOND: Page2 VOTE: 9' A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,Amendment, Vail rown. c_ode, for proposed amendments to chapters 12-21, HazardRegulations, 14-7, Geologic/Environmental Hazards, and 1410, Design Review Standards andGuidelines, Vail Town Code, to include wildfire hazard in the Hazard Riegulations, and to requiredefensible space and.Clag_s1\ gofs in high and extreme wildfire hazardlones, ano setting iortndetails in regard thereto. (pEC06-0029) Applicant Town of Vail Planner: Rachel Friede ACTION: MOTION:SEGOND:VOTE: 10.A request for a recommendation to the Vail Town Council, pursuant to Section 12-g-7,Amendment, Vail Town Code, for amendments to Section 12-7H-5, Conditional Uses; Generally(On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as aconditional use in Lionshead Mixed Use lDistrict; Section 12-7H-18, Mitigation of Development [nOacts, to clarify the.inclusion of employee housing as a mitigation of development impacts;Section 12-8A-3, Conditional Uses, to allow for ski runs as a co-nditional use of the Agricltturaland Open Space District; Section 12-8C-3, Conditional Uses, to allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation DistrictSubsection 12-18-58, Density Control, to clarify limitations on structures which do not conform todensity controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarifystandards for access, driveway and parking for commercial propertiei; and Chapter 14-6,Grading Standards, to clarify requirements for retaining walls, Vail Town Code, and setting forthdetails in regard thereto. (PEC06-0026) Applicant: Town of Vail Planner: Rachel Friede ACTION:MOTION: SECOND: VOTE: 11. A request for a recommendation to the Vail Town Council of an amendment to the LionsheadRedevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the MasterPlan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundariesand Chapter 5, Detailed Plan Recommendations, to include the study "Wesi Lionshead" area,generally located at 646, 862, 890, 923, 934,953, 1000, and 1031 South Frontage RoadWesULot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: WarrenCampbell ACTION: Tabled to May 22,2OOGMOTION: SECOND: VOTE: 12.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, LionsheadMixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and theLionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of employee housing units and no net loss of accommodation units in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto. (PEC06-0028) Applicant: Tqwn of Vail Planner: George Ruther AGTION: Tabled to May 22,2006 Page 3 MOTION:SECOND:VOTE: 13. A request for a final review of a major exlerior alteration, pursuant to Section 12-7J-12, Malor Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLCPlanner: George Ruther ACTION: Tabled to June 12,2006MOTION: SECOND: VOTE: 14. Approval of April 24,2006 minutesMOTION: SECOND: VOTE: 15. Information Update 16. AdjournmentMOTION: SEGOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published May 5, 2006, in the Vail Daily. Page 4 fl TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department May 8, 2006 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation-2 zone district on a 5.13 parcel of land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/(A complete legal description is available at the Community Development Department), and sefting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development CompanyPlanner: George Ruther ll. SUMMARY The applicant, the United States of America and the United States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Community Development Department to allow for the zoning ol "Front Door USFS land exchange parcef to the Ski Base Recreation-2 zone district (SBR-2) . A complete legal description has been aftached for reference (Aftachment A). The applicant has submitted the application in anticipation of the redevelopment of the Vista Bahn ski yard more commonly referred to as Vail's Front Door. Staff is recommending approval of the applicant's development review application. DESCRIPTION OF REQUEST The applicant, the United States of America and the United States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby the "Front Door USFS land exchange parcel" is zoned to the Ski Base Recreation-2 (SBR-2) zone district. According to the applicant, the zoning is intended to facilitate the redevelopment of the Vista Bahn ski yard. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment B) |il.BACKGROUND On April 1, 2003, the Vail Town Council approved Resolutions No. 2 & 3, Series of 2003, amending the Vail Land Use Plan and the Vail Village Master Plan to include the area of the Front Door USFS land exchange parcel into the Plans, and approved Ordinance No. 4, Series of 2003, amending the Zoning Regulations and creating the Ski Base Recreation - 2 District. On May 2, 2006, the Vail Town Council approved Ordinance No. 11, Series of 2006, approving the annexation of the Front Door USFS land exchange parcel into the Town of Vail. ROLES OF THE REVIEWING BODIES Rezoninq/Zone District Boundarv Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with sunounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Gouncil: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibilityof the proposed zoning with sunounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations ffitle 12. Vail Town Code) (in oart) 12-8E-1: PURPOSE: The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permifted within the district. The ski tv. V. base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which fufther the public interesfs" that go beyond any economic benefits to the landowner. Town of Vail Land Use Plan (in oart) Chapter II - Land Use Plan Goal{Policies 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential. commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. '1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permifted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan.b) The parcel is adjacent to the Town boundaries, with good access.c) The afiected neighborhood can be involved in the decision-making process. 1.9 The existing condition and use of National Forest Land (USFS) which is exchanged, sold, or othenrvise falls into private ownership should remain unchanged. A change in the existing condition and use may be considered if the change substantially complies with the Vail Comprehensive Plan and achieves a compelling public benefit which furthers the public interest, as determined by the Town Council. (Res. 2 (2003) 51) 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town.b) Expanded points of access to the mountain by adding additional base portals.c) Continuing to provide temporary surface parking.d) Addition of structured parking. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned 'street happenings" should be encouraged. 4. Village Gore / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. 5.1 4.2 4.3 5.4 6.3 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Residential Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Residential groMh should keep pace with the market place demands for a full range of housing types. Community Services Services should keep pace with increased growth. The Town of Vail should play a role in future development through balancing groMh with services. Services should be adjusted to keep pace with the needs of peak periods. 6. 6.1 6.2 VailVillaqe Master Plan (in part) Land use categories in Vail Village include the following: Ski Base/Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically- pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural/art events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub-areas are delineated in this Plan. Sub-areas were determined based on a number of different considerations. Foremost among these were: o design and site characteristics r geoQraphic or physical boundaries . land uses and ownership patterns Each of the ten sub-areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub-area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub-area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub-areas (which follow), provide detailed descriptions of each sub-area concept and express the relationship between the specific sub-area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub-area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub-area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub-area concepts. FRONT DOOR SUB-AREA (#11) !t[; - -s The Front Door sub-area plays a critical role in the interface between the ski mountain and the fabric of Vail Village. As the premier guest portal to Vail Mountain, the Front Door area should reflect in both use and design the world-class stature of the Vail resort and community. The goals for development in this sub-area are as follows: e To provide for a year-round, world-class guest experience at the interface between Vail Village and the ski mountain.. To provide new and improved guest service facilities at the top of Bridge Street that will not only improve the quality of the entire guest experience, but will increase evening guest retention in Vail Village.o Provide for new below-grade loading and delivery facilities to better serve the Front Door and upper Bridge Street areas, consistent with the overall "dispersed quadrant" approach of the Vail loading and delivery master plan.. To provide a venue for outdoor cultural/art and sporting events and other similar special community events.o Provide for the removal of surface vehicular traffic and parking that cunently occurs within the sub-area.r To provide for limited (6-10 dwelling units/acre) medium density residential development.. With the exception of development that may be approved within Sub-Area Concepts 11-1 and 1 1-2, the balance of the Front Door Sub-Area should remain in a predominantly undeveloped, open space condition. The Front Door Sub-area includes two Sub-Area Concepts. Please refer to the Vail Village Master Plan Action Plan for a graphic depiction of these concepts. # 11-1 Lodqe Exchanoe Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest anival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and sunounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow GircleA/ail Road and the Vista Bahn ski yard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to re-grade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. lf developed, the scale of a skier/guest service building should be limited to one-story as viewed from the skier plaza area. VI. ZONING ANALYSIS The following zoning analysis provides the development potential allowed in the Ski Base Recreation-2 District. Address: l5l VailLane Legal Description: Lots 1 and 2, Mill Creek Subdivision, Tract E, Vail Village First Filing, and UnplattedZoning: Ski Base Recreation -2zone districts Land Use Plan Designation: Ski Base Recreation and Vail Village Master Plan Hazards: Areas of 40% Slope Lot Area: 261,685 square feeU6.01 acres DevelopmentStandards Allowed Proposed Lot Area (min.): 10,000 sq. ft. 261,685 sq. ft. of buildabb area of buihabb area Setbacks: As indicated on the > 20'and as indicated on the approved development approved developmentplan plan Building Height (max.): 43' and as indicated Varies with all buildings on the approved <43'and as indicated development plan on the approved development (Compliance with the plan Vail Village Master Plan is required) Density Control:(du's/ac) 48 du's or 8 du'dac 13 du's or 2.2 du'slac(GRFA) As indicated on the 36,500 sq. ft. approved development plan Site Coverage: As indicated on the As indicated on the approved development approved development plan Landscaping and Site Development: As indicated on the As indicated on the approved development approved developmentplan plan Parking/Loading Plan and Program: As indicated on the See attached spreadsheet plan v[. approved development plan SURROUNDING LAND USES AND ZONING > 90% of the parking is enclosed per the Code requirements North: South: East: West: Land Use Mixed Use Development USFS Residential Residential Zoninq Commercial Core'l N/A Primary/Secondary Primary/Secondary VIII. CRITERIA AND FINDINGS Amendment to the Official Zoninq Map of the Town of Vail (zoninq of annexed areas) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the fficial Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or propefi owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to i request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone the Front Door USFS Land Exchange Parcel (A complete legal description has been attached for reference (Attachment A)) to the Ski Base Recreation-2 (SBR-2) District. According to Section 12-3-7 C, of the VailTown Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objec'tives of the Town; and Section V of this memorandum outlines the goals and policies that are relevant to the proposed zoning of the Front Door USFS land exchange parcel. The requested zoning specifically implements the Vail Land Use Plan land use designation and Vail Village Master Plan of Ski Base Recreation which states, in part, that, "Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and seruices inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically-pleasing transition between the ski mountain and sunounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort servrbes, ski lifts, ski trails, base facilities, public restrooms, ticket sa/eg c/ubg public plazas, outdoor cultural/art events and sporfs venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses." According to Section 12-8E-1: Purpose; Ski Base Recreation-2 District, "The ski base/recreation 2 district is intended to provide sifes for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community evenfs typically assocrafed with a vibrant resort communtty are also permifted within the district. The ski base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the district. ln order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide 'compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include lncreases in allowable gross resldential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master PIan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment congsfent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developme nUredevelopme nt proposal taking advantage of the incentives created herein, the following amenities will be evaluated: sfreefscape i m proveme nts, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements." The proposed zoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. l0 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Ski Base Recreation - 2 Distdct establishes land use regulations that are consistent with the proposed uses on the parcel and are suitable with the existing and potential surrounding land uses. The proposed use of the property will remain as a ski mountain portal to Vail Mountain, albeit in a much improved condition and substantially increased level of quality. The zone district boundary amendment is consistent with existing and potential uses on sunounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Village Master Plan and Low Density Residential. Pursuant to the Plan, the existing land use designation is Ski Base Recreation. The area governed by the Vail Village Master Plan is designated as Village Master Plan. A review of the Zoning Regulations demonstrates that the uses allowed in the Ski Base Recreation - 2 zone district are compatible with both the intent and purposes of the surrounding land use designations. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Ski Base Recreation - 2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and the Vail Village Master Plan. Staff believes that the proposed zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, the parcel in question is located immediately adjacent to the commercial area of Vail Village. As such, according to Sub-area #1 1 of the Vail Village Master Plan, the Front Door USFS land exchange parcel is identified as a location for a centralized loading and delivery facility. To that end, the Ski Base Recreation - 2 zone district allows " private or public off street loading facilitief'as a permitted use. Additionally, the Vaif Vif lage Master Plan states that a goal of the Plan is"to provide a venue for outdoor cultural/art and sporting evenfs and other similar special community evenfs.' In an effort to achieve that goal, the Ski Base Recreation - 2 zone district places an emphasis on the need to accommodate special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvementsffacilities, subject to the issuance of a special events license, on sites located within the District. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 1l The proposed zoning establishes consistent zoning for the property. This zoning will create a zone district consistent with the existing and proposed use of the property. The proposed zoning will provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Village Master Plan. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the zoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Vail Village Master Plan, is to address the following goals: # 11-1 Lodqe Exchanqe Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow CircleA/ail Road and the Vista Bahn skiyard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to regrade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. lf developed, the scale of a skier/guest service building should be limited to one-story as viewed from the skier plaza area. t', The extent to which the zone distric't amendment is consistent with the purpose statement of the proposed zone district. The Ski Base Recreation - 2 (SBR-2) District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. A copy of the purpose statement of the zone district is provided in Section V of this memorandum. The extent to which the zone districi amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As this site has recently been annexed into the Town of Vail municipal boundaries, zoning does not presently exist on the site. Therefore, staff does not belive that this criteria is relevant to this application. Such other factors and criteria as the Gommission and/or Council deem applicable to the proposed rezoning. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to zone Vail's Front Door Land Exchange Parcel to the Vail Town Council. Staffs recommendation is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respecf to the requested amendment: 1. That the amendment ls congsfenf with the adopted goals, objectives and policies outlined in the Vail Comprehensive PIan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adiacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its esfabrsf,ed character as a resoft and residential community of the highest quality." 7. 8. tx. l3 X. ATTACHMENTS A. Legal Description B. Vicinity Map l4 REQUEST TO APPLY ZONING Vail's Front DooTAJSFS Exchanee Parcel March 6. 2006 Background/Purpose of this Request The purpose of this request is to apply Ski Base/Recreation 2 zoningto a 5.13 acre parcel of land commonly referred to as the "USFS exchange parcel," as more particularly described in the attached legal description (the "Property''). The Property constitutes part of the site for Vail Resort's "Front Door" project at the base of Vail Mountain, which will otherwise be located partially on land currently owned by an affiliate of the applicant (Lots I and 2, Mill Creek Subdivision), which land is already zoned Ski Base/Recreation 2 in furtherance of the "Front Door" project. The zoning of the Property as Ski BaselRecreation 2 will facilitate suitable development of the ski base area and create a compelling public benefit, furthering the pubic interest, for Vail Village as a world class ski resort community. The Vail Corporation ("VC"), an affiliate of the applicant, Vail Resorts Development Company, has entered into a land exchange agreement with the owner of the Property, the United States of America, acting by and through the Forest Service, Department of Agriculture C'USFS'). The closing of the land exchange agreement will result in the conveyance of the Property in fee to VC. With the conveyance of the Property to VC expected to occur in the coming few weeks, it is appropriate for the Town to now consider the annexation petition (previously submitted) and this zoning application for the Property. However, because the USFS is the owner of the Property as of the date of this application, the USFS and the applicant mutually require that final zoning approval (and final annexation approval) do not occur until such time as the Property is conveyed to VC. Accordingly, this application is made subject to the condition that the second reading ofthe zoning ordinance (and second reading ofthe annexation ordinance) will not occur prior to the conveyance of the Property to VC. Vail's Front Door Application for Zoning Review Criteria Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements ofthe adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town: and Analysis: In 2003 the Town of Vail approved amendments to the Vail Land Use Plan and the Vail Village Master Plan, the purpose of which was to establish goals and policies necessary to implement the redevelopment of the Vail Village portal to Vail Mountain (commonly referred to as Vail's "Front Door Project"). Following these master plan amendments the Town of Vail adopted a new zone district - Ski Base/Recreation 2. The purpose of this zone district, among other things, is to establish development standards that will implement the revitalization and redevelopment goals of the Town. Applying the Ski Base/Recreation2 zone district to this area is directly consistent with the goals, objectives and policies of the Town's Land Use Plan and Vail Village Master Plan. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Analysis: The proposed rezoning will facilitate the upgrade and revitalization of the "Front Door" to the Vail Village. The proposal will allow the removal of some unsightly and unorganized uses and replace those with uses which are compatible with the surrounding residential and commercial activities and consistent with the operation of a ski mountain. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Analysis: The proposed Ski Base/Recreation 2 zone district allows for development and land uses typically associated with ski mountain base areas. The proposed zoning will also establish a framework for the upgrading and revitalization of the "Front Door" to Vail Mountain. The proposed rezoning is consistent with the goals and policies of the Town and presents a harmonious, convenient, and workable relationshio with land uses in the area. Vail's Front Door Application for Zoning (a) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole: and Analysis: The proposed rezoning provides for the growth and development ofan orderly viable community consistent with the Town's development interests. Given the size ofthe Property and its natural integration into the ski base, the context and cunent use ofadjacent property in concert with the ski base, and the proposed "Front Door" development of the ski base to further enhance Vail Mountain operations, the proposed rezoning does not constitute spot zoning. The intended uses in this zone district, including ski lifts, skier services and ticketing, loading and delivery functions and other compatible uses, will promote beneficial operation of the ski base area while improving the overall access to and complementing the existing uses in Vail Village. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features: and Analysis: The Ski BaselRecreation 2 district outlines submittal requirements and development review procedures that include, among other things, the evaluation of potential impacts on environmental considerations. Given the nature of the Property and based on the Environmental Impact Report that has been prepared for Vail's "Front Door" project, the proposed development will not adversely impact the factors outlined above. The development of the "Front Door" project will result in beneficial impacts resulting from properly designed and constructed facilities, which will be developed to the Town's development standards. (6) The extent to which the zone district amendment is consistent with the purpose statement ofthe proposed zone district; and Analysis: The stated purpose ofthe Ski BaselRecreation 2 district is "to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety ofother facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district". The Ski Base Recreation 2 district is proposed for land located at the base of Vail Mountain immediately adjacent to Vail Village. The planned "Front Door" project is consistent with this zoning application and the intended pulpose ofthe zone district. Vail's Front Door Application for Zoning (7) The extent to which the zone distict anendme,nt demonstates how conditions have changed since the zouing designation ofthe subject prop€rty was adopted and is no longer appropriate; and Analysis: This criteria is not relevant gve,n the fact that the Property has not been in the Town of Vail and as such has not previously been zoned by the Town. The Property will be integrated with other properties in the ski base area that are already zoned Ski Base/Recreation 2 district in furtherance of appropriate development of the "Front Doot''to Vail Mountain. Vail's Front Door Application for Zoning (ATf,ACf,T{EilT A) PARCEL DESCRIPTION: LOTS I AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF TI{E SIXTTI PRINCIPAL MERIDIAN, COIJNTY OF I]AGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT R-ESURVEYS AND SURVEYS COMPLETED BY THE T'NITED STATES DEPARTMENT OF THE INTERIOR BUR.EAU Of LAND MANAGEMENT DATED FEBRUARY 3, 2OO5 (LOl'4), AND DECEMBER 30, 1988 (T,OT I), AND ALSO BEINO DESCRIBED ALTERNATryELY AS FOLLOWS: BEGINNING AT THE NORTIIWEST I/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANOE 80 WEST, OF THE SIXTH PRJNCIPAL MERIDIAN, COTJN IY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH l/16 CORNER OF SECTION 7 AND SECTION 8 BEA.RS N89i43'59"W A DISTANCE OF 1322.52 FEET. SAID LINE BEINC THE BASIS OF BEARING FOR'THIS DESCRIPTION. THENCE ALONC THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (AT^SO BEINC CO-EXTENSIVE WITH THE BOI,'NDARY OF THE FORMER VAIL VILI-A,CE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6. 1962 AT RECEPTION NUMBER96382) THE FOLLOWINC TWO COURSES: l) s00"21'52"w 165.00 FEET 2) 500'21'52"W 277.76 FErjT THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTIIWEST QUARTER OF SECTION 8 (AI-SO BEING CO-EXTENSryE WITH THE BOUNDARY OF PARCEL 'I, GOLDEN PEAK SKI BASE AND RTCREATION DISTRICT (RECEPTION NUMBER 352 I 6E), 500.2 1',52"W 57.24 FEET : THENCE N89'45'07"N 247.96 FEET: TIIENCE N33'20'55"W 282.22 FEE'| ; THENCE N89'4545'W 488.32 FEET; THENCE NOO"I42I'E 265.13 FEET TO A POINT ON THt] NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE wlTH SAID BOUNDARY OF TI{E FORMER VAIL VILLAGE. FIRST FILING ACCORDING TO TTIE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTTON NUMBER 96382) 589"43'59"8 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6,2OOO AT RECEPTION NUMBER 743366; THENCE ALONC THE WESTERLY BOLTNDARY OF SAID MILL CREEK SUBDIVISION 500'15'18"W 165.37 FEET TO'ITIE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE AIONG TIIE SOUTHERLY BOIJNDARY OF SAID MILL CREEK SUBDIVISTON S89'45'57'E 131.89 FEET: THENCE CONTINUING ALONC THE SOUTHERLY BOLINDARY OF SAID MILL CREEK SUBDTVISION S89'46'28"E 4I3.26 FEET TO TIIE SOUTHEAST CORNER OF SAID MILL CREEK STJBDIVISION: TTIENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION NOO'2I'I9"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NIJMBER 96382) S89"43'59"E 248.13 FEET TO THE TRUE POINT OI: BEGINNING. SAID PARCEL CONTAINING 5.I3 ACRES MORE OR LESS. ,-m THIS ITEM MAY AFFECT YOUR PROPERW 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, Vail Town Code, on April 24,2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation 2zonedistrict on a 5.13 ^ .^lrPL/ parcel of land commonly referred to as the "Front Door USFS land exchange parcel", n1--T located at 151 Vail Lane/ (A complete legal description is available at the Community fila l'- +- I Development Department), and setting forth details in regard thereto. (PEC06-0014) t-'' Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development CompanyPlanner: George Ruther A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17 , Yariances, Vail Town Code, to allow for a site coverage variance to construct a residential addition, located at 1816 Sunburst Drive, Units A and B/Lot 1 Vail Valley Filing 3 and setting forth details in regard thereto. (PEC06-0016) Applicant John K. and Helen Jo Cahalin, represented by RKD Architects' Planner: Warren Camobell A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion's Square Lodge North Condominium Association, represented by Viele DevelopmentPlanner: Bill Gibson A requept for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. (PEC06-0020) Applicant: Helmut Reiss, represented by lsom & AssociatesPlanner: Matt Gennett A request for a final review of an amendment to a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of an amendment to a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code to allow for the development of 4 additional multi-family residential dwelling units (total of 111 dwelling units), located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences)(PEC05-0021 and PEC05- 0022). Applicant: Vail Associates, Inc., represented by Jay petersonPlanner: Warren Campbell A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 1722 Buffehr Creek Road/Lot 5, Block A, Lia Zneimer Subdivision, and setting forth details in regard thereto. (PEC06-0025)Applicant: Crack of Noon, L.P., represented by KH Webb ArchitectsPlanner: Elisabeth Eckel Reed 'Itl -^lt':i,n request for final review of an amended final plat, pursuant to Chapter 13-12,':r.-'';.Exemption Plat Review Procedures, Vail Town Code, to allow for floodplain; .1 ' modifications, located at 2764, 2754, and 2695 South Frontage Road/Lots A, B, and C, Stephens Subdivision; and a request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floodplain, located al2764, 2754, and 2695 South Frontage Road/Lots A, B, and C, Stephens Subdivision, and 2450 South Frontage Road/Unplatted and setting forth details in regard. (PEC06-0001 and PEC06-0027)Applicant Town of Vail, Louise Young, Brian Hoyt, Maggie Froning, Lorraine Howenstine, and Chas BernhardtPlanner: Bill Gibson A request for a recommendation to the Vail Town Council for proposed text amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development lmpacts, to clarify the inclusiorqof employee housing as a mitigation of development impacts; Section 12-8G3, Conditional Uses, to allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation District; Subsection 12-18-58, Density Control, to clarify limitations on structures which do not conform to density controls; and Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; Vail Town Code, and setting forth details in regard thereto. (PEC06-0026) Applicant: Town of Vail, Community DevelopmentPlanner: Rachel Friede The app[ications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published April 7, 2006, in the Vail Daily. toRrGlNAL MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May 16,2006 SUBJECT: First reading of Ordinance No. 12, Series of 2006, AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TO AS "FRONT DOOR USFS LAND EXCHANGE PARCEL'TO SKt BASE REACREATTON-2 D|STR|CT (SBR-2), AND SETTING FORTH DETAILS IN REGARDS THERETO. On May 8, 2006, the Town of Vail Planning and Environmental Commission voted 5-0-0 (Pierce recused) to fonryard a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to zone Vail's Front Door Land Exchange Parcel to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated May 8, 2006, has been attached for reference (Vail Town Council Attachment A). Attached to this memorandum is a copy of Ordinance 12, Series of 2006 (Vail Town Council Attachment B). The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 12, Series of 2006. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 12, Series of 2006, on first reading. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department May 8, 2006 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation-2 zone district on a 5.13 parcel of land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/(A complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development CompanyPlanner: George Ruther il. SUMMARY The applicant, the United States of America and the United States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Community Development Department to allow for the zoning of "Front Door USFS /and exchange parcel' to the Ski Base Recreation-2 zone district (SBR-2) . A complete legal description has been attached for reference (Attachment A). The applicant has submitted the application in anticipation of the redevelopment of the Vista Bahn ski yard more commonly refened to as Vail's Front Door. Staff is recommending approval of the applicant's development review application. DESGRIPTION OF REQUEST The applicant, the United States of America and the Unitad States Forest Service, represented by Vail Resorts Development Company, has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby the "Front Door USFS land exchange parcel" is zoned to the Ski Base Recreation-2 (SBR-2) zone district. According to the applicant, the zoning is intended to facilitate the redevelopment of the Vista Bahn ski yard. A vicinity map of the development site and surrounding area has been aftached for reference. (Attachment B) Vail Town Council Attachment: A 1il.BACKGROUND On April 1, 2003, the Vail Town Council approved Resolutions No. 2 & 3, Series of 2003, amending the Vail Land Use Plan and the Vail Village Master Plan to include the area of the Front Door USFS land exchange parcel into the Plans, and approved Ordinance No. 4, Series of 2003, amending the Zoning Regulations and creating the Ski Base Recreation - 2 District. On May 2, 2006, the Vail Town Council approved Ordinance No. 11, Series of 2006, approving the annexation of the Front Door USFS land exchange parcel into the Town of Vail. ROLES OF THE REVIEWING BODIES Rezoninq/Zone District Boundarv Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Gouncil: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with sunounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. AppltcnaLE PLANNTNG DocuMENTs Town of Vail Zoninq Requlations ffitle 12. Vail Town Code) (in oart) 12-8E-1: PURPOSE: The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permifted within the district. The ski tv. v. base/recreation 2 district is intended to ensure adequate light, air, open space and dher amenities appropriate to permifted and conditional uses throughout the district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public i'hferesfs' that go beyond any economic benefits to the landowner. Town of Vail Land Use Plan (in oart) Chapter ll- Land Use Plan GoaldPolicies 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential. commercial and recreational uses to serve both the visitor and the permanent resident. 1,,2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.6 Development proposals on the hillsides should be evaluated on a case by: case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan.b) The parcel is adjacent to the Town boundaries, with good access.c) The affected neighborhood can be involved in the decision-making process. 1.9 The existing condition and use of National Forest Land (USFS) which is exchanged, sold, or otherwise falls into private ownership should remain unchanged. A change in the existing condition and use may be considered if the change substantially complies with the Vail Comprehensive Plan and achieves a compelling public benefit which furthers the public interest, as determined by the Town Council. (Res. 2 (2003) 51) 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town.b) Expanded points of access to the mountain by adding additional base portals.c) Continuing to provide temporary surface parking.d) Addition of structured parking. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Village Gore / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 4.3 5. 5.1 6. 6.1 6.2 5.4 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Residential Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Residential growth should keep pace with the market place demands for a full range of housing types. Community Services Services should keep pace with increased groMh. The Town of Vail should play a role in future development through balancing groMh with services. Services should be adjusted to keep pace with the needs of peak periods. Vail Villaoe Master Plan (in oart) Land use categories in Vail Village include the following: Ski Base/Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically- pleasing transition between the ski mountain and sunounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural/art events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub-areas are delineated in this Plan. Sub-areas were determined based on a number of different considerations. Foremost among these were: . design and site characteristics . geographic or physical boundaries 6.3 ' o land uses and ownership patterns Each of the ten sub-areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement prgects, referred to as sub-area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub-area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub-areas (which follow), provide detailed descriptions of each sub-area concept and express the relationship between the specific sub-area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub-area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub-area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub-area concepts. FRONT DOOR SUB-AREA (#11) W,,'\v:@ ; -ill -t *ir---2.----e :-a ==S=S=;\-l-=_--+:\__: The Front Door sub-area plays a critical role in the interface between the ski mountain and the fabric of Vail Village. As the premier guest portal to Vail Mountain, the Front Door area should reflect in both use and design the world-class stature of the Vail resort and community. The goals for development in this sub-area are as follows: . To provide for a year-round, world-class guest experience at the interface between Vail Village and the ski mountain.r To provide new and improved guest service facilities at the top of Bridge Street that will not only improve the quality of the entire guest experience, but will increase evening guest retention in Vail Village.r Provide for new below-grade loading and delivery facilities to better serve the Front Door and upper Bridge Street areas, consistent with the overall "dispersed quadranf' approach of the Vail loading and delivery master plan.. To provide a venue for outdoor cultural/art and sporting events and other similar special community events.r Provide for the removal of surface vehicular traffic and parking that currently occurs within the sub-area.r To provide for limited (6-10 dwelling units/acre) medium density residential development.r With the exception of development that may be approved within Sub-Area Concepts 11-1 and 11-2, the balance of the Front Door Sub-Area should remain in a predominantly undeveloped, open space condition. The Front Door Sub-area includes two Sub-Area Concepts. Please refer to the Vail Village Master Plan Action Plan for a graphic depiction of these concepts. # 11-1 Lodqe Exchanoe Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual qualiV of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest anival spaces should be located below grade. Existing mountain and USFS ace€ss should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pbdestrian/bicycle connection between Willow CircleA/ail Road and the Vista Bahn ski yard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to regrade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with nbw skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. lf developed, the scale of a skier/guest service buibing should be limited to one-story as viewed from the skier plaza area. ;a VI. ZONING ANALYSIS The following zoning analysis provides the development potential allowed in the Ski Base Recreation-2 District. Address: 151 Vail Lane Legal Description: Lots 1 and 2, Mill Creek Subdivision, Tract E, Vail Village First Filing, and UnplattedZoning: Ski Base Recreation -2zone districts Land Use Plan Designation: Ski Base Recreation and Vail Village Master PlanHazards: Areas of 40% Slope Lot Area: 261,685 square feeU6.01 acres QevelopmentStandards Allowed Prooosed Lot Area (min.): 10,000 sq. ft. 261,685 sq. ft. of buildable area of buildable area Setbacks: As indicated on the > 20'and as indicated on the approved development approved developmentplan plan Building Heishr(max ), ::'.;:r";;;l$:"f"0 y;i9:#'*iili:lffir' development plan on the approved development (Compliance with the plan Vail Village Master Plan is required) Density Control:(du's/ac) 48 du's or 8 du's/ac 13 du's or 2.2 du'dac(GRFA) As indicated on the 36,500 sq. ft. approved development 1 Plan Site Coverage: As indicated on the As indicated on the approved development approved development plan plan Landscaping and Site Development As indicated on the As indicated on the approved development approved development plan krking/Loading Plan and Program: As indicated on the See attached spreadsheet plan approved development plan vil.SURROUNDING LAND USES AND ZONING > 90% of the parking is enclosed per the Code requirements North: South: East: West: Land Use Mixed Use Development USFS Residential Residential Zoninq Commercial Core 1 N/A Primary/Secondary Primary/Secondary VIII. CRITERIAANDFINDINGS Amendment to the fficial Zonino Mao of the Town of Vail (zonino of annexed areas) Chapter 3, Administration and Enforcement, Title '12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town;' Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone the Front Door USFS Land Exchange Parcel (A complete legal description has been attached for reference (Attachment A)) to the Ski Base Recreation-2 (SBR-2) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Gomprehensive Plan and is compatible with the development objectives of the Town; and Section V of this memorandum outlines the goals and policies that are relevant to the proposed zoning of the Front Door USFS land exchange parcel. The requested zoning specifically implements the Vail Land Use Plan land use designation and Vail Village Master Plan of Ski Base Recreation which states, in part, that, "Located at the Dase of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and seruices inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically-pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort seruices, ski lifts, ski trails, base facilities, public restrooms, ticket sales, c/ubs, public plazas, outdoor culturaUart events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. " According to Section 12-8E-1: Purpose; Skl Base Recreation-2 District, "The ski base/recreation 2 district is intended to provide sr'les for facilities, activities and uses necessary for and appuftenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associafed with a vibrant resort community are also permifted within the district. The ski base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permifted and conditional uses throughout the district. ln order to achieve this objective and to ensure compatibility with adjacenf /and useg all permifted uses, development and activity within the district shall be subject to approvalof a comprehensive development plan in accordance with the provisions of this afticle. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resoft character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests'that go beyond any economic benefits to the landowner. This Zone District was specifically developed to provide incentives for propefties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master PIan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consisfenf with the Lionshead Redevelopment Master PIan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developmenUredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: sfreefscape improve ments, pedestrian/bicycle access, pu bl ic plaza redevelopment, public art, roadway improvements, and similar improvements." The proposed zoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. l0 3. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Ski Base Recreation - 2 District establishes land use regulations that are consistent with the proposed uses on the parcel and are suitable with the existing and potential sunounding land uses. The proposed use of the property will remain as a ski mountain portal to Vail Mountain, albeit in a much improved condition and substantially increased level of quality. The zone district boundary amendment is consistent with existing and potential uses on sunounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Village Master Plan and Low Density Residential. Pursuant to the Plan, the existing land use designation is Ski Base Recreation. The area governed by the Vail Village Master Plan is designated as Village Master Plan. A review of the Zoning Regulations demonstrates that the uses allowed in the Ski Base Recreation - 2 zone district are compatible with both the intent and purposes of the sunounding land use designations. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistEnt with municipal development obiectives; and The Ski Base Recreation - 2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and the Vail Village Master Plan. Staff believes that the proposed zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, the parcel in question is located immediately adjacent to the commercial area of Vail Village. As such, according to Sub-area #"11 of the Vail Village Master Plan, the Front Door USFS land exchange parcel is identified as a location for a centralized loading and delivery facility. To that end, the Ski Base Recreation - 2 zone district allows"private or public off street loading facilitieS'as a permitted use. Additionally, the Vail Vilfage Master Plan states that a goal of the Plan is "to provide a venue for outdoor cultural/art and spofting events and other similar special community evenfs." In an effort to achieve that goal, the Ski Base Recreation - 2 zone district places an emphasis on the need to accommodate special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvementslfacilities, subject to the issuance of a special events license, on sites located within the District. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the communityl as a whole; and ll The proposed zoning establishes consistent zoning for the properg. This zoning will create a zone district consistent with the existing and proposed use of the property. The proposed zoning will provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Village Master Plan. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air qualityr, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the zoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Vail Village Master Plan, is to address the following goals: # 11-1 Lodqe Exchanqe Parcel Limited development of this site provides an opportunity to consolidate and/or remove existing uses and in doing so improve the visual quality of this area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS acoess should be maintained and if feasible placed below grade throughout the parcel. To the extent feasible, service and delivery facilities, including existing service and delivery facilities for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow CircleA/ail Road and the Vista Bahn ski yard should be retained. Development of this sub-area will attract additional traffic and population to this area and may have significant impacts on sub area 1-12 (Willow Circle). # 11-2 The Vista Bahn Park Redevelopment of ski yard should improve and emphasize the connection between the Vista Bahn lift area (the mountain) and the lower skier plaza area (the village). Opportunities exist to re-grade the ski yard to improve access and usefulness of the site. Existing modular ski storage structures in the ski yard should be replaced with new skier/guest service facilities to improve year-round use of the area and to encourage summer season usage. lf developed, the scale of a skier/guest service building should be limited to one-story as viewed from the skier plaza area. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone distric,t. The Ski Base Recreation - 2 (SBR-2) District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. A copy of the purpose statement of the zone district is provided in Section V of this memorandum. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject proper$r was adopted and is no longer appropriate. As this site has recently been annexed into the Town of Vail municipal boundaries, zoning does not presently exist on the site. Therefore, staff does not belive that this criteria is relevant to this application. Such other factors and criteria as the Commission and/or Gouncil deem applicable to the proposed rezoning. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission fonlrards a recommendation of approval of an amendment to the fficialTown of VailZoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to zone Vail's Front Door Land Exchange Parcel to the Vail Town Council. Staffs recommendation is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendmenf rc conssfent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the sunounding areas; and ' 3. That the amendment promofes fhe health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its esfab/rshed character as a resott and residential community of the highest quality." 6. 7. tx. l3 X. ATTACHMENTS A. Legal Description B. Vicinity Map l4 Vail's Front Door Annexed Area Zoning Application Planning and Environmental Commission - May 8, 2006 - REQUEST TO APPLY ZONING Vail's Front DooTAJSFS Exchanee Parcel March 6, 2006 Backsround/Purpose of this Request The purpose of this request is to apply Ski Base/Recreation 2zoring to a 5.13 acre parcel of land commonly refened to as the "USFS exchange parcel," as more particularly described in the attached legal description (the'?roperty''). The Property constitutes part of the site for Vail Resort's "Front Door" project at the base of Vail Mountain, which will otherwise be located partially on land currently owned by an affiliate of the applicant (Lots I arfi2, Mill Creek Subdivision), which land is already zoned Ski BaselRecreation 2 in furtherance ofthe "Front Door" project. The zoning of the Property as Ski Base/Recreation 2 will facilitate suitable development of the ski base area and create a compelling public benefit, furthering the pubic interest, for Vail Village as a world class ski resort community. The Vail Corporation C'VC'), an affiliate of the applicant, Vail Resorts Development Company, has entered into a land exchange agreement with the owner of the Property, the United States of America, acting by and through the Forest Service, Department of Agriculture ('USFS"). The closing of the land exchange agreemcnt will result in the conveyance of the Property in fee to VC. With the conveyance of the Property to VC expected to occur in the coming few weeks, it is appropriate for the Town to now consider the annexation petition (previously submitted) and this zoning application for the Property. However, because the USFS is the owner of the Property as of the date of this application, the USFS and the applicant mutually require that final zoning approval (and final annexation approval) do not occur until such time as the Property is conveyed to VC. Accordingly, this application is made subject to the condition that the second reading ofthe zoning ordinance (and second reading ofthe annexation ordinance) will not occur prior to the conveyance of the Property to VC. Attachment: A Vail's Front Door Application for Zoning Review Criteria Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: (l) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Analysis: In 2003 the Town of Vail approved amendments to the Vail Land Use Plan and the Vail Village Master Plan, the purpose of which was to establish goals and policies necessary to implement the redevelopment of the Vail Village portal to Vail Mountain (commonly refened to as Vail's "Front Door Project"). Following these master plan amendments the Town of Vail adopted a new zone district - Ski Base/Recreation 2. The purpose ofthis zone district, among other things, is to establish development standards that will implement the revitalization and redevelopment goals of the Town. Applying the Ski Base/Recreation2 zone district to this area is directly consistent with the goals, objectives and policies of the Town's Land Use Plan and Vail Village Master Plan. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential sunounding land uses as set out in the town's adopted planning documents; and Anal-vsis: The proposed rezoning will facilitate the upgrade and revitalization ofthe "Front Door" to the Vail Village. The proposal will allow the removal of some unsightly and unorganized uses and replace those with uses which are compatible with the surrounding residential and commercial activities and consistent with the operation of a ski mountain. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Analvsis: The proposed Ski Base/Recreation 2 zone district allows for development and land uses typically associated with ski mountain base areas. The proposed zoning will also establish a framework for the upgrading and revitalization of the "Front Door" to Vail Mountain. The proposed rezoning is consistent with the goals and policies of the Town and presents a harmonious, convenient, and workable relationship with land uses in the area. Vail's Front Door Application for Zoning (a) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Analysis: The proposed rezoning provides for the growth and development ofan orderly viable community consistent with the Town's development interests. Given the size ofthe Property and its natural integration into the ski base, the context and current use of adjacent property in concert with the ski base, and the proposed "Front Door" development of the ski base to further enhance Vail Mountain operations, the proposed rezoning does not constitute spot zoning. The intended uses in this zone district, including ski lifts, skier services and ticketing, loading and delivery functions and other compatible uses, will promote beneficial operation of the ski base area while improving the overall access to and complementing the existing uses in Vail Village. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features: and Analvsis: The Ski Base/Recreation 2 district outlines submittal requirements and development review procedures that include, among other things, the evaluation of potential impacts on environmental considerations. Given the nature of the Property and based on the Environmental Impact Report that has been prepared for Vail's "Front Door" project, the proposed development will not adversely impact the factors outlined above. The development of the "Front Door" project will result in beneficial impacts resulting from properly designed and constructed facilities, which will be developed to the Town's development standards. (6) The extent to which the zone district amendment is consistent with the purpose statement ofthe proposed zone district; and Analysis: The stated purpose ofthe Ski Base/Recreation 2 district is "to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety ofother facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the district". The Ski Base Recreation 2 district is proposed for land located at the base of Vail Mountain immediately adjacent to Vail Village. The planned "Front Door" project is consistent with this zoning application and the intended purpose ofthe zone district. Vail's Front Door Application for Zoning o (7) The extent to which the zone distict arnendment demonstrates how conditions have changed since the zoning designation of the zubject property was adopted and is no longer appropriate; and Analysis: This criteria is not relevant given the fact that the Property has not been in the Town of Vail and as such has not previously been zoned by the Town. The Property will be integrated with other propedies in the ski base area that are already zoned Ski Base/Recreation 2 dishict in furtherance of appropriate development of the "Front Door" to Vail Mountain. Vail's Front Dos Application for Zoning (ATf,ACEUENT A) PARCEL DESCRIPTION: LOTS I AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE EO WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COIJNTY OF EACLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BTJREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2OO5 (LOT 4), AND DECEMBER 30, 1988 (LOT I ), AND AT^SO BEINC DESCRIBED ALTERNATIVELY AS FOLLOWS: BECINNING AT TTIE NORTHWEST I/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SD(TH PRINCTPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH t/l6 CORNER OF SECTION ? AND SECTION 8 BEARS N89N43'59"W A DISTANCE OF 1322.52 FEET. SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER Ot' SAID SECTION 8 (ALSO BETNG CO-EXTENSTVE WITH THE BOL'NDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6. 1962 AT RECEPTION NUMBER 96382) THE FOLLOWINC TWO COURSES: l) s00'21's2"w 165.00 FEET 2) 500.21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO.EXTENSIVE WITH THE BOTINDARY OF PARCEL I, GOLDEN PEAK SKI BASE AND RECREATION DrsTzucT (RECEPTION NUMBER 352168), 500"21'52"W 57.24 FEET; THENCE N89"45'07"1N 247.96 FEET: THENCE N33"20'55"W 282.22 FEET ; THENCE N89"4545"w 488.32 FEET; THENCE NOO"I4'2I"E 265.13 FEET TO A POINT ON THE NORTIT LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONC SAID NORTH LINE (AGAIN AISO BETNG CO-EXTENSM WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, I962 AT RECEPTION NUMBER96382) 589'43'59"E IOO.OO FEET TO THE NORTHWEST CORNEROF MILL CREEK SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6. 2OOO AT RECEPTION NttMBER 743366: THENCE ALONG Tt{E WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIvISION S00'15'18'W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDlvlSION; THENCE ALoNG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDryISION S89"45'57"E 131.89 FEET; THENCE CONTTNUINC ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SIIBDWISION 589'46'28"E 4I3.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDwISION: THENCE ALONC THE EASTERLY BOIJNDARY OF SAID MILL CREEK SUBDryISION NOO'2I'I9"8 165.00 FEET TO A POINT ON 'I.[IE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SIIBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSryE wlTH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NI"-IMBER 96382) S89'43'59"E 248.I3 FEET TO THE TRUE POTNT OF BEGINNING. SAID PARCEL CONTAININC 5.I3 ACRES MORE OR LESS. Vail's Front Door Annexed Area Zoning Application Planning and Environmental Commission - May 8, 2006 - Lob I e 2, [lll C|t f asb. Zonad: Ekl Lra iact atlon - 2 (Odln nc. }lc. 2tr tad..2OO3) ORDINANCE NO.12 Series of 2006 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TOAS "FRONT DOOR USFS LAND EXCHANGE PARCEL" TO SKI BASE REACREATION-2 DISTRICT (SBR.2), AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the VailTown Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the .Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on May 8, 2006, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, a complete legal description of the area to be zoned is on file intheTown of Vail Communig Development Department and attached to this Ordinance; and WHEREAS, the Vail Town Councilfinds the proposed amendment to the "Zoning Map" is consistentwith the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the 'Zoning Map" is compatible with and suitable to adjacent uses and'appropriate for the sunounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest ORDINANCE NO. 12. SERIES OF 2006 Vail Town Council Attachment: B quality. NOW. THEREFORE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The Front Door USFS Land Exchange Parcel shall be zoned to Ski Base Recreation - 2 (SBR-2) District, as legally described on Exhibit A attached hereto. Sectlon 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall noteffectthe validityof the remaining portions of this ordinance; and the Town Council herebydeclares itwould have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3, The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not afiect any right which has accrued, any duty imposed, any violation that occuned prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Sectlon 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent ORDINANCE NO. 12. SERIES OF 2006 herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FTRST READING this 16b day of May, 2006, and a public hearing for second reading of this Ordinance set for the 6s day of June, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest Lorelei Donaldson, Town Clerk oRDTMNCE NO. 12, SERTES OF2006 EXHIBITA Legal Description of Property to be Zoned LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SD(TH PRINCIPAL MERIDIAN, COIJNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESTJRVEYS AND SURVEYS COMPLETED BY THE UNTTED STATES DEPARTMENT OF THE INTERIO& BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2OO5 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BErNG DESCRIBED ALTERNATMLY AS FOLLOWS: BEGINNING ATTHENORTTIWEST I/16CORNEROF SECTION 8, TOWNSHIP5 SOUTH,RANGE 80 WEST, OF TTIE SD(TH PRINCIPAL MERIDIAN, COTINTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH I/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89'43'59"W A DISTANCE OF 1323.26 FEET. SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSTVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6.1962 AT RECEPTION NTJMBER 96382) THE FOLLOWING TWO COURSES:l) s0o.2l'52"w 165.00FEET2) 500.21'52"W 277.76FBET THENCE ALONG SAID EAST LINE OF THE SOUTIIWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSTVE WrTH THE BOUNDARY OF PARCEL l, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168), 500"21'52"W 57.22FEET; THENCEN89"45'07"W 248.01 FEET: TI{ENCEN33'20'55'\tr 282.22F8ET; THENCE N89o45'45'W 488.32 FEET; THENCE N00o14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF TTIE NORTTIWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSWE WTTH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOFRECORDED AUGUST 6, 1962 ATRECEPTIONNUMBER96332) S89'43',59"E99.99FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDTVISION, ACCORDING TO TI{E PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THEWESTERLYBOUNDARYOF SAID MILLCREEK SI.]BDTVISION SOO'I5'18"W 165.37 FEETTO THE SOUTHWEST CORNER OF MILL CREEK SLJBDTVISION; THENCE ALONG TIIE SOUTHERLY BOUNDARY OF SAID MILL CREEK SLJBDIVISION S89"45'57"E 131.89 FEET: THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDMISION S89'46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEKSUBDWISION; TIIENCE ALONG THE EASTERLY BOI.]NDARY OF SAID MILL CREEK SI.JBDIVISION NOO"2 I ' I9"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTTIWEST QUARTER OF TTIE NORTHWEST QUARTER OF SECTTON 8, SAID POrNT ALSO BEING TtrE NORfimAST CORNER OF SAID MILL CREEK SUBDTVISION; TI{ENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO- EXTENSTVE WITH THE BOUNDARY OF T}IE FORMER VAIL VILT/,GE, FIRST FILING, RECEPTTON NUMBER 96382) 589.43'59'8248.12 FEET TO TIIE TRLIE POINT OF BEGINNING. 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