HomeMy WebLinkAboutPEC100026 SDD6 major amendment 061410MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 14, 2008
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a major amendment to Special Development District
No. 6, Village Inn Plaza, to allow for a change in land use, an increase in site coverage and building footprint, a decrease in the side setback and a deviation from parking requirements
to accommodate a new restaurant, located at 68 East Meadow Drive, Unit 602/ Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100026)
Applicant: Joe Staufer, represented by John G. Martin
Planner: Rachel Friede
______________________________________________________________________
SUMMARY
The applicant, Joe Staufer, represented by John G. Martin of Martin Manley Architects, is requesting that the Planning and Environmental Commission make a recommendation to the Vail
Town Council for a major amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phase III. The major amendment proposal will facilitate a new restaurant at 68 East
Meadow Drive. The restaurant space is being proposed within what was most recently retail, office and common space. However, approval was granted to convert the existing office and
retail space to residential for an addition to an existing dwelling unit. The major amendment would repeal that approval and allow for the conversion of the common space, retail and
office to restaurant.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning
and Environmental Commission forwards a recommendation of approval of the major amendment to SDD No. 6, Village Inn Plaza.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing the following major amendments to SDD No. 6, Village Inn Plaza, which will occur at Building Two of Phase III:
Repeal of Ordinance No. 22, Series of 2008, which converted 1,237 square feet of commercial space to residential space, which was never constructed.
The 1,237 square feet of commercial that was approved to be converted to residential space included:
Digits Nail Boutique (108 net square feet of personal service)
Portion of Robinson, Mitchell & Associates (115 net square feet of office)
Portion of To Catch a Cook (976 net square feet of retail)
Miscellaneous - Interior walls to be removed (38 net square feet)
Conversion of 3,011 square feet of three existing commercial spaces (Digits, To Catch A Cook (most recently Worth Home, but now vacant) and Tezla Lingerie (now vacant)), including 1,122
square feet of the commercial space that was approved to be converted to residential (the portion of Robinson, Mitchell & Associates that was to be converted will remain part of that
office)
Addition of 6 square feet of site coverage for a chimney on the east side the building, with site coverage added eight (8) feet above grade
Addition of 22 square feet of above grade building footprint for chimney that does not increase site coverage due to basement level below
The proposed restaurant will include 6 built-in hibachi tables, a sushi bar, a liquor bar, general table seating and a large commercial kitchen. A mechanical unit will be housed in
what is now Digits Nail Boutique. The building façade that currently includes the entrance to Digits, which faces the pedestrianway adjacent to Solaris, is proposed to be converted
to a back entrance to the restaurant and venting for the mechanical unit within that space. A grease interceptors will likely be installed in the parking garage below.
Figure 1: Vicinity Map
III. BACKGROUND
Special Development District (SDD) No. 6, Vail Village Inn, was adopted by Ordinance No. 7, Series of 1976. SDD No. 6 is comprised of 3.45 acres and consists of five phases of development,
illustrated below:
The following is a summary of the previously approved ordinances and amendments within SDD No. 6:
Ordinance No. 7, Series of 1976 adopted SDD No. 6, Vail Village Inn.
Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs) and 72,400 square
feet of GRFA, devoted entirely to AUs in Phase IV.
Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The amendment allowed Phase IV to be broken into two distinct and separate phases, which were called Phase
IV and Phase V. This ordinance also set the maximum GRFA far the SDD at 120,600 square feet. Further, the ordinance required a minimum of 14 AUs and 67,367 square feet of GRFA devoted
to AUs in Phases IV and V.
Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of 124,527 square
feet. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The space consists of 3,927 square
feet of GRFA. This ordinance also maintained the approval for a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases IV and V of SDD No. 6. (Note: Staff recommended
approval with 2 conditions: 1) to decrease the proposed square footage from 5,714 sf to 3,927 sf, which was the size of the one existing residential unit in the building and 2) that
the unit be use restricted according to Old Code Section 17.26.075, which states, ‘condominium units created shall remain in the short term rental market to be used as temporary accommodations
available to the general public.’ PEC recommended denial for the purpose of maintaining retail in the Village core. Council overturned PEC and approved with Staff conditions 7-0)
Ordinances No. 1 and No. 4, Series of 2000, a major amendment to Special Development District No. 6 was approved to allow for construction of the Vail Plaza Hotel.
Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase I, which brought the total allowable GRFA for the entire SDD No. 6 to 182,325 square feet.
Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase IV (i.e. Vail Plaza Hotel), and did not specify, in the form of a revised Approved Development
Plan, the total allowable GRFA for the entirety of SDD No. 6.
Ordinance No. 32, Series of 2003, adopted a major amendment to SDD No. 6, allowing for the conversion of 2,132 square feet of restaurant area to create a new dwelling unit above the
Alpenrose Restaurant, which increased the amount of allowable GRFA for SDD No. 6 to 184,708 sq. ft.
Ordinance No. 6, Series of 2005, adopted a major amendment to SDD No. 6, Phase I, to allow the conversion of 1,158 square feet of retail space (Phoenix Rising and Steven Reeves Art Gallery)
to residential which increased the amount of allowable GRFA for SDD No. 6 to 186,561.
Ordinance No. 22, Series of 2008, adopted a major amendment to SDD No. 6, Phase III, to allow the conversion of 1,237 square feet of office and retail space (Digits Nail Boutique, portion
of Robinson, Mitchell & Associates and To Catch A Cook) to residential, which increased to amount of allowable GRFA for SDD No. 6 to 187,798. However, this conversion has not taken
place. Conditions of approval were as follows, with the first condition not met and the second condition for the accessibility and delivery lift currently under construction:
The applicant shall provide a recorded deed restriction, acceptable to the Town Attorney, for a minimum of 375 square feet, acceptable to the Zoning Administrator, prior to the issuance
of a building permit.
The applicant shall install an accessibility and delivery lift located near Osaki’s, prior to the issuance of a temporary certificate of occupancy or certificate of occupancy. The applicant
shall submit a development plan that reflects the location, installation specifications and documentation for the maintenance and repair of said accessibility and delivery lift, for
review and approval by the Town Attorney and Zoning Administrator, prior to the issuance of a building permit.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations (in part)
12-9A: Special Development (SDD) District
12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use;
to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural
and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan
12-9A-2: DEFINITIONS (in part)
Major Amendment: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special
development district (other than ‘minor amendments’ as defined in this section).
MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district,
and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet (5') to approved setbacks and/or
building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross
floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except
as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title.
12-7A: PUBLIC ACCOMODATION (PA) DISTRICT
12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities
and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district
and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and
to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses
which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district.
Town of Vail Land Use Plan (in part)
Chapter I – Introduction - 1. Purpose of Project (in part):
This document is intended to serve as a basis from which future decisions may be made regarding land use within the Valley. The primary focus of the Land Use Plan has been to address
the long-term needs and desires of the Town as it matures.
Chapter II – Land Use Plan Goals and Policies (in part):
The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings held throughout the project. These goal statements should be used
in the evaluation of any development proposal.
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.
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.
4. Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to
facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village
Master Plan.
Vail Village Master Plan (in part)
Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public
plazas, and streetscape improvements to the pedestrian network throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements.
Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian
ways)
Objective 3.3: Encourage a wide variety of activities, events., and street life along pedestrian ways and plazas.
Objective 4.1: Recognize the different roles of each type of open space in forming the overall fabric of the Village.
Policy 4.1.2: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce
their roles as attractive people places.
MIXED USE SUB-AREA (#1)
The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along
East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity.
There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the
4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing
the established pedestrian linkages. Pedestrianization in this area may; benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive
and the development of public access to Gore Creek.
A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final, phase of the Vail village Inn project. In addition, commercial
and residential/lodging development potential is identified in sub-area concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the sub-area "built out".
#1-1 Vail Village Inn (Map right)
Final phase of Vail Village Inn project to be completed as established by development plan for SDD #6. Commercial development at ground, level to frame interior plaza with greenspace.
Mass of buildings shall "step up" from existing pedestrian-scale along Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive to maintaining view corridor from
4-way stop to Vail Mountain.
#1-6 Crossroads Infill (Map right)
Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration
of infill may be done a number of ways, it is the overall intention to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong
building edge on Meadow Drive and streetscape improvements. Improvement of the planted buffer adjacent to the Frontage Road is also important. Relocation of loading and delivery functions
and entry to parking structure from Frontage Road is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme.
VI. ZONING AND LAND USE ANALYSIS
Zoning: Special Development District No. 6 and
Public Accommodation (PA) District
Land Use Plan Designation: Village Master Plan
Lot size: 3.45 acres or 150,282 square feet
Development Standard Allowed Existing Approved by Ord 22, Series of 2010 Proposed Deviation GRFA 186,561 sf 186,561 sf 187,798 sf 186,561 sf +1,237 sf from approved, no change from
existing Commercial 43,566 sf 42,329 sf Setbacks for Bldg 2, Ph III
-North
-South
-East
-West As built
20’ to bldg
24’ to prop line
16’ to prop line
0’ to prop line
20’ to bldg
24’ to prop line
16’ to prop line
0’ to prop line
20’ to bldg
24’ to prop line
14’ to prop line
0’ to prop line
No change
No change
-2 feet
No change Maximum
Height As built 35.5 feet 35.5 feet 35.5 feet No change Required Parking 291 spaces 291 spaces (with 1 space deeded to residential unit) 291 spaces Site Coverage As built 92,036
sf (61%) 92,036 sf (61%) 92,042 sf (61.25%) + 6 sf Landscape Area As built 36,433 sf (30%) 36,433 sf (30%) 36,433 sf (30%) No Change
*Note: The number of required parking spaces in the Vail Village Core Parking Area, for a dwelling is 1.4 spaces, for office is 2.7 per 1,000 (115 sf decrease - .31 spaces) and for retail
is 2.3 per 1,000 sf (1,084 sf decrease – 2.5 spaces). Therefore, the parking requirement would decrease by 2.81 spaces, with the loss of 1,237 sf of commercial. One existing, underground
parking space is proposed to be deeded to residential unit #110 if the proposal is approved.
* The allowed standards are the existing conditions, stated under ‘Existing’ in the table, taken from PEC Staff Memorandum regarding the last amendment to SDD #6, dated January 24,
2005.
** The allowed standards are the existing conditions, stated under ‘Existing’ in the table, taken from the approved development plans dated 4-4-80, revised 2-2-81, drafted by Santangelo-Dahman
Architects.
VII. REVIEW CRITERIA AND FINDINGS
The following are the review criteria found in Section 12-9A-8, Design Criteria, that are used to evaluate a major amendment to an SDD, with Staff findings below each criteria:
Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
Staff believes the proposed exterior alterations, including new windows and a door are compatible with the existing building architecture. There are no exterior building additions proposed.
Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.
Staff believes the proposed use change of the existing commercial service (Digits Nail Boutique), office (Robinson, Mitchell & Associates) and retail (To Catch a Cook) on the pedestrian
level of the building is inconsistent with the surrounding uses and activity. The proposed addition will privatize the pedestrian-level façade and create an un-welcoming, in-active,
dark plaza frontage that will hinder the existing, adjacent retail (Tezla Lingerie) and showroom (Claggett-Rey Gallery) activity in the pedestrian plaza. The subject site is within
the Public Accommodation Zoning District, which purpose states: permitted uses are intended to function compatibly with the high density lodging character of the zone district. Staff
believes the conversion of existing commercial space within Vail Village’s core, to residential, would be in conflict with the intent of the Public Accommodation District, in that a
private residence, on the pedestrian level, does not service guests or function compatibly with the public use of the pedestrian plaza.
The adjacent property, directly to the east, Solaris, is currently under construction. The proposed plans include a pedestrian tunnel that will link the Vail Village Inn pedestrian
plaza (subject property) with the proposed Solaris plaza and shops. The tunnel, when complete, will provide a pedestrian connection that increases circulation and vibrancy through the
retail corridor. The pedestrian connection in the subject property retail area is highlighted as part of the Village pedestrian network, illustrated in the Vail Village Master Plan
– ‘Parking and Circulation Plan’ (below).
Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code.
The proposed conversion of 1,237 square feet of commercial to residential would reduce the parking requirement within SDD No. 6, by 2.81 spaces as calculated in Section VI, Zoning, above.
The proposal includes plans to deed 1 additional parking space to unit #110, bringing the total to 3 spaces.
The provisions of SDD No. 6 (Ordinance No. 16, Series of 2004) state the following with regard to loading and delivery:
Section 5.9. “That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the
facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may
be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system.’
It shall be noted that any proposal in Phase III, if approved, would require a link to the loading /delivery system mentioned in the above provision. Specifically, a condition of approval
shall require a new loading and delivery garage door on the west end of the existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza’s existing
loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road. The garage door addition will provide loading and delivery
services to Phase III and would be a condition of approval for any proposal in Phase III. Since this application was submitted, a building permit was submitted to comply with the above
mentioned loading requirement, and is currently being reviewed.
D. Conformity with the applicable elements of the Vail Comprehensive Plan.
Staff believes the proposal, to convert existing office and retail space, fronting on a major pedestrian way in Vail Village, to residential for an addition to an existing dwelling
unit is in conflict with the following sections of the Town of Vail Land Use Plan and Vail Village Master Plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the proposed amendments are not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek
or its tributaries.
Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
The proposed addition does not disturb any natural features or vegetation.
A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.
The proposed conversion of existing office and retail space to residential for an addition to an existing dwelling unit on the existing pedestrian plaza level will be detrimental to
the pedestrian/ visitor experience by limiting the activity and vibrancy on the pedestrian circulation corridor. As mentioned in Criteria B, above, the subject property pedestrian plaza
is part of the Village Pedestrian Network, designated in the Vail Village Master Plan – ‘Parking and Circulation Plan.’
It shall be noted that any proposed changes to Building No. 2 of Phase III (subject property), if approved, shall require the improvement of the pedestrian walkway, pursuant to policies
in the Vail Village Master Plan, on the east side of Building No. 2, connecting the north pedestrian plaza with the East Meadow Drive walkway. Improvements shall include, but not be
limited to, resurfacing, landscaping and ADA (American’s with Disability Act) compliance.
Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions.
No changes to landscaping are proposed through this request. However, if approved, Staff would recommend a condition of approval be added to improve the landscaping on the east side
of Building No. 2 along the pedestrian walkway.
Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.
Staff believes this criteria is not applicable because the amendments will not occur in phases.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions for a major amendment to Special
Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development District, Vail Town Code, to the Vail Town Council. Staff’s recommendation is based upon
the review of the criteria found in Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District,
the Department of Community Development recommends the Commission pass the following motion:
“Based on the criteria and findings in Section VI of the Staff’s June 14, 2010 memorandum to the Planning and Environmental Commission, the Planning and Environmental Commission forwards
a recommendation of approval with conditions for
Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District,
the Department of Community Development recommends the Commission makes the following findings:
“The Planning and Environmental Commission finds:
That the amendment is consistent with 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, based upon the review outlined in Section VI of the Staff’s June 14, 2010, memorandum to the Planning and Environmental Commission; and
That the amendment further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VI of the Staff’s June 14, 2010, memorandum to the Planning
and Environmental Commission; and
That the amendment promotes the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that
conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VII
of the Staff’s September 22, 2008, memorandum to the Planning and Environmental Commission.”
IX. ATTACHMENTS
Applicant memorandum
Proposed Architectural Plans
Inclusionary Zoning (Employee Housing) Requirement
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