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HomeMy WebLinkAboutPEC110053 pec_results_092611PLANNING AND ENVIRONMENTAL COMMISSION September 26, 2011 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Pam Hopkins Michael Kurz John Rediker Tyler Schneidman Henry Pratt Luke Cartin 15 minutes A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 29, The Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on-site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview at Vail, Phase 3, and setting forth details in regard thereto. (PEC110051) Applicant: Craig B. Cohn and Sharon M. Puczynski Planner: Rachel Dimond ACTION: Approved with Conditions MOTION: Kurz SECOND: Rediker VOTE: 6-0-0 CONDITIONS: 1. The approval of a major amendment to SDD No. 29 is contingent upon the approval of an employee housing unit transfer in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Rachel Dimond made a presentation per the Staff memorandum. Craig Cohn, the applicant, stated that the unit is not close to the bus and is difficult to rent due to its location. Commissioner Rediker asked how many other EHUs are on site at this SDD. Rachel Dimond responded that there are no other EHUs on site. Commissioner Pratt asked why the EHU was smaller than the SDD specified. Rachel Dimond responded that the Town required only 433 square feet for an EHU upon recording of the EHU. 60 minutes A request for the review of variances from Section 12-6D-6, Setbacks, Section 12-6D-8, Density Control, and Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the side setback in excess of the allowable gross residential floor area and site coverage, located at 2586 Davos Trail/Lot 4, Block E, Vail das Schone Filing 1, and setting forth details in regard thereto. (PEC110053) Applicant: William R. Aylesworth, represented by Steve Francis Planner: Bill Gibson ACTION: Tabled to October 10, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 Bill Gibson made a presentation per the Staff memorandum. Commissioner Pratt asked why the breezeway is considered GRFA. Bill Gibson responded that the breezeway is GRFA because it is more than 75% enclosed. Commissioner Pierce asked for clarification about the number of allowable units on the lot. Bill Gibson clarified that due to the lot size, only one unit is allowed and the existing duplex is legally nonconforming. Commissioner Rediker asked how reducing the garage area from 640 to 600 square feet as recommended by Staff would affect the bulk and mass, specifically height. Steve Francis, representative of the applicant, stated that the entry will be shortened to make more room at the entry. Bill Gibson stated that there was a 3D model on the center table for the Commission’s review. Commissioner Pierce stated that it is reasonable to request a two-car garage. However, he was concerned about the impact of the proposed new bulk and mass above the existing house and lack of compatibility with the existing house. He supports a setback and site variance, but is against this specific proposal because of the new garage design. Commissioner Rediker asked about allowable driveway grades. He asked if a better solution would be to heat the driveway. Steve Francis stated the existing driveway has a 21% slope and is dangerous. In the winter, cars often get stuck and the house was hit three times last winter by cars entering the driveway. Bill Gibson stated that the maximum driveway grade is 10% when unheated, and 12% when heated. Commissioner Kurz stated that he is concerned about increased bulk of the garage design. He stated he is in favor of this because it a workable solution and similar to the previous design that received variance approvals. Commissioner Pratt stated that reducing the size of the garage by 40 square feet doesn’t make sense. Both units should have two car garages. He asked Staff if they built garage that didn’t touch the driveway, would they need to fix the driveway. He also asked about regulations that required no backing out of driveways. Bill Gibson responded that the provision prohibiting backing out into the road was removed from the regulations several years prior. Commissioner Pratt stated that the garage should be lowered in elevation. Commissioner Cartin said that it is unfortunate that existing mature trees will be removed. He agreed with the previous comments about additional building mass, and noted his concern about creating a long unbroken front façade. He asked the applicant to clarify what is proposed under the garage. Steve Francis explained the layout and identified a proposed crawl space under the garage. Commissioner Schneidman stated that the trees should be replaced and that the garage addition as proposed seemed out of character with the home. Commissioner Pratt asked about a tree replacement plan. Warren Campbell responded that trees will be replaced with a number of trees the DRB finds appropriate for the site, but not foot for foot as the site would like not be able to handle that level of additional planting. Commissioner Pierce asked if the slope on site is over 30%. Bill Gibson stated he did not know the exact slope, but the lot did was likely not in excess of 30%. Commissioner Kurz stated that they may want to instruct the applicant to come back. Commissioner Pierce stated that the garage is insensitive to the site and may need to be reduced in mass to minimize impacts to the neighbors. He suggested the applicant come back with a revised design that lowered the finished floor and roof heights of the proposed garage. Steve Francis stated that they considered all options and that the neighbor’s driveway and the steep grades are constraints on the design. Commissioner Pierce asked if the applicant wants to come back or if the applicant wants a final vote. Commissioner Kurz suggested that Staff’s proposed condition to reduce the floor area of the garage be stricken. 45 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12-15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage in the Hillside Residential, Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Districts, and setting forth details in regard thereto. (PEC110043) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to October 24, 2011 MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 Bill Gibson made a presentation per the Staff memorandum. Commissioner Kurz stated that the proposed amendments make GRFA more equitable. He asked if Kathy Langenwalter agreed with the proposed amendments. Kathy Langenwalter stated that when she originally read the regulations, she thought each deduction was taken in any order, not how the code is currently implemented. She noted that the proposed amendments clarified how GRFA should be calculated. Bill Gibson stated that while the appeal was for changes to calculations of GRFA related to HR, SFR, PS, R, Staff recommends changes to all residential districts. Commissioner Pratt asked if the basement deduction applies only to the extent to which you do a construct a garage. Bill Gibson explained that the deductions would occur in different columns. Commissioner Pratt expressed concern that it appeared that a double credit was being given for garage credits being located o the lowest level. He was concerned with the result of a negative GRFA calculation on the lowest level. Kathy Langenwalter spoke to the history of credits being given to property owners to construct a garage. Commissioner Pratt believes there is credit being given to the garage area which was not intended in the proposed language. Commissioner Cartin is concerned with the concept of negative GRFA. He does not understand how that is possible and it will result in bulk and mass above grade on the site. He believes there is a double counting of the credits. Commissioner Pratt believed that there would be unintended consequences based upon the proposal. Commissioner Kurz questioned how the proposed amendments could be abused. Commissioner Pierce suggested that the item be tabled and Staff provide additional examples of GRFA calculations under the existing and proposed regulations at their next hearing. 60 minutes A request for a recommendation to the Vail Town Council for prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski storage, and setting forth details in regard thereto. (PEC110054) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to October 10, 2011 MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 Rachel Friede made a presentation per the staff memorandum. She presented several photos of the activities that are occurring throughout the Village and Lionshead. She highlighted the policy direction provided by Council to get skis out of guests hands and boots off of their feet, thus encouraging lingering in the Village and Lionshead. She highlighted the history of the existing regulations and the intent to balance a lively retail with guest services. A summary of each businesses’ practices was presented. Greg Spencer, representing the Sebastian, advocated for finding a solution to the issue being raised. He highlighted that the troubled asset his owner took possession of was looking for a competitive advantage to offer guests in a hotel located along the Frontage Road. They identified a need for an anchor to the base of the mountain for both the summer and winter seasons. They found a commercial space in the Vista Bahn Building and initially wanted to do lockers, but after conversations with the Town, the lockers were abandoned and a commercial aspect was included. They looked at what they were permitted to do and embraced solutions which provided their guest’s needs and the town’s regulations. He pointed out a challenge with the steps at the rear of the commercial space and the trouble with getting a ski rack up and down the grade change. He offered that the average daily rate in the winter was increased by $45 dollars a night partially due to the reinvestment into the property and the asset at the base of the mountain. Commissioner Pierce inquired to the approximate floor area dedicated to ski storage. Mr. Spencer stated that out of 2,400 square feet, approximately 800 square feet was devoted to storage (30%). He added that they provide a variety of skis for their guests to accommodate the various snow conditions. Hans Willimann, general manager of the Four Seasons, felt that a ski concierge service was a necessity for their business. He highlighted that his business had to overcome the location of their hotel at a significant distance from the base of the mountain. He stated that 95% of guests are renting skis from Gorsuch with whom they have a 25 year agreement for the occupancy of the space and their provision of rental services. He described the operations that occur on each floor of the space. He spoke to the outside storage of the skis which is located off their property. He spoke to the scenario of the removal of the existing steps and the incorporation of a ramp. He added that he has worked with Vail Resorts to allow for a ski rack at the base of the ski yard in order to provide guests with the ability to not have to carry their skis to the snow. He concluded by stating that what he sees in the photographs is success as skis mean guest are in Town and revenue is being generated. Commissioner Pierce requested additional information on the various activities occurring on each floor of the building they are occupying. Mr. Willimann provided additional information on each floor and the use of the racks. He stated that only one rack is left at the base. Commissioner Kurz asked Mr. Willimann to respond to a photo of excessive racks outside of the Ski Haus and to speak to his experience in Europe resorts to potentially provide solutions. Hans Willimann stated that ski storage is typically at the base of the mountain and is typically at grade. He suggested the Town build a ski storage barn at the base of the mountain. Tom Siparo, owner of Double Diamond, stated that he is generally in favor of ski storage at or near the base of the mountain. He does have concerns that every business is not ideal for ski storage. He does not believe retailers would give up first floor area for a ski locker. He is concerned that there are regulations currently in place which are overlooked and unenforceable. He has a great deal of frontage on his property and he has some racks, but does not foresee putting racks along the full length. He supports a ski barn concept at the base of the mountain. This benefits all retailers. He stated tax revenue is not being collected due to ski storage being camouflaged as ski repair. He is not in support of hotels contracting with other retailers to provide ski storage. He added that he built 70 lockers in the basement of the Lionshead Centre and approximately 50 were leased on a season basis. He is concerned with businesses that are using loopholes. He does not believe signs placed on racks is attractive. He said the Town needs to resist having a bazaar flea market appearance. Commissioner Pierce asked if Mr. Siparo stored skis on the first floor or outside. Mr. Siparo stated that he only stores skis which are rented on the first floor. Jeff Babb, representing Vail Resorts, believes there is no doubt that ski storage is important and providing the service only adds to a positive guest experience. He spoke to the bazaar appearance and their use of the pop-up tents. The tents provide a visual queue to guests and are completely removable at the end of the day when the service is concluded. He believes that the concept of a ski barn is interesting as constructing below grade space is expensive. He said he does not believe people will abandon their retail for ski storage. Regarding clutter, he stated that this is a ski area and their will be skis. Commissioner Pierce asked Jeff Babb to speak to the situation at the Ski Haus which is what is of concern to the Town. Commissioner Kurz was concerned that the racks do not say whom the rack is to be used by and the use of the extent of the commercial frontage. What is occurring in this case is not appropriate. Jeff Babb, representing One Vail Place as the president of the HOA, added that the association is not favorable to what is occurring at the Hill Building. Commissioner Pierce stated that the first floor should remain public and not a private club. Jeff Babb suggested that limiting the amount of area for the orientation of the racks. He said racks should be signed to identify the use of the racks. He said it should not look like the racks are crammed into a space. Commissioner Kurz stated that there are numerous issues. There is a revenue issue, code enforcement issue and issue of location. He understands the need to have a presence at the base of the mountain, but asked rhetorically where will it end in terms of other businesses wanting to have the same advantage. He suggested a task force should be looking at this. He suggested that guest convenience is paramount, as well as merchant protection and protection of the right-of-way. Commissioner Pratt asked if there was a central ski storage ideally below the grade in the ski yard and how would it affect the business models. Tom Siparo stated that there are hotel guests and the general guest which are two different groups. Greg Spencer stated that the cost of ferrying skis is very expensive. Commissioner Cartin stated that the Ski Haus is an example of where we do not want to arrive. He is concerned about the number of hotel and lodges in Town and each operator wanted to meet the guest at the base of the snow yard which creates an undesirable situation at the end of the day. Jeff Babb believes that what is occurring right now is satisfying the majority of the guest’s needs. Jeff highlighted that it was rare to reach capacity in the public ski storage facility at the base of the mountains. Commissioner Kurz stated that the issue is on mountain boot and shoe storage. He believes that it is going to take more than the PEC to solve. Tom Siparo inquired as to what is currently permitted. Rachel Dimond stated what was allowed. Commissioners Pratt and Kurz stated that horizontal zoning must be protected. Commissioner Pratt stated that a part of the experience is window shopping and storage in the aisles at night should not be permitted. If there are tents they should always have to be manned. He believes this is a Town issue to find a central storage facility to address boot and skis. He does not believe there is enough retail in Town as the experience of shopping is done as soon as you walk the primary commercial areas. Greg Spencer stated that smaller hotels are likely not going to make an investment pencil out for smaller lodges. Warren Campbell asked Jeff Babb to speak with the partnership they had with certain lodges to store skis below Mountain Plaza. Jeff Babb spoke to the relationships with the Lodge at Vail and Austria Haus. Commissioner Pratt suggested that a conditional use permit may be appropriate for this type of use so that each situation can be reviewed and vetted for appropriateness. He suggested that through a CUP, an activity could be approved for a certain time period and be called up if necessary. Commissioner Pierce stated that a CUP process may be the way to go and as the use is understood more the regulations could be incorporated into a DRB application. Warren Campbell asked the commission to speak to whether the Four Seasons should be able to operate in the right-of-way. Commissioner Cartin stated that what he liked about the Four Seasons and the Arrabelle was that the use was contained and looked orderly unlike the Ski Haus situation. Bill Gibson compared outdoor ski staging to valet parking. Hans Willimann stated that parking valet and ski valet were not similar as 200 people in an hour and half do not request their cars. This is a chronic problem for all guests. He stated it would be ground breaking for an American ski mountain to have ski storage at the base of the mountain and a ski free experience from the parking garage to the base of the mountain. He added Aspen touts Vail as a truck stop with thousands of cars driving around like the Shriners convention and trucks putting on chains. Commissioner Rediker stated that it is obvious that there needs to be a limit to the number of ski racks. He added that this conversation is difficult as there are merchants and hotel operators which have different interests. A group which is not being represented is the general day visitor guest. One or two ski racks should be more than enough throughout the day. Greg Spencer stated that at full occupancy at the Sebastian, there are over 1,000 skis which need to be distributed in about an hour to an hour and half which is hard logistically. Jeff Babb stated that at Mountain Plaza they have to bring all the skis up in the morning because it is not known who will be coming and when in the morning. The racks are taken away as they are emptied and brought back in the afternoon. Commissioner Kurz asked to Staff to get feedback from Council on making this a CUP and include code enforcement and the Fire Department into the conversation. The Commission discussed that the intent is not to regulate the use of public ski racks. 5 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to October 24, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 5 minutes A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to October 10, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 5 minutes A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11-7-15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11-7-16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to October 10, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 5 minutes A request for the review of a variance, pursuant to Section 14-1-5, Variances, Vail Town Code, from Section 14-10-5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Warren Dean, represented by Capitol Solar Energy Planner: Rachel Dimond ACTION: WITHDRAWN Approval of September 12, 2011 minutes MOTION: Cartin SECOND: Schneidman VOTE: 6-0-0 Information Update Commissioners Kurz and Pierce are not able to attend the October 10th hearing. Bill Gibson explained that the Vail Village Town House District was being tabled to October 24th to allow for several HOAs to review the proposed regulations. Town Council has asked Staff to bring forward a discussion on a historic district or historic designation for properties in Vail Village prior to reviewing this new zone district. Adjournment MOTION: Rediker SECOND: Kurz VOTE: 6-0-0