HomeMy WebLinkAboutPEC100044 Woo Restaurant Appeal 111610
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: November 16, 2010
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an administrative
action, affirmed by the Town of Vail Planning and Environmental Commission,
approving a request for a minor amendment to Special Development District No. 6,
Village Inn Plaza, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for modifications to the approved development plans to increase site
coverage and reduce the side setback (east side) to facilitate an expanded chimney for
a new restaurant, located at 100 East Meadow Drive, Unit 602/ Lot O, Block 5D, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC100044)
Appellant: Solaris Property Owner, LLC
Planner: Rachel Dimond
I. SUMMARY
The appellant, Solaris Property Owner, LLC, is appealing the administrative approval of a
minor amendment to Special Development District No. 6, Village Inn Plaza. The minor
amendment, affirmed by the Planning and Environmental Commission at their October 11,
2010 hearing, allowed for an increase in site coverage and decrease in the side setback to
facilitate expanded chimney for a new restaurant. This was the second minor amendment
approved to facilitate expanded floor area and chimneys for the restaurant. The appellant is
requesting that the Vail Town Council place conditions on the application to require a study
and subsequent relocation of exhaust terminations as far west of Solaris as possible, and also
require a scrubber be installed in the mechanical system to reduce potential smoke and fumes
from the exhaust.
II. SUBJECT PROPERTY
The subject property is located at 100 East Meadow Drive, Unit 602/ Lot O, Block 5D, Vail
Village Filing 1.
III. STANDING OF APPELLANT
Pursuant to Section 12-3-3, Appeals, Vail Town Code, Solaris Property Owner, LLC, has
standing as an appellant because they are an adjacent property owner to the subject property.
IV. CRITERIA AND FINDINGS
The criteria for review and findings for approval of a minor amendment to a special
development district
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the applicant
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to demonstrate that submittal material and the proposed development plan comply with
each of the following standards, or demonstrate that one or more of them is not applicable,
or that a practical solution consistent with the public interest has been achieved:
1. Compatibility: 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.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and loading requirements as outlined in
chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive
plan, town policies and urban design plans.
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
6. Design Features: 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.
7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
B. Necessary Findings: Before recommending and/or granting an approval of an application
for a special development district, the planning and environmental commission and the
town council shall make the following findings with respect to the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this section, unless
the applicant can demonstrate that one or more of the standards is not applicable, or
that a practical solution consistent with the public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and compatible with the development objectives of the
town; and
3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the
surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality.
V. REQUIRED ACTION
The Vail Town Council shall uphold, overturn, or modify the approval of the minor
amendment to Special Development District No. 6.
Should the Vail Town Council wish to uphold the approval, Staff recommends the Vail Town
Council make the following motion:
“The Vail Town Council upholds an administrative action, affirmed by the Town of Vail
Planning and Environmental Commission, approving a request for a minor amendment
to Special Development District No. 6, Village Inn Plaza, pursuant to Section 12-9A-10,
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Amendment Procedures, Vail Town Code, to allow for modifications to the approved
development plans to increase site coverage and reduce the side setback (east side)
to facilitate an expanded chimney for a new restaurant, located at 100 East Meadow
Drive, Unit 602/ Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto.”
Should the Vail Town Council wish to uphold the approval, Staff recommends the Vail Town
Council make the following findings:
“Pursuant to Section 12-3-3-C5, the Vail Town Council finds, in accordance with
the Vail Town Code, that the approval ensure that the requirements of the Zoning
Regulations and the obligations required of the prior approvals have been met
and/or will be met.”
VI. ATTACHMENTS
1. Appeal Form and Supporting Documentation from the Appellant
2. Minor Amendment SDD approval letter dated September 23, 2010
3. PEC minutes from October 11, 2010 hearing