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Home My WebLink AboutPEC120047 PEC MEMO_011413 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2013 SUBJECT: A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC120047) Applicant: Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants, Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group, are requesting the review of an application to allow for the encroachment of an addition to the Lionshead Centre Building into the adjacent View Point #8. 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, with conditions, for this view corridor encroachment application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Section 12-22-4, Adopted View Corridors, Vail Town Code, the subject View Point #8 protects “a view from the pedestrian plaza at the east end of the Lifthouse Lodge looking south directly up the gondola lift line.” The existing Lionshead Centre Building frames the eastern side of this view corridor and the Arrabelle Hotel frames the western side of the view corridor. The applicants are proposing an 803 sq.ft. (originally proposed as an 859 sq.ft.) addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is Town of Vail Page 2 located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the west façade of the existing Lionshead Center Building and View Point #8 are not precisely parallel. The exterior wall of the subject addition is proposed to extend one foot and three inches (1’-3”) into the view corridor and the associated roof eave is proposed to extend two feet of seven eighths of an inch (2’-07/8”) into the view corridor. A vicinity map (Attachment A), proposed view corridor encroachment (Attachment B), the applicant’s request (Attachment C), and the associated, design review approved architectural plans (Attachment D) have been attached for review and inclusion in the record. III. BACKGROUND According to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970. On October 15, 1970, a condominium map of the constructed Lionshead Centre Building was recorded with the Eagle County Clerk and Recorder. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town’s zoning regulations has subsequently been amended numerous times. On December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, which established the Lionshead Redevelopment Master Plan. This master plan included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line. On August 6, 2012, the Vail Town Council adopted Ordinance No. 16, Series of 2002, which established the subject View Point #8 (formerly know as Lionshead view corridor #2). On November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which in part amended the subject View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8. On December 5, 2012, the Design Review Board approved the accompanying design review application for the subject addition to the Lionshead Centre Building (DRB120433) by a vote of 4-0-0 with a condition of approval that: “This design review approval is contingent upon the applicant obtaining Town of Vail approval of the associated view corridor encroachment/amendment application.” Town of Vail Page 3 IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding the Town Council a recommendation on any view corridor encroachment or amendment application, in accordance with the provisions of Chapter 12-22, View Corridors, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a view corridor encroachment or amendment application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council is responsible for the final approval, approval with modifications, or denial of a view corridor encroachment or amendment application. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development Town of Vail Page 4 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. 1.3. The quality of development should be maintained and upgraded whenever possible. 4. Village Core / Lionshead 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. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI: PROPOSED LAND USE (IN PART) LRMP Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. LIONSHEAD REDEVELOPMENT MASTER PLAN 4.4 PUBLIC VIEW CORRIDORS On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town’s ordinance, a view corridor must meet the following criteria: Town of Vail Page 5 a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a “build-to” line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map O): 4.41 Public View Corridors Protected under the Town of Vail View Corridor Ordinance It is proposed that two legally protected view corridors be established according to existing Town of Vail code: 4.412 View Corridor Two This view corridor (see figure 4-2) is seen from the pedestrian plaza at the east end of the Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills the following criteria: a. It fosters civic pride and is central to the identity of Lionshead. b. It is taken from a commonly used, publicly accessible viewpoint. The mountain view from this point is currently very broad, crossing much of the Vail Associates core site. As part of the redevelopment of the Vail Associates core site this view corridor should become narrower and more focused on the new gondola terminal. Given the current lack of a defining architectural edge, the dimensions of this corridor should roughly correspond to the suggested view boundaries outlined in figure 4-2. Figure 4-2: Public View Corridor Two Town of Vail Page 6 TITLE 12: ZONING REGULATIONS CHAPTER 12-21: VIEW CORRIDORS (IN PART) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6 of this chapter. 12-22-4: ADOPTION OF VIEW CORRIDORS: Photographs on record with the department of community development and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held five and four-tenths feet (5.4') above the instrument, which is approximate eye level for most adults. A thirty five millimeter (35 mm) camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. Town of Vail Page 7 G. View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 21/2 inch diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 21/2 inch diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Angle Zenith Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A - intersection of the horizon with a vertical line defined by the southerly roof line on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle 266°52'31" 85°10'55" B - intersection of a lower roof at the westerly end and the westerly building wall of the Vail Lionshead Centre Condominiums 268°09'29" 85°55'59" C - westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums 267°50'34" 87°46'40" D - intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums 269°10'34" 87°51'15" E - top westerly corner of red awning 269°10'34" 88°28'56" F - point of intersection of the red awning and the main level roofline on the westerly end of the Vail Lionshead Centre Condominiums 271°54'54" 88°28'56" G - point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of the sloped roof of the terrace on the 1st level along the east side of the Arrabelle at Vail Square 281°17'48" 87°51'18" H - underside intersection of sloped roof and the support post of the terrace on the 1st level on the east side of Arrabelle at Vail Square Town of Vail Page 8 280°52'19" 87°46'16" I - underside of sloped roof of the terrace on the 1st level on the east side of Arrabelle at Vail Square 280°42'31" 87°24'36" J - top edge of overhang/beginning of sloped roof of the terrace at the 1st level on the east side of the Arrabelle at Vail Square 281°30'24" 87°06'00" K - intersection of sloped roof of the terrace at the 1st level and the east wall of the Arrabelle at Vail Square 281°31'32" 79°37'37" L - intersection of the east wall of the Arrabelle at Vail Square and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square 281°09'32" 79°02'30" M - top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square O - line projected from View Point M straight up to the horizon line of Vail Mountain The following are permitted within view corridor #8: drain pipes; roof snow fences; streetlights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on Town of Vail Page 9 its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. VI. SITE ANALYSIS – Lionshead Centre Building Addition Address: 520 East Lionshead Circle Legal Description: Lot 5, Block 1, Vail Lionshead Filing 1 Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None Lot Area: 40,206 sq.ft. (0.92 acres) Standard Allowed/Required Existing Proposed Lot/Site Area: 10,000 sq.ft. buildable 40,206 sq.ft. no change Setbacks: North 10 ft. or per build-to-lines 11 ft. no change East 10 ft. or per build-to-lines 43 ft. no change West 10 ft. or per build-to-lines 4 ft. no change South 10 ft. or per build-to-lines 0 ft. no change Height: 82.5 ft. max/71 average 53 ft. max no change GRFA: 100,515 sq.ft. (2.5 ratio) 28,781 sq.ft. 29,584 sq.ft. or 33% more than existing (+803 sq.ft.) Town of Vail Page 10 Site Coverage: 28,144 sq.ft. (70%) 23,401 sq.ft. no change or per master plan Landscaping: 8,041 sq.ft. (20%) 8,039 sq.ft. no change or per master plan Parking: 26 26 no change VII. REVIEW CRITERIA Before acting on a view corridor encroachment, the Planning and Environmental Commission shall consider the following factors with respect to the proposal: 1. That the literal enforcement of Section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. The Lionshead Centre Building was constructed in 1970. The original construction of this building pre-dates the Town’s 1998 adoption of view corridor recommendations in the Lionhead Redeveloment Master Plan, the Town’s 2002 adoption of the subject View Point #8, and the Town’s 2008 amendment to the western boundary of View Point #8 to match the newly constructed facade of the Arrabelle Hotel. The applicants are proposing an 803 sq.ft. addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the existing Lionshead Center Building and View Point #8 are not precisely parallel. Units 208, 308, and 309 are the only residential units in the Lionshead Centre affected by this circumstance. Other units in the building have the opportunity for expansion without impacts from View Point #8. In proposing to construct an addition to Units 208, 308, and 309, the western exterior wall of the addition is proposed to extend 1’-3” into the view corridor and the associated roof eave is proposed to extend 2’-07/8” into the view corridor. This 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. Town of Vail Page 11 Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs; and that the literal enforcement of the view corridor restriction would preclude the applicants from constructing reasonable additions to their existing residential units. Therefore, Staff finds the proposed encroachment into an existing view corridor meets this review criterion. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Based upon a review of Section 12-22-1, Purpose, Vail Town Code: Staff finds that the proposed encroachment into existing View Point #8 will not diminish the civic pride or the public interest of the town. Staff finds that the proposed encroachment will not detract from the enjoyment or environmental enrichment of the existing view corridor for Vail’s residents or guests. Staff finds that the proposed encroachment will not weaken or eliminate the town’s unique environmental heritage or attributes. Staff finds that the proposed view corridor encroachment will not diminish the aesthetics or economic vitality and values of the town. Staff finds that the proposed encroachment maintains the existing character and design of the Lionshead Centre Building which is compatible with the surrounding natural and built environment and provides adequate natural light to buildings and public spaces in the vicinity. Staff finds that the proposed encroachment continues to preserve views of the landmark gondola ski line and adjacent ski runs that contribute to the community’s sense of place. Therefore, Staff finds the proposed encroachment into the existing view corridor does not defeat the purposes of Section 12-22-1, Purpose, Vail Town Code, as outlined in Section V of this memorandum, and the proposed encroachment is consistent with this review criterion. Town of Vail Page 12 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope. Due to the depth of the addition and alignment of the existing building, the proposed addition does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed view corridor encroachment will not be detrimental to the enjoyment of the public pedestrian areas, public ways, public spaces, or public view consistent with this review criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. The 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. Therefore, Staff finds the proposed encroachment into View Point #8 is consistent with this criterion. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed Town of Vail Page 13 encroachment will not diminish the integrity or quality of the subject view corridor, nor will the proposed encroachment compromise the original purspose of the preserved view. Therefore, Staff finds the proposed encroachment to be consistent with this review criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined 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 for this encroachment into an existing view corridor, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental forwards the Vail Town Council a recommendation of approval for an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission recommends the following conditions: “1. Approval of this encroachment into an existing view corridor is specific to the associated design review application for an addition to Units 208, 308, and 309 Lionshead Centre, as approved by the Design Review Board on December 5, 2012 (DRB120433). 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild (as defined by Chapter 12-2, Definitions, Vail Town Code) of the Lionshead Centre Building.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an Town of Vail Page 14 existing view corridor, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: The applicant has demonstrated by clear and convincing evidence that the encroachment into an existing view corridor meets all of the following criteria: 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code, would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view.” IX. ATTACHMENTS A. Vicinity Map B. Proposed View Corridor Encroachment C. Applicant’s Request D. Design Review Approved Architectural Plans DRB120433 I !!!! !!!!! Subject Property k 0 100 200Feet L i o n s h e a d C e n t r eLionshead C e n t r e- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 -- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 - (5 2 0 E a s t L i o n s h e a d C i r c l e )(5 2 0 E a s t L i o n s h e a d C i r c l e ) This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: December 12, 2012 P1!!!!!!!!!~ - i ~ . T ~ F',X r f ~~ . p t~ .::- .' 6F' s' 3¢ i' e ~, ~Fx ~' ° ~ P, i ~ ~ ZjU11' E •;u ,it r ~~~ p~ rT~ r NI 3 r ~ r~,~ t ~~ iii. ' ~, .'~~~,,.'', :. S ~ ~~ I ~ ~ FI 1. ~ ~ ~_ , III' Y l i ~ it 1 1~,_ I, ~ ~. m ~~ i i :, i . ri yy ~. Amended View Point # 8 8 LIONSHEAD CENTRE VIEW CORRIDOR ENCROACHMENT Submitted to the Town of Vail: December 6, 2012 Table of Contents A. Introduction 3 B. Details on Proposed Addition 4 C. Background on View Corridors 4 D. Criteria for Review 6 E. Adjacent Property Owners 10 F. DRB Action Form 13 2 A. Introduction Lionshead Centre is located at 520 E. Lionshead Circle. The owners of 3 residential units within Lionshead Centre -‐ Jorge Esteve (Unit 308), Javier Barrios (Unit 208), and Lucila DeLaLama (Unit 309) -‐ are proposing additions to their dwellings. It is a total of 859 sq. ft. of GRFA located over the existing footprint of Lionshead Centre. Following a conceptual review on November 7, the DRB application for the proposal was approved on December 5 with a condition that, “This design review approval is contingent upon the applicant obtaining Town of Vail approval of the associated view corridor encroachment/amendment application.” A survey of the view corridor was conducted and indicates that the addition will encroach into View Corridor #8 approximately 2 ft. for the roof and 1.16 ft. for the wall of the building. The survey of this encroachment is provided below, along with a photo rendering of the view corridor impact. In these images, the red indicates the existing view corridor, while the yellow indicates the area of encroachment. As indicated in the survey above, the view corridor does not run parallel with the existing building and as a result, there is a slight encroachment into the corridor where the proposed addition is an extension of the plane of the existing wall. However, as it is the intent of this view corridor to 3 preserve the view of the gondola lift line, the proposed encroachment maintains the integrity of the view corridor. B. Details on Proposed Addition Units 208, 308, and 309 are proposed to be expanded by a total of 859 sq. ft. The following table provides a square footage analysis of the increase in sq. ft. to each unit: Unit Additional GRFA Description Unit 208 344 sq. ft.Bedroom and bathroom addition Unit 308 344 sq. ft.Bedroom and bathroom addition Unit 309 115 sq. ft.Addition to existing bedroom As indicated, the additional GRFA to each unit is minimal and was designed to match similar additions that have occurred over the years. A proposed model of the addition is provided below, indicating the existing conditions and the proposed addition: Existing Conditions Proposed Addition C. Background on View Corridors On May 20, 1997, recognizing the importance of visual connections, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town’s ordinance, a view corridor was required to meet the following criteria: 1.Is the view corridor critical to the identity, civic pride, and sense of place in Lionshead? 2.Is the view seen from a widely used, publicly accessible viewpoint. 3.Is the view threatened? Is there a possibility that development on nearby property would block the view? The Lionshead Redevelopment Master Plan identifies this view corridor as View Corridor Two, and states the following: 4 4.4.1.2 View Corridor Two This view corridor (see figure 4-‐2) is seen from the pedestrian plaza at the east end of the Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills the following criteria: a.It fosters civic pride and is central to the identity of Lionshead. b.It is taken from a commonly used, publicly accessible viewpoint. The mountain view from this point is currently very broad, crossing much of the Vail Associates core site. As part of the redevelopment of the Vail Associates core site this view corridor should become narrower and more focused on the new gondola terminal. Given the current lack of a defining architectural edge, the dimensions of this corridor should roughly correspond to the suggested view boundaries outlined in figure 4-‐2. Prior to the redevelopment of the Core Site into Arrabelle at Vail Square, this view corridor was surveyed and adopted in 2002. Following the construction of the Arrabelle, the view corridor was amended to reflect the new building, and was surveyed and adopted in 2008 as View Point #8. The photo of View Point #8 is provided below: 5 D. Criteria for Review Section 12-‐22-‐6: Encroachments into Existing View Corridors, provides the review criteria for an encroachment. It states the following: Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1.That the literal enforcement of section 12-‐22-‐3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. Applicant Response: The view corridor disproportionately affects the owners of 208, 308, and 309. These units are located on the far west of Lionshead Centre and are the only units which are affected by the view corridor. While other units have had opportunity for expansion, these are limited by the view corridor to do similar enclosures. Due to the configuration of Lionshead Centre, the proposed additions are in the only location available to the owners of these units. By not allowing this encroachment, the owners are precluded from reasonable development of their units. 6 2.That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. Applicant Response: Section 12-‐22-‐1 of the Vail Town Code provides the purposes of the View Corridor chapter. These purposes are as follows: 12-‐22-‐1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: C.The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. D.It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. E.The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. F.The preservation of such views will enhance the aesthetic and economic vitality and values of the town. G.The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. H.The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. Because the encroachment is minimal (at only 2 ft. for the roof and 1.16 ft. for the building) the integrity of the view corridor is maintained. The view corridor is intended to protect the view of the gondola lift line as it runs up Vail Mountain and there is no effect to this view, which is an important focal point in Lionshead. Because the request is for an encroachment only, as opposed to an amendment, to the view corridor, if Lionshead Centre were ever demolished, the existing view corridor boundaries would need to be maintained with any new construction. As a result, the proposal does not defeat the purposes of Chapter 22: View Corridors. 3.That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. Applicant Response: The proposed encroachment would be imperceptible to the public from any public pedestrian areas, public ways, public spaces or public views. The proposed addition matches the existing wall of Lionshead Centre and any attempt to jog the building would create an architectural error which would be more noticeable to the public. 4.That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 7 Applicant Response: The Lionshead Redevelopment Master Plan provides the guidance for the adoption of view corridors in Lionshead. The Master Plan provides the following: 4.4 Public View Corridors On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town’s ordinance, a view corridor must meet the following criteria: a.Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b.Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c.Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a “build-‐to” line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map O): The Lionshead Redevelopment Master Plan then provides recommendation for the adoption of two view corridors which were to be adopted immediately, while the remaining three view corridors (plus an additional three in Ever Vail) were to be adopted after development occurred on key sites. Lionshead View Corridor #2, the view corridor in question with this application, was one recommended for immediate adoption. The Lionshead Redevelopment Master Plan states: 4.4.1.2 View Corridor Two This view corridor (see figure 4-‐2) is seen from the pedestrian plaza at the east end of the Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills the following criteria: a.It fosters civic pride and is central to the identity of Lionshead. b.It is taken from a commonly used, publicly accessible viewpoint. The mountain view from this point is currently very broad, crossing much of the Vail Associates core site. As part of the redevelopment of the Vail Associates core site this view corridor should become narrower and more focused on the new gondola terminal. 8 Given the current lack of a defining architectural edge, the dimensions of this corridor should roughly correspond to the suggested view boundaries outlined in figure 4-‐2. As indicated in the general photo for View Corridor 2, the existing Lionshead Centre building was established as the general eastern boundary of the view corridor. However, as clearly stated in the section above: “The suggested location and outline of any view corridor is not intended to create a “build-‐to” line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards.” It was not the intention that that the view corridors limit the ability of individual property owners to improve their properties. Instead, it is clearly the intention that the architecture is meant to frame the view to be protected. In this case, the view is of the gondola lift line. Furthermore, the Master Plan also recommends that this view be much narrower than the adopted view corridor. As indicated in the photos below, the original recommendation for this view corridor actually bisected the ski run, where as the adopted view corridor is much further west, into the tree line. View Point #8, adopted 2008 LHMP Recommended View Corridor #2 The proposed encroachment complies with the recommendations as provided in the Lionshead Redevelopment Master Plan. 5.That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. Applicant Response: The original purpose of this view corridor was stated in the Lionshead Redevelopment Master Plan when adopted in 1998 and further refined with the adoption of it as View Point #8. The purpose, as stated in Chapter 22: View Corridors of this view is: To protect the views of Vail Mountain from the core of Lionshead. As indicated in the analysis provided in this submittal, this view is not affected by the proposed encroachment and the integrity of this view is maintained. 9 E. Adjacent Property Owners TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-‐5043 VANTAGE POINT-‐VAIL INTERVAL OWNERS ASSOC ALPENGLOW PROPERTY MGMT PO BOX 178 AVON, CO 81620 VANTAGE POINT-‐VAIL INTERVAL OWNERS ASSOCIATION, INC. Gary A. Lebo PO BOX 178 AVON, CO 81620 VANTAGE POINT-‐VAIL CONDOMINIUM ASSOCIATION, INC. MICHAEL D'ANCI, SR 508 E LIONSHEAD CIR, VAIL, CO 81657 FIRST WESTWIND AT VAIL CONDOMINIUMS ASSOCIATION, INC. Steve MacDonald C/O Vail Management Company, PO Box 6130, Avon, CO 81620 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 LANDMARK-‐VAIL CONDOMINIUM ASSOCIATION, INC. GEOFFREY WRIGHT 610 W LIONSHEAD CR, VAIL, CO 81657 HUGHES LAND HOLDING TRUST 28 ANACAPA ST STE D SANTA BARBARA, CA 93101 MONTANEROS CONDOMINIUM ASSOCIATION, INC. Laurie Jeanes 641 W LIONSHEAD CIR, VAIL, CO 81657 LION SQUARE NORTH CONDOMINIUM ASSOCIATION, INC. Bill Anderson 660 WEST LIONSHEAD PLACE 10 VAIL, CO 81657 LION SQUARE PHASE II & III CONDO ASSOC INC -‐ ETAL 660 W LIONSHEAD PL VAIL, CO 81657-‐5212 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 VAIL CORP SAMANTHA JONES 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 VAIL 21 PARKING GARAGE NO. 1 LLC -‐ VAIL 21 PARKING GARAGE NO. 2 LLC 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 LAZIER LIONSHEAD LLC 386 HANSON RANCH RD VAIL, CO 81657 THE LIFT HOUSE CONDOMINIUM ASSOCIATION, INC. DOUGLAS WALKER 555 E LIONSHEAD CIR, VAIL, CO 81657 LIONSHEAD ARCADE BUILDING CONDOMINIUM ASSOCIATION, INC. KIT C. WILLIAMS P O BOX 3622, VAIL , CO 81658 Arrabelle at Vail Square Residential Condominium Association, Inc. Mark Payne 675 Lionshead Place, Denver, CO 81657 ARRABELLE AT VAIL SQUARE LLC VAIL RESORTS MANAGEMENT CO 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 VAIL LIONSHEAD CENTRE CONDOMINIUM ASSOCIATION David A Zippie, CPA P.O. BOX 4627, AVON, CO 81620 VAIL 21 CONDOMINIUM ASSOCIATION, INC. Destination Resort Mgt, Inc, 610 W LIONSHEAD CIR 11 VAIL, CO 81657 TREETOPS CONDOMINIUM ASSOCIATION Vicki L. Brown 450 E. Lionshead Circle, Vail, CO 81657 VAIL LIONSHEAD CONDOMINIUM ASSOCIATION JEFF BAILEY 380 E. LIONSHEAD CIR, VAIL, CO 81657 LODGE AT LIONSHEAD III CONDOMINIUM ASSOCIATION JEFF BAILEY 380 E LIONSHEAD CR, VAIL, CO 81657 LION SQUARE CONDOMINIUM ASSOCIATION, INC. WILLIAM ANDERSON 660 W. LIONSHEAD PLACE VAIL, CO 81657 LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC. WILLIAM ANDERSON 660 W LIONSHEAD PL VAIL, CO 81657 12 F. DRB Action Form 13