HomeMy WebLinkAboutBridge Street Building Appeal_040108 MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: April 1, 2008
SUBJECT: An appeal of the Town of Vail Planning and Environmental Commission’s and Design Review Board’s approval of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and
Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709)
Appellant: 286 Bridge Street Inc., represented by Carlson, Carlson and Dunkelman, L.L.C.
PEC Representative: Rollie Kjesbo – Vice Chair
DRB Representative: Pete Dunning – Vice Chair
I. SUBJECT PROPERTY
The subject properties are located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, on the east side of Bridge Street and to the South of 286 Bridge Street
(aka the A & D Building). The Appellant, 286 Bridge Street, Inc. is appealing the Planning and Environmental Commission’s January 14, 2008, approval, and the Design Review Board’s January
16, 2008, approval of an application for a major exterior alteration, to allow for the re-development of the Rucksack Condominium Building and the Scott Building.
II. STANDING OF APPELLANT
The Appellant, 286 Bridge Street, Inc, represented by Carlson, Carlson and Dunkelman, has standing to file an appeal as the owner of 286 Bridge Street, Lots A, B and Part of Lot C, Block
5A, Vail Village Filing 1.
III. REQUIRED ACTION
The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission and Design Review Board’s approval of a major exterior alteration, pursuant to Section 12-7B-7,
Exterior Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of
Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709).
Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code:
“The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that
the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met.”
BACKGROUND
Planning and Environmental Commission Approval
On January 14, 2008, the Planning and Environmental Commission approved, with conditions, an application (PEC070076) for a major exterior alteration, pursuant to Section 12-7B-7, Vail
Town Code, to allow for the remodel and addition to the Scott Building and Rucksack Condominium Building. The plans approved include the remodel and addition to the existing Rucksack
Condominium building, as well as the construction of a new second story building element to be constructed over the existing Scott Building (aka. The Burton Store). The Scott Building
is located directly adjacent to the A & D Building and approved improvements are to be constructed on the common property line between Parcel A (A & D Building) and Parcel B (Scott Building),
part of Lot C and Lot D, Block 5A, Vail Village Filing 1. The conditions of approval are as follows:
“1. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit,
2. The Developer shall address any and all issues and provide all necessary details related to trash storage and access located on the east side of the Bridge Street Building (a.k.a.
The Rucksack Condominiums Building and Scott Building), in conjunction with any Design Review application.
3. The Developer shall resolve all issues regarding drainage from the existing and proposed building(s) on to adjacent properties; the provision of gutters, downspouts and other drainage
methods tied into existing Town of Vail storm sewer improvements may be required as revisions to building permit set of drawings with any building permit application.
4. The Developer shall submit final details in conjunction with any Design Review application for final review, depicting any and all necessary hardscape, grading and drainage improvements
at the rear (east) side of the combined properties, for the specific purpose of providing adequate and code compliant egress from the Rucksack Condominiums Building to a public way.
5. The Developer shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building
that need repair and/or replacement are included in the scope of this project in conjunction with any Design Review application.
6. The Developer shall submit a Design Review application for any and all new exterior signage for the property; a sign program pursuant to Section 11-8-2, Vail Town Code will be
required.
7. The Developer shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types
and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application.
8. That the Developer pays in full, the employee housing mitigation fee, as established by the Town of Vail Staff and in accordance with Title 12, Chapter 23, Commercial Linkage,
and Chapter 24, Inclusionary Zoning, Vail Town Code, prior to the issuance of the building permit for The Bridge Street Building project.
9. That the Developer pays in full, the traffic impact fee, as established by the Town of Vail Staff based on the net increase in trip generation, prior to the issuance of the building
permit for The Bridge Street Building project.
10. The Developer shall, within 24 hours following any action by the Planning and Environmental Commission to approve File No. PEC070076, present to the Town of Vail Community Development
Department a plan to mitigate and otherwise rectify the existing conditions of the Rucksack commercial space. Such plan shall be implemented within forty-eight (48) hours of any such
final approval by the Planning and Environmental Commission and shall specify the means of providing screening or other window covering, treatment or concealment on all windows with
visibility from, and/or frontage on Bridge Street for the purpose of concealing any and all unsightly construction activity occurring within the commercial space located at 288 Bridge
Street.”
Design Review Board Approval
On January 16, 2008, the Design Review Board approved, with conditions, an application (DRB070709) for a major exterior alteration, pursuant to Section 12-11, Design Review, Vail Town
Code. The plans approved include construction of a new second story building element to be constructed over the existing Scott Building (aka. The Burton Store), directly adjacent to
the A & D Building and constructed on the common property line between Parcel A (A & D Building) and Parcel B (Scott Building), part of Lot C and Lot D, Block 5A, Vail Village Filing
1.
V. DISCUSSION ISSUES
For a complete description of the Bridge Street Building major exterior modification, please refer to the attached January 14, 2008, Staff memorandum to the Planning and Environmental
Commission (Attachment A). The appeals form and letter from the Appellant are included for reference (Attachment B).
On February 4, 2008, the Town of Vail Community Development Department received an appeal with regard to the Planning and Environmental Commission’s action to approve the aforementioned
major exterior alteration. On February 5, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board’s action to approve the aforementioned
major exterior alteration.
On March 4, at the request of the Appellant, the Town Council unanimously voted to table the appeal hearing to the regularly scheduled meeting of March 18, 2008, to allow the Appellant
and the adjacent property owner (the “Developer”) to work towards a mutually agreed upon resolution to the design related issues being appealed.
On March 18, at the request of the Appellant, the Town Council unanimously voted to table the appeal hearing to the regularly scheduled meeting of March 18, 2008, to allow the Appellant
and the adjacent property owner (the “Developer”) to work towards a mutually agreed upon resolution to the design related issues being appealed.
Staff is of the understanding that the Appellant and the adjacent owner have reached tentative agreement at this time to pursue alternative design solutions to mitigate any potentially
negative impacts from development of the Bridge Street Building. However, Staff has not received a formal notice of “withdraw” from the Appellant for the above referenced appeal at
the time of writing.
The nature of both the Planning and Environmental Commission appeal and the Design Review Board appeal is based on the following:
1. Pursuant to Section 12-7B-1, Purpose, Vail Town Code (in part):
“The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments
in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types
of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended
to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building
scale and architectural qualities that distinguish the village.”
Appeal:
That the applicant did not meet its burden of proof and that the Commission and the Review Board erred in granting the requested approval by not appropriately applying the purpose of
the zone district, specifically by not ensuring adequate light and air to the permitted uses of 286 Bridge Street (A & D Building). That the approved wall on the second floor of the
Scott Building will be flush with the approved, existing window bay of the A & D Building and, therefore, that the wall will block light, and air for the A & D Building.
2. Pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code (in part):
“That the proposal does not otherwise negatively alter the character of the neighborhood”
Appeal:
That the Commission and the Review Board erred in granting the requested approval by not appropriately applying the purpose of the zone district. Specifically, that 286 Bridge Street
(A & D Building) is part of the “neighborhood” and that the approved wall on the second floor of the Scott Building will alter the character of the neighborhood as it relates to 286
Bridge Street (A & D Building).
The approved plans indicate a second story wall enclosing new residential floor area above the existing Scott Building (aka. The Burton Store). The wall in question is proposed to be
built on property line (“zero lot line”), as permitted by zoning regulations and the adopted Town of Vail Building Code. The adjacent A & D building includes two sets of window “wells”
for second and third story bedrooms, positioned on the southernmost side of the A & D Building. Such wells were approved with the original building plans for the A & D Building and
do provide light, air and egress out of approved, permitted bedrooms. However, such windows, as constructed within one foot of the property line, would not necessarily meet the Town’s
current code requirements for egress; the windows provide exiting onto an adjacent property, and in this case the roof of the adjacent building. In addition, it is the opinion of Staff
that the approved plans to constructed portions of the Bridge Street Building on the common property line are in compliance with zoning regulations and the Town’s adopted Building Code,
and that the Appellant and the Developer should pursue alternative solutions allowing for the mitigation of any adverse impacts to the provision of adequate air and light to the A &
D Building without compromising the proposed project or the intent of the CC1 District.
Staff believes the approved plans are otherwise in compliance with purposes of the CC1 District; are consistent with applicable elements of the Vail Village Master Plan, the Town of
Vail Streetscape Master Plan and the Vail Comprehensive Plan; do not otherwise negatively alter the character of the neighborhood; substantially comply with the Vail Village Urban Design
Guide Plan and the Vail Village Design Considerations; and substantially comply with all other elements of the Vail Comprehensive Plan.
A reduced copy of the approved plans are attached for reference (Attachment C).
VI. APPLICABLE REGULATIONS OF THE TOWN CODE
Section 12-3 Administration and Enforcement (in part)
Section 12-3-3: Appeals (in part):
C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions:
1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or
the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth.
2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation
by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse
effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree
the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination
of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that
the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of
the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present.
5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions
that the standards and conditions imposed by the requirements of this Title have or have not been met.
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council upholds the Town of Vail Planning and Environmental Commission’s approval, with conditions, and the Design Review
Board’s approval of a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium
Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1.
On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the
standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met.
Should the Town Council choose to uphold the Town of Vail Planning and Environmental Commission’s approval, with conditions, and the Design Review Board’s approval of a major exterior
alteration, pursuant to Section 12-7B-7, Exterior Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building,
located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1; the Community Development Department recommends the Town Council make the following findings:
“The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is in compliance with the purposes of the CC1
district as specified in section 12-7B-1 of this article;
The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is consistent with applicable elements of the
Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan;
The proposed major exterior alteration, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, does not otherwise negatively alter the character of the
neighborhood;
The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with the Vail Village Urban
Design Guide Plan and the Vail Village Design Considerations; and
The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with all other elements
of the Vail Comprehensive Plan.”
Should the Town Council choose to modify the Town of Vail Planning and Environmental Commission’s approval, with conditions, and the Design Review Board’s approval of a major exterior
alteration, pursuant to Section 12-7B-7, Exterior Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building,
located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto; the Community Development Department recommends the
Town Council modify the approval by adding a condition, condition No. 11 of the major exterior alteration, as follows:
“1) Prior to submitting any application for building permit, the Developer shall revise the plans and shall be required to submit such revised plans for Design Review, to include modifications
to alignment and position of the northernmost exterior wall of the Bridge Street Building, to specifically allow for a minimum of three feet of clearance between the common property
line between Parcels A and B, Block 5A, Vail Village Filing 1, and the northernmost exterior wall of the Bridge Street Building to allow for adequate air and light to 286 Bridge Street
(aka. The A & D Building). ”
The Community Development Department recommends the Town Council make the following findings:
1. “The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is in compliance with the purposes of the
CC1 district as specified in section 12-7B-1 of this article;
2. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is consistent with applicable elements of the
Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan;
3. The proposed major exterior alteration, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, does not otherwise negatively alter the character of
the neighborhood;
4. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with the Vail Village
Urban Design Guide Plan and the Vail Village Design Considerations; and
5. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with all other elements
of the Vail Comprehensive Plan.”
VIII. ATTACHMENTS
Staff memorandum of January 14, 2008, to the Planning and Environmental Commission
Appeals form and letter from the Appellant
Reduced copy of approved plans
Public Notice
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