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HomeMy WebLinkAboutDRB130090 Town Council Appeal MemoTOWN OF VA11' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 18, 2013 �_ _ , 1 t.S v ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Design Review Board's approval, with conditions, of a design review application for minor exterior alterations to expand storefront windows at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Joe Batcheller ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's May 1, 2013, decision. BACKGROUND: On May 1, 2013, the Design Review Board approved, with a condition, an application to expand the storefront windows of Gore Creek Gallery and Traveler Books . On May 21, 2013, the Vail Town Council appealed (called -up) the approval of DRB130090 by the Design Review Board. STAFF RECOMMENDATION: Staff recommends the Vail Town Council review the Design Review application for the Gore Creek Gallery and Traveler Books for compliance with the Vail Village Design Consideratons (VVDC) and provide direction to staff and the Design Review Board on the interpretation and application of the VVDC. ATTACHMENTS: Staff memorandum ,A � Staff Power Point �� Q' V" c—_V2_ay lL) 0 79-. 6/18/2013 TOWN OF VAILA TO: Vail Town Council Memorandum FROM: Community Development Department DATE: June 18, 2013 SUBJECT: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Design Review Board's approval, with conditions, of a design review application for minor exterior alterations to expand storefront windows at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (DRB130090) Appellant: Vail Town Council Planner: Joe Batcheller I. SUBJECT PROPERTY The subject property is located at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1. II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12- 3 -3C -1, Appeal of Planning and Environmental Commission Decisions; Authority, Vail Town Code, the Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by any the Design Review Board with respect to the provisions of the Title 12, Zoning Regulations, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 12- 3 -3C -2 and 12- 3 -3C -3, Appeal of Design Review Board Decisions; Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal: A) Standing of the Appellants Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the appellant, the Vail Town Council has standing as an aggrieved or adversely affected party to appeal the Design Review Board's May 1, 2013, decision. B) Adequacy of the Notice of the Appeal A copy of the Public Notice of the Vail Town Council, June 18, 2013, Public Hearing was sent to the local newspaper on May 31, 2013, pursuant to Section 12- 3 -3C -3, Procedures, Vail Town Code. 6/18/2013 C) Timeliness of the Notice of Appeal The Administrative Section of the Town's Zoning Code (12- 3 -3C -3, Procedures) requires appeals to be filed in twenty (20) days or less. On May 21, 2013, the appellant, Vail Town Council, filed an appeal (called -up) of the Design Review Board's May 1, 2013, decision in accordance with Section 12 -3 -3, Appeals, Vail Town Code. IV. SUMMARY The question to be answered by the Vail Town Council regarding this appeal is: Were the Vail Village Master Plan and the Vail Village Design Considerations properly applied in the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132? Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's May 1, 2013, decision. What follows in this memorandum is the background, context, and applicable documents related to the Design Review Board's decision. Attachments include: A. A vicinity map of the property in question B. The plans approved by the Design Review Board dated May 1, 2013 C. Photo documentation of the character of Vail Village storefronts V. BACKGROUND On April 8, 2013, The Town of Vail's Community Development Department received an application to expand the storefront at 158 Gore Creek Drive Unit 132 (Gore Creek Gallery and Traveler Books). The proposal would eliminate the 21 inch knee wall and expand all windows to grade. On May 1, 2013, the Design Review Board unanimously approved (4 -0 -0, Gillette absent), with one condition, an application to expand the storefront windows of Gore Creek Gallery and Traveler Books. The condition was as follows: "The applicant shall include a horizontal element 18 to 24 inches above grade to all proposed windows to break up the vertical expanse of the window panes and meet the intent of the Vail Village Urban Design Guide Plan. The horizontal element shall match the color, dimensions, and material of the proposed window trim. " The Vail Town Council (appellant) filed an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code of the Design Review Board's May 1, 2013, conditional approval of an application for exterior alterations to the storefront located at 158 Gore Creek Drive Unit 132. Members of the Vail Town Council, in conjunction with the discussion to review the Design Review Board's approval, highlight concerns with this particular approval and condition, and its potential for compromising the character of Vail Village. Town of Vail 6/18/2013 Page 2 VI. NATURE OF THE APPEAL The primary issue concerning the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132 is whether or not windows that span floor to ceiling are appropriate for Vail Village based upon the Vail Village Urban Design Guide Plan. Staff believes storefronts of this nature are inconsistent with the Vail Village Master Plan and the Vail Village Urban Design Guide Plan. Abandoning the tradition of storefronts with knee walls (18 to 24 inch base walls) will foster a new, intractable direction for the character of the Vail Village, and a departure from governing documents. For these reasons, staff feels this particular the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132 warrants a second look. In the following section (VII), staff has included portions of the Vail Village Master Plan and the Vail Village Urban Design Guide Plan that address aspects of the proposed storefront in question. The Vail Village Master Plan and the Vail Village Urban Design Guide Plan are two significant governing documents for Vail Village that aim to preserve the Village's character and prevent its degradation. Coincidentally, the Town of Vail is in the process of analyzing and possibly updating these two documents as part of the Vail Village Character Preservation Study. VII. APPLICABLE DOCUMENTS VAIL VILLAGE MASTER PLAN GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1. Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Town of Vail 6/18/2013 Page 3 VAIL VILLAGE DESIGN CONSIDERATIONS INTRODUCTION BACKGROUND These Design Considerations are an integral part of the Vail Village Urban Design Plan. The Plan as a whole is the culmination of many month's effort by residents, merchants, Town staff, and consultants to develop a mechanism to manage physical change in the Village. It is an attempt to identify aspects of the physical character of the Village and to assure as far as possible that future changes will be consistent with the established character, and will make positive contributions to the quality of life. Vail was originally conceived as a mountain resort in the pattern of quaint European alpine village. It remains fairly faithful to that image today, because of the commitment of its early founders to that concept. However, recent rapid growth, both in size and popularity, has introduced new pressures for development, which many feel threaten the unique qualities from which that success has been derived. There are rapidly increasing land values and resulting pressures to expand existing buildings, infill parcels, and even totally redevelop parcels less than 15 years old. This pressure for growth has brought with it the potential for significant change. New materials, new architectural styles, the premium on land usage, and sheer numbers of people and cars all have potentially major impacts on the character and function of Vail. That is not to imply that all growth and change in Vail is negative. There are many areas that are underdeveloped. The actual area of Vail that gives it its unique character is but a small area of the Village. There are definitely opportunities to extend the character of the Core beyond its current limits. These Design Considerations, and the Urban Design Plan as a whole, are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. This character, while inspired to a degree by European models, has evolved into a distinctly local interpretation. Any standards, in the end, must be based upon Vail's own unique characteristics, and potential now To preserve this character, care must be taken to avoid both new architectural prototypes, and historical ones, local or foreign, which do not share the same design vocabulary. These Design Considerations are a recognition that there is a distinctive design character to the Village and that this character is important to preserve. THE DESIGN CONSIDERATIONS The characteristics identified herein, are first of all, descriptions of the primary form - giving physical features of the Village. They are not exhaustive. They are a description of those key elements without which the image of Vail would be noticeably different. They are divided into two major categories: URBAN DESIGN CONSIDERATIONS General, large -scale land use planning issues, as well as form considerations which affect more Town of Vail 6/18/2013 Page 4 than one property (or even whole areas). These considerations are primarily the purview of the Planning and Environmental Commission. This Commission also has review responsibilities for additional zoning code compliance such as density control, parking, etc. ARCHITECTURE/LANDSCAPE CONSIDERATIONS Detail, details, style and overall appropriateness of a design for a given site. These considerations are reviewed primarily by the Design Review Board (DRB). Secondly, the design considerations are intended to serve as guideline design parameters. They are not seen as rigid rules, or "cookbook design elements" to bring about a homogeneous appearance in Vail. Rather, they are a statement of interpretation, subscribed to by the Town Planning /Environmental Commission and Review Board, as to the present physical character and objectives of the Village. They are intended to enable the Town staff and citizen review boards to more clearly communicate to property owners planning and design objectives, and allow property owners in town to respond in general conformance or to clearly demonstrate why departures are warranted. Finally, these guidelines are intended to help influence the form and design of buildings, not to establish minimum building volumes. Often more than one criteria applies to a given situation e.g. Building Height, Enclosure, Views and Sun /Shade - all are concerns applicable to building height and massing - and they may be mutually conflicting if judged on equal terms. It is the role of the review boards, together with the applicant, to determine the relative importance of each consideration for a given situation. They then must apply those considerations to assure that a balance is achieved between the rights of the public and private sectors. A R C H I TECTURE /LANDSCAPE CONSIDERATIONS FACADES TRANSPARENCY Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor facade of adjacent buildings. Transparent storefronts are "people attractors, " opaque or solid walls are more private, imply "do not approach." On pedestrian - oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. rtt f-Wes p"t»Lrr W ftt7 • �Y NiYf- M J _ �r�,►„t gran -s p„rec ,�cr� W" „y/aMatl pis cw•(o�c E MMMIJ all WEE � 4I Mt A$ Q A te Town of Vail 6/18/2013 Page 5 As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the total length of the commercial facade. Upper floors are often the converse 30% -45% transparent. Examples of transparency (lineal feet of glass to lineal feet of facade) on ground level: • Pepi's Sports: 71 • The Lodge: 66 • Golden Peak House: 62 • Covered Bridge Bldg: 58% • Gorsuch Building: 51 • Gasthof Gramshammer: 48 • Casino Building: 30 WINDOWS In addition to the general degree of transparency, window details are an important source of pedestrian scale - giving elements. The size and shape of windows are often a response to the function ofthe streetadjacent. For close -up, casual pedestrian viewing windows are typically sized to human -sized dimensions and characteristics of human vision. Large glass -wall storefronts suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished. Ground floor display windows are typically raised slightly 18 inches and do not extend much over 8 feet above the walkway level. Ground floors which are noticeably above or below grade are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human- related dimensions). Glass areas are usually subdivided to express individual window elements - and are further subdivided Town of Vail 6/18/2013 Page 6 by mullions into small panes - which is responsible for much of the old -world charm of the Village. Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to give a pleasing rhythm. Horizontal repetition of single window elements, especially over long distances, should be avoided. Large single pane windows occur in the Village, and provide some contrast, as long as they are generally consistent in form with other windows. Long continuous glass is out of character. Bay, bow and box windows are common window details, which further variety and massing to facades - and are encouraged. Reflective glass, plastic panes, and aluminum or other metal frames are not consistent in the Village and should be avoided. Metal - clad or plastic clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. VIII. REQUIRED ACTION Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's May 1, 2013, decision. y E U-1 Y s;;' _4V_ Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council finds as follows. The Vail Village Master Plan and the Vail Village Design Considerations were properly applied in regard to the approval on May 1, 2013, of the proposed exterior alterations to the storefront located at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1. Additionally, staff shall prepare amendments to the Vail Village Design Considerations for review and approval to more accurately reflect the desired outcome Town of Vail 6/18/2013 Page 7 for storefront window designs. Therefore, the Vail Town Council upholds the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132. This decision is final, subject only to judicial review as provided by law." Should the Vail Town Council choose to uphold with modifications the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council finds as follows: The Vail Village Master Plan and the Vail Village Design Considerations were not properly applied in regard to the approval on May 1, 2013, of the proposed exterior alterations to the storefront located at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1. The Vail Town Council, however, upholds the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132 with one modification —the existing knee wall shall remain. This decision is final, subject only to judicial review as provided by law" Should the Vail Town Council choose to overturn the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council finds as follows: The Vail Village Master Plan and the Vail Village Design Considerations were not properly applied in regard to the approval on May 1, 2013, of the proposed exterior alterations to the storefront located at 158 Gore Creek Drive Unit 132 /Lots A, B, and C, Block 5C, Vail Village Filing 1. Allowing storefront windows to span downward to grade would set precedence for a new interpretation of the Vail Village Design Considerations that Town Council is a deviation from the character of Vail Village, which has been established and need preservation. Therefore, the Vail Town Council overturns the decision to allow exterior Iterations to the storefront at 158 Gore Creek Drive Unit 132. This decision is final, su ect only to judicial review as provided by law." IX. ATTACHMENTS v RuC�'—> A. A vicinity map of the property in question B. The plans approved by the Design Review Board dated May 1, 2013 C. Photo documentation of the character of Vail Village storefronts Town of Vail 6/18/2013 Page 8 Attachment A P P 6/18/2013 A 158 Gore Creek Dr. #1132 Lodge at Vail fx" I ASTER PLAN LEGEND TERMS ,0000 WVL �.rE MISTER RAN BaJ"M 7.1 17 MIN Town of Vail © WJWHERY,qAWOJW" AREA' :Comprehensive 6/18/2013 Attachment B INl:nrr C'rrrk (:allrry _ Tra.rllrr IinnLc 61 %Transparency 66% Transparency NEW RED ALUMINUM n FOREFRONT S Y$TEM O A (n S EXISTING STOREFRONT PERIMETER OF EXISTING STOREFRONT — — — — — — — — — — — — — — — T — — — — — — — — — EXTENT OF EXISTING AWNING 6' -41W 7'-9" EXISTING STOREFRONT 03.25.2013 PROPOSED STOREFRONT PERIMETER OF PROPOSED STOREFRONT NO CHANGE TO RETAIL FOOTPRINT 6-a' r T � 4 I EXTENT OF NEW AWNING 7 6 1, -7. 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