HomeMy WebLinkAbout121608 memo see Council folder for finalMEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: December 16, 2008
SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development
plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential
for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080049)
Applicant: Colondo Company, represented by Sherman & Howard, LLC
Planner: Nicole Peterson
______________________________________________________________________
I. DESCRIPTION OF THE REQUEST
This SDD major amendment ordinance request includes the conversion of existing office and retail space to residential for an approximate 1,237 gross residential square foot addition
to existing residential unit #110. The proposed addition is immediately below the existing unit #110 and includes a new exterior entrance off the pedestrian plaza on the north side
of the building, mudroom, staircase, media room, two bedrooms and three bathrooms. The proposal also includes the interior reconfiguration of the existing unit #110 level 105.0’ and
minor exterior alterations. The proposal does not include any additions outside the exterior walls of the existing building. The addition area is currently occupied by three commercial
lessees:
1) Digits Nail Boutique (108 net square feet of retail)
2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)
3) Portion of To Catch a Cook (976 net square feet of retail)
4) Miscellaneous - Interior walls to be removed (38 net square feet)
Since the December 2, 2008, Town Council hearing, the applicant has changed the proposal to include a 964 square foot, deed restricted employee housing unit (EHU) on Bellflower Drive.
The applicant is required to provide the equivalent of 123.7 square feet of EHU floor area under Section 12-24 Inclusionary Zoning, Vail Town Code. The applicant is proposing to offer
375 square feet of the EHU (3x the required square footage), as part of this proposal, which is 251.3 square feet more than the requirement. The remaining 589 square feet (964 square
foot unit – 375 square feet in this proposal = 589 square feet remaining) of the EHU shall be credited in the applicant’s mitigation bank, under Section 12-24-7 Mitigation Bank, Vail
Town Code.
II. BACKGROUND
The Planning and Environmental Commission, at their October 13, 2008 hearing, recommended that the Council approves the request with conditions
The Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce recused) to forward the recommendation of approval. The two votes recommending approval are summarized below
from the meeting minutes of October 13, 2008:
Commissioner Tjossem, believes that this area is not vibrant and there is a precedence for conversion set. She believes the conversion is appropriate.
Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult to predict the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He also
stated that his vote of support, if a motion where made to forward a recommendation of approval, would be based on the opinion that the ‘To Catch a Cook’ retail space is a second story
retail area, and thus is comparable to the previous approvals of 2nd and 3rd story commercial conversions to residential.
The one vote (in opposition to the motion) recommending denial is summarized below from the meeting minutes of October 13, 2008:
Commissioner Kurz, stated that he has not served on previous Commissions and therefore, cannot comment on how the precedence of retail to residential in this area came to be. He added
that he could not predict the amount of pedestrian traffic in the future, as a result of the Solaris tunnel. He stated concern that this is a permanent change and does not believe the
application adheres to the Vail Village Master Plan.
The Town Council, at the October 21, 2008 Council meeting, approved Ordinance No. 22, Series of 2008, on first reading with the following conditions. Updates regarding the following
conditions are stated after each condition in bold italics:
1. The Vail Village Inn Homeowner’s Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application,
prior to the submittal of a Design Review application for the exterior changes associated with this conversion. The Design Review Board at their November 19, 2008 meeting approved the
demolition of the walkway on the east side of the subject property, rendering this condition unnecessary.
2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway,
along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. The Building
Official, in his October 20, 2008 email to Staff states, in summary, that any addition/ alteration to the site will require 20% of the construction project cost to be spent towards accessibility
(Section 3409.5 and 3409.6 IBC) because the subject building #2 is not handicap accessible. The monies collected thru this requirement may be spent anywhere on site, that increases
accessibility to building #2 (not necessarily for the public walkway along the east side of the subject property). The email renders this condition unnecessary.
3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase
III) that aligns with the Plaza’s existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance
of a building permit. The applicant has submitted a building permit application (B08-0398) to construct a new garage door connection at the location specified in the above condition.
The permit application is in review, awaiting further information from the applicant.
4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building
permit. The applicant has stated, at previous meetings, that they are willing to pay the fee-in-lieu for the Inclusionary Zoning requirement. It was suggested, at the December 2, 2008
Town Council hearing that the applicant shall increase the amount from the required 10% of net new residential (123.7sf x $301.65 = $37,314.11) to 50% (618.5 x $301.65 = $186,570.52)
as a proposed public benefit.
5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application.
6. The applicant shall facilitate the dedication and recording of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a
form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. At the November 4, 2008 meeting, Town Attorney,
Matt Mire, stated that this condition is not enforceable by law, rendering this condition unnecessary.
The Town Council, at the November 4, 2008 meeting tabled Ordinance No. 22, Series of 2008, on second reading and requested Staff provide an analysis of the public benefits of the project.
As stated above, at the November 4, 2008 meeting, Town Attorney, Matt Mire, stated that the condition to facilitate the dedication of an easement over the existing pocket park, was not
enforceable by law. This conclusion was a major concern for the Council, and therefore they requested an analysis of other developments and the proposed public benefits.
The Town Council, at the December 2, 2008 meeting tabled Ordinance No. 22, Series of 2008, on second reading and requested the applicant reconsider the public benefits associated with
the proposal.
At the December 2, 2008 Town Council meeting, Staff provided a report of recent development public benefits and minutes of the November 4, 2008 Town Council meeting for the Council’s
review. Staff also gave a presentation explaining the applicant’s proposed loading and delivery improvements, including a delivery/wheelchair lift and garage door connection on the
west end of the existing underground parking garage, which were proposed as public benefits.
The Community Development Department recommends that the Town Council deny the request based on the review criteria and findings found in Section VII of Staff’s October 13, 2008 memorandum
to the Planning and Environmental Commission.
III. Public Benefit Analysis
Does the proposed public benefit of providing an accessibility and delivery lift that strengthens the connectivity and pedestrianization of SDD No. 6, Vail Village Inn and additional
EHU area (251.3 square feet over the requirement) outweigh the adverse effects of converting 1,237 square feet of commercial space to residential?
According to 12-9A-9 Special Development (SDD) District, Development Standards, Vail Town Code, the public benefit of a project shall outweigh the adverse effects of the deviation, as
stated below:
12-9A-9: Special Development District, Development Standards
Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of
the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate
from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is
to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article.
The applicant is proposing additional GRFA (1,237 square feet) which is the deviation from the approved SDD No. 6, Vail Village Inn development plan. Staff believes the adverse effect
of the proposal is the loss of commercial space on the pedestrian plaza.
For comparison purposes, Staff has created a table, below, that includes the previous two conversions within SDD No. 6, Vail Village Inn. The table compares each of the project’s conversion
area, linear feet on a pedestrian plaza, deviation request, adverse effects and public benefits with estimated dollar amounts.
Project Converted Commercial Square Footage Linear Feet on Pedestrian Plaza Deviation Requested Adverse Effects Public Benefit Ordinance 32, Series of 2003 Conversion
(Alpenrose) 2,132 (700 sf on pedestrian level) 70 feet Additional GRFA Loss of commercial space on a pedestrian plaza None ($0) Ordinance No. 6, Series of 2005 Conversion
(Phoenix Rising) 1,158 (107 sf on pedestrian level) 18 feet Additional GRFA Loss of commercial space on a pedestrian plaza ~245 sf of heated paver streetscape on Meadow Drive (245 sf
x $110 per sf = $26,950) Proposed Ordinance No. 22, Series of 2008 1,237 (All on pedestrian level) 12 feet Additional GRFA Loss of commercial space on a pedestrian plaza Accessibility
and delivery lift
(~$41,200) &
Additional EHU area = 251.3 sf over requirement (251.3 x $301.65 per sf = $75,804.64)
Total = $117,004.64
Staff believes that if the Council chose to approve the request, then the public benefit should outweigh the adverse effect of losing commercial space on the pedestrian plaza and that
the public benefits should further the goals and objectives of the Vail Village Master Plan, stated below. The proposed accessibility and delivery lift could be considered a public
benefit that furthers the goals and objectives of the Vail Village Master Plan, stated below:
Vail Village Master Plan
Mixed Use Sub-Area #1 (Includes SDD No. 6, Vail Village Inn)
The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along
East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity.
It is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area
may; benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek.
Mixed Use Sub-Area #1-1 Vail Village Inn
Final phase of Vail Village Inn project to be completed as established by development plan for SDD #6. Commercial development at ground, level to frame interior plaza with greenspace.
Mass of buildings shall "step up" from existing pedestrian-scale along Meadow Drive to 4-5 stories along the Frontage Road.
Parking and Circulation Plan
The pedestrian plaza that fronts the subject commercial area, is highlighted as part of the Village pedestrian network, illustrated in the Vail Village Master Plan – ‘Parking and Circulation
Plan’ (below). The proposed lift addresses pedestrianization and connectivity.
IV. ACTION REQUESTED OF COUNCIL
Please find below, two draft motions: One of denial and one of approval, with conditions for the Council’s consideration.
Motion to Deny:
Should the Council choose to deny this amendment to Special Development District No. 6, the Council may make the following motion:
“The Town Council deny’s, the second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development
plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential
for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Council choose to deny this amendment to Special Development District No. 6, the Council may make the following findings:
That the amendment is inconsistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is incompatible with the development
objectives of the Town, based upon the review outlined in Section VII of the Staff’s September 22, 2008, memorandum to the Planning and Environmental Commission; and
That the amendment does not further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VII of the Staff’s September 22, 2008, memorandum
to the Planning and Environmental Commission; and
That the amendment does not promote the health, safety, morals, and general welfare of the Town, and does not promote 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, based upon the review outlined in Section
VII of the Staff’s September 22, 2008, memorandum to the Planning and Environmental Commission.
Motion to Approve:
Should the Council choose to approve this amendment to Special Development District No. 6, the Council may make the following motion:
“The Town Council approves, with conditions, the second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending
the approved development plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail
space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Council choose to approve this amendment, the Council may make the following conditions:
The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase
III) that aligns with the Plaza’s existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance
of a temporary certificate of occupancy or certificate of occupany.
The applicant shall comply with the requirements of Chapter 12-24, Inclusionary Zoning, _________prior to the issuance of a building permit.
The applicant shall install a wheelchair and delivery lift located near Osaki’s, as reflected on the building permit plans, in order to facilitate efficient loading and delivery within
SDD No. 6, prior to the issuance of a temporary certificate of occupancy or certificate of occupancy.
The applicant shall record, or cause to be recorded, an easement for deliveries to pass thru the Phase III existing parking garage, in a form approved by the Town Attorney, prior to
the issuance of a building permit.
Should the Council choose to approve this amendment, the Council may make the following findings:
That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is in-compatible with the development
objectives of the Town, based upon the review outlined in Section VII of the Staff’s September 22, 2008, memorandum to the Planning and Environmental Commission; and
That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VII of the Staff’s September 22, 2008, memorandum
to the Planning and Environmental Commission; and
That the amendment does promote the health, safety, morals, and general welfare of the Town, and does not promote 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, based upon the review outlined in Section VII
of the Staff’s September 22, 2008, memorandum to the Planning and Environmental Commission.
IV. ATTACHMENTS
Ordinance No. 22, Series of 2008, second reading
ORDINANCE NO. 22
Series of 2008
AN ORDINANCE repealing and re-enacting Ordinance No. 6, Series of 2005, amending the approved development plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block
5D, Vail Village Filing 1, and setting forth details in regard thereto.
WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions
of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum;
and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town
Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public
benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere
within the Town of Vail; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT:
*All additions are illustrated with bold italics and deletions are illustrated with strikethrough
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase III of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial space to
residential for an addition to an existing dwelling unit.
Section 2. Establishment Procedures Fulfilled, Planning Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning
& Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn. Requests for the amendment of a special development district follow the procedures
outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 6
Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general
character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development
District No. 6, Vail Village Inn, Phase III, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards, Special Development No. 6, Vail Village Inn
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase III, shall include the following plans and materials prepared by Blue Line Architects, dated
September 24, 2008:
a. A1.3. Parking Map
b. A2.1. Level 95.0 Existing
c. A2.2. Level 95.0 Proposed
d. A2.3. Level 105.0 Existing
e. A2.4. Level 105.0 Proposed
f. A2.5. Level 114.4 Existing
g. A3.1 Exterior elevations
h. A3.2 Exterior elevations
i. A5.1. Vicinity Map
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects,
dated December 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005:
a. A200. Level One Floor Plan
b. A201. Level Two Floor Plan
c. A202. Level Three Floor Plan
d. A301. North & South Elevations
e. A302. East & West Elevations
Density-Number of Units Per Acre -
The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following:
Dwelling Units Per Acre – 13.25
Density – Gross Residential Floor Area -
The gross residential floor area (GRFA) permitted in Special Development District No. 6, Vail Village Inn, which accounts for residential square footage only, shall not exceed the following:
GRFA – 187,798 Square Feet
Other Development Standards
No other development standards are amended by this ordinance.
Section 5. Conditions of Approval
The following conditions of approval shall become part of the Town’s approval of the amendment of Special Development District No. 6, Vail Village Inn:
Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2008 and a public hearing for second reading of the Ordinance
set for the 4th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_________________________
Richard Cleveland, Mayor
Attest:
__________________________
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of December, 2008.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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