HomeMy WebLinkAboutPEC Memo 9_22_08MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 22, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special
Development District, 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 (Village Inn Plaza)/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
______________________________________________________________________
SUMMARY
The Applicant, Colondo Company, represented by Sherman & Howard, LLC, has requested final review by the Planning and Environmental Commission for a major amendment to Special Development
District (SDD) No. 6, Village Inn Plaza, Phase III, 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.
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 denial of the major amendment to SDD No. 6, Village Inn Plaza.
II. DESCRIPTION OF THE REQUEST
This major amendment request includes the conversion of existing office and retail space to residential for an approximate 1,483 square foot addition to existing residential unit #110.
The proposed addition is immediately below the existing unit #110 (Plan sheet A2.2 - Level 95.0’) and includes a new exterior entrance off the pedestrian plaza on the north side of
the building, mudroom, staircase, media room, three bedrooms and four 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 lessees: a) Digits Nail Boutique (122 square feet of retail); b) Robinson, Mitchell & Associates (343 square feet of office), and c)
the eastern one-third of To Catch a Cook (1,018 square feet of retail). The definition of a Major Amendment includes any proposal to change uses. Therefore, a major amendment to SDD
No. 6, Village Inn Plaza, Phase III, is required, pursuant to Section 12-9A-2, Vail Town Code.
III. BACKGROUND
Special Development District No. 6, Vail Village Inn, was adopted by Ordinance No. 7, Series of 1976. The subject site was part of the original Town of Vail created in August of 1966.
The subject site is part of Phase III of the Vail Village Inn Special Development District (SDD). The various phases of the district have been amended numerous times since their inception.
These amendments affect projects ranging in scope from minor remodels to construction of the new Vail Plaza Hotel.
IV. ROLES OF THE REVIEWING BOARDS
Order of Review:
Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval
by the Town Council.
Planning and Environmental Commission (PEC):
The PEC shall review the proposal for general compliance with the criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application.
Town Council:
Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within
twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound
by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district.
V. APPLICABLE PLANNING DOCUMENTS
Vail Town Code
12-9A: Special Development (SDD) District
12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use;
to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural
and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan
12-9A-2: DEFINITIONS (in part)
Major Amendment: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special
development district (other than ‘minor amendments’ as defined in this section).
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please see section VII of this memo which states and discusses Section 12-9A-8.
12-7A: PUBLIC ACCOMODATION (PA) DISTRICT
12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities
and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district
and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and
to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses
which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district.
Town of Vail Land Use Plan
Chapter I – Introduction - 1. Purpose of Project (in part):
This document is intended to serve as a basis from which future decisions may be made regarding land use within the Valley. The primary focus of the Land Use Plan has been to address
the long-term needs and desires of the Town as it matures.
Chapter II – Land Use Plan Goals and Policies:
Staff has included the relevant Goals and Policies of the Land Use Plan in Section VII, Criteria D, of this memorandum.
Vail Village Master Plan
Staff has included the relevant Objectives and Policies of the Vail Village Master Plan in Section VII, Criteria D, of this memorandum. The subject property is within Vail Village Master
Plan ‘Mixed Use Sub-Area #1,’ shown below.
MIXED USE SUB-AREA (#1)
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.
There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the
4-way stop and at the intersection of Vail Road and Meadow Drive. 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.
A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final, phase of the Vail village Inn project. In addition, commercial
and residential/lodging development potential is identified in sub-area concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the sub-area "built out".
#1-1 Vail Village Inn (Map below)
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. Design must be sensitive to maintaining view corridor from
4-way stop to Vail Mountain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6.1.
#1-6 Crossroads Infill (Map below)
Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration
of infill may be done a number of ways, it is the overall intention to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong
building edge on Meadow Drive and streetscape improvements. Improvement of the planted buffer adjacent to the Frontage Road is also important. Relocation of loading and delivery functions
and entry to parking structure from Frontage Road is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme.
Special emphasis on 2.4, 2.5,.2.6, 3.1, 4.1, 5.1, 6.1, 6.2.
VI. ZONING AND LAND USE
Zoning: Special Development District No. 6 and
Public Accommodation (PA) District
Land Use Plan Designation: Village Master Plan
Development Standard Allowed/Required Existing Proposed
Setbacks:
North: Per Dev. Plan* Per Dev. Plan No Change
South: Per Dev. Plan* Per Dev. Plan No Change
East: Per Dev. Plan* Per Dev. Plan No Change
West: Per Dev. Plan* Per Dev. Plan No Change
Building Height: Per Dev. Plan* Per Dev. Plan No Change
Parking: One additional space is required for unit #110, with the proposed addition/ conversion. The applicant is proposing to deed one additional space to unit #110 as shown on sheet
A1.3.
Site Coverage: Per Dev. Plan* Per Dev. Plan No Change
Landscape Area: Per Dev. Plan* Per Dev. Plan No Change
* The building bulk control standards are allowed as shown on the approved development plans.
Employee Housing: The proposed addition triggers an employee housing mitigation requirement under Section 12-24, Vail Town Code (Attachment C).
VII. REVIEW CRITERIA AND FINDINGS
Section 12-9A-8, below, outlines the design criteria for Special Development Districts. Staff has responded to each of the criteria as they relate to the proposed conversion of existing
office and retail space to residential for an addition to an existing dwelling unit.
12-9A-8: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that
a practical solution consistent with the public interest has been achieved:
Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
Staff believes the proposed exterior alterations, including new windows and a door are compatible with the existing building architecture. There are no exterior building additions proposed.
Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.
Staff believes the proposed use change of the existing retail (Digits Nail Boutique) and office (Robinson, Mitchell & Associates) fronting on the pedestrian plaza on the north face of
the building is inconsistent with the surrounding uses and activity. The proposed addition will privatize the pedestrian-level façade and create an un-welcoming, in-active, dark plaza
frontage that will hinder the existing, adjacent retail (Tezla Lingerie) and showroom (Claggett-Rey Gallery) activity in the pedestrian plaza.
The adjacent property, directly to the east, Solaris, is currently under construction. The proposed plans include a tunnel that will link the Vail Village Inn pedestrian plaza (subject
property) with the proposed Solaris plaza and shops. The tunnel, when complete, will provide a pedestrian connection that increases circulation and vibrancy through the retail corridor.
The pedestrian connection in the subject property retail area is highlighted as part of the Village pedestrian network, illustrated in the Vail Village Master Plan – ‘Parking and Circulation
Plan’ (below).
Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code.
The proposed addition generates the need for 1 new parking space for Unit #110. The applicant is proposing to deed an additional parking space to unit #110 as shown on sheet A1.3 (attached).
The proposed addition meets the required parking.
The provisions of SDD No. 6 (Ordinance No. 16, Series of 2004) state the following with regard to loading and delivery:
Section 5.9. “That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the
facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may
be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system.’
It shall be noted that any proposal in Phase III, if approved, would require a link to the loading /delivery system mentioned in the above provision. Specifically, a condition of approval
shall require a new loading and delivery garage door 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. The garage door addition will provide loading and delivery
services to Phase III and would be a condition of approval for any proposal in Phase III.
D. Conformity with the applicable elements of the Vail Comprehensive Plan.
Staff believes the proposal, to convert existing office and retail space, fronting on a major pedestrian way in Vail Village, to residential for an addition to an existing dwelling
unit is in conflict with the following sections of the Town of Vail Land Use Plan and Vail Village Master Plan.
Vail Land Use Plan
Chapter II – Land Use Plan Goals and Policies (in part):
The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings held throughout the project. These goal statements should be used
in the evaluation of any development proposal.
1. General Growth/Development
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.
1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.
4. Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled
to facilitate access and delivery.
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.
Vail Village Master Plan
2.4 Objective:
Encourage the development of a variety of new commercial activity where compatible with existing land uses.
2.4.1 Policy:
Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and
streetscape improvements to the pedestrian network throughout the Village.
2.6 Objective:
Encourage the development of affordable housing units through the efforts of the private sector.
3.1 Objective:
Physically improve the existing pedestrian ways by landscaping and other improvements.
3.1.1 Policy:
Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways
3.3 Objective:
Encourage a wide variety of activities, events., and street life along pedestrian ways and plazas.
3.3.1 Policy:
The Town encourages a regulated program of outdoor street activity in predetermined locations throughout the Village.
4.1 Objective:
Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the
Village.
4.1.2 Policy:
The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles
as attractive people places.
E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the proposed additions are not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek
or its tributaries.
Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
The proposed addition does not disturb any natural features or vegetation.
A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.
The proposed conversion of existing office and retail space to residential for an addition to an existing dwelling unit on the existing pedestrian plaza level will be detrimental to
the pedestrian/ visitor experience by limiting the activity and vibrancy on the pedestrian circulation corridor. As mentioned in Criteria B, above, the subject property pedestrian plaza
is part of the Village Pedestrian Network, designated in the Vail Village Master Plan – ‘Parking and Circulation Plan.’
It shall be noted that any proposed changes to Building No. 2 of Phase III (subject property), if approved, shall require the improvement of the pedestrian walkway, pursuant to policies
in the Vail Village Master Plan, on the east side of Building No. 2, connecting the north pedestrian plaza with the East Meadow Drive walkway. Improvements shall include, but not be
limited to, resurfacing, landscaping and ADA (American’s with Disability Act) compliance.
Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions.
No changes to landscaping are proposed through this request. However, if approved, Staff would recommend a condition of approval be added to improve the landscaping on the east side
of Building No. 2 along the pedestrian walkway.
Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.
The addition is not proposed in phases.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial for a major amendment to Special Development District
No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development District, Vail Town Code, to the Vail Town Council. Staff’s recommendation is based upon the review of the criteria
found in Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation of denial to the Vail Town Council of this proposed amendment to a Special Development District, the
Department of Community Development recommends the Commission pass the following motion:
“The Planning and Environmental Commission recommends denial of a major amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development
District, 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 (Village
Inn Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a recommendation of denial to the Vail Town Council of this proposed amendment to a Special Development District, the
Department of Community Development recommends recommends the Commission makes the following findings:
“The Planning and Environmental Commission finds:
That the amendment is in-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 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.
IX. ATTACHMENTS
Vicinity Map
Proposed Architectural Plans
Inclusionary Zoning (Employee Housing) Requirement
Neighbor Email - Claggett/Rey Gallery
Citizen Email – Digit’s Salon
Attachment A: Vicinity Map
Attachment B:
Proposed Architectural Plans
Attachment C:
Inclusionary Zoning Requirement
Section 12-24, Vail Town Code
Colondo Company Addition
Legal Description: Lot O, Block 5D, Vail Village Filing 1
PEC 08-0049
I. Net New GRFA for Colondo Company Residence
A. Residential Increase = Inclusionary Zoning
Increase in GRFA = 1483 sq ft increase
Inclusionary Zoning requirement = 10 percent of net new residential sq ft
1483 sq ft x 10 % = 148.3 sq ft required deed restricted employee housing
Possible Method of Mitigation for Inclusionary Zoning
Fee-in-Lieu
Provide a fee-in-lieu payment to the Town of Vail of
148.3 sq ft x $301.65 / sq ft = $44,734.70
II. Payment of the Fee-in-Lieu
A. Payment of the fee-in-lieu of $44,734.70 must be paid prior to the issuance of a building permit for the project
Attachment D:
Neighbor Email - Claggett/Rey Gallery
>>> "Bill Rey" <bill@claggettrey.com> 09/03/2008 1:33 PM >>>
Hello Nicole and Warren,
I have received the word that there is interest in changing the
commercial spaces next to our gallery to residential. I have some
definite concerns regarding this. First those commercial spaces do
create traffic at this time and since I have been here in the plaza for
almost 20 years and have endured the re-development of the Plaza Hotel
and now Solaris which have impacted pedestrian traffic big time for
years, and years to come so I am very concerned.
Thank you for considering this request and I will look forward to
hearing from you.
Sincerely,
Bill Rey
Claggett/Rey Gallery
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
Version: 8.0.169 / Virus Database: 270.6.16/1650 - Release Date:
9/3/2008 4:13 PM
Attachment E:
Citizen Email – Digit’s Salon
6
1