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HomeMy WebLinkAboutpec_results_102207F Page 1 PLANNING AND ENVIRONMENTAL COMMISSION October 22, 2007 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 12:00 Training Session with Public Works (lunch will be provided) Tom Kassmel / Greg Hall MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Rollie Kjesbo Michael Kurz Bill Pierce Scott Proper David Viele Site Visits: None Please note: Times of items are approximate and subject to change. 30 minutes 1. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 5-0-1 (Cleveland opposed) 1) That this request to amend the zone district boundaries of the Town of Vail Official Zoning Map to rezone Lots 1 and 2 of the proposed Ever Vail subdivision as Lionshead Mixed Use-2 District will become effective upon review, approval, and recording of the Ever Vail Final Plat by the Planning and Environmental Commission. Warren Campbell made a presentation to the Commission per the staff memorandum. Dominic Mauriello, Mauriello Planning Group LLC, representing Vail Resorts Development Company, made a presentation to the Commission. He stated that this request is the logical step after the Town Council adopted amendments that incorporated the Ever Vail area into the boundaries of the Lionshead Redevelopment Master Plan. He added that this was not the last step in the review of the development of Ever Vail. There was no public comment. Commissioner Viele disclosed that he is an adjacent land owner. He did not believe this would affect his ability to act impartially. Commissioner Proper asked if the CDOT right-of-way transfer did not occur, would the land would revert to the way it is today. Page 2 Warren Campbell answered that if the CDOT right-of-way exchange did not occur, the final plat for the area could not be recorded, therefore the new parcels would not be created and the requested Lionshead Mixed Use-2 zoning would not apply. Commissioner Cleveland was very concerned about making a recommendation on a proposed rezoning prior to the review of conceptual plans for the development and discussion of the impacts. He stated that while there have been talks about certain issues including transportation, retail, etc., but they have not had any conversations regarding housing, or other issues. He stated that he would suggest a Developer Improvement Agreement so this development would be required to go before the Vail Town Council. This way, the Vail Town Council could be party to conversations regarding parking, transportation in general, and housing. He gave the Front Door development review process as an example. Commissioner Proper asked whether those issues would be addressed at the PEC level. Warren Campbell stated that all the impacts identified by Commissioner Cleveland would be reviewed under the Commission’s review of any development plan. Commissioner Viele had major concerns with incorporating an additional level of development review. He stated he has concern with the Town Council having another level of review because this should be an evaluation of the project and not a politicization of the process and of this project’s review. Dominic Mauriello said that the current process is in line with the town’s process for future planning. Jim Lamont clarified that mitigation of loading/delivery and other impacts of a development is required by zoning or by the Town Council. 30 minutes 2. A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), and a request for final review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027, PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell EXTERIOR ALTERATION ACTION: Approved with condition(s) MOTION: Viele SECOND: Kurz VOTE: 4-2-0 (opposed Pierce and Kjesbo) For Design Review 1) That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. Page 3 2) That the Developer work with Staff and Design Review Board to satisfactorily address the items identified in Jeff Winston’s letter dated October 6, 2007. Prior to Submitting for Building Permits 3) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the required off-site improvements, to the Town of Vail Community Development Department for review and approval, prior to making application for the issuance of a building permit for the Fogata improvements. 4) That the Developer shall address all comments and conditions identified in the memorandum from the Town Engineer dated October 1, 2007, (Attachment F) on the plans submitted in conjunction with building permits. Prior to Issuance of Building Permits 5) That the Developer pays in full, the employee housing mitigation fee of $2,783,240.60 prior to the issuance of the building permit for Fogata. Prior to Requesting a Temporary Certificate of Occupancy 6) That the Developer prepares a Fogata Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $70,000.00 in public art improvements to be developed in conjunction with the Fogata project. 7) That the Developer provides the legally executed and duly recorded Type IV deed restriction with the Eagle County Clerk & Recorder’s Office, for the on-site employee housing unit, and that said unit shall be made available for occupancy prior to the issuance of a temporary certificate of occupancy for the Fogata project. 8) That the Developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated (42 trips), or $273,000, created by the Fogata project. The total fee of $273,000 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Fogata project. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. CONDITIONAL USE PERMIT ACTION: Approved MOTION: Viele SECOND: Kurz VOTE: 4-2-0 (opposed Pierce and Kjesbo) Warren Campbell made a presentation to the Commission per the staff memorandum. Commissioner Proper asked Mr. Campbell to clarify whether one housing mitigation option is preferred over another. Page 4 Warren Campbell verified that no method was weighted over another within Ordinances No. 7 and 8, Series of 2007. Dominic Mauriello, Mauriello Planning Group LLC, representing the applicant, noted that he believed the housing mitigation plan is intended to allow the applicant the discretion to decide which mitigation method to pursue. Edwardo Illanes, OZ Architecture, representing the applicant, presented an overview of the architectural changes that were made since the Commission’s last hearing. Jim Lamont, Vail Village Homeowner’s Association, disagreed with Dominic that the public and any other interested party can provide input to the Commission about the mitigation methods for employee housing. He contended that the Commission has final approval over the mitigation method. He is also concerned that the Housing Department has not yet created a master plan of where employee housing units should be located and that housing policies have not been finalized. Eustaquio Cortina noted that their project has already been delayed by a moratorium to address accommodation units, and asked that the Commission make a decision on this project and not delay it for more housing policies. He believes the project complies with today’s requirements and the character of the neighborhood. Commissioner Proper thanked staff for the thorough outline and believes the project complies with the code. Commissioner Kurz thanked the applicant for the numerous revisions that were made and stated he believes the project is ready to move forward. Commissioner Pierce asked the applicants to clarify the circulation patterns and parking for the project. The applicants clarified the issue. Commissioner Pierce also asked Staff to clarify the employee housing requirements, and Warren Campbell explained. He noted his concern that freestanding sheds and butterfly roofs are specifically not permitted by the Lionshead Master Plan architectural guidelines, but he believes the remainder of the project has been well done. Commissioner Kjesbo agreed that good changes have been made in terms of architecture. He noted his concern that there isn’t enough land to accommodate employee housing in Vail and he will not support this project without more on-site employee housing. Dominic Mauriello asked if deed restricted other units in Town would affect his opinion. Commissioner Kjesbo noted that he will require more on-site housing of this project and others, as deed restricting units within Town does not increase the number of units available within the boundaries. Commissioner Viele stated his concern that an employee housing policy has not yet been drafted by Staff and the Housing Authority. He noted the weight $2 million of up-front mitigation fees puts on a development.. He believes the project complies with all other standards. He doesn’t believe the applicant should be delayed any longer by the Town’s inability to provide direction on what methods should be pursued with affordable housing mitigation. Dick Cleveland noted his concern about the “live bed” definitions and policies. He asked about the correlation between the number of actual beds in the old project and the likelihood of the new Page 5 project’s dwelling units participating in a rental pool. He believes the applicant has made many efforts to make it more likely that the units will be rented. Rocky Cortina clarified how the project was designed to comply with the intent of the master plan for “live-beds”. Commissioner Pierce reiterated that both he and Commissioner Kjesbo have voted in opposition of the project because there is no clear, adopted employee mitigation plan provided to aid the Commission in determining what method of mitigation should be pursued. 10 minutes 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0061) Applicant: Lionshead Inn, LLC, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 1) Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall become valid upon the Planning and Environmental Commission granting final approval of the Applicant’s proposal to redevelop the Lionshead Inn building (i.e. Fogata PEC07-0027 and PEC07-0028). 2) Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall be valid until June 30, 2008, or until the demolition of the Lionshead Inn building, whichever occurs first. 3) If the Lionshead Inn building has not been demolished or otherwise rendered un- occupied, the Applicant shall revert the new dwelling unit for the construction of a new dwelling unit back into three accommodations as originally configured prior to December 1, 2008. 4) The new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall not function as business office (i.e. real estate office). Bill Gibson made a presentation to the Commission per the staff memorandum. There was no public comment. The Commissioners supported the proposal. 10 minutes 4. A request for a final review of a variance, from Section 14-3-1, Minimum Standards, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for deviations from minimum deflection angle for driveway access, located at 2755 Snowberry Drive/Lot 10, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC07-0062) Applicant: Dave Hilb, represented by John G. Martin, Architect Planner: Bill Gibson ACTION: Approved with condition(s) Page 6 MOTION: Kjesbo SECOND: Pierce VOTE: 6-0-0 1.) This approval is contingent upon the Applicant providing the Town of Vail an easement for those existing portions of Snowberry Drive located on Lot 10, Block 9, Vail Intermountain prior to submittal of any building permit applications for Lot 10. Bill Gibson made a presentation to the PEC per the staff memorandum. John Martin, applicant’s representative, gave a brief presentation. There was no public comment. Tom Kassmel, Town Engineer, explained the Public Works Department’s position that there is a hardship based upon the road location, and that the proposal does not pose a safety risk given the limited amount of traffic. Commissioner Viele asked if the applicant was agreeable to the recommended condition of approval. Dave Hilb, applicant’s representative, confirmed that he accepts the condition of approval. 10 minutes 5. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for modifications to a public building (emergency power generator), located at 75 South Frontage Road West (Town of Vail Administration Building)/Unplatted, and setting forth details in regard thereto. (PEC07-0063) Applicant: Town of Vail Planner: Nicole Peterson ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 Nicole Peterson made a presentation to the Commission per the staff memorandum. John Gallegos, Town of Vail Facilities Maintenance Manager, stated that the current location of the emergency power generator is not working and a new location is necessary. The proposed location represents the best option. Commissioner Proper asked what the underlying zoning is of the property. Warren Campbell answered that it is zoned General Use. Commissioner Pierce asked about technical requirements for the generator and the cooling space. John Gallegos said that the current location causes overheating of the generator as there is not enough fresh cool air intake. Commissioner Cleveland asked whether the parking space is used for parking. John Gallegos answered that jersey barriers are blocking the space as there are ice and snow shedding issues from the roof above. The new generator enclosure roof has been designed to alleviate this concern. Page 7 20 minutes 6. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, Ski Base Recreation 2 and Special Development Districts, and setting forth details in regard thereto. (PEC07- 0033) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of denial MOTION: Viele SECOND: Proper VOTE: 4-2-0 (Kjesbo and Pierce opposed) Rachel Friede made a presentation to the Commission per the staff memorandum Leslie Fordham, AIPP Coordinator, stated that the AIPP Board was concerned about whether a 50% increase in gross floor area was too high a threshold for requiring public art. Commissioner Pierce asked if there are other cities that require public art in private development. Leslie Fordham answered that San Francisco, San Diego, San Jose, Santa Monica, and Denver (in redevelopment districts) require public art. She stated that public art in some capacity has been required for certain development projects in the Town of Vail for quite some time. Commissioner Cleveland added that Chicago has a requirement for public art. Commissioner Viele asked if there is a set dollar amount attached to the requirements. Rachel Friede answered that the public art would be performance based, versus having a monetary value. This is due to a lack of a rational nexus between mitigation of development and public art. The new requirements would not require art as mitigation of development impacts, but would be part of zoning requirements. Commissioner Viele stated he is not in support of the text amendments. Commissioner Pierce suggested striking Section 12-25-2A. He asked for clarification regarding the definition of a professional artist. The Commissioners generally expressed concern about requiring a professional artist for the public art, noting that an architect could also be an artist. Rachel Friede responded that there is a provision for emerging artists. Commissioner Pierce stated that public art approval should be under the purview of the Design Review Board. Rachel Friede explained that the text amendments would allow the Commission to make a final decision on public art as part of the development plan, with a recommendation from the AIPP Board. Page 8 Commissioner Kurz stated that this a good start and that PEC should be the decision making body in public art. Commissioner Proper asked for clarification on whether public art is required today, and if this is considered a tax. Rachel Friede answered that this is not a tax as proposed, but would rather be a zoning requirement. George Ruther, Director of Community Development, commented that the reason 50% of gross floor area or more was used as the trigger for public art is because this is a commonly used threshold, including that for demo/rebuild. Commissioner Kurz asked when would this would be implemented. Rachel Friede stated typically the amendments would be implemented immediately upon adoption by Town Council. Commissioner Cleveland stated an example of requiring 1% funding toward public art, and that this is only applied to public buildings, not private. He said he does not agree with requiring public art on private property. Commissioner Proper stated he does not support requiring public art on private property. Community Development Director Ruther asked if PEC could comment on the process and implementation of the text amendments. Commissioner Kurz stated he thinks the implementation is good, but the percentage is arguable. Art improves a project, however requiring it is difficult for a developer and difficult for the Town to implement. Leslie Fordham stated that the Board wishes to remove the subjectivity out of the art through creating criteria for public art review. Commissioner Cleveland responded that the subjectivity is not taken out as written. Rachel Friede stated that one of the objectives of the amendments was to take the subjectivity out of the art and referenced page 5, criteria. She stated the criteria lends itself to encourage dialog void of subjectivity. Commissioner Proper believes the amendment should reflect the Town’s priorities, and he does not believe the priority is there to require it. Commissioner Viele suggested that if priority is there, the Town shall commission a study of best places and policy for art requirements. George Ruther referenced the flow chart (attachment B) in regards to process. He stated that Staff tried to simplify the applicability of the requirement by attaching it to already defined zoning districts. He explained that Staff has heard from developers that the current art as mitigation is unexpected and late in the process, therefore this proposal tries to implement a clear requirement at the beginning of the development process instead of late in the entitlement process. Page 9 Commissioner Cleveland requested opinions regarding the 50% gross floor area addition as a threshold for public art requirements. Commissioner Proper felt the 50% is arbitrary. Commissioner Kjesbo said 50% makes sense because it exists in other processes. Commissioner Viele stated that Staff should not obligate the Town with a timeline, as it creates false expectations. Commissioner Cleveland commented that the AIPP Board’s recommendation should not be reliant on the artist’s qualifications. Commissioners Proper and Viele also did not agree with trying to define professional artist. 5 minutes 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson ACTION: Tabled to November 12, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 6-0-0 8. Approval of October 8, 2007 minutes MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-1 (Viele abstained) 9. Information Update The group discussed the need for more information on the mitigation of employee housing if they are to be expected to review a proposal and vote upon an employee housing mitigation plan. Staff suggested that they would schedule a lunch time training session prior to the next Commission hearing regarding employee housing mitigation. 10. Adjournment MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 19, 2007, in the Vail Daily.