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HomeMy WebLinkAbout2000-09-19 Support Documentation Town Council Work Session o w t ~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, September 19, 2000 12:00 P.M. AT TOV COUNCIL CHAMBERS NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Lunch meeting with the Planning and Environmental Russell Forrest Commission and the Design Review Board. (1:30 mins.) ACTION REQUESTED OF COUNCIL: Staff would suggest having a discussion regarding the following items. SUGGESTED ITEMS FOR DISCUSION: 0 Council Vision and Mission statement Communication during a complex development review process (Chateau Redevelopment) Expectations for applications, applicants, review boards, and staff (What do you want applicants and the public to say after an application is acted upon) Other 2. Site Visit to Lot 15/16, Bighorn, 1552 Matterhorn and Vail Tom Moorhead Ridge. (45 mins.) Russell Forrest 3. Open Space Acquisition. (15 mins.) Russell Forrest ACTION REQUESTED OF COUNCIL: There are currently 3 open space acquisition actions for the Town Councils consideration. Staff would request direction on these three potential open space acquisition opportunities BACKGROUND RATIONALE: There are three separate and unrelated open space acquisition actions for the Town Councils consideration. They include: 0 Lots 15 & 16 in the Bighorn Subdivision, Second Addition. This was a high priority open space action in the Open Lands Plan. 0 1552 Matterhorn Circle to connect the lower bench and the middle bench of Donovan Park. 0 Unplatted parcel north of Vail Ridge. This was a high priority open space action in the Open Lands Plan. 4. Executive Session to Consider Land Acquisition. (30 mins.) Tom Moorhead Russell Forrest 5. Interview for DRB Appointment - One Position. (5 mins.) George Ruther 6. Update on Berry Creek 5th. (30 mins.) Tom Braun Dominic Mauriello BACKGROUND RATIONAL: The Town of Vail and Eagle Nina Timm County have been moving forward to reach agreement on a Tom Moorhead contract with the chosen developer Auerbach. We also have been refining the sketch plan for the site with Braun Associates. Braun Associates has filed an application for sketch plan n r approval. This has been deemed complete as a valid development application by the Eagle County Community Development Department. The purpose of this presentation is to update the Town Council on the current status of the development plan. ACTION REQUESTED OF COUNCIL: None at this time. 7. Discussion of first reading of Ordinance No. 24, Series of 2000, George Ruther an ordinance amending Section 12-11-4 (Design Review, Materials To Be Submitted; Procedures), Section 12-15-4 (Interior Conversions, Process), Section 12-15-5 (Additional Gross Residential Floor Area; 250), Section 12-16-2 (Conditional Use Permit, Application, Contents), Section 12-17-2 (Application Information Required), adding the requirement for co-owner signatures on development review applications or written letters of approval to be submitted to the Town of Vail Community Development Department; and setting forth details in regard thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 24, Series of 2000, on first reading. BACKGROUND RATIONALE: On September 5, 2000, the Community Development Department presented a memorandum to the Vail Town Council outlining the many issues and conflicts associated with development review applications for jointly owned property. Specifically, staff addressed the issue of development on A,B,C and A/B parcels in the Town of Vail. Due to the joint ownership nature of much of the land in the Town and the need to insure fairness and consistency in the implementation of the Town's land use regulations, the Council directed staff to prepare an ordinance that would require all owners of a property being considered for development to sign the development review application. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 24, Series of 2000, on first reading. 8. Tap Room - Presentation of Revised Plans. (15 mins.) Allison Ochs 9. Review Evening Town Council Meeting Agenda of September 19, 2000. (5 mins.) 10. Information Update. (10 mins.) 11. Council Reports. (10 mins.) 12. Other. (10 mins.) 13. Adjournment. (4:40 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/26/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/3/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIN TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 1013100, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. MEMORANDUM TO: Vail Town Council 4 FROM: Community Development Department DATE: August 22, 2000 SUBJECT: Consideration of three open space related acquisitions 1. WILSON PROPERTY, LOTS 15 & 16 IN THE BIGHORN SUBDIVISION, SECOND ADDITION/ACTION #11 IN THE COMPREHENSIVE OPEN LANDS PLAN Attached is a memo that summarizes a proposed replatting and rezoning of the above mentioned lots. This application is still active. However, staff and the PEC have indicated to the applicant that the proposal is not acceptable in its current forma Lot 15 is 83,560 square feet and zoned primary/secondary. Lot 15 is primarily in a red avalanche hazard zone. Lot 16 is 125,797 sq. ft and is zoned agriculture open space. There is a "by right" development potential on lot 16 of one 2000 square foot single family dwelling unit (excluding GRFA credit). Lot 16 was identified in the Comprehensive Open Lands Plan as a high priority for acquisition because it was in a red avalanche zone, provided access to a water fall, and could provide access to a potential south trail. The neighbors would like to discuss the protection of lots 15 and 16 as open space through a cost sharing agreement with the Town of Vail. The value of the land is estimated at approximately $525,000. Attached are also letters from the Stewart's and Claudia Delude outlining their interest in the land. 2. UNPLATTED LAND NORTH OF VAIL RIDGE SUBDIVISION/ACTION # 2 IN THE COMPREHENSIVE OPEN LANDS PLAN The Town of Vail has tried to acquire a 7.2 acre tract of land directly north of Cortina Lane on several occasions directly from the owner and then through a tax sale. The land is in Eagle County and zoned Agriculture. It has the potential for 1 single-family lot under Eagle County zoning. This parcel was identified as a high priority for acquisition in the Comprehensive Open Lands Plan. The proposed use of the land outlined in the plan was to use it in the USFS/TOV land exchange and maintain it as open space under USFS ownership. Mr. Randall of Grand County owns the land. It is land locked with private development on Cortina to the south and U.S. Forest Service land on all other sides. It may be possible to gain access on the west side of the property over U.S. Forest Service land. This would require approval from the USFS. Brad Udall of the. Eagle Valley Land Trust has contacted the Town to determine if we would like to protect this land by purchasing it for $150,000. There would also be a conservation easement on the land if the Town choose to purchase it in cooperation with the Land Trust. The owner of the land has been in contact with the Eagle Valley Land Trust. 3. 1552 MATTERHORN CIRCLE The Town Council directed staff to move forward with an appraisal of 1552 Matterhorn Circle for the purpose of open space protection. This land is zoned Residential Cluster and is 37,984 sq. ft. This property was sold on August 21, 2000 to a Mr. Hilb of Vail for a price of $490,000. An appraisal can be completed within 5 weeks but the anticipated value of the land is expected to be similar to the recent purchase price. Mr. Hilb has had a meeting with the Community Development Department to explore development options on the land. TOWN OF PAIL LOTS 15 1 IN THE BIGHORN SUBDIVISION, M0 #3 v. ! R m« t~P,,F o 1552 Matterhorn Circle Matted Parcel North of Vail R"Idge J ~ V t I 970-476-8354 p.l Aug 29 00 04:53p W.Stewart y3lb r b. MEMORANDUM DATE: August 29, 2000 TO: Mr. George G. Ruther Department of Community Development 75 South Frontage Road Vail, Colorado 81657 FROM- Tana F. Stewart Wendy M. Stewart Bill E. Stewart 3880 Lupine Drive Vail, Colorado 81657 S1T.B.11EcCT: Lot 15116 Bighorn 2nd Addition Dear Sirs: We believe maintaining open space in Vail is one of the most critical isgies for our c..-,.vanity. Recently, our family participated in a petition campaign asking Vail citizens to record their support of Vail's open space plan and to oppose development of lot 15116 of Bighorn 2nd Addition. i would report that our c.,......anity is fully supportive of any and all open space preservation. Ln that regard, we are prepared to contribute U5$100,000 towards the acquisition of these lots for open space. You will receive a matching offer from our neighbor. We ask that the Town of Vail also contribute to the acquisition. 0" cu..,yu4ment is as follows: 1) We will retain a strip of land approximately 50 feet by 250 feet immediately adjacent to our lot (14A.). 2) Any additional land, as represented by the proportion purchased by our contribution, will be donated to the Town of Vail for open space. 3) We would require that the use of the land be restricted, in perpetuity, to open space. 4) We will not request any development rights (no f;RFA) for the 50 by 250 addition to our lot. 5) We would be prepared to legally restrict our total lot as required. We look forward to discussing our proposal with the Town Council. Regards, Aug-30-00 02:39P Colorado Speakers Bureau 970 476 0505 P-01 August 30. 2000 George Ruther Community Development Town of Vail By facsimile Dear George, Per our discussion, I am prepared to offer a $100,000 contribution to the Town of Vail towards the purchase of Lot 16 and Lot 15, if the lots are to be held as "designated open space""in perpetuity. Dalton and I need a little time to discuss whether or not we would extend our property liner request additional GRFA. As of September I P I will be traveling. If you think that this deal may occur before October 1" I could leave the funds with my attorney Fred Otto. Fred may act for me if I am unavailable. His number in Eagle Vail is 949-5380. Good lucid with this project and the acquisition of other open spaces. 5ircerely, Claudia Dulude 3916 Lupine Dr. Vail, CO 81657 476-8505 Tel 476-5885 Fax cdulude@vail.net 4- MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 28, 2000 SUBJECT: A request for a worksession to discuss a minor subdivision to allow for the reconfiguration and replatting of two existing lots and the rezoning of Lot 16, Bighorn 2nd Addition, from Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning of Tract A to Natural Area Preservation District, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2nd Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruther 1. DESCRIPTION OF THE REQUESTS The applicant, the Wilson Family Trust, represented by Jay Tschirner, of First Land Development, L.L.C., has submitted two development review applications to the Town of Vail Community Development Department. The applications are for the resubdivision and rezoning of two lots in East Vail. A. MINOR SUBDIVISION The applicant is proposing a minor subdivision to resubdivide Lots 15 & 16 in the Bighorn Subdivision, Second Addition. These lots are located at 3886 and 3896 Lupine Drive. The purpose of the resubdivision is to create two new lots, each approximately 1.2 acres in size and to establish a tract of land 2.4 acres in size to be dedicated to a third party (i.e., TOV, USFS, Eagle Valley Land Trust). The creation of the two reconfigured lots will be accomplished by vacating the existing property line between existing Lots 15 & 16 and replatting two new property lines. A copy of the proposed plat has been attached for reference. B. REZON[1NG The applicant is proposing to rezone Lots 15 & 16, Bighorn Subdivision, Second Addition. According to the Official Town of Vail Zoning Map, Lot 15 is zoned Two Family Primary/Secondary Residential and Lot 16 is zoned Agricultural & Open Space. The applicant is proposing to rezone Lot 16 to Two Family Primary/Secondary Residential and to rezone the newly created, undevelopable tract (Tract A) of land to Natural Area Preservation District. 1 TOWN OF VAIL ~Y I1. STAFF RECOMMENDATION As this is a worksession, the Community Development Department will not be making formal recommendation to the Planning & Environmental Commission at this time. We will provide a formal recommendation at the time of final review of the request. A final review of this request is tentatively scheduled for Monday, September 11, 2000. While we are not prepared to make a final recommendation at this time, staff recommends that the applicant, neighbors and Commission explore alternatives to the present proposal. Staff suggests that the applicant revises the current proposal to come into greater compliance with existing development conditions and to reduce any potential negative impacts on the neighborhood and community. A. MINOR SUBDIVISION B. REZONING III. BACKGROUND The Bighorn Subdivision Second Addition was platted on July 22, 1963. The platting was approved by the Board of County Commissioners of Eagle County as the property was then under Eagle County jurisdiction. Lots 15 & 16 have remained in the current configuration since their original platting. The Bighorn Subdivision Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon annexation into the Town of Vail, Lots 15 & 16 were zoned Two Family Primary/Secondary Residential.. Lot 15 remains to be zoned Two Family Primary/Secondary Residential. Lot 16 has been rezoned. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study geologically sensitive areas were defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977. In 1977, Lot 16, Bighorn Subdivision Second Addition was rezoned. The lot was rezoned to Agriculture & Open Space from Two Family Primary/Secondary Residential. The request for the rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson.. According to the information in the Town's file, the reason the rezoning was requested was because a restriction had been placed on the warranty deed dated September 1, 1972, prohibited habitable structures being built on Lot 16 for a period of twenty years (September 1, 1992). In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations are to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; 2 to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the,Town of Vail adopted the Town of Vail Land Use Plan. Similar to the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 15 & 16 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Town of Vail adopted the Comprehensive Open Lands Plan. The objectives of the plan are: To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; To prioritize available open lands for acquisition or protection; To identify creative strategies to implement the acquisition and protection program; To define a management system to appropriately manage Town-owned open space lands, and; To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions are recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: o Protect sensitive natural habitat areas, riparian areas, and hazard areas; Extend the Vail Trail to East Vail and add several trailheads to access the trail; Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot 16, Bighorm Subdivision Second Addition as "Parcel 41" for implementation purposes. Parcel 41 is 3 r classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. The plan also notes that Parcel 41 is located in a geologically sensitive area. Strategies for protecting Parcel 41 include acquisition through a fee simple purchase, purchasing the development rights, and/or acquiring an access easement through the parcel. As a high priority classification, Parcel 41 meets both Level One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the USFS, low management requirements on the Town of Vail and low liability to the Town. In 1995, the Town of Vail Community Development Department sent correspondence to the owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of interest of the property owner to sell Parcel 41 to the Town of Vail. The property owner expressed no interest and no further communications have taken place. The Town of Vail has never made a formal written offer to purchase Parcel 41. Research into the Town of Vail Zoning Map indicates that there are twenty properties in the Town of Vail zoned Agricultural & Open Space. Of these twenty properties seven are privately owned. The other thirteen properties are either publicly owned (TOV/USFS), owned by Vail Associates and restricted as dedicated open space as part of the original subdivision, or owned in common by a homeowner's association and restricted as dedicated open space. Of the seven privately owned properties, three are legally platted subdivisions. One of the legally platted properties is Lot 16. The Town of Vail Zoning Code prescribes the land development regulations for development within the Town. The following code sections are particularly relevant to the evaluation of the applicant's proposal. Chapter 6 - Single-Family Residential Chapter 6 - Two-Family Primary/Secondary Residential Chapter 8 -Agricultural & Open Space Chapter 21 - Hazard Regulations Copies of each of the code sections listed above have been attached for reference. IV. ZONING ANALYSIS The purpose of the Zoning Analysis is to provide a written comparison of the existing development rights of Lots 15 & 16. The analysis also provides a comparison of the lot sizes, allowable GRFA, and geologic hazards associated with other properties in the same neighborhood. 4 I LOT 15, BIGHORN SUBDIVISION SECOND ADDITION (Primary/Secondary Residential) EXISTING PROPOSED Lot Size: 83,653 sq. ft. sq. ft. Density: 2 DU + 1 Type II EHU 2 DU + 1 Type II EHU GRFA: 7,933 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 500 sq. ft. (EHU) Site Coverage: 16,731 sq. ft. sq. ft. (20%) Setbacks: Front -20 ft. Same Sides-15 ft. Rear- 15ft. Landscape Area: 50,192 sq. ft. sq. ft. (60%) Building Height: 33' maximum Same LOT 16, BIGHORN SUBDIVISION SECOND ADDITION (Agricultural & Open Space) EXISTING PROPOSED Lot Size: 125,797 sq. ft. sq. ft. Density: 1 DU + 1 Type II EHU DU + 1 Type II EHU GRFA: 2,000 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 500 sq. ft. (EHU) Site Coverage: 6,289 sq. ft. sq. ft. (5%) Setbacks: Front -20 ft. Same Sides-15 ft. Rear- 15ft. Landscape Area: N/A Same Building Height: 33' maximum Same V. MINOR SUBDIVISION CRITERIA 5 A basic premise of subdivision regulations is that the minimum standards for the creation of a new lot must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Municipal Code. A. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: Staff Response: Frontage: Staff Response: Dimension: Staff Response: B. The second set of criteria to be considered with a Minor Subdivision application, as outlined in the subdivision regulations, is: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. The Specific Purpose of the Subdivision Regulations is as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. Staff Response: 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff Response: 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: 6 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Staff Response: VI. REZONING CRITERIA The Planning & Environmental Commission shall make the following findings before recommending approval of a zone change request: 1) Is the existing zoning suitable with the existing land use on the site and adjacent land uses? Staff Response: 2) Is the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives? Staff Response: 3) Does the rezoning provide for the growth of an orderly viable community? Staff Response: 4) Is the change consistent with the Land Use Plan? Staff Response: 7 Chapter II of the Vail Land Use Plan outlines numerous goals and policies for the development of land in the Town. The goals and policies reflect the desires of the community as expressed during a series of public meetings that were held throughout the development of the plan (1990). These goals are to be used as adopted policy guidelines in the review process of new development proposals. The following is a list of goals and policies of the Land Use Plan staff believes are relevant to the proposed minor subdivision and rezoning requests: 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. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). Skier/Tourist Concerns 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 8 08/22/00 TUE 09:56 FAX 1 707 785 1965 STEWARTS 10002 Aug-22-00 09:26A Colov-ado Speakers 6uv eau 970 476 OSOS P-01 PUBLIC PETITION - - we request that t-r,-. Mail Town Council and Planning and Envin,nmental Commission deny the application of Developer, Henry Jay Tschirner, and Property owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot 16, Bighorn, 2nd Addition, from Open Space en Primary/Secondary Development. 1) Whams, the !fail Open Lands Plan has designated lot 16 as in Parcel 41, the "Highest PriodW' In the preservation of open space in Vail; 2) Whereas, the bail Open Lands Plan states its objective "is to protect natural, open spate and preserve the'mountain experience"." 3) Whereas, the VaH Open Lends Plan states that the Alan protects open spaces which provide a "recreational, environmental, and visual resource". THiE ,ICE VEGOROUSLY OBJECT TO THE SUBD ON OF LOT k5 AND THE RIEZONING OF LOT 16 FROM OPEN SPACE TO PRX( RY/'STECONDARY HOUSING. The Undersigned: Printed Name Address Signature Date T~L 2. o?oz vc~ 00K OIL' a 9 /&1;- - t /-lobo f f .z/ 1Sj a c~~a~o d s- (J vv & hc-cn &hc, PO 0-4-X-,911173 Vii, 0, GD ~~a10v r. 1/6 07 8. - - - - - - - - PUBLI GPETITION RE-: East Vail Waterfall _ C We request that the Vail Town Council and Planning and Environmental Commission deny the application of Developer, Henry Jay Tschimer, and Property Owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot 16, Bighorn, 2"d Addition, from Open Space to Primary/Secondary Development. 1) Whereas, the Vail Open Lands Plan has designated lot 16 as in Parcel 41, the "Highest Priority" in the preservation of open space in Vail; 2) Whereas, the Vail Open Lands Plan states its objective "is to protect natural, open space and preserve the "mountain experience'." 3) Whereas, the Vail Open Lands Plan states that the Plan protects open spaces which provide a 'recreational, environmental, and visual resource". THEREFORE, WE VIGOROUSLY OBJECT TO THE SUBDIVISION OF LOT 15 AND THE REZONING OF LOT 16 FROM OPEN SPACE TO PRIMARY/SECONDARY HOUSING. The Undersigned: Printed Name Address Signature Date O 4 L Z- o s 3- 1 4. 5~ 411A GEC,' f a v ~W y~ .r - 8- JJ 9. - i` r q il~s 12. ~~T ~I,.j-e~?~~>.' ~ rya ew 13. r4 f~ 14. 15. ' r c 13C-3 2. fr;~ o 6/1'17 f9i _ /)II , z1O0 16. 17. 18 .7 gx/d~,, 26. 70 Ilk, 67 X22. 23. _.s 2 4. 25. C C 26. 27. / 28. 30. 32.E f j' / `v` 1,cJ /j !/Z- : / j ~Y,>~J C ~v 1-D7; r+C / V l of t tf 33. W4 Q { I a Cv 6, 35Z } 6, f 37. 38. r„ V 1<71 _ - - 1 t1 39. ~71 - ~ ] 1 g •'1 ~ 1 ~ 1; ,i,I ~J rl `j' V !k. - m _ 40. -7 41. 42- 1. 43. 45. 46. jam... r 3 l l j 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. Dear Galen, As Chairman of the Planning and Environmental Commission, there are two requests that we East Vail residents have pertaining to the August 28th meeting. 1) We would like 3 minutes per family to present our views. 2) We would appreciate a question and answer time. 3) We would like to submit the attached example petition on Monday as we would like to accumulate the signatures of our weekend residents. Thank you for your consideration. We are having a meeting Saturday morning in East Vail. If you have any direction it would also be appreciated. Please call Bill Stewart at 476-4316. Sincerely, Concerned East Vail Residents > PUBLIC PETITION We request that the Vail Town Council and Planning and Environmental Commission deny the application of Developer, Henry Jay Tschimer, and Property Owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot 16, Bighorn, a Addition, from Open Space to Primary/Secondary Development. 1) Whereas, the Vail Open Lands Plan has designated lot 16 as in Parcel 41, the "Highest Priority" in the preservation of open space in Vail; 2) Where the Vail Open Lands Plan states its objective "is to protect natural, open sie and preserve the `mountain experience'." 3) Whereas, the Vail Open Lands Plan states that the Plan protects open spaces which provide a "recreational, environmental, and visual resource". THEREFORE, WE VIGOROUSLY 083Wr TO THE SUBDIVISION OF LOT 15 AND THE REZONING OF LOT iS FROM OPEN SPACE TO PRIMARY/SECONDARY HOUSING. The Undersigned: Printed Name Address Signature Date 1.~1a~;ctti~ 1)uluAf 'M 1(o -1-00 tin ~ J August 14, 2000 Doug Cahill Planning and Environmental Commission Municipal Bldg. 75 S. Frontage Road Vail, CO 81657 Dear Mr. Cahill: You are probably aware that the Vail Planning and Environmental Commission meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the Bighorn 2d addition in East Vail. These lots are directly below the waterfall on Lupine Drive. As you know, the waterfall is one of the more scenic attractions in the Vail Valley, visual from 1-70, Bighorn Road and Lupine Drive. Hundreds of people every year stop on Lupine Drive to photo the falls or climb to its base. Lot 16 is currently zoned open space / agricultural, and the applicants proposal is to change the classification and re-plat the two lots to allow the construction of four housing units, which would effectively block the view of the falls. In addition, the area is classified by the Town as being within a high hazard zone for rock falls, snow slides, and mudslides. Any construction to mitigate these hazards would almost certainly affect the adjacent property owners. Also, drainage from the falls creates a wetlands issue on the two lots. In view of the Town's commitment to open space, there would seem to be no valid reason to change the zoning of lot 16 to allow construction of housing units. I urge you to become involved in this issue so that a decision is made that is in the best interest of the Town of Vail and its visitors. Signed, r- Neil Muncaster RECD AU G 212000 August 14, 2000 Diane Golden Planning and Environmental Commission Municipal Bldg. 75 S. Frontage Road Vail, CO 81657 Dear Ms Golden: You are probably aware that the Vail Planning and Environmental Commission meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the Bighorn 2d addition in East Vail. These lots are directly below the waterfall can Lupine Drive. As you know, the waterfall is one of the more scenic attractions in the Vail Valley, visual from 1-70, Bighorn Road and Lupine Drive. Hundreds of people, every year stop on Lupine Drive to photo the falls or climb to its base. Lot 16 is currently zoned open space / agricultural, and the applicants proposal is to change the classification and re-plat the two lots to allow the construction of four housing units, which would effectively block the view of the falls. In addition, the area is classified by the Town as being within a high hazard zone for rock falls, snow slides, and mudslides. Any construction to mitigate these hazards would almost certainly affect the adjacent property owners. Also, drainage from the falls creates a wetlands issue on the two lots. In view of the Town's commitment to open space, there would seem to be no valid reason to change the zoning of lot 16 to allow construction of housing units. I urge you to become involved in this issue so that a decision is made that is in the best interest of the Town of Vail and its visitors. Signed, Neil Muncaster RECD AUG 2 2 2000 Planning and Environmental Commission August 21, 2000 Town of Vail Dear Commissioners Aasland, Doyon„ Scholheld, Golden, Cahill, Bernhardt and Weber: We object to the rezoning of Lot 16 and the Subdivision of Lot 15. We are adjacent property owners. We ask you to deny the applications in front of you on the 28th of August. A vote yes is a desecration of open space in Vail. George Ruther's semantics on Open Space are null and void. Open Space is open space regardless of who owns it. Please consider: 1) This was downzoned more that twenty years ago at the request of the current owner, Martha Wilson and the Wilson Family. The taxes paid on Lot 16 are $134/year. The application for the initial downzoning is attached. It states "This is the waterfall area in Bighorn and the lot is right on the slide area". Hopefully this is not a case of tax fraud, but then what is it? 2) Art Mears states in the letter attached dated 9/6/79 that "building be avoided on Lots 15 and 16." The W91sons' and Mears negotiated the downzoning 25 years ago and now are asking for upzoning? Has the hazard changed? Or the money? And can you make a decision on only one paid consultant? 3) According to the Vail Open Lands Plan Lot 16 is the "highest priority" for preservation. George Ruther entered negotiations with the Wilsons and made an offer. We request disclosure on the offer and the terms involved in Ruther's current negotiations. We believe that the Town of VaH has an obligation to Wll the provisions of the Open Lands Plana 4) According to Town of Vail Hazard Regulations any development must prove without a doubt that there is "not (an) increase in the hazard to other properties and structures" before a subdivision is approved. We have not been satisfied that there is any work done concerning the safety of our property and family. 5) This is a severe geological hazard and geographically sensitive area with avalanche danger, rock slides, debris, wetlands protected by the Clean Water Act of 1972. The Town Hazard regulations require that there is "clear and convincing evidence" that the property should not be considered geographically sensitive. Since only the developer has provided data, by the same engineer with a different story every twenty years we do not consider it accurate nor obviously objective, and do not think a legal interpretation would be that the geologic report is in any way ""clear and convincing evidence 6) We spent hundreds of thousands of dollars upgrading our home and views per town hazard reports and are shocked that the reports could be changed on the whim of Community Development. Page Two August 21, 2000 Dulude/Sim Comment As you review these applications please also consider: (a) Requesting a bond as specified in 12-21-17 "Requirement of Bond" for $50,000 to "ensure that the reports and requirements are completed and compiled." (b) Requesting disclosure on "'intent" from the Town of Vail Community Development, the Developer, Jay Tschirner, the Owner, the Wilson Family Trust, and the Broker, Jo Ellen Nash. Thank you for your consideration and please vote no on the applications noted above. Sincerely, Claudia D Jude & Dalton Sim 3916 Lupine Dr., Vail, CO PS: Please note as we file this letter on 8/25/00 at noon that we have not been notified as to the recommendation of Community Development and have not been provided time to respond. ARTHUR MEARS, P.E. r NATURAL HAZARDS CONSULTANT l J 712 East Gothic Avenue Gunnison, Colorado 81230 (303)6!1.3236 i September 6, 1979 Mr. Hillis Akin Box 5502 Snowmass Resort, Co 81615 Dear Mr. Akin: At your request I conducted a preliminary field appraisal of the snow avalanche hazard to Lots 15 an (-,Bi--horn Siahrl~ vl-.i nn Addition., on September 5, 1979• These two lots are affected by design-magnitude avalanches in the 'Waterfall" avalanche path and are included in an ava- lanche influence zone by the Town of Vail. As a result of my inspection I offer the following general comments regarding the Waterfall avalanthe and the effects of this avalanche to Lots 15 and 16. However, these comments should be considered to be tentative and possibly subject to revision in the event that a detailed study of the avalanche is conducted. The Waterfall Avalanche During very severe and infrequent conditions large dry slab avalanches will release from large steep areas generally above 10,200 feet elevation in the upper portions of the avalanche path, and will flow down the intermit tend stream course that produces the waterfall. A portion of the avalanche mass will stop above the cliff bands in the forest, but a portion will also fall over the cliffs, entrain air, and probably reach Gore Creek. Nearly all of Lot 16 and the eastern portion of Lot 15 will be covered by such an avalanche. The resulting impact pressures, although not computed through a consideration of -the avalanche dynamics, would most likely be well in excess of those for which buildings are usually designed, and may place Lot 16 entirely within a "high hazard zone." Wet snow avalanches will also occur and will affect Lot 16, but because of their lesser velocities can be deflected to the west to-affect the western portion of Lot 15. Thus major avalanches will probably affect all of Lot 16 and most of Lot 15. Recommendations I concur with the Vail avalanche zoning map and recommend that building be avoided on Lots 15 and lb. Altriough it is possible that some portion of these pots would-be classified as "moderate hazard," thus-allowing-specially- designed buildings, the boundaries of the mode; bazaar Tle cannot be determined without a detailed study of the avalanche topography and dynamics. We appreciate the fact that you have considered potential avalanche hazard in your assessment of this property and hope to have the chance to work with you in the future. Sincerely, 04 ~,t~o N at4 cc: Jim Rubin Arthur L. Mears, FE Avalanche Dynamics, Defense. Zoning 0 Mountain Torrent Analysis 0 Slope Stability f~1'i'1.III~N I'ii' V AttIAH"',( CUldit(l Illil/~l_ 11'~I !'1=1:;11'{ P, ~ I f c u i r: _ ; ~ ~f/ ~ t1 I . c ~J ! i . • r, D., r ~ - _7 J t o r I'._` i s7 r; t r i n ~-itin '`n' > /.Gs/_!PG G~/r'!?~iL `c.tf~ ~~S_ G: c -lip C7 t; i1F: ^.-"j re '^UESi v c, ?f rh E... t7'=iJr IfIC IflLnniv ~.C?!': C:l f':.I cn !~•^L^St hr: YG IG:•. rl - (ron i na CI arr~e T ornjlfclJ.R u: J s to i n rle . for thz- ic,r:inc cfescr/i.. r-, 0ro._:, Cleo! S,,:ie porn-, sr!d :ni"n of tt!1 i. 1. n Ile- do C,(,; i' lc i-l hard_.,,i p r! 1 ~ ..1 mpt t ' i i i 1 C)* - - - - - W-D V ~ - - pc-'~--cam..,.` is i~ - ------%!-~liL/jt~'!'t.~~L~c c?ra2e~e.'~iJ S- ---~.vz~e~ '~'LG_ 'L ~ ~ -0~ .a. _ /,!/GB?vG- ~ ~ ~ ~~~p2.c~ f~ Cc.o ,S /j0-llka~- eq~ ell- ~p v,( _~~~r~_. ~fDy~ee.o- _ lam- ~;-.e- _ ® ~ _ • ~ ~ G~~~o~c.4.~ o ~-0-~ u u-~ air 2Q ~~2/~i0__ Q/1011 ~ C' a ~ - rQ ,J, ~?~J~.I..V~~ ~V~ ~SL3.q ' t.~M• ~Q.( 9../~~ /Y uP1 ~g/N~C~it/~w n \N~lt ~vl.~.~G.~.. ~ n J o August 24, 2000 Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Members of the Commission, Mrs. Stevenson and I are homeowners residing at 3987B Lupine Dr. for the last nine years. We have been advised by public notice of the application to rezone and subdivide Lots 15 and 16 located at 3886/3896 Lupine Dr. We want to urge you to reject this application. This property is in a high hazard zone for rock falls, snow slides and mud slides. In addition, it is our understanding that part of this property falls within the red zone and other parts in the blue zone. It is not apparent to us that even with mitigation that such large units could be built without effecting us and other property owners. We also believe that there could be a wetlands issue resulting from drainage from the falls. We would also appeal to the commission on the broader issue of maintaining your commitment to open space. This area is one of the most scenic visual sites within Vail and is enjoyed by many hundreds of residents and visitors for photography and hikes to the base of the falls. Allowing a rezoning and reconfiguration to build two monstrous primary/secondary structures blocking this pristine view seems unnecessary and not in the spirit of supporting an open space obligation. This position is supported by many other Vail residents who may not have written to you on this matter. We are convinced that this request is not in the best interests of the TOV or its residents and once again request the application being denied. Sincerely, Mark Stevenson Maureen Stevenson Cc: George Ruther Pwathmey • Schultz ANDREW BLUMETT~, MA ACADEMIC: Bachelor of Architecture New Jersey Institute of Technology, 1989 RESTORE Certification, 1994 Intensive 12-week course in Building Preservation & Restoration AFFILIATIONS: American Institute of Architects PROFESSIONAL EXPERIENCE: Present Gwathmey Pratt Architects, P.C. - Vail, Colorado 1991 -1995 SBLM Architects, P.C. - New York, New York 1990-1991 SLM & Associates, P.C. - New York, New York 1988 - 1990 Y.B. Tomm, A.I.A., Lyndhurst, New Jersey PROJECT EXPERIENCE: WOLFE RESIDENCE Single family home in Mountain Star, Avon, Colorado BLUE RESIDENCE Single family home in Bachelor Gulch, Colorado WADDILL RESIDENCE Single family home in Beaver Creek, Colorado EAGLE RIVER ENCLAVE 28 condominium units along the Eagle River in Minturn, Colorado MILMO RESIDENCE Single family home along the Golf Course at Beaver Creek, Colorado COOK RESIDENCE Single family home in Strawberry Park at Beaver Creek Colorado TRINITY BUILDING Project Manager, Phase II - exterior restoration New York, New York THE WOOLWORTH BUILDING Restoration and on-going maintenance program New York, New York BARNES & NOBLE BOOKSELLERS Design/layout of new national retail chain ANDREW BLUMETTI 1875-B SUNBURST DRIVE VAIL, COLORADO 81657 H 970-476-7609 W 970-476-1147 September 11, 2000 Town Council Members Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Application to DRIB Dear Sirs and Madams: I, respectfully submit for your consideration this letter, along with a Resume, as a formal application to serve on the Town of Vail Design Review Board. I am a 3 year resident of Vail presently employed as a Project Architect with the firm of Gwathmey Pratt Schultz Architects, P.C. As a resident involved with the local Design/Construction industry I feel I will bring experience and knowledge that will prove a benefit to the DRB. Along with almost 15 years of combined experience in architecture and construction I have also sat on Design Juries at New Jersey Institute of Technology. I hope you will find my credentials appropriate and will seriously consider me to fill the vacant position presently available. If you should have any questions or comments please do not hesitate to call. Sincerely, / - Andrew Blumetti cc: Mr. Bob McLaurin; TOV Town Manager Files Y y ORDINANCE N0.24 SERIES OF 2000 AN ORDINANCE AMENDING SECTION 12-11-4 (DESIGN REVIEW, MATERIALS TO BE SUBMITTED; PROCEDURES), SECTION 12-15-4 (INTERIOR CONVERSIONS, PROCESS), SECTION 12-15-5 (ADDITIONAL GROSS RESIDENTIAL FLOOR AREA; 250) AND ADOPTING SECTION 12-16-2(H) (CONDITIONAL USE PERMIT, APPLICATION, CONTENTS), SECTION 12-17-2(G) (VARIANCES, APPLICATION INFORMATION REQUIRED), TO ADD THE REQUIREMENT FOR CO-OWNER SIGNATURES ON DEVELOPMENT REVIEW APPLICATIONS OR WRITTEN LETTERS OF APPROVAL TO BE SUBMITTED TO THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the purpose of this ordinance is to codify the requirement for co-owner signatures on development review applications or written letters of approval; and WHEREAS, on September 5, 2000, the Vail Town Council held a worksession meeting to discuss the need for co-owner signatures and has directed staff to prepare this ordinance; and WHEREAS, the Vail Town Council has found that there is a need for co-owner signatures on development review applications or written letters of approval to insure the reasonable and equitable implementation of land use regulations on properties with more than one owner; and WHEREAS, the Planning & Environmental Commission and the Design Review Board have discussed the need for the co-owner signature requirement on development review applications or written letter of approval and support this ordinance; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt this ordinance and require co-owner signatures on development review applications or written letters of approval. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Puroose of the Ordinance The purpose of Ordinance No. 24, Series of 2000, is to amend Sections 12-11-4(B)(1) (d) & (C)(1)(1), 12-15-4(D), 12-15-5(I), and adopt 12-16-2(H), and 12-17-2(G) to add the requirement for co-owner signatures on development review applications or written letter of approval. Section 2. Prooosed Amendments The following sections of the Vail Town Code are amended and/or adopted and shall read as follows: Note: (Revised language shown in BOLD) Section 12-11-4(B)(1)(d): Application form. If the property is owned in common (condominium) or jointly with other property owners such as driveways or "C" parcels in duplex subdivisions, by 1 Ordinance 24, Series of 2000 way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 12-11-4(C)MM: Application form and appropriate fee. If the property is owned in common (condominium) or jointly with other property owners such as driveways or "C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 12-15-4 (D): Process: Applications shall be made to the Department of Community Development staff on forms provided by the Department. Applications for interior conversions to single-family, two-family, primary/secondary or multi-family dwelling units located in a Special Development District (SDD) pursuant to this Section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in common or jointly with other property owners such as driveways or "C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature r on the application. The planning staff will review the application to ensure the proposed addition complies with all the provisions of the interior conversion section. Section 12-15-5(D)(1): Application shall be made on forms provide by the Department of Community Development. If the property is owned in common (condominium association) or jointly with other property owners such as driveways or "C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. b. Information and plans as set forth and required by subsection 12-11-4C of this Title. c. Any other applicable information required by the Department of Community Development to satisfy the criteria outlined in this Section. Section 12-16-2(H): If the property is owned in common (condominium association) or jointly 2 Ordinance 24, Series of 2000 y b with other property owners such as driveways or "C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 12-17-2(G): If the property is owned in common (condominium association) or jointly with other property owners such as driveways or "C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2000, and a public hearing for second reading of this Ordinance set for the 3rd day of October, 2000, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 3 Ordinance 24, Series of 2000 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of October, 2000. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 Ordinance 24, Series of 2000 e MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 19, 2000 SUBJECT: A Town Council call-up of the Design Review Board's denial of a deck expansion, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs This item was tabled by the Town Council at the September 12, 2000 worksession. Council requested a revised plan. This plan will be presented at the September 19, 2000 worksession. Please refer to the attached memo from the September 12, 2000 meeting for additional information. 1 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 12, 2000 SUBJECT: A Town Council call-up of the Design Review Board's denial of a deck expansion, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs 1. BACKGROUND AND DESCRIPTION OF THE REQUEST According to the Town of Vail Development Standards Handbook the Design Review Board is: The body responsible for reviewing development proposals in the Town of Vail. The Design Review Board focuses on evaluating projects based on the Town Code, Master Plans and the Design Standards as set forth in the Town Code, including architectural design, site planning, landscaping, site disturbance, etc. On May 15, 2000, an application was received for a conditional use permit to allow for the addition of a deck to the Tap Room, located at 333 Hanson Ranch Rd. An outdoor dining deck is a conditional use in the CC1 Zone District. The deck extended beyond the property line of the Vista Bahn Building, onto Vail Associates property zoned Agriculture and Open Space. Vail Associates allowed the encroachment through an easement. The deck also extended onto the Town of Vail stream tract. On June 12, the Planning and Environmental Commission reviewed the Conditional Use Permit. The Planning and Environmental Commission had concerns about the effect of the use on adjacent residential uses and its proximity to an adjacent private deck. The request was tabled, with direction from the Planning and Environmental Commission to investigate providing more of a buffer to adjacent properties and to go to the Design Review Board for a conceptual review on the design of the deck. On June 21, 2000, the Design Review Board conceptually reviewed the deck expansion. The following were their major concerns: 1. The deck will create a dark and uninviting space for the pedestrian flow that was intended with the original building design. 2. The board generally felt that the angles of the deck were out of character with the existing building. Instead, the board felt that they would be more TOW*YAIL 1 i supportive of expanding the existing decks and opening up the restaurant more to the outside. 3. The board felt that the deck would create a dark, wet entrance to the ski lockers. They also felt that the proposed head height created would not be conducive to people carrying skis. 4. The board felt that using up all of the available space was not an elegant solution. The proposed deck introduced a vocabulary unfamiliar to the existing building. 5. The board also expressed concerns about the proximity of the deck to the adjacent residential use. These concerns were forwarded to the Planning and Environmental Commission at the July 10, 2000 meeting. At the July 10, 2000, Planning and Environmental Commission hearing, the Planning and Environmental Commission approved the Conditional Use Permit for the outdoor dining deck with the condition that the deck would go no further than the western portion of the stucco pilaster (see attached plan). The Planning and Environmental Commission also noted that the Design Review Board would review the architectural elements of the application, as the Planning and Environmental Commission's role was to focus on the use. The staff memorandum and minutes of the Planning and Environmental Commission meeting have been attached for reference. When the applicant returned to the Design Review Board meeting on August 2, 2000, the applicant had not addressed any of the concerns of the Design Review Board that had been discussed at the conceptual review. A motion was made to approve the deck addition, and a tie vote resulted. A tie vote is equivalent to a denial. The denial was then called-up by the Town Council. Though the call-up was originally scheduled for September 5th, the item was tabled to the September 12th Town Council meeting. Following the Town Council call-up, the applicant submitted an appeal of the Design Review Board decision. Their statement of appeal is attached for reference. II. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council uphold the Design Review Board's denial of the proposed deck expansion subject to the following findings: 1. That the addition does not meet the intent of the guidelines as established by Section 12-11-5 (Design Guidelines) of the Town Code and outlined in Section III of this memorandum. 2. That the deck addition does not meet the intent of the guidelines as established by the Vail Village Urban Design Guide Plan and as outlined in Section III of this memorandum. 2 III. APPLICABLE DESIGN GUIDELINES Design Guidelines: 1. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. Staff Response: The Design Review Board and staff believe that the proposed deck is out of context with the existing structure. The deck is out of scale with the existing decks and balconies. The Design Review Board specifically felt that the angles of the deck were out of character with the existing building. The proposal does not meet the intent of the Design Guidelines. Urban Design Guide Plan: 1. Pedestrianization - A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant, pedestrian ways. Staff Response: The Design Review Board and staff believe that the deck creates an uninviting pedestrian space. The deck creates a very dark entrance to the ski lockers, and fails to maintain the openness of the pedestrian path around the east side of the building. The proposal does not meet the intent of the Urban Design Guide Plan with regards to pedestrianization. 2. Decks and Patios - Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street - making a richer pedestrian experience than if those streets were empty. Decks and patios should be sited and designed with due consideration to: sun, wind, views, pedestrian activities. Staff Response: The Design Review Board and staff believe that while this is an appropriate location for a deck, the deck must also be properly designed and sited. The.current proposal is out ofcontext with the architecture of the existing building, creates an uninviting pedestrian experience, and severely darkens and spoils the entrance to the ski lockers. The head height created by the deck makes it difficult for pedestrians carrying skis to pass through. The proposal does not meet the intent of the Urban Design Guide Plan with regards to decks and patios. Vail Village Master Plan Goal 1: Encourage high quality redevelopment while preserving the unique architectural scale of the village in order to sustain its sense of community and identity. Staff Response: The Design Review Board and staff believe that the deck is out of character with the existing architecture of the Vista Bahn Building. The proposal does not meet the intent of Goal 1 of the Vail Village Master Plan. Goal 2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. 2.4 Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 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. 2.4.2 Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Staff Resaonse: While staff believes that the use of the deck meets the above objectives and policies of Goal 2, staff does not believe that these over-ride the importance of the architectural considerations of the Vail Village Master Plan as stated in the Vail Village Urban Design Guide Plan. Goal 3: To recognize as a top priority the enhancement of the walking experience throughout the Village 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Develop additional sidewalks, pedestrian-only walkways, and accessible green space areas, including pocket parks and stream access. 3.4.1 Physical improvements to property adjacent to stream tracts shall not further restrict public access. Staff Resaonse: While staff believes that the above objectives and priorities are applicable to the proposed deck addition, staff believes that proper siting and design are integral to any development. The Design Review Board and staff feel that the current proposal does not meet the intent of Goal 3 of the Vail Village Master Plan. Intent of original design (from the original application to the Town of Vail) "The creation and enhancement of the Mill Creek area as an important connector link will alleviate skier congestion at peak hours on the west side of the Golden Peak House. The opportunities to direct pedestrians along the Mill Creek improvements will assist in improving the aesthetics in these strategic areas." Staff Response: As part of the original design concept of the Vista Bahn Building, the architect described the importance of the pedestrian link from the ski yard, around the eastern portion of the building along Mill Creek. The Design Review Board and staff believe that the deck is in direct contrast to the original design concept as specified by the original architects of the building. The proposal does not meet the intent of the original design, as specified by the architects. 4 Vii( 'U)1'1 tI ~iI 1 i NEW DECK LINE I 1 ' EyiajT O rr', h ~ Y II~ 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2000 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 1St Filing. Applicant: Remonov and Company Planner: Allison Ochs 1. DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 1St. The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. II. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. ' TOWN OF VAIL 1 Should the Planning and Environmental Commission choose to approve this conditional use permit, staff recommends the following condition: 1. That the proposed deck encroachment is entirely removed from the Town of Vail Stream Tract or resolved with the Town Attorney prior to Design Review Board approval. III. ROLES OF THE REVIEWING BOARDS Plannina and Environmental Commission. The Planning and Environmental Commission is responsible for evaluating this conditional use permit application fora 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian, safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board: The Design Review Board is responsible for evaluating the Design Review application for 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal/Preservation of trees and native vegetation 5. Adequate provision for snow storage on-site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks IV. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: 2 A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposal will have minimal, if any, negative impacts on the above-described criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes there will be minimal, if any, negative impacts on the above-described criteria 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Planning and Environmental Commission shall make the followina findinas before arantina a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 4 .r Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is r contacting owners to resolve any issues. Positive impacts are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. e - I5WDGE STREET LODGE ( v /TO STA 0a, uU LGOUe f e ]n e' a xsr yl V log . BidIR K 81nJ¢ I ` LP w ffid ro f s+a ~N lit DMPYa TRACT E I I1J1 / ~ ~ ~ DMPtl n 1 a ~ 2Cu a l Imo-JI~~ w i ~~ro ewrr.a ~ ~ ~ 'ZIP ~ MATERIALS: ? fu DEM TCU H O BTAMFM CITE TWlA LF VAiL TO MATCH ExICTR4's RAIL, CEDAR TO MATC44 EXISTw. 1J UNDER: / _ T4G NEW RAILMG TO MATCH EXISTNG rQQ. ~ ~ 981m DM 74 AAlL Qf 1 t H4T 00 I I I ~ 65dlf ~ 1 I SSS 1 it Le.L+~ 1..u , RE 131AAJ J~ ; 1 Ift 1XI j1 ass ale I j I ,44.4 1, 5 5, f STONE WALL )ECKTO13E SUPPORTED ST'ONF.1t;AL1' II SIGN FOR 1 RANT EY STONE W1fL "TAP ROOM" (V_1.1'. 111-IGifFOF WALL) Approved June 26, 2000 PLANNING AND ENVIRONMENTAL COMMISSION June 12, 2000 Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Galen Aasland John Schofield George Ruther Chas Bernhardt Diane Golden Brent Wilson Brian Doyon Allison Ochs Doug Cahill Ann Kjerulf Tom Weber Judy Rodriguez Todd Oppenheimer Public Hearing 2:00 p.m. Galen Aasland called the meeting to order at 2:00 p.m. 1. Swearing in of PEC member Tom Weber - Lorelei Donaldson, Town Clerk. Galen Aasland mentioned that item #5 had been withdrawn. 2. A request for a conditional use permit to construct a Type II Employee Housing Unit, located at 2490 Bald Mountain Road/Lot 17, Block 2, Vail Village 131h Filing. Applicants: Mary & Sonny Caster, represented by Ben Aguilar Planner: Ann Kjerulf Ann Kjerulf gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. The applicant had nothing to add. Galen Aasland asked if the public had any comments. There were no public comments. Doug Cahill asked if there was an exit door from the garage to the EHU. Ben Aguilar said you would have to exit the garage and go outside to get to the EHU. Doug Cahill suggested an access door from the garage to the EHU. Tom Weber had no comments. Brian Doyon said he was concerned with Condition #2, reducing the curbcut. Ben Aguilar explained that the cut was reduced by 20'. Ann Kjerulf said the DRB made the condition part of their approval . Chas Bernhardt had no further comments. Galen Aasland asked if rents would be removed from the deed restriction. Planning and Environmental Commission 1 Minutes June 12, 2000 Approved June 26, 2000. Brent Wilson said the Town of Vail has no cap on rents. Brian Doyon made a motion for approval, in accordance with the staff memo. Doug Cahill seconded the motion. The motion passed by a vote of 5-0. 3. A request for a conditional use permit, to allow for the installation of wireless telecommunications rooftop antennas & a public service use within the Brandess Building, located at 2077 N. Frontage Road (Brandess Building)/Lot 39, Buffehr Creek. - Applicant: Jayne Brandess Revocable Trust Planner: Brent Wilson Brent Wilson gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. The applicant was not present. He then asked if there were any public comments. Charlie Clark, a resident of 29 Zermatt Lane, Unit H, stated that he didn't want the antennas to be huge. Brent Wilson explained the antennas and said they were 4' tall and quite small. He said the Design Review Board would address the aesthetics. Tom Weber said his only concern was that they should be concealed behind a louver and it should be part of the PEC approval. Galen Aasland asked how past applications were required to screen. Brent Wilson said we would have to be consistent with the Design Guidelines and we could forward that as a suggestion or condition. Brian Doyon agreed with enclosing the dumpster and the cupola, but said he was not in favor of bumping out and suggested re-angling with brackets painted to match. Chas Bernhardt asked staff who the applicant was. Brent Wilson said the applicant was the Brandess Building. Doug Cahill said he agreed on the screening and dumpster enclosure. Galen Aasland said the application was appropriate and complies with Town Zoning. Brian Doyon made a motion for approval, in accordance with the staff memo. Doug Cahill seconded the motion. The motion passed by a vote of 5-0. Chas Bernhardt asked if we shouldn't recommend the wingwall change to the DRB. Brian Doyon said we don't need more bulk and mass. Planning and Environmental Commission 2 Minutes June 12, 2000 Approved June 26, 2000 Brent Wilson said the PEC should suggest the bulk and mass be minimal and we should leave the screening to the DRB. 4. A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 1Si Filing. Applicant: Remonov and Company Planner: Allison Ochs Galen Aasland mentioned receiving a letter from Mr. Hughes that had been fedexed to the Town. He the disclosed, for the record, that while on a site visit, the applicant just showed him directions without influencing him. Allison Ochs gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. Tom Bonnie, from Knight Planning Services, said he became aware of the encroachment of the deck on some land and wanted to work out with the Town Attorney on an easement agreement. He then explained a rendering of the deck and the importance of the deck expansion. He said he was pleased with the interaction with the Town of Vail staff. Galen Aasland asked if there was any public comment. There were no public comments. Tom Moorhead said he was prepared to answer any questions about stream tract land. He said that the land was given to the Town of Vail within the last 3-4 years and was very restrictive. He said there was a provision for any improvements saying that Vail Resorts had to be a party to those improvements or they would take back the land and so Vail Resorts would decide the appropriateness . He said dining decks were an appropriate amenity and there were dining decks adjacent to private residences, but there were sound ordinances in place if it became disruptive. He then said anyone who owns residential property in CC1 should anticipate this activity. George Ruther gave the list of planning documents that encouraged the mix of lodges, commercial uses, etc. Tom Moorhead said various dining decks in the Town do have residential,in the building or adjacent to them. Brian Doyon asked if a decision on the conditional use would affect the agreement with Vail Resorts. Tom Moorhead said the applicant was willing to work with Vail Resorts. Doug Cahill said that there was an issue with a neighbor, having a private deck next to this adjoining deck. He said he would like the deck to be pulled back and suggested a solid screen. Tom Bonnie said he would like to put up a screen between the decks. Doug Cahill asked about the Tap Room bar activities. Planning and Environmental Commission 3 Minutes June 12, 2000 Approved June 26, 2000 Tom Bonnie said the Tap Room was moving into lunches everyday outside and hor's deurves into the evening until it was too cold outside. Doug Cahill said he could see the adjacent's concern with an overflow of a noisy bar, but not with dining. He said the stairs could be moved to the door on the west end. Tom Bonnie said they had tried to maximize the deck and still be within code and said they would love to move to the east closer to the residential unit on that side. Doug Cahill said to move the stair to line up with the door to the west making the existing deck come out to the property line. Tom Bonnie said there were main gas lines coming through and mentioned that the rise to run gets steeper and there would not be enough horizontal distance for the rise. Tom Weber said it was an appropriate spot for a deck. He said he was concerned with covering up the entrance and said, from an architectural standpoint, that he would rather see that deck move over than have a screen there. He said if there could be an agreement with the Town on Tract H, given that that tract was for recreational purposes, there would be an argument that this was the best place for the deck. He then suggested that the deck be pulled in a couple of feet from the neighboring deck. Brian Doyon said this was an appropriate use. He would like the pine trees to the east cut down for more sun. Chas Bernhardt said it was appropriate for the zone district. He said the adjacents were stuck with the use and he liked the idea of moving the deck away, but since it would cut the size of the deck down, he liked the idea of moving the staircase, which would give more usable space on the deck. He suggested set hours of 7a.m. to 7p.m., so there would not be late-night drinking hours. Tom Bonnie asked if it would be possible to extend the hours until 9:30 p.m. Chas Bernhardt said the applicant would need something to appease the neighbors and would like to see the deck moved with the stairway investigated. Tom Bonnie said he would like to figure out how to be good neighbors: Galen Aasland said this met the intent of the Town, but he recognized the conflict between the adjacent neighbor. He said he would like to see a reasonable buffer and as part of the condition of approval, there should be a reasonable separation. He stated that residential properties in the CC1 should recognize that a conditional use deck might go in. Brian Doyon made a motion for approval, in~accordance with the staff memo. The motion failed for lack of a second. Tom Weber said he would like to set a minimum distance between decks. Discussion ensued between Brian Doyon and Tom Weber. Galen Aasland said we needed to set some kind of reasonable separation and the PEC was entitled to ask for a reasonable buffer. Planning and Environmental. Commission 4 Minutes June 12, 2000 Approved June 26, 2000 Tom Bonnie asked if there were any guidelines for this separation, rather than being arbitrary. Galen Aasland said this was a conditional use permit, with conflicting interests. Tom Moorhead said Galen correctly defined it. Allison Ochs said the PEC could table this and propose a separation distance, or the PEC could set a separation distance. Brian Doyon said the DRB should take care of this and that the applicant should provide this to the DRB. Tom Weber said that one of the criteria for the PEC to address was light and air. Chas Bernhardt said the width of the staircase might be an adequate buffer. Doug Cahill agreed that it would be a substantial buffer. Rick Mueller said tabling this would not be advantageous to the applicant, as they wanted to catch some of the summer traffic. Tom Weber said it was the responsibility of the applicant to come up with a buffer. He said he would be more comfortable with tabling this, to let the applicant come up with a separation suggestion. George Ruther suggested tabling this and have the applicant propose some sound and visual design alternatives. He said the applicant could then go to the DRB meeting for a conceptual review and then come back to the PEC. Galen Aasland suggested tabling this and coming back in two weeks. Tom Bonnie explained the site with the gas lines, power lines, etc. He said he didn't want a $30,000 deck to become a $100,000deck. Chas Bernhardt said tabling would only set the process back one week. Galen Aasland said the use was appropriate, but the buffer was important. George Ruther summarized the PEC's comments. He said the PEC was agreeable to the use, but the PEC needed some alternatives to the buffering. Tom Weber said there were other ways to do this with a screen, rather than pulling the deck back. Brian Doyon said he supported this the way it was. Doug Cahill said he supported it with conditions of numbers and operating hours. Tom Moorhead said it was within the PEC's authority to require operation times, when considering adjacent properties and said this was not unusual for operational-type issues. Galen Aasland asked for this to be tabled, so staff could research other properties to Planning and Environmental Commission 5 Minutes June 12, 2000 Approved June 26, 2000 treat everyone fairly. Doug Cahill made a motion to table this to the June 26, 2000 meeting. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-1, with Brian Doyon opposed. 5. A request for a building height variance from Section 12-6D-7 Vail Town Code, located at 1755 West Gore Creek Drive/Lot 6, Vail Village West 2nd Filing. Applicant: Daniel and Karen B. Forey Planner: Allison Ochs WITHDRAWN 6. A request for a conditional use permit, to add a Type II Employee Housing Unit to an existing primary unit, located at 375 Forest Road/Lot 3, Block 2, Vail Village 3rd Filing. Applicant: Greg Vickers, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTIL JUNE 26, 2000 7. A worksession to discuss a proposed zoning code amendment to Section 12-713- 18 (Location of Business Activity), which would allow for mobile information dissemination within the CCI Zone District on public property. Applicant: VVTCB Planner: Allison Ochs WITHDRAWN 8. SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill - Jan-Apr. 5, '00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, `00 Brian Doyon - May 17,'00 - Jun 7, '00 Tom Weber - June 21, 00 Diane Golden - Jul-Sep '00 John Schofield - Oct-Dec '00 George Ruther suggested reducing the impact by scheduling PEC reps for two months at a time and that he had tried to get Council to do away with this altogether. Brian Doyon said it was not up to the PEC to make quorum. Tom Weber said he was in favor of 1 month intervals. 9. Information Update Planning and Environmental Commission 6 Minutes June 12, 2000 Approved June 26, 2000 Russ Forrest mentioned the Wednesday night ComFac meeting at Red Sandstone at 5p.m. He mentioned the next step would be reviewing the 4 alternative concepts and on the 181h they would be asking Council to narrow down the alternatives. He then gave a Donovan Park update and said the VRD would operate, but not pay for recreational updates. Galen Aasland said he felt that PEC worksessions should be in a public forum and thought the pre-meeting should be held in the Council Chambers. 10. Approval of May 8, 2000 minutes. Chas Bernhardt made a motion to approve the amended minutes. Doug Cahill seconded the motion. The motion passed by a vote of 4-0 with Tom Weber abstaining. Chas Bernhardt made a motion to adjourn. Doug Cahill seconded the motion. The motion passed by a vote of 5-0. The meeting adjourned at 3:40 p.m. Planning and Environmental Commission 7 Minutes June 12, 2000 H. After reviewing the goals of the Town of Vail and after discussions with the Community Development staff an application was made to increase the size of the deck at the Vista Bahn Building located at 333 Bridge Street. The purpose was to increase the size of the exterior deck to provide outside seating space to compliment and expand the Tap Room Restaurant service area. It was made clear that this was a desirable addition for the Town. Applications for a Conditional Use Permit and design approval were properly submitted and processed. We met with the Planning and Environmental Commission and the Design Review Board on two occasions each. While the PEC approved and highly supported the deck use, its direction to us was counter to that of the Design Review Board. Plans were amended several times in order to accommodate conflicting direction given by the two Boards. We have attempted to resolve the stated desires of Board members in an open manner. It is our goal to be cooperative in meeting public goals as well as providing a practical design. Application was originally made to construct a deck to extend southward from the existing restaurant in the configuration as described on Exhibit A. Subsequent to and in response to suggestions by various Design Review Board members, the plan was modified as shown on Exhibit B. Principally, the deck area was reduced above the stairwell to improve headroom and to increase natural light to the area below. Additionally, a planter was proposed at the northwest corner of the deck to increase noise protection for the neighbor to the west and was stepped-down to assure maintenance of their existing views. One of the suggestions of the Design Review Board was to reduce the deck to a parallel line with the building, north of the bottom of the stairwell. This made the addition impractical from a cost and use point of view. However, a revised design was submitted for review by the Planning and Environmental Commission as shown on Exhibit C. This was the minimum area for a useful deck. The Planning and Environmental Commission approved the "use of the deck, but restricted it's westward extent to a specific point on the building in order to lessen potential impacts to adjacent properties. The Board further stated that greater extension eastward to make the addition practical was preferred. Upon revising the plan and again meeting with the Design Review Board, the plan was formally not approved. The plan as revised and review by the Design Review Board is included as Exhibit D. TOWN OF VAIL Department of Communin.) Development - a 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www ci. vail. co. us June 22. 2000 Terrill Knight Knight Planning Services, Inc. P.O. Box 974 Eagle, CO 81631 RE: Addition of the Vista Bahn Building deck for outdoor dining at the Tap Room Dear.Terrill, The Design Review Board conceptually reviewed the deck addition at the Vista Bahn Building at their June 21, 2000 meeting. The following were their comments and concerns: 1. The deck will create a dark and uninviting space for the pedestrian flow that was intended with the original building design. 2. The board generally felt that the angles of the deck were out of character-with the existing building. Instead, the board felt that they would be more supportive of expanding the existing decks and opening up the restaurant more to the outside. 3. The board felt that the deck would create a dark, wet entrance to the ski lockers. The also felt that the head height created would not be conducive to people carrying skis. 4. The board felt that using up all of the availabie space was not an elegant solution. The proposed deck introduced a vocabulary unfamiliar to the existing building. 5. The board also expressed concerns about the proximity of the deck to the adjacent residential use. The Planning and Environmental Commission hearing on the conditional use permit for the outdoor dining deck has been tabled to the July 10, 2000, meeting to allow you adequate time to integrate the Design Review Board's comments into the proposal. Please submit new plans to me no later than July 3`d. Once plans are submitted, I will schedule the deck for final design approval. Should you have additional questions, please do not hesitate to contact me at 479-2369. Sincerely, Allison Ochs Planner II Town of Vail CC: Planning and Environmental Commission ~Mk RECYCLED PAPER MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 10, 2000 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 151 Filing. Applicant: Remonov and Company Planner: Allison Ochs 1. DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 151. The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. 19. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. TOWN OF VAIL i 1 Should the Planning and Environmental Commission choose to approve this conditional use permit, staff recommends the following condition: 1. That the deck is shortened in compliance with the Design Review Board's conceptual review of June 21, 2000 (see plan). III. ROLES OF THE REVIEWING BOARDS Plannina and Environmental Commission: The Planning and Environmental Commission is responsible for evaluating this conditional use permit application for. 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board. The Design Review Board is responsible for evaluating the Design Review application for: 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal/Preservation of trees and native vegetation 5. Adequate provision for snow storage on-site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances . 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks IV. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: 2 A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with. these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposal will have minimal, if any, negative impacts on the above-described criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes there will be minimal, if any, negative impacts on the above-described criteria 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Plannina and Environmental Commission shall make the followina findinas before arantina a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 4 _ ~1~. a rmima e~tar p 'fb OR!Lx^.ffi 91Rb2r LCMA . t-.-PMC ON PI'^I:WLf%MS~ 1 P a s.,. 4- ' ! I I OitST3i.. /WfLATJR~ ~1 n fLG,(S,C I.EbkL 4 ( }FAv~L~ I L47E IE1F. E+F~SL!I ' f; i C9(?IDGrE 9Tf^~EET L[N%G-E -r- _ _ J ~ T~'.~fT~ A°f`Q",9EANbLIN_NN arllif°)Raf4^,':Ft ; C( l 1 . fr CnA:l~'+~I~.LCQ6, _fd>- 711 M T;mW C 6 e n cm a n•~ s-"'f~.~~1~~~ ~1~ _=-L-.~~~ 1~ A, - - - ~ ,V anm , 1 , , 1 aea<:e c - ~ I kw rr'+caa4c~~.~ . VIACT r. rH rcgr i1 ~ I ll ~ - I F II ~A A( \ ent'mR2t72r.<e i._ meua asma i~L"s amsaie M Irn~~l a- ~:n,u- _ _ 1:1A lAiv °R^m:,m_ "CO hTATCII E::IFiT INf~ - - ICEDAta 17NR ( Cc MATCH 'CFCs 'IT tJJ U 7f~"~p;LC.L! PId-Mt* 10 MAT'GH F_XI6T'IrJCi C / APPROVED 7/24/00 PLANNING AND ENVIRONMENTAL COMMISSION July 10, 2000 Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Galen Aasland John Schofield George Ruther Chas Bernhardt Tom Weber Brent Wilson Diane Golden Doug Cahill Allison Ochs Brian Doyon Judy Rodriguez Public Hearina, 2:00 p.m. Galen Aasland called the meeting to order at 2:00 p.m.. 1. A request for a sign variance, from Section 11-4B-19 (B)(4), to allow for a third business identification sign, located at 458 Vail Valley Drive (Larkspur Restaurant)/Tract F, Vail Village 5th Filing. Applicant: Larkspur Restaurant & Bar Planner: Brent Wilson Brian Doyon made a motion to table this item until the next meeting. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-0. 2. A request for a major CC1 exterior alteration and a variance from Section 12-7B-12 (height), to allow for a dormer addition, located at 183 Gore Creek Drive (Sitzmark Lodge)/Lot A, Block 5B, Vail Village 1st Filing. Applicant: Sitzmark Condominium Association Planner: Brent Wilson Brent Wilson gave an overview of the staff memo. Galen Aasland said that Slifers, Pepi's, Lodge at Vail, Vista Bahn Building and the Bridge Street Lodge had requested height variances in the past. He said he wanted to know their outcomes, in order to be fair to the applicant. George Ruther explained the height variances that had been requested and granted in the past. Galen Aasland asked if there was any applicant comment. Bob Fritch said his proposal was consistent with the master plan and said that the dormer would break up the roofline making it more interesting. He said that they were consistent with the building next door with relation to height and that no view would be blocked. Galen Aasland asked if there was any public comment. Galen Aasland stated that the PEC would now take a minute to review the Slifer and Gasthof Gramshammer prior variance requests. 1 Planning and Environmental Commission Minutes July 10, 2000 APPROVED 7/24/00 Brian Doyon asked if the applicant had any GRFA left. Brent Wilson said they had 1100 sq. ft. of GRFA left. Brian Doyon stated that the existing building was the hardship. He said if the applicant wanted to use up the allowable GRFA, he would have to go up, since he was surrounded by buildings. I can see granting this using the existing building as the hardship. Bob Fritch said there were 35 lodge rooms and 1 residential unit. Brian Doyon explained since they couldn't go out the sides, he could see giving a height variance. Galen Aasland clarified the different uses in the building. He said the hotel units were seen differently than the condo units. Chas Bernhardt said the Sitzmark was built prior to the current zoning, and so it was not a grant of special privilege. Diane Golden agreed with Chas. Galen Aasland said the Slifers were approved in 1989 and denied in 1998 because they were asking for density. He said it appeared that the Slifers were given an approval in '89 because they weren't asking for density. He said the building was built before zoning and the height would not be affecting anyone. He said however, that if this was in the front row like Cyrano's, he wouldn't vote for it. Brent Wilson suggested making two separate motions with this request. Brian Doyon said he would like the DRB or staff to make sure it did not exceed 8'. Bob Fritch said the gable was up to 9' from the slab and less than a foot and a half on the sides. Galen Aasland said they were comfortable with 52 1/2'. Brian Doyon made a motion to approve the major CC1 Alteration, subject to the finding on page 2. Diane Golden seconded the motion. The motion passed by a vote of 4-0. Brian Doyon made a motion to approve the variance with required findings on page 7 & 8. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-0. 3. A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company Planner: Allison Ochs Allison Ochs gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. 2 Planning and Environmental Commission Minutes July 10, 2000 APPROVED 7/24/00 Terrill Knight explained his rendering to the PEC and said he still had to go back to the DRB and address the access below. Galen Aasland asked if there was any public comment. He said, for the record, that Tom Moorhead said residents in the CC1 Zone District could expect a restaurant use. He said the PEC would weigh the impacts of this proposal to protect the adjacent's property. He mentioned that the neighbor was providing some of the 4' separation from the neighbor's deck. Diane Golden said a server station in that location would be worse than a table there. Galen Aasland asked if the planter was 1' wide. Allison Ochs said it would come out 9 sq. ft. from the wall and there would be 707 sq. ft. of deck area. Diane Golden stated that they were close to the neighbor, but mentioned that nobody had heard from the neighbor either way and also outdoor dining decks were encouraged. Brian Doyon said he was in favor of this. He said he disagreed with the DRB and still thinks it should go out from the eastern side and should pull back and said he encouraged an irregular deck. Chas Bernhardt agreed with Brian, specifically with regards to pulling away from the other deck some more. He said if the deck started just east of the copper roof, then it would have adequate separation from the unit next door and wouldn't infringe on the light and air below. He said he also liked an irregular deck. Terrill Knight said the DRB was thinking smaller. Diane Golden said she read a letter of opposition from the Bridge Street Lodge. Allison Ochs said staff would recommend approval if the deck was made smaller. Brian Doyon said if the two squares were taken off that run perpendicular to the building than it would provide the buffer that was needed. Allison Ochs said the PEC needed to focus on the use and impacts and let the DRB review the architectural details. Galen Aasland said tables would look into the adjacent property owner's living room and so what the PEC was asking for was a reasonable buffer. He said if more space was added to the east he would be fine with that space, but a 1' landscape buffer was not sufficient. He said his choice would be to have the juncture be stucco: George Ruther clarified that the point east of the door was the approximate location where the deck would terminate and summarized that the PEC wanted nothing further west of the stucco pillar. Brian Doyon made a motion for approval, in accordance with the staff memo, with the condition that the deck be shortened to the west end of the stucco pilaster. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-0. 3 Planning and Environmental Commission - Minutes July 10, 2000 APPROVED 7/24/00 4. A request for a variance from Section 12-6F-6, to allow for a garage addition, located at 4718 Meadow Drive/Tract B, Bighorn Townhomes Subdivision. Applicant: Bill Bernardo, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTIL JULY 24, 2000 Chas Bernhardt made a motion to table the above item. Diane Golden seconded the motion. The motion passed by a vote of 4-0. 5. Information Update Russ Forrest gave an update on the Community Facilities, in terms of the three developed uses on the site and encouraged the PEC to participate. Russ gave an update on an administrative change to DRB applications. He said effective May 1st, both signatures would be required on an application for,Parcel C lots. He said he would like to discuss with the PEC having the same requirement for parcels just A and B lots. Tom Moorhead said property rights would be a concern with A and B parcels, as far as GRFA and it was not within our rights to determine property rights and available GRFA. Brian Doyon said a lot of work won't get done since a lot of neighbors don't like each other. He said the PEC was not here to pass judgement and until they resolve their problems, he didn't want to see them. Tom Moorhead said since it was a tremendous time allocation on our resources, he would like to come up with a procedure to bring the parties together. Brent Wilson said, for the record, that he had received 144 emails from the Ferry/Repetti situation. Brian Doyon suggested getting the signature of the neighbor before coming in, as it was wasting staff and the PEC's time. Chas Bernhardt agreed that it had to be settled before coming in. Galen Aasland summarized that it was very appropriate on an ABC property, however AB properties may have individual property rights, so it may be overstepping the Town's right to do this. However if it was to be adopted, it should be a fair due process with written notice. 6. SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill - Jan-Apr. 5, '00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, '00 Brian Doyon May 17,'00 No Rep - Jun 7, `00 Tom Weber - Jun 21, '00 John Schofield - Jul 5, '00 - Jul 19, '00 4 Planning and Environmental Commission Minutes July 10. 2000 APPROVED 7/24/00 Aug 2, '00 Aug 16,'00 - Sep 6, '00 Sep 20, '00 John Schofield - Oct-Dec '00 Chas Bernhardt volunteered to be the PEC rep for DRB for July 19tH 7. Approval of June 26, 2000 minutes. Brian Doyon made a motion to approve the amended minutes. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-0. Diane Golden made a motion to adjourn. Brian Doyon seconded the motion. The motion passed by a vote of 4-0. The meeting adjourned at 3:35 p.m. 5 Planning and Environmental Commission Minutes July 10, 2000