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HomeMy WebLinkAbout1993-0208 PEC 11 PLANNING AND ENVIRONMENTAL COMMISSION February 8, 1993 AGENDA Seminar on Sustainable Development by Daniel Chiras (lunch provided) 11:00 A.M. Site Visits 1:00 A.M. Public Hearing 3:00 P.M. Site Visits 1335 Westhaven Drive Uptown Grill Distelhorst Police addition Two Saabs - Tim and Jim are drivers Public Hearing 1. A request for a joint work session with the Planning and Environmental Commission and the Design Review Board for a conditional use permit for an addition to the Municipal Building to house the Vail Police Department, located at 75 South Frontage Road West (at the east end of the existing Municipal Building), and as legally described below: A part of the Southeast 1 /4 of Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 6, thence North 00 degrees 28 minutes 16 seconds West and along the East line of said Southeast 114 of said Section 6 72.75 the East line of said Southeast 1 /4 of said Section 6 72.75 feet to a point, said point being 110,00 feet northeasterly from the southerly right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence North 79 degrees 46 minutes 11 seconds West and along a line parallel to said southerly right-of-way line 145.50 feet to The True Point of Beginning; thence North 16 degrees 08 minutes 47 seconds East 78.00 feet; thence North 68 degrees 08 minutes 35 seconds West 428.70 feet; thence North 66 degrees 01 minutes 29 seconds West 152.57 feet; thence South 27 degrees 42 minutes 40 seconds West 192.66 feet; thence South 52 degrees 48 minutes 50 seconds East 36.32 feet to a point, said point being 110-00 feet northeast from said South right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence South 79 degrees 46 minutes 11 seconds East and along a line parallel to said South right of way line 585.56 feet to The True Point of Beginning. Except that portion conveyed to the Board of County Commissioners of Eagle County, and the Department of Highways, State of Colorado by rule and order recorded January 5, 1971 in Book 219 at Page 441. Applicant: Town of Vail Planner: Mike Mollica 2. A request for a Bed and Breakfast to be located at 1850 South Frontage Road West/Lot 3, Alpine Creek Townhouse Subdivision. Applicant: Dr. Richard Engle and Gertrude Olson Planner: Shelly Mello K 3. A request for a conditional use to allow for an outdoor dining deck for the Uptown Grill Restaurant, located at 521 East Lionshead Circle/Lot 3, Block 1, Vail/Lionshead First Filing. Applicant: Joel Fritz and Richard N. Brown Planner: Tim Devlin 4. A request for a major amendment to SDD #4, Cascade Village Area A, Millrace 111, to amend the approved development plan to allow for one single family residence and one duplex located at 1335 Westhaven Drive, more specifically described as follows: A part of the SW 1/4, NE 1/4, Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point of the North-South centerline of said Section 12 whence an iron pin with a plastic cap marking the center of said Section 12 bears S00°38'56"W 455.06 feet; thence along said centerline N00°38'56"E 122.81 feet to the southerly ROW line of 1-70; thence departing said ROW line N66°53'25"E 39.15 feet; thence departing said ROW line S81123'19"E 165.42 feet to a point of curve; thence 122.83 feet along the arc of a 143.20 foot radius curve to the left, having a central angle of 49°08'51" and a chord that bears S1 515745"E 119.10 feet; thence S40132'1 WE 3.00 feet; thence 66.30 feet along the arc of a 77.21 foot radius curve to the right, having a central angle of 49°12'10" and a chord that bears S15°56'05"E 64.28 feet; thence S8°40'00'W 90.27 feet; thence N38°42'24"W 224.55 feet; thence 578°10'32"W 101.44 feet to the faint of Beginning. Applicant: Michael Lauterbach Planner: Jim Curnutte 5. A request for a work session for setback variances to allow an addition to the residence located at 4582 Streamside Circle/Lot 1, Distelhorst Subdivision. Applicant: Drs. Fred and Ines Distelhorst Planner: Jim Curnutte 6. A request to amend Chapter 18.24 Commercial Core I, and Chapter 18.26 Commercial Core II of the Town of Vail Zoning Code (relating to exterior alteration). Applicant: Town of Vail Planner: Shelly Mello 7. A request for a setback variance, at the Manor Vail Lodge, to allow the construction of a trash enclosure, located on a Part of Lot 1, Block B, Vail Village Seventh Filing/595 Vail Valley Drive. Applicant: Manor Vail Lodge Planner: Andy Knudtsen TABLED INDEFINITELY 8. A request for a major exterior alteration, site coverage variance, and landscape variance to allow exterior modifications to the Hill Building located at 254 Bridge Street/a part of Lot L, Vail Village First Filing. Applicant: Blanche Hill Planner: Shelly Mello TABLED TO FEBRUARY 22, 1993 v 2 m 8 9. A request for a setback variance and site coverage variance to allow an addition and garage for the residence located at 1886 West Gore Creek Drive/Lot 50, Vail Village West, Filing #2. Applicant: Christopher Bartlett and Donna Mumma Bartlett Planner: Andy Knudtsen TABLED TO FEBRUARY 22, 1993 10. A request for a minor subdivision and a zone district change from Primary/Secondary Residential to Low Density Multiple Family, for the Schmetzko property, generally located at 2239 Chamonix Lane, more particularly described as: Parcel A: A tract of land containing one acre, more or less, located in the South 1 /2 of the South East 1/4 of Section 11, Township 5 South, Range 81 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the NE comer of the SW 1/4 of the SE 1/4 of said Section 11; thence westerly along the northerly line of said SW 1/4 of the SE 114 bearing south 86 20'W a distance of 167.80 ft, to a point: Thence southerly along a line 167.80 ft. distant from and parallel to the east fine of said SW 1/4 of the SE 114, a distance of 200,00 ft. to a point: Thence easterly a distance of 167.80 ft. along a line 200.00 ft, distant from and parallel to the north line of said SW 1/4 of the BE 1/4 to a point on its east line; Thence easterly on a line parallel to the north line of the SW 1/4 of the SE 1/4 of Section 11, a distance of 50.95 ft. to a point: Thence northerly and parallel with the west line of the east 1/2 of the SE 1/4 of said Section 11, a distance of 200.00 ft. to the point of intersection with the extension of the north line of the SW 1/4 of the SE 1 /4 of said Section 11; Thence westerly on a deflective angle left of 95 21'00" along the extension of the north line of the SW 1 /4 of the SE 1 /4 of said Section 11, a distance of 50.95 ft. to the NE corner of the SW 1/4 of the SE 114 of Section 11, being the point of beginning. 10 Parcel B: Tract A, Vail Heights Filing No. 1 according to the recorded plat thereof. Applicant: Erich Schmetzko Planner: Andy Knudtsen TABLED TO FEBRUARY 22, 1993 11.. Discussion items: PEC Retreat Mission Statement/Town of Vail Code Reference to PEC Role, Responsibilities and Procedure E 3 C PRESENT FEBRUARY 3, 1993 MINUTES Diana Donovan Jeff Bowen Greg Amsden Chuck Crist Kathy Langenwalter Gena Whitten PLANNING AND ENVIRONMENTAL COMMISSION ABSENT Dalton Williams STAFF Kristan Pritz Mike Mollica Tim Devlin Shelly Mello Jim Curnutte 1. Starting at approximately 2:50 P.M., the Planning and Environmental Commission was called to order for a joint work session with the Design Review Board-to discuss a request by the Town of Vail for a conditional use permit for an addition to the Municipal Building to house the Vail Police Department, located at 75 South Frontage Road West (at the east end of the existing Municipal Building), and as legally described below: A part of the Southeast 174 of Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 6, thence North 00 degrees 28 minutes 16 seconds West and along the East line of said Southeast 114 of said Section 6 72.75 the East line of said Southeast 114 of said Section 6 72.75 feet to a point, said point being 110.00 feet northeasterly from the southerly right-o# way line ofU.S. Highway No. 6 as measured at right angles thereto; thence North 79 degrees 46 minutes 11 seconds West and along a line parallel to said southerly right-of-way line 145.50 feet to The True Point of Beginning; thence North 16 degrees 06 minutes 47 seconds East 78.00 feet; thence North 68 degrees 08 minutes 35 seconds West 428.70 feet; thence North 66 degrees 01 minutes 29 seconds West 152.57 feet; thence South 27 degrees 42 minutes 40 seconds West 192.66 feet; thence South 52 degrees 48 minutes 50 seconds East 36.32 feet to a point, said point being 110.00 feet northeast from said South right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence South 79 degrees 46 minutes 11 seconds East and along a line parallel to said South right of way line 585.56 toot to The True Point of Beginning. Except that portion conveyed to the Board of County Commissioners of Eagle County, and the Department of Highways, State of Colorado by rule and order recorded January 5, 1971 in Book 219 at Page 441, Applicant: Town of Vail Planner: Mike Mollica 10 Planning and Environmental Commission February 8, 1993 Mike Mollica made a presentation, per the staff memo to the PEC, concerning the proposed expansion to the Vail Police Department and outlined the issues that staff was most concerned with. These issues included parking and architectural design. With regard to parking, Mike reviewed the two methods staff used to assess the parking requirements for Town employees and the public. The first method utilized the Zoning Code standards. This method determined that the total number of parking spaces required to meet this project's needs will be 97. The second method examined the number of current Town employees and determined that 104 parking spaces will be needed to meet the project's needs. 11 Kristan Pritz pointed out that a parking lot survey would be important to assess what the public's parking needs are. Mike Mollica stated that the Police Department is unique with regard to shift overlaps and that the Department has 16 vehicles. Kathy Langenwalter stated that parking at the Municipal site is currently "maxed out" without any additional building and that adding more floor area will increase the parking needs. Ken Hughey stated that there was no money budgeted for all structured parking and that the project will include some surface parking unless additional money is provided. Chuck Crist then inquired about the spaces west of the Municipal Annex Building. Mike Mollica responded that the area west of the Municipal Annex Building could hold as many as 25 additional spaces. Greg Amsden stated that full utilization of the parking spaces west of the Municipal Annex Building would be a good way to help the parking situation. Mike Mollica then summarized the architectural design of the proposed project. He stated that the planting design and grading review was still at the conceptual stage. With regard to the planting design, Sherry Dorward, the project Landscape Architect, stated that the existing aspen trees could be transplanted and that a retaining wall could be built to save the spruce on the east end of the parking lot, but that one parking space might have to be given up to accomplish this. She stated that drainage was still an issue. She also envisions a courtyard around the existing spruce tree at the southwest corner of the addition and she hopes to use trees as a screen at the back of the proposed building. Kathy Langenwalter stated that with regard to the architectural design that she would like to see a compromise between the "Vail look" and a more contemporary look. Planning and Environmental Commission February 8, 1993 2 Mike Arnett, a DRB representative, stated that the design of the building needs to "stand for itself without landscaping" Jeff Sheppard, the project architect, stated that the cosmetics of the building can certainly be changed and further inquired whether the overall scale was in the right direction. The PEC agreed that the overall building's scale was now acceptable. Kathy Langenwalter stated that the eastern-most roof should be gabled in order to shed snow in the opposite direction and not shed snow on the garage entrance. 2. A request for a Bed and Breakfast to be located at 1850 South Frontage Road West/Lot 3, Alpine Creek Townhouse Subdivision. Applicant: Dr. Richard Engle and Gertrude Olson Planner: Shelly Mello Shelly Mello stated that staff supports this request. Greg Amsden inquired whether there were 6 parking spaces offered by the Homeowner's Association and noted that the bed and breakfast was a considerable distance from the Town of Vail bus stop. Shelly Mello responded that the applicant would use the 2 garage space and one on- site parking space to meet the parking requirements. Chuck Crist motioned to approve this request per staff memo with Gena Whitten seconding the motion, with a unanimous vote 6-0 to approve this item. 3. A request for a conditional use to allow for an outdoor dining deck for the Uptown Grill Restaurant, located at 521 East Lionshead Circle/Lot 3, Block 1, Vail/Lionshead First Filing. Applicant: Joel Fritz and Richard N. Brown Planner: Tim Devlin Tim Devlin made a presentation per the staff memo. He stated that this request is consistent with Vail Lionshead Urban Design Guidelines and Guide Plan but that the staff felt that the public should have complete access to the Bird of Paradise sculpture. He stated that at the present time staff was recommending denial of the applicant's request for a conditional use permit, but that the staff could support a modified version of the deck as described in the memo. Joel Fritz (the applicant) stated that he does not like the Bird of Paradise sculpture's current location. He believes that a dining deck would make the area more active and that he does not want to modify his plans. He stated that public access to the sculpture would improve and that pedestrian problems in the area would improve and not be hindered if his request were approved and the base of the Bird of Paradise was Planning and Environmental Commission February 8, 1993 3 moved towards the northeast corner of the deck. He also stated that if the boundary of the deck was located 6 ft. from the elevator shaft he would be able to have a larger deck without a fence, which would give the cart the needed visibility for a viable business. Diana Donovan inquired whether alcohol would be served from the deck and whether a fence was needed. Joel Fritz stated that alcohol would not be served. Kristan Pritz stated that staff feels fencing is important to delineate deck boundaries per the Lionshead Urban Design Guide Plan and Guidelines. Diana Donovan then inquired whether the espresso cart would just be morning operation. Joel Fritz stated that the espresso cart would be primarily for morning business and that the cart is self-contained and 79" wide. His idea is to serve breakfast foods such as rolls and pastries from the cart. The customer would have to physically come on to the deck to purchase coffee and food items. Greg Amsden inquired what the status was with the Art in Public Places Committee (AIPP) concerning the relocation of the Bird of Paradise. Kristan Pritz responded that the relocation would be acceptable as long as the AIPP and the Lionshead Merchant's Association supports the decision. She also stated that Lionshead has a tot of private property ownership so it is more difficult to place pieces on public land. For this reason, some pieces can be on private land with lease agreements. Kathy Langenwalter, the PEC representative to the AIPP board, stated that the Merchant's Association is adamant about keeping the Bird of Paradise in this'general area. She said that the AIPP feels that the sculpture must be accessible to the public on all sides. She also stated that she likes the idea of the deck and cart, but that this project needs to be kept away from the piece. Joel Fritz then asked if it would be feasible to move the Bird of Paradise 8 or 9 ft. to the east. Kathy Langenwalter said that this would place the piece in the flow of pedestrian traffic. She also stated that there needs to be enough space around the piece to allow public access. Jeff Bowen stated that the location of the Bird of Paradise is a problem for this proposal. He believes that the Bird of Paradise is difficult to see presently because there is no sunlight after the morning hours, and there is a lot of wind at that location. He feels that this accounts for the large amount of trash located at the site. Planning and Environmental Commission February 8, 1993 4 Chuck Crist stated that he would agree with the proposal if the Bird of Paradise was moved. Greg Amsden stated that if the sculpture was moved, the boundaries of the deck would be provided by the existing building walls and sculpture. If the sculpture remains in its present location, the cart should be placed to the west of the Bird of Paradise. He further stated that the entry of the Krismar must be preserved and that the sculpture could possibly be an entrance feature. Kathy Langenwalter voiced her concern about how the cart will fit in the space. Steve Stockman, owner of Krismar, stated his feeling that the deck a6d cart would be an amenity to the Lionshead area. Gena Whitten said that she does not see this proposal as an outdoor-dining deck. She believes that an ordinance is needed addressing carts. She stated that a conditional use for an outdoor dining deck is the wrong vehicle for approving an espresso cart. With regard to the Bird of Paradise, she inquired whether the AIPP would pay for its relocation. Kathy Langenwalter stated that the AIPP has been working on placing the piece permanently for quite some time, and that money is available to move it. Diana Donovan stated that the cart should not be the central attraction and that the deck needs to be 6 ft. away from the Bird of Paradise. Steve Stockman inquired about the feasibility of locating the cart under the portico Kristan Pritz stated that staff also has concerns with the cart location under the portico and how the deck was delineated. Steve Stockman stated that the cart and tables would have the same umbrellas so that they are tied together visually. Kristan Pritz stated that staff feels that the deck must be delineated so that the association with the restaurant is clear. Gena Whitten said that it was her feeling that the deck being considered was not primarily for dining but for the cart, and that they already had a deck. Diana Donovan suggested that this item be tabled to give the applicants some time to modify their request. Greg Amsden stated that the Bird of Paradise issue needs to be resolved with the Lionshead Merchant's Association and AIPP so that a solution concerning its location can be found. Planning and Environmental Commission February 8, 1993 5 Diana Donovan stated that the sculpture, if moved, needs to be even with the entryways to Krismar and Colorado Insight, not out in front of the shops in the way of pedestrian traffic. Joel Fritz inquired about if the Bird of Paradise was gone, how far out can the clock come. A general discussion then took place regarding the size of the deck, and it was a consensus that the deck and cart should not interfere with pedestrian traffic through the area. Greg Amsden stated that if the sculpture was removed then fencing would need to be included in this project. Diana reiterated her feeling that the cart needs to look incorporated into the deck. She then inquired whether the applicant would consider tabling this item for two weeks in order to look into getting the Bird of Paradise sculpture relocated. Jeff Bowen stated that he was not completely against this proposal but he would like to see modifications and dialogue with the Lionshead Merchant's Association and AIPP concerning moving the sculpture. C A motion was made by Kathy Langenwalter and seconded by Chuck Grist to table the request. A unanimous vote of 6-0 tabled this request until February 22, 1993. 4. A request for a major amendment to SDD #4, Cascade Village Area A, Millrace 111, to amend the approved development plan to allow for one single family residence and one duplex located at 1335 Westhaven Drive, more specifically described as follows: A part of the SW 1/4, NE 114, Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point of the North-South centerline of said Section 12 whence an iron pin with a plastic cap marking the center of said Section 12 bears SO0°38'56"W 455.06 foot; thence along said centerline N00°3856"E 122.81 feet to the southerly ROW line of 1-70; thence departing said RAW line N66°5325'"E 39.15 feet; thence departing said ROW line S81°23'19 E 165A2 feet to a point of curve; thence 122.83 feet along the arc of a 143.20 foot radius curve to the left, having a central angle of 49°08'51" and a chord that bears S1 557'45"E 119.10 feet; thence 540132'1 WE 3.00 feat; thence 66.30 feet along the are of a 77.21 foot radius curve to the right, having a central angle of 49112'10" and a chord that bears 815°56'05"E 64.28 feet; thence S8640'00"W 90.27 feet; thence N38142'24"W 224.55 feet; thence S78110'32"W 101.44 feet to the Point of Beginning. Applicant. Michael Lauterbach Planner; Jim Curnutte Jim Curnutte made a brief presentation per the staff memo and stated that Mr. Lauterbach has made changes to his proposal in response to the PEG's comments from the January 25, 1993 PEC meeting. He then reiterated staff's concerns with regard to this project. Planning and Environmental Commission February 8, 1993 6 The first staff concern discussed was the circulation system (Westhaven Drive). Jim stated that Westhaven Drive would probably become a public road maintained by the public and that Greg Hall was currently working on developing his recommendations for improvements necessary to bring it up to Town standards. He further stated that Mr. Lauterbach has agreed to contribute to the cost of bringing Westhaven Drive up to Town's standards. The second concern with regard to this project pertains to the functional and aesthetic landscaping of this project. Jim said that this new proposal moves the buildings further out of the Gore Creek riparian zone than the previous proposal showed, to within 1-112 ft. of the front property line. He stated that Mr. Lauterbach must state the limits of what the disturbance will be with regard to construction activity. He further stated that the applicant has no problem with a 10 ft. wide fishermen's access easement along Gore Creek. Jim Curnutte stated that staff was recommending approval of this request with certain understandings between the Community Development staff and the applicant. The understandings consist of: a physical construction activity line/barrier be placed on the plans and on the ground prior to the issuance of a building permit, a fishermen's access easement, additional landscaping on the north side of the recreation path, the applicant will bring the portion of Westhaven Drive in front of his property up to Town standards, the plans need to be corrected and the southern half of the single family unit shall be shifted 3 to 5 ft. away from the road and the whole building shifted 5 ft. to the north. Mike Lauterbach stated that he is in agreement with staff's recommendations and that he is willing to pay for road improvements in front of property prior to issuance of TCO (see attachment). Jim Curnutte inquired how the PEC wished to proceed with this item (i.e. approve or table) with regard to the minor modifications that still had to be made. Kathy Langenwalter inquired whether the corner stakes they viewed during the site visit were at the maximum corners of the buildings. Mr. Lauterbach responded that they were give or take 5 ft. Greg Amsden inquired what kind of treatments and extensions were to be used off the sliding glass doors off of the bedrooms. Michael Lauterbach stated that there will be a couple of feet for a walkway but no deck or patio. The deck that would be used by the residents would be off of the living room. He said that snow storage for the south unit will drop off of the driveway. The west unit will be away from the bikepath. Kathy Langenwalter voiced her concerns regarding the architectural design. She stated that she is displeased with Spruce Creek, the project Mr. Lauterbach is currently Planning and Environmental Commission February 8, 1993 7 involved with down valley and she is concerned with the quality for this project. She also said that Mr. Lauterbach should consider putting a deck over the shed roof. Mr. Lauterbach responded that the project down valley is not completed and that he himself is not comfortable with it the way it looks right now either. Kathy Langenwalter stated that she is concerned with window treatments. Jeff Bowen motioned for approval of this request in accordance with the findings in the staff memo with the provision that the applicant work on the seven staff concerns elucidated by Jim Curnutte. Chuck Grist seconded the motion. Jim asked the PEG to consider approving this request with 6,450 sq. ft. of GRFA, calculated according to today's definition, rather than as 6,050 sq. ft. of GRFA with a stair credit Jim felt this would be preferable for consistency's sake so that no project would be calculated differently than our new definition allows. Jeff Bowen amended his motion accordingly. The motion was seconded by Chuck Grist. A unanimous vote of 6-0 approved this request. 5. A request for a work session to discuss setback variances to allow for an addition to the residence located at 4582 Streamside Circle/Lot 1, Distelhorst Subdivision. Applicant: Drs. Fred and Ines Distelhorst Planner: Jim Curnutte i Jim Curnutte presented the staff memo and outlined the concerns that staff has with this request. The first of these was the removal of the ft. diameter tree on the south side of the building and the three trees on the east side of the building (25 ft., 25 ft., and 35 ft.). Staff feels that the applicant and PEC should consider a remodel to the entryway of the building in order to save the group of 3 trees on the east side of the building. The second concern pertains to a wetland encroachment of the proposed deck. Staff feels that the encroachment can be avoided by cutting back the deck or placing the deck on the east side of the proposed remodel. The third concern staff has with this project is the proposed landscaping. Specifically, there is a net loss of trees with this proposal and additional landscaping needs to be added. Kyle Webb stated that he would like to ask for an entryway roof overhang setback encroachment on the east side of the building. He then showed the PEC what he had in mind. Jeff Bowen then inquired why it was not possible to save the tree. Kyle Webb stated that there was no room on the site to shift the plan around and make functional rooms. He said that the placement of the sewer lines by previous construction really limited the buildable area of the lot. Planning and Environmental Commission February 8, 1993 8 Jim Curnutte stated that Russ Forest went to the site and agreed that the site did contain wetlands. He said that Russ recommended that the U.S. Army Corps of Engineers come out and review the proposed encroachment. Kristan Pritz stated that this was a difficult situation because we do npt technically enforce wetland regulations. In the past, as a condition of approval of a request, we have asked for a letter from the Corps prior to the issuance of a permit to avoid problems for the applicant. Chuck Crist stated that it was too bad that the trees would have to go. He suggested that the applicant add a few more to the plan. Kathy Langenwalter stated that this plan was a sensitive use of the site. She fees that more integration between existing and new is needed but would make those comments when the project goes to DRB. She asked if the applicant could mulch the trees on the site. Kyle Webb stated that he will agree to mulching the trees. Diana Donovan stated that there do not appear to be problems with the variances for this request. She told the applicant that he would need to come back before the PEC for a final hearing in two weeks, February 22, 1993. 6. A request to amend Chapter 18.24 Commercial Core 1, and Chapter 18.26 Commercial Core II of the Town of Vail Zoning Code (relating to exterior alteration). Applicant: Town of Vail Planner: Shelly Mello Chuck Crist motioned to request that Chapter 18.24 Commercial Core I be amended with Kathy Langenwalter seconding the motion. A unanimous vote of 6-0 approved this request. 7. A request for a setback variance, at the Manor Vail Lodge, to allow the construction of a trash enclosure, located on a Part of Lot 1, Block B, Vail Village Seventh Filing/595 Vail Valley Drive. Applicant: Manor Vail Lodge Planner: Andy Knudtsen TABLED INDEFINITELY Chuck Crist motioned to table this request with Jeff Bowen seconding the motion. A unanimous vote of 6-0 tabled this request indefinitely. 8. A request for a major exterior alteration, site coverage variance, and landscape variance to allow exterior modifications to the Hill Building located at 254 Bridge Street/a part of Lot L, Vail Village First Filing. Planning and Environmental Commission February 8, 1993 9 Applicant: Blanche Hill Planner: Shelly Mello TABLED TO FEBRUARY 22, 1993 Chuck Crist motioned to table this request with Jeff Bowen seconding the motion. A unanimous vote of 6-0 tabled this request until February 22, 1993. 9. A request for a setback variance and site coverage variance to allow an addition and garage for the residence located at 1886 West Gore Creek Drive/Lot 50, Vail Village West, Filing #2. Applicant: Christopher Bartlett and Donna Mumma Bartlett Planner: Andy Knudtsen TABLED TO FEBRUARY 22, 1993 Chuck Crist motioned to table this request with Jeff Bowen seconding the motion. A unanimous vote of 6-0 tabled this request until February 22, 1993. 10. A request for a minor subdivision and a zone district change from Primary/Secondary Residential to Low Density Multiple Family, for the Schmetzko property, generally located at 2239 Chamonix Lane, more particularly described as: Parcel A: A tract of land containing one acre, more or less, located in the South 1 /2 of the South East 1 /4 of Section 11, 'township 5 South, Range 81 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the NE corner of the SW 1 /4 of the SE 1 /4 of said Section 11; thence westerly along the northerly line of said SW 114 of the SE 1/4 bearing south 86 20'W a distance of 167.80 ft. to a point: Thence southerly along a line 167.80 ft. distant from and parallel to the east line of said SW 114 of the SE 1/4, a distance of 200.00 ft, to a point: Thence easterly a distance of 167.80 ft. along a line 200.00 ft. distant from and parallel to the north line of said SW 114 of the SE 1/4 to a point on its east line; Thence easterly on a line parallel to the north line of the SW 114 of the SE 1/4 of Section 11, a distance of 50.95 ft. to a point: Thence northerly and parallel with the west line of the east 1/2 of the SE 114 of said Section 11, a distance of 200,00 ft. to the point of intersection with the extension of the north line of the SW 1/4 of the 5E 1/4 of said Section 11; Thence westerly on a deflective angle left of 95 21'00" along the extension of the north line of the SW 1/4 of the SE 1/4 of said Section 11, a distance of 50.95 ft to the NE corner of the SW 1/4 of the SE 114 of Section 11, being the point of beginning. Parcel B: Tract A, Vail Heights Filing No. 1 according to the recorded plat thereof. Applicant: Erich Schmetzko Planner: Andy Knudtsen TABLED TO FEBRUARY 22, 1993 Chuck Crist motioned to table this request with Jeff Bowen seconding the motion. A unanimous vote of 6-0 tabled this request until February 22, 1993. 11. Discussion: PEC Retreat Kristan Pritz stated that she thought a retreat might be helpful and informative for the PEC. She then inquired what issues needed to be addressed. Planning and Environmental Commission February 8, 1993 10 Greg Amsden stated that addressing better communication and approval from Town Council would be helpful. Kathy Langenwalter feels that a retreat with a goal of being part of the team and getting together away from Council chambers is important. Kristan Pritz stated that it is helpful to occasionally remove yourself from a formal setting. Chuck Crist stated that the PEC members needed to get together and decide on a mission statement to plan for the future. Kristan Pritz stated that the staff could go over the master plans of the larger projects with the PEC so that they could see where its all going, i.e. 5treetscape and the Land Use Plan, etc. She also stated that Larry Eskwith would draft general by-laws regarding the PEC's mission. 13. Kathy Langenwalter motioned that the minutes of the PEC meeting of January 25, 1993 be approved with Jeff Bowen seconding the motion. The minutes were then approved. Planning and Environmental Commission February 8, 1993 11 n MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a joint work session with the Planning and Environmental Commission and the Design Review Board, for a Conditional Use permit for an addition to the Municipal Building to house the Vail Police Department, located at 75 South Frontage Road West (at the east end of the existing Municipal Building), and as legally described below: A part of the Southeast 1 /4 of Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows Commencing at the Southeast corner of said Section 6, thence North 00 degrees 28 minutes 16 seconds West and along the East line of said Southeast 1/4 of said Section 6 72.75 the East line of said Southeast 1/4 of said Section 6 72.75 feet to a point, said point being 110.00 feet northeasterly from the southerly right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence North 79 degrees 46 minutes 11 seconds West and along a line parallel to said southerly right-of-way line 145.50 feet to The True Point of Beginning; thence North 16 degrees 08 minutes 47 seconds East 78.00 feet; thence North 68 degrees 08 minutes 35 seconds West 428.70 feet; thence North 66 degrees 01 minutes 29 seconds West 152.57 feet; thence South 27 degrees 42 minutes 40 seconds West 192.66 feet; thence South 52 degrees 48 minutes 50 seconds East 36.32 feet to a point, said point being 110.00 feet northeast from said South right-of-way line of U.S. Highway No. 6 as measured at right angles thereto; thence South 79 degrees 46 minutes 11 seconds East and along a line parallel to said South right of way line 585.56 feet to The True Point of Beginning. Except that portion conveyed to the Board of County Commissioners of Eagle County, and the Department of Highways, State of Colorado by rule and order recorded January 5, 1971 in Book 219 at Page 441. Applicant: Town of Vail Planner: Mike Moliica 1. DESCRIPTION OF THE PROPOSED REQUEST The Town of Vail is requesting a Conditional Use permit to allow for the expansion of the Vail Police Department, located at 75 South Frontage Road. The property on which the Municipal Building is located, (which includes the existing Vail Police Department) is zoned Public Use District. Public buildings and public service facilities are considered Conditional Uses within the District, pursuant to Chapter 13.36.030 of the Town's Municipal Code. Because the proposed expansion to the Vail Police Department is a modification to an existing use, a Conditional Use permit is required. The Public Use District is fairly unique in that the development standards for the district are specifically prescribed by the Planning Commission during the review of a development proposal. This review is not unlike the Special Development District process whereby setbacks, building height, density control, site coverage, landscaping and the general site development are specifically tied to a development plan. The off- street parking requirements are also established by the Planing and Environmental Commission. II. PRELIMINARY ZONING ANALYSIS The proposed expansion to the Vail Police Department would be located immediately to the east of the existing Police facility. The existing floor area (approximately 5,944 square feet) of the Police Department would continue to be utilized by the Police and would be reconfigured and remodeled as a part of the project. A two-story building of approximately 26,035 square feet of office space, including 34 structured parking spaces, would be constructed. No underground parking is included in the proposal. Architecturally, the proposed addition has been both internally, and externally, redesigned to better facilitate the use of the existing Police area. The overall layout (site planning) of the addition steps back from the South Frontage Road, as viewed from west to east. This design solution, as recommended by the PEC and the Design Review Board at previous work sessions, is intended to break up both the overall mass and bulk of the structure, as well as the linear form of the building. Please see the attached elevation drawings for further detail on the design. The gross area of the structured parking would consist of approximately 10,530 square feet. This includes areas dedicated to the sallyport, the vehicle impound and all vehicular circulation corridors. The common areas of the building, which include stair corridors, a pedestrian ramp (ADA requirements), the elevator core, storage rooms and mechanical areas, total approximately 3,619 square feet. The gross area of the entire project (office space, common areas and structured parking) would be 31,979 square feet. Please see the attached site plan and floor plans for more specific information regarding the layout of the proposal. 2 a. Site Area: The Municipal site consists of 89,132 square feet, on two parcels. The Municipal Annex is on a separate parcel from the main Municipal Building, however for zoning purposes, and per the DEC's suggestion, the entire site has been analyzed as a whole. b. Site Coveraae: The existing site coverage for the Municipal Complex is approximately 16,265 square feet, or 18.2%. The proposed site coverage of the Municipal Complex, with the new Police addition, is approximately 30,165 square feet, or 33.8%. C. Buildina Heiaht: The maximum height of the existing Municipal Building is approximately 34 feet. The maximum height of the proposed addition to the Police Building has been designed so that it would not exceed the highest ridge of the existing Municipal Building. In general, the main roof ridges of the proposed Police addition range in height from 30 to 34 feet. d. Parkina Analysis The existing parking for the Municipal site is as follows: 47 spaces - east of Municipal Building 49 spaces - between the Municipal Building and the Municipal Annex 13 sraaces - west of the Municipal Annex 109 spaces - TOTAL The existing surface parking which is located between the Municipal Building and the Municipal Annex (49 spaces), and the parking spaces west of the Municipal Annex (13 spaces) will be retained with the Police expansion. If the We Recycle facility moves to another location (off-site), then an additional 10-11 parking spaces would become available for municipal use. n 3 The proposed parking garage for the Police addition is designed to accommodate 34 vehicles, (this includes one parking space in the vehicle impound area, but does not include the two spaces in the sally port). In addition, it is proposed that there be 13 exterior parking spaces. All of the exterior spaces would be located immediately to the east of the new parking garage. The surface parking spaces would be screened by the use of berming and landscaping. The proposed structured parking (34 spaces), the proposed new surface parking (13 spaces), and the existing surface parking which will be retained after the Police addition is constructed (62 spaces), totals 109 spaces. As presented, the new parking garage would be used as exclusively as secured Police parking. The general public, and all the other Municipal employees who work in the Municipal Complex, will be directed to the 49 surface parking spaces located between the Municipal Building and the Municipal Annex, and to the 13 spaces located west of the Municipal Annex. The staff has reviewed the parking requirements for the Municipal Complex using two methods: a) Parking determination based upon the Zoning Code standards (area calculations); b) Parking determination based upon number of employees. Both methods include parking for the six Town vehicles (non-Police vehicles) which are stored on-site at the Municipal Complex. a) Zonina Code standards (area calculations): This method utilizes the standard Town of Vail parking requirements listed in the Zoning Code, which are based on square footage measurements. In addition to the Municipal offices, the analysis also includes some office areas currently occupied by the Police Department, which would be utilized for other Municipal offices, once the Police move into the new addition. Due to the unique nature of the Police Department's staffing needs, and the shift overlaps, the parking requirement for this department is based upon the "worst case" scenario of numbers of employees and vehicles. Please see the attached analysis of the Police Department's staffing needs. Overall, the planning staff's analysis using this method indicates that a total of 97 parking spaces will be required to meet the project's needs. Since the proposed number of parking spaces with the new Police addition is 109, there would be 12 spaces available for use by the general public, using this method of calculation. 4 0 b) Number of emolovees: This method determines the parking requirement based upon the number of current employees working on-site at the existing Municipal Complex (including the proposed Police addition). This calculation assumes a "worst case" situation where there is a full Town staff and all employees have reported to work. It should be noted that this scenario does not include any of the existing conference spaces (including the Council Chambers), which attributed 10.9 parking spaces to the "area calculation" method as described above. The staff's analysis using this method indicates that a total of 104 parking spaces will be required to meet the project's needs. Since the proposed number of parking spaces available is 109, there would be 5 spaces available for use by the general public, using this method of calculation. In summary, it is anticipated that there would be 5-12 parking spaces available for use by the general public. 5 e. Setbacks: The following table indicates the minimum building setbacks from all property lines, (existing and proposed conditions): Existing Proposed North: 0.0' 0.0' South: 7.6' 7.6' East: 353.0' 190.0' - to building 106.0' - to surface parking West: 116.0' 116,0' f. Building Areas: The following table outlines the different areas of the proposed Police addition: Office {cross areas) Lower Level: 3,443 sq. ft. Upper Level: 14,387 sq. ft. 17,830 sq. ft. Common-storage, Parking/Circulation stairs, elevator, mechanical 2,188 sq. ft. 1,431 sq. ft. 3,619 sq. ft. 10,530 sq. ft. 0 sq. ft. 10,530 sq. ft. Total grass area of new Police Department = 31,979 square feet n 6 0 111, CRITERIA AND FINDINGS, Because this is a work session, the staff will not address each of the review criteria for the Conditional Use permit at this time. However, the following criteria will be used at the final hearing to determine whether or not the project should be approved or denied: Relationship and impact of the use on the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, school, parks and recreation facilities, and other public needs. 3. The 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 street 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 the surrounding uses. IV. REDEVELOPMENT ISSUES 1. Site Planning a) Buildina footorint/general layout - The staff believes that the overall site planning for the Police addition works well given the narrowness of the project site. The proposed building has been redesigned so that it steps back from the South Frontage Road, as indicated in the southeast corner of the project. The building continues to have a zero setback along the north property line, and the staff feels that the reduced scale of the redesigned building, coupled with a very strong landscape plan, can mitigate the building's close proximity to the north, and the adjacent 1-70 eastbound off-ramp. It should also be noted that the edge of asphalt for the South Frontage Road is located approximately 20 feet further south of the southern most property line of the Municipal Complex. Hence, the "perceived south setback" would be more in the range of 28-30 feet. b) Vehicular access/CDOT access oermit/South Frontage Road improvements - The vehicular entrance to the parking garage is proposed to be located in approximately the same location as the existing eastern-most parking lot entrance. The project 7 landscape architect, Sherry Dorward, has been communicating with the Colorado Department of Transportation regarding the required State access permit. Additionally, the CDOT has indicated that they would allow the placement of landscaping within the State's right-of-way. C) Pedestrian access (sidewalks. crosswalks, building entries) - It is intended that the main pedestrian access to the new Police addition will be via the existing Municipal Building. All public parking is proposed to be located between the Municipal Annex and the existing Municipal Building. It is intended that public access to the Police addition will primarily be from the existing western entrance to the Municipal Building, and secondarily, from the new pedestrian entry, which would be adjacent to the proposed elevator tower on the south side of the project. To aid in pedestrian safety and access to the Municipal Complex, a pedestrian crosswalk is proposed as a part of the Police addition. The crosswalk is proposed to be located adjacent to the Scorpio Condominiums and would direct pedestrians to the new pedestian entry facing the South Frontage Road. A proposed sidewalk would tie the new pedestrian entry with the existing surface parking lot to the west of the Municipal Building. d) Landscaoina and aradinq - At this time, a landscaping and grading plan has not been submitted for this project. Sherry Dorward has indicated that all the large evergreen trees, located to the east of the existing Municipal Building, would remain with this project. 2. Architectural Considerations a) Mass and bulk/scale and comoatibility with the existing Municipal Buildina and with the surrounding area - The staff believes that the current design of the Police addition, which has been completely redesigned to reduce the mass and bulk of the project, achieves a scale that is very compatible with the existing Municipal Building, and with adjacent structures in the area. We believe that the design team's responsiveness to the comments and concerns expressed by the PEC, the DRB and the staff is very positive. The staff believes that the facade modifications to the existing Municipal Building, which are indicated on the elevation drawings, should be a part of this project. These changes are necessary to architecturally tie the new addition with the existing 8 structure. In addition, we also believe that modifications will need to be made to the existing western entry to the Municipal Building so that it is clear to the public that this is the primary entry into the Municipal and Police Building. b) Buildina materials - As proposed, the building materials for the Police addition would be compatible with the existing Municipal Building and with the alpine character of Vail. 3. Development Standards a) Parkina. - The two methods of calculating the parking requirement for the project, as indicated in the parking analysis above, indicate a difference of seven parking spaces. The staff is recommending that the PEG utilize the most conservative approach when determining the parking requirement for the proposed Police addition. We would recommend that the PEC review the parking analysis utilizing the "number of employees" approach, which would require a total of 104 parking spaces for all the municipal functions on-site. Using the "number of employees" method, the project would 1101 require a total of 109 spaces, and would provide 5 parking spaces for use by the general public (at a minimum). Overall, there would be exactly the same number of parking spaces as currently exists on-site. Although the overall number of Town employees is not proposed to be increased beyond the existing level, it should be noted that the proposal suggests that the new structured parking, and the eastern-most surface parking lot, be used exclusively as secured Police parking. The existing eastern-most surface parking lot is currently utliliized by the Police, as well as by Town employees who work in other departments within the Municipal Complex. The staff has some concern about a potential parking shortage if all non-Police Municipal employees, as well as the general public, are required to park west of the Municipal Building. It may be appropriate to designate some Town of Vail employees to park in the eastern-most surface parking lot to utilize these spaces as much as possible and to reduce parking congestion in the other two parking lots. b) Buildina height - OK C) Setbacks - At this time, a landscape and grading plan has not been submitted and the staff would like to wait to comment on 9 this information. Essentially, we believe that the proposed setbacks are reasonable, with the understanding that a very strong landscape plan will be submitted which will buffer and soften the project. d) Site coveraae - OK e) Landscaoina - See Setbacks above. f) Trash Facilities - The current proposal calls for the trash facility to be located immediately to the west of the Police parking entrance. The trash storage area would be completely enclosed and truck access to this area appears workable. 4. Floor Plans a) Comoatibility with the existina Municipal Buildina. - The staff believes that the proposed floor layout of the Police addition will be compatible with the existing Municipal Building, as the main hallway through the existing Municipal Building will be at the same elevation as the upper floor of the Police Building. The main lobby for the Police Building is also proposed to be located on the upper floor to facilitate public access. b) Comoliance with the Americans with Disabilities Act (ADA) - An elevator is proposed to be added to the Police addition and would be located just southeast of the existing interior stairs in the Municipal Building. The location of the new elevator is situated such that both levels of the existing Municipal Building, as well as both levels of the Police addition, will be completely accessible to disabled persons. 5. Comprehensive Plan a) Land Use Plan - The Town of Vail's Land Use Plan has identified the Municipal Complex site as being in the land use category entitled Public/Semi-Public. This category includes schools, post offices, water and sewer storage facilities, cemeteries, municipal facilities, and other public institutions. The staff believes that the following goals and policies of the Land Use Plan are applicable to the Municipal Complex and the proposed Police addition: 6.1 -Services should keep pace with increased growth. 10 6.2 -The Town of Vail should play a role in future development through balancing growth with services. 6.3 -Services should be adjusted to keep pace with the needs of peak periods. b) Recreation Trails Plan - The Recreation Trails Master Plan indicates that pedestrian crosswalks should be provided immediately adjacent to the Municipal Complex. Additionally, the Trails Plan indicates that a sidewalk should be located along the south side of the South Frontage Road, from the Vail National Bank east to the Alpine Standard Service Station. 6. Environmental a) Noise/Exhaust fans from Darkina aaraae - The exhaust fans are proposed to be located on the north elevation of the new Police addition. At this time, a proposed north elevation has not been submitted for review. However, any noise generated by the exhaust fans will need to meet the Town of Vail's noise standards. 9 pec\memoslpolice.208 n 11 r ?.: 1?2- TOWN OF FAIL MUNICIPAL COMPLEX MASTER PLAN POLICE DEPARTMENT PARKING REQUIREMEN TS Mid Day ' Swing 'l DIVISION Watch 1 O'lap Watch 2 lap O Watch 3 ap O Administration , Chief of Police Staff Staff Suooort Lieutenant Staff Sergeant Records Communications 2 CoAm. mr,& j ' ... Ooerations Patrol Lt. t ! I - . ?' Investigation Patrol. 5 __.. _.' Investigations Community Ser. CKlme FtLiV1,rri01t r TOTALS I ._ . ximum Overlap ?j I Ma a?3. 3? 12. s Parking Required at maximum overlap Reserve/ Volunteers -- '° Marked Police Cars 13 Unmarked Police Cars °- ? Impound/ Others TOTAL POLICE PARKING -- '? . VISITOR PARKING .O TOTAL PARKING -- • v ??'871td -N'"s e??cT i3 ? J- 11 i?l p / ® n ry ? S? t p _ !y t ? 9 0 4 E y. , I IT _ T?o _ ?' ?: Nt Se6=r rJ ?n.tn ,o. ne ( °Gi/ Nmpcvc:-) H.V. ? ErNrP- P•??K/,UCy SELOW s'sr. s?r• O Oil f I. I-? J V IF - J '_f ' J? J Ii sraa. sro`. "_ ,K ..+ . .. s l.'F G%R1771JEr ? o! 1 _ ulC+sa?GS J?U:O.45T17.' _ J ( p ? k I o ???:? ! v? so- In r cQ1iF- %I ?'r ° a'SnrslGff I .' ?zexzY {„?SP• -rECY-+x^I />c:F ?i ?f4-SGG15 7a65° p 1 _ _ l ? ? ? Snltt- 4 cot?J' Par g `j (f k mss-/- ?_ 9205; £XS?Xf/ t.??' . FcrP• D?.? rao. ? ??KhTIGtVV / F?CGf'-a5 u(I --1 Al '+UNlC(fgL ?w?/sxs sTAt? ..o j.TJ ! t J9 I r ? ?"`;^r F/GCB I ?rvnn:? P•fP 2-1 7, . tkt}k 1111111 c.- ,t ?? 14t4 /92:f* r6?? 1 rC-of.- I ILI N ? ?r 0) !s^t?C?1J!?? 1?.5C?4 • • a • • ?t 0 0 0 I ' 41 a ? {f i r :. 1 ? I i ,x ? x r? is t x .? _? ? x=4r ? ? ?? - Y????? ?':?,?+.' ? '. ????/":I i:'?%j•i'%f: %-.`i 1 t?fJ/.: % :r;!. ?v!vr'i . l--6VA1C- -791 1+??ir gC=? J A v e a MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a conditional use permit for a bed and breakfast located in the Residential Cluster Zone District, at 1850 South Frontage Road West/Lot 3, Alpine Creek Townhouse Subdivision. Applicant: Dr. Richard Engel and Gertrude Olson Planner: Shelly Mello 1. DESCRIPTION OF THE PROPOSED USE In December of 1989, the Vail Town Council passed Ordinance No. 31, Series of 1989 to allow Bed and Breakfasts in the Town of Vail. The definition in that ordinance states: "A Bed and Breakfast means a business which accommodates guests in a dwelling unit in which the Bed and Breakfast proprietor lives on the premises and is in residence during the Bed and Breakfast use." The applicants have applied for a conditional use permit to allow them to use two bedrooms in their home, which is located in the Residential Cluster zone district, for a Bed and Breakfast rental. The area to be used for bed and breakfast contains a total of 500 square feet. Two guests could stay in each bedroom for a total of 4 guests. 11. CRITERIA AND FINDINGS Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factors: A. Consideration of Factors: 1. Relationshio and impact of the use on the development objectives of the Town. The Town Council encourages Bed and Breakfasts in the Town of Vail as a favorable type of lodging for tourists. 2. The effect of the use on liaht and air, distribution of oor)ulation. transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Four guests can be accommodated at one time, and it is unlikely that there would be more than two guest vehicles. There is a Town of Vail bus stop in the vicinity. It is felt that the impact on the use of parks and recreation facilities and on transportation facilities would be minimal. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safetv and convenience, traffic flow and control, access. maneuverability. and removal of snow from the street and parkina areas. It is likely that there would be two additional vehicles driving to the residence. Staff feels that this would be an insignificant impact upon traffic. 4. Effect upon the character of the area in which the proposed use is to be located, includina the scale and bulk of the proposed use in relation to surroundina uses. The staff feels that the character of the area will not be negatively impacted by the addition of a Bed and Breakfast in this area. No exterior changes to the residence are proposed to accommodate the Bed and Breakfast. 5. Bed and Breakfast Operations may be allowed as a conditional use in those zone districts as specified in Title 18 of the Vail Municipal Code for Ordinance No. 31. Series of 1989. Bed and Breakfast Ooerations shall be subiect to the followina requirements: a. Offstreet designated parkina shall be reauired as follows: One space for the owner/proprietor plus one space for the first bedroom rented olus 1/2 space for each additional bedroom rented. The property contains two enclosed and one exterior parking spaces. This is a single family residence so there is no additional parking demand on the site. b. Enclosed trash facilities and reaular garbaae removal service shall be orovided. There is regular trash pick-up for the project. C. Removal of iandscapina for the provision of additional parkina is stronaly discouraaed. 2 There will be no removal of landscaping. d. Each Bed and Breakfast shall be allowed one residential name plate sign as defined and regulated by the Town of Vail Sian Code. A name plate has not been applied for at this time. e. If a Bed and Breakfast operation shall use orooerty or facilities owned in common or jointly with other orooerty owners such as parking spaces or a drivewav in duplex subdivisions by wav of example and not limitation, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a conditional use permit. The applicant has obtained approval from the Homeowner's Association for the project. IV. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit for a Bed and Breakfast operation: A. That the proposed location of the use is in accord with the purposes of this Ordinance and the purposes of the district in which the site is located. B. 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. C. That the proposed use would comply with each of the applicable provisions of this Ordinance. V. STAFF RECOMMENDATION The Community Development Department staff recommends approval of this application for a Bed and Breakfast operation. Staff finds that all applicable review criteria and findings have been satisfactorily met. 3 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a Conditional Use Permit to allow for an outdoor dining deck for the Uptown Grill Restaurant, located at 521 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead, First Filing. Applicant: Joel Fritz and Richard N. Brown Planner: Tim Devlin 1. DESCRIPTION OF THE PROPOSED USE The applicant is proposing to create an outdoor dining deck adjacent to the east entry of the Uptown Grill Restaurant, in the area surrounding the "Bird of Paradise" sculpture. The Uptown Grill is part of the Vail 21 Building, and the property is zoned Commercial Core 2 (CC2) District. Outdoor patios (dining decks) are allowed in CC2 as a conditional use per section 16.26.030 of the Municipal Code. Please note that presently an outdoor dining deck exists on the south side of the restaurant. If approved, the outdoor dining deck seating will be available for year-round use and is proposed to have an espresso cart located on it from which coffee products would be sold. The staff considers service carts of the type proposed by the applicant to be a part of the restaurant operation, thereby allowing it to be placed on an approved outdoor dining deck. Once the dining deck is approved, the espresso cart will be subject to Design Review Board approval. The dining deck is proposed to have approximately 10-12 tables with seating for 40-48 persons. A site plan is attached showing the location of the proposed deck. It should be noted that the Art in Public Places committee has allocated funds to move the "Bird of Paradise" approximately 36-40 inches to the east of its present location. The boundary of the deck is proposed to be of the same type used to define the dining deck on the south side of the restaurant, which is a lattice-type fence with planter boxes located on top. Please refer to the attached site plan and photograph of the proposed fence. 11. ZONING CONSIDERATIONS The Town of Vail zoning code does not stipulate the need for any additional parking spaces for outdoor dining decks. None of the other zoning or development standards would be affected with this proposal. Ill. RELATED POLICIES OF THE VAIL LIONSHEAD URBAN DESIGN GUIDE PLAN AND URBAN DESIGN CONSIDERATIONS The proposed deck is consistent with the following Lionshead Design Considerations. There are no Urban Design Sub-Area Concepts related to this area. The site is zoned Commercial Core 2 and the following guidelines should be used in reviewing the proposal: Decks and Patios: Guidelines: E.1. ,"Functional decks or patios primarily for dining are strong street life elements in Lionshead and are highly encouraged, on either the ground or second floor level.," Discussion: "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." Guidelines: E.2. "Decks and patios should be sited and designed with due consideration to: sun, wind, views, pedestrian activity, accessibility." Discussion: "A review of successful decks/patios in Lionshead reveals several common characteristics: direct sunlight from 11:00 a.m. to 3:00 p.m. and protection from wind increases use by many days per year; elevated 2 to 3 feet to give views into the pedestrian walk (and not the reverse); physical separation from pedestrian walk of 2 to 6 feet (a planter is more effective than a wall); overhang gives pedestrian scale/shelter." Accent Elements: F.1. "Judicious use of colorful accent elements, consistent with the existing character of Lionshead are encouraged, such as: ...Awnings and canopies - canvas, bright color or stripes of two colors; Umbrellas - over tables on outdoor patios; Annual color flowers - in beds or planters, in balcony or window boxes; Judicious use of bright colors to accent trim (pinstripe, scrollwork, etc.) will be acceptable.,, IV. CRITERIA AND FINDINGS Although the proposed dining deck is consistent with the Lionshead Design Considerations discussed above, the staff feels that the deck should be located completely to the west of the "Bird of Paradise" sculpture for the reasons discussed below. Therefore, upon review of Section 13.60 - Conditional Use Permits of the zoning code, the Community Development Department recommends denial of the conditional use permit for the dining deck as proposed 2 based on the following factors: A. Consideration of Factors: Relationship and impact of the use on development objectives of the Town. The staff feels that an outdoor dining deck in this area would be a positive addition to this area of Lionshead. The outdoor dining deck will add street activity and color to this corridor if designed properly. However, the staff feels that the deck should be located entirely to the west of the "Bird of Paradise" sculpture so as to not impede pedestrian access to the sculpture or access through the space between Krismar and Colorado Insight. The applicant maintains that the deck, and especially the espresso cart, needs to extend to the east of the sculpture to give the business exposure and visibility to pedestrians in the area. The staff feels that the dining deck should be in close proximity to the Uptown Grill so that it is associated with the restaurant. The staff feels that this association will occur most effectively if the deck is contained in the area west of the "Bird of Paradise." 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public needs. The staff feels that the "Bird of Paradise" sculpture should remain fully accessible to the general public and should not be located within the confines of the proposed outdoor dining deck. Further, the staff feels that the boundary of the deck should be no closer than six feet from the sculpture to allow for unimpeded pedestrian access. Aside from this concern, the staff does not feel that this proposal negatively effects the other above listed criteria. 3. The 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 street and parking areas. The staff believes that the deck as proposed will hinder access to the sculpture (as discussed above) and will impede pedestrian traffic moving through the area between the Lionshead Parking Structure and Lionshead. The Public Works Department has also recommended that the deck be located entirely to the west of the sculpture to minimize any negative effects on pedestrian traffic flow. Public Works has also expressed concern that snow removal and snow storage for the area needs to be addressed by the applicant. 4. Effect upon 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 the surrounding uses. The staff believes an outdoor dining deck in this area would have a positive effect upon the character of the immediate area. However, the staff feels that if the deck is allowed to extend east of the "Bird of Paradise" sculpture, the sculpture would be less 3 accessible to the public and that pedestrian traffic flow through the area would be negatively impacted. The staff feels that the proposed lattice fence and planter boxes are attractive and recommends that the planter boxes be utilized in both the summer (annual color flowers) and winter (i.e. evergreen boughs and lighting). V. FINDINGS The Plannina and Environmental Commission shall make the followina findings before grantina a conditional use aermit. 1 a That the proposed location of the use is in accord 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. VI. STAFF RECOMMENDATIONS The staff recommends denial of the request for a conditional use permit for the outdoor dining deck as proposed, as we believe the request does not meet the findings in Section V as described in this memo. The staff could support of a modified version of the proposed dining deck if it were located entirely to the west of the "Bird of Paradise" sculpture for reasons discussed in Section IV of this memo, and if the applicant is able to successfully address Public Work's concerns regarding snow removal and snow storage. The staff feels that the proposed lattice fence and planter boxes are attractive and recommends that the planter boxes be utilized in both the summer (annual color flowers) and winter (i.e. evergreen boughs and lights). 4 • i . i EXHIBIT A i . J69 ! S MA (Z p ' , ff??? ep . J ?r'15?I?fZ ?N?'?l I 1° d Y S ?f X 6' )vrey t 7. L) • w/m/ A4&,rtw ow rep E f ? v€ EXHIBIT A ? mot. ,t PTQu!. t?t._. ? ! '` 1 leg!SMA(2. ?¢ rF pt « Pt r x 1 ?QtS?f? C"NTi? _ ENt?Y 7.L) TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a major amendment to Cascade Village, SDD #4, Area A, Millrace III, 1335 Westhaven Drive, Cascade Village, more specifically described as follows: A part of the SW 1/e, NIE 1/4, Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point of the North-South centerline of said Section 12 whence an iron pin with a plastic cap marking the center of said Section 12 bears S00138'56"W 455.06 feet; thence along said centerline N00138'56"E 122.81 feet to the southerly ROW line of I-70; thence departing said ROW line N66°53'25"E 39.15 feet; thence departing said ROW line S81°23'19"E 165.42 feet to a point of curve; thence 122.83 feet along the are of a 143.20 foot radius curve to the left, having a central angle of 49108'51" and a chord that bears S15°57'45"E 119.10 feet; thence S40°32'10"E 100 feet; thence 66.30 feet along the are of a 77.21 foot radius curve to the right, having a central angle of 49°12'10" and a chord that bears S15°56'05"E 64.28 feet; thence S8°40'00"W 90.27 feet; thence N38°42'24"W 224.55 feet, thence S78110'32"W 101.44 feet to the Point of Beginning. The applicant is seeking approval of a major amendment to Cascade Village, SDD No. #4, Area A, Millrace III, in order to construct one duplex and one single family residence on the .819 acre (35,676 sq. ft.) Millrace III site. Each unit is approximately 2,000 sq. ft. in size and will have a two-car garage and a gas fireplace. The buildings will have a maximum building height of approximately 35 feet and a total site coverage of 3,907 sq. ft. Since this property is currently unplatted, the applicant must also receive approval of a minor subdivision prior to the issuance of any building permits related to this project. Following the construction of the residences, the applicant will file single family and duplex subdivision plats. The Millrace III property is bounded by Westhaven Drive on the East, the South Frontage Road right-of--way and the Westhaven Apartment property (the ruins) on the north, Gore Creek on the south, and the Cascade Club tennis court property on the west. The property is currently vacant with the exception of two paved parking areas, one unpaved parking area and the paved recreation path. The former owner of this property has allowed the Millrace Condominiums to maintain and use this property for parking for a number of years. I However, the Association does not have any legal right to use this property. It appears the Millrace III property has been zoned SDD since the time it was annexed into the Town of Vail in 1974. Access to this property will be from Westhaven Drive, which runs along the eastern property line. Il. BACKGROUND In March of 1980, a development plan per the SDD was approved for this property by the DRB. Under the approved plan, development was to occur in a single triplex building. The total GRFA for the building was calculated at 5,660 sq. ft., according to the definition in effect at the time. This figure equates to 6,355 sq. ft. of GRFA if calculated using today's definition. The maximum height of this building was 36 feet and the total site coverage was approximately 3,800 sq. ft. Approval of this plan has since expired. In May of 1992, the applicant requested a work session with the PEC in order to receive feedback on his conceptual plan to place three single familv dwellings on the property. Each of these units was approximately 2,000 square feet in size with a combined site coverage of approximately 3,800 square feet. Two of the units were proposed to be three levels high with the last unit being limited to two levels. At a PEC worksession on December 7, 1992, Mr. Lauterbach presented a new scenario for developing the property. The conceptual site plan showed a duolex building near the southern end of the site and a single familv residence at the northern portion of the site. Each of these units was proposed to be approximately 2,225 sq. ft. in size and the combined site coverage of the project was 5,570 sq. ft. The purpose of the December 7, 1992, worksession was to receive direction from the PEC regarding a number of development parameters. The PEC agreed that the single family/duplex approach would be acceptable as long as the building sizes could be consolidated to reduce site coverage and overall lot disturbance. The Planning Commission agreed not to count overlapping stairs as GRFA in the new development scenario. Another item discussed by the PEC had to do with setback requirements from Westhaven Drive and the recreation path. The PEC felt that a minimum setback of 8 ft. would be desirable along Westhaven Drive with a 12 ft. setback from the recreation path. The Planning Commission discussed abandonment of the existing recreation path easement which does not line up with the actual location of the path. The Commission agreed to abandonment of the easement provided that a new 15 ft. wide easement be platted directly over the existing recreation path at the time of minor subdivision. The final comments from the. Planning Commission at the December 7, 1992 meeting had to do with minimum distance between buildings and the proposed building locations. The Planning Commission felt that the two buildings could be as close as 12 ft. between building foundations, however the PEC requested that the locations of the single family residence and the duplex be switched so that the duplex is located on the north side of the lot. At the January 25, 1993 PEC worksession, Mr. Lauterbach presented his new scheme for the property which took into account many of the comments made by the PEC at their December 2 7, 1992 meeting. The plans submitted at this worksession were much more detailed than had been previously provided (i.e. scaled floor plans, elevation drawings, landscape plan, etc.). Upon review of these new detailed plans, the staff and the PEC suggested additional revisions that the applicant should make prior to requesting final SDD Amendment approval. These revisions involved the reduction of GRFA, site coverage and building heights from those shown on the plans, preservation of the Gore Creek riparian zone, architectural changes to the buildings, and Westhaven Drive improvements. With regard to protecting the Gore Creek riparian zone the PEC agreed to allow Mr. Lauterbach to move his buildings closer the front property line than the previously imposed 8 ft. setback limit. The PEC felt that the building setback reduction would be acceptable in light of the distance between the front property line and the edge of the Westhaven Drive pavement. The PEC felt that the trade off between having the buildings so close to the road and protecting the Gore Creek natural area was acceptable. The applicant has addressed each of the recommendations raised at the January 25, 1993 meeting and now wishes to be considered for final SDD Amendment approval. III. ZONING CONSIDERATIONS Each of the development parameters have been compared with the previous approval (1980 triplex) and the plan being proposed today. Section 18.46.050 - Permitted Uses Allowed: The applicable uses permitted in Cascade Village at this location include single family dwellings, two-family dwellings and multi-family dwellings. Previous Approval: One triplex building Proposed: One duplex and one single family residence. Section 18.46.103 - Development Statistics for Area A (Millrace III) Allowed: Three dwelling units, 6,000 sq. ft. GRFA, six on-site parking spaces. Previous Approval: Three dwelling units (triplex) 5,660 sq. ft. of GRFA (calculated according to the definition in place in 1980), 6,355 sq. ft. of GRFA (calculated according to today's definition), 6,063 sq. ft. (calculated according to today's definition, not including overlapping stairs), and three on-site enclosed parking spaces. Proposed: Three dwelling units, (1 duplex and 1 single family) 6,422 sq. ft. of GRFA (calculated according to today's definition), 5,972 sq. ft. (not including 3 .7 overlapping stairs), and six on-site enclosed parking spaces. Section 18.46.120 - Setbacks Required: The minimum required setback on the peApherv of all of Area A shall be not less than 20 feet ... 50 foot stream setback from Core Creek ... Previous Approval: In 1980 when the triplex building was approved both the recreation path and the northern property line did not exist. The building was setback 15 ft. from the front property line and 30 ft. from the centerline of Core Creek. Proposed: The proposed plan shows that the duplex building is setback 15 ft. from the north property line (adjacent to the ruins), 12 ft. from the recreation path, 53 ft. from the centerline of Core Creek and 3 ft. from the front property line adjacent to Westhaven Drive. Section 18.46.140 - Height Allowed: 48 feet Previous Approval: 36 feet Proposed: 31 feet (duplex) and 36 feet (single family) E Section 18.46.160 - Site Coverage Allowed: Previous Approval: Proposed: 35% (12,486 sq. ft.) 10.710 (3,800 sq. ft.) 10.9% (3,907 sq. ft.) Section 18.46.170 - Landscaping Allowed: 50% (17,838 sq. ft. minimum) Previous Approval: 82% (29,200 sq. ft.) Proposed: 82'x/0 (29,400 sq. ft.) Section 18.46.180 - Parking and Loading Required: 75% of all required parking shall be located within the main building or buildings, and hidden from public view from adjoining properties within a landscape berm. Previous Approval: 50% of all required (2 spaces per unit) were located within the main building. v 4 Proposed: 85%fl of all required parking spaces are located within the buildings. Each unit has a two-car garage. Section 18.46.190 - Recreation Amenities, Tax Assessed Required: 25 cents per square foot of GRFA must be paid in conjunction with construction but prior to the issuance of building permits. Section 18.46.280 - Conservation and Pollution Controls Required: Protective measures must be used to prevent soil erosion into Gore Creek, both during and after construction. IV. SPECIAL DEVELOPMENT DISTRICT CRITERIA The criteria to be used to evaluate this proposal are the nine Special Development District (SDD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The applicant has made several revisions to his original building design and site planning in order to respond to previous PEC worksession comments. These revisions have resulted in a better utilization of the flat buildable area on the north side of the lot, a reduction in building height from 43 ft. to 36 ft., a change in the type of roof form from gable to hip, a reduction in GRFA and site coverage, and an increase in the amount of landscaped area on the lot and reduced impacts to the Gore Creek riparian zone. Staff feels that the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the proposed development have been designed compatibly and sensitively to the immediate environment, neighborhood and adjacent properties. We would, however, recommend certain minor revisions to the buildings' architecture and the proposed site planning which we feel would improve the overall development plan. Staff has visited the site to review the proposed staking of the building locations and suggests that the southern half of the single family dwelling unit be shifted 5 ft. toward the Creek and the entire building shifted north. approximately 5 ft. We believe that this minor building location change will improve the appearance of the project as viewed from Westhaven Drive. 5 Staff's concern is that the present location of the building may present a significant unbroken plane along Westhaven Drive and this may be reduced with the building shift. Staff would suggest that the visual appearance of the north side of the single family dwelling would be improved with the addition of windows and by carrying the stone wall all the way to the end of the building. Staff would suggest that the applicant consider revisions to the west elevation of the duplex building to lessen the mirror image currently exhibited on this side of the building. Staff has observed certain minor discrepancies between the site plan, landscape plan and floor plan drawings. None of these discrepancies are significant enough to recommend tabling of the application at this time. However, staff would like to see revisions made to the plans to remove these minor discrepancies as soon as possible. An example of the differences are as follows: The deck on the west side of the southern duplex unit is not shown on the site plan. The covered entryways for both of the duplex units differs from that drawn on the floor plans. The floor plans do not reflect the large deck located on the west side of the north duplex unit. The building heights shown on the site plan do not match those exhibited on the elevation drawings. The driveway width to the southern duplex unit must be revised to be a minimum of 12 ft. wide. The landscape plan does not reflect the new driveway location being proposed for the north duplex unit. The applicant has stated that a new landscape plan will be revised after the Planning Commission meeting in order to incorporate all of the recommended changes the PIC may have. Some of the differences are due to the fact that the applicant has tried to respond quickly to staff comments. E 6 0 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses, activity and density being; proposed with this development plan appear to be compatible with surrounding uses and activities. The location and use of the existing bike path will be unaffected as a result of approval of this plan. As mentioned previously, some residents of the Millrace Condominium Association use a portion of this property for parking. The condominium owners are aware that they do not have any legal right to continue using this property for parking purposes. The applicant is not proposing any uses, activities or densities different from that originally approved as a part of the overall Area A development plan for Cascade Village, SDD No. 4. The staff has not asked for employee housing because we believe the site is too constrained to provide for more development. This SDD is also providing housing in more appropriate locations within the SDD, i.e. - Westhaven, Waterford, Cornerstone, and Glen Lyon. We are looking at the entire SDD in respect to this issue. C. Compliance with parking and loading requirements as outlined in Chapter 1.8.52. Under Section 18.52 of the Vail Municipal Code, each dwelling unit with less than 2,000 sq. ft. of GRFA has a parking requirement of 2 spaces and those with over 2,000 sq. ft. of GRFA would require 2.5 spaces per unit. Two of the three units (the single family and the north half of the duplex) within the Millrace III project are under 2,000 sq. ft. of GRFA and therefore require 2 parking spaces to be provided on-site. The parking requirement for the third unit is 3 parking spaces, as its total GRFA is over the 2,000 sq. ft. threshold. The proposed plan meets this requirement by providing attached two-car garages with each unit, plus room for several more cars in front of each garage door. D. Confu. ...ity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. The applicable goals and objectives from the Town's Land Use Plan for this area include: 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. 0 7 0 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 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. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards affecting this property which would require mitigation or restrict its development. The proposed buildings do not encroach into the 100 year flood plain or the 50 ft. Gore Creek setback, with the exception of a 1 ft. deck encroachment which is allowed pursuant to Section 18.58.060 of the Vail Municipal Code. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff believes that the proposed site design, building design, and location and open space provisions do provide a functional development, responsible and sensitive to the natural features, vegetation and overall set equality of the community. As mentioned previously, however, we do have some concerns with regard to lessening the overall construction impacts within the Gore Creek riparian zone and offer specific recommendations at the end of this memorandum. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The on-site circulation system being proposed in conjunction with this development plan is accomplished by way of three separate driveways accessing the three dwelling units from Westhaven Drive. This plan has been reviewed by the Town Engineer and found to be acceptable. As mentioned. previously, the recreation path location and use will be unaffected as a result of approval of this development plan. There are some concerns with regard to off-site circulation which have not been resolved at this time. Currently, 8 Westhaven Drive, from the South Frontage Road to Gore Creek Bridge, is not a publicly dedicated and maintained road. The road is owned by MECM Enterprises, Inc. and does not currently meet Town standards with regard to grade, construction or minimum clearance beneath the pedestrian bridge connecting the Cascade Club to the building to the south and other standards. The Town is interested in working with Mr. Lauterbach as well as the developers of the Cornerstone and Waterford projects (developments being proposed at the upper end of Westhaven Drive) and other owners within the SDD to bring the road up to Town standards and have it dedicated to the Town for maintenance purposes. Staff does not feel that it would be equitable to require Mr. Lauterbach to complete all of the road improvements necessary to bring Westhaven Drive up to standard. Instead, we feel that Mr. Lauterbach should only be required to bring that portion of the road directly in front of his property up to Town standards. The applicant has agreed to complete this work prior to the issuance of a TCO for the project. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. A significant portion of this site has been previously disturbed as a result of the construction of the paved parking areas, paved bike path and installation of a buried gas line. The applicant has attempted to locate the buildings as close to Westhaven Drive as possible in order to optimize the most buildable area of the site and preserve the remaining natural features, such as the heavily treed Gore Creek riparian zone. The proposed building placement, within 1-t/2 ft. of the front property line, makes the proposed landscape plan an especially important element of the overall development plan. The applicant has attempted to provide significant landscaping in the right-of-way in front of the proposed dwelling units while at the same time maintaining the Town's minimum site distance requirements. In addition to providing a building setback of 12 ft. from the existing recreation path, the applicant will be berming and heavily landscaping an area south of the path to help buffer future residents from path users, and vice versa. The applicant will be replatting the recreation path easement to conform with the existing location of the recreation path and will dedicate that easement to the public. Although the applicant has made several revisions to his plans in order to lessen the overall impact to the Gore Creek riparian zone, the current plan still calls for the removal of a significant number of trees and site disturbance that will impact the creek vegetation on the west side of the property. Staff believes that the applicant's proposed landscape plan goes along way toward mitigating the impacts of his development plan, however, we would recommend that additional landscape materials be added to the property. Specifically, staff would recommend additional trees and shrubs be provided 11 9 0 along the north side of the recreation path. Although the Town owns most of the tracts of land immediately adjacent to Gore Creek throughout the Town of Vail, the river corridor through the Cascade Village SDD is in private ownership. Staff recommends that a fishermen's access easement be provided approximately 10 ft. from the high water mark along the entire length of Gore Creek through this property. In order to protect the Gore Creek riparian zone as much as possible, and as specified in Section 18.46.28 (Conservation and Pollution Controls) of Ordinance No. 41, Series of 1991, Cascade Village, staff recommends that significant protective measures be used to prevent unnecessary damage and destruction of vegetation and to prevent soil erosion into Gore Creek, both during and after construction. We would recommend that the plan be amended to designate an allowable limit of construction activity and require that certain physical barriers be in place on the ground prior to the issuance of a building permit. It appears that the 50 ft. setback line would make a logical limit of construction activity, with the exception of the southwest corner of the property adjacent to the single family, where construction may be allowed to encroach 10 ft. into the 50 ft. setback line. The development plan shows a significant distance, approximately 40 ft., 40 between building foundations in order to provide a view corridor to the river area through this development. Staff supports the idea of providing a break in the line of buildings so that views of the Gore Creek natural area remain open. L Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development districts It is the applicant's intention to construct these units at the same time in the Spring of 1993, therefore, no phasing plan has been submitted for staff review. V. STAFF RECOMMENDATION: Staff recommends approval of the proposed Millrace III major amendment to SDD No. 4. As mentioned previously in this memorandum, there are still a number of concerns which staff feels should be addressed and the applicant has agreed to each of these concerns: 1. The site plan shall be amended to show a designated limit of construction activity line. This line should follow the 50 ft. setback line with the exception of the area behind the single family residence. The n 10 purpose of this line is to ensure that construction activity be limited to the area east of the line. A physical barrier along the limit of construction activity line shall be in place prior to the issuance of a building permit for the project. Staff will then make periodic inspections to the property throughout the construction to assure that no disturbance occurs west of the construction barrier. The barrier should be of a design which not only delineates the limit of construction activity, but also provides for the control of sedimentation into Gore Creek. This barrier may be accomplished through a combination of snow fencing, hay bales and fine mesh netting. 2. A 10 ft. pedestrian/fishermen's access easement shall be provided along the shore of Gore Creek. This easement should extend approximately 10 ft. from the high water mark of the creek to allow fishermen access up and down Gore Creek. This easement will be dedicated at the time the minor subdivision is approved. 3. Additional landscaping shall be provided on the north side of the existing recreation path. This vegetation in addition to that shown on the landscape plan will help mitigate for the losses being proposed as a result of the construction of the two buildings. At a minimum, 10 aspen or ash trees (3" cal. minimum) shall be provided along the path along with 10 - 20 evergreen and deciduous shrubs. 4. Since this property is currently unplatted, a minor subdivision plat must be submitted, reviewed and approved by the Town prior to the issuance of a building permit for the project. 5. The applicant agrees to provide the necessary improvements to that portion of Westhaven Drive directly in front of his property line to bring the road up to Town standards. These improvements may include, but are not limited to, curb and gutter, drainage, and a new lift of asphalt paving. 6. Certain minor modifications shall be made to the site plan, landscape plan and floor plans so that features shown on any one of the three are accurately reflected on all plans per the staff memo on page 6. These changes shall be made before the project proceeds to first reading by the Town Council. 7. The southern half of the single family residence shall be shifted 3 -5 ft. away from the road and that the entire building be shifted approximately 5 ft. further to the north. E 11 "Ale W. ? fI d ? 1 1 / f r 0 . i /? f J / f I l l ? ??/ t Ott { I? ?S1iri ? ' ?fl 111I 1 I10 ti{ ? C?ifjI • 040 ,? ? ltd W? o N p ?av 1 0 ° j_ i -7 _ i O p _ O 1 ;OD ?, - r ? I ?° E-j ? - ?? I I 1 I s° sI? R P44 i , ca e--1 ty e-1 e ? ts, agla = a4'•v - sSo So'.o too Is Lower Entry Upper 0 ! -I _ North-- LEE7 ?. i-11.4 III ? f ??? south - =$: LL f Nest i. I O'! -East H ? N ?+ A ce aG - txc. {s. Ian 1>?u.11. Yfls _3 -mil a Dd- e c !?Ca1LGL ?? 10 IiJ? 7 ]o no 1.r c 2f -6 Lower a{??9. 44°4 9?0o W°.o I? I i a `7 I e Ll o h . 1 Q Q-1 I? O p 0 w al a 9 0 H ? ai P4 ;4 0 cU3A? .. taEC.ac.a'? 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Q ? y v 4 r ab t ?c C G c ?d ?- ?a c? 44 7-t (/. f t-4 v c S o.- d, i- o to k-? ?Jl ftl 4 / r 1 V'I R 4t 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a work session to discuss possible setback variances to allow for the addition of an enclosed garage and additional GRFA to the duplex located at 4582 Streamside Circle/Lot 1, Distelhorst Subdivision. Applicant: Drs. Fred and Ines Distelhorst and Kyle Webb Planner: Jim Curnutte 1. DESCRIPTION OF THE REQUEST The applicants are requesting a work session to discuss possible setback variances to allow for the addition of a two-car garage and additional GRFA within the front and side setbacks on the east half, and the addition of GRFA in the side setback on the west half, of the duplex located at 4582 Streamside Circle/Lot 1, Distelhorst Subdivision. The lot is currently zoned Two Family Residential (duplex) which has a setback requirement of 20 ft. in the front and 15 ft. along the side and rear property lines. The building currently encroaches into the front and west side setback areas. The existing building encroachment into the front setback is approximately 15 ft., or to within 5 ft. of the front property line. The extent of the building encroachment into the west side setback is approximately 12 ft., or to within 3 ft. of the west property line. Portions of the western half of this duplex are also currently located in a 20 ft. wide sanitary sewer easement. The applicant has provided a letter from Fred Haslee, Regulations Administrator for the Upper Eagle Valley Consolidated Sanitation District, which indicates that the District has reviewed the plans and is willing to grant an "Encroachment Agreement" for those portions of the remodel proposed to be located within the easement. Mr. Haslee has further indicated that the District will soon be realigning the easement further to the west and south to cover portions of the sewer line that are not in the easement. The variances being proposed are a part of a major remodel to the duplex located on Lot 1. The west unit currently has 1,220 sq. ft. of GRFA and the east unit has 562 sq. ft. of GRFA. The proposed addition would result in a net GRFA gain of 5 sq. ft. on the west side and 2,071 sq. ft. on the east side. The allowable GRFA on this lot is 5,028 sq. ft. After the remodel, 1,170 sq. ft, of GRFA will be available. The proposed remodel to the west side of the duplex involves the expansion of the main level dining room. This addition will be located directly above the existing storage shed/crawl space access. Above this expansion will be loft area with three large windows to allow for additional light into the living area. The east side addition calls for a bedroom and storage rooms on the new lower level, a new two car garage and expanded kitchen, living and dining rooms on the entry level and three bedrooms and two bathrooms on the new upper level. East side setback variance requests Front and side setback variances are being requested to allow for the proposed remodel to the east side of the duplex. That portion of the remodel which encroaches into the front setback area involves the construction of a two car garage on the first floor and a portion of two bedrooms and a balcony on the second floor, directly above the garage. The proposed garage and bedrooms encroach a maximum of 7 ft. into the front setback area and approximately 2-1/2 ft. into the east side setback area, however the building's 8 ft. overhang on the east side encroaches approximately 5-1/2 ft. into the side setback. Section 18.58.040 (Architectural Projections) of the Vail Municipal Code allows roof overhangs to encroach up to 4 ft. into a required setback area. However, since the building overhang in this particular location is approximately 5-1/2 ft. from the building, the last 1-1/2 ft. of this overhang must receive variance approval in order to allow for its construction. As exhibited on the attached site plan, there are certain building features located within the east side setback area (i.e. covered entryway and associated support columns and access stairs to the deck), however, these encroachments are allowed to project 4 ft. into the setback area without requiring variances. The setback variances would allow for a 7 ft. encroachment into the 20 ft. front setback for the garage and second floor bedroom and a 1-1/2 ft. encroachment, beyond the 4 ft. allowable, into the 15 ft. side setback for a roof overhang. West side variance request The requested variances associated with the west half of the duplex are for the addition of GRFA located at and above an existing storage shed on the west side of the building. This shed is currently used for storage as well as access to the unit's crawl space. The proposed remodel would not enlarge the horizontal dimensions of the existing encroachment. However, this addition will be carried all the way up to the building overhangs. It is this second and third story addition which is prompting the need for obtaining a variance. It should be pointed out that the new second and third level encroachment on the west side does not project further west than the existing building overhang. The setback variance Is to allow for a 12 ft. encroachment into the 15 ft. west side setback. II. BACKGROUND The Distelhorst duplex was built in 1967, in Eagle County, prior to annexation of this 2 area into the Town of Vail. The building is considered to be a pre-existing non- conforming use. The applicant has stated that at the time of construction of the building, Eagle County's setback requirements were 5 ft. and Streamside Circle had not been widened to the full extent of its 50 ft. right-o-way. III. ZONING ANALYSIS Zoning: Total Site Area: Allowed Density: Existing and Proposed Density: Two Family Residential (Duplex) 19,275 sq. ft. Two dwelling units Two dwelling units Allowed GRFA: Existing GRFA: Proposed GRFA: Maximum building height allowed: Existing building height: Proposed building height: Allowed Site Coverage: Existing Site Coverage: Proposed Site Coverage: Required Parking: Proposed Parking: Minimum Landscaping Required: Existing Landscaping: Proposed Landscaping: IV. CRITERIA AND FINDINGS 5,028 sq. ft. 1,782 sq. ft. 3,858 sq. ft. 33 ft. 24 ft. 28 ft. 3,855 sq. ft. (20%) 1,240 sq. ft. ( 6%) 2,140 sq. ft. (11%) 4 spaces (currently located off-site) 5 spaces (3 spaces for the east half located on-site and 2 existing spaces for the west half located off-site) 11,565 sq. ft. (60%) 17,125 sq. ft. (89%) 16,175 sq. ft. (84%) The criteria and findings to be used to evaluate this proposal are set forth in Section 18.62.060 of the Vail Municipal Code. The criteria and findings are as follows: A. Variance Criteria: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict and literal interpretation and 3 enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation, traffic facilities, public facilities and utilities, and public safety. B. Variance Findings: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exception or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. C. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owner's of other properties in the same district. V. ITEMS FOR DISCUSSION Although staff feels that there is sufficient cause to support the specific variances being requested by the applicants, we do have some reservations with regard to certain aspects of the proposed remodel. Staff has requested that the applicants discuss these issues at a work session in order to receive comments and specific direction from the PEC. The areas of concern are as follows Prooosed removal of existing trees The proposed remodel involves the removal of several large trees currently located on the east and south sides of the east unit. To the east is a group of three Engleman spruce trees. These trees are approximately 25 ft., 25 ft. and 35 ft. high. To the south is a 2 ft. diameter Engleman Spruce, which is approximately 50 ft. high, and a small deciduous tree. The applicants have stated that although they have considered 4 various ways to save the trees, they are unable to do so and would like to remove them. Although staff was specifically concerned about preserving the 50 ft. tall spruce tree south of the building, it appears that it would be difficult and possibly require that the building be relocated into the side setback to avoid the tree and wetlands. Todd Oppenheimer, the Town of Vail Landscape architect, has indicated that in order to truly "save" the tree, no portion of the building may be located within the tree's "drip line". The drip line is the area below the tree canopy. The three trees on the east side of the building, however, may be preserved with only minor modifications to the proposed plans. Staff would recommend that the location of the proposed building walls nearest these trees be pulled back several feet in order to preserve the trees. This will require the redesign of the east unit entry. Prooosed wetlands encroachment The plan shows a proposed 12 ft. x 14 ft. deck located south of the expanded building. Although the applicant has cantilevered the deck as much as possible, the support columns are still encroaching into a wetland area. Also, even though the deck is located approximately 7 ft. above grade, it appears that it will have a negative effect on the existing willows in the wetland area. Staff suggests that the length of the deck be reduced and the support columns be relocated out of the wetland area. Also, staff would like the applicant to consider relocating the deck further east in order to lessen the overall wetlands impact on this side of the building. Additional landscaoina The applicant has provided a very good landscape plan, however, it would not appear that the amount of landscaping being proposed adequately compensates for the amount of vegetation being lost as a result of the remodel. Staff requests that the applicant add a cluster of 3 aspen trees (3" min. caliper) to the planting area in front of the west unit and 3 additional spruce trees (8 ft. - 12 ft. min.) in the area east of the proposed remodel. These trees may be placed on Lot 2 if deemed appropriate by the PEG and the applicant, as the appliccant owns both lots. Although staff generally recommends the addition of trees in the immediate area of a variance request, we do not believe that the area between the west side addition and the west property line is of adequate width to support additional plantings. This 3 ft. wide strip provides the only available access to the rear of the west side property without trespassing onto the adjacent lot. 5 e ?•-4MtW poi. hPu r}f i i I EXPiTtt?C. cY?WL4p.?G.G ,f tntiux z' b CLG. - s aT?FwY Gxi. L?U. mt..-- ? t ?1 -- l? n, r + Cacr? ?W. t_.e?,?4t-f LtvtL fL - ^t4 Kyle H. 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Webb Designer ---5 Drawer 1052 4all, Colorado 81657 303.479.0265 t1'?tl pG6 5XI.O TLOI.I},f. ben It.,? ? SFbw ve,w+r - ? ? 61 m+4Fa.IG6.. 0 ?hPr4r?T Pert lea v+P114?+T O a oprwtial?rN, r...w.2 AMr1Y40, L. v 00 oa ? ..-~ 48®l.t pub. !a` Is 4 x e a r=xrmr4s ? ?. Q m r UI J _ ?- - - -- ---- - Q t ? a6 L l t ' Ars .09,00 2.0 s , 0/11), /rv?`? STAIRS/LANDING L=47• 8x85.1' Oa 1?? 8504.4'} (GROUND), rV-1 (PEAK) ` ,.?7 12.2 DECK 3 1 z STORY WOOD/STUCCO 1.5' SIDED DUPLEX 00 2 co 32 ?fER MANHOLE I 2 J. .6' FOUND PIN & CAP _ $476 ?V. = 8469.7' F" 6.2 3.0 LS. No. 16844 r ELEVATIONS l ` DECK MAIN FLOOR EDGE OF PLG-iEf7 7-1 ELEV. = 8487.3' b DRIVE & S'f -K f ! 78 8.2 ?° rn 76 7.0 W? Sa` 10' y 3.0 STAIRS/LANDING 35.2 [t o 2357'45 / 1 f 31 16%- PARKING AND DRIVEWAY / V EASEMENT FOR I LOTS 1 & 2 ADC 84 IF// 0.5' 1 4.4 2.0' Gi (jy i 76. cn FOUND PIN & CAP p (A EDGE L.S. No. 16844 in --- rn SANITARY SEWER- LOT EASEMENT 1 LOT r"I s ? ___ ?hll'y?' ? ?A1e8rl?!<!ti' r `mom. ,,? ?M YF: ft?4Mt? Ys . " ?? T ?1 r??y f _ Yl?c?. IL 1'It M f N4 Ww lob, .. ?rvs CI}?Gk.at? r \-I- /r`/ // - 41a'V : 4'o mL a**04, C04."O m it ,? tsw..a? ?I,,.?et. N>srrff - X-il 1 ?# t??:lexr?? . _ V*pWS& *A*A ? ,,? ?.otKttLd "wtTld C . „ 1052 Vats, Colorado aim J03A".0255 0 z ? CD tc > x O. ar- dv?. IS " Z5° dam p r rn ?JN N 0 11 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 25, 1993 February 3, 1993 (All changes are in bold italic print.) SUBJECT: A request for a work session to amend Chapter 18.24 - Commercial Core I and Chapter 18.26 - Commercial Core 11, of the Town of Vail zoning code (relating to exterior alterations or modifications), and to amend the Vail Village Design Considerations (Section 1) - Sun/Shade. Applicant: Town of Vail Planner: Shelly Mello This request was last discussed during on January 25,1993 and during a series of three Planning and Environmental Commission (PEC) worksessions held in 1992 . At those meetings, the members of the PEC recommended that the Vail Village Design Considerations (Section 1) Sun/Shade also be modified in conjunction with the CCI and CCII zone district code changes. The Sun/Shade modifications would require applicants to submit a four- season sun/shade analysis. The Vail Village Design Considerations were originally approved on May 20, 1980 by Ordinance No. 16, Series of 1980. Therefore, changes to the Vail Village Design Considerations (Section 1) Sun-Shade must also be made by ordinance. The Community Development Department staff proposes to modify the sections of the zoning code listed above, relating to the exterior alteration procedures in Commercial Core I and Commercial Core II. These changes are taken from recommendations made in the October, 1991 Develooment Code Revision Reoort, Phase I. Section 18.24.065 Commercial Core I Exterior Alteration or Modifications - Procedure will be discussed first, followed by a discussion of the issues and the related zoning code modification recommendations for Section 18.26.045 Commercial Core II Exterior Alterations or Modifications - Procedure. The text modifications proposed for the CCI and CCII zone districts are identical. The following is an outline, followed by a detailed analysis of the list of issues, staff recommendations and related zoning code modifications for CCI and CCII: 1. Commercial Core I and 11 Exterior Alterations Changes: Exterior alteration submittal dates; Minor exterior alterations; 60/90 day review process; Exterior alteration submittal requirements; Exterior alteration - owners signatures; E Roof line modifications; Exterior alteration expiration; Timing of the proposed changes; Conditional use permit criteria. IL Text Modifications to Commercial Gore 1 and 11 of the Zonina Code Ill. Modifications to method of analvsis for Sun/Shade described in the Urban Desion Guidelines t. COMMERCIAL GORE I, SECTION 18.24.065 - EXTERIOR ALTERATIONS OR MODIFICATIONS PROCEDURE A. Issue - Exterior alteration submittal dates The review procedures for development proposals are outlined in this section of the zoning code. However, the two semi-annual submittal dates do not allow for the timely review and subsequent construction of projects. Staff Recommendation Move the submittal dates for major projects up two to three months, from the fourth Monday in November and May, to the fourth Mondav in September and Februarv respectively. The purpose of this change is to complete Town project reviews at an earlier date in the calendar year. This would allow project construction to begin in the spring immediately following the end of the ski season, and to finish up in the late fall, prior to the beginning of the ski season. R. Issue - Minor exterior alterations Applications for the alteration of an existing area which add or remove an enclosed floor area of 100 square feet or less may be submitted for review at any regularly scheduled PEG meeting. However, a single property owner is limited to one such submission in any two year period. Staff Recommendation Staff believes that limiting the review of additions of 100 square feet or less to one proposal every two years is unnecessary and does not provide any incentive to property owners who want to upgrade their properties. Staff proposes that the code be modified to allow the review of additions or redevelopment proposals of 100 square feet or less in the following manner: A single property owner who has not submitted an exterior alteration proposal which removes or encloses floor area of 100 square feet or less within the last two years may submit a redevelopment proposal of 100 sq. ft. or less for review by the PEC, at any of the Commission's regularly scheduled monthly meetings. A single property owner who has submitted an exterior alteration proposal which removes or encloses floor area of 100 square feet or less, within the last two years would have the opportunity to submit any 2 additional exterior alteration proposals which remove or enclose floor area for review by the PEC on a semiannual basis on or before the fourth Monday of February or the fourth Monday of September. No public hearings or work sessions before the PEC shall be scheduled regarding major exterior alterations or minor exterior alteration applications which must be submitted on a semi-annual basis, prior to the applicable semi-annual submittal date. Exterior alteration applications which call for the addition or removal of any enclosed area of 100 square feet or less shall be considered minor alterations. Any exterior alteration proposal which adds or removes any enclosed floor area of more than 100 square feet shall be considered a maior exterior alteration. C. Issue - 60/90 day review process The sixty or ninety day review process as outlined in this section is not consistent with the manner in which applications are actually handled. Staff Recommendation Review procedures stipulate a sixty or ninety day review period as may be determined by the PEC. In reality, the review of exterior alterations is primarily dependent on the applicant's submittal of material, and not on the review period established by the PEC. Staff recommends this section of the code be amended to state that the formal review by the PEC will be scheduled by the Director of Community Development following a worksession (if necessary) and Community Development Department receipt of all the required submittal materials. D. Issue - Exterior alteration submittal requirements The code does not set forth formal submittal requirements for exterior alterations. While the staff and the PEC ultimately determine what materials must be submitted in order for the review of the exterior alteration application to occur, minimum submission requirements should be specified in the code, so that the applicant knows what is expected. Staff Recommendation Staff recommends the code be modified to include a list of submittal requirements similar to the Special Development District (SDD) submittal requirements. The Community Development Director should be allowed the flexibility to add or delete submittal requirement material as may be appropriate, depending upon the magnitude of the project. E. Issue - Exterior alteration - owners signatures The code does not specifically address who may submit an exterior alteration application. 3 Staff Recommendation Concern over who may submit an exterior alteration application has to do with condominiumized projects. Under the SDD review process, all property owners within the project area are required to sign the SDD application, unless, the condominium by-laws give a condominium association representative (or officer) the authority to submit an application with a majority vote of approval by its members. Staff recommends this same SDD language be incorporated into this section of the code. P. Issue - Outdoor dining decks - review criteria Any exterior alteration development proposal which adds or removes floor area is required to go through the exterior alteration review process. Site development alterations, specifically outdoor dining decks, are related to many of the design criteria, yet do not require exterior alteration review by the PEC. Staff Recommendation The addition of a new dining deck, or the modification of an existing dining deck, should be added to the list of development activities that trigger the exterior alteration process. Currently, proposals for new or expanded dining decks require PEC review as a conditional use permit. While the conditional use process addresses issues related to the use of an area, the exterior alteration criteria are also appropriate criteria to evaluate the impact of this type of development. This change will allow the PEC to consider the urban design criteria in evaluating a new dining deck or the modification of an existing dining deck, in addition to the conditional use permit criteria. Outdoor patios and dining decks will remain as Conditional Uses in Sections 18.24.020(C) 10 - Permitted and Conditional Uses - Basement or Garden level, 18.24.030(C)7 - Permitted and Conditional Uses - First Floor or Street level, 18.24.040(6)9 - Permitted and Conditional Uses - Second level and will be not be an accessory use. We suggest the staff policy be that only one fee would be charged for the two requests. G. Issue - PEC/DRB review roles The PEC and Design Review Board (DRB) both participate in the review of exterior alterations. However, the role and authority of each board is not clearly defined. Staff Recommendation The PEC's responsibility is to review the siting, form, massing, landscaping, circulation and other large-scale planning and urban design issues. The DRB's responsibilities are to review landscaping and detailed architectural considerations. Generally, these roles are delineated in the Urban Design Guide Plan. While there will always be some overlap, the roles of each board should be more clearly set forth in this section of the code. H. Issue - Roof line modifications Alterations to the roof line of existing buildings are not currently reviewed under 4 the exterior alteration section of the code. Changes to roof lines can impact sun/shade analysis, views and established view corridors, street enclosure, streetscape framework, etc. Staff Recommendation Require all changes to the existing roof line of structures, located within the CCI and CCII zone districts, to be reviewed using the exterior alteration criteria. This type of request would be considered a minor exterior alteration, assuming that the added floor area does not exceed 100 sq. ft. 1. Issue - Exterior alteration expiration Currently, exterior alteration approvals do not lapse or expire. They are effective indefinitely. Trying to evaluate future exterior alteration proposals on adjacent structures based on exterior alteration approvals which may or may not be constructed becomes complex. Further, all other zoning requests, such as conditional use permits and variances, have a specified time period for the approvals. Staff Recommendation Approval of any major or minor exterior alteration as prescribed by this Chapter shall lapse and become void two vears following the date of approval of the major or minor exterior alteration by the PEC unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion. Staff believes that two years for a major or minor exterior alteration is an adequate approval period and would also be consistent with the approval time for variances and conditional use permits. An exterior alteration would need to be renewed after two years if the project is not constructed when it is associated with an SDD. J. Issue - Timing of the proposed changes All proposed code changes shall become effective upon approval of the changes by ordinance. To avoid scheduling problems for applicants during the spring of 1993, staff is recommending that for 1993, there be three major exterior alteration submission deadlines (May, September and November). Beginning in 1994, there will again be only two major exterior alteration submission deadlines (February and September). Staff Recommendation This approach should avoid creating scheduling problems for any applicant who is considering a project submittal for 1993 using the previous deadlines. K. Issue - Conditional Use Permit criteria There is a great deal of overlap between the existing criteria and they do not address all of the issues that should be considered when reviewing conditional use requests in CCI. The existing criteria are as follows: 1. Effects on vehicular traffic on commercial core I district; 5 2. Reduction of vehicular traffic in commercial core I district; 3. Reduction of nonessential off-street parking; 4. Control of delivery, pickup, and service vehicles; 5. Development of spaces for use by pedestrians; 6. Continuance of the various commercial, residential and public uses in commercial core I district so as to maintain the existing character of the area; and 7. Control quality of construction, architectural design, and landscape design in commercial core I district so as to maintain the existing character of the area. Staff Recommendation Consolidate the criteria. Issues not covered by the existing criteria, but critical to the character of the Village should be addressed by adding new criteria. These issues include qualitative aspects such as streetlife, vitality, activity and mixed uses. The staff would recommend the following criteria be used for evaluating conditional use requests in the Village: 1 a The effects of vehicular traffic, off-street parking, loading and delivery and service vehicles generated by the proposed use on the pedestrianized area of CCI; 2. The ability of loading and delivery facilities to accommodate the service and delivery of the proposed use without adversely impacting the pedestrian character of the district; 3. The effect of the proposed use on streetlife, pedestrian activity, and vitality of the established mixed use character of the area; and 4. The effects of noise, odor, dust, smoke, and other factors on the quality of life and environment on the CCI district. IL TEXT MODIFICATIONS TO SECTION 18.24.065 W Commercial Core I The following are the proposed text modifications to Section 18.24.065, which address the Issues and Staff Recommendations set forth above: "Site development, the construction of a new building, and alterations to the exterior of an existing building in CCI shall comply with the following procedures: v 6 A. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies roof lines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the PEC as follows: Application shall be made by the owner of the building, or the building owners authorized agent or representative, on a form provided by the Director of Community Development. Any application for a condominiumized building shall be authorized by the condominium association, in conformity with all pertinent requirements of the condominium association's declarations; 2. An application for a major or minor exterior alteration shall include the following: a. Completed application form, filing fee and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the name of all owners, their mailing address, the legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared no more than thirtv days prior to the application submittal date; b. A written statement describing the proposal and how the proposal complies with the Vail Villaae Urban Desian Guide Plan and Vail Villaae Desian Considerations and any relevant sections of the Vail Comprehensive Plan (i.e., Vail Village Master Plan, Streetscape Master Plan, etc.); C. A survey, stamped by a licensed surveyor, indicating existing conditions on the property including the location of improvements, topography, and natural features; d. A current title report to verify ownership, easements and other encumbrances, including schedules A and B; e. Existing and proposed site plan at a scale of 1 "= 10, a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a scale of 1 "=10', a roof height plan and existing and proposed building elevations at a minimum scale of 1/8"=1'. The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's 7 compliance with urban design criteria, as set forth in the Vail Villaae Urban Desian Guide Plan and Desian Considerations and any relevant sections of the Vail Comprehensive Plan; f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at 1O:OOAM and 2:OOPM, unless it is determined that the proposed addition has no impact on the existing sun Ishade pattern. The following sun angles shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 1 O:OOAM 42° East of South, 50° declination 2:OOPM 42° West of South, 50° declination Winter Solstice 1 O:OOAM 30° East of South, 20° declination 2:OOPM 30° West of South, 20° declination g. Existing and proposed floor plans at a scale of 1/4"-1' and a square footage analysis of all existing and proposed uses; h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties. The scale of the model shall be as determined by the Director of Community Development; Photo overlays and/or other graphic material to demonstrate the spatial relationship of the proposed development to adjacent properties, public spaces, and views per Chapter 18.73 of the Town of Vail Municipal Code; Any additional information or material as deemed necessary by the Director of Community Development or the PEC. The Director or PEC may, at his or her discretion, waive certain submittal requirements if it is determined that said requirements are not relevant to the proposed development and applicable urban design criteria, as set forth in the Vail Village Urban Desian Guide Plan and Desian Considerations and any relevant sections of the Vail Comprehensive Plan. 3. Complete applications for major exterior alterations shall be submitted bi-annually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information listed in Subparagraph No. 2 above, provided however, that the architectural or massing model may be submitted three weeks prior to the first formal public hearing of the PEC. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the bi- 8 annual submittal date deadlines. At the next regularly scheduled PEC meeting following the two submittal dates listed above, the Director shall inform the PEC of all exterior alteration submittal. The Director shall commence with the review of exterior alteration proposals following this initial PEC meeting. The next step in the review process shall be a work session with the PEC, provided however, that applications made in accordance with Subparagraphs 3(b-d) of this Section may be exempt from this required work session if determined unnecessary by the Director. The Director shall schedule the work session at a regularly scheduled PEC hearing, and shall cause notice of such hearing to be sent to all adjacent property owners in accordance with the provisions of the Administration Chapter of the Code, Section 18.66.080 - Hearing-Notice. Following this work session, and the submittal of any additional submittal material that may be required, the Director shall schedule a formal public hearing with the PEC in accordance with Section 18.66.080 - Hearing-Notice. a. A property owner may apply for a major exterior alteration (greater than one hundred square feet) in any year in which he or she shall submit an application on the February or September dates as set forth in this section of the code. Said application shall be termed a "major exterior alteration." b. Notwithstanding the foregoing, applications for the alteration of an existing building which add or remove any enclosed floor area of not more than one hundred square feet, applications to alter the roof lines of an existing building, applications for new outdoor dining decks and applications for modifications to existing outdoor dining decks may be submitted for any regularly scheduled PEC meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this section. All enclosed floor area for an expansion or deletion pursuant to this Subparagraph 3(b) shall be physically and structurally a part of an existing or new building and shall not be a free-standing structure. C. If a single property owner has not submitted an exterior alteration proposal which removes or encloses floor area of 100 square feet or less within the last two years, a proposal may be submitted on a designated submittal date and will be reviewed by the PEC at any of the Commission's regularly scheduled monthly meetings. d. If a single property owner has submitted an exterior alteration proposal which removes or encloses floor area of 100 square 9 feet or less within the last two years, a minor exterior alteration application, as defined in Subparagraph 3(b), shall be submitted for review on a bi-annual basis on or before the February or September dates as set forth in this section of the code. 4. The public hearing before the PEC shall be held in accordance with the Administration chapter of the code, Sections 18.66.060 through 18.66.090. The PEC may approve the application as submitted, approve the application with conditions or modifications, or deny the application. A decision of the PEC may be appealed to the Town Council in accordance with Section 18.60.070 - Appeal to Town Council. 5. It shall be the burden of the applicant to prove by a preponderance of evidence before the PEC that the proposed exterior alteration is in compliance with the purposes of the CCI district as specified in Section 18.24.010 - Purpose; that the proposal is consistent with applicable elements of the Vail Villaae Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Villaae Urban Desian Guide Plan and the Vail Villaae Desian Considerations, to include, but not be limited to the following urban design considerations. pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; 6. Approval of an exterior alteration under Subparagraph 5 above, shall constitute approval of the basic form and location of improvements, to include siting, building setbacks, building height, building bulk and mass, site improvements and landscaping. 7. Approval of a major or minor exterior alteration as prescribed by this Chapter shall lapse and shall become void two years following the date of approval of the major or minor exterior alteration by the PEC unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion. B. All exterior alterations under subsection A above shall be subject to review by the Design Review Board (DRB) following PEC approval in accordance with Chapter 18.54 - Design Review. The DRB shall review the project to insure that it complies with the Vail Village Design Considerations. In addition to the design review criteria, the DRB shall review the proposed exterior alteration for compliance with the Architectural/Landscape Considerations of the Vail Village Design Considerations, to include, but not be limited to roofs, facades, balconies, decks and patios, accent elements, landscape elements and service. 10 C. The modification or change to the exterior facade of a building or to a site within CCI shall be reviewed by the DRB in accordance with the following review procedures and the review procedures prescribed in Chapter 18.54 - Design Review: Application shall be made by the owner of the building, or the building owners authorized agent or representative, on a form provided by the Director of Community Development. Any application for a condominiumized building shall be authorized by the condominium association, in conformity with all pertinent requirements of the condominium association's declarations; 2. The hearing before the DRB shall be held in accordance with Chapter 18.54 - Design Review. A decision of the DRB may be appealed to the Town Council in accordance with the procedure specified in Chapter 18.54 - Design Review; 3. It shall be the burden of the applicant to prove by a preponderance of the evidence before the DRB that the proposed building modification is in compliance with the purposes of the CCI district as specified in 18.24.010 - Purpose; that the proposal substantially complies with the Vail Village Design Considerations; and that the proposal does not otherwise negatively alter the character of the neighborhood; 4. The DRB may approve the application as submitted; approve the application with conditions or modifications; or, if the DRIB finds that the applicant failed to meet his or her burden of proof, it may deny the application; 5. The zoning administrator may approve minor modifications as provided in Section 18.54.040(C)(3) - Staff approval. A decision of the zoning administrator may be appealed (or called up) to the DRB for review. I11. COMMERCIAL CORE 11, SECTION 18.26.045 .. EXTERIOR ALTERATIONS OR MODIFICATIONS e PROCEDURE All of the issues and staff recommendations related to Commercial Core 1, Section 18.24.065 - Exterior Alterations or Modifications - Procedure, also apply to Commercial Core II, Section 18.26.045 Exterior Alterations or Modifications - Procedure. Staff recommends that all modifications to be made to the CCI Section 18.24.065 of the code occur simultaneously to the CCII Section 18.26.045. L 11 IV. TEXT AMENDMENTS TO SECTION 18.26.045 - Commercial Core II The following are the proposed text modifications to Section 18.26.045, which address the Issues and Staff Recommendations as more fully explained in Section I of this memo. These changes are identical to the changes proposed for CCI Section 18.24.065 with the exception of the referenced planning documents to be used in evaluating development proposals. "Site development, the construction of a new building, and alterations to the exterior of an existing building in CCII shall comply with the following procedures: A. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies roof lines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the PEC as follows: Application shall be made by the owner of the building, or the building owners authorized agent or representative, on a form provided by the Director of Community Development. Any application for a condominiumized building shall be authorized by the condominium association, in conformity with all pertinent requirements of the condominium association's declarations; 2. An application for an exterior alteration shall include the following: a. Completed application form, filing fee and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the name of all owners, their mailing address, the legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared no more than thirty days prior to the application submittal date; b. A written statement describing the proposal and how the proposal complies with the Vail Lionshead Urban Desian Guide Plan and Vail Lionshead Desian Considerations and any relevant sections of the Vail Comprehensive Plan; C. A survey, stamped by a licensed surveyor, indicating existing conditions on the property including the location of improvements, topography, and natural features; d. A current title report to verify ownership, easements and other encumbrances, including schedules A and B; E 12 e. Existing and proposed site plan at a scale of 1 "= 10', a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a scale of 1 "=10', a roof height plan and existing and proposed building elevations at a minimum scale of 1/8"=1'. The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with urban design criteria, as set forth in the Vail Lionshead Urban Desian Guide Plan and Vail Lionshead Desian Considerations and any relevant sections of the Vail Comprehensive Plan; Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at 1 O:OOAM and 2:OOPM, unless it is determined that the proposed addition has no impact on the existing sun Ishade pattern. The following sun angles shall be used when preparing this analysis: Spring/Fail Equinox Sun Angle 1 O:OOAM 42° East of South, 50° declination 2:OOPM 42° West of South, 50° declination Winter Solstice 1 O:OOAM 2:OOPM 300 East of South, 20° declination 30° West of South 20° declination , 9. Existing and proposed floor plans at a scale of 1/4"=l' and a square footage analysis of all existing and proposed uses; h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties. The scale of the model shall be as determined by the Director of Community Development; Photo overlays and/or other graphic material to demonstrate the spatial relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 18.73 of the Town of Vail Municipal Code; Any additional information or material as deemed necessary by the Director of Community Development or the PEC. The Director or the PEC may, at his or her discretion, waive certain submittal requirements if it is determined that said requirements are not relevant to the proposed development and applicable urban design criteria, as set forth in the Vail Lionshead Urban Desian Guide Plan and Vail Lionshead Desian Considerations and any relevant sections of the Vail Comprehensive Plan. 13 3. Complete applications for major exterior alterations shall be submitted bi-annually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information listed in Subparagraph No. 2 above, provided however, that the architectural or massing model may be submitted three weeks prior to the first formal public hearing of the PEC. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the bi- annual submittal date deadlines. At the next regularly scheduled PEC meeting following the two submittal dates listed above, the Director shall inform the PEC of all exterior alteration submittal. The Director shall commence with the review of exterior alteration proposals following this initial PEC meeting. The next step in the review process shall be a work session with the PEC, provided however, that applications made in accordance with Subparagraphs 3{b-d} of this Section may be exempt from this required work session if determined unnecessary by the Director. The Director shall schedule the work session at a regularly scheduled PEC hearing, and shall cause notice of such hearing to be sent to all adjacent property owners in accordance with the provisions of the Administration Chapter of the Code, Section 18.66.080 - Hearing-Notice. Following this work session, and the submittal of any additional submittal material that may be required, the Director shall schedule a formal public hearing with the PEC in accordance with Section 18.66.080 - Hearing-Notice. a. A property owner may apply for a major exterior alteration (greater than one hundred square feet) in any year in which he or she shall submit an application on the February or September dates as set forth in this section of the code. Said application shall be termed a "major exterior alteration." b. Notwithstanding the foregoing, applications for the alteration of an existing building which add or remove any enclosed floor area of not more than one hundred square feet, applications to alter the roof lines of an existing building, applications for new outdoor dining decks and applications for modifications to existing outdoor dining decks may be submitted for any regularly scheduled PEC meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this section. All enclosed floor area for an expansion or deletion pursuant to this Subparagraph 3{b} shall be physically and structurally a part of an existing or new building and shall not be a free-standing structure. C. If a single property owner has not submitted an exterior alteration proposal which removes or encloses floor area of 100 square feet or less within the last two years, a proposal may be 14 0 submitted on a designated submittal date and will be reviewed by the PEC at any of the Commission's regularly scheduled monthly meetings. d. If a single property owner has submitted an exterior alteration proposal which removes or encloses floor area of 109 square feet or less within the last two years, a minor exterior alteration application, as defined in Subparagraph 3(b), shall be submitted for review on a bi-annual basis on or before the February or September dates as set forth in this section of the code. 4. The public hearing before the PEC shall be held in accordance with the Administration chapter of the code, Sections 18.66.060 through 18.66.090. The PEC may approve the application as submitted, approve the application with conditions or modifications, or deny the application. A decision of the PEC may be appealed to the Town Council in accordance with Section 18.60.070 - Appeal to Town Council. 5. It shall be the burden of the applicant to prove by a preponderance of evidence before the PEC that the proposed exterior alteration is in compliance with the purposes of the CCII district as specified in Section 18.26.010 - Purpose; that the proposal is consistent with applicable elements of the Vail Lionshead Urban Desian Guide Plan and the Vail Lionshead Desian Considerations, or that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with the applicable elements of the Vail Comprehensive Plan. 6. Approval of an exterior alteration under Subparagraph 5 above, shall constitute approval of the basic form and location of improvements, to include siting, building setbacks, building height, building bulk and mass, site improvements and landscaping. 7. Approval of a major or minor exterior alteration as prescribed by this Chapter shall lapse and shall become void two years one year following the date of approval of the major or minor exterior alteration by the PEC unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion. B. All exterior alterations under subsection A above shall be subject to review by the Design Review Board (DRB) following PEC approval in accordance with Chapter 18.54 - Design Review. The DRB shall review the same to insure that it complies with the Lionshead Design Considerations. In addition to the design review criteria, the Design Review Board shall review the proposed exterior alteration for compliance with the Architectural/Landscape Considerations of the Lionshead Design Considerations, to include, but not be limited to roofs, facades, balconies, decks and patios, accent elements, landscape elements and service. 15 C. The modification or change to the exterior facade of a building or to a site within CCII shall be reviewed by the DRB in accordance with the following review procedures and the review procedures prescribed in Chapter 18.54 - Design Review: 1. Application shall be made by the owner of the building, or the building owners authorized agent or representative, on a form provided by the Director of Community Development. Any application for a condominiumized building shall be authorized by the condominium association, in conformity with all pertinent requirements of the condominium association's declarations; 2. The hearing before the DRB shall be held in accordance with Chapter 18.54 - Design Review. A decision of the DRB may be appealed to the Town Council in accordance with the procedure specified in Chapter 18.54 - Design Review; 3. It shall be the burden of the applicant to prove by a preponderance of the evidence before the DRB that the proposed building modification is in compliance with the purposes of the CCII district as specified in 18.26.010 - Purpose; that the proposal substantially complies with the Vail Lionshead Design Considerations; and that the proposal does not otherwise negatively alter the character of the neighborhood; 4. The DRB may approve the application as submitted; approve the application with conditions or modifications; or, if the Design Review Board finds that the applicant failed to meet his or her burden'of proof, it may deny the application; 5. The zoning administrator may approve minor modifications as provided in Section 18.54.040(C)(3) - Staff approval. A decision of the zoning administrator may be appealed (or called up) to the DRB for review. V. THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN. DESIGN CONSIDERATIONS (1) SUN/SHADE The Vail Village Design Considerations (1) Sun/Shade currently reads as follows: "Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlit areas. On all but the warmest of summer days shade can easily lower temperatures below comfortable levels and thereby negatively impact uses of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties or the pubic R.O.W. 16 In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criteria. Staff recommends the text be changed as follows: All new or expanded buildings should not substantially increase the spring/fall equinox (March 21/September 23) or winter solstice (December 21) shadow patterns on adjacent properties or the pubic R.O.W. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criteria. In order to determine the sun/shade impact of a project, applicants shall submit a sun/shade analysis for 10:OOAM and 2:OOPM for the spring/fall equinox and the winter solstice. The following sun angles shall be used when preparing this analysis: Spring/Fail Equinox 1 O:OOAM 2:OOPM Winter Solstice 10:OOAM 2:OOPM VI. STAFF RECOMMENDATION Sun Angie 420 East of South, 500 declination 42° West of South, 50° declination 30° East of South, 20° declination 30° West of South, 20° declination Staff recommends approval of the code amendments described above. We believe that the recommended amendments will clarify and improve the CCI and CCII sections of the zoning code, as well as the Vail Village and the Vail Lionshead Urban Design Considerations. The PEC recommendation will be forwarded to Town Council in ordinance form for final approval. Staff would like to emphasize that if the proposal is recommended for approved by the PEC, certain code references and the specific language may be adjusted, due to legal considerations, when the memo is placed into ordinance form. n 17 .. FOR IMMEDIATE RELEASE Press contact: Sharon Jewett Mail Symposium 476-0954 Citizens concerned about the environment are taking up the call for new, sustainable lifestyles. What can a community do to put into practice the principles of sustainable development (development that meets the needs of the present without compromising the ability of future generations to meet their own needs)? Dr. Dan Chiras will explore creative practical ways we can apply principles of sustainability to our modern life when he speaks at the next SYMPOSIUM BREAKFAST SERIES on MONDAY, February 8th, at the Holiday Inn, Nail. The breakfast series is organized for and open to the public and reservations may be made by calling 476-6954. Cost is $15 per person and includes a buffet breakfast. The buffet begins at 7:30 a.m. followed by an hour long program. Dan Chiras holds a Ph.D. in biology and teaches courses on sustainability at the University of Denver and University of Colorado, Denver campus. A leading advocate of personal action and responsibility, Dr. Chiras cofounded Friends of Curbside Recycling, a group that helped to convince the city of Denver to begin its curbside recycling program. Dr. Chiras is a member and recent past president of the Colorado Environmental Coalition, a coalition of 40 statewide conservation/environmental groups. An avid kayaker, bicyclist, organic gardener, and aquarist, Dr. Chiras lives in a passive solar home in the foothills with his wife and two sons where they strive to live by the principles of sustainability. (continued) page 2 press release trail Symposium Dr. Chiras plans to present a variety of sustainable policies that could be useful in reshaping all sectors of a community's development: transportation, housing, industry and business, water, waste, energy, and food. He will examine the dependence of human society on the biological infrastructure and explore the concepts of carrying capacity, social and ecological equity and the extraordinary dependence of natural systems on our present and future actions. He will also touch on the global implications of local actions and on strategies that address the root causes of environmental problems. Dr. Chiras is a noted lecturer on sustainable futures and author of many publications and books. In his recent book, Lessons from mature; Learning to Live Sustainably on the Earth, Dr. Chiras discusses the scope and causes of our current crisis and examines key trends in population, energy, pollution, biological diversity, solid waste disposal, offering feasible, affordable suggestions to put each back on a sustainable course. Chiras offers numerous examples of positive actions on the part of individuals, corporations, and governments throughout the United States and the international community and, he sets a clear agenda for additional action. Dr. Chiras's talk on Monday is titled "Economics and Ecology: Friends or Foes?" examining the principles, policies and practices of sustainable development & showing ways we can live and prosper without wrecking the planet. His talk will be of interest to and is organized for the general public. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department Staff DATE: February 8, 1993 SUBJECT: Standards for the Planning and Environmental Commission Recently, there haa, been some discussion about the standards for the Planning and Environmental Commission. Staff has attached Section 2.24 of the Vail Municipal Code which sets forth the standards for appointing members, removing them from office, selecting the chairman, as well as stating the functions and duties. Chuck Crist has asked that this information be distributed and staff hopes that it will help clarify the way the PEC operates. El 11 Uj PLANNING AND ENVIRONMENTAL COMMISSION Chapter 2.24 PLANNING AND ENVIRONMENTAL COMMISSION Stdions: 2.24.010 Creation. 2.24.020 Members--Appointment-Terms. 2.24.030 Removal from office. 214.040 Vacancies. 2.24.050 Officers--Meetings--Rules. 2 24.060 Function of the commission. 114.010 Creation. There is created by the town council a "Planning and Environmental Commission" in accordance with Section 8.3 and 8.4 of the Charter of the town, composed of seven tnembers who shall act in accordance with the Charter, this ter, the direction of the town council and the ordinances 20-1 (Vail 9-3-85) I? r S? ii t 5 C -n Ar rn n c f 1 z 11 PLANNING COMMISSION of the town, and shall be appointed and serve as provided in his chapter. (Ord. 10(1978) § 1 (part).) 2_14.020 Members--Appointments--Terms. The planning and environmental commission shall have ycvcn members appointed by the town council. All members of the commission shall be residents, qualified electors of the town, and if any member ceases to reside in the town, mcmbership on the commission shall immediately terminate. All members of the planning and environmental commission "u of the effective date of the ordinance codified in this chapter shall continue as members of the planning and environmental commission until the expiration of their term, their resignation, or removal. The terms of the members of the planning and environmental commission shall be for two _' }tars on an overlapping basis. (Ord. 29(1987) § 1: Ord. 10 119 8) § 1 (part): Ord. 37(1981) § 1 (part).) 2.:4.030 Removal from office. Members appointed by the town council may be removed by the town council for inefficiency, neglect of duty, failure to attend meetings, or malfeasance in office. The notification of trmoval from the town council shall state the reasons for such ranoval. (Ord. 10(1978) § I (part).) 214.040 Vacancies. Vacancies occurring on the planning and environmental mmission by reason of expiration of the term of the member, trmoval, termination by operation of law, or resignation, shall to filled by a majority vote of the town council. (Ord. 10(1978) I I (part).) `-''t-050 Officers---Meetings-Rules. The commission shall elect its chairman from among the "Mbers and shall fill such other offices as it may determine. f j ?- j 1 z rn 21 (Vail 12-I-87) ADMINISTRATION AND PERSONNEL s .., c? The term of the chairman shall be for one year with eligibility for reelection. The commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of business and shall keel) a record of its resolutions, transactions, findings and determinations, which record shall be a public record kept in the office of the town clerk. (Ord. 10(197$) 1 (part).) 2.24.060 Function of the commission. The planning and environmental commission shall have the following functions and duties. A. To make and adopt a master plan, for approval by the town council, for the physical development of the town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of the town. The plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of the subject territory; B. To review and recommend to the town council a zoning ordinance with appropriate regulations, which may be specifically provided or required by ordinance of the town; C. To review and recommend to the town council subdivision regulations as may be provided or required by ordinance of the town; D. To review and approve environmental impact reports and n-litigation measures as they relate to the zoning ordinance, codified in Title 18; E. To review and comment on programs, studies of environ- mental issues for the town and the Gore Valley; F. To conduct research and appropriate studies of environ- mental issues for the town and the Gore Valley; G. To make recommendations to the town council for the control of pollution and the protection of the environ- ment; H. When data is obtained indicating that state air and water pollution standards have been violated, to advise the council of the necessary and appropriate action; (Vail 12-1-87) 22 J a POLICE DEPARTMENT AND CHIEF OF POLICE To be concerned and involved with environmental issues for the entire Gore Valley and to take the initiative to organize and coordinate environmental studies and measures necessary to protect the residents of Gore Valley and Eagle County; To consider any other matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council when so requested, and to perform all other powers and duties authorized and required by ordinance or state law. Ord. 10(1978) § I (part).) Chapter 2.28 *LICE DEPARTMENT AND CHIEF OFx POLICE7 ;Cctions; 2.28.010 Department-Created. 2 .28.020 Chief-Appointment. 2 .28.030 Chief-Powers and duties. 2.28-040 Chief-Rule promulgation. 2 .28.050 Department-Duties. 228.060 Reserve police. 0 23 (Vail 9-15-78) w `m cl? rn ^M c i { _j ;j f is How To Break The Deadlock When Public involvement Worsens Disputes by Dr. David Stiebel C hies are finding that public involvement programs sometimes fail to live up to their billing as panaceas for resolving stubborn disputes and combating citizen alienation. In fact, some cities have discovered that more involvement can worsen disputes, rein- forcing each side's perception that the other party is impossible to deal with. What steps can cities take so that public involvement pro- motes agreement instead of stalemate? The notice arrives in the mail: The Planning Commission will consider a request for a zoning variance to allow two small houses at the end of the block to be moved and replaced with a parking lot to serve the adjacent commercial property. The hearing is three weeks away. Parking is a problem in this center-city neighborhood. Most homes have no drive- ways, so resident parking as well as space for business patrons is on the street Dr. David Stiebel of the University of California, Berkeley, is a specialist in munic- ipal dispute resolution based in Sunnyvale. As an adviser, mediator, and negotiator, lhe helps local officials design their next moves in stubborn disputes. This article is excerpted from the Second Edition of the handbook Resolving Municipal Disputes from the Association of Bay Area Governments in 4 Oakland. But replacing those homes with asphalt will destroy the residential character of the street and remove muck-needed affordable housing from the area. A few days before the hearing, the city's planning staff recommends against granting the variance. The neighbors all have opinions, and all are strong ones. Most oppose the parking lot. And everyone shows up at the Planning Commission hearing. The group opposing the variance chooses its first speaker. 7 know it won't do any good, coming here to testify. I know you're all going to go along with this landlord who wants to mess up our neighborhood, because you're all in the pock- ets of the developers. But here I am anyway, doing my civic duty. "We. don't want this eyesore in our neighborhood. That stupid parking lot will ruin the street. LEAGUE OF CALIFORNIA CITIES `And another thing. This guy who owns this building on the corner was supposed to put in enough parking the last time he got a change in zoning and he never did it. I can't find a place to park within a block of my house. People are always parking across my driveway and I have to call the police to have the cars towed. Its a mess!" Begoes on forfi}teen minutes, berating the Commission, complaining about parking and opposing the parking lot. So do ten other neighborhood residents. the property owner who had requested the variance makes his case. Two hours later the Commission votes. Variance denied. Back in the neighborhood, the residents who opposed the variance gather on the sidewalk. "Those people don't care about the little guy. All they care about is being big shots," says one man. `7 hear the guy who owns the property is going to take it to the City Council. They're all in the developers' pockets. We don't stand a chance. And we still have lousy parking," says another And on it goes... Continued Citizens & Politics, Continued C 6 And on it goes, in one California city after another. Minor concerns blossom into polit- ical crises. Public meetings intended to re- solve disputes actually intensify them. Citizens alienated from City Hall attack the officials supposedly representing them. Recalls, initiatives, or referendums begin cir- culating. Harmful publicity results. Expen- sive lawsuits - and appeals - cause delay. Last year in Western City Richard Harwood ("Citizens & Politics: A View From Main Street", Parts I and 11, September and October 1991) described focus groups conducted in several cities across the nation in which citizens expressed frustration with local govern- ment and loss of confidence in it. Some people said they didn't know how to get '` S p e e dM E M O To: ..._ w. ,.- C V Council From: city Manaaer''' cc: Finance Director Citv Enaineer tFbjt S ra for cur 9 lt? Message: How are we going to fund our operation and maintenance requirements at the proper service levels, and/or fund our capital improvement projects over the next fiscal year and beyond? I recommend we take a hard look at our cost of services and fee programs and work on some creative financing alternatives to meet our goals. A consulting firtri_-hat has real expertise in this area i Y'I 0A*b% LTAWS, INC. BSI offers f irahca a - i.. Saar ng an management consulting services, and has specialized in serving local governments since 1975. Some of the programs that can help cut costs and raise revenues are operation and Maintenance Benefit Assessment Districts, Cost of Service Analysis, Development Impact Fees, and Total Quality Management. BSI CONSULTANTS, INC. would be glad to conduct a presentation to better acquaint staff and/or Council Members with these types of programs. To contact BSI, call: Jeff C,?6.r at (619)451-6100 or vpmm? Dennis Kingalhoferr at (51) $67-014, ADVERTISEMENT involved in decision making. Others com- plained that when they did, they couldn't persuade officials. To restore public confidence in local gov- ernment, officials must show citizens how they can become involved in a way that fur- thers their goals - and in a way construc- tive for other interest groups and the city. And many California cities have tried. They've spent tens of thousands of dollars for consultants and months of staff time on innovative public involve- ment techniques using newsletters, com- puter graphics, and cable TV. But sometimes these involvement pro- grams have produced the same inter- minable public meetings, tests of will, and attacks on City Hall that they were sup- posed to eliminate. It's the Great Myth of Communication. People will agree if only they understand each other, so clarifying communication always helps; when in doubt, hold a meeting. ? These poor outcomes are predictable. While many involvement tools are so- phisticated technologically, their use is often naive strategically. Many agencies assume that providing forums for citizen communication will somehow cure a dif- ficult dispute. It's the Great Myth of Communication: People will agree if only they understand each other, so clarifying communication always helps; when in doubt, hold a meet- ing. Unfortunately, a public involvement program can facilitate deadlock, by pro- viding a better forum for people to fight each other. 0 ne city provided such a forum when it held a hearing to decide between two neighborhoods for siting a fire station. The meeting brought both neigh- • C LEAGUE OF CALIFORNIA CITIES borhood leaders together for the first time, and, with their constituents and reporters present, they attacked each other and swore never to negotiate. Lawsuits delayed the fire station for five years. As this city learned, clarifying communi- cation does not erase self-interest, it resolves only misunderstandings. It is possible to succeed at improving communication and yet fail at resolving the dispute. In fact, more communication can reinforce someone's opposition, as a county discovered. The county was planning to move a pro- bation facility next to a shopping center already plagued by crime. Merchants want- ed reassurance they'd be safe. The county thought they'd feel better knowing that no rapists or murderers would be visiting the probation facility. So in the spirit of open communication, the county distributed a list of offenders eli- gible for probation. The list, which included forgers and burglars, intensified opposition. his county made the common mis- take of assuming that the dispute ® was due to poor communication. True, the parties were not communicating well, but underlying that poor communica- tion was a conflict in goals, i.e., a real dis- pute. The merchants didn't want any crim- inals in their neighborhood, not even those trying to go straight. Often a communication problem overlies a real dispute. In such a case, improved communication may alleviate the communi- cation problem, but it won't eliminate the underlying real dispute. The conflicting goals will remain. To distinguish a communication problem from a real dispute, ask yourself. Mlould this dispute disappear if you understood each other better? If so, it's a communica- tion problem, and talking could help. If not, it's a real dispute, and improved communi- cation alone wouldn't resolve it. Better communication might have avert- ed the citizen tirade against the planning commission over the parking proposal. That controversy was rooted in misunder- standing. The citizens incorrectly assumed that the commission was against them. But the probation-facility move was a real dispute. Unfortunately, the president of the merchants association also tried to resolve it by improving communication - and, like the county, he made things worse. The merchant asked supervisors to fire the pro- bation department head, and when they refused, he kept clarifying and elaborating why she should be fired, until harried supervisors finally refused to listen to him. To break the deadlock, it was necessary to elicit a constructive response from the association president. Since I knew he want- ed to be heard, I appealed to that need. I asked him: "How can we get those supervi- sors to listen?" As hoped, the association president responded by working with me to figure out how to approach the supervisors so they would listen to him. Instead of pres- suring supervisors to fire the probation head, he informed them he was willing to explore any way of reducing shopping cen- ter crime, if only they'd try to stop the open drug dealing and shootings. Continued ALTERNATIVE REVENUE STRATEGIES ISSUE: Cities throughout California are experiencing unprecedented= revenue shortfall and fiscal instability caused by fundamental changes in the political, legal and economic environment- external to local government. RESPONSE: MRC's Revenue Strategies Service enables cities to build consensus for alternative revenue strategies that are fiscally responsible, politically acceptable, and unique to each city. RESOURCES: MRC's Revenue Strategies Service is provided by a multi- discipline team of recognized experts led by Ted Gaebler, Managing Director of MRC's Strategic Planning Group and co- author of the current best seller Reinventing Government. For additional information, without obligation, please call, write or FAX: '01) r?O M Z R/? c °i C .4 John Austin MUNICIPAL RESOURCE CONSULTANTS 32107 West Lindero Canyon Road, Suite 233 Westlake Village, CA 91361 Phone 1-800-247-4406 FAX 1-818-991-5365 WOLk'jp/LANG/C ii.,tyxISTOPI LR A..R- C IT CTS,INCIS UI VIC i EDUCATIONAL . COM MEXC IAL Cr 1< Y HALLS • CIVIC CEN t ERS • LIBRARIES FIRE DEPARTMENTS • POLICE F'ACILt,nES COMMUNn Y uhi% twKS - PERFORMING ARTS CENTERS . MAINTENANCE FACILITES SENIOR CENTERS • MASTER PLANNING WOLFF/LANGJCHRISTOPHER ARCHITECTS, INC. VIRGINA DARE TOWER SUITE 10470 FOOTHILL BOULEVARD RANCHO CUCAMONGA, CA 91730-3154 714-387-0909 • FAX 714-9809580 7 li iii ii 1111 i 1111. 11111. it ii ii ii 1111 i 1111 i i? I lil ?? 11111 1111 ii ii iii I Ili 1111111 li 111111 lu i WESTERN Cny, SEPTEMBER 1992 Citizens & Politics, Continued PAOTER LAW CORPORATION BANKRUPTCY AND INSOLVENCY ATTORNEYS • Claims Filing ? Litigation i Tax, Lien and Bond Enforcement • Contract and Lease Enforcement ORIGINALLY FOUNDED 1979 ACTIVE FOUNDER, RALPH G. PALTER, U.S. BANKRUPTCY JUDGE (RET.) SERVICING CENTRAL AND SOUTHERN CALIFORNIA CLIENTS INCLUDE: City of Sari Jacinto, City of Rialto City of Palmdale, Orange County Transportation Authority ADDRESS INQUIRIES TO: P.O. Box 11300, Santa Ana, CA 92711 Phone; (714) 541-6072 Fax. (714) 541-6897 THERE IS NO SUBSTITUTE FOR EXPERIENCE FROM START TO FINISH PUBLIC-PRIVATE PROJECT FINANCING ASSISTANCE • Civil Engineering • Architecture • Structural Engineering • Planning • Mechanical Engineering • Mapping • Electrical Enginering , Surveying • Landscape Architecture • Photogrammetry Whether your project requires one discipline or the added expertise of a multidisciplinary project team, our staff of 170 proven professionals can manage your needs from start to finish. All under one roof 2590 Venture Oaks Way Sacramento, CA 95633-3286 (916) 925-5550 FAX: (916) 921-9274 LEAGUE OF CALIFORNIA CITIES That overture started a negotiation that produced agreement: The merchants accepted the probation facility when the county agreed to put a sheriffs substation at the shopping center. But no improvement in communica- tion could have broken this stalemate. Indeed, clarifying communication had backfired twice - first when the county tried it and then when the association president tried it. Communication helps resolve a real dis- pute only if it elicits a constructive response from the other side. So before communicat- ing, ask yourself: What specific response do I want from the other person? Then determine how to communicate to elicit the response you want. With the association president, the desired response was for him to work with me to create a more cooperative approach to the supervisors. But that was just the first response I sought. To build agreement, each successive step of a public involvement pro- gram must elicit one constructive re- sponse after another. Don't expect the other person to reach agreement with you instant- ly. Agreement usually comes step by step. So don't hunt for the perfect response to elicit, the one that will resolve all is- sues simultaneously. Instead, elicit suc- cessive responses that culminate in reso- lution. Proceed incrementally, making it easy for the person to take one realistic step after another. One activist was chanting slogans, attacking the city at every council meeting. She was hoping to stop a planned high-den- sity housing project. It was unrealistic to expect her to stop her attacks on the council immediately, and asking her to do so would only invite rejec- tion. To break the deadlock, it was neces- sary to elicit a more realistic response. She was asked to predict what would happen if she chanted at the next meeting. She said she thought nobody would listen. Then the city elicited a second response, asking her to evaluate whether that out- come furthered her goals. ,,Not really," she acknowledged. In search of a third response, the city asked for her ideas for better ways to achieve her objectives. "I don't know," she said. "Any sugges- tions?" Thus, step by step, the activist and the city proceeded toward agreement. L • When you're creating each step of a public involvement program, you must show a citizen leader how to respond to the conflict in a way that furthers his or her goals. Each step must also be con- structive for the city and the other parties a involved. That's the key to designing an involvement program that turns citizen alienation into cooperation. Unsophisticated, angry neighbors often take an adversarial tack be- cause the complexity and jargon of local government (e.g. CUP, COP, R-1) can seem designed to shut them out. That's one reason they don't learn the city's deci- sion-making process and work within it, as many officials think they should. To elicit one productive response after another from this activist, the city had to reach out to her proactively and design an approach to involve her constructively in decision making. The city built agreement step by step, focusing on one person at a time. It's tempt- ing to gather- all the parties in one room and try to agree on all the issues at once. Sounds good. But it's generally impossible. The parties have conflicting interests, and when you say something to motivate one person, you may alienate someone else. The issues become tangled, and you get bogged down. If you're frustrated with the length of time negotiation is taking, perhaps you're trying to deal with too many people at once. The more controversial the case, the fewer issues and people you can han- dle at once, as a parks and recreation de- partment learned. The department held a public meeting on rules for bicyclists on trails. The session turned chaotic, with bicyclists and hikers attacking each other. So staff closed the meeting and re-approached each key lead- er individually, away from the mob atmo- sphere. Staff built agreement with one per- son at a time. T he six steps below will help you design your next move, to involve people in reaching agreement: t. Decide whether it's a communication problem or a real dispute. *2. If it's a real dispute, decide whether you should negotiate. Disputes get worse when citizens get conflicting messages. If you aren't going to change your mind, tell them now. They're certain to ask you. And if you communicate indecision, you'll encourage them to fight you for the impossible. 3. Before holding a meeting, identify your general purpose. Are you genuinely solic- iting input with the intention of adapting your plans to address citizens' concerns? Are you holding hearings merely to gain attention for an already complete pro- gram? Are you negotiating with citizens to satisfy them enough so they won't sue? Once you identify your purpose, you can plan how to accomplish it. 4. Decide whom to focus on. The person you approach should be receptive or influential, preferably both. If the neigh- bors have already chosen a representa- confinited Ware Pleased to Announce the FollowingAdditions and Promotions in Our Public Finance Department: Rod Carter Cathy Banda Ray Meador Paul McDonnell John Stiepel Directors of Public Finance Stephen Pratt Erie Scriven Assistant Vice Presidents Mark Curran Managing Director/Public Finance San Francisco (800) 652-1030 / (425) 445-8500 Los Angeles (800) 252-9051 / (213) 362-3900 S3 V 1 R JFk0. Investment Prafessio+wis Since r Sutro & Co. is a subsidiary of John Hancock Freedom Securities, Member NYSE and other US. securities exchanges. Member Sn'C. 9 WESTERN CrrY, SEPTEMBER 1992 r c. Citizens & Politics, Continued 71 to tive, you'll probably have to deal with that person. 5. Identify the person's motivations. It's hard to help a citizen leader accomplish his or her goals unless you know what they are. 6. Think of a response to elicit from the other person. Then consider how you'll elicit it. Your move to elicit it becomes the next step of your public involve- ment program. Staffing Solutions for Governmental Agencies The step might be to ask, "How can we get those supervisors to listen?" Or "What do you think the councilmembers will do if you keep chanting?" The best response to seek depends on the situation. If the person responds negatively, con- sider focusing on a different person or elic- iting a more realistic response. Your approach should adapt to the person's behavior and unfold as events unfold. Use the procedure above to develop one Now accepting resumes from individuals seeking employment with governmental agencies for a variety of positions including, but not limited to, the following departments: ADMINISTRATIVE SUPPORT PLANNING BUILDING PUBLIC WORKS ENGINEERING REDEVELOPMENT MAINTENANCE TRANSPORTATION For information packet send resume to: Employment Systems, Inc. Attn: Recruiting Coordinator 11590 West Bernardo Court, Suite 211, San Diego, CA 92127 Phone (619 451-0040 F ? ax 619 451r2502. f step after another in your public involve- ment program, until you reach agreement. n a dispute, you can't predict someone's responses several steps ahead. So you don't know whether a public involve- ment step you create now will promote res- olution later when you must execute it. The situation is too fluid. If you commit to every step now, you may feel public pressure later to follow a step that is countc? v, eductive. One supervisor felt public pressure to hold a public hearing though he didn't want to. When residents objected to plans for moving a mental health clinic next door, he promised a public hearing. He hoped the meeting would satisfy their need to be heard and that they'd stop com- plaining. But as the date neared, he real- ized that he was facing a real dispute, not a communication problem. He saw that the meeting would spark a shouting match between residents who feared the mentally ill and case workers who would defend their clients. The supervisor couldn't can- cel the meeting because of his promise, and unfortunately, the hearing did intensify the dispute. If there's no dispute and you're involving the public merely to make decision-making more democratic, there may be no severe repercussions to establishing the involve- ment program in advance. If there's noth- ing to fight about, people may not resist if you need to modify the program as you proceed. But in a conflict, a predetermined, rigid plan can make things worse. You must preserve your flexibility to create the public involvement pro- gram gne step at a time. That's often key to resolving a volatile dispute. But you can still help satisfy someone's curiosity about the program. liYou can identify the issue, and your role, responsibility, and current objective: "I'm a city planner. The owner of the park- ing lot across the street wants to build apartments on it. So she's asked the plan- ning commission to rezone the lot. I've got to make a recommendation to the commis- sion, so I'm trying to learn the neighbor- hood's parking needs. I'm asking people on this block how many cars they have and where they park them." -You can discuss general goals you are certain you'll pursue: "My initial goal is to gather background information. I want to learn about neighborhood parking needs LEAGUE OF CALIFORNIA CITIES and about the owner's proposal. My second goal will be to identify everyone's concerns about the proposal. I'll want to understand the neighbors' interests and those of the owner. Then I'll begin working with inter- ested parties on ways to satisfy everyone's concerns. I'd like to have an agreement to recommend to the planning commission, so the people affected by this proposal can shape the outcome. If there's no agreement and the parties all lobby the commission- ers, the commissioners will have to decide the issue themselves." *As you develop each step toward a goal, you can specify details. You can dis- cuss the agenda, format, and logistics of your next meeting - after you've decided what will best elicit a constructive response from someone. + Avoid specifying steps until you're cer- tain they'll build agreement. Don't promise two months in advance that you'll hold a public meeting August 5 at 5 p.m. in the school gym to gain consensus on the volatile parking controversy. • Explain that the involvement program must remain flexible enough to respond to people's needs and changing conditions. Sometimes a citizen will want to know all the steps of the involvement program now because the person doesn't trust you. In that case, you must build your credibility, a subject which needs to be addressed in another article. A bove all, each step of your involve- ment program must achieve a pur- pose. It must elicit a constructive response from someone. Many public involvement programs are designed simply to involve people. There's no other purpose. Nobody's thought about how to elicit a constructive response from anyone. And often a purposeless program pro- duces negative responses. Meetings be- come maelstroms, as events whiz by --- out of control. Citizens become angry that their expectations for a satisfactory outcome have been dashed. Its no surprise-they told Harwood they are confused and frustrated with political decision-making. There are many involvement tech- niques, including computer graphics, newsletters, public meetings, and one-on- one sessions--but unfortunately, none is inherently effective. A technique will work only if it elicits a constructive re- sponse from someone. Otherwise, an involvement method may succeed at involving citizens-but unconstructively, reinforcing the frustra- tion with local government that Harwood documented. By focusing on your purpose, you will create a better public involvement pro- gram-one more likely to turn -alienation into cooperation and resolve a stubborn dispute. c01992 Dr. David Stiebel mood ys Investors Service Public =finance The Source for Municipal Ratings and Credit Analysis • Over 160 analysts specializing in public finance • Rating debt instruments in all market sectors Working with issuers to fund projects through creative financing approaches Providing issuers with the broadest exposure to investors in municipal debt 11 WESTERN CITY, SEPTEMBER 1992 New York San Francisco (212) 553-0300 (415) 274-1700 sang Va__?ces' ..1ll1gS To resolve difficult municipal disputes, good in- tentions rarely suffice. In fact, merely talk- ing more can make things worse. To avoid / hidden traps of conventional negotiation, you need a better strategy. David Stiebel, Ph.D., a specialist in municipal dispute resolution, ex- plains practical steps that you can apply to by- pass the pitfalls and reach agreement. The cost of conflict in cities today is rising. Dissatisfied interest groups can escalate otherwise mundane concerns into high-risk political contests resulting in highly charged public meetings, ad- verse publicity and expensive lawsuits. A public official may emerge a bat- tered victor, but no hero; the price of vic- tory is too high. The true hero is the diplomat who avoids battle by resolving the dispute or preventing it, building al- liances that strengthen the city. But when talks prove frustrating or counter-productive, as a public official, you may feel trapped by undesirable choices: sacrificing your objectives and giving in, or reasserting your position and risking the costs of combat. n such a dilemma, some officials hire teambuilders, organization develop- ment consultants, or facilitators to help the parties communicate. This ap- proach works in conflicts rooted only in misunderstanding. But in difficult disputes, poor commu- nication may be only a symptom of the impasse, not its sole cause. People often stop talking because they disauee. Communicating with the other side may clarify where the conflict lies, but the task remains how to resolve it. That's not a communication problem. It's a negotia- tion problem. In fact, a facilitator who treats a dispute as a communication prob- lem can accidentally worsen it, because A University of California, Berkeley, lec- turer in business management, David Stiebel. Ph.D,, is a specialist in municipal dispute resolution. He limes in Pala Alto. some methods to clarify com- munication breed deadlock. { Helping each side clearly ar- Sri, ticulate its bottom line can m- z . advertently cause the two parties to become so commit- ted to their stances that they refuse to budge. For example, one facilita- tor asked three cities to artic- ulate their views to clarify a regional land-use dispute. So the cities told each other what they were willing to accept. Having clearly articulated their bottom lines, they became more committed to their positions than ever. One city man- ager complained: "I can't budge now! They'll think we're caving in!" Communication didn't cause this prob- lem, so talking more couldn't resolve it. In fact, communication made things worse. So what was the root of this dispute? It was the negotiation procedure that the parties were following. Consider the stefls of this procedure: 1. People decide their stances unilaterally. 2• They meet to understand the other side's position. 3. Once people announce their positions, they're less willing to change them. 4• Somebody must give in for agreement to occur. S. If one side does give in, there's often resentment or embarrassment. 6. If nobody gives in, a stalemate will often ensue. 7.The working relationship often suffers. V9 In a difficult dispute, the impulse is to try harder. But it does no good to do the same wrong thing with more intensity. If you follow these seven steps with better intentions and improved commu- nication, you'll still reach deadlock. You'll still be playing a lose-lose game to see who can be stubborn longer. To change the outcome, you must change the negotiation game that the parties are playing. The answer isn't bet- ter communication. It's a better negotia- tion strategy. It's nice to have good intentions to try harder and cooperate. But good inten- tions alone don't break stalemate. Better strategies do, recently worked with a city in apply- ing one innovative strategy, to resolve an interagency dispute over revenue sharing. The parties were deadlocked over how much money each agency should give to fund a public utility. Here are the steps we followed. 1. Start with their motivations. We told the parties that we were creating a draft to address their needs, so we want- ed to understand those needs thoroughly: LFAGI'F OF CALIFORNIA CITIES V A.:% 11 ix?e,;A , C-.2 By David Stiebet Ph.D. "I can't --?°budge now!" The agencies vowed to give no conces- sions, but they saw little to lose by de- scribing their concerns. Both agencies wanted the utility to have enough money, but one agency worried that it would be forced into debt by promising too much funding. 2. Discuss solutions later. Periodically one party would seize on one solution for satisfying a concern. Such insistence, if reciprocated, could have exacerbated the dispute. We reminded everyone that we would develop solutions later. Now, we were identifying only the needs that a solution would try to satisfy. . Invite criticism. To make sure we understood their concerns, we created a rough draft of each party's needs and so- licited corrections. The drafts showed the agencies how well we were hearing them. One agency director remarked, 'You've stated our con- cerns more persuasively than we have.'. 4. Develop possible solutions. Next we wrote a rough draft of possible solu- tions to satisfy their needs. To address one agency's budget worries, we wrote: "Bach agency will provide its share of funds for the utility; unless the agency's financial. condition is threatened.," If they didn't object to this principle, then we could pre- sent specific terms. But be- fore doing that, we wanted to verify that our draft was re- sponding to their interests. 5. Ask for a focused cri- 6. Defer commitments. We clarified that at this stage we were discussing only possibilities. Nobody was making any commitments. This rule enabled the par- ties to generate suggestions without fear that someone would interpret an idea as willingness to give a concession. 7. Revise. We listened, revised the text, asked for another focused critique, then revised it again and again until we could improve the draft no further. 8. Examine each side's unilateral op- tions. Meanwhile, we asked each party confidentially: "What might you do on your own if you can't reach agreement with the other side?" We examined the attractiveness of each option, as well as its likelihood of success. Litigation looked attractive, until one agency's attorney calculated the odds of victory: five percent tique. When presenting the draft to each side, we did not a k, "Which ideas will you ? accept?" That would have - encouraged them to take po- sitions again. ' e asked:"Which. of your W concerns does this draft not satisfy" Thus, the parties were criticizing the draft, not each other.lJnder the old negolia- fions approach, the two agencies had been exchanging charges and threats. Now they were cooperating to improve the draft, build- ing momentum for reaching agreement. 9. Consider the other side's options. The agencies allowed us to share their strong unilateral options with the other side, to influence the other side's e-v,,i-tions. Thus, the agencies learned how much they could request of each other, before the other side would say no or walk away. This move averted a power strug- gle to see who was tougher. Then we helped each agency devise more appealing proposals to achieve its objectives. When the parties felt they could improve their proposals no further, they signed the contract. Each agency agreed to an annual fund- ing level which would' increase with each agency's revenues. This allayed budget concerns while guaranteeing money for the utility's vital operations. This outcome might not have been possible with a conventional negotiation procedure. The agencies would have communicated their positions, then the facilitator would have had to pressure them to give up something. That wouldn't have broken the deadlock. This case challenges several other assumptions about municipal dispute resolution: • Myth I: Cooperation requires compro- mise. With our strategy the parties saw the benefits they could obtain unilateral- ly, and they didn't give up any of those benefits to reach agreement. • Myth 2: Negotiation requires prior consent. We didn't ask the parties if they wanted to negotiate. They might have said no. Instead, we solicited their con- cerns and critiques. Of course, you can't resolve a complex dispute with a cookbook. These nine steps succeeded here because they were designed to surmount the obstacles to resolving this particular case. You'll have to design a strategy to overcome the barriers you face. But this example shows that it is possible to change the negotiation game, which is the first step toward agreement. WESTERN On, Ahlui,1990