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HomeMy WebLinkAbout2004-0126 PECPLANNING AND ENVIRONMENTAL COMMISSION • • • PUBLIC MEETING Monday, January 26, 2004 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt Gary Hartmann Rollie ICjesbo (departed at 4:30 pm) Doug Cahill George Lamb Site Visits MEMBERS ABSENT 1. West Vail Lodge- 2.211 North Frontage Road 2. Gannett Residence - 706 Forest Road Driver: George NOTE: !f the PEC hearing extends until 6:00 p,m., the board may break. for dinner from 6:00 - 6:30 PubUc Hearing -Town Council Chambers 2':00 pm 1. A request for a final review of a proposed amendment to the Town of Vail Official zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Gore 3 (CG3) to High Density Multiple Family (HOME), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Raadl Lots 1, 2, 3, and Tract G Vail Das Schone Filing 1 and Inn at West Vail Lot 1, Block A, Vail Das Schone Filing 3, in accordance with Section 12-3-7, Vail Town Code, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner: Matt Gennett TABLED TO FEBRUARY 9, 2004 MOTION: Doug Cahill SECOND: George Lamb VOTE: 7-0 Matt Gennett made a presentation per the staff memorandum. Staff was recommending denial of the applicant's request pursuant to the criteria outlined in the staff memorandum. The applicant made a presentation to the Commission. There was no public comment on the application. Upon discussion of the application, the Gommission encouraged the applicant to explore other options and be mare creative in the approach to redevelopment. The Commission expressed an interest in helping the applicant facilitate a resolution provided the goals of the Community could be addressed. The Gommission expressed little support for a rezoning and suggested the applicant consider the options provided by a special development district. a. ,~ TOWN Oti PAIL ~' 2. A request far a recommendation to the Vail Tawn Counci! for proposed updates to elements of the Tawn of Vail Comprehensive Plan, and setting forth details in regard thereto. Applicant: Tawn of Vail Planner: Elisabeth EckellGeorge Ruther MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 George Ruther made a presentation per the staff memorandum. Staff was recommending that the Commission forwards a recommendation of approval to the Vail Tawn Council. There was. na public comment an the proposed recommendation. The Commission suggested that a `pro~fem statement"be created as a preamble to the comprehensive plan proposal. Clearly, the purpose of the proposal is to respond to changing times and to bring our plans into the 2151 century. It was further recommended that dates be added to the proposed timeline. The Commission urged the Tawn Council to adequately fund this effort as it is crucial to the future continued success of Vail. 3. A request far a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-i0, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A & 9C, Vail Village 2nd Filing from Public Accommodation {PA} zone district to High Density Multiple Family (HDMF} zone district,. located at 28 S. Frontage Rd. and 13 Vail RoadlLots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner; George Ruther MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2004 4. A request far a recommendation to the Vail Tawn Council for proposed text amendments to Section 12-3-6, Hearings, Vail Tawn Code, to amend the notice requirements for Town of Vail Design Review Board public hearings, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2004 5. A request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building ar outs%de a building}, Vail Town Code, and a request far a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Cade, to allow for the construction of new single-family and two-family residential dweAing units, located at 730, 724, and 714 West Lionshead Crcle/Tracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lat} Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2004 2 6, A request far final review of a conditional use permit, pursuant to Chapter 16-12, Vail Town. Cade, to allow far changes to the previously approved conditions of approval for a seasonal use or structure (i.e. seasonal ice rink), located at 1778 Vail Valley Drive/an unplatted tract of land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly earth of Lat 3, Sunburst 3rd Filing within the Vail Golf Course, mare specifically described as follows: That part of Section 9, Township 5 South, Range 80 West of the 6'~ Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the mast northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-af-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-af-way line: (1) 119.32 feet along the arc of a curve to the left„ having a radius of 136.00 feet, a central angle of 50°38'21" and a chord that bears N72°59'22"W, 115.47 feet; (2) S81°41'30"W, 1$7.43; thence, departing said northerly right-of-way line, N08p18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28'38"E, 91.78 feet; thence S40°01'19"W, 490.77 feet; thence S77°00'32"W, 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W, 144.27 feet to the point of beginning, containing 6.47 acres, more or less, and setting forth details in regard thereto. • Applicant: Town of Vail Planner: Bill Gibson MOTION: Rollie Kjesbo CONDITION: SECOND: Chas Bernhardt VOTE: 7-0 1. Condition number 8 of the October 14, 2002, conditional use permit approval as follows (deletions are shown in s~l#ladditions are shown bold); $. This conditional use permit shall be valid from October 1 st to n ^ May 15 annually. No construction and/or installation of the seasonal ice rink, including any related equipment {including the zamboni shed} or structure, shall commence on the site earlier than October 1st annually. Dperation of the seasonal ice rink shalt end no Eater than April 1 annually. The seasonal ice rink, including all related equipment {including the zambani shed} and structures, shall be removed from the site by na later than ,4~i!-~st May l5 annually. The st©rage cif materials or equipment (including the zamboni} related to the seasonal ice rink shall not be permitted on the site later than April 1 st and earlier than Oetcber 1st annually. Bih Gibson made a presentation per the staff memorandum. Staff was recamrnending approval of the request. The applicant reiterated the reasons for the request. There was no public comment. The Commission expressed the importance of establishing realistic expectations for the removal date of the ice bubble and agreed with the applican#'s requested date change to the previously approved, condition of approval. • 7. A request far final review of a variance from Section 12-6D-6, Setbacks, Vail Town Cade, to allow far an addition in the setback, located at 796 Forest RoadJLot 13, Black 1, Vail Village 6~' Filing, and setting forth details in regard thereto. Applicant: Doug and Kathy Gannett, represented by Steven Riden Planner: Bill Gibson MOTION: George Lamb SECOND: Chas Bernhardt VOTE: 7-0 CONDITIONS: 1. The applicant shall revise the propose{ to reduce the size of the addition to the proposed living/dining roam within the setback by 20% ar four feet in height. 2. The applicant shal# revise the proposal such that all new decks or patio conform with the required setback requirements, except when replacing existing decks in the same location and configuration as the existing non-conforming encroachments. Bill Gibson made a presentation per the staff memorandum. Staff was recommending approval with modifications of the application. The applicant presented the proposed request for the Commission's consideration. There was no public comment. The Commissioners each stated their concerns about increasing the non-conformity of the structure, but agreed with the findings in the staff memorandum and approved the request with the two conditions outlined in the staff memorandum. In making a motion to approve the request with modifications, the Commission found that a physical hardship and special circumstances existed on the applicant's property. $. Approval of January 12, 2a~4 minutes MOTION: Doug SECOND: George VOTE: S-0 9. Information Update + Town at Vail Transportation plan update Public Accommodation zone district text amendments • Terms/Appointments 10. Adjaum MOTION: Doug Cahill SECOND: George Lamb VOTE: fi-0 The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 7~ South Frontage Raad. Please call 479-213; for information. Sign language interpretation available upon request with 24 hour natificatian. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published, January 23, 2064 in the Vail Daily. U 4 PLANNING AND ENVIRONMENTAL COMMISSION • • • PUBLIC MEETING Monday, January 26, 20{}4 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME, 12:00 pm MEMBERS PRESENT Site Visits MEMBERS ABSENT 1, West Vail Lodge- 2211 North Frontage Road 2. Gannett Residence - 796 Forest Road Driver: George NOTE; [f the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm ] . A request for a final review of a proposed amendment to the Town of Vail Official Zoning Map to change the zoning of the 1Nest Vail Lodge Properties from Cammeroial Core 3 (GC3) to High Densi#y Multiple Family (HDMF}, located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Raadl Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and inn at West Vail Lot 1, Block A, Vail Das Schone Filing 3, in accordance with Section 12-3-7, Vail Tawn Code, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner: Matt Gennett MOTION: SECOND: VOTE: 2. A request for a recommendation to the Vai! Town Council for proposed updates to elements of the Town of Vail Comprehensive Plan, and setting forth details in regard thereto. Applicant; Town of Vail Planner: Elisabeth EckellGearge Ruttier MOTION.; SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type Ill Employee Housing Units and a fractional fee club; and a request far a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A ~ 9C, Vail Village 2nd Filing from Public Accommodation {PA) zone district to High Density Multiple Family (HDMF) zone district, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: Russ Forrest MOTION: SECOND: VOTE: TABLED TO FEBRUARY 9, 2004 4. A request far a recommendation to the Vail Town Council for proposed text amendments to 1 h~~ ~~4~rhr ~~ ~~~~ ~ Section 12-3-6, Hearings, Vail Town Code, to amend the notice requirements for Town of Vail Design Review Board public hearings, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest MOTION: SECOND: VOTE: TABLED TO FEBRUARY 9, 2QQ4 5. A request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Gode, and a request for a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Gode, to allow for the construction of new single-family and two-family residential dwelling units, located at 730, 724, and 714 West Lionshead GirclefTracts A, B, C, ~ D, Morcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot) Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: SECOND: VOTE: TABLED TO FEBRUARY 9, 2QQ4 6. A request for final review of a conditional use permit, pursuant to Chapter 16-12, Vail Town Code, to allow for changes to the previously approved conditions of approval for a seasonal use or structure (i.e. seasonal ice rink), located at 1778 Vail Valley Drive/an unplatted tract of land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3`~ iFifng within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 8D West of the 6t" Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows; Beginning at the most northerly comer of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of--way line: (1} 119.32 feet along the arc of a curve to the left, having a radius of 135.DD feet, a central angle of 5D°38'21" and a chord that bears N72°59'22"W, 115.47 feet; (2) S81°41'30"W, 187.43, thence, departing said northerly right-of-way line, ND8°18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28°3$"E, 91.78 feet; thence S40°01'19"W, 490.77 feet; thence S77°00'32"W, 185.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'S6`"W, 144.27 feet to the point of beginning, containing 6.47 acres, more or less, and' setting forth details in regard thereto. Applicant; Town of Vail Planner. Bill Gibson MOTION: SECOND: VOTE: 7. A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Gode, to allow far an addition in the setback, located at 796 Forest RoadlLot 13, Block 1, Vail Village 6'~ Filing, and setting forth details in regard thereto. Applicant:. Planner: MOTION: Doug and Kathy Gannett, represented by Steven Riden Bill Gibson SECOND: VOTE; $. Approval of January 72, 2Q04 minutes MOTION: SECOND: VOTE: 9. Information Update Town of Vail Transportation plan update • Public Accommodation zone district text Amendments • TermslAppointments 1 d. Adjourn MOTION: SEC{DND: VOTE: The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 7b South Frontage Raad. Please call 49-2138 for information. 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NO rtl ,QSam~~i mom vacri$i a~-O ~ c m ~?-ooh Sao ac~o o 'q ._~a~n._ s° ~c°¢~~ ~~Z ~g.Q2 ~c--° ~ ..~~°QQx aa.u'a Em 3G~~a4 rU] ou. m v .e ao~ ai :i~r.l E'ni - f h m `-°~a'iO sr cn Qcv a A ~, a ~„ Cy ~~ ._ N~ m; EQN a~ ~c 5.°m' ~~ Ua MEMQRAI~DUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2004 SUBJECT: A request for a final recommendation to the Vail Town Council of a proposed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Tawn Cade, to the Town of Vail Official Zoning Map, to rezone the West Vail Lodge Properties, from Gommercial Core III {CC3) to High Density Multiple Family {HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Raad/lnn at West Vail Lot 1 Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC Planner: Matt Gannett I. SUMMARY The applicant, Vanquish Vail, LLC, has requested a change in the zoning designation of the West Vail Lodge properties, as described above, from Gommercial Care III (CG3) to High Density Multiple Family (HDMF). The West Vail Lodge is in a state of nonconformity with the standards of the CC3 zone and is subject to the provisions of Sections 12-8-4 and 12-8-5, Vail Town Gode, which place restrictions on nonconforming uses, and structures and site improvements, respectively. The current use as a hoteUlodge is not a permitted, conditional, or accessory use in the CC3 zone district, It is staffs position that rezoning the subject property will result in a significant loss of actual sales tax revenues, and an even larger loss of future, potential sales tax revenues. Staff is recommending denial of the applicant's proposal based upon the criteria and findings contained in Section Vll I of this memorandum. II. DESCRIPTIQIV [~F THE REClUEST The applicant, Vanquish Vail, LLC, has proposed to rezone the "West Vail Lodge Properties", which comprise 2298, 2288, 2278 Chamonix Lane and 2211 North Frontage Road ! Inn at West Vail, Lot 1 Block A, Vail Das Schone Filing 3, and Lots 1, 2, 3, and Tract C, Vaii Das Schone Filing 1, from Gommercial Gore 3 {CC3) to High Density Multiple Family (HOME), pursuant to Section 12-3-7, Vail Town Code. The applicant concedes that Public Accommodation {PA) would also be an appropriate zone district, but the long-term goals of the prop-arty owner are more congruent with the standards and uses of the HDMF zone. What the applicant wishes to accomplish with the requested zone change is the establishment of fractional fee units in the existing structure and construction of a new hotel facility on the northwestern portion of the site. • 1V. BACK~ROUnID In 1979, the West Vail Lodge was constructed under the jurisdiction of Eagle County and contained 83 accommodation units (hate) rooms}, 19 dwelling units, and substantial commercial square footage. In the early 1980s, the West Vail Lodge Properties were annexed iota the Tawn of Vail by Ordinance No. 43, Series of 1989, and received the zoning designation of Commercial Core III (CC3}. fn 2903, the new owners of the West Vail Lodge, Vanquish Vail, LLC, received Design Review Board approval far minor exterior alterations, which entailed repainting and stone veneer work. ROLES Qi= TFfE REVIEWING BOARDS Zoninc~IRezonina Request Planning and Environmental Commission:. Action: The Pianning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Pions, and impact on the general welfare of the community. Design Review Board: Action: The Design zoninglrezonings. Review Board has no review authority on Tawn Council: Action: The Town Council is responsible for final approvalldenial of a zoninglrezaning. The Tawn Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact an the general welfare of the community. Staff: The staff is responsible for ensuring that ali submit#al requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation an approval, approval with conditions, or denial Staff also facilitates the review process. • • 2 V, APPLICABLE PLANNING DC}CUMENTS .............. . Title 12, Zoning Regulations. Vail Town Code 72-3 Administration (in part} 92-3-7 Amendment: A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8. Initiation: ?. An amendment of the regulations of this title or a change in district boundaries may be initiated by the town council on ifs own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the tawn, or by the administrator. 2. A petition for amendment of fhe regulafions or a change in district boundaries shall be filed on a form to be prescribed by the administrator.. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries and a map indicating the existing and proposed district boundaries. If the petition is for a change in district boundaries, the petition shall include a lisf of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners` list shall include the names of alI owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. ~C. Criteria And Findings: Zone District Boundary Amendment: a. Factors, Bnumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider fhe following factors with respect to the requested zone district boundary amendment: (~) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The exfent to which the zone dlsfrict amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in fhe town's adopted planning documents; and (3) The extent to which the zone dlsfrict amendment presents a harmonious, Convenient, workable relationship among land uses consisfent with municipal development objectives; and (4} The extent to which the zone dlsfrict amendment provides for fhe growth of an orderly viable community and does not constifufe spot zoning as the amendment serves the besf interests of the community as a whole, and (5) 7`he extent fo which the zone district amendment results in adverse or beneficial impacts an the natural environment, including, but not limited to, wafer quality,. air quality, noise, vegetation, riparian corridors, hillsides and ofher desirable natural features; and (S) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district and (7) The extent to which the zone district amendment demonstrates how conditions have changed since fhe zoning designation of the subject property was adopted and is no longer appropriate; and ($) Such ofher factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. !Necessary Findings: Before recommending and/or granfing an approval of an application for a zone district boundary amendment the planning and environmental commission and the town council shall make the following findings with respecf to the requested amendment (7} That the amendment is consistent with the adopted goals, objectives and policies outlined in fhe Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suifabfe fo adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and genera! welfare of the town and promotes fhe coordinated and harmonious development of fhe town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. F. Planning And Environmental Carnmission Recommendafion: Within twenty (2f1) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the pefition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish fhe purposes of this fine, or may recommend denial of the petition or rejection of the proposal, The commission shalt fransrnif its recommendation, together with a report on fhe public hearing and ifs deliberations and findings, to the town council. 4 G. Hearing By Town Council: Upon receipt of the repvrf and recommendation of the planning and environmental commission, the town council shall set a date for hearing In accordance with subsecfion 72-3-68 of this chapfer. H. Action By Town Council: Within twenty (20) days of fhe closing of a public hearing on a proposed amendment, the town council shall act vn the petition yr proposal. The town council sha!! consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced fo amend fhe regulations of this fide yr tv change district boundaries, either in accordance with the recommendation of the planning and environmenta! commission or in modified farm, yr the counci! may deny the petifion. !f the council elects to proceed wifh an ordinance amending the regulations or changing district boundaries, or bofh, the ordinance shall be considered as prescribed by fhe charter of the town. Chapter 6 Residential Districts ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF} DISTRICT SECTION: 12-6H-1: Purpose The high density multiple-family district is intended t© provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate fight, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards, Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vaii as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-2: Permiitted Uses The following uses shall be permitted in the HDMF district: t_odges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%} of the total gross residential fkoar area (GRFA} of the main structure or structures on the site, additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential condominium dwellings. dwellings, including attached or row dwellings and 12-6H-3: Conditional Uses 5 The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chanter 16 of this title: Bed and breakfas# as further regulated by section 12-14-18 of this ti#le. Churches. Dog kennel Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreation facilities. Public transporkation terminals. Public utility and public service uses. Ski lifts and tows, lime share estate units,. fractional fee units and time share license units. Type Ill employee housing units {EHU) as provided in chanter 13 of this title. 12-6H-4: Accessory uses The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Qther uses customariiy incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6H-5: Lot Area and ©imensions The minimum lot or site area shall be #en thousand {10,000} square feet of buildable area, and each site shall have a minimum frontage of thirty feet {30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet {$0') on each side within its boundaries. 12-fiH-6: Setbacks • 6 The minimum front setback shall be twenty feet {20'}, the minimum side setback shall be twenty feet (2D°), and the minimum rear setback shall be twenty feet (20'}. 12-6H-7: Height For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'}. For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-6H-8: Density Control 'Nat more than sixty (60) square feet of grass residential floor area {GRFA} shall be permitted. for each one hundred (100} square feet of buildable site area. Not mare than sixty (00) square feet of grass residential floor area shall be permitted for each one hundred (100) square feet of buildable site area far any conditional use listed in section 12-6H-3 of this article. Total density shall nat exceed #wenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as ane-half (1I.2) of a dwelling unit far purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit na larger than one-third (1I3) of the total floor area of the dwelling. 12-6H-9: Site Coverage Site coverage shall not exceed fifty five percent (55%) of the total site area. 12-6H-10: Landscaping and Site Development At least thirty percent {30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet {15') with a minimum area not less than three hundred {300) square feet. 12-6H-11: Parking and Loading ©ff-street parking and loading shall be provided in accordance with chapter 10 of this ti#le. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. Na parking shall be located in any required front setback area. Chapter 7 Commercial and Business Qistricts ARTICLE D. COMIIfIERCIAL CORE lil (CC3} DISTRICT SECTION: 12-D-1: Permitted Uses The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions„ 7 Bating and drinking establishments, including the following: Cocktail lounges, taverns and bars; Coffee shops; Fountain and sandwich shops; Restaurants. Health clubs Personal services and repair shops, including the following: Barbershops; Beauty shops; Business and officer services; Cleaning and laundry pick-up agencies without bulk cleaning or dyeing; Coin-operated yr self-service laundries, Shoe repair; Small appliance repair shops, excluding furniture repair; Tailors and dressmakers;Trave6 and ticket agencies. Professional affces, business offices, and studios Retail stores and establishments without limit as to floor area including the following; Apparel stores; Art supply stores and galleries; Auto parts stores; Bakeries and confectioneries, preparation of products for sale on the premises; Bookstores; Building materials stores without outdoor storage; Camera stores and photographic studios; Candy stores; Chinaware and glassware stores; Delicatessens and specialty food stores; Department and general merchandise stores; Drugstores and pharmacies; Florists; Food stores; Furniture stares; Gift stores; Hardware stores; Health food stores; Hobby stores; Household appliance stores; .lewelry stores; Leather goods stores; Liquor stores; Music and record stores; Newsstands and tobacco stores; Photographic studios; Radio and television broadcasting studios; Radio and television stores and repair shops; Sporting goods stores; Stationery stores; Supermarkets; Toy stores; Variety stares; Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7d-2: Conditional Uses The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chanter 1 fi of this title: Any use permitted by section 12-7D-'! of this article which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. Drive up facilities. Major arcade, Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities, Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities, Theaters, meeting rooms, and convention facilities. Transportation businesses. Type III employee housing units (EHU) as provided in chanter 13 of this title. 12-7D-3: Accessory Uses The following accessory uses shall be permitted in the commercial core 3 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted ar conditional uses, and necessan} for the operation thereof. 12-7D-4; Lot Area and Site Dmensiions The minimum lot or site area shall be twenty five thousand (25,000} square feet of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). 12-TD-5: Setbacks In the commercial core 3 district, the setback shall be twenty feet (20°) an all exterior boundaries of the zone district. 12-7D-6: Height For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35'}. For a sloping roof, the height of buildings shall not exceed thirty eight feet (38°). 12-7D-7: Densiity Control Not more than thirty {30} square feet of grass residential floor area (GRFA) shall be permitted far each one hundred (100} square feet of buildable site area. Total density shall not exceed twelve (12) dwelling units per acre of buildable site area. 9 12-7D-$: Site Coverage Site coverage shall not exceed forty percent (40%) of the total site area. 12-7D-9: Landscaping and Site Development At least twenty five percent (25%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300} square feet. 12-7D-10: Parking and Loading ©ff-street parking and loading shall be provided in accordance with chanter 10 of this title. Na parking or loading area shall be located in any required front setback area. 12-7D-11: Location of Business Activity A. Limitation; Exception: All permitted and conditional uses by sections 12-7D-1 and 12- 7D-2 of this article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Qutdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. VI. POTENTIAL SITE ZQNING ANAYSiS (Note: The subject property is comprised of five separate lots totaling 3.94 acres or 172,01$ sg ft.) Project site: Lots 1, 2, and 3, and Tract C, Vail Das Schone Filing 1; and Lot 1, Block A, Inn at'V~.+est Vail Proposed Zoning: High Density Multiple-Family (HDMF) Land Use Designation: Community Commercial ~ Medium Density Residential Current Land Use: LodgelHotelfEating & Drinking Establishments Development Standard Existing AflowedlRea (CC3) Allowed/Reg. fHDMF) Lot Area: 172, 018 sq ft 25,000 sq ft 10, D00 sq ft Buildable Lot Area: 3.89D acres 25,000 sq ft 10,000 sq ft (169,448 sq ft) Setbacks: Front: 63' 20' 20' Sides: 123'149' 20' 20' Rear: 82' 20' 20' Building Height: 10 • Flat roof: Sloped roof Density= GRFA: Site Coverage: Landscape Area: 35' 58' 38' 19 DUs & 46 DUs & 83 AUs 0 AUs 43, 532 sq ft 51,.500 sq ft 15% 40°I° {34,538 sq ft) (88,841 sq ft) 14% 25% (24,082 sq ft} {43,001 sq ft} 45' 4$' 98 DUs & 49 AUs 103,200 sq ft 55% {94,502 sq ft} 30% {51,801 sq ft) Vil. SURROUNDING LAND USES AND ZONING Land Use Zoning North:. Residential Two-Family PrimaryfSecandary Residential (PS) South: {I-70) NA East Carnmercial Commercial Core 111 {CC3) West: Commercial $~ Commercial Care III (CC3) &Two-Family Residential PrimaryiSecondary Residential {PS) VIII. CRITERIA AND FINDINGS (1) The extent to which the zone district amendment is consistent with al[ the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Of the total area of the site, approximately 86%° is designated by the Tawn of Vail Comprehensive Land Use Plan as Community Commercial, as is the remainder of the CC3 zone district, and 14% {Cats 1, 2, and 3, Vail Das Schane, Filing 1} as Medium Density Residential. The Vail Land Use Plan allocates 12.5% of the total land area in Vail toward the Medium Density Residential designation, and 0.7% toward Community Commercial, The plan also forecasts a shortfall in "local related retail space" of 18,422 square feet and suggests intensifying the Community Commercia! uses located exclusively in West Vail as the preferred remedy to this problem. The relevant portion of the Vail Land Use Map has been attached fior reference (see Attachment F). Under the "Preferred Plan" Land Use Pattern section of the Vail Land Use Plan, the following is stated {p. 36}: B. Commercia! Uses 4. Community Commercia! I1 This new category has been designated for the west Vail commercia! area, which is primarily oriented to serve the treads of the permanent resident and the long-term visitor Because the community expressed the desire to concentrate commercial uses within existing commercia! nodes, no new commercial areas have been designated. The GC land use area contains 24 acres or 1 °!o of the land area. Fal{owing this vision expressed by the community, it is not prudent to recommend approving a zone change request that would effectively remove a substantial portion of the Community Commercial land use area that will not and cannot be replaced. ~f the 24 acres #hat comprise the Communify Commercial area and CC3 zone district, one-sixth {116}, or four acres, is made up of the West Vail Properties. Because of the way the plan is written, as demonstrated above, the Vail Land Use Plan would need to be amended to accomplish the proposed zone change, which staff could nat recommend approval far either. The community specifically expressed the desire to concentrate community commercial uses in the CC3 zone district, which, again, exists only in this one area of West Vail. There is no other location in town zoned for community commercia! uses, and many other locations zoned for high density multiple family uses to locate. If the applicant proposes to amend the Vail Comprehensive Land Use Plan, then staff would recommend a reconvening of the citizenry in order to reconsider the specific vision originally expressed by the community in the plan for the area in question. As they stand today, the Community Commercial land use designation and the CC3 zone district work in concert. together to serve the needs of the Town of Vail as a viable community. If this relationship and scarce resource are allowed to be disrupted and severed by such an extreme shift in zoning and {and use, the consequences will be detrimental to the functionality of the entire Town of Vail, The Vail Land Use Plan designates Lots 1, 2, and 3, Vail Das Schone, Filing 1, as Medium Density Residential, which is described as follows: Medium Density Residerrfiiaf The medium density residential categ©ry includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 74 dwelling units per buildable acre. Additional types of uses in fhis category would include private recreation facilities, private parking facilifies and institutiona!lpublic uses such as parks, open space, churches, and fire stations- The Vail Land Use Plan designates Lot 1, Block ,4,, Vail Das Schone, Filing 3, and Tract C; VaiP Das Schone Filing 1, as Community Commercial, which is described as follows: C©mmurrity Commercial This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleanfng establishments, hardware stores, service stations, financial institutions, and medico! offices. 1~ The design of these facilities would fie oriented toward vehicular access and parking. (2} The extent to which the zone district amendment is suitable with the existing and paten#ial land uses on the site and existing and potential surrounding land uses as set out in the town"s adopted planning documents; and Staff response: The West Vail Lodge itself is in a state of nonconformity with the standards of the CC3 zone district in terms of its use as a hotelllodge, which is not a permitted, conditional, or accessory use in the CC3 zone district. The Commercial Core 3 (CC3) Zone District is unique in the Tawn of Vail as it alone provides the basic goods and services that a community needs in order to function on a daily basis, as demonstrated in the list permitted uses (refer to Section V of this memorandum}. The applicant states there is a rational nexus far their proposal between the land use designation far the three lots called out as Medium Density Residential and the requested zone change to HDMF (See attachment D}. Staff disagrees with this stated connection far numerous reasons. There are significant differences between a Medium Density Residential land use designation, as stated in the Town of Vail Comprehensive Land Use Plan, and the standards of the High Density Multiple-Family zone district, as stated in Title 12, Zoning Regulations, Vail Town Code. Mare fundamentally, there is a substantial difference between what constitutes regulation and that which constitutes a guiding policy. Additionally, the existing' zoning of the entire 3.9 acre subject property, and the properties on either side, is CC3. Of the total area of the site, approximately 86% is designated by the Land Use Plan as Community Commercial, as is the remainder of the CC3 zone district, and 14% (Lots 1, 2, and 3, Vail Das 8chone, Filing 1 } as Medium Density Residential. While there is a strong connection between the standards of the CC3 zone district and the details of the Community Commercial land use designation, the same cannot be said of the relationship between the HDMF zone district and the Medium Density Residential land use designation. Also, there are no HDMF zone districts in the West Vail area and the CC3 zone district exists no place else except in the West Vail area. (3} The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff response: The small amount of land zoned CC3 is intended to serve the year-round residents, which include a significant portion of the local labor farce, living in the Town of Vail. Zoning, in general, was created and established to separate certain types of land uses and organize them in a logical, compatible manner. Separated zone districts protect certain uses by keeping like uses in one area, and not allowing dissimilar uses in fhe same area. Likewise, zoning sets market expectations far land values and curbs speculation by specifying what is allowed and what is not allowed in a certain zone district. 13 For example, the uses in the CC3 zone district are protected by the fact that a property owner in CC3 would not expect to sel! an acre of land for the same price as an acre in the High Density Multiple Family (HDMF} zone district. The reason for this is that the "highest and best use" in HDMF might be fractional- feeltirneshare, which could be developed and resold for a much larger profit than a grocery store, perhaps the "highest and best use" in CC3. In this way, the Community Commercial oriented uses in the CC3 zone district are protected from Sand value speculation because investors have a list of what uses are permitted in the CC3 zone district, (4} The extent to which the zone district amendment provides for the growth of an orderly viable common"rty and does not constitute spot zoning as the amendment serves the best interests of the community as a whole, and Staff response: How could the Planning and Environmental Commission (PEC} justify a radical shift in zoning for such a large parcel of land, and not for any of the smaller lots in CC3? Defending the position that the proposal would not result in a spot zoning would be ethically impossible for a planner to do in this case. Given that there are no other gaps in the CC3 zone district today and the gaping disparity between the types of uses permitted in HDMF and CC3, there is no context for this proposal Furthermore, the subject site constitutes one- sixth (1f6}, or twenty percent (2C1%), of the entire CC3 zone district. Permitting such a radical shift in zoning for such a large psece of the already tiny CC3 zone district would not serve the best interests of the community that depends upon this zone district for their goods and services. Equally relevant are the economic consequences of rezoning such a large portion of the West Vail commercial area. According to the Town of Vail's Finance Department, West Vail, Cascade Village, East Vail, and Sandstone together generated $3,569,747 in sales tax revenues. Of this total, approximately 90°I°, or $3.2 million, came from the businesses in the CC3 zone district. Considering that the subject property encompasses 20% of the CC3 zone district, a substantial amount of sales tax revenues will be lost to the town. More importantly, a huge percentage of potential future sales tax revenues will be last to the opportunity cost of rezoning four acres of commercially zoned land to high density multiple-family. if the four acres in question were redeveloped to fit the zoning, rather than rezoned to fit the development, a significant amount of new sales tax revenues could be realized by the Town of Vail. (S} The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff response: It is staff's belief that the proposed rezoning of the West Vail Lodge Properties would be detrimental to the Town of Vail's future as a viable l4 community because it will likely cause a "Domino Effect" for the rest of the CC3 zone district. If the 3.9 acre subject site is rezoned to HDMF, the land instantly increases in value because its maximum potential, in terms of profitability, increases exponentially. Once this "spot zoning" is accomplished, the surrounding landowners will observe the potential being realized on a neighboring property and expect the same can be accomplished on their own.. While a rezoning does not necessarily establish a legal precedence, it does set up an example where, in this instance, a radical shift in type and intensity of uses that are entirely outside the scope of the previous zone suddenly becomes reality. Why would a neighboring property owner choose to retain his or her land in its capacity as a Laundromat or hardware store if the owner knows that it is plausible to apply for a zone change which could result in an exponential rise in property value? {6} The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Staff response: The Purpose Statement of the HDMF Zone Distric# is stated as follows: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty floe (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable resr'dential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. The purpose statement of the HDMF zone district clearly contemplates residential dwellings, hotelllodges, and recreational facilities oriented toward the visitor al] blending together in a harmonious pattern. Under the applicant's proposal, the envisioned, harmonious pattern and context of development is not possible because of the predominantly Community Commercial land uses already located in the immediate vicinity. Hardware stores, liquor stores, dry cleaners and supermarkets do not blend harmoniously with resort accommodations and condominiums. It is staff's belief that the proposed zone district amendment is ill conceived as it is not consistent with the purpose statement of the proposed zone district. (7} The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and lJ Staff resp-once: Conditions have not changed substantially since the zoning designation of the subject property was established, as can be discerned from the uses that surround the Wes# Vail Lodge in the CC3 zone district. Every other use present in the CC3 zone district beside the subject property is sn conformance with the comprehensive land use plan and the standards of CC3. The zoning designation of the site in question is still more than just appropriate and remains vital, especially considering the size of the combined area of the West Vail. Lodge Properties. The fact that a preexisting, nonconforming land use and structure remain on the site does not grant an inherent justifcation for the nonconformities to continue and develop further.. The zoning designation for the site is crucial to the Town of Vail's present and future sales tax revenues, and the site should be redeveloped to meet the standards of the CC3 zone district, rather than rezoned to better suit the needs of the developer and to fit the parameters of the preexisting nonconformities. {$) Sueh other factors and criteria as the commission andlor council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development iDepartment recommends ghat the Planning and Environmental Commission forwards a recommendation of denial to the Town Council of an amendment to the OfFcal Town ofi Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone the West Vail Lodge Properties, as described above. Staffs recommendation of denial is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony .presented, subject to the following findings: (1) That the amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and not compatible with the development objectives of the Town; and (2) That the amendment is not compatible with and suitable to adjacent uses and not appropriate for the surrounding areas; and (3) That the amendment does not promote the health, safety, morals, and general welfare of the town and does not promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to faruvard a recommendation of approval to the Town Council, the following findings must be made: (1) That the amendment is consistent with the adopted goals, abjectiwes and policies outlined in the Vail comprehensiwe plan and compatible with the development objectives of the Town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and lb (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmoNous development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. X, ATTACHMENTS A. Vicini#y Map B. Site & Floor Plans C. Adjacent. Property ~OwnerslPublic Notice D. Applicant's Proposal E. Zoning Map (excerpt) F. 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Frontage Rd, 210311415020 Town o~ Vail 210311415018 Lot 8, Block A, Vail Das Schane Filing 1 2309 Chamonix Lane 2103114-01030 Lot 7, 2299 Chamonix Lane 210311401007 Lot 6 2289 Chamonix Rd. (Sunlight North} 210311408001 2103 11408t1E}2 210311408003 210311408004 Lot 5 2269 Chamonix Rd. 2103114!17001 210311407002 2103114617003 210311407004 Mailing Address ~ MCDONALDS CORD PO BOX 1329 GLI~NWOOD SPRINGS, CO 81602-1329 WEST 'T'AIL MALL CORP 233 MILWAUKEE DENVER, CO 80206 FIRST BANK OF VAIL CIO FIRSTBANK HOLDING CO PO BOX 150097 LAKEWOOD, CO 8021 S TOWN OF VAIL 75 S FRON'T'AGE RD VAIL, CO 81657 AUGUST, CAREY Z. & BRETT A. -JT 399 FULLERTON PARKWAY CHICAGO, IL b0614 V INEFERA I NC PO BOX 3819 VAIL, CO 81658-3819 GARBE, DWIGHT S. & JULIE L. 220 GAMING} DE LAS COLINAS REDONDO BEACH, CA 90277 BROWN, ASHLEY C. & ELIZABETH M. GOONEY 2289 CHAMONIX LN 2 VAiL, CO 51657 GARBE, WARREN M., LAURA A. &. CHRISTOPHER S. 2289 CHAMONIX LN UNIT 3 VAIL, CO 81657 GOLDEN, DAVID S. C!O GAiL MARGOLIES REID CPA PC 4555 MANSELL RI7 STE 120 ALPHARETTA, GA 30022-8278 MOPPET, GREGORY J. & CHRISTINE P. 2958 S FRONTAGE RD B1S VAIL, CO 81657 SANDERS, JACK S. Loz 4 2249 Chamonix Rd. 2103114-06001 210311406002 210311406flfl3 210311406004 Lot 2, Tall Pine 2239 Charnonlx Rd. 21fl3i1425005 21fl3i1425006 2199 Chamonix Rd. 210311404001 - 32 i • 730 HOBBS RD JE~-r~RSON CITY, MO 65109 HOLDSTOCK, STEVE & ALEXANDRA -JT PO BOX 1542 VA1L, CO 81.658 TOBEY, GINA 163fl OGDEN ST DENVER., CO 802I8 CHAIVIOMX LANE PARTNERS 2249 CHAMONIX LN VAIL, CO 81657 CHARLES H. STONE FAMILY LP PO BOX i 392 VAIL, CO 81658 KURTZ, JERRY 2249 CHAMONIX 3 VA1L, CO 81657 VAIL GEAR CORD INC ATTN STEVE MELZER 641 LiONSHEAD MALL VAIL, CO 81657 ROLLAND, ROBERT D. & JODI T. -JT 614(} S POTOMAC WAY ENCrLEWOOD, CO 8flI11-6633 STANDAGE, KATHY -OLDHAM, MICHAEL L. 10131 W ELLSWORTH AVE GOLDEN, CO 80401 PINE RIDGE TOWNHOUSE HOMEOWNERS ASSOC. PO BOX 2135 VAIL, CO 81658 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Cade of the Town of Vail on January 12, 2004, at 2:00 P.M. in the Town of Vail Municipal Bui{ding. fn consideration of; A request for a recommendation to the Vail Town Council of a proposed text amendment to the Zoning Regulations, Title 12, pursuant to Section 12-3=7, Vail Town Cade, to allow far revisions fa the development standards prescribed in Chapter 12-7A, Public Accommodation (PA} Distric#, Vail Town Code and setting forth de#aiis in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: George Ruther A request far frnal review of a conditional use permit, pursuant to Chapter 16-12, Vail Town Code, to allow for changes to the previously approved conditions of approval for the redevelopment of the Vail Mountain School, located at 3220 Katsas Ranch Raadl Lats 1 and 2 Vail Mountain School Filing. Applicant: Braun Associates, Inc. Planner: Elisabeth Eckel A request for final review of a variance from Section 12-14-17, setback from watercourse, Vail Town Gale, to allow for improvements within the setback from Gore Creek, located at 680 West Lions Head Place/Lot 3, Black 1, Vaii Lionshead 3~d Filing, and setting for details in regard there to. Applicant: Antlers Condominium Association Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a proposed Zane District Boundary amendment pursuant to Section 12-3-7, Vail Town Code, to the Town of Vail Official Zoning Map, to the zoning of the West Vail Lodge Properties, from Commercial Core III (CC3} to High Density Multiple Family (HOME), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Roadfinn at West Vail Lot 1 Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on ail levels of a building or outside a building}, Vaii Town Code, and a request far a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of new single-family and two-family residential dwelling units, located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot) Applicant: VaiE Resorts Development Company, represented by Braun and Associates Attachment; D November lb, 2003 Department of Community Development Town of Vail 75 S. Frontage Rd. Vail, CO 81b57 RE; Rezoni~ag Request far the West Vail Lodge Dear Planning Staff: A]]isnn Uelts Planning Consulting Services 1 am making this application an behalf of the current owne ~,'Y~nyuish Vail, LLC, of the West Vail Lodge. We are proposing to rezone the West ~'~}1< Lodge Properties, which includes 2298, 2288, 2278, Chamonix and. 2211 N, FrontagR 1;2d. 1 Inn,at West Vail, Lot 1, Block A, Vail Das Schone Filing 3 and Lots 1, 2, 3, and Tract C, Vail Das Schone Filing 1. We are currently proposing a rezoning from Commercial Core III to High Density Multiple Family. While Public Accommodation may also be an appropriate zone district for the site, High Density Multiple Family more closely aligns with the long-term goals. of the property owners. As you are aware, the current zoning designation of Commercial Core III presents obstacles to redeveloping the property because of its non-conforming status with regards to the property's current use as a hotel. While we are proposing a rezoning, we would be open to other options that would allow for redevelopment of the site, while maintaining its current primary use as a hotel. Options that we have identified include a rezoning to the ;High Density lvlultiple Family zone district, the Public Accommodation zone district, text amendments tom Commercial Core III zone district, text amendments to other zone districts, andlor the application of a Special Development District. We are also looking far direction about whether amendments are necessary to the Vail Land Use Plan, or to other relevant code sections, including. the definition of "lodge." We are looking for the guidance of the Community Development Department and the Planning and Environmental Commission to help in the redevelopment of an important property in the Town of Vail. We believe that the West Vail Lodge promotes the Town's ability to offer awide-variety of lodging choices to its guests. However, the property also needs. to be improved and upgraded to meet the desires of consumers. The necessary improvements and upgrades cannot be made without the guidance of the Town of Vail. Sincerely, f A4lison C. ®chs, AICP 1 if lfl03 Rcwning Request for the West Vail Lodge Allison 4ehs Planning Consulting Services A, A description of the proposed ehan~es in district boundaries The proposed request is a rezoning of the following West Vail Lodge properties: 229$, 2288, and 2278 Chamonix and 2211 N. Frontage Rd,, Inn at West Vail, Lot 1, Block A, Vail Das Schone Filing 3, and Lots I, 2, 3, and Tract C, Vail Das Schone Filing 1. All of the properties are currently zoned Commercial Core IIL The proposed change in district boundaries includes a rezoning from Commercial Core III (CC3) to Migh Density Multiple Family (ROMP}. The West Vail Lodge property, constructed in ]979 under Eagle County jurisdiction, includes 83 accommodation units {hotel rooms), 19 dwelling units and significant commercial floor area. In the 1980's, the Town of Vail annexed the property and applied CC3 zoning. This zoning designation does not allow dwelling units or accommodation units as a use and the property has been rendered non-conforming ever since its annexation into the town. Under the applicable CC3 zoning, the following non-conformities currently exist: Use (residential dwelling units) Use (accommodation units} s Density (unitslacre) Landscaping Parking located within required setbacks Height The proposed rezoning would allow for the property to come into conformance with the use and density regulations of the HDMF zone district. Unfortunately, the Town does not currently have a zone district that would render the property completely conforming to the development regulations as outlined by the Zoning Regulations. However, the current zoning designation does not allow any square footage to be added to the existing hotel rooms, and the owner would like to be allowed to improve the property through minor additions in square footage to the hotel rooms. B. 1-low the proposed _change. in distri.e,.t hounrl~,ries is .consistent with the adopted goals_ objecfiives_a.nd policies outlin.etl in the Vail Comprehensive Plan and compatible with th.e: Town of Vail's development objectives. The following goals, objectives, and policies as identified in the Vai] Land Use Plan are applicable and consistent with the proposed rezoning. Y. Ce-aeral GrowthfDevelopn:ent l,l Vail should continue to grew in a controlled environment, maintaining a balance between residential, catnmercial and recreational uses to serve both the visit~~r and the permanent resident. ~ v i bro:~ Rezoning Request for the West Vail Lodge Allison Ochs Planning Consulting Services 1,3 The duality of development should lee maintained and upgraded whenever possible, 1.12 Vail should accammadate mast of the additional growth. in existing developed areas (infill areas)- 2. SkierlTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitvr.s•. 2.2 The .ski area owner, the Business community, and the Town leaders should work closely together to make existing facilities and the Town function mare efficiently. 3. Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.3 Hotels are important to the continued success of the Tawn of Vail, therefore conversion to condominiums should Be discouraged.. 3.4 Commercial growth should he concentrated in existing commercial areas to accammadate Both local and visitor needs. 5. Residential .~.1 Additional residential growth should continue to occur primarily itz existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should Be accommodated to help keep occupancy rates up. The Vail Land Use Plan designates Lats 1, 2, and 3, Vail Das Schone Filing 1, as Medium Density Residential, which is described as follows: tl~fedium Density Residential The medium density residential category includes housing which would typically Be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in ibis category would include private recreation facilities, private parking facilities and institutional/public uses such as parks, open space, churches, and fire stations. The Vail Land Use Plan designates Lot 1, Block A, Vail Das Schone Filing 3 and Tra~:t C, Vail Das Schone Filing 1, as Community Commercial, which is described as follows: Gornrnunity Commercial This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets,. clry cleaning establishments, hardware stares, .service stations, financial institutions 2 l l f l 6/03 Rc2o~ung Request for the West Vall Lodge Allison ©ctts Planning Consulting Ser.^ices and medical offices. The design of these facilities would be oriented toward vehicular access and parking. The purpose of the HDMF' zone district is stated as follows: .12-6~I-I: PURP()S~: The high density multiple family district i.5• intended to provide sites for multiple=j`amily dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, pri.vute recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. The proposed rezoning results. in a property in greater compliance with the zone district it is proposed to be designated as, and is in compliance with the purpose statement of the proposed zone district. C. How the pr~pnser~ change in distrirr hnundaries_is con?p~i~ible with and suitable to adiacent uses and annrouriate for the area, The combination of lodge and commercial uses is suitable to the vehicular- oriented nature of adjacent uses and residential uses. While adjacent properties are zoned C~3, there are higher density properties to the north of the site. In addition, this site is unique in the fact that there is an existing lodge on the site, a use not allowed by the CC3 zone district. As a result, improvements to the site have been limited. By allowing this site to come into conformance with the allowable uses of the proposed zo-ae district, improvements can be made to the property that will make the property more compatible and suitable for the area. D. How th~rc~pased change in district boundaries is in the best interest of the public health-. safety. and welfare. Because the property is currently non-conforming with regards to use, few, if any, improvements have been completed in the past. As a result, the building is also non-conforming with regards to many Life safety issues as provided by the Uniform Building Code. A rezoning of the property will allow the applicant to improve the property, creating a safer building.. 11//6103 Rctoning kequestfar the West Vail Lodge • Development Standards; l.nt Area: Buildable Lot Area: Den si t_rr:. Allowed (CC3}; Allowed (HOME}. Existing: CrRFA: Allowed (CC3): Allowed (HOME): Existing: Commercial Flr~or Area: - Allowed {CC3): Allowed (HOME}: Existing: setbacks; Required (CC3}: Allowed (HDMFj: Existing. Site Coverage: Allowed (CC3): Allowed (HOME): Existing: Parking: Required {CC3): Allowed (HOME) Existing: Landscanin'g: Required {CC3): Allowed (HOME): Existing: Allison Ochs Planning GansulSng Services 3.5 acres or 172,062 sq. ft. 3.890 acres or 169,448 sq. ft. 46 d.u.'s 98 d.u.'s 19 d.u.'s and 83 a.u.'s = 60.5 equiv. d.u.'s S0,S34 sq. ft. ] 01,669 sq. ft. 43,532 sq. ft. N~ limit 10,323 sq. ft. 17.,252 sq. ft. 20' on all sides 20' on all sides 20' on akl sides 40% or 68,807 sq. ft, 55% or 94,634 sq. ft. 20.1% or 34,576 sq. ft. 1$4 spaces 1$4 spaces 191 spaces 25% of site area ar 45,395 sq. ft. 30%n of site area or 51,61$ sq. ft. less than 15% (exact unknown} a l v 16fo3 attachment: E ~ ~ ~, cn \'~ ~r m ~ ~- ~ r` ~~..` a ~ P ~' f rn ``\ ;~'' o ~ . ~ ~_ ` ~ i'~ .~` y~ ~ , r` i . ~ ~. ~~ ~` -r . _ 3 ~ ~ ~ ~~~ ~f~ ~' ~ m rJjr/ ~ ~ ~ {y Q \ s, ~ ~~~ I ~, S ~ it CD ~ ~' S cv ' rn ~I co c°v 1 ~ v ~y ii L I N y+ ~ }~ 3 :-~ ~ ~ ~ i ~ ~ ~ ~~ ~ ~ A ~ '- ~,, j `y w ~ I N I I I if (D I c[7 N .~ ! ~ N a,~t N r. ~ r ~ ~~ ° °~ ~`. (' O v r ~ N ~ N W ~ ~ rn ii .~'W ~ ~ Q ., ~ ~ ,~ f V ~ ~ ^w T'~ r n i ~ ~ ~ ~ ~ ~ ~~ ` ~~ m ~ G ~ ~ N ~ ^~ W f i N ~ / J r / ~ o f. ~ ~ ^r~ _ ~ ~I ~ ~~. ~ ~ ~ ~ ~ ~' ~' ~` ~f~~Ieoooa r~ + ~ f~rJ ~ !rt ~.. _ iu~xr.7 I .~ o~ ~,~~~11 ~ ~ nea42on „`moo ~U ~ ~ ~ 6TUpc-yripu O<iC (u IA G4 C~'OO^ '~+xI OG r~Y ~~~{r4 ~~ ~i;~ L~ ~ v l ?04s;/GOC.~G. 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', r= V I !r ~ ~ _ ~ ~ I~e ~ .. •Fi ~ r ~ / ` ~ .\ ~ ~/ V ~ I l .- ._ _..__ _..... _ -- ~ \ N ` ~\ Q ~ ~ ~ u~ ~, ~''~ ~' fem.. ~~ I ~- .. U r ; r ry ,' ~ N T rrl or, ~ / ~ m,\ti ~ lax ~~ ~~- vl c7 ~ O G © ~ ` - ~ ~ ~ .- . ! r`/ ~ \\\ ~' { /- i tQ ~I //f ~ f O e'7 N~ O1~/i/v`~, ~ ~ ~ W M ^. `~ ~ 4p ~ /ry/ /~ ,~'~ ~ I ~ ~/ ~ m ~ fJ~~ o '°~ ~ _ m Attachment: F ~ z Q~ '~ . r ',~ ,~ ~~ ~``, ~. ~ '~ \ -r ~~ _ ~`ti ~' ~,, ~ '.~ ~``~ ~; ! ,~. ~s ~ ~ ~~ }, w ~~ L~ a"se ~... ii9 ,, ,' ~lrl ~!! Z, ::.~~ e'~ tip(' t(r / j ~J ~ ` f ~ ~ o '~ + ~ '~, ~~v ,~~ ~ i ~ ~ ~ 4? ~ ~ ~ Q ~ ~ 0 ~= ~' C? ~ n6 ~^ aci Z_ C ~ ~ ~~ ~ ~ ~ ~ ~ ~ C o m J ~ U C3 ~ J ~ ~ J ~~, ~: \\ * :. ~ \ t3 J (n to w _ i \ ` ~ ~ ~ ~ f~ ,` ~ ~ ~, m r--~ ~ ~ ~ ~ s cfl ~` '` °' ~ ' ~ '~ ti rH rn Q W ~\ ~ ~~~ ~~- V ~, `~' ~ ~ `.L: T N ~ ~ ,., --- ~ iii ~,. ~~ ~ ` '. ~ ~ ~ ~ `4 ~rr ~ ~ ~7 t ~, r J ro `~ ar ~ T' ~ ..~ L'N ch rr ~ OS M -^ N ~ '~° Nom" \ h° ~ ~CYI ~ ~ ` ~ Cam` _ (,} 453 '}~ ~ ~~` ``' / ~~, ~~ CV // ~ try _~ ~~~` `~ ~'~ n- ~ \ as ~ rn ' ~ . ~_ ~ ~ J \ rn c0 /~ jf !t rr _ W CL ~ ~\ ~~,~ N f,/ \ ti `~ M N ~ N ! - ~~7 f o a3 '' - rga C7 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2084 SUBJECT: Review ofi Town of Vail adopted documents and outline of Comprehensive Plan for beginning the process of updating, combining, and revising necessary elements of the Vail Comprehensive Plan. Applicant: Town of Vail Planner: George Ruther I. SUMMARY The purpose of this memorandum is to 1) provide the Planning and Environmental Commission with a summary of the Town of Vail's various adapted planning documents; 2) propose an outline of the table of contents of the Vail Comprehensive Plan; and to 3) provide a list of action steps necessary to accomplish the task. II. DESCRIPTION OF THE RE4UEST Staff is requesting that the Planning and Environmental Commission evaluates the proposed outline of the table of contents of the Vai] Comprehensive Plan and the preliminary list of action steps necessary to accomplish the task. The intended result of this effort is to dedicate resources to the task. of revising and updating the various planning documents adopted by the Town of Vail. III. SUMMARY OF THE VARIOUS PLANNING DOCUMENTS The outline below combines all of the currently adopted planning documents within the Town of Vail. The proposed outline is just one ofi the options that may be pursued at the time of the Comprehensive Plan update. Please note that Title i 2: Zoning Regulations, and the Development Standards I~andbaok have been omitted from the outline of the Vail Comprehensive Plan. Though their updates are equally important, the scope afi those documents is separate from that of the Vail Comprehensive Plan. A. Vail Comprehensive Plan The outline incorporates every adopted planning document that exists within the Town of Vail and was organized according to each document's importance and relevance according to the following criteria: ^ Ease of the revision/update: in-house or outsource ^ Importance of the Plan to Vail's future • Impact of the Plan on current development ^ Frequency of use 1. Vail Village Master Plan The update should address several issues that are currently not included in the Plan: a} Means of maintaining a high level of quality development and redevelopment within Vail Village; b} The necessity for Special Development Districts: i.e., the Plan should be current enough to address today's issues appropriately without causing every project to require exceptions from the regulations; c} Unie~ue strategies intended to improve the retail environment; d} Inclusion of loading and delivery facilities as necessitated by current redevelopment projects. 11. 'Vail Village Urban Qesign Guidelines (may also be included in Chapter I: Vail Village Master Plan) -the Guidelines detail ideas about the function and aesthetics of Vail Village and are closely related to the previous chapter. lll. Streetscape Master Plan -due to its emphasis on the design and quality of the pedestrian environment, this Pian is also intertwined with and may be combined with Chapter I. IV. Transportation Master Plan-this Plan is intricately connected with and may be incorporated into either Chapter I, Vail Village Master Plan, or Chapter V, Land Use Plan. V. Land Use Plan The update of the Land Use plan needs to recognize new and evolving community priorities such as affordable housing, recreational uses, environmental concerns, community facilities, and other related land use issues. Vl. Cornprehensi+re Open Lands Flan -The emphasis on land use, including recreation, the environment, public facilities, housing, and open space designates the update of Comprehensive Open Lands Plan as one of the most important. The Comprehensive Open Lands Pian may be combined with Chapter V, Land Use Plan. VII. Environmental Strategic Plan -Because the environment and related issues are constantly in flux, the Plan should be updated to reflect the community's goals, current problems, and their short-term and long-term solutions. Its attention to land use issues also necessitates its incorporation into Chapter V, Land Use Plan. Vfll. Ft~rd Park/DQnovan Park Master Plan This plan will need to be edited only in the event that future decisions are made by the Tawn Council to allow seasonal parking as a conditional use at Ford Park. • IX. Ford Park Management Plan The combination of this plan with the others is more important than the update of this plan at this point in time. X. Lr'onshead Redevelopment Master Plan The combination of this plan with the others is more important than the update of this plan at this point in time. Xl. Municipal Cemetery blaster Plan The combination of this plan with the others is more important than the update of this plan at this point in time. Xll. Art !n Public Places Strategic Plan The combination of this plan with the others is mare important than the update of this plan at this point in time. IV. OUTLINE nF THE TABLE (1F CONTENTS OF THE VAIL COMPREHENSIVE PLAN - - The purpose of this section of the staff memorandum is to present a proposed outline for the table of contents of the Vail Comprehensive Plan. The table of contents is a list of key elements that should be included in a comprehensive plan. While it is likely that the final adopted version of the table of contents of the plan will differ from that proposed, staff recommends that the following basic outline of the table of contents be pursued in the formulation of the Vail Comprehensive Plan: Table of Contents INTRODUCTION: A. Purpose of the Plan - • "The Plan is intended to be used as a guide for future land use and development decr'sions affecting the Tawn of Vail. The Plan provides guidance and direction on a variety of community issues such as -Land Use, Transportation, Utilities and Facilities, Housing Needs, ~cvnvmic Sustainability, Recreational and Culfural Needs,. and the Environmenf. Given the physical conditions constraining the future physical ,growth and expansion of Vail, future development within the Town will primarily be infil! development and the redevelopment of existing property. That said, the focus of this Plan is to proactively seek the desired eutcames of the community citizenry rather than tv react to the wishes of developers and speculators. This is a plan for the continued success of Vail." B. Plan Development Process - C. Role of Public Participation - D. Life of the Plan - II. BACKGROUND: A. Description of Gammunity Character - B. Survey of Environmental Conditions - C. Inventory of Community Facilities and Land Use Patterns - D. Analysis of Socio-Economic Conditions and Trends E. Summary of Existing and Projected Population/Demographic Trends - F. Overview of Regional Influences and Impacts - I11. KEY ELEMENTS OF THE PLAN A. Vision for Vai!'s Future B. Community Character and Design Ouality C. Preferred Land Use Patterns D. Transportation E. Community Facilities and infrastructure F. Environmental Resources G. Economic 5ustainability H. Parks and Recreation I. Housing Needs J. Arts, Education, and Culture L Implementation IV. SUB-AREA PLANS A. Outline of site specific plans and special study areas V. STATEMENT OF PLAN GOALS,. OBJECTIVES, & POLICIES: A. Identification of the Communities Goais, Objectives and Policies VI, IMPLEMENTATION: A. Plan Adoption Process B. Using the Plan C. Action Steps D. Plan Updates E. Amending the Plan V. LIST OF ACTIQN STEPS The purpose of this section of the staff memorandum to provide the Planning and Environmental Commission with a list of action steps necessary to achieve the goal of creating a °single source" comprehensive plan for the Town of Vail. Also included with the proposed list of action steps is an anticipated timeframe for completion. Staff has identified the following lisf of action steps need to achieve this goal: Phase I - Identification and agreement on those planning documents that comprise the Vail Comprehensive Plan; (2 months) 2. Transformation of planning documents into digital format; (8 - 12 months) 3. Compilation of "Nail's ~omarehensive Plan" into a single source reference document; ~2 months) 4 Phase II - 4. Creation of Action Pian to update and/or amend the Plan Elements to include identifying plan conflicts and redundancies, worts plans, schedules, roles and responsibilities, community involvement, staffing needs, and funding sources; and (~ - 8 months) 5. Irnplementatian of the Action Pian. (ongoing • 5 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 20[34 SUBJECT: A request for final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for changes to the previously approved conditions of approval far a seasonal use or structure (i.e. seasonal ice rink}, located at 177$ Vail Valley Drivelan unplatted tract of land within Section 9, Township 5 South.., Range 80 West of the Sixth Prime Meridian generally located directly Werth of Lot 3, Sunburst 3"d Filing within the Vail Golf Course, and setting forth details in regard thereto. A complete metes and bounds description is available at the Department of Community Development. Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The applicant, Town of Vail, is requesting a conditional use permit, to allow for changes to the previously approved conditions of approval for a seasonal use or structure {i.e. seasonal ice rink}, located at 1778 Vail Valley Drive. The applicant is proposing to extend the annual deadline for the removal of the seasonal ice rink structures from April 1 to May 18 to align the conditional use permit approval with the Public Works Department's operations schedule. Based upon staffs review of the criteria in Section VII I of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves the requested conditional use permit, subject to the findings noted in Section IX of this memorandum. IL >QESCRIPTION OF REQUEST The applicant is requesting approval of changes to the previously approved conditions of approval for the seasonal ice rink (informally known as "the bubble"} conditional use permit, located at the Vail Galf Course driving range. The applicant is proposing to change condition number 8 of the Planning and Environmental Commission's October 14, 2002, conditional use permit approval as follows (deletions are shown in stFiko th oug#/additions are shown bold}: $. This conditional use permit shall be valid from Dctaber 1st to doMay ~5 annually. No construction andfor installation of the seasonal ice rink, including any related equipment (including the zarnboni shed) ar structure, shall commence an the site earlier than October 1st annually, pperatic~n of the seasonal ice rink shall end no later than Apri17 annually. a The seasonal ice rink, including all related equipment (including the zamboni shed) and 1 structures, shall be removed from the site by r?a later than d,-,~5~ May 75 annually. The storage of materials or equipment (including the zambonl) related fo the seasonal ice rink shall not be permitted on the site later Phan April 7st and earlier than October 1st annually. The Town of Vail has recently taken over responsibility for the installation and removal of the seasonal ice rink from the Vail Recreation District. The time necessary for removing the seasonal ice rink and all related equipment and structures is approximately four weeks. The Town of Vail Public Works Clepartment staff is annually oocupied with full winter operations for snow removal and the cleaning of public areas until early April (depending upon weather and the closing date of the ski mountain}. Therefore the applicant, Town of Vail, is requesting that the deadline for the removal of the seasonal ice rink be amended from April 1 to May 15 to align the conditional use permit approval with the Public Works Department's operations schedule. The applicant is not proposing to extend the operation of the seasonal ice rink, only the deadline for removal of the structures. III. BACKGROUND In the fall of 2000, the Planning and Environmental Commission approved, with conditions, a conditional use permit to allow far the construction of a seasonal ice rink at the Vail Golf Course driving range site. The seasonal ice rink was constructed and operated during the winter seasons of 2000-2001 and 2001-2002. On CJctober 14, 2002, the Planning and Environmental Commission again approved, with conditions, a conditional use permit to allow for the construction of a seasonal ice rink at the Vail Golf Course driving range site. The seasonal ice rink was constructed and operated during the 2002-2003 winter season and is currently operating again this winter season, One of the Planning and Environmental Commission's requirements of the October 14, 2002, conditional use permit approval was that the conditional use permit be valid from October 1 to April 1 annually and the seasonal ice rink be removed annually by no later than April 1. The Vail Junior Hockey League and the Vai! Recreation District were both. agreeable to this requirement, IV. R€)LES OF REVIEWING BODIES Planninga and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final appr~,vallappraval with canditionsldenial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for. 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and. recreation facilities, and other public facilities and publio facilities needs. 2 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the Proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has NG re~ieNr auth©rity of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether ar not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property anal provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-96: Conditional Use Permits 72-9~-7: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this tr'tle, specflred uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located property with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed fn this chapter is intended to assure compatibilify and harmonious development between conditional uses and surrounding properties in the Town at forge. Uses listed as conditional uses in fhe various districts maybe permitted subject fa such conditions and limitations as the Town may preseri6e to insure that the Location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Vl. SITE ANALYSIS Zoning: Land Use Plan Designation; Current Land Use; Hazards; Outdoor Recreation (OR) Park (P) Golf Course None Vll. SURROUNDING LAND USES AND ZONING Land Use Zoning North; Galf Course Outdoor Recreation (DR} CBOT I-70 Right-of-Way Unzoned South: Golf Course Club House General Use Residential Low Density Multiple Family East: Golf Course Dutdoor Recreation (OR) Residential PrimarylSecondary Residential (PIS) West: Golf Course Outdoor Recreation (DR) VIII. CRITERIA AND FINDINGS The review criteria and factors for consideration far a request of a conditional use permit are established in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina the Conditional Use Permit: 1. Relationship and impact of the use an the development objectives of the Town, Staff continues to believe, as affirmed by the Punning and Environmental Commission, that the construction of the proposed seasonal ice rink is consistent with the Town of Vail Land Use Plan, Town of Vail Comprehensive Open Lands Plan, and the development objectives of the Town of Vail. Staff believes that the proposed changes to the October 14, 20D2, conditions of approval for the seasonal ice rink's conditional use permit are consistent with the intent of the Planning and Environmental Commission's approval. As proposed, the operation of the seasonal ice rink will still end on April 1; however, removal of the structure may continue as late as May 15. With the pending annual spring opening of the golf course driving range, the Public Works Department intends to remove the seasonal ice rink as soon after April 1 as weather and staffing levels allow. • 4 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff continues to believe, as affirmed by the Planning and Environmental Commission, that the seasonal ice rink provides a positive impact upon demonstrated parks and recreation facili#y needs. With the pending annual spring opening of the golf course, the Public Works Department intends to remove the seasonal ice rink as soon after April 1 as staffing levels allow. The removal of the seasonal ice rink will not conflict with the opening of the golf course driving range. Staff does not believe that the seasonal ice rink, nor the proposed changes to the conditional use permit approval, will adversely impact the above-listed items. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that by not extending the operation dates of the seasonal ice rink, traffic impacts will be no different than the impacts that have occurred during the winters of 2000 through 2003. Staff believes that by extending the removal deadline for the seasonal ice rink from April 1 to May 15, the Public Works Department will be allowed to continue its full winter snow removal and maintenance operations throughout the entire community until the end of the winter season. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff continues to believe, as affirmed by Planning and Environmental Commission, that the past construction and operation has demonstrated that the seasonal ice rink does not have significant negative impacts to the character of the area. Staff believes that extending the removal deadline for the seasonal ice rink will not have a significant negative impact, beyond the existing impacts, to the character of the area. B. The Plannina and Environmental Commission shall make the followina findings_ before arantina a conditional use hermit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends appra~al far a conditional use permiit, pursuant to Chapter'! 2-16, Vail Town Code, to allow far changes to the previously approved conditions of approval for a seasonal use or structure (i.e. seasonal ice rink), located at 1778 Vail Valley Drive. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings; 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will 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 will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Planning and Environmental Commission amend condition number 8 of the October 14, 2{}02, conditional use permit approval as follows (deletions are shown in ~+r°~° +hr^~ ~^ti'additions are shown bold): 8. This conditional use permit shall be valid from Ucfober 1st to ,aipr;l~ May 95 annually. No construction and/or installation of the seasonal ice rink, Including any relafed equipment (including the zamboni shed) arstructure, shall commence on the site earlier than October 1st annually. Operation of the seasonal ice rink steal! end no later than April 1 annually. a~ud The seasonal ice rink, including a!! refaced equipment (including the zamboni shed) arad structures, shall be removed from the site by no later than Asst May 75 annually. The storage of materials or equipment (including the zamboni) related to the seasonal ice rink shelf not be permitted on the site Later than April 1st ono' earlier Phan October 1 st annually. X. ATTACHMENTS A. Vicinity Map B. Public Notice 6 Attachment: A Attachment: B THIS ITEM MAY AFFECT YOIfR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN #hat the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-fi of the Municipal Gode of the Town of Vail on January 2fi, 2004, at 2:00 P.hA. in the Town of Vail Municipa! Building. In consideration of: A request for final review of a conditional use permit, pursuant to Chapter 16-12, Vai! Town Code, to allow for changes to the previously approved conditions of approval for a seasonal use or structure (i.e. seasonal ice rink), located at 1778 Vail Valley Drivelan unplatted tract of [and within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3~d Filing within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 80 U11est of the 6th Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly comer of Lot 3, Sunburs# Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the offce of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-af-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of-way line: ~1 } 119.32 feet along the arc of a curve to the left, having a radius of 135.010 feet, a central angle of 50°38'21" and a chord that bears N72°59'22"W, 115.47 feet; (2} S81°41'30"U'+/, 187.43; thence, departing said northerly right-of-way line, N08°18'30"V4', 266.99 feet; thence N79°2$'56"E, 939.41 feet; thence S11°28'38~E, 91.78 feet; (hence S40°01'19"VV, 490.77 feet; thence S77°60'32"1N, 165,16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W, 144.27 feet to the point of beginning, containing 6.47 acres, more or less. and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for an addition in the setback, located at 796 Forest RoadlLat 13, Block 1, Vail Village 6th Filing, and setting forth details in regard thereto. Applicant: Doug and Kathy Gannett, represented by Steven Riden Planner; Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours in the project planner's offce, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Departmen#. Please call 479-2138 for information Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information- Community Development Department Published January 9, 2p04 in the Vail Daily. Narrze and mailing address: / L Faye Partzaersllip ,1 3333 E. ~2nci Avenue l_lenver, CU 80216-1322 evrde La:~arus ' 1(36 E. 78t1z Street Ne4v Yor}c, L`dY laa~ ~~ Shawn Bayce ~„~9877 VV. 33rd Street Overland Park, ItS 66204 Leonard Busse 1720 Sunburst Drive # 4 Vail, CCl 81657 ~~ Steve Harvenek S40~F Royal Lane Dallas, TY °75129 France G. Bodnar, Trustee 2947 Forest Lake Drive Westlake, OH 44145 Dcarothy V. Klein c./o ,Tames A. Klein Ent. `029 Route 9, Suite 2U3 Fishld.ll, ?VY 7.'ZS24 Physical Address in Vail: Vail Galfcourse Tawnlzc~me #1. 1776 Sunburst Drive Vail, Calarada Vail GoIfcaurse Tawnhazne #2 17'10 Sunburst Drive Vail, Colarada Vail Galfcourse Townhome #3 17'2Q Sunburst Drive Vail, Cularado Vail Galfcourse To~vnlzarne #~ 1720 Sunburst Drive Vail,. Calorada Vail Galfcourse Tawnhome #S 1776 Sunburst Drive Vail, Colorado Vail Galfcourse Tawnhorne #6 177E Sunburst Drive Vail, Colorado Vail. Galfcourse Tawnl~ome #7 17I.i1 Sunburst Drive Vail, Colorado f Bradley 3~ Sheryl Janes ,2.I~ ~I ,~r,~r~h~~~" ~''~ •Vail Galfcourse Townhame #s tJ ~-0-~: ` `" S~ir~;~`L.~~i~`, /}~` 171fl Sunburst Drive ~1 ~'~ ~~~~~~'~CC~~ ~~aa~cl, i~vvu ~r 1~FJ 1 ,~flG:~~ Vail, Colorado 1?eter & Anne Niaurzsev Jelin & Maxcella Fox 955 S. Race Street ~ ~ Denver, Ca 8}209 Vail Golfc~urse Townhame #9 1776 Sunburst Drive Vail, Colorado .~ iVlarareta Sudbrinlt Craig Hunt 39D0 Gcean Drive, Apt. I7-Gl~ Lauderdale by tl~e Sea, FL 33308 1Cyle ~c David Hunt 3005 Rosedale Avenue ' Dallas, Tai X52[ --145I Guy Suverlcropp ~P.O. Box 4833 i Schottegatvvegoost 56 Curacao, N.A. /' Vail Golfcourse Townl~nme # IO 1670 Sunburst Drive Vail, Colorado Vail Golfcourse '1'o~uvnhame #11 IG70 Sunburst Drive Vail, Colorado Zf ciG9/C~G'i/ Vail Golfcourse Townhome #12 1664 Sunburst Drive Vaal, Colorado apolcia Asuz ola ,1~ rLi~l.~~I ~`~'~~ Vail Golfcourse Tawnhome #13 486 "~ ia. Street ,,.~jC~„/t/9?2i'l ~ 1660 Sunburst Drive De r, CCU ~'~. ~~'° ~Dr~G~~ Vail, Colorado GAG/Uy/~~~.3 Susana Aceves DeLuna 5 Crest Rd. E Rolling Hills, CA 9(]274 arson ~ Sheila Thompson RD-l. B©x 365 Dalton, l'A 13414 Michael G.riffinger 28 S1Vexfor°d Way Basking Ride, N.7 Vail Golfcourse Tovvnhome #14 1720 Sunburst Drive Vail, Colorado Vail Golfe©urse To,wnhome # 15 1660 Sunburst Drive Vail, Colorado r~ Vail Golfcourse Tavanhome # 16 Ir I6;~0 Sunburst. Drive 47920 Vail, Colorado Waldo & Diane Geiger 4001 Oalc Forest Drive Des 141aines, I~ 50312 ,~ Alexandez & Sally Bracken I25 Brittany Lane Lafayette, CO 80026 Richard & Aran Neill 311 Milton Read Ft. Pierce, FL 34546-1906 '~- Vail G©lfcourse Townhorne # 17 ~,~ 160 Sunburst Dive Vail, Colorado ~ Vail Golfcourse To~r,~nlYOme # 18 160 Sunburst Drive Vail Colorado Vail Golfcourse Tawnhon-~e # 19 f~ 160 Sunburst Drive ' Veil, Colorado ~i ~~~~~ ~.i ~, n ~~ ~;~ t.~ 4:. Giezzzx ~-iilliard SOD Meadow TJxive ,,,I 5754 Powers Pea:r~a Ra~,d Fv.~N: V~.iZ, Colarad© Atl~uzta, G~ 30527 /'LeQ ~ Sandra Chapman ,/ 7032 Wexford Road Edina, iVIN 55439 Starfire Co. Ltd. e/o CM ~'I~rzit.~ ~ n ~Uae,rmo 1" ~"~ ~~~ /.S7~eboxah Webster ~/ 1825 Suni7urst Drive . Vail, CO 51657. ~.;: ,:. ~~ ::. Robin Chvtin 6400 S. Fiddlers Green Circle 1240 Englewood, CO 80111-4955 Town of Vail . 7S South Fran.tage Road Vail, CO 816.57 ,,.:. `.~ epartn~erlt of Transportation 42011 East .Arkansas Avenue Denver, GO 30202 Ya ilR~lfco ors caddressPs 1501 Sunburst Drive Vail, Colorado 1815 Su~.burst Drive Vail, Colorado 1325 Sunl~uzst Lane Vail, Colorado 1535 Sunburst sane Vail, Colorado Vail Goif Course adjacent to Vail Valley Drive and Sunburst Drive Vail, Colorado U.S. Higlxway 5, Vail, Col~axado ~~~' ~~~~~, • rr MEMORANDUM TQ: Planning and Environmental Commission FRAM: Community Development Department DATE: January 26, 2004 SUBJECT: A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Cade, to allow for an addition in the setback, located at 796 Forest Roadl7_ot 13, Shock 1, Vail Village 6"' Filing, and setting forth details in regard thereto. Applicant: Doug and Kathy Gannett, represented by Steven Riden Planner: Bill Gibson I. SUMMARY The applicants, Doug and Kathy Gannett, are requesting a variance from Section 12-6C-6 (Setbacks), Vail Town Code, to allow for an addition in the setback, located at 796 Forest Road. The proposed addition in the setback consists of an increase in the amount of bulk and mass of the existing home, but does not constitute an addition of GRFA (grass residential floor area) in the setback, Based upon Staff's review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with modifications, of a variance to allow the construction of an addition in the setback subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicants are proposing a significant renovation to an existing residence, originally constructed in 1968, located at 796 Forest Road. The existing residence is non-conforming in regard to the side setback requirements of the Two-Family Primary/Secondary Residential zone district, as the structure encroaches 10 feet into the 15 foot required east side setback and the existing decks encroach to within 1 foo# of the property boundary. A copy of the existing topographic map has been attached for reference (see Attachment C), The proposed renovation includes the addition of a new garage level, new media level,. and expansion of the existing main and upper levels. A portion of the main level and upper level expansions occur within the footprint of the existing structure within the side setback. This expansion within the setback is an increase in the amount of non-conforming bulk and mass by creating a roof ridge approximately six feet higher than the existing ridge; however, this does not constitute an addition of GRFA as the new volume created within the structure by raising the roof is vaulted area. The existing building volume located in the side setback is approximately 2.,200 cubic feet and the applicant is proposing to add approximately 900 cubic feet more volume within the setback. The applicant's request and proposed architectural plans have been attached for reference (see Attachments B and C). The provisions of Section 12-17 ('v'ariance), Vail Town Code, determine the review criteria and review procedures for a variance request, III. BACKGROUND The existing residence located 796 Forest Road was originally constructed in 1968 and is non-conforming in regard to the provisions of the Town's current setback regulations.. The applicants' proposal was conceptually reviewed by the Design Review Board at its ,lanuary 21, 2004, public hearing. The Design Review Board commented an several aspects of the proposal, which included strong concerns about increasing the bulk and mass of the structure and the enlargement of the decks and patios within the east side setback. The Board noted that the location of the existing structure impacts the adjacent property to the east and an increase in the bulk and mass of the structure and enlargement of the decks and patios in this area will exasperate the condition. The Board recommended that the applicants consider relocating the proposed garage to the west near the existing stair location and that the applicant also consider relocating the proposed additions to the structure to the west, out of the side setback, and nearer the center of the property. Some members of the Board were opposed to any new addition within the setback, while other members noted their support should the applicant reduce the proposed bulk and mass by approximately 20°lo and/or lower the addition by 3 to 4 feet in height. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Cammission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Cammission: Action: The Planning and Environmental Commission is responsible for final approvalldeniallapproval with conditions of a variance. The Planning and Environmental Commission rs responsible for evaluating a proposal far: 1. Relationship and impact of the use on development objectives of the Town. 2, Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3, Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability,. and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. fi. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must, review any accompanying Design Review Board application. Town Ccauncil: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that al9 submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a'fiecommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12~6D: Two-Family PrimarylSecondary Residential (P1S) District 12-6D-~: !'urpose: The two-farrrily primary/secondary residential district is intended' to provide sites for single-family residential uses or tvvo-family residential uses irr which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be Located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-6: SETBACKS.• In the primarylsecondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet {16), and the minimum rear setback steal! be fifteen feet ('! 5). Chapter 12-17: Variances 12- f 7-1: Purpose: A. Reasons For Seeking Variance: !n order to prevent or to lessen such practical difficulties and unnecessary physical hardships r"nconsisfenf with the objectives of this title as would result from strict ar literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may resuft from the size, shape, ar dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions r`n the immedihte vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall nat be a reason forgranting a variance. • VI. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: 796 Forest R©ad Lot 13, Black 1, Vail Village 6`" Filing Two-Family PrimarylSecondary Residential (PIS) Low Density Residential Residential Development Standard Lot Area: Setbacks: Front: West Side: East Side: Rear: Density: AllowediReauired 46,642 sq. ft.. 20' 15' 13' 15' 2 units + 1 Type ll EHU Proposed No Change 2f7' (garage 2') 45' 5' > 166' 1 unit 6,161 sq.ft. 2,822 sq. ft. (6°f°) 43,754 sq. ft. (94°J°) 4 spaces {2 enclosed) GRFA: 6,932 sq. ft. {plus 250 & interior conversion} Site Coverage: 9,328 sq. ft. (20%) Landscape Area: 27,979 sq. ft. (60°l°) Parking: 3 spaces 4 VII. SURR~ North: South; East: West: DtJNt]ING LAND USI Land Use Stream Tract Forest Residential Residential VIII, CRITERIA AND FiNDiNGS .S AND Z©NING Zoninc{ Natural Area Preservation White River National Forest (Eagle County} Two-Family PrimarylSecondary Residential Two-Family PrimarylSeeondary Residential The review criteria far a request of this nature are established by Chapter 12-16, Vai{ Town Code. A. Consideration of Factors Reaardina the Setback Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposed addition in the side setback is associated with a remodel of an existing residence originally constructed in 1968. The existing residence is anon-conforming structure in regard to the provisions of the Town's current setback regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to the adoption of the current zoning regulations may be a basis fiar granting a variance from the Town's current zoning regulations. Staff believes that an addition proposal reduce 'in size by 2d% ar lowered by four feet, as recommended by the Design Review Board, within the setback is in keeping with the architectural character of the neighborhood. Staff does not believe that there will be any significant negative impacts associated with a modified proposal, in comparison to current conditions, to the other existing or potential uses and structures in the vicinity (specifically to the east). Architectural plans have been attached far reference (see Attachment Q}. 2. The degree #o which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of trea#ment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege, Staff believes a minor addition in the setback may provide relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Twa-Family PrimarylSecondary Residential (PlS) ©istrict. • 5 Staff agrees with the comments of the Design Review Board that the existing structure does impact the adjacent property owner and an increase in the structure's bulk, and mass and the expansion of deck and patios within such close proximity to the property boundary will increase the impact to the neighbor. Staff also agrees with the Board°s comments that the applicant has the opportunity to construct the addition and garage to the west of the existing structure and not increase the non-conformity within the east side setback. The applicants' proposal will add approximately 900 cubic feet to the existing two story 2,200 cubic foot volume. This is approximately the amount of a full story addition to this portion of the structure. Staff believes a full story addition to this portion of the structure exceeds the minimum degree of relief necessary to achieve compatibility and uniformity. Therefore, should the Planning and Environmental Commission choose to approve a variance for this proposal, Staff recommends that the proposed addition be reduced by 20°Ia or lowered by four feet in height to lessen the amount of deviation from the setback rectuirements. Staff also recommends that the Planning and Environmental Commission not grant a variance for the expansion of the existing decks and patios beyond their current location and configuration. Staff believes that a minor increase in bulk and mass located within the setback will not result in a grant of special privilege as the Planning and Environmental Commission has granted similar variances for other non-conforming structures as an extraordinary circumstance and excepti©nal condition. Therefore, Staff does not believe a modified proposal will constitute a grant of special privilege. 3. The effect of the requrested variance on light and air, distriibution of population, transportation and traffic facilities, public #acilities and utilities, and public safety. Staff does not believe the proposed setback. encroachment will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions on the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The applicants' proposal was conceptually reviewed by the Design Review Board at its January 21, 2004 public hearing. The Design F~eview Board commented on several aspects of the proposal, which included strong concerns about increasing the bulk and mass of the structure and the enlargement of the decks and patios within the east side setback. The Board noted that the location of the existing structure negatively affects the adjacent property 6 owner and an increase in the bulk and mass of the structure and enlargement of the decks and patios in this area will exasperate the condition. The Board recommended that the applicants consider relocating the proposed garage to the west near the existing stair location and that the applicant also consider relocating the proposed additions to the structure to the west, out of the side setback, and nearer the center of the property. dome members of the Board were apposed to any new addition. within the setback, while other members noted their supporE should the applicant reduce the proposed bulk and mass by approximately 2d% andlor lower the addition by 3 to 4 feet in height. 8. The Planning and Environmental Commission shall make the fallowinct findings before granting a variance; 1. 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 exceptions or extraordinary circumstances ar 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 owners of other properties in the same district. • 7 IX. STAI=F RI*COMMENDATION The Community Development Department recommends approval, with modifications, of a variance from Section 12-~D-6, Setbacks, Vail Tawn Code, to allow far an addition in the setback, located at 79fi Forest RaadJt_ot 13, Block 1, Vail Village 6`h Filing. Staff's recommendation is based upon the review of the criteria in 5ectian VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the granting of the variance will not constitute a granting of special privilege inconsistent with the limitations an 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, ar materially injurious to properties or improvements in the vicinity. 3. 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. 4. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following conditions: 1, The applicant shall revise the proposal to reduce the size of the addition to the proposed livingfdining roam within the setback by 20°la or four feet in height. 2. The applicant shall revise the proposal such that all new decks or patio conform with the required setback requirements, except when replacing existing decks in the same location and configuration as the existing non- conforming encroachments. X. ATTACHMI=NTS A. Vicinity Map B. Applicant's Statement C. Architectural Plans D. Public Hearing Notice • Attachment: A Attachment: B ~',Ca, box ~~38 Vall, CCU 81658-2:'8 97C~-9~t9-121 97a-9~9-~~0~ fax widen@vall,net December l9, ~OC~~ down of Vad Department of CnmmunEty Development 75 Sa~th frontage load VaEI, col orado 89 F 57 attn: I~lannEnq and ~rNlronmental CommEssbn Vie; i.ot I~,131k I, VaEI VdEage i=ElEnq 6, 7~6 crest I;oad Vad Co. 81658 bear Board Members, ~'lea5e accept this letter as a request for a varEance from 12-6D-6 C ,,, mmlrnum sEde setback shall be 15' ,.) as ~e existlnq stnucture, whECh Es k~ remain, Es currently in y~e easy bu~ldinq setback, which was establEshed after the orEglnal constnactior, was completed, 11~Is varEance ~s requested to ~ncrease'~he roof height, In some areas, of the exlstEnq structure En the area of the east buddEnq setback. 1"he Encrease En roof heEght well not effect the nelghborEnq structures due to their bcatEons and height proposed , the relief Is necessary due to the orEgEnal IoCatlon of ~e existing structure En the east budding setback, ~e new roof will riot effect the IEght and aEr, dEStrubutEon of populatEon, transportatEo~n, traffEC facElltles and public saft~{ due to It's locatlan up the hd'lslde, ~e desEgn does not increase the sr~uare footage wEthEn the setback per ~f,~.V, polEcy, SEncerely, ~~ Steven James pEden A,I,P,, ArchEtect ~,C, • • '85918 'D~ "IT~vA 9 Jt1i'Ii3 3J's+7"[IA 'I['dA `1 ?f'T£~ '£f ,LO'I `QV©2I .LSff'tI03 .LSD 96L 'i~QOY'1~L E~ U H ~ ~ ~ ~ } ~ N `'•' O ~ I~ C1 ~ N ,~- ~ Oaad' ~ ~ ~ cy O d' --~ UU~ ~ "' . 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I i ! !1 i i I I I I rf ~ I i f ~ ~, 17 1 i I+ ~~ ~ f ~~ I ~~ Jyi B I ~ 4" I ~ I I }.`. I I ~~~ L J i, b ~ ~ Ij ~ j I I ~~ r i I. ~f~~-i I ~ ~~ e ~ ~,~ i i ~ ~~ ~- I ~~. ~E I i i~ ~ E ~, ~~ ~;3 ~! i a! ~. ~~ _. ~I P .Y .~ , C] Attachment: D THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NC~TiGE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on January 26, 2004, at 2:00 P,M. in the Town of Vai] Municipal Building. In consideration of: A request for final review of a conditional use permit, pursuant to Chapter 16-12, Vail Town Code, to allow for changes to the previously approved conditions of approval for a seasonal use or structure {i.e. seasonal ice rink), located at 1778 Vail Valley Drivelan unplatted tract of land within Section 9, Township 5 South, Range 83 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3Pd Filing within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 80 West of the 6`h Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing Na. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of--way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right of way line: (1 } 119.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 50°38'21° and a chord that bears N72°59°22°W, 115.47 feet; (2) 581°41'30'x, 187.43; thence, departing said northerly right-of-way trine, NO$°18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28°38"E, 91,78 feet; thence S40°01'19"W, 490.77 feet; thence S77°00'32"W, 185,16 feet. to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a cents! angle of 44°50'53" and a chord that bears N65°08'56"11V, 144.27 feet to the point of beginning, containing 6,47 acres, more or less. and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Gode, to allow ,;~~ for an addition in the setback, located at 796 Forest RoadlLot 13, Block 1, Vail Village 6`~ Filing, and setting forth details in regard thereto. Applicant: Doug and Kathy Gannett, represented by Steven Riden Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular offsce hours in the project planner's office, located at the Town of Vail Community . Development Department, 75 South Frontage Road. The public is invited to attend project arientatian and the site visits that precede the public hearing in the Tawn of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January g, 2004 in the Vail Daily. • ~'' :~ ~ ~~ ~~s ~~ ~~~1/~I ~~. ~s' l~a.~'~ ,~ ~~j l i L.1 ~ r ~... ...~ -r' ~ - -_ - IE t~ 13 i . ~; r 1 ;; ... ~i # ~ ~ rte, j~ _ _ ~. ~~~ s ~~~ -~ ''; ~ ~~ . ~ In ~. _+, °'~,~"~.^~ f ~;~ :, ~ ~~ .~ ~f i-------~--_ _. _-----------_~._.._.__ __.__ ;i :; i ,, 1 ::: e.,__ ~.. -----~ PLANNING ANI3 ENVIRONMENTAL COMMISSION f~ C f.J PUBLIC MEETING Monday, January 12, 2004 PROJECT ORIENTATION -Community Development Dept PUBLIC WELCOME 12:0@ pm MEMBERS PRESENT George Lamb Doug Cahill Chas 13erhardt John Schofield Rollie I~jesbo MEMBERS ABSENT Erikson Shirley Gary Hartman Site Visits 1. Village Center Commercial Condominiums - 122. East Meadow Drive Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2.:00 pm 1. A request for final review of a conditional use permit, pursuant to Chapter 16-12-1, Conditional Use Permits, Vail Town Cade, to allow for changes to the previously approved conditions of approval for the redevelopment of the Vai{ Mountain School Located at 3220 Katsos Ranch Road! Lots 1 and 2, Applicant: Braun Associates, ]nc. Planner; Elisabeth EckellRussell Forrest APPROVED WITH CONDITIONS MOTION: Cahill SECOND: Lamb VOTE: 4-0 Tom Braun explained the desire of the school to utilize a portion of the approved employee housing units for storage while the school is being completed. He explained that the current number of students did not require an increase in the number of staff members, therefore the need for the EHUs is not necessary at the current time. The proposal is to use six of the eight EHUs for office space and storage. He continued by explaining the timeline for getting the other EHUs operation and occupied by the new staff. The applicant requested that they be able to use all eight garages for storage. No pubiic input. George Lamb sees this as a housekeeping item. No problem utilizing the EHUs for storage however the storage should be maintained within the building and garages in order to maintain a residential character. He believes two of the garages should be available for the occupants of the EHUs. Doug Cahill agreed with George Lamb's comments. He reiterated that there should be a residential character to the property regardless of its use for storage if approved. Chas Bernhardt asked if there was excess parking on the campus to accommodate the two occupants of the EHUs. ~~y TD~:h' OF 1-',AIL ~4 Tom Braun responded that there was no excess parking. Chas Bernhardt believed that. the garages should be used by the EHU occupants. John Schofield agreed with all the comments. Doug Cahill made a motion to approve the conditional use permit per the staff memarandum with the findings, George Lamb Seconded the motion. 2. A request for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of Lots 1 and 2, Lodge Subdivision, located at 164 Gore Creek DrivelLo#s A, B, ~ C, Block 5C, Vail Village 1st Filing, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Assooiates, Inc. Planner; George Ruther APPROVED MOTION: Doug Cahil! SECOND: Chas Bernhard# VOTE: 4-0 George Ruther gave a presentation per the staff memarandum Jay Peterson, the applicant's representative, stated that he was available far quesfions. Na public input. Doug Cahill had no comment. No other commissioner comment, Doug Cahill made a motion to accept the plat with the finding in the memorandum. Chas Bernhardt seconded the motion 3. A rec{uest for a final review of a proposed amendment to the Town of Vail ©ffcial Zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3) to High Density Multiple Family (HDMF), located at 227$, 22$$, 2298 Chamonix: Lane and 2211 North Frontage Road/lnn at West Vail Lot 1 BlockA, Vail Das Schone Filing 1, in accordance with Section 12-3-7, Vail Town Cade, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner. Matt Gennett TABLED TO JANUARY 2B, 2004 MOTION: George Lamb SECOND: Doug Cahi! VOTE: 4-0 4. A request for final review of a variance from Section 12-14-17, Setback From Watercourse, Vail Town Code, to agave for improvements within the setback from Gare Creek, located at 080 West Lions Head PlacelLot 3, Block 1, Vail Lionshead 3`~ Filing, and setting for details in regard there ta. Applicant: Antlers Condominium Association Planner: Bill Gibson WITHDRAWN 2 5. A request far a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vai] Lodge, and a request for a conditional use permit to allow for the construction of Type IU Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Cade, located at 595 Vail Valley DrivelLots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell TABLED TO FEBRUARY 23, 2004 MUTIC3N: George Lamb SECOND: D©ug Cahilll VOTE: 5-0 Warren Campbell gave a presentation of the staff memorandum. Robert McCleary presented the revisions made to the plans and responded to questions of the Commission. The Commission's questions focused on pedestrian access in and around the development site and the connectivity of the proposed buildings. Chip Melick discussed the proposed development and the standard from which the project deviated. Jahn Schofield asked for public comment. There was no public comment. George Lamb expressed his appreciation to the applicant for breaking up the proposed ridgeline. He suggested that the applicant communicate their plans with the residential owners in Golden Peak and other neighboring property owners to avoid last minute concems about impacts to views to the east. George stated that traffic impacts on Vail Valley Drive could be a concem. Doug Cahill expressed a suggestion to create the connectivity between buildings on the first floor instead of the third floor. He suggested further research into the use of the surplus parking spaces to avoid further congesting Vail Valley Drive. He questioned the applicant's intent to "clean up" the Gore Creek. and Mill Creek riparian corridors. Chas Bernhardt indicated that he liked this proposal better than the previous plan. He felt that landscaping should be considered to help visually break mass the horizontal mass of the buildings. Chas suggested that the applicant conceptually explore the passibility of large trees in the landscape plan. John Schofield stated hiss concem that the redevelopment of residential condominiums can not rely solely upon deviations from the development regulations to "fund" renovation projects. That said, he suggested the applicant now submit a complete application and proceed towards a decision of the Commission. He expressed that building bulk and mass and building height were the two most important concerns of the Commission and needed to be addressed. He further stated that parking and impacts to traffic on Vail Valley Drive.. Rollie Kjesbo arrived. ~2:5(} pm} John Schofield stated that if the negative impacts afi parking could be addressed, then surplus parking on the Manor Vail Lodge development site could be acceptable. Lloyd Bishop responded to the Commissioner's comments. 3 F. A request for a recommendation to the Vail Town Council for proposed updates to elements of the Town of Vail Comprehensive Plan, and setting forth details in regard thereto. Applicant: Town of Vaif Planner: Elisabeth EckellGeorge Ruther TABLED TO JANUARY 26, 2004 MOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0 George Ruther gave a presentation per the staff memorandum. John Schofield discussed that the Commission would like to see a table of comments and an opening statement for the single master plan which would explain the desire put the separate plans into one document, George Lamb would tike to see a preamble far the document that details the changes in development to re-development. 7. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District Na. 3B, Four Seasons Resort, pursuant to Section 12-9A-1 (l, Vaii Town Code, to allow for amixed-use hotel; a request far a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type I11 Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A & 9G, Vail Village 2nd Filing from public Accommodation (PA) zone district. to High Density Multiple Family (HDMF) zone district, located at 2$ S. Frontage Rd, and 13 Val! RoadfLots 9A8~ 9C, Vaif Village 2nd Filing, and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: George Ruther TABLED TO JANUARY 26, 2004 MOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0 8. A request for a recommendation to the Vail Town Council for proposed text amendments to Section 12-3-~6, Hearings, Vail Tawn Code, to amend the native requirements for Town of Vail Design Review Board public hearings, and setting forth details in regard thereto. Applicant: Town of Vail Planner. Russell Forrest TABLED TO JANUARY 26, 2044 MOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0 9. A request for a conditional use permit, pursuant to Section 12-7H-~, Conditional Uses; Generally (on all levels of a building or ou#side a building), Vail Tawn Code, and a request far a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of new single-family and two-family residential dwelling units, located at 73Q, 724, and 714 West Lionshead CirclelTracts A, B, C, & D, Marcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot} Applicant: Vail Resorts Development Company, represented by Braun Associates, lnc. Planner: Warren Campbell TABLED TO JANUARY 26, 2004 MOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0 4 LJ 10. An appeal, pursuant to Section 12-3-38, Appeal of Administrative Actions, of an administrative interpretation determining that a commercial tenant space within the Village Center Commercial Condominiums, Building D, is on the "first floor" or "street level" of the building as defined by Sections 12-7C-3 and i2-7B-3, F'errnitted and Conditional Uses; First Floor or Street Level, Vail Town Code, located at 122 East Meadow Drive, Lot K, Block 5E, Vail Village First Filing. Applicant: Fred Hibberd Planner: George Ruther MOTION: John Schofield SECOND:. George Lamb VOTE: 5-0 George Ruther gave a presentation per the staff memorandum. Fred Hibberd described his need and desire. Gwen Scalpello expressed her support of the proposal to allow the real estate agency as it is a disadvantaged space. Doug Cahill agrees#hat this space needs to have a destination establishment located within it. Chas Bernhardt believes that the location is definitely first floor and a variance should be crafted as special circumstances exist. Rollie Kjesbo agrees with Chad. George Lamb believes this is a unique situation which warrants the allowance of an office use. John Schofield does not. believe that the location is at street level. He pointed out the Conditional Use process. George Ruther explained that he heard that the Commission disagreed with Staff s interpretation therefore this regulation would not burden this applicant, Motion was made that this location is not located at street grade. George Ruther restated for clarification the Commission's understanding of how the space in goes#ion dffered from Karats. 11. Approval of December $, 2003 minutes Approved with a change on page three {privy to party) MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 5-p 12. information L9pdate Discussed GRFA at Council Discussed the agenda for January 26, 2004 Discussed Bogart's Bar and Bistro Appeal 13, Adjournment MOTION: Chas Berhardt SECOND; George Lamb VOTE: 5-0 The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community 5 'Development Departrrment, 75 South Frontage Raad. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please cal[ 479- 2356, Telephone for the Hearing impaired, for information. Gammunity DeVeiapment Department Published, December 26, 2Q173 in the Vail Daily.. • • 6 • MEMORANDUM TO: Planning and Environments! Commission FROM: Gomrnunity Development Department DATE: January 26, 20fl4 SUBJECT: Overview of the Town of Vail Transportation Plan Applicant: Town of Vail Planner: George Ruttier SUMMARY Several months ago, in response to the Planning and Environments! Commission's consideration of Vail Resorts' development review applications for the redevelopment of Lionshead, the Commission requested that the staff present an overview of the Town's Transportation Plan at an upcoming public meeting. The staff has prepared a presentation that will provide an overview of the Town's Transportation Plan. While the presentation addresses transportation planning issues for the town as s whole, the presentation will focus primarily on the impacts of future land development and redevelopment in Lionshead on the Town's transportation systems. In anticipation of the presentation, Staff recommends that the Commission members review the following sections of your Lionshead Redevelopment Master Plan: • Chapter One, Section 1.3 • Chapter Three, Section 3.8 & B.9 Chapter Four, Section 4.5, 4.6, 4.7, & 4.8 • Appendices A, Lionshead Transportation Analysis Flannin~ Commissioner's Corner: • ~~ rte, ~~~~ C~c~u~, '/1/yos~rrirx~, Na matter the size of the agenda or the complexity of the issues to be discussed, ail planning and zoning commissions nrn the same risk of turning a roam of ordinary citizens into a frenzied mob. How? For stagers, by ignoring same basic tenets for simple public relations, crowd control, and courtesy! Let's take a look at ten tivays to make the crowd ga wild in a not-so-goad way. 1. Have inadequate seating. Not everyone wants to stand throughout a cctmrnission meeting, waiting for their item to he lrearcl! I-lave extra seating handy in case a sizable erawcl shows up. 2. Meet in a room chat's stiflinU hotifreezin~ call. There's nothing like watching citizens either straggling to stay awake from Feat exhaustion or shivering from tag much cold air to raise anxiety levels. Control tl~e roam temperature in advance of the hearing; so a camfogable setting is reached.. 3. Make sure na ane in the audience can hear the cammissic~n. This is a Sure-fire way to get people mad! Avoid it by using mierophoaes err making it a point to look up anti speak clearly so that the audience can hear Che d1SCLI,titifC)Tl. 4. [ use a meetin rnOm rh,tt bCncks the vie~•. Have you sat behind a pillar that blocks your view of the speakers? It's annoying. Do ,your hest to meet in a location that allows the audience to see the entire P~:Z unobstructed.. That will avoid the bobbing; head syndrome of people craning their necks to see who is talking. 5. Run gut of conies. It's far better to have tog many copies of handouts than not enough. Hey, you can always use them far scratch pads! ~. Vote nn items with nrr dist:ussian. Nothing tells a crowd that an agenda item is a pre-tleterrnined slam-dunk like having no discussion about it before a motion is made and it is voted an. Even if it is innocent and there really isn't much to the application, sav samethir~. Don't run How to Turn a Public Hearirn~ b.~.~noe Into a Lynch Mob in Ten Easy Steps the risk of having audience - members think that certain FCC items have been decided ul7an by the I'&7., prior to the hearing being held. ~, ~' Ignore rniblic comment. The cr~mmission may ultimately vote against the popular sentiment being expressed at the hearing, but having commissioners state their reasarrs far their vote will make it clear to the crowd why the action was taken. Audience members may still mutter that they wasted their time coming to the hearing, but at least the reasons far the vote will have been shared. g. Insult sneakers. If you want to turn a crowd against you, just make IZtn of the iaagicipants. Act bored or distracted while they are speaking, sa they feel unimportant anti inconsequential. This will gu~u~antee there°s animosity between the commission and the public they are serving, where there shouicl be respect and civility. Sa pay attention, ask questions, and make eye contact with speakers. 9. Don't cantral the lrearin~. The commission chair has the responsibility to make sure the meeting is run properly. Start an time; control the process; make it clear what is going to happen, and don't allow one person to dominate the meeting. If ane person is allowed to take the floor repeatedly, other audience rrrembers whq have not Yet spoken may be cawed. into silence. Make sure there is equal access far ail participants. 10, Let nne side r>f an issue talk lamer than the other. Bacl move! The PAZ should not give the impression that there is any favoritism about an agenda item, Dan't cut off discussion by ane side anal then allow unfettered discussion by the other side. Be equitable and e~°enhanded with all pagicipants. The battanr line is to treat the audience as vau would like to be treated by someone in your seat, You've got an awesome responsibility as a P~CZ member to make sure the planning pr•acess is Fair gild reasonable. [7oing what you can to have a carnfortable~ and consistent setting and process will help meet your- responsibility= to planning anti to the public.. Joanne Garnett is a Senior Planner wikh Worthington, Lennart anti Carpenter in Casper, Wyan~ing, an APA past- president, the 200~t-?005 presicient of the Western Planning f~esaurces t3oard, and a membe r of the VVPR Er4itorial Berard. -~ January/>February2004 5 ~~-fit F:leveryonelboardslpecd rb01 ~elAddress John Schofield 1448 Vail Valley Drive Vail, CO 81657 Doug Cahill PO Box 1077 2856 Snawberry Drive Vail, C4 81658 Chas Bernhardt 2695 South Frontage Vail, CO 81657 o ~ i2oio4 PLANNING AND ENVIRONMENTAL COIU~MISSION Telephone Numbertsl Term Expires Terms Served (Chair) 476-6126 (w) 390-9450 3131104 /96 - 03!04 (4}* 476-6126 (h} (term limit 04 instead of 05 476-4024 (fax} Schofieldibs t(r~vahoo.oom 331-3462 {cell) 3131!05 03199 - 03/05 {3}'` 476-9599 (h) 476-9599 {fax) tail first va i Icah i I Is@com cast. net 476-4712 (w) 376-5994 {cell} 3131105 03199 - 03!05 (3}* 476-4712 {h} 476-7651 {fax} Charles.bemhardt@comcast.net Erickson Shirley (Vice-Chair) 415-559-9277 {cell) PQB 2179 476-1085 (h) {303 Gore Creek Drive #8) 476-1085 (fax} Vail, CQ 81658 moe25moe25 cC~msn.com George Lamb 230 Bridge Street {3130 A Booth Falls Court) Vail, CQ 81657 Ralfie Kjes6o 3419 ( Black Bear Lane} Vail, CO 81658 Gary Hartman POB 2773 (2560 Kinnikinnick Rd. Unit F-1) Avon, CQ 81620 NamelAddress David Viele (Vice-Chaim 2109 B Chamonix Lane Vail, C47 81657 Bill Pierce (Chairman} 2998 S. Frontage Rd. W. Vail, CO 81657 Scott Proper 4640 Meadow Drive, Unit 13 P.Q. Box 1135 Vail, CO 81658 Hans Woldrich 1650 E_ Vail Valley Drive Vail, CO 81657 fU~aret Garvey Rogers 799A Potato Patch Drive Vail, CO 81657 3!31!04 12101 - 03102 (1)* (finishing out Tom Weber's term) 03102 - 03!04 { 1 } 479-2002 {w) 3131104 03102 - 03104 { 1) 476-3274 (h} 476-2658 (fax) alamb(c~slifer.net 845-1001 {w) 977-0268(cefl) 3!31!04 03102 - 03104 (1) 476-5366 (h) 845-9979 {fax} rollieC~nedbo.ccm 949-0257 {w) 3/31104 03102 - 03!04 (1) 477-0725 {h) 949-1080 {f} ahartmanCp7zehren.tom DESIGN REVIEW BOARD Te~~,o o e Number xpire 476-7~6~ (h} 3!3 O~ 03 035 03105 1 " ( } 476-3082{w} 476-3423 {fax} dviele~aol.com 476-6342 (w} 3131!05 03197 - 03105 {4}* 476-4901 {fax) bill r~.vailarchitects.com 331-1441 (celllhome) 3131104 569-3664 (f) scottoraperCcr~comcast. net 479-9577 (w/h} 3!31/04 03/9,3 - 03104 (3}* 479-9329 (fax) 479-9535 (w/h) 3!31104 03102 - 03104 {1)* 479-7462 (fax} mparvev~a vail.net PEC Representative on Open Space Committee -Chas iBernhardt (2002) PEC Representative an AIPP -George Lamb (2002) *This denotes the number of terms served by each board member (2 years = 1 term).