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HomeMy WebLinkAbout2005-1212 PECQ h C E ~ e,~ W N Ya [/1 t7 N e O y ~L ~ W w ~? ? g icy 8~ ~°E uJ @wu~~a~a a. ._ m ~~_ vv v~ o QR ~ ~O ~U m m °aomm wvi .-..'3~'O p @opac~~~ ~ ~O ¢ m ON O E ~r 'lj'm~'o>N a 0 y~j ^la mm>~ ~tj ~, '~ EN w ~ ~vU ~ ~cn@ vma`mm ~ 2 ''t'vi°m- cac Z ¢pO_7Z~ UW w c b ~ U C°$~a+aU °c'U ~~ O ~aUO~nim U~ ZG7~Nm i~ ~ m ~v n ~ mac N`i0.Ua ~m cfi v~co°YUuC atl~~[ pG~7UG DJ { ~~ ~ ~ O~~G~n ~- 4D U7 n~~ Oa`~ > ° ZQ~Ev 4~ ~ v,ro ~ m @ @ 3 ~°'>nQ,~~~uv, `o v00 ?a.~~°~~ a"na~0. 4Uj U W mp~~ C o F 4.c~;.°~vc~~~,cH~ a-r~~~U~. Ec~~p. Z rl a~ Wm 1N41 v~~N a @ I ~~NNOm~d?>ZdQ~ d®-o cruet ~E[06? Z ¢~ ¢ ~ooJ~ ~ L7 ~ daU tiU~ n~~~~,2 tqy~ ~ @ _ ~ @ LLI P. ® C @v v 52 ~canm,-~' mE wa_ C pc ~. ~ UC~~~~ > n cc~n `° cYo v~arn ncv aE ~ vi .-ZfV ride r3 a .-~4U nNmn :w°Q~T °[P m~dvvia (+} fH h~~. I..I V A ~ G~ r^1w ~ rTy rT O W ~ ~ ~ ~.I C/] V 1..i 6i ~~~.yy O i~ ,.~ ~ ~A ~ ~ ~ :+ a~ O cs .^ 4 ~, ~ L ~4~~~ o H v C ~ ~ ~` r~ .^... 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Major Exterior Alterations or Modificah~ Vail Tawn Code. W allow for the ponstnlctian ~f er: Timberline Ladga, loarted at 1F83 Subdiv'siontaand s #ting ortht detailsf nin egard thereto. (PECOS-fl~080) Roost kpplecanC Timberline Lodge, LLC, rePresantetl by Maurlella Planning Group, LLC Planner: George Butner ACTtflN' MOTION: SECONIa: VOTE: 7_ A regtut:5t fora final review of an amended final plat. Pursuant to GhaRter 13-4, Mi- nor Subdivision. Vail Town Coda, to allow fora re- subdivision of Lots 2 and 3, Blgharn Subdivision. setting forth details in regard ttrelre o (PEC05-' and 0007) Fred and ,garret Stretch, APPl~ant represented P James Salmons. fanner Mari Saenrretl SECOND: VOTE: e. A request !or final review o1 a term amarrcimen[ 4o Section t2-7A-3, Contlitlonal Uses. pursuant to Section 12-3-7., Amendment, Vail Town Code, to add 'accomrnodatwn units with kftcnen Facilities; aS a now conditional use in the Public Accommodation zone OistriCi, and set- tingg forth details in tlelails !n regard thereto {PEC05-0079) Applicant; Timberline Roost. Lodge, LLC, represented 4}y Maurietlo ?tanning Group. LLC P?anner. George Rusher ACTCON:TaWed ro January 9, 2006 MOTION: 5ECOND: VOTE: 9. Approval of November 28, 2005 ml- nutes MOTION: SECOND: VOTE: 10. Pnformation Update ti. AdJJ'ournment MdTION: SECOND: VOTE: e hours ai the Town of Vaii Ct ant Department, 75 South I pub6ic is invited to attaMl the and the site visits that precede in the Tcwn Ct Vail Cammuni artrr~en~;. Plea Se Call {g70S 4T ie availt+ble upon n, Please caV {4 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~~ December 12, 2005 'Ii10F Y.9~' PROJECT ORIENTATION - Gommunity Development Dept. PUBLIC WELCOME 'E2:00 pm MEMBERS PRESENT Site Visits. MEMBERS ABSENT 1. Cingular Wireless -- Brandess Building, 2077 North Frontage Road 2. The Roast Lodge -~ 1783 Narth Frontage Road 3. PetroslFowler Residence - 4247 Columbine Drive 4. Streich Residence - 5097 Main Core Drive Driver: George Public Hearing -Town Council Chambers 2:pp prn 1. A request for a final review of a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a public utility and public service use, located at 2077 North Frontage Road {Brandess Building)/Lot 39, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0091) Applicant: Cingular Wireless PCS, represented by General Dynamics-Network Systems Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 2. A request for a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Candi#iorial Uses; Above Second Floor, Vail Town Code, to allow for a business office on the third floor, located at 333 Hanson Ranch RoadlLot C, Block. 2, Vail Village Filing 1, and setting forth details in regard thereto, (PEC05-0090} Applicant: Remonov ~ Company, Inc., represented by Pylman 8~ Associates, Inc. Planner. Bill Gibson ACTION: MOTION: SECOND: VOTE: 3. A request far a final review of a variance, from Section 12-6C-6, Vail Town Cade, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 191Bighorn Terrace Subdivision and setting forth details in regard thereto. (PEC05-0089) Applicant: Catherine Pettus Planner: Elisabeth Eckel ACTION: MOTION: SECOND: VOTE: Page 1 4. A reques# for a final review of a variance, from Section 12-6G-6, Vail Town Code, pursuant to Chapter 12-17, Variances, Vaif Town Cade, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, l~nit 201Bighorn Terrace Suladivision, and setting forth details in regard thereto. (PEC05-0089} Applicant: Thomas and Virginia Fowler Planner: Elisabeth Eckel ACTION: MOTION: SECOND: VOTE: 5. A request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the construction of 124 accommodation units with kitchen facilities, located at 17$3 North Frontage Road/Lots 9-12, Suffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0081 } Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruttier ACTION: MOTION: SECOND: VOTE: 6. A request far a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. ~PEG05-0080} Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Rather ACT10N: MOTION: SECOND: VOTE: 7. A request far a final review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, 1/ail Town Code, to allow far a resubdivision of Lots 2 and 3, Bighorn Subdivision, located at 5087 and 5097 Main Gare Drive, and setting forth details in regard thereto. (PEC05- 0087) Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 8. A request for final review of a #ext amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vaii Town Code, to add "accornmadation units with kitchen facilities: as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. (PEC05-0079} Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Rather ACTION: MOTION: SECOND: VOTE: 9. Approval of November 28, 2005 minutes MOTION: SECOND: VOTE: 10. Information Update 11. Adjournment MOTION: SECOND: VOTE: Page 2 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call X970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone for the Hearing Impaired, far information. Community Development Department Published December 9, 2005, in the Vaif Daily. • Page 3 MEI-AORANDtJM TG: Punning and Environmental Commission FROM: Community Development Department DATE: December 12, 2505 SUBJECT: A request far a final. review of a conditional use permit, pursuant to Section 12-7D-4, Conditional Uses, Vaii Tawn Code, to allow for a public utility and public service use, located at 2077 North Frontage Road (Branders Building)lLat 39, Buffehr Creek Subdivision, and setting forth details in regard thereto.(PEC05-0091) Applicant: Cingular Wireless PCS, LLC and General Dynamics Network Systems, represented by.Brent Wilson Planner: Bili Gibson SUMIVIARY The applicant, Cingular Wireless PCS, LLC and General Dynamics Network. Systems, represented by Brent Wilson, is requesting a conditions! use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Cade, to allow for a i public utility and public service use at the Brandess Building, located at 2077 ! .North Frontage Road. Based upon Staffs review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, witF~ conditions, of this request subject to the findings and conditions noted in Section Vlll of this memorandum, II. DESCRIPTION OF THE REQUEST The applicant, Cingular Wireless PCS, LLC and General Dynamics Network Systems, represented by Brent Wilson, is requesting a conditional use permit, conditional use permit, pursuant to Section 12-7E-4, Conditional Ures, Vail Town Code, to allow for a~ public utility and public service use at the Brandess Building, located at 2077 North Frontage Road. Multipie telecommunication companies currentiy operate antennas and other equipment on and within the Brandess Building. The applicant is proposing to install additional telecommunications equipment at the Brandess Building to provide "third generation" broadband technology services. The new equipment will include three panel antennas mounted to the exterior of the building and one base station cabinet located within an existing mechanical room inside the Brandess Building. The new antennas are a similar size and style to other existing antennas on the building, Additionally, the applicant is proposing to paint the new antennas brown to match existing conditions. A vicinity map (Attachment A), the applicanf's request (Attachment B), architectural Haar plans Attachment C), and photo simu{atians ~Attachrnent D) have been attached for reference. III. BACKGROUND The Planning and Environmental Commission approved similar conditional use permits applications to allow telecommunications equipment at the Brandess Building (AT&T in 2000 and Sprint PCS in 2001 }. IV. REVIEWING_BOARD ROLES Order of Review: Generally, canditianaf use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible far final approval, appraval with modifications, ar denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Desian Review Board: The Design Review Board has no review authority over a conditional use permit application. However, the Design Review Board is responsible far the final approval, approval with modifications, ar denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Saard. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials far completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Zoning Regulations Article 12-7D: Commercial Core 3 (CC3) District (in part): 12-78-2: PURPC?SE: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditions! use permit in accord with the provisions of chapfer 1 fi of this title: Public utility and public service uses. 2 Chapter 12-16: CQNDITIONAL USE PERMITS ?2-?6-?: PURP©SE; t_IMlTAT1QNS: !n order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or specie! characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the locafion and operation of the conditional uses wiN be in accordance with development objectives of the town and will not be detrimental ta~ other uses or properties.. Where conditions cannot be devised to achieve these objectives, applications for conditronal use permits she!! be denied. ?2-?fi-8; PERMIT ,A~PPRQ1/AL AND EF1=FACT: Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two {2) years from when fhe approval becomes final. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two-Family PrimarylSecondary District South: I-70 Right-vf Way NIA East: Pubiic Park Qutdoor Recreation District West: Residential Commercial Care 3 District VII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Tvwn Code. The proposed public utility and public service use is located within the Commercial Core 3 zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Regarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Since public utility and public service use are allowed as conditional uses within the Community Commercial 3 District, Staff believes this proposal is consistent with the Town's development objectives. 3 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 does not believe this proposal will affect the light and air, distribution of population, transportation facilities, Schools, parks and recreation facilities, and other public facilities needs. Staff believes this proposal will have a positive affect on utilities by providing additional telecommunication services to Vail's businesses and residents, 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 does not believe this proposal will affect automotive or pedestrian traffic, ~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. Since multiple telecommunications antennas are currently mounted to the Brandess Building and the applicant is proposing three new antennas of a similar size, style, and color as the existing antennas; Staff does not believe this proposal will have a significant negative affect on the character of the area in comparison to existing conditions. Additionally, the applicant has agreed to remove any obsolete telecommunications equipment currently mounted to the building. B. The Planning and Environmental Commission shall make the fallowing 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 Commercial Care 3 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the applicant's request far a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail 4 Town Code, to allow for a public utility and public service use, la~ated at 2077 North Frontage Raad ~Brandess Building)lLat 39, Buffehr Creek Subdivision, and setting forth details in regard thereto. Staffs recommendation of approval, with conditions, is based upon the review of the criteria described in Section VII of this memo and the evidence and t~:stimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request fora conditional use permit, pursuant to Section 92-7D-4, Conditional Uses, Vail Town Code, to albw for a public utility and public service, use, located at 2077 North Frontage Road (Branders Building)ILot 39, Buffehr Creek Subdivision, and setting forth details in regard thereto; subject to the following conditions: 1. The applicant shall remove any obsolete telecommunications equipment from the Branders Building prior to requesting final Town of Vail construction inspection. 2. Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal, 3. Approval of this conditional use permit shall lapse acrd become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmentaf Commission finds: ~. That the proposed location of the public utilify and public service use is in accordance with the purposes of the zoning regulations and the purposes of the Commercial Core 3 Disfrict. 2. That the proposed Location of the business office use and the conditions under which it would be aperafed or maintained will not be detrimental to the public health, safely, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed business office use complies with each of fhe applicable provisions of the zoning regulations, specifically Section 12-7E-2.' Conditional Uses; Faclars Applicable, and Chapter 12-16, Conditional Use Permits, Vail Town Code. 5 IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request. C. Architectural Plans D. Photo Simulations ~. Public Notice ~~ U Attachment: B Town of Vail -Application for Conditional Use Permit New Cingular Wireless PCS - 850 MHz GSM to UMTS Technology Facility Upgrade "West Vail"' Site #DN4066 Date: November 11, 2005 LETTER OF INTENT PROJECT CONTACTS Agent: Brent Wilson 3389 Cripple Creek Trail Boulder, CO 80305 {303) 817-9147 cell {303) 449-4009 fax Applicant: New Cingular Wireless PCS, LLC 1001 16t Street Suite C-1 Denver, Colorado 802fi5 Co-Applicant: General Dynamics 1450 Academy Park Loop Colorado Springs, CO 80910 Owner: Jayne l3randess Revocable Trust Lessee: New Cingular V4-ireless PCS, LLC ~' Site Address: 2077 North. Frontage Road West -The Branders Building Proposed Alteration: Addition of three 11" panel antennae to the existing rooftop telecommunications facility -painted to match building.. Addition of one new base station cabinet whin the interior of the existing building. This will provide broadband technology. Access: Via existing access. Utilities: Electric from existing service already installed Telephone from existing service already installed WRITTEN STATEMENT a. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. This use is not proposed, it is an existing use. This proposal involves the addition of one 11"wide panel antenna per sector {three total) to the existing rooftop assembly to provide third generation broadband. technology to the residents, businesses and visitors of Vail. There is no expansion of floor area proposed. Anew UMTS base station cabinet wilk be placed within the existing mechanical equipment roam inside the building. All exterior equipment will be painted to match the building. Passersby will not. notice any difference. b. The relationship and impact of the use on development objectives of the Town. This proposal will enhance Vail's economic vitality by providing new infrastructure to meet high tech business needs. We have already installed this same broadband equipment in Aspen, Snowmass, Breckenridge and Avon. This proposal will help the Town of Vail to remain competitive with other area resort. towns. c. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilhies, and other public fiacilities and public facilities needs. This proposal will enhance public facilities needs by introducing broadband technology to Vail and area businesses, V1le are required by federal law to meet or exceed all FCC standards for RF emissions. d. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. This use has a positive effect upon traffic generation and parking needs and reduces congestion, The space that is used to house the base station equipment generates no parking demand. The space, otherwise leased as an office, would generate dozens of vehicle trips per day and would displace off-street parking spaces. This site will be serviced approximately once per month, versus an office that would see roughly twenty visitors per day. Therefore, it will continue to have a positive impact on this `under- parked" office building and the frontage road. e. The 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. No additional bulk or scale is proposed. 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Broadcast Com~u~~~nts, 745 Sugarloaf Road Photo Without Simulated Antenna Alpha Sector ~~, Broadcast Cornp~onents, Znc. ~k~ ~f1f~~L,ESS' 745 Sugarloaf Road ~~$00-5$4-8839 Boulder, CO $4302 C~ct. 18, 2Q05 COHCU4066 Photo with Simulated Antenna Alpha Sector ~ Broadcast Components, Inc. ~r 1X/II~E1.E55 745 Sugarloaf Read 1-800-5$4-$839 Boulder, CO $0302 Oct. I $, 2005 GoHCU~446~6 Phata V'Vthaut Simulated Antenna Beta Sector .. Broadcast Components, Inc. `~. ~1f~~L~SS 745 Su~arloafRoad 1-800-584-8839 Boulder, CO 80302 Oct. I S, 2005 COHCU406G Photo with Simulated Antenna Beta Sectar i o Broadcast Components, Inc. ~ lX/II~ELESS 745 Su~arIoaf Road 1-800-584-8839 Boulder, C4 80302 Oct. 18, 2005 C©HCU4~66 Photo Without Simulated Antenna Gamma Sector _ _ __ ~~ Broadcast Components, Inc, ~~~E~F~S 745 Sugazlaaf Raad I-800-584-8$39 Boulder, C4 80342 Oct. 18, 2005 CoHCU40~66 Photo with Simulated Antenna Gamma Secfior Broadcast Components, Inc. 745 Sugarloaf Road Boulder, CO 8p3Q2 D T-8p0-584-8839 Oct. 18, 20(}5 GC3H~U~06G Attachment: E 7~WNOFY~ THIS 1TEiM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE • NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wifE hold a public hearing in accordance with section 12-3-6, Vail Town Cade, on December 12, 2005, at 2:00 pm in the Town.. of Vaii Municipal Building, in consideration of: A request for a fnal review of a variance, from Section 12-6G-6, Vail Town Cade, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision and setting forth details in regard thereto. Applicant: Catherine Petras Planner: Elisabeth Eckel A request for a final review of a variance, from Section 12-6G-6, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow fnr a residential addition within the side setback, located at 4247 Columbine Drive, Unit 20/Bighom Terrace Subdivision, and setting forth details in regard thereto. Applicant: Thomas and Virginia Fowler Planner: Elisabeth Eckel A request for a Tina! review of a .conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for a business office on the third floor, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Pylman ~ Associates, Inc. Planner: Bill Gibson A request for a fnal review of a conditional use permit, pursuant to Section 12-7E-4, ~~ ~~' Conditional Uses, Vail Town Gode, to allow for a public utility and public service use, t~~~3J° located at 2077 North Frontage Road (Brandess Building)ILot 39, Buffehr Creek Subdivision, and setting forth details in regard thereto. Applicant: Cingular Wireless PCS, represented by General Dynamics-Network Systems Planner: BiII Gibson A request for a final review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code,. to allow far a resubdivisian of Lats 2 and 3, Bighorn Subdivision, located at 5087 and 509? Main Gore Drive, and setting forth details in regard thereto. Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett • ~~~ ~~ ~~ ~~ ~~ ~~ ~> ~n ~~ ~~ 0 0 T ~~ ~i e~ n c~ ~i • MEMORANDUM T©: Planning and Environmental Commission FRAM: Community Development Deparkment DATE: December 12, 2005 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12-78-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for a business office on the third floor, located at 333 Hanson Ranch Road {Vista Bahn Buiiding)ILot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. {PEC05-009©) Applicant: Remonov 8 Company, Inc., represented by Pylman ~ ASSOGIateS, Inc. Planner: Bill Gibson • L SUMMARY The applicant, Remonov and Company, Inc., represented by Pylman 8~ Associates, Inc., is requesting a conditional use permit, pursuant to Section 12- 78-5, Permitted and Conditional Use; Above Second Floor, Vail Town Code,. to allow for a business office on the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section IX of this memorandum. IL. DESCRIRTION OF THE REQUEST The applicant, Remonov and Company, Inc., represented by Pylman ~ Associates, Inc., is requesting a conditional use permit, pursuant to Section 12- 76-5, Permitted and Gonditional Use; Above Second Floor, Vail Town Code, to allow for a business office on the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road. The applicant is proposing to occupy the vacant third floor of this building {former location of the Sanctuary night club) with a real estate sales office for Four Seasons Resort of Vail. This business office will be operated by Playground Destinafion Properties and will include a reception area, restrooms, administrative offices, sales offices, meeting rooms, employee break area, and a sales display area. The applicant is proposing to operate this business office from 5:00 AM to 7:00 PM seven days per week. There are no exterior changes proposed to the Vista Bahn Building and the applicant is proposing to access this proposed business office via the existing interior stairs and elevator. A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural floor plans (Attachment C} have been attached for reference. III. BACKGROUND The Vista Bahn Building is located within a Town of Vail "'Parking Pay-i~n-Lieu" zone. Within this zone property owners are required to pay into the Town of Vail Parking Fund rather than providing off-street parking spaces on the premises. In 1997, the applicant was required to fulfill the parking requirements for the Vista Bahn Building by paying into this fund. !n 20{}1, the Town of Vail reduced the parking fund payment fee to zero dollars ($(l) per required .commercial use parking space. This essentially eliminated any parking requirement for commercial uses with the Town`s Vail "Parking Pay-in-Lieu" zones. This vacant third floor tenant space of the Vista Bahn Building was most recently occupied by the Sanctuary night club. lV. REVIl=VII'INIG BOARD ROLES Order of Review: Generally, conditional use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Plannirta and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Desian Review Board: The Design Review Board has no review authority aver a conditional use permit application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals firom any decision, determination, or interpretation by the PI'anning and Environmental Commission andJor Design Review Board. The Tvwn Council may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requiremen#s of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. 2 V. APPLICABLE PLANNING DOCUMENTS A. Tavvn of Vail Zoning Regulations Chapter 12-2: Definitions (ir, part}: OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (70°loJ of the float area. Article 12-7B: Commercial Core 1 {CC1 }District {in part): 12-78-?: PURPOSE.' The Commercial Core 9 District is Intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 7 District is intended to ensure adequate fight, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B. Condifiona! Uses: The following uses shall be permitted on any floor above the second floors above grade, subjecf to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates any existing dwelling unit, or any portion thereof, shall require a condlflonal use permit. Such uses may include: 3. Professional offices, business offices, and studios. 92-7B-8: CONDl7lOlVAL USES; FACTORS APPLICABLE: In considering, in accordance with chapter 16 of Phis tifle, an application for a conditional use permit within commercial core 7 district, the following development factors shall be applicable: A. Effects of vehicular traffic on commercial core 1 district B. Reduction of vehicular traffic in commercial core 1 district. C. Reduction of nonessential off street parking.. D. Control of delivery, pickup, and service vehicles. E. Development of public spaces for use by pedestrians. F. Continuance of the various commercial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. 3 G. Control quality of construction, architectural design, and • landscape design in commercial core 7 disfrict so as to maintain the existing character of the area. N. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. Chapter 12-16: CONDITIONAL USE PERMITS 12-16-1: PURPOSE; LIMITATI©NS: In order to provide the flexibility necessary to achieve the objectives of this title, specifred uses are permitted in certain districts subject to the granting of a conditional use permit Because of their unusual or special characteristics, conditiona! uses require revr'ew and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between condifonal uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts maybe permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannof be devised to achieve these objecfives, applications for conditiona! use permits shall be denied. 72-18-8: PERMIT APPROVAL ANI~ EPFECT.• Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2J years from when the approval becomes final. VI SIT>; ANA!_YSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Vail Village Master Plan Current Land Use: Mixed Use Standard _ Allowed/Reauired t~xistina Proposed Lot Area; 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Front: Per Vail Village 0 ft. no change Sides: #Jrban Design 0 ft.12 ft. no change Rear. Guidelines 225 ft. no change Building Height: 60% at 33 ft. or less 60%° at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change density: 25 unitslacre 1 unit (9.4 unitslacre) no change GRFA: 3,717 sq. f#. 3,507 sq. ft, na change Site Coverage: 3,717 sq. ft. 3,949 sq. ft. no change 4 Landscape Area: Per the Vail Village 315 sq. ft. no change Urban design Guidelines Parking: 28 spaces 33 spaces` 23 spaces** *Through the pay-in-lieu program the site has provided funds to cover the 33 spaces required by this project in 1997. **Pursuant to 12-1 o-16-B4, Vail Town Code, "There is no pay in lieu fee for commercial uses'; therefore, parking requirements are not applicable to this proposal. VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: hflixed Use Commercial Core 1 district South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 Commercial Core 1 Dis#rict} VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed business office is located within the Commercial Core 1 District. Therefore, this proposal is subject to the issuance of a conditions[ use permit in accordance with the provisions of Chapter 12-16, Vail Town Code.. A. Consideration of Factors Reaardina Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Since the proposed business office use is allowed as a conditional use above the second floor of a building within the Commercial Core 1 District, Staff believes the proposed business office is consistent with the development objectives of the Town. Staff also believes the proposed business office will have less impact on the adjacent residential uses than the previously existing night club. 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. Since the proposed business office has a lower parking requirement than the previously existing night club, there are no proposed exterior changes to the building, and there is no proposed increase in residential density; Staff does not believe this proposal will have a significant negative impact upon light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 5 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. Since the proposed business office has a lower parking requirement than the previously existing night club, and there are no proposed exterior changes to the building; Staff does not believe this proposal will have a significant negative affect 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. 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. Since there are na proposed exterior changes to the existing building and the proposed business office is not located on the first floor of the building, Staff does not believe this proposal will have a significant negative affect upon the character of the neighborhood. B. Additional Criteria for consideration of Conditional Use Permit ataplications in the CC1 Zone Dis#rict: in addition to the standard Conditional Use Permit Criteria and Findings listed in paragraphs A and B above, applications for a Conditional Use Permit within the Commercial Care 1 District must address the following additional development factors: 1. Effects of vehicular traffic an Commercial Core 1 District; The proposed business office requires five fewer off-street parking spaces than the previously existing night club. Additionally, Staff believes the operation of the proposed business office will require fewer delivery, pick-up, and service vehicles than the previously existing night club. 2. Reduction of vehicular traffic in Commercial Core 1 District; The proposed business office requires five fewer off-street parking spaces than the previously existing night club. 3. Reduction of nonessential off-street parking, The proposed business office requires five fewer off-street parking spaces than the previously existing night club. fi 4, Control of delivery, Pick-up and service vehicles; Staff believes the operation of the proposed business office wip require fewer delivery, pick-up, and service vehicles than the previously existing night club. ~. Development of public spaces for use by pedestrians; Since there are no proposed exterior changes to the building, Staff does not believe this proposal will affect any public spaces far use by pedestrians, 6. Continuance of the various commercial, residential, and public uses in Commercial Care 1 District so as to maintain the existing character of the area; Since the propased business office is not located on the firs# floor of the building and other real estate offices exist within the Commercial Gore 1 District, Staff believes this proposal maintains the existing character of the area. 7. Control quality of construction, architectural design, and landscape design in Gommercial Gore 1 District so as to maintain the existing character of the area; Since there are no proposed exterior changes to the building, Staff does not believe this proposal will affect the quality of construction, architectural design, landscape design, or character of the area. 8, Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 District. Staff believes the proposed business office will produce less noise, odor, dust, smoke, and other factors on the environment of the district than the previously existing night club. C. The Planning and 1=nvironmental Commission shall make the following findings before granting a carfditianal use r~ermit: 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 Gommercial Core 1 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, ar 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. 7 1X. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the applicant's request fora conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow far a business office an the third floor, located at 333 Hanson Ranch Road (Vista Bohn Building}1Lot C, Block 2, Vail Village Filling 1, and setting forth details in regard thereto. Staffs recommendation of approval, with conditions, is based upon the review of the criteria described in Section VIII of this enema and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Camrnunity Development Department recommends the Commission pass the fallowing motion: "The Planning and Environmental Commission approves the applicant's request far a conditional use permit, pursuant to Section 92-78-5, Permitted and Conditionaf Uses; Above Second door, Vail Town Code, to allow for a business offrce on the third floor, located at 333 Hanson Ranch Road (Vista Bahn BuildingylLot C, Black 2, Vail Village Filing 1, and setting forth details in regard thereto; subject to the following conditr'ans: 1. The applicant sha11 occupy less than ten percent {9gl) of this business ofl'~ce's door area with the storage, sale, ar display of merchandise. 2. The applicant shall not install any exterior signage for this business office without Tawn of Vail design review approval. 3. Approval of this canditianal use permif shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completr'on ar fhe use far which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission lands: ~`. That the proposed location of the business office use is in accordance with the purposes of the zoning regulations and the purposes of the Cammercia! Core 9 District, specifically Section 7~-78-1: Purpose, Vail Town Code. 2. That the proposed location of the business office use and the conditions under which it would be operated ar maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity. 8 3. That the proposed business office use complies with each of the applicable provisions of the zoning regulations, specifically Section 12-78-8: Conditional Uses; Factors Applicable, and Chapter 92-96, Conditional Use Permits, Vail Town Code. X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans Q. Public Notice • • 9 Attachment: B LJ VISTA BARN BUILDING 3`a Floor Professional C3ffice Conditional Use Permit Application • 11.0 Introduction: 1.1 Pur©ose of Rcnort: The purpose of this report is to provide information relative to a request for a conditional use permit for the Vista Bahn Building located at 333 Bridge Street in Vail Village. The Vista Bahn Building is located in the Commercial Core I Zone District and is subject to the horizontal zoning requirements of the CCI district. Above second floor in the CCI Zone District all uses other than residential and lodge are listed as conditional uses. Submittal requirements for a conditional use permit are set forth in the Town of Vail Zoning, Code and in the conditional use permit application package. This report includes all information required for submittal and review of a conditional use permit and addresses all of the applicable review criteria and. findings. 2A Description of Existing Condrtivns The Vista Bahn building comprises approximately 17,Ot}0 square feet on four floors plus a basement. The first floor includes a clothing store and a ski shop. The second floor includes the Tap Room, a bar and restaurant. The third floor and fourth floor formerly was the Sanctuary, a night club. That use has ceased and the space is currently vacant. The third floor, approximately 3,b56 square feet gross, will be changed. from the night club into offices as shown on the aceornpanying plan. The fourth floor is currently being renovated into a residential urkit. 3.0 Description of Proposed Use This specific request is for approval of a conditional use permit to allow professional office use on the third floor of the Vista Bahn building. While this application describes a proposed specific tenant, the building owners request the conditional use permit be valid for any use considered as a professional office. Specifically, the building owners have entered into a lease arrangement with Playground Destination Properties. Playground Destination Properties is a Colorado licensed real estate brokerage and will use the third floor of the Vista Bohn building for the sales ofresidences at the four Seasons Resort Vail. The space has been designed to include the following: reception area, two restrooms, administration offices, sales offices, meeting rooms, an employee break area and a 2 large open area with sales display information. Access to the space will be via the existing staircases and elevator, It is anticipated that the office will operate 7 days per week with normal business hours of 8.:00 a.m. to 7 p.m. 4.0 Relatio~~~ia to ll~aster Plans The application is in general conformance with all applicable master plan documents. 5.0 Conditional Use Permit Review Criteria and Findings The following paragraphs state the six criteria that the planning and environmental commission shall consider in the review of a conditional use permit and gives the applicants response to each of the criteria. 1, Relationship and impact of the use on development obiectives of the town. Applicant Response: The use of the existing third floor space of the Vista Bahr building as professional office space has very little direct effect upon the main development objectives of the overall Vail rnaster Plan or of the Vail Village Master Plan. There is some direct correlation to Vail Village Master Plan Goal #2, which states " To foster a strong tourist industry and promote year round economic health and viability for the village and for the caa~arnunity as a whale." 2. Effect of the use on ii~ht and air, distribution of population) transportation facilities, utilities. schools, narks and recreation facilities, and. other public facilities and public facility needs. Applicant Response: The use of the third floor of the Vista Bahn Building as a professional office will not have any measurable or noticeable effect upon any of these facilities. 3. Effect anon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience. traffic flow and control, access. maneuverability, and the removal of snow from the streets and oarkin~ areas. Applicant Response: The use of the third floor of the Vista Bahr Building as a professional office will not have any measurable or noticeable efl'`ect upon any of these facilities beyond 3 those normally associated with the already allowed uses by right of the zone district. 4. Effect upon the character of the arcs in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Response: There are similar uses in existence on the upper level floors of buildings throughout Vail Village. This use will not have any negative effect upon the character of the area. There are no physical exterior changes proposed to the building, other than perhaps a sign, so there is no change to the scale or bulk of the building. S. Such other factor and criteria as the commission deems applicable to the proposed use. _ Applicant Response: The applicant will address any other factors and criteria as the Planning and 1lnvironment.al Commission may request. 6. The environmental impact report coucernin~ the proposed use.. if as environm~e~atal impact is required by Chapter l2 of this title: Applicant Response: There are no environmental impacts associated with this request that are above and beyond those that would be reasonably associated. with a use by right in this location. • 4 ! , o~ 9 sS e E ~ { i . ~ G~ ~ l ~ p 1 Q x ,~ ! b° F i iii ~ ~ 6 ril ~ ~ f ~ u~ f ~ 0 O Q O U ~~~ W 5 ~ M I I Attachment: C 3i~ ~M 7~ ryQ 1 ~4f' 1y001~ ObE '15 ~?aC]I!!B ££E 3? '~ ? 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G~ e s4a ~~ !~ a ~Y3 ~ ~ ~ ~ ~ 6 ~ d' Y yF° --5 e~~~ ~~;~ ~qq ~ ty@g~ f,~Xi a~ ~ o s °~ a ryp~~ E ~y~ [gig~~ ~ E~ 9is ~ ~ ~ ~ o 348 L' F~:a ~~ '.5} ~ 9~ ~ ~ [Ei 7! 7 9::~ ~~ ~7 ~S~ 7 7ef 7 .~ GY I~ ~ o _ _ Q _~_-___ ~_;- o ~ - -- _- _ -- - ~ , s~, _ _, _~- Q x ~, _.. ~,, .~ o tea--- L _ _ . ..W .-•.~ ~ ~~; Q! `, w~ - ~ - U .i r, 4 -a p ~ _._ _• ~_ , ~ ~ i j~ _.~ ~'' aq ~°i a ,~ _ a ~ a ,~ ~ 1~~~ Via. ~ ~ I~ ~~ r `. J1 ~~ s r~ N \ I = 1 f =.f+Gl ~~ ~ S ,F _ _._._ _ _ ._„~_._ _~_N _.__.__~ _ _._ _. ~ _ M ._._ _._ _ _. V ~' 7 Attachment: D • ~ 1VIIII VC ~AW ~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC N©TICE 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, Vail Town Cade, an December 92, 2005, at 2:00 pm in the Town of Vail Munictpa! Building, in consideration of: A request for a final review of a variance, from Section 12-6G-6, Vail Town Code, pursuant tv Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision and setting forth details in regard thereta. Applicant: Catherine Petros Planner: Elisabeth Eckel • A request for a final review of a variance, from Section 12-6G-6, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 201Bighom Terrace Subdivision, and setting forth details in regard thereto. Applicant: Thomas and Virginia Fowler Planner: Elisabeth Eckel A request far a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for a business office an the third floor, Iacated at 333 Hanson Ranch RoadfLot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov ~ Company, Inc., represented by Pylman & Associates, Inc. Planner: Bill Gibson r~~~~.~' ~ ~ ~~ ~ I ~ A request for a final review of a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Cade, to allow for a public utility and public service use, located at 2D77 North Frontage Raad {Brandess Building)lLot 39, Buffeter Creek Subdivision, and setting forth details in regard thereto. Applicant: Cingular Wireless PCS, represented by General Dynamics-Network Systems Planner: Bill Gibson A request far a final review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, Vatf Town Code, to allow for a resubdivisian of Lats 2 and 3, Bighorn Subdivision, located at 5(187 and 5097 Main Gore Drive, and setting forth details in regard thereta. Applicant: Fred and Janet Stretch, represented by James Salmons Planner: Matt Gennett r: O r MEMORANDUM T0: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2005 SUBJECT: A request for a final review of a variance, from Section 12-fG-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision, and setting forth details in regard thereto (PEC05- 0088}. Applicant: Catherine H. Petros Planner: Elisabeth Eckel SUMMARY The applicant, Catherine Petros, is requesting a variance from Section 12-6G~-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 191Bighom Terrace Subdivision. The requested variance is the result of a proposal to construct a new entryway addition upon an existing duplex structure. Staff is recommending appro~at, with conditions,. of the requested variance because a practical difficulty or hardship exists and approval of the variance would not constitute a granting of special privileg@ to this property owner. II. DESCRIPTtQN ~F REQUEST The applicant, Catherine Petros, is requesting a variance from the side setback regulations specified in Section 12-6G-6, Vail Town Code, in order to construct a new entryway at the duplex residence they share in the Bighorn Terrace Subdivision, Currently, the duplex is one of twenty six duplexes within the Subdivision, which was annexed into the Town of Vail in 1974. The Town zoned the Subdivision Medium Density Multi-Family (NOME} at the time of annexation, which. prescribes twenty foot setbacks at the front, sides, and rear of each lot, Because the zoning designation was applied to the lots following the construction of the structures, multiple non-conformities resulted upon each lot within Bighorn Terrace. The area proposed for expansion is located at the front of the residence and includes sixty-eight (68} square feet Gross Residential Floor Area (GRFA) of the allowable 250 square foot addition allotted to Unit 19. The purpose of the addition is to form an enclosed entryway. According to the Town's files, no variances have been requested or granted to Unit 19 to date, The footprint of the duplex under consideration (as well as many other duplexes within the development) lies somewhat askew atop the property line. As a result, the duplex is located completely within the western side setback. The duplex also currently extends as much as fourteen feet (14'} into the eastern setback, leaving a six foot (5') side setback near the northeast comer of the Lot. Because the side setbacks figuratively "overlap", no part of the lot is free from the encumbrance of side setbacks, As a result, the applicant is requesting a variance to build within the western side 1 setback and to extend by seven feet {7'~ into the eastern setback. The encroachment into the eastern side setback will not result in an encroachment greater than that which already exists today (14'). There will be na encroachment into the front or rear setbacks as a result of the proposal. The applicant is concurrently proposing to replace in the same location the exterior stairs and deck located at the front of the residence within the parking easement, which is twenty feet (2D'}deep and encompasses the same square area as the front setback. . III. gACKGROtJND Many ather'Lots within the Bighorn Terrace subdivision have requested and been granted setback. variances for new construction. Follawing is a list of associated requests and recommended suppork ar the lack thereof by Staff, followed by the vote of the PEC. Date Ar~r~licant Tvae of Request Amount of Variance Staff Recommendation F~ECAcdan 1977 Benysh GRFA 130 square feet Approval Approval Setback 8 feet Approval Approval 1978 Rawe GRFA 473 square feet Denial Approval Setback 7. 5 feet Denial Approval 1978 Alder GRFA 75 square feet Denial Approval Setback 8 feet Denial Approval 1978 Turnbull Setback 7 feet Approval Approval 1980 Curfman GRFA 177 square feet Denial Approval 1982 Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1983 Houston GRFA 80 square feet Denial Approval Setback 16 feet Denial Approval 1985 Sherr GRFA 50 square feet Denial Approval Setbacks (3} 3, 11, 13 feet Approval Approva! 1985 Nicholson GRFA 395 square feet Denial Denial Setback third floor directly above Approval Approval 1990 Benysh Setbacks (2} 13, 15 feet Denial Approval 1990 Nillson Setbacks (2} 11, 15 feet Denial Approval 2Qp5 Petrol Setbacks (2) 7, 2Q feet Approval A vicinity map depicting the location of the residence is attached for reference (Attachment A). Reduced copies of the proposed site plan and elevations are attached for reference {Attachment B} as are photos of the existing residence {Attachment C), the written request from the applicant {attachment D}and the public native which preceded the request {Attachment E). IV. RC)LES OF REVIEWING BODIES The PEC is resaansible for evaluating a ororaosal for: Action: 7'ite PEC is resporasibie for` final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 2 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities,. and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Desian Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRB application. Town Gouncil: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council ar by the Town Council. Town Council evaluates whether or not the DRB or PEC erred with approvals or denials, and may uphold,. uphold with modifications, or overturn the Board's decision. Staff: The staff is responsible for ensuring that all submittal re~u'rrements 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 and provides a staff evaluation of the project with respect to the reguired criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DQGUMENTS Zoning 12egulatiions Section 12-2 Definitions SETBACK: The distance from a lat or site Line, creek or stream measured horizontally to a line or location within the lot or site which establishes the pemtitted location of uses, structures, orbuildings on the site Section 12-6G-6: Medium Density Multi-Family District Setbacks: In the MQMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shelf be twenty feet (24). Section 12-17 Variar?ces (in part) • , 72-77-7: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical di~culties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict orliteral interpretation and enforcement, variances from certain regulations may be granted. A practical dilfrculty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing strucfures thereon; from topographic or physical conditions on the site orin the immediate vicinity; or from other physicallimitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING AND ,ENVIRONMENTAL COMMISSIONACTION: W>fhin twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submifted ormay approve the application subject to such modifications orconditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 12-17-7: PERMIT APPROVAL AND EFFECT. Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two {2) years from when the approval becomes final. V. ZONING ANALYSIS AddresslLegal: 4247 Columbine Drive, Unit 201Bighorn Terrace Subdivision Zoning: Medium Density Multi-Fami ly (MDMF) ©evelooment Standard AllowedlReauired Existing Prooosed Lot Area: 10,000 sq. ft, 1,747 sq. ft. no change Se#backs: Front: 20 ft. 27 ft. 23 ft. Sides. 20 ft. 6 ft. (E)!0 ft. (1N] 13ft.(E}lUft:(VI!} Rear: 20 ft. 1.5 feet no change Building Height: 33' 23' no change GRFA: 978 sg, ft. 1,175 sq. ft. 1,243 sq. ft. Site Coverage: 786 sq. ft. (45%) fa32 sq. ft. (36%) 700 sq. ft. (40%} Landscape Area: 524 sq. ft. (30%} 1,115 sq. ft. (54%) 1,047 sq. ft. (60%) Parking: 2 spaces 2 spaces no change • VII. SURROUNDING LAND USES AND ZUNING Land Use North: High Density Residential South: Medium Density Residential East: Medium Density Residential West: Medium Density Residential VII[. CRITERIA AND FINDINGS Zoning Residential Cluster Two Family Residential Two Family Residential Agriculture! Open Space A. Consideration of Factors Reaarrlinn the Setback and Parking Location Variances: The relationship of the requested variances to other existing or potential uses and structures in the vicinity. This lot is located in a neighborhood with lot sizes generally smaller than 1,500 square feet. Because the subdivision was platted and constructed prior to annexation and the application of a zoning designation, a number of .non-conformities exist within the subdivision, including numerous setback encroachments. As designated in the referenced chart, multiple homeowners within the subdivision have requested and been granted variances for encroachments into the setbacks in order to expand and or update the facades ar interiors of the homes. The applicant's request is similar in nature to previously granted variances. Because each lot within this subdivision has experienced "physical difficulty due to the size, shape or dimensions of the site", Staff feels that requests such as the ones granted have been warranted. Staff recommends that, if the request is approved, it be paired with conditions which aid in the improvement of other aspects ofnon-conformity can the lot, such as a redesign of the existing deck and staircase to allow for at least partial placement of the non-conforming parking that is currently located entirely within the Town of Vail right-of-way instead of within the twenty foot parking easement designated at the front of the Lat. This may involve reducing the existing deck form its current depth on Lot 19 of eighteen feet (18') to approximately three feet (3') in depth and locating the existing staircases to the east and west of the remodeled deck instead of at the south of the lot, where the stairs currently exist directly within the parking easement. Concurrently, Staff recommends that the applicant provides increased landscaping in front of the proposed addition for additional screening of the residence, which currently exhibits significant street visibility. Additionally, because the party wall and the property line of the duplex are not aligned, Staff recommends that this issue be brought into conformance through an updated plat, also as a condition of approval. Therefore, because the. applicant's proposal involves no encroachment into 5 the front setback or the parking easement (therefore the placement of the proposed addition will not affect the amount of open space between Unit 19 and surrounding units) and does not involve a variance request from site coverage or landscaping requirements, Staff feels that this request may concurrently improve conditions upon this lot if paired with appropriate conditions of approval. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Strict and literal interpretation of the setback regulations within the Bighorn Terrace Subdivision has not been historically enforced by the Planning and Environmental Commission due to the widespread non-conformities that exist within the subdivision as a result of the timing between construction, annexation, and zoning designation. Until this point, the PEC has clearly supported similar treatment of the duplexes in this area, which has involved frequent approval of variance requests similarto the proposal currently under review. Staff recommends that the PEC discuss future treatment of setback variances for lots within this Subdivision in order to continue to allow for equal treatment while not providing an unnecessaryamount ofrelief from the regulations. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposal will have some effect on the amount of light and air within the Subdivision, though the location of the requested addition concerns the periphery of the development, which faces Columbine Drive, where the amount of available light and air is greater than the amaunt of light and air within the Subdivision. As a result, the effect on light and air would be Less intrusive than if the addition was proposed at the east or west sides of the duplex or at the inner areas of the Bighorn Terrace development. The proposal will increase the amaunt of bulk and mass upon the site, though will not increase the "depfh'°of encroachment into either of the side setbacks. Staffs suggestion far increased landscaping at the front of the Iot may help to provide more flexibility for the Town, should the parking easement ever need to be permanently accessed far parking, the use forwhich itwas dearly intended. The effect of the proposal on the distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, will not be substantial. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. The Planning and Envirrnmental Commission shall make the followino fndinos before orantina a variance: 6 1, That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classifed in the same district. 2. That the granting of the variance will not be detriments! 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 inconsis#ent with the objectives of this title. b, There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that da 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. IX. STAFF REC©MMENDATION The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the side setbacks located at 4247 Columbine Drive, Unit 191 i3ighom Terrace Subdivision based upon the review of the criteria in Section VI II of this memorandum and the evidence and testimony presented as well as the findings listed below. Staff recommends that, should the Planning and Environmental Commission choose to approve the application, the following findings be made a park of the motion: 1. That the granting of the variances 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 variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict interpretation or enforcement of the specified regulation will result in practical difficulty ar unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4. That the strict interpretation or enforcement of the specified regulation wilt 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. Prior to design review of the associated application, the applicant shall provide plans designating the reduction of the deck size and the relocation of the stairs to provide a fully accessible parking easement. 2. Prior to the receipt of a Temporary Certificate of Qccupancy by the Community Cevelopment Department, the applicant shall plant landscaping to the equivalent of three (3} six to eight foot tall coniferous trees to the south of the proposed addition in order to visibly reduce the perceived bulk and mass of the addition. 3. Prior to issuance of a building permit, the applicant shall obtain from the Public 1Norks Department a revocable right-of-way permit for the parking that will remain within the Town`s right-of--way. 4. Prior to the issuance of a Temporary Certificate of Qccupancy by the Community Development Department, the applicant shall receive approval of a revised plat for Lots 19 and 2©, which delineates a property line congruent with the existing party wall. 5. This approval of this variance request shall be contingen# upon the applicant receiving Town of Vail approval of the related design review application. IX. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Photos D. Applicant's Request E. Publication Notice 7 0 e .--_.~ a ~r ~~ a ~~ zr b ~' ~4. n 4g a 4J ~Q ~. 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T f 1 , kx i J / :` ++ ~ a~ u / . ~~' ~ @ ~ ~ ~ ~t<,+ 4 ! k f ~~~ ~ ~ ~ ' . i ~ .. a Q ~ ,. ~ ~ ~ .~ . ~ ~ ~~ I~. "` ! ~ ~: !~ ~: Y ~ ~~ ti i ~ ;~'° '~ 1 r ~ _ ~~ ~ ,' ~ ~"" M ~ ~] i,. _ . ~'' '~ ~S Attachment: D Application for Variance Submittal Request Submittal Requirements Fee: ~'~ 00 Checks enclosed Stamped, addressed envelopes and a list of the property oweners adjacent Ta the subject property: Envelopes and list enclosed.. Title Reports: Enclosed • Written appravUl from condominium association and joint owners. Enclosed A written description of the nature of the variance requested and the specific regulatirans involved: The nature of the variance requested regards the setback rules of fifteen feet from the side of our duplex and twenty feet from the front of our duplex to the end of our property line. By adding covered entryways across the front of the duplex we may infringe on the setback rules. Therefore we are requesting the variance for the project. if we stay within the strict or literal interpretation of the setback rules we will not be able to utilize thenew GRFA:rute~ which allow-us to add the covered entryway. During the winter, snow melts off the existing balcony and becomes an ice hazard on our front porch= therefore we believe the project will add safety, and at the same time add beauty with the wonderful design done by the architect, better windows and doors and an updated appearance. • A written statement addressing the fc~llr~wing: a. The relationship of the requested variance to other existing or potential u.ses• and structures in the vicinity. The area is residential and we are experiencing a growth in the size and qualities of the homes that are being built in our area. We enjoy our duplex "community" but wish to upgrade the look of the property in keeping with the iFnproving neighborhood. b. The degree to which relief from the strict ar literal interpretation and enforcement of a .Specified regulation is necessary la achieve compatibility and unifr~rmily of treatment among sites in the vicinity or to attain the objectives of this title without grant ar special privilege. Many of the houses in Bighorn Terrace are non-conforming ., ~. ~,~u., ~ -l! .:;..~~, ~ a u~ :;. ~ b~I~rr~tl~I~te~+6~«.~~.~k~.- I~A~~~fF~+ 6Va~~1~ ~~•~:~ r~:.l•~;;A~tl~*`xi~ Building Hiles and codes have changed. The homes are small and densely placed in our area and therefore require special privileges in order to keep the area vibrant and beautiful. `~,~~ ~:1, ~ ~, r.,~~ ~.. proj•ecC'isaaot`only-taTatld=co~ered,:= , c,s2r~,.~,„a~ tr~ha~th~:.teriarl+ool~.a~.t}p~orpe~ky~i~-.. keeping with the changing neighborhood. Because East Vail is a residential area, we are interested in updating our duplex to blend nicely with the new houses that have been built on our street. fur design includes stone, stucco and wrought iron which are being used by the surrounding new houses.. Also, our project would increase the safety of entering our houses because: ~o~e:~~tl.:~'~~~y~~sR~~~ ~:i.:liflcls~ufi~~r~.,a~~.~,~... r a hazard. c. The effect of the variance on light and air, distribution of papulatfon, transportation, traffc facilities, utilities and public safety. The variance would not affect light and air far any neighboring homes. If anything, we are adding more light to our own interiors with our windows and the entry way lighting which will be safer. Because ft is a residential area and our duplex is in the middle of the black, our improvements will have no effect on transportation, traff c facilities,. utilities and public safety. • d. Hdw the request campdies with adopted Town of Yaid planning policies and developmenl objectives. The request complies with adapted TOV planning policies and development objects because we are utilizing the new GRTA rules to enlarge our duplex, adding the safety of enclosed entryways and updating the look of our duplex with new windows, rock fascia, and stucco. We believe the material on our house now is very dated and this project will improve the looks greatly which we believe is the objective of the Town of Vail. • • Attachment:. E ~ , 70WNOFYrllL . 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-~, Vail Town Cade, on December 12, 2Q05, at 2,00 pm in the Town of Vail Municipal Building, in consideration of: A request for a fnal review of a variance, from Section 12-6G-6, Vail Town Code,. pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 191gighorn Terrace Subdivision and setting forth details in regard thereto. Applicant: Catherine Petros Planner: Elisabeth Eckel A request for a final review of a variance, from Section 12-8G-6, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Gode, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 201Bighom Terrace Subdivision, and setting forth details in regard thereto. Applicant: Thomas and Virginia Fowler Planner: Elisabeth Eckel A request for a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor,. Vail Town Code, to allow for a business office on the third floor, located at 333 Hanson Ranch Road/Lot C, Block 2, 'Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remo~ov & Company, Inc., represented by Pylman & Associates, Inc. Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a public utility and public service use, located at 2077 North Frontage Road (Branders Building~lLot 39, Buffeter Creek Subdivision, and setting forth. details in regard thereto. Applican#: Cingular Wireless PCS, represented by General Dynamics-Network systems Planner: Bill Gibson A request for a final review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Gode, to allow for a resubdivision of Lots 2 and 3, Bigh©rn Subdivision, located at 5087 and 5097 Main Gore Drive, and setting forth details in regard thereto. Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett ~~ ~~ ~b~ I ~ ~~ ~~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Developrnent Department DATE: December 12, 2005 SUBJECT: A request for a final review of a variance, from Section 12-6G-6, Setbacks, Vail Tawn Cade, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 20IBighom Terrace Subdivision, and setting forth details in regard thereto (PEC05- aas9}. Applicant: Thomas and Virginia Fowler Planner: Elisabeth Eckel I. SUMMARY The applicants, Thomas and Virginia Fowler, are requesting a variance from Section 12-6G-6, Setbacks, Vail Tawn Code, pursuant to Chapter 12-17, Variances, Vail Town Code, #o allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 20lBighom Terrace Subdivision. The requested variance is the cesult of a proposal to construct a new entryway addition upon an existing duplex structure. Staff is recommending approval, with conditions, of the requested variance because a practical difficulty or hardship exists and approval of the variance would not constitute a granting of special privilege to this property owner. II. DESCRIPTION Of REQUEST The applicants, Thomas and Virginia Fowler, are requesting a variance from the side setback regulations specified in Section 12-6G-6, Vail Town Cade, in order to construct a new entryway at the duplex residence they share in the Bighorn Terrace Subdivision. Currently, the duplex is one of twenty six duplexes within the Subdivision, which was annexed into the Town of Vail in 1974. The Tawn zoned the Subdivision Medium Density Multi-Family (NOME) at the time of annexation, which prescribes twenty foot setbacks at the front, sides, and rear of each lat. Because the zoning designation was applied to the fats following the construction of the structures, multiple non- conformities resulted upon each lot within Bighorn Terrace. The area proposed for expansion is located at the front of the residence and includes sixty-eight {6$) square feet of Gross f~esidential Floor Area (GRFA} forming an enclosed entryway. Unit 20 was granted a rear setback variance from the Planning and Environmental Commission [PEC) in 1990 for the construction of a storage shed and the expansion of a dining room at the rear of the duplex. The footprint of the duplex under consideration {as well as many other duplexes within the development) lies somewhat askew atop the property line. As a result, the duplex is located completely within the eastern side setback. The duplex also currently extends between five feet (~') and fifteen feet {15'} into the western setback, leaving a side setback of only five feet (5'} at the northwest comer of the Lat. Because the side setbacks figuratively `°overlap", no part of the lot is free from the encumbrance of 1 side setbacks. As a result, the applicant is requesting a variance to build within the eastern side setback and partially (five feet} extend into the wes#ern setback. The encroachment into the western side setback will not result in an encroachment greater than that which already exists today. There will be no encroachment into the front or rear setbacks as a result of the proposal. The applicant is concurrently proposing to replace in the same location the exterior stairs and deck located at the front of the residence within the parking easem~:nt, which is twenty feet {2p`) deep and encompasses the same square area as the front setback. III. BACKGROUND Many other Lots within the Bighorn Terrace subdivision have requested and been granted setback variances far new construction. Following is a list of associated requests and recommended support or the lack thereof by Staff, followed by the vote of the PEC, Date Aunlicant Tvue of Request Amount of Variance Staff Recommendation PEC~on 1977 Benysh GRFA 130 square feet Approval Approval $e#back 8 feet Approval Approval 1978 Rowe GRFA 473 square feet Denial Approval Setback 7. 5 feet Denial Approval 1978 Alder GRFA 75 square feet ~ Denial Approval Setback 8 feet Denial Approval 1978 Turnbull Setback 7 feet Approval Approval 1980 turfman GRFA 177 square feet Denial Approval 1982 Odum GRFA 122 square feet Denial Tabled Setback. 18 feet Approval Tabled 1983 Houston GRFA 80 square feet Denial Approval Setback 16 feet Denial ~ Approval 1985 Shen' GRFA 50 square feet Denial Approval Setbacks (3) 3, 11, 13 feet Approval Approval 1985 Nicholson GRFA 395 square feet Denial Denial Setback third floor directly above Approval Approval 1990 Benysh Setbacks (2) 13, 15 feet Denial Approval 1990 Nlllsan Setbacks [2) 11, 15 feet Denial Approval 20U5 Fowler Setbacks {2J T, 20 feet Approval A vicinity map depicting the location of the residence is attached for reference {Attachment A}. Reduced copies of the proposed site plan and elevations are attached far reference (Attachment B) as are photos of the existing residence (Attachment C}, the written request from the applicant (Attachment D) and the public notice which preceded the request {Attachment E). IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a nroQOSaI for: Action: The PEC is responsible far final approval/denial of a variance. 2 The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3, the effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable #o the proposed variance. Design Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRB application. Town Council: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the DRg or PEC erred with approvals or denials, and may 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 and provides a staff evaluation of the project with respect to the required criteria and Endings, and a recommendation on approval, approve{ with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DUCL9MENT5 Zoning Regulations Secfion 72-2 Definitions SETBACK: The distance from a lot or site line, creek or stream measurer! horizontally to a line car location within the lot or site which establishes the permitted location of uses, structures, arbuildings on the site SeGfion 92-6G-6: Medium Density Multi-Family District Setbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20'J, and the minimum rear setback shall ba twenty feet (~o'J. Section 92-77 Variances {in part) 3 72-77-7: PURPOSE: A. Reasons Far Seeking Variance: 1n order to prevent ar to lessen such pracfical difficulties and unnecessary physical hardships inconsistent with the objectives of this fide as would result from strict orliteral interpretation and enforcement, variances from certain regulations may be granted. A pracfical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical condifions on the site or in the immediate vicinify; ar from other physical limitations, street locations or conditions in fhe immediate vicinity. Cost or inconvenience to the applicanf of sfricf or liters! compliance with a regulation shall not be a reason for granting a variance. 72-77-5: PLANNING AND ENVIRONMENTAL COMM1SSlON ACTION: Within twenfy (201 days of the closing of a public hearing on a variance application, fhe planning and environmental commission shall act on fhe application. The commission may approve the application as submitted ormay approve fhe application subject to such modifications arconditians as it deems necessary fo accomplish the purposes of this fide, or fhe camrnissian may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 72-77-7: PERMIT APPROVAL AND EFFECT.• Approval of fhe variance shall lapse and became void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes fanaL V. ZONING ANALYSIS AddresslLegal: 4247 Columbine Drive, Unit 20IBigham Terrace Subdivision Zoning: Medium Density Multi-Family {MDMFj Deveiogment Standard AllowedlReauired Existing Proposed Lot Area; 10,000 sq. ft. 1,883 sq. ft. Setbacks: Front: 20 ft. 30 ft. Sides: 20 ft. 0 ft. (E)15 ft. (W) Rear: 20 ft. 7 feet Buildir<g Height: 33' 23' GRFA: 1,054 ft. 965 sq. ft. Site Coverage; 847 sq. ft, {45%) 512 sq. ft. {27%j Landscape Area: 565st1. ft. (30%j 1,371 sq. ft. (73%) Parking: 2 spaces 2 spaces 4 no change 23 ft. 0 ft, (Ej113 ft. (V11) no change no change 1,(733 sg. ft. 5$0 sq. ft. {30%j 1,303 sq. ft. {69%j no ck~ange n i.__J • VII. SURROUNDING LANG USES AND ZONING Land Use North: High Density Residential South: Medium Density Residential East: Medium Density Residential West: Medium Density Residential Vlli. CRITERIA AND FINDINGS Zoning Residential Cluster Two Family Residential Two Family Residen#ial Agricultural Open Space A. Consideration of Factors Reaardino the Setback and Parkins Location Variances: 1. The relationship of the requested variances to other axis#ing or potential uses and structures In the vicinity. This lot is located in a neighborhood with lot sizes generally smaller than 1,~f?0 square feet. Because the subdivision was platted and constructed prior to annexation and the application of a zoning designation, a number of non-conformities exist within the subdivision, including numerous setback encroachments. As designated in the referenced chart, multiple homeowners within the subdivision have requested and been granted variances for encroachments into the setbacks in order to expand and or update the facades or interiors of the homes. The applicant's request is similar in nature to previously granted variances. Because each lot within this subdivision has experienced "physical difficulty due to the size, shape or dimensions of the site", Staff feels that requests such as the apes granted have been warranted. Staff recommends that, if the request is approved, it be paired with conditions which aid in the improvement of other aspects of non-conformity on the lot, such as a redesign of the existing deck and staircase to allow for at least partial placement of the non-conforming parking that is currently located entirely within the Town of Vail right-of-way instead of within the twenty foot parking easement designated at the front of the Lot, This may involve reducing the existing deck farm its current depth of eighteen feet (18'} to approximately three feet (3') in depth and locating the existing staircases to the east and west of the remodeled deck instead of at the south of the lot., where the stairs currently exist directly within the parking easement. Concurrently, Staff recommends that the applicant provides increased landscaping in front of the proposed addition for additional screening of the residence, which currently exhibits significant street visibility. Additionally, because the party wall and the property line of the duplex are not aligned, Staff recommends that this issue be brought into conformance through an updated plat, alsa as a condition of approval. Therefore, because the applicant's proposal involves no encroachment into 5 the front setback or the parking easement (therefore the placement of the proposed addition will not affect the amount of open space behveen Unit 20 and surrounding units) and does not involve a variance reques# from site coverage or landscaping requirements, Staff fieels that this request may concurrently improve conditions upon this lot if paired with appropriate conditions of approval. 2. The degree to which relief from the strict and literal interpreta#tan and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Strict and literal interpretation of the setback regulations within the Bigham Terrace Subdivision has not been historically enforced by the Planning and Environmental Commission due to the widespread non-conformities that exist within the subdivision as a result of the timing between construction, annexation, and zoning designation. Until this point, the PEC has clearly supported similar treatment of the duplexes in this area, which has involved frequent approval of variance requests similarto the proposal currently under review. Staff recommends that the PEC discuss future treatment of setback variances for lots within this Subdivision in order to continue to allow for equal treatment while not providing an unnecessaryamount of relief from the regulations. 3. The effect of the requested variance on tight and air, distribution of popula#ion, transportation and traffic facilities, public facilities and utilities, and public safety. The proposal will have some effect on the amount of light and air within the Subdivision, though the location of the requested addition concerns the periphery of the development, which faces Columbine Drive, where the amount of available light and air is greater than the amount of light and air within the Subdivision. As a result, the effect on light and air would be less intrusive than if the addition was proposed at the east or west sides of the duplex yr at the inner areas of the Bighorn Terrace development. The proposal will increase the amount of bulk and mass upon the site, though will not increase the "depth"of encroachment into either of the side setbacks. Staff s suggestion far increased landscaping at the front of the lot may help to provide more flexibility for the Town, should the parking easement ever need to be permanentlyaccessed for parking, the use forwhich itwas clearly intended. The effect of the proposal vn the distribution of population,. transportation and traffic facilities, public facilities and utilities and public safety, will nat be substantial. 4. Such other factors and cri#erta as the commission deems applicable to the proposed variance. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 6 7 . That the granting of the variance will not constitute a grant 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, 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 or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. lX. STAFF R>ECQMMENDATIOhI The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-'t 7, Variances, to allow far the construction of gross residential Haar area within the side setbacks located at 4247 Columbine Drive, Unit 2Ql Qighorn Terrace Subdivision based upon the review of the criteria in Section VI11 of this memorandum and the evidence and testimony presented as well as the findings listed below. Staff recommends that, should the Planning and Environmental Commission choose to approve the application, the following findings be made a part of the motion: That the granting of the variances 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 variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, 3. That the strict interpretation or enforcement of the specified regulation wilt result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the honing Regulations. 4. That the strict. interpretation or enforcement of the specified regulation will 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. Prior to design review of the associated application, the applicant shall provide plans designating the reduction of the deck size and the relocation of the stairs to provide a fully accessible parking easement. 2. Prior to the receipt of a Temporary Certifcate of Occupancy by the Community Development Department, the applicant shall plant landscaping to the equivalent of three (3) six to eight foot tall coniferous trees to the south of the proposed addition in order to visibly reduce the perceived bulk and mass of the addition. 3. Prior to issuance of a building permit, the applicant shall obtain from the Public Works Department a revocable right-of-way permit for the parking that will remain within the Town's right-of--way. 4. Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall receive approval of a revised plat for tots 19 and 2n, which delineates a property line congruent with the existing party wall. 5. This approval of this variance request shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. IX. ATTAC H M E MTS A. Vicinity Map B. Reduced PCans C. Photos D. 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C ! t r * ~+ .`~ i. *~ r 7 ~ ~, ' ' 1 ~ ~. ~,• ~ 1 :f ~ ~ ` ~ ~ . ~ ~ ~' , ~` y i ~ k ~t ~ .~ y ~ ~ i ~1 ~ ~ ; : I ~kl ~ ~ ~ 11 y ~, yL 1 t '~ ~' ti . ~ ~~P a ~, ~. y f r ~ ~. E :` ~~F :6 ~ ~--- ti ,a<, t ~ ~~" + ~1 . Attachment: D Application far Variance Submittal Request I. Submittal Requirements F`ce: ~'S00 Cheeks enclosed Stamped addressed envelopes and a list of the property oweners adjacent to the subject property; Envelopes and list enclosed. Title Deports: Enclosed Written approval from condominium association and joint owners. Enclosed A written des°cription of the nature of the variance requested and the specific regulations involved.' The nature of the variance requested regards the setback rules of fifteen feet from the side of our duplex and twenty feet from the front of our duplex to the end of our property line. By adding covered entryways across the front of the duplex we may infringe on the setback rules. Therefore we are requesting the variance far the project. If we stay within the strict or literal interpretation of the setback rules we will not be able to utilize tlrews~~~.~ GRFA rn:les which allow-us to add the covered entryway. During the winter, snow melts off the existing balcony and becomes an ice hazard on our front porch, therefore we believe the project will add safety,. and at the same time add beauty with the wonderful design done by the architect, better windows and doers and an updated • appearance. A written statement addressing the following.• a, The relationship of the requested variance to alher existing or potential uses and structures in the vicinity. The area is residential and we are experiencing a growth in the size and qualities of the homes that are being built in our area. We enjoy our duplex "community" but wish to upgrade the look of the property in keeping with the improving neighborhood. b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant or special privilege. Many of the houses in Bighorn Terrace axe non-conforming - , ~~~~..~s.--~:,.y~a~,~,;.~a,.~.1 .'.:f~ . ~~~la~l^~6A~~an~4~~s»b.~=~'~zW~,~,~as~ FVai~~=v~~:.5 ~u~~•,:,~c-Ta~aa~=Vaii~~Building rules and codes have changed. The homes are small and densely placed in our area and therefore require special privileges in order to keep the area vibrant and beautiful. ~,a .~i..~~~.~~~rproreet°is°nat`anly-to add covercd~ c:~~~r;Y`i~ ~.`+'~ b~:totew~e~rha~_the:e.~teriQ~•.laal~. a~.tl~~ property. in . keeping with the changing neighborhood. Because East Vail is a residential area, we are interested in updating our duplex to blend nicely with the new houses that have been built vn our street, Our design includes stone, stucco and wrought iron which are being used by the surrounding new houses. Also, our project would increase the safety of entering our houses because- without a rovf~-~ ~~ve~~th~,«l.~i,eew:builds~u~n~au~ fxan~r~:r..~l~and;,l~e.~,,~ a hazard. c. T°he effect of the variance on light and air, di.strifiution of population, transportation, tragic facilities, utilities and public safety. The variance would not affect light and air for any neighboring homes. if anything, we are adding mare light to our own interiors with our windows and the entry way lighting which will be safer. Because it is a residential area and our duplex is in the middle of the block, our improvements will have no effect an transportation, traffic facilities, utilities and public safety. • d. Haw the request complies with adopted Town of Vail ,planning policies and development objectives. The request complies with adopted T(?V planning policies and development objects because we are utilizing the new GRFA rules to enlarge our duplex, adding the safety of enclosed entryways and updating the look of our duplex with new windows, rack fascia, and stucco. We believe the material on our house now is very dated and this project will improve the looks greatly which we believe is the objective of the Town of Vail. • Attachment: E TOR'NOF YA¢ TH15 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 sec#ion 12-3-6, VaiP Town Cade, on December 12, 2005, at 2:OQ prrt in the Tawn of Vai( Municipal Building, in consideration of: A request far a final review of a variance, from Section 12-6G-6, Vai! Town Code, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a residential addition within the side setback, located at 4247 Columbine Drive, Unit 19iBighorn Terrace Subdivision and setting Earth details in regard thereto. Applicant: Catherine Petros Planner: Elisabeth Eckel A request for a final review of a variance, from Section 12-fiG-6, Vail Town Cade, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow far a residential addition within the side setback, located at 4247 Columbine Drive, Unit 20IBighorn Terrace Subdivision, and setting forth details in regard thereto. Applicant: Thomas and Virginia Fowler Planner. Elisabeth Eckel A request for a fnal review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Tawn Code, to allow far a business offce on the third floor, located at 333 Hanson Ranch RaadlLot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Pylman & Associates, Inc. Planner: Bill Gibson A request for a final review ofi a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow far a public utifty and public service use, located at 2077 North Frontage Road {Branders Building}lLot 39, Buffeter Creek Subdivision, and setting forth details in regard thereto. Applicant: Cingular Wireless RCS, represented by General Dynamics-Network Systems Planner; Bill Gibson A request for a final review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lots 2 and 3, Bighorn Subdivision, located at 5087 and 5097 Main Gare Drive, and setting forth details in regard thereto. Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett (~ ~~ ~b ~ Il~~ ~'~ Please note: ~Jo meme~ included far Items 5 and 6. MEMORANDUM TC~: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2(305 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 13- 4, Minor Subdivision, Vail Tawn Cade, to allow for a re-subdivision of Lots 2 and 3, Bighorn Subdivision, Fifth Addition, located at 5087 and 5097 Main Gore Drive, and setting forth de#ails in regard thereto. {PEC OS-0087}. Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett ....... . I. SUMMARY The applicants, Fred and Janet Streich, represented by James Salmons, are requesting approval of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to re-subdivide Lots 2 and 3, Block 1, Bighorn Subdivision, Fifth Additian, into three new lots {Attachment B}. The minor subdivision, if approved, will result in Lots 2 and 3 becoming three reconfigured lots as shown on the attached proposed plat, with three single family homes contemplated for each in a Design Review Board {DRB} Application far a conceptual review {Attachment C). Staff is recommending denial of this application subject to the criteria and findings outlined in Section IX of this memorandum. II. DESCRIPTI©N OF REQUEST The applicants, Fred and Janet Streich, represented by James Salmons, own Lots 2 & 3 and have a single-family home constructed on Lot 3, Block 1, Bighorn Subdivision, Fifth Addition. A vicinity map is attached depicting the two existing lots (Attachment A}. The applicant has proposed to re-subdivide Lots 2 and 3 into three separate single-family lots with one shared access as depicted on the attached conceptual DRB proposal {Attachment C}. The proposed plat entitled Final Plat., Bighorn Subdivision. Fifth Additian. A Resubdivision of Lots 2 &~ 3, Block 1 identifies these three new lots a5 Lots A, B, and C. A copy of the proposed plat is attached for reference {Attachment B). As detailed in Section VII of this memorandum, two of the three lots proposed in this application are significantly smaller than the average lot size in Blocks 1, 2, and 3, Bighorn Subdivision, Fifth Addition. The proposed Lots A and C are 12,927 sq ft and 14,492 sq ft, respectively, while the average lot size in the subject area is approximately 22,045 sq ft. Lat B is proposed to be 21,305 sq ft; however, much of its newly configured area is to be used for access (Attachment C}. Staff believes the proposed re-subdivision would result in lot sizes and configurations substantially out of character with the existing neighborhood, which has preserved its original layout since 1966. Likewise, the resultant structures would also be out of character with the neighborhood as Gross a~ Residential Floor Area (GRFA) is based on lot size. I11. BACKGROUND In November of 1366, the original plat of the Bighorn Subdivision, Fifth Addition, was approved, thereby establishing Lots 2 and 3, Bighorn Subdivision, Fifth Addition, Block 1. According to town records, no lots in Blocks 1, 2, and 3 of the Bighorn Subdivision, Fifth Addition, have Keen re-subdivided since the original plat was approved in 136fi. On January 30, 1975, C.J. Hedlund, President of the Colorado Bighorn Corporation, wrote a letter to the Planning Commission of the Town of Vail, stating his opposition to any change to the original plat for Blooks 1, 2, and 3 of the Bighorn Subdivision, Fifth addition, because the plat reflects the purpose and inten# of preexisting covenants agreed to by the owners. IV, ROLES OF REVIEWING BOARDS Order of Review: Generally, minor subdivision applications will be reviewed by the Planning and Environmental Commission, and then any appeals would be heard by the Town Council. ' Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision in accordance with Section 13-3-4, Commission Review of Application; Vail Town Code. Design Review Board: Action: The Design Review Board has no review authority on a minor subdivision, but must review any accompanying Design Review Board application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, ar interpretation by the Planning and Environmental Commission andlor Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Cade. Staff also provides the Planning and Environmental Commission a memorandum containing a descriptron and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Code: • VI. VIL Title 13. Subdivision Regulations {partial) 13-2-2 Definitions Minor Subdivision: Any subdivision containing trot more than four (4) lots fronting an an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. 13-4 Minor Subdivisions 13-4-1,` ,EXEMPTIONS 1N PROCF'DURE AND SUBMITTALS: "Minor subdivisions ; as defined in Section 73-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an environmental impact report if required by Title 92, Chapter 12 of this Code. (Ord. 2(1983) § 7) SUROUNDING LAND l?SES AND ZQNING Land Use North: Open Space East: Residential Vilest: Residential South: Residential SITE ANALYSIS Zoning Natural Area Preservation {NAP) Single-Family Residential {SFR) Residential Cluster {RC) and Natural Area Preservation {NA'P) Single-Family Residential {SFR) Lots 2 8 3, Block 1, Bighorn Subdivision, Fifth Addition Zoning: Single-Family Residential {SFR) Land Use Plan Designation: Low Density Residential Current Land Use; Single-Family Residence De~elooment Standard Allowed Pra~ased Lot Area*: 12;5Q0 sq ft Lot A = 12,927 sq ft/0.29 acres Lot B = 21,305 sq ft10.48 acres Lot C = 14,492 sq ft10.33 acres "Based upon "Buildable Area" as defined in 17-2-2 Minimum Dimension: 80'X80' min. Exceeds 80'X80' on all 3 lots Buildable Area: 12,50Q sq ft Lot A = 12,927 sq ft10.29 acres Lot B = 21,305 sq ft10.48 acres Lot C = 14,492 sq ft/0.33 acres Frontage: 30' min. Lot A = 82.4' Lot B = 30' Lot G = 30' VIII. GRFA: Access: CRITERIA AND FINt?INGS Minor Subdivision Lot 2 = 5,947 sq ft Lot 3 = 5„787 sq ft Lot A = 4,380 sq ft Lot B = 5,470 sq ft Lot C = 4,584 sq ft maximum of 2 1 access point from Main Gore Drive is currently proposed in the application. for DRB conceptual review. A basic premise of subdivision regulations is that the minimum standards far the creation of new lots must be met. The proposed subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Enviironmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Single-Family Residential zone district is 12,5Q0 square feet of buildable area. The proposed lot sizes far the three proposed lots meet this minimum requirement Buildable Area: The minimum buildable area for the Single-Family Residential zone district is ~ 2,500 square feet. The three proposed lots meet this requirement, Frontage: The Single-Family Residential zone district identifies a minimum frontage requirement of 3fl feet. The three proposed lots meet this requirement. Dimension: The Single-Family Residential zone district requires lots to be able to enclose a square with a minimum dimension of Sfl feet by 8fl feet. The three proposed lots meet this requirement: 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning ordinance and other pertinent regulations that the Planning and Environmental Commission deems applieable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating fo subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmenfal integrity and compatibility with the surrounding land uses and other applicable documents, effecfs an the aesthetics of the Town." ~~ J The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision. is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) read as follows: ~ . To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required. " Staff Response; The applicants were informed of the standards and criteria by which the proposed plat would be reviewed and evaluated, Cane purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant, and the community can follow in the public review process. The subject request does involve the creation of a new subdivision and the applicants were informed that while the application meets the minimum requirements of the zoning and subdivision regulations, thereby allowing the application to be submitted, a positive recommendation from staff or an approval from the PEC could not be guaranteed without a thorough analysis and review process, 2, To provide for the subdivision of property in the fufure without conflict with development on adjacent land." Staff Response; The proposed minor subdivision would create lot sizes and configurations which could create future conflicts with development on adjacent land. Future redevelopment on adjacent Eand will be in conflict with the product of this proposal because the intensity of use and the higher density will be out of character with the remainder of the subdivision. Since no other lot in Blocks 1, 2, and 3 of the Bighorn Subdivision, Fifth Addition, has ever been re-subdivided into smaller lots, the approval of this request might establish a precedent upon which other developers could base a rationale for re-subdividing other lots in this immediate area, thereby increasing the overall density, Also, Lot 4, directly to the east of Lots 2 and 3, remains vacant and the character of its future development will be in conflict with what is proposed far Lots 2 and 3. Today, Lots 2 and 3 are allowed a total of '11,734 sq ft of Gross Residential Floor Area (GRFA), and one dwelling unit per lot. Under the proposed subdivision, the total amount. of allowable GRFA for the three new lots would be 14,434 sq ft and the number of dwelling units would increase to three, one far each proposed lot. Should this application be approved and the trend it sets allowed to continue, the density of Blocks 1, 2, and 3 of the Bighorn Subdivision, Fifth Addition, would increase dramatically in terms of both dwelling units per acre and GRFA. Given the platted layout of the subject area, which has remained intact for nearly 40 years, the purpose and intent of the original plat is to preserve the existing lot sizes and configurations while ensuring adequate spacing between single-family homes. 3. To profect and conserve the value of land fhrougrhouf the Municipality and the value of buildr'rrgs and improvements on the farad. i Staff Response: The proposed minor subdivision could have a negative impact on the value of land in this unique, historic neighborhood of East Vail. As lot sizes become smaller and the density of structures increases, the quality of life and character of the neighborhood will change in a negative manner. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent wifh Town development objectives. Staff Response: Staff believes the proposed minor amendment may preclude a harmonious, convenient and workable relationship among land uses consistent with municipal development objectives. As stated numerous times in the various sections of this memorandum, the layout and configuration of platted lots in the subjec# neighborhood have not changed in approximately 4fl years. In recommending approwai of this plat, staff would be remiss in its duty to scrutinize the subject proposal against the context of the existing, adjacent homes and lots, as well as the elemental characteristics of the neighborhood which the adjacent owners have sought, and continue to seek, to preserve. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, wafer, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision, Staff Response: There is no indication that this individual application would have a negative impact upon this criterion, however, an incremental increase in density aver time resulting from the approval of this application certainly could result in an insufficient capacity to serve the lots in Blocks 1, 2, and 3 of the Bighorn Subdivision, Fifth Addition. C, To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable consfructr'on design standards and procedures.. Staff Response: The proposed minor subdivision would provide for accurate legal descriptions for the three newly configured properties. 7. To prevent the popution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve fhe integrity, stability, and beauty of the community and the value of fhe land. Staff Response: There is presently no indication that the proposed minor subdivision would have a negative impact upon this criterion. Findings: The following findings are used far a Minor Subdivision: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and ether pertinent regulations that the Planning and Environmental Commission deems applicable. 2, That the application is appropriate in regard to Tawn policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding fend uses and other applicable documents, and effects on the aesthetics of the Town. IX. STAFF RECOMf1AEN13AT10N The Community Qevelopment 17epartment recommends that the Planning and Environmental Commission denies the Final Plat, Biaharn Subdivision. Fifth Addition, A Resubdivisip~ o#' Lots 2 &3, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to create three single_family leis out of Lots 2 ~ 3, Block 1, Bighorn Subdivision, Fifth Addition. Should the Planning and Environmental Commission choose to deny the minor subdivision request, staff recommends the following findings be made as a part of the motion: 1. That the application is not in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is inappropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances, resolutions, environmental integrity and compatibility with the surrounding land uses, any other applicable documents, and the effects on the aesthetics of the Town. X. ATTACHMENTS A. Vicinity Map B. Reduced Copy of the Proposed Plat C. Reduced Conceptual Site Plan • 0 T T .~ ~.iL~3~e e~ ~~ %E~ B4~o-E~~ ~ ~ ~~P ~~~` ~~ ~~fiT ~ ~ ~~ ~~~~ ~~~~~'~:~ 9~~~ ~~ ~ Y~~ ~~fi t~~t~~~~~r ~ t~ ~ d r e. ~ ~ {~ ~%ii~4 ~ ~~ ~`[ ~F~E,~~~ ~ E~€ ~ tea. ~ ~ ^° ;F I~ ~~~ use ~a~,~~g'~# ~" ^~~ a ~ ~ ~~ $ ~ ~ ~~ I ~ J 1 ~ (~} 1 fl d m d i °~;~ Q a Z~~ ~N~ a~o° ~_ al L,a ~~~L7 C1 W ~~~ ~4~ o O O ~ ~ ~~ ~ d ~~ m Q f~ ~Fa ~~~ i~a ~i ~~~ e ~~1 :_ ~ a. ~s I~ A#tachment: B ~ ~ ~ ~ ~~ ~ ~ ~'# ° ~~ f ~~'t 3 y ~sa6 a ~ ~ ~g f & ~ (k~ ~^1 ~~ 8 ~ , ~~ ~~ fk s ~~ si ~~a~ kr < u ~ 'a~o~ ~ • F i L' _ ~ 68 C t a~ ~~ v Y ~ $~~` p s. ~~~t~a ik ~.;~~~ f ~~s~&~3 ~a~~~i£~ ~'~~~~g~~~ k ~ €~~~}~~a ~ ~~ ~Eu~k~3~~ iS ~~~~~6 ~;s~~~~ ~ ~~~~~ a ~~~ ~~ ~S~ ~~~ ~~ ~~~ ~a.~ ~~~ ~ ~~~ ~ ~~a~~ ` ~~: d 9 ~ ~~ z ~~ ~ a ~ ~ ~e 3 , '~ g~~ 9' ~ ~ ~ . `~ ~ ~~~~~~~ m ~~~~~~ ~~~~~~~~ ~~~~~$a~ n Fi• ~ tY .~ ~~s~ ~t =~i~ f~~~f ta~~ti aB~g:k _ ~xaa ~~~_~~ ~~~pxx §~ ,~~ ~'~ ~ i ~' ~! .,, ~ _ ,~-- ._ ..- ., ~.~. ~ , ~~ i~ ~ i '~`;~,.. ~f ~, .. • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2005 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment, pursuant to Section 12-3-7, Vail Town Code; to amend Title 12 of the Zoning Regulations, as necessary, to allow accommodation units to include "kitchen facilities", and setting forth details in regard' thereto, (PEGQ5-Qp7g) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The applicant appeared before the Town of Vail Planning & Environmental Commission on November 14 and 28, 2005, to discuss the aforementioned text amendment. As a result of the two previous worksession meetings, the Commission directed staff to prepare a text amendment to the Zoning Regulations creating a new zone district which would allow for the development of a "lodge" containing "accommodation units with kitchen facilities". The purpose of this public hearing is to present the proposed text amendment creating the new zone district for the Commission's consideration and feedback. Should the Commission wish to pursue the new zone district further, the next step in the review process shall be to provide adequate public notice of the text amendment, in accordance with Section 12-3-7, Amendment, Vail Town Cade, and return to the Planning & Environmental Commission for final review and recommendation. II. DESCRIPTION OF THE REQUEST On November 28, 2005, the Town of Vail Planning & Environmental Commission directed staff to prepare a text amendment to the Zoning Regulations of the Town of Vail creating a new zone district which would allow for the development of a "lodge" that contains "accommodation units with kitchen facilities". In response to the Commission's request, the applicant and the staff have prepared a series of text amendments to the Zoning Regulations which would achieve the goal of the Commission. • f The proposed amendments are as fellows: CHAPTER 7 Commercial and Btasirtess Districts Article J. PUBLIC ACCOIUIMO@ATION - 2 (PA-2} @ISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites far lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate bight, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards.. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. 12-7J-2: PERMITTE© USES: The following uses shall be permitted in the PA district.: lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%} of the total gross residential floor area of the main structure or structures on the site; additional accessary dining areas may be located an an outdoor deck, porch, or terrace. Limited service lodge. 12-i'J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chanter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. • Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (15%} and fifteen percent 415%} of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. f L Public. transportation terminals. Public utility and public service uses. Theaters and convention facilities. Type 111 employee housing units as provided in chanter 13 of this title, 12-7J-4: ACCESSORY USES: The following accessary uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms, Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the opera#ion thereof. 12-7J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten 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 (80') on each side within its boundaries. 12-7J-~: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shat! be twenty feet (20'), and the minimum rear setback shall be twenty feet (20"). At the discretion of the planning and environmental commission andlor the design review board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12~7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A.Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Pro~posed building setbacks will provide adequate availability of light, air and open space. C.Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D.Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 3 12-7J-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'}. 12-7J-8: DENSITY CONTROL: Up to one hundred fifty (1b0} square feet of gross residential floor area (GRFA} may be permitted for each one hundred (1 Od) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmen#al commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed twenty five (25} dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre}. A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coverage shelf not exceed sixty five percent (65%} of the tote{ site area. Final determination of allowable site coverage shall be made by the planning and environmental commission andlor the design review board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission andlor the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan.. 12-7J-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (3Q°/a} 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 (30a} square feet. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chanter 1 Q of this title. At feast seventy five percent (75%} of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission andlor the design review board. 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: 4 A.Review Required: The construction of a new building or the alteration of an existing building shall be retiewed by the design review board in accordance with chanter 11 of this title. However, any project which adds additional dweliling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than one thousand (1,Oa0} square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator} shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-fi of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building ar the building owner's authorized agent or representative on a form provided by the administrator. Any application far condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived andlor modified by the administrator andlor the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that Comprise the Vail comprehensive plan. The administrator andlor the reviewing body may require the submission of additional plans,. drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work SessionslConceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental Commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three ~3} years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the propose! have not changed, 12-7J-13: COMPLI~INCE BURDEN: 5 It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7J-14: MITIGATION OF DEVELOPMENT IMPACTS: Property ownersldevelopers shall also be responsible for mitigating direct impacts of their development. on public infrastnacture and. in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in rev%ew of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tractfbank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is #o only require mitigation for large scale redevelopmentldevelopment projects which produce substantial off site impacts. 12-7,~-15: ADD1TlON OF GROSS RESIDENTIAIw FLOOR AREA T() EXISTING PA PROPERTIES: For any gross residential floor area added to a public accommodation zoned property following the effective date hereof, a minimum afi seventy percent {70°I°) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation steal[ not apply to gross residential floor area being added in accordance with sections 12-1b-4 and 12-1 b-~ of this title. The following new definitions are proposed: SECTION 12-2-2, DEFINITIONS: Lodge Unit, Limited Service: Any room or group of rooms with kitchen facilities in a limited service lodge which are designed for temporary occupancy by visi#ors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code Lodge, Limited Service: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of visitors, guests, individuals, or families, on a short term rental basis, either in accommodation units, limited service lodge units, fractional fee club units, or dwelling units in which the gross residential floor area devoted to accommodation units, limited service lodge units, and fractional fee club units is equal to or less than seventy percent (70%) of the total gross residential 6 floor area an the site, and in which all such units are operated under a single management providing the occupants thereof customary lodge services and facilities. III. BpCKGRCIUNQ A review of the Town's files and records clearly identifies the intent of the existing regulations regarding accommodation units and the prohibition against allowing accommodation units to contain "kitchen facilities". The files show that the legislative intent behind the current regulation is to: 1) discourage long-term occupancy of what are intended to be short-term rental units; 2) prevent the likelihood of the sale of accommodation units as dwelling units; 3) encourage visitors and guests to frequent the many eating and drinking establishments in the town during their stay in Vail; and 4) ensure compatibility amongst surrounding land uses. A further review of the Town's files shows that the existing language pertaining to definitions of accommodation units, dwelling units, kitchen facilities and kitchenettes has remained unchanged since their adoption in 1 J73. The only recent and Hatable amendment to the regulation of accommodation units came in the late '1990's when the development standards for density were amended and accommodation units were no longer counted towards density. Finally, a review of the other resort carnmunities' regulations pertaining to kitchen facilities within hotel rooms reveals a wide range of approaches. For example, the City of Aspen Land Development Regulations, by definition, permits kitchens within individual hotel rooms in a hotel or lodge while the Town ofi Breckenridge Land Development Code states that "no kitchens of any kind are perrraitted within the units" of hotel, lodges ar inns. Un November 14 and 28, 2©©5, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which would result in the creation of a new zone district purpasefiucly intended to allow accommodation units to include kitchen facilities in cerkain areas of Tawn. ~n December 6, 2D05, during the PECIDRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evacuate other options. For example, the possibility of creating a conditional use with use specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent ofi the current land use policy prohibiting kitchen facilities in accommodation units. • 7 IV. V. ROLES OF RIEVIEWING BODIES. Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commissian and the Commission will forward a recommendation to the Town Council. The Town Cauncil will then review the text amendment application. Planning and Environmental Commission: The planning and Environmental Commission is responsible far the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Tawn Council is responsible for final approval, approval with modifications, or denial of a ;#ext amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Gouncil has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Tawn Gounoil may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff; The Town ,Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code, Staff also provides the planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the cri#eria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, ar denial. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section '12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, 2. The extent to which the text amendment would better implement and better achieve 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, 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and haw the existing regulation is no longer appropriate or is inapplicable; and, 4. The extent #o which the text amendment provides a harmonious, 8 convenient, workable relationship among land use regulations consistent with municipal development objectives; and, 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VI. STAFF RECOIVIMENDATION The Community Development Department recommends that the Planning & Environmental Commission evaluates the merits of this policy change request and, if appropriate, directs staff to continue in the preparation of the text amendment creating a new zone district. Given the complexity of this issue, Staff further recommends that the Planning & Environmental Commission encourages the Town Council to schedule a worl<sessian meeting with the Staff and applicant to discuss the merits of this text amendment, or any others, in an attempt to provide policy direction on the ma#ter to the Commission. A possible worksession meeting with the Tawn Council could be held on December 20, 205. • 9 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,• November 28, 2005 ~?IIIFlQF~~'' PROJECT ORIENTATION -Community Development pept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesba George Lamb David Viele MEMBERS ABSENT Chas Bernhardt Site Visits: 1. Roley / Skaggs Residence Driver: Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Cade, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a deck within the fron# setback, located at 1835 !Nest Gore Creek DrivelLot 20, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant Kevin Roley and Kate Skaggs Planner: Elisabeth Eckel ACTION: Denied MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 1=lisabeth Eckel gave a presentation per the staff memorandum. Kevin Roley, the applican#, added that the request was being made to provide additiflnal egress options in the event of another fire. Another aspect he was considering through the request was the near impossibility of cantilevering the existing deck, should it be replaced with the same dimensions it contained before the fire. Additionally, the applicant wanted to avoid excessive construction within the garage and the ceiling support systems. He concluded by stating that the maim goal was to praWide a covered parking area for the EHU tenant. The Commissioners felt there was no proof of a substantial hardship and stated that the approval of this variance would be a grant of special privilege. 2. A request for a Tina! review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, (Rim Carlton Residences) and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Gonditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street 'Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria far Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi-family residential dwelling Page 1 units, located at 728 West Lionshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto, Applicant: Vail Corp., represented toy Braun Associates, Inc. Planner: Warren Carnplaell Maior Exterior Alteration ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: B-0-0 For Design Review 1} That the Developer submits a complete application to the Town of Vail Community Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Ritz-Carlton Residences improvements. 2} That the Developer prepares aRitz-Carlton Residences Site Art in Public Places Pfau. for input and comment by the Town of Vail Art in Public Places Board, prior to the issuance of a building permit for the Ritz-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the Ritz-Carlton Residences site.. The implementation of the Plan will be reasonably incorporated by Vai[ Associates into the Rita-Carlton Residences construction schedule in accordance with generally prevailing construction practices. Prior to Submitting for Building Permits 3} That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department, prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. 4} That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Ritz-Carlton Residences improvements. Prior to Reauestina a Tem~nr~rv {:Prtificate of Occuoancv 5} That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13} 10 employees, and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, Prior to the issuance of a temporary certificate of occupancy for the Ritz-Carl#on Residences improvements Page 2 The Developer may provide required employee housing on an interim basis, not to exceed four (4) years (November 28, 2008) except that ultimately the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences employee housing requirements. 6) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (56 trips), ar $280,000, as a result of the Ritz-Carlton Residences improvements. The fee shall be paid in full by the Developer prior to the issuance of a building permit far the Ritz-Carlton Residences improvemen#s. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. If the improvements as shown on the plans entitled °`The Ritz-Carlton Residences {based on CDOT requirements)", dated October 21, 20Q5, and as approved on November 28, 2005, by the PEC are constructed and completed by the Developer, said fee shall be waived in full by the Town. Conditional Use Permit ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Resolution 18. Series of 2004 Architectural Deviations ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Vllarren Campbell gave a presentation per the staff memorandum. Jay Peterson, representing the applicant, began by expressing his thanks to the Vail Spa ownership and legal council for working with them to resolve their concerns. He stated that the Vail Spa would be granted anon-exclusive pedestrian easement in perpetuity across the Ritz property. Furthermore, he added that no noise would be generated within or by the tower use per the request of Vail Spa. There was no public comment. The Commission expressed that they were very pleased with how the project worked regarding this project. The outcome of the process and a4l parties working together and compromising resulting in a structure which would be a compliment to the community and Lionshead. 3. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vaii Town Code, to add "accommodation units with kitchen facilities as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruttier ACTION: Tabled to December 12, 2005 MOTION: Viele SECOND: Lamb VOTE: 6-0-0 George Ruttier presented the project according to the staff memorandum. Dominic Mauriello further described the project and the approaches that staff recommended as part of its memorandum. He added that the applicant would prefer for this use to remain a conditional use, with the Planning Commission simply amending or adding conditions to suit its Page 3 needs. He continued to say that the Marriott stated that these kitchens were only used 15% of the time. Na public comment was added. Bill Jewitt expressed his concerns that a conditional use such as the one proposed would be allowed within the PA district. He preferred Option #1. He stated that he was mast comfortable with the creation of a new zone district, though if the conditions were specific enough this use would not be found in any other PA district which might be a desirable result as well. Rollie Kjesbo stated that drafting a new zone district might be the most reasonable conclusion. George Lamb agreed with what had been said. He complimented the Town on its initiative in drafiting many solutions for review. As he stated in the last meeting, he was supportive of the concept but thought the proposal still needed much attention. David Viele commented that. a blanket conditional use provided much latitude for the creation of a "co-op" and the use of the rooms as apartmen#s. He understood the desire of the applicant to develop the use by right, but wondered what the applicant's primary Baal was. Doug Cahill mentioned that he would prefer to table the item until the kitchen vs. the kitchenette use was deciphered. Dominic Maurie[lo responded that there was no issue to the ca-op concern and the applicant would likely be amenable to fihe creation of a new zone district to provide far the construction of the kitchenette uses; thus the request for a permanent rather than conditional use. George Ruttier requested that the Commission be reminded of the initial opposition to the Fractional Fee Unit idea.. He commented that at least the concept was supported in this case. Enough direction had been provided to work with the applicant in the creation of a new zone district and the revision of the definitions of accommodation units, kitchen facilities, etc. Dominic Maurieilo asked that this project not be added to the West Vail Master Planning conversation. 4. A request for a final review of a minor amendment to Special Development District No. 3B, (Four Seasons Hotel), pursuant to Section 12-9A-1 QA, Vail Town Code, to allow for a new mixed-use hotel project, located at 13 Vail Road and 2$ South Frontage RoadlLats A and C, Vail Village Filing 2, and setting forth details in regard thereto. Applicant: Vail Development, LLC, represented by Thomas J. Brink Planner: Matt Gennett ACTION. No action required Rollie Kjesbo stated that he had worked in a minor capacity with Nine Vail Road. Matt Gennett introduced the project according to the memorandum. Tim Losa, the applicant's representative, described that the building had been moved one foot to the south to modify encroachments upon setbacks. Gwen Scalpello, Kline Vail Road Condominium Association, described her meetings wi#h Matt Gennett. She stated that she had a serious concern that the application was incomplete. The relocation of Spraddle Creek and its associated easement agreements should be documented Page 4 on the plans. She believed that the Town needed the time to correctly analyze the proposed changes to the proposed relocatian of the building. '~ Tam Kassmel commented that the complete details of the relocatian had been discussed in depth with regard to the timing of construction, neighboring property owners, etc. Doug Cahill Clarified with Tam that the movement of the building did not exactly affect the Town's public works improvements. Lisa Shapira, a homeowner at Nine Vail Road, concurred with Ms. Scalpella's comments regarding the encroachment of the building and its very proximate location to Nine Vail Raad, which deeply affects the character of the Nine Vail Road complex. Tim Lana added that by shifting the building to the south, an encroachment from another area of the development onto adjacent properties had been avoided. Jim Lamont, representing Vail Village Homeowners, commented that setback issues were very sensitive at the time of the original approval. He believes it would be wise of the applicant to communicate to the adjacent property owners with regard to the effects the shift in the building footprint. Doug Cahill commented that staff approvals could result from any shift of less than five feet to the building footprint and that the applicant could do some further PR work if he thought it to be necessary. Tim Losa guaranteed the Commissioners tha# the deviations had been. clearly outlined and stated that the applicant had spoken multiple times with the ownership component of Nine Vail Road. Gwen Scalpello said that she and TJ Brink spoke often, yet the proposed shift of the building footprint was never addressed. Multiple sets of drawings were being used that may or may not represent the truth. Jim Lamont asked whether the changes affected the west or south. Matt Gennett answered that a different impact resulted an each side of the building as a result of the shift. Jim Lamont further asked how neighbors. may be apprised of the changes. Same discussions accucred regarding the timing of an appeal and the validation of the staff approval which was supposed to take effect today at the PEC meeting. Tim Losa stated that the submitted documents had not changed. Because the building had moved due south, no impacts to the Scorpio resulted. Daug Cahill stated that the staff approval would remain as fang as no objection from other Commissioners was made. 5. A request far a final review of a conditional use permit, pursuant to Section 12-7A-3, Canditianal Uses, Vail Tawn Cade, to allow for the construction of 124 accommodation units with kitchen facilities, located at 1783 North Frontage RoadlLots 9-12, Buffehr Creek Resubdivision, and. setting forth details fi regard thereto Applicant: Tii'nberline Roost Lodge, LLC, represented by Mauriella Planning Group, LI_C Planner: George Rather ,A,CT14N: Tabled t4 December 12, 2045 MUTIUN: Dewitt SECOND: Kjesbo MUTE: G-0-0 Page 5 8. A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage RoadlLots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to Decernber 12, 2005 MOTION: Jewitt SECOND: Kjesbo VOTE: 6-0-Q 7. Approval of November 14, 2005 minutes IIAOTION: Viele SECOND: Jewitt VOTE; s-0=0 8. Information Update 9. Adjournment MOTION: Kjesbo SECOND: Jewitt VOTE: fi-0-0 The applications and information about the proposals are available far public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Raad. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department, Please call {970) 479-2138 for additional information. Sign language interpretation is available upon request with 24hour notification. Please call {970) 479-2358, Telephone for the Hearing Impaired, for information. 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