HomeMy WebLinkAbout2008-0114 PEC
PLANNING AND ENVIRONMENTAL COMMISSION
January 14, 2008
1:OOpm
~~0~~~ E TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
oM,~roEV~~PME. 75 S. Frontage Road - Vail, Colorado, 81657
Matt Mire, Town Attorney - Commission Training, Lunch will be provided 12:00pm
MEMBERS PRESENT MEMBERS ABSENT
Site Visits: 1:00pm
1. Rucksack and Scott Building- 288 Bridge Street
2. Snowcat Access-Tract K, Glen Lyon Subdivision
Driver: Scot
1. Swearing in of new Commission Member by Lorelei Donaldson, Town Clerk
2. Selection of Chairperson and Vice Chairperson
15 minutes
3. A request for final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for retaining walls in excess of
six (6) feet in height, and a request for final review of a conditional use permit pursuant to
Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K, Glen Lyon Subdivision
and Unplatted Parcels, a more complete metes and bounds description is available at the
Community Development Department and setting forth details in regard thereto. (PEC070080)
Applicant: Vail Resorts Development, represented by Mauriello Planning Group LLC
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
15 minutes
4. A request for a final review of variances from Section 12-7H-10, Setbacks, and Section 12-7H-
14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a stair
and an underground parking garage vehicle ramp within the setbacks, and deviations from the
maximum site coverage requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail
Lionshead Filing 3, and setting forth details in regard there to. (PEC070077)
Applicant: Landmark Condominium Association, represented by Fritzlen Pierce Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
5. A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls Court/Lot 5,
Block 2, Vail Village Filing 12, and setting forth details in regard thereto. (PEC070078)
Applicant: John Canon and Becky & Ken Vickers, represented by John Perkins, AIA
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
Page 1
30 minutes
6. A request for a final review of an exterior alteration, pursuant to Section 12-713-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack
Condominium Building and the Scott Building, located at 288 Bridge Street/part of Lot C and Lot
D, Block 5A, Vail Village Filing 1. (PEC070076)
Applicant: Jeffery B. Selby, represented by Jay Peterson
Planner: Scot Hunn
ACTION:
MOTION: SECOND: VOTE:
30 minutes
7. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards
and criteria related to mitigating employee housing requirements, and setting forth details in
regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
30 minutes
8. A request for a final recommendation to the Vail Town Council, to allow for Special Business
Promotion Permits, and setting forth details in regard thereto. (PEC070073)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
5 minutes
9. A request for a work session to review an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope,
located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and setting forth details in
regard thereto. (PEC070069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
ACTION: Table to January 28, 2008
MOTION: SECOND: VOTE:
5 minutes
10. A request for a work session on a proposed major amendment to a Special Development District
(SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
amendment to Special Development District No. 4, Cascade Village, to allow for the
development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone
site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto.
(PEC070055)
Applicant: L-O Westhaven, Inc., represented by Pylman & Associates, Inc.
Planner: Scot Hunn
ACTION: Table to January 28, 2008
MOTION: SECOND: VOTE:
Page 2
11. Approval of December 10, 2007 minutes
MOTION: SECOND: VOTE:
12. Information Update
13. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published January 11, 2008, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for final review of a variance from Chapter 14-6, Grading
Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for retaining walls in excess of six (6) feet in height,
and a request for final review of a conditional use permit pursuant to
Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K,
Glen Lyon Subdivision and Unplatted Parcels, a more complete metes
and bounds description is available at the Community Development
Department, to allow for a new snowcat access road and setting forth
details in regard thereto. (PEC07-0080)
Applicant: Vail Resorts Development, represented by Mauriello Planning
Group LLC
Planner: Bill Gibson
1. SUMMARY
The applicant, Vail Resort Development, is requesting a final review of a variance
from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for retaining walls in excess of six (6)
feet in height, and a request for final review of a conditional use permit pursuant
to Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K,
Glen Lyon Subdivision and Unplatted Parcel to facilitate the construction of a
new snowcat access road generally located south of the Eagle River Water and
Sanitation District (ERWSD) water treatment facility and the former Vail Amoco
sites (846 West Forest Road and 934 South Frontage Road) to the Cascade
Village trail (formerly Westin-Ho trail).
Based upon Staff's review of the criteria in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of both the variance and conditional
use permit requests, subject to the findings and conditions noted in Section IX of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is proposing to construct a snowcat access road generally located
south of the ERWSD facilities and former Vail Amoco/BP sites (846 West Forest
Road and 934 South Frontage Road). This proposal will facilitate the re-routing of
Vail Resorts' winter mountain maintenance traffic from West Forest Road to this
new access road. This access route will start from the western driveway of the
Vail Resorts maintenance facility, cross South Frontage Road and continue south
along the western ERWSD property line, bridge across Gore Creek, continue
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southwest across Town of Vail owned Tract K, and connect to the Cascade
(formerly Westin-Ho) trail. A portion of the access road and bridge intersection is
located on an unplatted Town of Vail owned parcel located directly east of Tract
K.
The proposed access road will be a 25-foot wide gravel road surface. Due to the
steepness of slopes on Tract K, the proposed access road will have finished
grades as steep as 19.32% and will require the construction of both cut and fill
retaining walls. The applicant is proposing to construct both the cut and fill
retaining walls with a Keystone Retaining Wall System. At their tallest points, the
redesigned cut walls will still be approximately 15.6 feet in height and the fill walls
will be 15.7 feet in height. These proposed retaining wall heights exceed the 6-
foot height maximum allowed by Chapter 14-6, Vail Town Code.
The applicant has designed the proposed snowcat access road to be integrated
into the future `Ever Vail' development project in West Lionshead. As part of this
future development project, the ski mountain maintenance facility will be
relocated to the south side of the South Frontage Road directly adjacent to the
snowcat access road bridge. A new gondola lift is planned to be constructed on
top of the new maintenance facility.
A vicinity map (Attachment A), the applicanYs statement of request (Attachment
B), and architectural plans (Attachment C) have been attached for reference.
III. BACKGROUND
On July 15, 2003, the Vail Town Council granted Vail Resorts permission to
proceed through the Town's development review process for the proposed
snowcat access route across Town of Vail owned property.
On December 8, 2003, the Planning and Environmental Commission approved a
Vail Resorts' application for the Forest Place Subdivision located at 615 West
Forest Road. A condition of this approval was that Vail Resorts discontinue the
use of West Forest Road for snowcat access between its maintenance facilities
located along South Frontage Road and the ski mountain.
On March 8, 2004, the Planning and Environmental Commission approved, with
conditions, a similar retaining wall height variance request for the proposed
snowcat access road.
On March 17, 2004, the Design Review Board directed Staff to administratively
approve the design review application associated with the proposed snowcat
access route.
On July 12, 2004, the Planning and Environmental Commission reviewed a
request for an amendment to Special Development District (SDD) #4, Cascade
Village, to create a new "development area" for Tract K(i.e. location of the
proposed snowcat access route). The purpose of this request was to address
ambiguities in the existing SDD #4 regulations to facilitate the construction of the
snowcat access route. The Planning and Environmental Commission forwarded
a recommendation of approval to the Town Council.
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On August 4, 2004, the Town Council approved the first reading of the ordinance
for the proposed amendments to SDD #4, with the condition that the applicant,
Vail Resorts, resolve any outstanding legal issues related to the private
Protective Covenants of Glen Lyon Subdivision prior to the second reading of the
ordinance.
On June 13, 2005, the Planning and Environmental Commission approved a
revised variance request for the proposed snowcat access route to address the
concerns of the neighboring Glen Lyon Subdivision property owners. Pursuant to
Section 12-17-7, Permit Approval and Effect, this approval was valid for a period
of two years and therefore has since expired.
After many months of negotiation, the applicant, the neighboring property
owners, and the Town of Vail amended the private Protective Covenants of Glen
Lyon Subdivision to facilitate the construction of this proposed snowcat access.
On May 15, 2007, the Vail Town Council adopted an ordinance amending
Special Development District #4 to allow the proposed snowcat access as a
conditional use on Tract K.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, variance 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 for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-17, Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance 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 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
Board.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to
the review of this proposal:
TITLE 12: ZONING REGULATIONS
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Article 12-813: Outdoor Recreation District
12-88-1: PURPOSE:
The outdoor recreation district is intended to preserve undeveloped or
open space lands from intensive development while permitting outdoor
recreational activities that provide opportunities for active and passive
recreation areas, facilities and uses.
12-88-3: COND/T/ONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of
this title:
Accessory buildings (permanent and temporary) and uses customarily
incidental and accessory to permitted or conditional outdoor recreational
uses, and necessary for the operation thereof, including restrooms,
drinking fountains, bleachers, concessions, storage buildings, and similar
uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses,
excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
Chapter 16: Conditional Uses
12-16-1: PURPOSE; L/MITAT/ONS:
In 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 special
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 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 cannot be devised to achieve these
objectives, applications for conditional use permits shall be denied.
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit
application, the planning and environmental commission shall consider
the following factors with respect to the proposed use:
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1. Relationship and impact of the use on development objectives of the
town.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation facilities,
and other public facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to
be located, including the scale and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
8. Necessary Findings: The planning and environmental commission
shall make the following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the
purposes of this title and the purposes of the zone district in which the site
is located.
2. That the proposed location of the use and the conditions under which it
would be operated or maintained 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 this title.
Chapter 12-17: Variances
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with
the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A
practical 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 conditions on the site or in the
immediate vicinity,- or from other physical limitations, 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.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the
planning and environmental commission shall consider the following
factors with respect to the requested variance:
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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.
8. Necessary Findings: The planning and environmental commission
shall make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone 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 or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
TITLE 14: DEVELOPMENT STANDARDS HANDBOOK
Chapter 14-6: Grading Standards
Section 14-6-7: Retaining Walls:
A. General: All retaining walls are reviewed by the design review board or
the administrator to determine compatibility to the existing topography
and the materials in use. Retaining walls shall not exceed an exposed
face height of six feet (6). Within a front setback, retaining walls shall
not exceed an exposed face height of three feet (3), unless related to
access to a structure constructed on excessive slopes (in excess of 30
percent). Retaining walls associated with a street located within a public
right of way or access to an underground covered parking structure are
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exempt from these height limits, but must be approved by the design
review board.
Retaining walls shall be located a minimum of two feet (2) from adjacent
private property boundaries and should be ten feet (10) from the edge of
a public street unless otherwise approved by the town engineer.
All retaining walls over four feet (4) in height, measured from the bottom
of a footing to the top of wall as per the adopted town of Vail building
code, shall be engineered and stamped by a licensed Colorado
professional engineer (PE stamp) except in the right of way, where
retaining walls over three feet (3) in height, measured in the same
manner, shall require a PE stamp.
All retaining walls requiring a PE stamp shall be required to have
submitted and approved, prior to building permit release, engineered
stamped plans, profiles, sections, details, and engineering analyses and
calculations for each wall type as required by the town engineer. At a
minimum, unless otherwise directed, the engineering submittal shall
include PE stamped plans, and PE stamped typical details with all
engineering design parameters and calculated factor of safety provided
on the details. Plans and details shall be cross referenced.
8. Boulder Retaining Walls: Boulder retaining walls shall comply with all
the standards of subsection A of this section. The height listed for
retaining walls is the exposed height of either a single or combined height
of combination walls. If the batter (slope of the face of the wall) is greater
than one to one (1:1), a PE stamp is required.
C. Combination Retaining Walls: A retaining wall should be considered a
combination wall if the upper wall falls within a prism defined as starting
one foot (1) behind the face of the lower wall at the lowest finished grade
line and then back at a 1.5:1 angle from this starting point. The minimum
bench of combination retaining walls shall be four feet (4'). All
combination retaining walls shall have a PE stamp.
SPECIAL DEVELOPMENT DISTRICT (SDD) #4, CASCADE VILLAGE
Development Plan - Required - Approval Procedure
Each development area with the exception of Development Areas A and
D shall be subject to a single development plan. Development Area A
shall be allowed to have two development plans for the Cascade Club site
as approved by the Town Council. The Waterford and Cornerstone sites
shall be allowed one development plan each. Development Area D shall
be allowed to develop per the approved phasing plans as approved by
the Town Council. A development plan for Development Area E shall
be established through the review and approval of a design review
application and/or conditional use permit application. The developer
shall have the right to proceed with the development plans or scenarios
as defined in the development statistics section of this ordinance.
Amendments
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Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
E. Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
LIONSHEAD REDEVELOPMENT MASTER PLAN
4.6.5 Forest Road
The primary goal for Forest Road is to maintain and enhance its residential
character by mitigating present or future uses that would detract from this
character. Specific recommendations are as follows:
4.6.5.1 Mountain Service Access Issues
Forest Road currently plays an important role in mountain service access,
both during the summer and winter. It was made clear during the public
input phase of the master plan process that the adjacent property owners
are deeply concerned about the winter activity of snowcats on Forest
Road and would like to see this operation removed. While mountain
access must be provided for, the removal of this winter traffic from
Forest Road should be a priority for the Town of Vail and Vail
Associates.
A potential solution is to bridge Gore Creek just west of the old
Town shops and construct a road that connects to the existing
"Cascade Ho" ski trail. Previous studies have shown that a connecting
road across the forested slope could have serious visual impacts because
of the extreme cross-slope gradient and resultant cut and fill
requirements. It is also likely that the Cascade Village property owners
would resist this alternative. If this approach is to be implemented, visual
mitigation of the new connecting road must be an important
consideration.
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VI. SITE ANALYSIS
Legal Description: Unplatted
Zoning: Outdoor Recreation District
Land Use Plan Designation: Open Space
Current Land Use: Undeveloped
Legal Description: Tract K, Glen Lyon Subdivision
Zoning: SDD #4, Cascade Village
Land Use Plan Designation: Open Space
Current Land Use: Undeveloped
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Gore Creek Natural Area Preservation District
ERWSD Facility General Use District
South: US Forest Service Eagle County
East: Residential Two-Family Primary/Secondary Residential District
West: Residential Two-Family Primary/Secondary Residential District
VIII. REVIEW CRITERIA
Conditional Use Permit: the review criteria for a variance request are
established by Chapter 12-16, Conditional Uses, Vail Town Code.
1. Relationship and impact of the use on development objectives of
the town.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in part) "While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a priority for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek just west of the old Town shops
and construct a road that connects to the existing `Cascade Ho' ski trail. "
Therefore, Staff believes this proposal is both consistent with, and
furthers, the development objectives of the Town.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities and public facilities needs.
The proposed access road has been design to avoid any conflicts with
the use of the Gore Creek stream tract, the existing bike path, the Eagle
River Water and Sanitation District facilities, and the existing ski mountain
trails. Therefore, Staff does not believe this proposal will have a
significant negative affect upon this criterion.
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3. Effect upon traffic, with particular reference to congestion,
automotive and pedestrian safety and convenience, traffic flow and
control, access, maneuverability, and removal of snow from the
streets and parking areas.
This proposal will remove the ski area's winter mountain service traffic
from West Forest Road consistent with the recommendations of the
Lionshead Redevelopment Master Plan. Staff believes this will improve
the congestion, both autotmotive and pedestrian safety, traffic flow,
access, and snow removal.
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.
This proposal will remove the ski area's winter mountain service traffic
from West Forest Road, which Staff believes will enhance the residential
character of the neighborhood as recommended the Lionshead
Redevelopment Master Plan.
Additionally, the applicant has designed the proposed snowcat access
road to be integrated into the future `Ever Vail' development project in
West Lionshead. As part of this future development project, the ski
mountain maintenance facility will be relocated to the south side of the
South Frontage Road directly adjacent to the snowcat access road
bridge. A new gondola lift is planned to be constructed on top of the new
maintenance facility.
5. Such other factors and criteria as the commission deems
applicable to the proposed use.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in part) "While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a priority for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek just west of the old Town shops
and construct a road that connects to the existing `Cascade Ho' ski trail. "
On March 8, 2004, and June 13, 2005, the Planning and Environmental
Commission approved similar retaining wall height variance requests to
facilitate construction of the proposed snowcat access road. Pursuant to
Section 12-17-7, Permit Approval and Effect, these approvals were only
valid for a period of two years and therefore have expired.
The applicant negotiated with the neighboring property owners for many
months to create an access road design solution that would be
acceptable to the neighbors. In cooperation and agreement with the
neighboring property owners, the applicant then amended the private
covenants on Tract K to allow for the construction of the proposed
snowcat access road. On May 15, 2007, the Vail Town Council adopted
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an ordinance amending Special Development District #4 to facilitate the
construction of the proposed snowcat access road.
6. The environmental impact report concerning the proposed use, if
an environmental impact report is required by Chapter 12 of this
title.
An environmental impact report concerning the proposed use is not
required by Chapter 12-12, Vail Town Code.
Variance: the review criteria for a variance request are established by
Chapter 12-17, Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff does not believe the granting of this variance will have significant
negative impacts to existing or potential uses and structures in the
vicinity. Similar retaining walls have previously been constructed in
association with other access projects such as the nearby pedestrian and
skier bridges. Due to the steepness of this site, the proposed additional
retaining wall height associated with this snowcat access road design will
reduce the amount of site disturbance to the hillside when compared to
designs using tiered walls in strict compliance with the wall height
requirements.
The ERWSD has granted formal easements for permanent access across
its property between Vail Resort's maintenance facilities and the
proposed snowcat access road. Tract K and the unplatted parcel are
identified as "TOV Owned Lands/Open Space Use" by the Town of Vail
Comprehensive Open Lands Plan and no future development of these
sites is anticipated.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in part) "While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a priority for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek just west of the old Town shops
and construct a road that connects to the existing `Cascade Ho' ski trail. "
Additionally, the applicant has designed the proposed snowcat access
road to be integrated into the future `Ever Vail' development project in
West Lionshead. As part of this future development project, the ski
mountain maintenance facility will be relocated to the south side of the
South Frontage Road directly adjacent to the snowcat access road
bridge. A new gondola lift is planned to be constructed on top of the new
maintenance facility.
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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.
Staff believes this proposed variance request involves "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" as this proposal is associated with the construction of an access
road to the ski mountain and not the construction of a residential or
commercial development project.
Pursuant to Chapter 14-6, Vail Town Code, the proposed retaining walls
may not exceed six feet (6') in height unless the proposed walls are
located within a street right-of-way. Within a street right-of-way, retaining
wall heights may exceed six feet (6') in height without a variance.
Examples of retaining walls greater than six feet (6) in height can be
found throughout the Town of Vail's right-of-ways. The proposed snowcat
access road will be located on Town of Vail owned property; however, it
will not be located within a designated street right-of-way, and will
therefore require a retaining wall height variance.
The applicant has explored design alternatives with retaining walls not
exceeding six feet (6) in height. The applicant has demonstrated that
due to the steepness of Tract K, in some locations along the snowcat
access road a series of tiered six foot walls may be feasible; however, the
use of a series of walls creates significantly more disturbance to the
existing hillside than a single cut and fill wall. The applicant has also
demonstrated that in some locations along the snowcat access route, six
foot (6) tiered retaining walls may require terracing the entire hillside to
"catch grade." Therefore, Staff believes the proposed additional retaining
wall height associated with this snowcat access road design will reduce
the amount of necessary site disturbance when compared to designs
using tiered walls in strict compliance with the wall height requirements.
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.
Staff believes the proposed retaining wall height variance will not have a
significant negative impact on the light and air, distribution of population,
public facilities and utilities. Staff believes that the proposed re-routing of
Vail Resorts' snowcat access will have a positive affect on transportation,
traffic facilities, and public safety; since Vail Resort's maintenance vehicle
traffic will be no longer occur on a public street (i.e. West Forest Road)
through a residential neighborhood.
4. Such other factors and criteria as the commission deems
applicable to the proposed variance.
12
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in part) "While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a priority for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek just west of the old Town shops
and construct a road that connects to the existing `Cascade Ho' ski trail.
On March 8, 2004, and June 13, 2005, the Planning and Environmental
Commission approved a substantially similar variance request for the
proposed snowcat access route. Pursuant to Section 12-17-7, Permit
Approval and Effect, this approval is valid for a period of two years and
therefore has expired.
The applicant, in cooperation and agreement with the neighboring
property owners, has amended the private covenants on Tract K to allow
for the construction of this snowcat access road.
IX. STAFF RECOMMENDATION
VARIANCE
The Community Development Department recommends approval, with
conditions, of a variance from Chapter 14-6, Grading Standards, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon
Subdivision and Unplatted Parcels. This recommendation is based upon review
of the criteria outlined in Section VIII of this memorandum, and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission approves, with conditions,
the applicant's request for a variance from Chapter 14-6, Grading
Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for retaining walls in excess of six (6) feet in height,
located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission imposes the following conditions as part of the motion:
"1. This variance request approval shall be contingent upon the applicant
obtaining Town of Vail approval of the associated design review
application.
2. The applicant shall properly maintain the limits of disturbance fencing
and erosion control methods throughout the construction of this proposal.
13
Any modification to the location or configuration of the limits of
disturbance area shall require review and approval by the Planning and
Environmental Commission and the Design Review Board.
3. Prior to the issuance of grading permits, the applicant shall:
A. execute an easement agreement (or such other agreement
deemed appropriate by the Town Attorney) with the Town of Vail
for the use of Town property; and,
8. shall prepare a construction staging plan for review and approval
by the Town of Vail; and,
C. shall survey and then install all limits of disturbance fencing and all
erosion control methods for review and approval by the Town of
Vail. "
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission makes the following findings as part of the motion:
"Based upon the review of the criteria outlined in Section Vlll of this Staff
memorandum to the Planning and Environmental Commission dated
January 14, 2008, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties classified in
Special Development Districts or Outdoor Recreation.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity.
3. This variance is warranted for 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 Title 12, Zoning
Regulations, Vail Town Code.
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 district.
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."
14
CONDITIONAL USE PERMIT
The Community Development Department recommends approval, with
conditions, of a conditional use pursuant to Chapter 12-16, Conditional Uses,
Vail Town Code, to allow for a snowcat access road/ski run, located at Tract K,
Glen Lyon Subdivision and Unplatted Parcels. This recommendation is based
upon the review of the criteria in Section VIII of this memorandum and the
evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves, with
conditions, a conditional use permit, pursuant to Chapter 12-16,
Conditional Uses, to allow for a snowcat access road/ski run, located at
Tract K, Glen Lyon Subdivision and Unplatted Parcels, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department
recommends the Commission imposes the following conditions as part of the
motion:
"1. This conditional use permit request approval shall be contingent upon
the applicant obtaining Town of Vail approval of the associated design
review application.
2. The applicant shall properly maintain the limits of disturbance fencing
and erosion control methods throughout the construction of this proposal.
Any modification to the location or configuration of the limits of
disturbance area shall require review and approval by the Planning and
Environmental Commission and the Design Review Board.
3. Prior to the issuance of grading permits, the applicant shall:
a. execute an easement agreement (or such other agreement
deemed appropriate by the Town Attorney) with the Town of Vail
for the use of Town property; and,
b. shall prepare a construction staging plan for review and approval
by the Town of Vail; and,
c. shall survey and then install all limits of disturbance fencing and all
erosion control methods for review and approval by the Town of
Vail. "
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Department of Community
Development recommends the Commission makes the following findings as part
of the motion:
15
"Based upon the review of the criteria outlined in Section Vlll of this Staff
memorandum to the Planning and Environmental Commission dated
January 14, 2008, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. The proposed conditional use is in accordance with the purposes of
the Zoning Regulations and Special Development District #4.
2. The proposed conditional use and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety,
or welfare or materially injurious to properties or improvements in the
vicinity.
3. The proposed conditional use complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code,
as referenced by Section V of this January 14, 2008, Staff
memorandum to the Planning and Environmental Commission."
X. ATTACHMENTS
A. Vicinity Map
B. ApplicanYs Statement
C. Architectural Plans
D. Public Hearing Notice
16
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final review of variances from Section 12-7H-10, Setbacks, and
Section 12-7H-14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a stair and an underground parking garage vehicle ramp
within the setbacks, and deviations from the maximum site coverage
requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail
Lionshead Filing 3, and setting forth details in regard there to. (PEC07-0077)
Applicant: Landmark Condominium Association, represented by Fritzlen
Pierce Architects
Planner: Bill Gibson
1. SUMMARY
The applicant, Landmark Condominium Association, is requesting a final review of
variances from Section 12-7H-10, Setbacks, Section 12-7H-14, Site Coverage, and
Section 14-3-1-Table 1, Driveway/Feeder Road Standards, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for a below grade parking structure ramp (with
associated emergency pedestrian stair) within the setbacks; deviations from the
maximum site coverage allowances; and deviations from the minimum driveway widths,
located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting
forth details in regard there to.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with conditions,
the applicant's variance requests, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The Landmark building is located at 610 West Lionshead Circle. The Landmark is
located within the Lionshead Redevelopment Master Plan area and within the Lionshead
Mixed Use 1 Zone District.
The applicant is proposing to amend their previously approved development plan by
eliminating a not yet constructed vehicle elevator from the interior of the Landmark's
parking structure. The approved elevator was intended to provide vehicle access
between the Landmark's existing street level parking garage and the future below grade
parking structure to be located under the existing Landmark/Concert Hall Plaza
alleyway. The applicant is proposing to replace the approved vehicle elevator with a
more traditional vehicle ramp that will be located below grade on the west side of the
existing Landmark Building adjacent to West Lionshead Circle.
1
The Planning and Environmental Commission previously approved setback and site
coverage variances to allow the Landmark to construct the future underground parking
structure within four feet of the west property boundary. The applicant is requesting a
new setback and site coverage variance to facilitate the proposed access ramp. The
ramp will encroach in the setback area to the west property boundary for a proposed
zero (0) setback and the proposed ramp will increase the Landmark's site coverage by
an additional 715 sq. ft. (the approved underground parking structure received a 9,871
sq.ft. site coverage variance).
The minimal distance between the existing Landmark Building and the West Lionshead
Circle Right-of-Way can not accommodate a 22 ft. minimum width, two-lane access
ramp to connect the existing and future parking structures as required by Sub-section
14-3-1-Table 1, Driveway/Feeder Road Standards, Vail Town Code. The applicant, in
consultation with their design engineers and the Town of Vail Public Works Department,
is proposing to construct a 12 ft. wide, one-lane ramp. The applicant is proposing an
internal traffic control signal system to manage the two-way flow of traffic through this
one-lane ramp. Similar vehicle ramps have recently been approved for the Cascade
Residences at 1310 Westhaven Drive and by Special Development District for the
Willows at 74 Willow Road.
The applicant has designed the proposed ramp to create no net change in landscape
area and no net change in the number of proposed parking spaces.
A vicinity map (Attachment A), the applicanYs project summary (Attachment B), the
applicable previously approved architectural plans (Attachment C), and the proposed
architectural plans (Attachment D) have all been attached for reference.
III. BACKGROUND
The Landmark site was annexed into the Town of Vail in August of 1969. According to
Eagle County records, the existing Landmark was originally constructed in 1973. The
property was originally zoned Commercial Core 2 District and was rezoned to Lionshead
Mixed Use 1 District in 1999.
At its March 26, 2007, public hearing the Planning and Environmental Commission
approved a setback variance, a site coverage variance, and a major exterior alteration
request for the redevelopment of the residential portions of the existing Landmark
Building. These approvals allowed, in part, for the construction of a new below grade
parking structure located under the existing Landmark/Concert Hall Plaza alleyway.
These approvals allowed for the connection of the existing street level parking structure
and the future below grade parking structure via a single-vehicle elevator.
The associated design review applications, and subsequent revisions, have been
approved by the Town of Vail Design Review Board.
IV. APPLICABLE PLANNING DOCUMENTS
Lionshead Redevelopment Master Plan
The following checklist was created to provide a means of evaluating the Landmark
proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist
is intended for the Planning and Environmental Commission to use in conjunction with
2
their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of
the Master Plan which pertain to this proposal.
Chapter 2: Introduction
? 2.1 Purpose of the Master Plan
? 2.2 Definition of a Master Plan
? 2.3 Policy Objectives
Chapter 4: Master Plan Recommendations - Overall study Area
? 4.6 Vehicular and Pedestrian Circulation
? 4.7 Loading and Delivery
? 4.8 Parking
Chapter 5: Detailed Plan Recommendations
? 5.10 Montaneros, Concert Hall Plaza, Landmark Tower and
Townhomes
Chapter 8: Architectural Design Guidelines
? 8.1 Vision Statement
? 8.2 Organization, Purpose and Scope
? 8.3 New and Existing Structures
Zoninq Requlations (Title 12)
Article 12-7H: Lionshead Mixed Use - 1 Zone District (in part)
12-7H-1: PURPOSE:
The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture
of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial establishments
in a clustered, unified development. Lionshead Mixed Use 1 zone district, in
accordance with the Lionshead Redevelopment Master Plan, is intended to
ensure adequate light, air, open space and other amenities appropriate to the
permitted types of buildings and uses and to maintain the desirable qualities of the
District by establishing appropriate site development standards. This District is
meant to encourage and provide incentives for redevelopment in accordance with
the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any development/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
~
12-7H-10: SETBACKS:
The minimum building setbacks shall be ten feet (10) unless otherwise specified
in the Lionshead Redevelopment Master Plan as a build-to line.
12-7H-14: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area,
unless otherwise specified in the Lionshead Redevelopment Master Plan.
12-7H-16: PARKING AND LOAD/NG:
Off street parking and loading shall be provided in accordance with chapter 10 of
this title. At least one-half (112) the required parking shall be located within the
main building or buildings.
12-7H-18: MIT/GATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct impacts
of their development on public infrastructure 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 review
of development projects and conditional use permits. Mitigation of impacts may
include, but is not limited to, the following: roadway improvements, pedestrian
walkway improvements, streetscape improvements, stream tract/bank
improvements, public art improvements, and similar improvements. The intent of
this section is to only require mitigation for large scale
redevelopment/development projects which produce substantial off site impacts.
Chapter 12-17: VARIANCES (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical 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
conditions on the site or in the immediate vicinity,. or from other physical
limitations, 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.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
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
4
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.
8. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone
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 or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district.
Development Standards (Title 14)
Subsection 14-3-1-Table 1, Driveway/Feeder Road Standards
Standard Multiple-Family and Commercial
Minimum width normal 22'
V. ZONING ANALYSIS
Address: 610 West Lionshead Place
Legal Description: Lot 1, Block 1, Vail Lionshead Filing 3
Lot Area: 1.495 acres (65,122 sq. ft.)
Zoning: Lionshead Mixed Use 1(LMU-1)
Land Use Designation: Lionshead Redevelopment Master Plan Area
Development Standard Allowed/Required Approved (3/26/07) Proposed
Setbacks:
North: 10 ft. 0 ft. no change
South: 10 ft. 6 ft. no change
West: 10 ft. 4 ft. 0 ft.
East: 10 ft. 0 ft. no change
5
Site Coverage: 45,587 sq.ft. (70%) 55,458 sq. ft. (85%) 56,173 sq.ft. (86%)
Landscape Area: 13,024 sq.ft. (20%) 11,304 sq. ft. (17%) no net change
Parking: 108 spaces 109 spaces no net change
Driveway (ramp) width 22 ft. n/a 12 ft.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Parking Lionshead Mixed Use 1 District
South: Mixed Use Lionshead Mixed Use 1 District
East: Mixed Use Lionshead Mixed Use 1 District
West: Mixed Use Lionshead Mixed Use 1 District
VII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-17,
Variances, Vail Town Code.
Setback Variance
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
The existing Landmark building was originally constructed in 1973 and the
existing parking structure encroaches into the required 10 foot north setback.
Other portions of the building currently conform to the setback requirements;
however, as noted in Section 5.10.1 of the Lionshead Redevelopment Master
Plan, the location and configuration of the existing building does place
constraints on the redevelopment opportunities of the Landmark.
To accommodate the construction of a new underground parking structure ramp
the applicant is requesting deviations to the required ten foot west setback
requirements. Section 12-7H-16, Parking and Loading, Vail Town Code, requires
that "at least one-half the required parking shall be located with the main
building" for sites such as the Landmark in the Lionshead Mixed Use 1 Zone
District. Additionally, Section 4.8.d of the Lionshead Redevelopment Master Plan
recommends that "Parking should be visually inconspicuous. Parking should be
structured below ground whenever possible". To meet the parking requirements
of the Town's zoning regulations and the goals of the Town's master plans; the
applicant is proposing to reduce the amount of existing surface parking at the
Landmark and construct the majority of the new parking below grade. The
applicant proposes to construct this new below grade parking structure
immediately adjacent to the existing Landmark building. To conform with the
Town's dimensional standards for parking spaces, drive lanes, turning radii, etc.,
the applicant is proposing that the parking structure encroaches four feet into the
southern ten foot setback and six feet into the western ten foot setback. Staff
does not believe the proposed additional below grade encroachment for the
vehicle ramp will negatively affect other potential uses and structures in the
vicinity.
6
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.
The Planning and Environmental Commission has consistently held that existing
lot and building configurations may be a hardship to justify the granting of a
variance from the Town's current Lionshead Mixed Use 1 zoning regulations.
Approval of the proposed setback variance will allow the applicant to construct a
below grade parking structure in conformance with the intent and goals of both
the Town's zoning regulations and the Lionshead Redevelopment Master Plan.
Staff believes the applicant is requesting relief from the strict and literal
interpretation and enforcement of the setback regulations necessary to achieve
compatibility and uniform treatment of site in the vicinity, and does not view the
approval of this request as 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.
Staff believes the applicant's proposal to replace the future vehicle elevator with
a ramp will be a more convenient, more user friendly, and more reliable system
of connecting the Landmark's parking structures. Staff also believes the
proposed ramp will provide better emergency access to the structure than the
approved vehicle elevator.
Since the proposed ramp will be located below grade and not within the West
Lionshead Circle Right-of-Way, Staff does not believe the requested variance will
have a negative effect on light and air, distribution of population, transportation
and traffic utilities, public facilities and utilities, or public safety in comparison to
existing conditions.
4. Such other factors and criteria as the Commission deems applicable to
the proposed variance.
At its March 26, 2007, public hearing the Planning and Environmental
Commission approved similar setback and site coverage variances to facilitate
the redevelopment of the existing Landmark Building.
Site Coveraqe Variance
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
The existing Landmark building was originally constructed in 1973 and as noted
in Section 5.10.1 of the Lionshead Redevelopment Master Plan, the location and
configuration of the existing building does place constraints on the
redevelopment opportunities of the Landmark. The existing Landmark building
conforms to the site coverage requirements of the Lionshead Mixed Use 1 Zone
District.
7
The applicanYs approved construction of a new entry lobby, elevator tower, and
egress stair also complies with the site coverage limits prescribed by the Town's
zoning regulations. The applicant also received approval of a variance to allow
for the construction of a new below grade parking structure that causes the
Landmark to exceed the maximum site coverage limit of 45,587 sq. ft. (70% of lot
area) by 9,870 sq. ft. (85% of lot area).
The applicant is now proposing to replace the approved interior vehicle elevator
with a more traditional access ramp. The proposed ramp will be located below
grade, but will increase the site coverage of the Landmark building by an
additional 715 sq. ft. Since the proposed ramp will be located below grade,
covered with landscaping, and will not encroach into the Town's street right-of-
way; Staff does not believe this proposal will have a significant negative impact
on adjacent uses or structures in the vicinity.
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.
The Planning and Environmental Commission has in the past held that existing
lot and building configurations may be a hardship to justify the granting of a
variance from the Town's current Lionshead Mixed Use 1 zoning regulations.
Approval of the proposed site coverage variance will allow the applicant to
construct a below grade parking structure in conformance with the intent and
goals of both the Town's zoning regulations and the Lionshead Redevelopment
Master Plan.
Staff believes the applicant is requesting relief from the strict and literal
interpretation and enforcement of the setback regulations necessary to achieve
compatibility and uniform treatment of site in the vicinity, and does not view the
approval of this request as 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.
Staff believes the applicant's proposal to replace the future vehicle elevator with
a ramp will be a more convenient, more user friendly, and more reliable system
of connecting the Landmark's parking structures. Staff also believes the
proposed ramp will provide better emergency access to the structure than the
approved vehicle elevator.
Since the proposed ramp will be located below grade and not within the West
Lionshead Circle Right-of-Way, Staff does not believe that the requested
variance will have a negative effect on light and air, distribution of population,
transportation and traffic utilities, public facilities and utilities, or public safety in
comparison to existing conditions.
4. Such other factors and criteria as the Commission deems applicable to
the proposed variance.
8
At its March 26, 2007, public hearing the Planning and Environmental
Commission approved similar setback and site coverage variances to facilitate
the redevelopment of the existing Landmark Building.
Drivewav Width Variance
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Since the proposed ramp will be located below grade and not within the West
Lionshead Circle Right-of-Way, Staff does not believe that the requested
variance will have a negative effect on light and air, distribution of population,
transportation and traffic utilities, public facilities and utilities, or public safety in
comparison to existing conditions.
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.
The Planning and Environmental Commission has in the past held that existing
lot and building configurations may be a hardship to justify the granting of a
variance from the Town's current Lionshead Mixed Use 1 zoning regulations.
Approval of the proposed driveway width variance will allow the applicant to
construct a below grade parking structure in conformance with the intent and
goals of both the Town's zoning regulations and the Lionshead Redevelopment
Master Plan.
Staff believes the applicant is requesting relief from the strict and literal
interpretation and enforcement of the setback regulations necessary to achieve
compatibility and uniform treatment of site in the vicinity. Since similar vehicle
ramps have recently been approved for the Cascade Residences at 1310
Westhaven Drive and the Willows at 74 Willow Road, Staff does not view the
approval of this request as 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.
Staff believes the applicant's proposal to replace the future vehicle elevator with
a ramp will be a more convenient, more user friendly, and more reliable system
of connecting the Landmark's parking structures. Staff also believes the
proposed ramp will provide better emergency access to the structure than the
approved vehicle elevator.
Since the proposed ramp will be located below grade and not within the West
Lionshead Circle Right-of-Way, Staff does not believe that the requested
variance will have a negative effect on light and air, distribution of population,
transportation and traffic utilities, public facilities and utilities, or public safety in
comparison to existing conditions.
4. Such other factors and criteria as the Commission deems applicable to
the proposed variance.
9
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a request for a final review of variances from Section 12-71-1-10, Setbacks, Section 12-
71-1-14, Site Coverage, and Section 14-3-1-Table 1, Driveway/Feeder Road Standards,
Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a stair and an
underground parking garage vehicle ramp within the setbacks, and deviations from the
maximum site coverage requirements, located at 610 West Lionshead Circle/Lot 1,
Block 1, Vail Lionshead Filing 3, and setting forth details in regard there to.
Should the Planning and Environmental Commission choose to approve these variance
requests, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicanYs request
for variances from Section 12-7H-10, Setbacks, Section 12-7H-14, Site
Coverage, and Section 14-3-1-Table 1, Driveway/Feeder Road Standards, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for a below grade
parking structure ramp (with associated emergency pedestrian stair) within the
setbacks; deviations from the maximum site coverage allowances; and
deviations from the minimum driveway widths, located at 610 West Lionshead
Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard
there to. "
Should the Planning and Environmental Commission choose to approve these variance
requests, the Community Development Department recommends the Commission
impose the following conditions:
"1. This approval is contingent upon the applicant obtaining Town of Vail
approval of the associated design review applications.
2. The applicant shall not construct any foundation elements including, but not
limited to, footers, foundation drains, etc. within the West Lionshead Circle Right-
of-Way.
3. Prior to the issuance of a building permit, the applicant must obtain final Town
of Vail Public Works Department approval of a Traffic Engineered access control
system for the access ramp.
4. Prior to construction of any shoring within the West Lionshead Circle Right-of-
Way, the applicant must obtain approval of a license agreement (or any other
such document deemed appropriate by the Town Attorney) from the Town of
Vail.
5. As required by the March 26, 2007, variance and major exterior alteration
approvals, the applicant shall pay a transportation impact fee of $6,500 per
increased vehicle trip in the peak hour prior to requesting a Temporary Certificate
of Occupancy for this proposal. Seven (7) trips will be generated by this proposal
for a total assessed fee of $45, 500.00.
6. Prior to requesting a Temporary Certificate of Occupancy for this proposal, the
applicant must install, and make fully operational, the ramp's traffic control
system. "
10
Should the Planning and Environmental Commission choose to approve these variance
requests, the Community Development Department recommends the Commission
makes the following findings:
""Based upon the review of the criteria outlined in Section Vll of this Staff
memorandum to the Planning and Environmental Commission dated January 14,
2008, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Lionshead
Mixed Use 1 Zone District as the Planning and Environmental Commission has
consistently held that the configuration of existing sites and buildings are
hardship that may justify the granting of a variance from the Town's current
zoning regulations.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for 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 Title 12, Zoning Regulations, Vail Town
Code due to the configuration of existing site and building.
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 district due to the configuration of existing site and
building.
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 due to the configuration of existing site and building."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Previously Approved Architectural Plans (in part)
D. Proposed Architectural Plans
E. Public Notice
11
Jan 08 08 07:19p ICathleen V. Scott 303 329 6050 p.2
To: Town of Vail PEC '
Ref: Cann.on/Vickers proposed garage variances
i
The undersigned,who are representative of the Booth Falls Court neighborizood wish to '
encourage the cozitinued improvzrnent af their neighborhaod. Witli this in mind we ~
support in general tenns the building of a;arage on the Cannon Vickers property. I
i
Althougli tize building of this proposed structure is soznewhat oversized for the lot in I
question and witl serve to contribute to the inczeasing density of the neighborhood, the '
potential :for removing the curnbersome and unsiglitly parking situation in front of the
pzaperty goes part way in alIeviating aur concerns about tlus new building.
•As tlie conuuission may l:now or nlay have been infozmed by the toNvn planner there are
currently four parking spaces assigned to the lot. Tliere are often rnore than four cars '
parked in the generally vicinity, many of them illegally on the street. AdditionaXly, l`vlr. ,
Vickers has latety taken to parking a back-hoe/tractor on the property. There are marky
days Nvhere the cwxent property loaks like a heavy equipment rental lot.
If the PEC decides to approve the variances requested by CannonNickers; it is the hope '
of the neighborhood that the variances approved will be contingent on havix?g no 'I
equipmezit parked autside of the new structure. Hopefully such continbencies will be ,
recorded into the proceeding and rnade part of the approva]. As such they -would be i
enforceable by town of Vail. ;
There are other issues including building over utilify easements and tlie lack of planning II
for snow remaval in front of the proposed garage. Perliaps these can be discussed at the ,
meeting or at a subsequent DRB. . I
.
Signed,
Alan and Kate Scott: 3150 Booth Fal1s Court (Lot 4) ~
Ken and Robin Guerry: 3130 B Booth Fa11s Court (Lot 6B)
' i
George and Zizette Lamb 3130 A Booth Fal1s Court (Lot 6A) I
~
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I
~
I
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for additional site
coverage to facilitate construction of a detached garage structure, located at
3140 A and B Booth Falls CourULot 5, Block 2, Vail Village 12t" Filing, and setting
forth details in regard thereto. (PEC07-0078)
Applicant: John Canon and Becky & Ken Vickers, represented by John
Perkins, AIA
Planner: Nicole Peterson
1. SUMMARY
The applicants, John Canon and Becky & Ken Vickers, represented by John Perkins,
AIA, are requesting a variance from Section 12-6C-9, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls
Court/Lot 5, Block 2, Vail Village 12t" Filing.
Based upon Staff's review of the criteria in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions stated in section VIII, subject to the findings
noted in Section VII of this memorandum.
II. DESCRIPTION OF REQUEST
On December 5, 2007, the Design Review Board approved a separation request to allow
a detached garage structure on the subject site (Vote 4-0-0). The Design Review Board
will review the proposed detached garage if the variance request is approved and Staff
has added a condition of approval, stated in Section VIII to that affect. The proposed
detached garage design requires a variance to site coverage from the allowed 20% to
23% (Additional 523 square feet of site coverage).
Currently, the owners are parking in Town Right-of-Way, which violates Vail Town Code.
The proposed detached garage includes 4 enclosed parking spaces (2 per dwelling unit)
and is designed to step into the steep hillside adjacent to Booth Falls Court.
The proposed driveway off Booth Falls Court is designed to accommodate another 4
outdoor parking spaces, which affords each homeowner a total of 4 off-street parking
spaces. There has been concern from the neighbors regarding screening of the
proposed outdoor parking spaces. Staff has included a condition of approval, stated in
Section VIII, that requires a landscape plan including proposed screening of outdoor
parking.
1
The proposed garage is designed to comply with all other zoning requirements. No
changes to the existing duplex structure are proposed at this time. However, Staff has
included a condition of approval, stated in Section VIII, that requires any existing outdoor
storage of trash, equipment or inoperable vehicles shall be moved into the enclosed
garage as soon as construction is compete.
The proposal is in compliance with all other zoning regulations including GRFA. The
GRFA proposed under the garage will function as family rooms and office space. The
area shall not be used as separate dwelling units as defined by Vail Town Code. Staff
has included a condition of approval, stated in Section VIII, to prevent these spaces from
being used as separate dwelling units. A vicinity map (Attachment A), the applicant's
request (Attachment B), proposed architectural plans (Attachment C) and photos
(Attachment D) are attached for reference.
III. BACKGROUND
The existing duplex was constructed in 1979. The following design review applications
have been approved on site:
1. September 20, 1995 - Separation request for detached garage - not completed
2. June 6, 1992 - Interior remodel
3. May 12, 2005 - Entry enclosure
4. September 3, 2005 - Deck replacement and addition
5. August 31, 1005 - Repaint, stucco and shutters
6. December 5, 2007 - Separation request for detached garage
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZON/NG REGULATIONS
12-2-2: Definitions of words and terms:
SITE COVERAGE: The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. For the purposes of calculating site coverage, "building area
of a site" shall mean that portion of a site occupied by any building, carport, porte-
cochere, arcade, and covered or roofed walkway constructed at, below, or above grade
as measured from the exterior face of the sheathing of the perimeter walls or supporting
columns.
For the purposes of this definition, a balcony or deck projecting from a higher elevation
may extend over a lower balcony, deck or walkway, and in such case the higher balcony
or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway.
In addition to the above, building area shall also include any portion of a roof overhang,
eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio
that extends more than four feet (4) from the exterior face of the perimeter building walls
or supporting columns.
Section 12-6C-1: Two-family Residential (R) District Purpose
The two-family residential district is intended to provide sites for low density single-family
or two-family residential uses, together with such public facilities as may be appropriately
located in the same district. The two-family district is intended to provide adequate light,
air, privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
2
12-6C-9: Two-family Residential (R) District Site Coverage
Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord.
41(1990) § 4: Ord. 19(1976) § 4: Ord. 8(1973) § 3.507)
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of this
title as would result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical 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 conditions on the site or in the
immediate vicinity; or from other physical limitations, 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.
V. SITE ANALYSIS
Address: 3140 A and B Booth Falls Court
Legal Description: Lot 5, Block 2, Vail Village 12t" Filing
Zoning: Two-Family Residential (R) District
Land Use Designation: Low Density Residential
Current Land Use: Existing Duplex
Lot Size: 17,055 square feet
Environmental Hazards: High-Severity Rockfall
Standard Allowed/Required Existin Proposed
Setbacks (min):
Front: 20 ft. Main house 70 ft. Garage 20 ft.
East Side 15 ft. Main house 34 ft. Garage 15 ft.
West Side 15 ft. Main house 28 ft. Garage 15 ft.
Rear: 15 ft. Main house 20 ft. no change
Density (max): 2 dwelling units 2 dwelling units no change
GRFA (max): 6767 sq. ft. 3,804 sq. ft. 5,245 sq. ft.
Site coverage (max): 3,411 sq. ft. (20%) 2,709 sq. ft. (15.8%) 3,934 sq. ft. (23%)
Landscape Area (min): 10,233 sq. ft.(60%) 13,469 sq. ft. (79%) 10,365 sq. ft. (61%)
Height (max): 30 ft. slope/ 33 ft. flat Main house 25 ft. Garage 30 ft.
Parking (min): 2.8 (1.4 per unit) 0 8 Total (4 enclosed)
VI. ZONING AND LAND USE
Zonina:
Subject Property: Two-Family Residential (R) District
Surrounding: West - Two-Family Residential (R) District
~
East - Two-Family Residential (R) District
North - Two-Family Residential (R) District
South - General Use (GU) District
Land Use Desiqnation:
Subject Property: Low Density Residential
(Canon-Vickers Duplex)
Surrounding: West - Low Density Residential
(Existing residence)
East - Low Density Residential
(Existing residence)
North - Low Density Residential
(Booth Falls Court and existing residences)
South - Public/Semi-Public
(Vail Mountain School)
VII. CRITERIA AND FINDINGS
Variance criteria and findings are established by Section 12-17-6, Vail Town Code,
stated below. Staff has responded to each criteria and finding regarding the proposed
variance to site coverage to allow a detached garage addition located at 3140 A and B
Booth Falls Court.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
This site is impacted by unique constraints that do not apply generally within the
Two-Family Residential District. A steep slope of up to 71 % exists on the north
side of the site, which hinders the development options for adding enclosed
parking. The steep slope, existing placement of the duplex on the south end of
the site and the unique octagon shape of the existing duplex where key factors in
the Design Review Board's approval of the separation request.
The proposal complies with all other zoning regulations including setbacks,
height and landscape area. Site coverage is unique in that it is calculated by
dividing the total building area on site by the lot area. Most people would not
recognize a deviance from site coverage by looking at a property. The lot area of
the subject site is smaller than other lots in the neighborhood. Therefore less site
coverage is afforded to the subject property compared to some sites in the
vicinity.
Staff does not believe approval of this variance request will have a significant
negative affect on the existing or potential uses and structures in the vicinity, in
comparison to existing conditions.
4
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.
Staff believes that relief from the strict and literal interpretation and enforcement
of the site coverage regulations will grant the applicant the relief necessary to
achieve the Town's development goal of enclosing parking. On numerous
occasions, the Planning and Environmental Commission and the Vail Town
Council have determined that variances may be approved to achieve the Town's
development goal of enclosing parking. Therefore, Staff does not believe the
approval of this request would be a grant of special privilege.
Staff believes a four-car garage is the most practical option for the applicant to
provide the necessary parking for two dwelling units. Other properties in the
neighborhood have 4-car garages including the two adjacent neighbors. The
four-car garage allows each dwelling unit, 2 enclosed parking spaces. If the
building footprint was reduced by 523 square feet, to come into compliance with
site coverage, then the total garage area would be reduced to 677 square feet
from the proposed 1,200 square feet. A 677 square foot garage would
accommodate only 3 enclosed parking spaces (estimating 200 square feet per
parking space). The uneven amount of spaces would lead to unfair
accommodations for one of the homeowners.
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.
Staff believes the traffic conditions will improve by providing 4 enclosed and 4
outdoor parking spaces outside the public right-of-way. Currently, the applicants
park entirely within the public right-of-way. The proposed garage and parking
spaces will provide off-street parking, which will improve the traffic flow on Booth
Falls Court. Staff does not believe the requested site coverage variance will
have a negative effect on light and air, distribution of population, transportation
and traffic utilities, public facilities and utilities, or public safety in comparison to
existing conditions.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The Planning and Environmental Commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone 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:
5
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter
12-17, Variances, to allow for additional site coverage to facilitate construction of a
detached garage structure, located at 3140 A and B Booth Falls Court/Lot 5, Block 2,
Vail Village 12t" Filing, and setting forth details in regard thereto. This recommendation
is based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicanYs request
for a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and 8 Booth Falls
Court/Lot 5, Block 2, Vail Village 12t" Filing, and setting forth details in regard
thereto, subject to the following conditions:
1. This approval shall be contingent upon the applicants obtaining Town
of Vail approval of a design review application for the detached garage.
2. Any outdoor parking shall be outside of Vail Town Right-of-Way and in
compliance with Vail Town Code.
3. The applicants shall submit, as part of the design review application, a
landscape plan including proposed screening of the outdoor parking
spaces.
4. The applicants shall move any existing outdoor storage of trash,
equipment or inoperable vehicles into the enclosed garage as soon as
a Certificate of Occupancy is obtained.
5. The applicant shall sign an affidavit, approved by the Town Attorney
and recorded with Eagle County Clerk and Recorder, stating that no
rental of the existing or proposed floor area shall take place, before a
Certificate of Occupancy is obtained.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
"The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
6
inconsistent with the limitations on other properties classified in the Two-Family
District, based upon the review outlined in Section Vll of the Staff's January 14,
2008 memorandum to the Planning and Environmental Commission.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity,
based upon the review outlined in Section Vll of the Staff's January 14, 2008,
memorandum to the Planning and Environmental Commission.
3. This variance is warranted for 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 Title 12, Zoning Regulations, Vail Town
Code, based upon the review outlined in Section Vll of the Staff's January 14,
2008, memorandum to the Planning and Environmental Commission.
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 district, based upon the review outlined in Section VII
of the Staff's January 14, 2008, memorandum to the Planning and
Environmental Commission.
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, based upon the review outlined in Section VII of the
Staff's January 14, 2008, memorandum to the Planning and Environmental
Commission. "
IX. ATTACHMENTS
A. Vicinity Map
B. ApplicanYs Request
C. Architectural Plans
D. Photos
E. Public Hearing Notice
7
Attachment A - Vicinity Map
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Attachment B - Applicant's Request
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John M. Pvrk;ns, A1A
Der,e.'nfaer 14. 2007
Wa? f. Deaver r_re=k B,J.
ti~efil'I&`L..d[j6 RiC+So!1, ]lA:@ L-16
MP'. 8111 GlbSon P.O. kx. 2747
Pl81f1fllef Avoon, C_c4orodco 8I620
Cormmuniiy C+eyelopmenk 970 oa19 91:2
6x WMt19.13629
To4Mf1 ofV€311
75 SP?Llth Ffontag@ R4ad
VaII, 00 81'657
RE: VARIAMCIE AP'RLICA?1ON FOR REVIE'V1f BY fiHE
F"LANNIM1G Ahd[] ENV1RONMENTAL COMMISSION
CANOAId'VIGI{ERS dUPLEX
LOZ 5,. BLOCit 2e S'USUIV''ISEOM; 1dMLVItLAGE 1f" FfLlNG
3140 BOOTH FALLS C OU FCT, YAIL~ COLORAaO
aear Pa1r. Gibson,
TI)e 1+'ariance requos# it. For an additional 456 square feet of sife cowerage
(T'OtiJ Ordinanc* 12-6C-9 - 5ite Ccraerage - 20% o# rot area) to a11aw bvkh duplex
partners ka o4nskrUrr~ a 000 square feet turria car garage in a single detsiGh~l Mruelura.
(TO'V DRB separaiCion aqprvval grarrt-E~d cin 1=612007_)
Tftio ariginal wnstrucEioncompletecl in Nne eaFly 1970'a and rarnodeled in 1992 did nat
onclude garag-es. Current parking is an iha B44th Falls Court cu1-de-sac Iocated ak Ieask
"rtia ll~ in the Towrr of Vail right of way
Grarrting oF the requestei varian+ce will mitiga6e khis parkirxg isia+xe iohd afford aI teast 8
parking spas;es out -of thp, Town 4f Vail right of way_ The uarian~e YAll aklow the
apPlioon#s kb have garages oF sirryi3ar sizes as specified in tawn Gr-01nartces for garages
ss enjoyed by .*nos#, if n.ok a19 neighbor°s In tfie area.
Paceesg tsr kkie exasting unds will ~e 1mproWeii Dn a very steep site vwith the me%v partiafly
toueied and building cade compliant -skairaray s3+s1em,
PI~ase dD not hesitate t+o o*ntact me at 949-93Z2 regardirig khir. uariance, reguest iFthere
are further queslivra r r,0~r,~rn~.
nce 1y.
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0r?.'17 E. B'cJawcr Cr.-ek k~l~d.
~''y ~7~y'UV,~y ,~Yfi}lI$ 44;1f~ RN58fl. 111t6 C-16
!J~'°[e~Jbef 14i L7 P.C. BDP4 207
14'm11, c,-Jd(Ad6 ~'6zj
97-D 9r144377
fau 9?0.?'d44.0S29
ST,ATEMEhIT OFVARIANCE REQU!EST
RE: IiARIANCE APPLICATBOAi FOR REVIEW BY THF
PLANNINC AFdb ENVIROIVMENTAL COMf4115'~~ON
C#NO'Nl1IIGKERS DUPLE7{
LOT 5, 8 1,,0C Fi 2; S11RDIVISiON. SfAIL V°11LLAGE 12T" FILINfi
3140 BOOTH FAL4.S COURT, VAIL, COLORADO
a, This variance aFlouvs the resident& Gf Lot 5 to enjoy the use of a t~ car
garage wIth two extQ rior pari€ing sRaees in front oi k4e garac~e dco rs as is
Che noFm for RII other residential s#rUotUrea in the vieiniky.
b. The steepness of the remaining sike area (awer 401l0), fhe southerly
locaEiC?n of ths duplex struckure and the ae)i#.rary geometrical foQtprl-nt
(double cac[,agort eonfigoratiorr) and the 120k. of Qarages jusEify reoieF fram
the slrict aneJ literal interpretatian oF ardlnartee 12-6C-9 (5i~-$ 03Ver2ga)
aIlo~hAnq the oonskrucliorl ai garages #haC ar-fhieue compalibility and
uniformity of Cr°eatm-ent 2mcang siites in khe vicinity wiihoLrt grarli of SpeCiaI
pKivI18ge,
C. Fhis vartance request ha-s Iitkla Ef a.ny eff, eckon light and air, tllslribuiioll of
populakion of Frdllic faG'iIiLie.r7_ i0. 17Qe°ti" hav~.' a posi1ive e,I`ec4 on IMo, w of
trafFic #hraugh a eul-de-sac whlich results in a pasitive effect on public
saf-ety.
d, Tnis uaria nce cartlplleS v+11kh adopt-ad Tpwn cf Vail planning policires and
developnnee+l objedives in that it remvves park.ed cars frorr7 the pt?b1ir, riyhtit
of wRy on Booth FalIs Court.
10
Attachment D - Photos
Subject Propertl from
Booth Falls Coui~t
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Attachment E- Public Hearing Notice
TO'ENN0F~AiLL
THlS ITEM MAY AFF'ECT'YOkPR PRORERTY
PUBLIC N'O7T14E
NO71CE 0 HEREB1' GlVFN ahal the! planr,png and Envlronm$nial Comrnission oi Ihe
Tom pf Vai.] wil1 hold rypubli. - hPearing in arcordance with sectian 12,3-6, Vail Towm
fiDdo. c+n ,January 14, 2708, a# 1:00 p?rt ir) 1he Town o1' 1taef Mwicapal BUlWlng, Irr
c4nWdeta1wn oF°
A requesk fgr a iinal retomrnendalian to the Vail Town Cauneil, to -aIlow for Speeial
6usiness F"roRnotian Perrrnits., and settirrg fvrth deitiil"s iri reggird thefeUb. (PIECQ7-007~1)
Appfieant: Tawn af Vail
Planner° Raehel Frlede
A request for a final recornm$:ndafian ta the Vail Tawn Council, pursusnk to Seckion 12-3-
7r Amendrnent. Vail Ton+m Cade, for ~prewpbad tegkilatlons annendrnent to Gh@p#ers
12-23, Co1'imorclal Ronkage aCtd 12-24, fnclusicaniBry Zoning, Vaif T€wn Council, to
establish standards and criferia relaked ko mliigaling erripIpyee housing requlrements,
and SoCEir7g ior1h 6PtaliS iri regard thereto. (R'EC07-0675)
Applic;anC= Tcw of Vail
Planner Nina Timm and Bifl GibsCan
A reques# for arinal reviev ~f varianm-es from 5eeklon 12-7W4, Setbacks, anwd! Ssctian
12-71-1-14, Site Coverage. Vail Tms+n Code, pursuani ko Chapker 12-17, Varianc9sF kG
aIlow ior a 51air and an underground parking garage vehicEe ramp within tfie setbsck.s.
and devie4ions frorn the max9rroum sile caverage TequFrerne+n1,5, Ivcaled eak 610 4Vres1
Liorishead Circl0Lot 1, Dlacls 1. 'Jail Liomhead Filing 3, and sgtl;ng forEh details in
regard ihGre 1n. (PEC47-0077)
Applicani: Lander7ark Candorninium Assvciatian, represenMed by Frilzlen P~erc:e
rs,rcfilkack,3
Plannerv Bill Gibson
A reques# for a final reuievof vLq riiarice frat-n Sorlion 12-13C44, Sila Cnveraye, y.r'aiI Towvrr
Cnde, pursvant to Chapter 12-17, Variancces, tD alkciw fvr &JdiUonal siCe ooieeeoe to
Paciliiake consir4aotion of ek deReahe[i garaga slrucA.ire, Ioeatied at 3940 Booth Falls OK
CourU'Lot 5, BI4ck 2, 1{ail Village le Filing, and !3etting fcqih details in regaQd lfiffei.o. 4 4
Applicant; John Canon and oetiy VIokerG, rsprownt$d by John Pgrkins
Planner: Nrc41e Petersvn
14
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final review of an exterior alteration, pursuant to Section
12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow
for the redevelopment of the Rucksack Condominium Building and the
Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,
Block 5A, Vail Village Filing 1. (PEC07-0076)
Applicant: Jeffery B. Selby, represented by Jay Peterson
Planner: Scot Hunn
1. SUMMARY
The applicant, Jeffrey B. Selby, represented by Jay Peterson, has requested final
review of a major exterior alteration at the Rucksack Condominium Building and
the adjacent Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,
Block 5A, Vail Village Filing 1. The request for review is presented in anticipation
of the proposed re-development of the Rucksack Condominium Building, and is
now inclusive of the adjacent "Scott Building" (aka the "Burton Store") within the
scope of the re-development project. The re-development project includes:
o Expansion of Level One (street level) of the Rucksack Condominium
Building and the adjacent Scott Building, resulting in an increase to
commercial square footage by approximately 279 sq. ft.
o Expansion of Level Two of the Rucksack Condominium Building via the
creation of a new second story over the adjacent Scott Building
(expansion of Rucksack second floor over the top of the Scott Building)
and the infill of existing storage areas in the Rucksack Condominium
Building, by approximately 2,241 sq. ft.
o Conversion of existing Level Two office space within the existing
Rucksack Condominium Building into a new residential unit
o Demolition and renovation of existing exterior stairs on the south (Bridge
Street) side of the Rucksack Condominium Building
o Renovation/Repair of existing stairs and decks on east (Mill Creek) side
of the Rucksack Condominiums Building
o Creation of new access and egress to public way, at the east (rear) of the
Rucksack Condominium Building through the east (rear) side of the Scott
Building
o Creation of new trash storage and removal area for the combined
Rucksack Condominiums/Scott Buildings at the east (rear) of the Scott
Building
1
o Remodel of an existing stairwell and deck on south side of the Rucksack
Condominiums Building
o Addition of new roof element on west side of the Rucksack
Condominiums Building as well as, a new roof over the entire Scott
Building
o Replacement of existing roof materials and assemblies for entire
Rucksack Condominiums Building
o Addition of an elevator on the north side of the Rucksack Condominiums
Building
o Removal and replacement of existing building (tenant) signage for both
the Rucksack Condominiums Building and the Scott Building
Final Plan review is requested with regard to master plan recommendations,
specific design guidelines and Code requirements applicable to any re-
development of this site. To this end, Staff has prepared a written analysis
summarizing the requirements and guidelines outlined in:
o The Town of Vail Land Use Plan
o The Vail Village Master Plan
o The Vail Village Urban Design Guide Plan
o The Town of Vail Streetscape Master Plan Addendum, and
o The Town's Zoning Regulations
Requested Outcome
The intended outcome of this meeting is for the Commission to take formal action
on the development application, citing certain applicable findings and criteria as
the basis for approval, approval with conditions, or denial of the application.
To this end, Staff's is recommending approval, with conditions, of the Major
Exterior Alteration for the Bridge Street Building, as detailed in Section IX of this
memo.
II. DESCRIPTION OF THE REQUEST
Purpose of Review
The purpose of this meeting is to conduct a final plan level of review relative to
the Bridge Street Building (aka "the Rucksack Condominium Building and the
Scott Building) project's conformance with zoning and development regulations
prescribed for re-development within the Commercial Core Area 1(CC1) District.
This requested review includes previously approved alterations to the Rucksack
Condominium Building. As well, the requested review has been expanded to
include the addition of the adjacent Scott Building within the scope of the re-
development project.
The Planning and Environmental Commission will also be asked to review the
proposal for compliance with applicable master plan documents, as well as any
site specific design guidelines outlined in both the Vail Village Master Plan, the
Vail Village Urban Design guide Plan and the Town of Vail Streetscape Master
Plan Addendum.
2
Project Overview
The attached plan sets (Attachment B) dated December 17, 2007, submitted by
the applicant depict proposed improvements including but not limited to:
Lower Level Unit C1 (Basement - Currently Joe's Famous Deli)
• Code compliance update (sprinkler system) to existing Joe's Deli
space
Level One Unit C2 Rucksack Condominiums Building (street level -
currently retail space and the Adjacent Burton Store)
• Demolition and remodel to existing interior space and exterior
materials
• 279 sq. ft. expansion/addition of both buildings, inclusive of
expanded and reconfigured front entryways for the Rucksack
Condominiums Building and the Scott Building (Burton Store)
• Addition of elevator and remodeled secondary entry from street level
on the North side of the Rucksack Condominiums Building
• Removal of an existing steel stair case on the South side of the
Rucksack Condominiums Building and replacement with heated stone
stairwell
• Renovation of existing stairwell at rear (east) side of the Rucksack
Condominiums Building and the creation of pedestrian egress
pathway from stairs to access easement located behind the Scott
Building
• Creation of two (2) stone veneer support columns at or adjacent to
public right-of-way (Bridge Street) and integrated into the existing
Joe's Deli stairwell
Level Two Unit C3 Rucksack Condominiums Building (currently real
estate office space)
• Demolition and remodel to existing interior space and exterior
materials, inclusive of: new siding, new roof element on west
elevation, roof replacement, as well as new trim, fascia, soffits,
windows, doors and balconies
• Raised roof (ridge and eaves) height by approximately 4' over existing
second floor office in the Rucksack Condominiums Building
• 2,241 sq. ft. residential expansion including conversion of existing
office space, as well as, an addition on the north side of the Rucksack
Condominiums Building, over the existing Burton Store retail space
• Creation of a balcony facing Bridge Street, over existing stairwell to
Joe's Famous Deli
• Creation of an roof top terrace/deck, over the existing Burton Store
retail space - as part of the residential unit
• Addition of an elevator on the north side of the Rucksack
Condominiums Building
• Renovation of existing stairwell at rear (east) side of the Rucksack
Condominiums Building and the creation of pedestrian egress
~
pathway from stairs to access easement located behind the Scott
Building
• Elimination of an exterior staircase and wood balcony structure on the
West (Bridge Street) side of the Rucksack Condominiums Building
Level Two/Three Unit R1 Rucksack Condominiums Building (residential
condominium unit)
• Demolition and remodel to existing exterior materials - repair and
replacement of stucco elements, vertical board and batten siding, and
windows to match all other exterior alterations proposed on north,
south and west elevations of the Rucksack Condominiums Building
• Addition of balcony on West elevation of Unit R1
• No change to interior space for residential Unit R1
Level Four Unit R2 (Residential Condominium Unit and Tower of
Condominium Unit)
• Remodel/Repair to existing exterior materials - repair and replacement
of stucco elements and vertical board and batten siding (where
needed) to match all other exterior alterations (colors) proposed on
north, south and west elevation
• No change to interior space for residential Unit R2
The applicant proposes this re-development in order to gain a more functional
commercial/retail floor plan by expanding and reconfiguring floor area on Level
One of both the Rucksack and Scott Buildings, and raising finished floor levels
and ceiling heights. With the addition of the Scott Building (to the north of the
Rucksack Condominiums Building) within the scope of the proposed re-
development project, the applicant is now proposing expansion of commercial
and residential square footage. Therefore, a primary goal of any re-development
of this combined site will be to increase retail floor area on the street level of both
buildings, expanding gross residential floor area (GRFA) on the second level,
and bringing both structures into compliance with current building and/or fire
codes and generally improving the exterior appearance of the building.
The applicant has provided calculations on the plans relative to gross commercial
and residential floor area within the existing and proposed structures. Briefly:
Existin Proposed Increase
Commercial 3,099 sq. ft. 3,378 sq. ft. 279 sq. ft.
Residential 2,220 sq. ft. 4,461 sq. ft. 2,241sq. ft.
Final review of the Bridge Street Building re-development project will address
regulations and guidelines provided in the following planning documents:
o A maior exterior alteration application pursuant to section 12-713-7 of Title
12, Town of Vail Municipal Code
0 12-18: Nonconforming Sites, Uses, Structures and Site Improvements
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0 12-22: View Corridors
o The Town of Vail Land Use Plan
o The Vail Village Master Plan;
o The Vail Village Urban Design Guide Plan;
o The Town of Vail Streetscape Master Plan Addendum
III. BACKGROUND
Project Overview
The Bridge Street Building re-development project is the comprehensive re-
development of the Rucksack Condominiums Building and the Scott Building,
located on part of Lots C and D, Block 5A Vail Village, Filing 1. This prominent
development site is generally located in the center of the Commercial Core 1
(CC1) District, within the historic Vail Village, at the mid-block section of Bridge
Street, and situated between the "A & D" Building to the north and the Red Lion
Condominium Building to the south. This area is further identified within the
"Mixed Use" land use designation of the Vail Village Master Plan, and is more
specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This
sub-area is described (in part) as follows:
"The core area, with it's predominantly Tyrolean architecture, is the site of
the earliest development in Vail. Over time, a need to upgrade and
improve infrastructure such as loading and delivery facilities, drainage,
paved surfaces and other landscape features has become apparent.
Many improvements to public spaces will be addressed as part of an
overall streetscape improvement project. There is also the potential to
initiate a number of these improvements in conjunction with private sector
development projects."
On August 27, 2007, the Town of Vail Planning and Environmental Commission
(PEC) voted unanimously to approve a major exterior alteration at the Rucksack
Condominiums Building. Since receiving PEC approval, the Applicant has
acquired the adjacent, one-story Burton Store retail space known as the "Scott
Building". The applicant's intent in presenting a new request for review of this
project is to specifically include the Scott Building within the scope of the project,
providing the applicant with needed access and egress from the Rucksack
Condominiums Building. As well, the addition of the Scott Building provides
additional development potential by way of increased site coverage and gross
residential floor area (GRFA), provides improved trash storage and removal on-
site, and allows for better construction coordination and code compliance within
the scope of the re-development of the Rucksack Condominium Building.
Building/Site History
The Rucksack Condominiums building was originally constructed in the early
1960's, has been remodeled several times starting in 1966 to add or expand
commercial and residential square footage and was further subdivided in 1978 to
create the "Rucksack Condominiums". The Rucksack Condominiums Building is
situated within "Parcels 1, 2, 3 and 4", part of Lot D, Block 5A, Vail Village Filing
1. The combined total area of the site (Lot D) is approximately .0943 acres
(4,108.85 sq. ft.) in size according to a survey completed by Peak Land
Consultants, dated November 30, 2007.
5
The date of original construction of the Scott Building is undetermined. The
space has been occupied as either a restaurant or retail establishment,
historically. Efforts to remodel and expand the existing structure have been
proposed in the past, although such plans were never pursued. The Scott
Building is situated within "Parcel B", a part of Lots C and D, Block 5A, Vail
Village Filing 1. The area of Parcel B totals .033 acres (1,468 sq. ft.), according
to a survey completed by Peak Land Consultants, dated November 30, 2007.
View Corridors
The Rucksack Condominiums Building, specifically the tower element of the
building, is referenced in Chapter 22, View Corridors, of the Vail Town Code, as
a prominent feature identified in (adopted) View Corridor #1.
Final Plan Submittal
Staff suggests that the level of detail and information provided for this stage of
review by the Commission is adequate to review overall issues of building design
and siting, as well as, any specific concerns or opportunities relative to bulk,
mass, building height, exterior materials.
Since initial approval of final plans for the Rucksack Condominiums Building on
August 27, 2007, the applicant has acquired the adjacent "Scott Building" with
the intent to re-develop that property in conjunction with the Rucksack
Condominiums re-development project. The addition of the Scott Building to the
overall scope of this re-development project has led to the following changes to
the plans for a major exterior alteration. Changes listed below address, in part,
building and/or fire code issues identified by Staff and made part of previous
conditions of approval:
• Revised plans to address building and fire code issues related to the
provision of legal egress to a public way (access easement behind the A&D
Building) from the Rucksack Condominiums Building, as well as, issues
related to zero lot line construction
• Revised plans for Rucksack Condominiums Building to remove trash storage
from area in front of the Burton Store, and relocate to the east (rear) of the
Burton Store
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning & Environmental Commission, Design Review Board, Town
Council, and Staff with regard to applications submitted on behalf of the
Applicant(s).
A. Exterior Alteration/Modification in the Lionshead Mixed-Use I
zone district
Order of Review:
Generally, applications will be reviewed first by the Planning and
Environmental Commission for impacts of use/development and then by
6
the Design Review Board for compliance of proposed buildings and site
planning.
Planninp and Environmental Commission:
The PEC shall review the proposal for:
- Conformance with development standards of zone district
- Lot area
- Setbacks
- Building Height
- Density
- GRFA (if applicable)
- Site coverage
- Landscape area
- Parking and loading
- Compliance with the goals and requirements of the Vail Village
Master Plan, the Streetscape Master Plan, and the Vail
Comprehensive (Land Use) Plan
- Compliance with the Vail Village Urban Design Guide Plan and
Vail Village Design Considerations with respect to the following:
- Pedestrianization
- Vehicular penetration
- Streetscape framework
- Street enclosure
- Street edge
- Building height
- Views
- Service/delivery
- Sun/shade analysis
Action/Responsibility:
The Planning and Environmental Commission is responsible for final
approval/denial of a Major/Minor Exterior Alteration. The Planning and
Environmental Commission shall review the proposal for compliance with
the adopted criteria. The Planning and Environmental Commission's
approval "shall constitute approval of the basic form and location of
improvements including siting, building setbacks, height, building
bulk and mass, site improvements and landscaping."
Desipn Review Board:
Action: The Design Review Board has no review authority on a Major or
Minor Exterior Alteration, but must review any accompanying Design
Review Board application.
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 applicable master plans and site specific 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
7
criteria and findings, and a recommendation on approval, approval with
conditions, or denial. Staff also facilitates the review process.
Town Council:
Actions of Design Review Board or Planning and Environmental
Commission may be appealed to the Town Council or by the Town
Council. Town Council evaluates whether or not the Planning and
Environmental Commission or Design Review Board erred with approvals
or denials and can uphold, uphold with modifications, or overturn the
board's decision.
V. APPLICABLE PLANNING DOCUMENTS
The following documents and/or specific sections of relevant zoning regulations,
ordinances, master plans and design guidelines have (in part) provided Staff with
criteria and findings pertinent to the review of this proposal. In certain instances,
Staff has highlighted specific key words, sentences or phrases that are
specifically relevant to review of the Bridge Street Building. This list is provided
for reference and use by the Planning and Environmental Commission while
reviewing the proposal and shall form the primary basis for any action by the
Commission to either approve, approve with conditions or deny the proposal:
Town of Vail Municipal Code, Title 12 Zoninp Requlations
Chapter 7- Commercial and Business Districts, Article B, Commercial Core 1
(CC1) District (in part)
12-78-1: PURPOSE:
The Commercial Core 1 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 1 District is intended to ensure adequate light, 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.
12-78-7: EXTERIOR ALTERATIONS OR MOD/FICATIONS (in part):
A. Subject To Review: The construction of a new building, the alteration of an
existing building which adds or removes any enclosed floor area, the
alteration of an existing building which modifies exterior rooflines, the
replacement of an existing building, the addition of a new outdoor dining deck
or the modification of an existing outdoor dining deck shall be subject to review
by the Planning and Environmental Commission (PEC) as follows (in part):
8
1. Application: An application shall be made by the owner of the building or
the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for condominiumized
buildings shall be authorized by the condominium association in
conformity with all pertinent requirements of the condominium
association's declarations.
12-78-20: VA/L VILLAGE URBAN DES/GN PLAN (in part):
A. Adoption: The Vail Village Urban Design Guide Plan and design
considerations are adopted for the purposes of maintaining and
preserving the character and vitality of the Vail village (CC1) and to
guide the future alteration, change and improvement in CC1 district.
12-18-5: STRUCTURE AND SITE IMPROVEMENT (in part)
Structures and site improvements lawfully established prior to the effective date
hereof which do not conform to the development standards prescribed by this
title for the zone district in which they are situated may be continued.
A. Lot and Structure Requirements: Structures or site improvements
which do not conform to requirements for setbacks, distances
between buildings, height, building bulk control, or site coverage, may
be enlarged; provided, that the enlargement does not further increase
the discrepancy between the total structure and applicable building
bulk control or site coverage standards; and provided that the addition
fully conforms with setbacks, distances between buildings, and height
standards applicable the addition
Chapter 22 - View Corridors (in part)
12-22-1: PURPOSE
The town believes that preserving certain vistas is in the interest of the town's
residents and guests. Specifically, the town believes that:
A. The protection and perpetuation of certain mountain views and other
significant views from various pedestrian public ways within the town will
foster civic pride and is in the pubic interest of the town.
B. It is desirable to designate, preserve and perpetuate certain views for
the enjoyment and environmental enrichment for the residents and guests
of the town.
C. The preservation of such views will strengthen and preserve the town's
unique environmental heritage and attributes.
D. The preservation of such views will enhance the aesthetic and
economic vitality and values of the town.
E. The preservation of such views is intended to promote design which is
compatible with the surrounding natural and built environment, and is
intended to provide for natural light to buildings and in public spaces in the
vicinity of the view corridors.
9
F. The preservation of such views will include certain focal points such as
the Clock Tower and Rucksack Tower, which serve as prominent
landmarks within Vail village and contribute to the community's
unique sense of place.
12-22-3: LIM/TATIONS ON CONSTRUCT/ON (in part):
No part of a structure shall be permitted to encroach into any view corridor set
forth in this chapter unless an encroachment is approved in accordance with
section 12-22-6.
12-22-4: ADOPTION OF VIEW CORRIDORS (in part):
A. View Point #1: A view from the south side of the Vail Transportation
Center from the main pedestrian stairway looking toward the Clock Tower,
232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the
ski slopes. (Please see Attachment D- pg. 19)
12-22-6: ENCROACHMENTS INTO EXIST/NG V/EW CORRIDORS (in part)
An application for approval to encroach into an existing view corridor may be
initiated by the town council on its own motion, by the planning and
environmental commission on its own motion, [or by application of any
resident or property owner in the town,] or by the administrator or his/her
designee.
12-22-7: NONCONFORMING STRUCTURES (in part)
A. Removal Of Encroachments Encouraged; Exceptions: Any structure which
presently encroaches into an existing view corridor which was lawfully
authorized by ordinances or regulations existing prior to the effective date
hereof may continue. However, such encroachments will be encouraged
to be removed as part of any remodeling or reconstruction of the structure.
In the case of certain focal points, such as the C/ock Tower and
Rucksack Tower, the town recognizes their importance to the
character of Vail Village and to the quality of the urban design of the
Vail Village. Notwithstanding their nonconforming status, the town
does not encourage their removal.
12-22-8: HE/GHT L/M/TAT/ONS (in part):
If the maximum height allowed in any zone district within the town differs
from the height permitted by a view corridor, the more restrictive height
limitation shall apply. (In this instance, the Applicant should provide additional
information relative to maximum heights to be dictated by established view
corridors as compared with the building height restrictions set forth in the Vail
Village Urban Design Guide Plan).
10
Vail Land Use Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day skiers.
3.0 Commercial
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
3.5 Entertainment oriented business and cultural activities should be
encouraged in the core areas to create diversity. More nighttime
11
businesses, on-going events and sanctioned "street happenings" should
be encouraged.
4.0 Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily
in existing commercial areas. Future commercial development in
the Core areas needs to be carefully controlled to facilitate access
and delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough implementation of
the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Vail Villaqe Master Plan
The Vail Village Master Plan is based on the premise that the Village can be
planned and designed as a whole. The Vail Village Master Plan is intended to be
consistent with the Vail Village Urban Design Guide Plan, and along with the
Guide Plan, it underscores the importance of the relationship between the built
environment and public spaces. Furthermore, the Master Plan provides a clearly
stated set of goals and objectives outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements. While there
is a certain amount of overlap between these six goals, each focuses on a
particular aspect of the Village and the community as a whole. A series of
objectives outline specific steps that can be taken toward achieving each stated
goal. Policy statements have been developed to guide the Town's decision-
making in achieving each of the stated objectives. The Bridge Street Building is
located within the Commercial Core 1 Sub-Area #3 of the Master Plan.
12
A series of objectives outline specific steps toward achieving each stated goal.
Policy statements have been developed to guide the Town's decision-making in
achieving each of the stated objectives, whether it be through the review of
private sector development proposals, or in implementing capital improvement
projects. (Listed in part):
Goal #1 Encourage high quality redevelopment while preserving the
unique architectural scale of the Village in order to sustain its
sense of community and identity.
1.2 Obiective: Encourage the upgrading and redevelopment of
residential and commercial facilities.
1.3 Obiective: Enhance new development and redevelopment through
public improvements done by private developers working in cooperation
with the Town.
1.3.1 Policv: Public improvements shall be developed with the
participation of the private sector working with the Town.
Goal #2 To foster a strong tourist industry and promote year-round
economic health and viability for the Village and for the
community as a whole.
2.1 Obiective: Recognize the variety of land uses found in the 10 sub-
areas throughout the Village and allow for development that is
compatible with these established land use patterns.
2.2 Obiective: Recognize the "historic" commercial core as the main
activity center of the Village.
2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan
shall be the primary guiding document to preserve the existing
architectural sca/e and character of the core area of Vail Village.
2.4 Obiective: Encourage the development of a variety of new
commercial activity where compatible with existing land uses.
2.4.1 Policy: Commercial infill development, consistent with
established horizontal zoning regulations shall be encouraged to
provide activity generators, accessible green spaces, public plazas,
and streetscape improvements to the pedestrian network throughout the
Village.
2.5 Oblective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better
serve the needs of our guests.
13
2.5.2 Policv: The Town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate building
renovations without compromising life, health and safety considerations.
2.6 Obiective: Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policv: Employee Housing; units may be required as part of any
new or redeveloped project requesting density over that allowed by
existing zoning.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Obiective: Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policv: Private development projects shall incorporate
streetscape improvements (such as paver treatments, landscaping,
lighting and seating areas), along adjacent pedestrian ways.
3.1.3 Policv: Flowers, trees, water features and other landscaping shall
be encouraged throughout the Town in locations adjacent to, or visible
from, public areas.
Goal #4 To preserve existing open space areas and expand
greeenspace opportunities
4.1 Obiective: Improve existing open space areas and create new
plazas with greenspace and pocket parks. Recognize the different roles
of each type of open space in forming the overall fabric of the Village.
4.1.2 Policv: The development of new public plazas, and improvements
to existing plazas (public art, streetscape features, seating areas,
etc.) shall be strongly encouraged to reinforce their roles as attractive
people places.
Goal #6 To insure the continued improvement of the vital operational
elements of the Village.
6.2 Obiective: Provide for the safe and efficient functions of fire,
police and public utilities within the context of an aesthetically pleasing
resort setting.
6.2.2 Policv: Minor improvements (landscaping, decorative paving, open
dining decks, etc.), may be permitted on Town of Vail land or right-of-way
14
(with review and approval by the Town Council and Planning and
Environmental Commission when applicable) provided that Town
operations such as snow removal, street maintenance and fire
department access and operation are able to be maintained at
current levels. Specia/ design (i.e. heated pavement), maintenance
fees, or other considerations may be required to offset impacts on
Town services.
Vail Villape Urban Desiqn Guide Plan
This Guide Plan represents collective ideas about functional and aesthetic
objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to
suggest the nature of improvements desired. It is based on a number of urban
design criteria determined to be appropriate for guiding change in the Vail
Village. The Guide plan is intended to be a guide for current planning in both the
public and private sectors. The Guide Plan establishes the Clock Tower building
within the Gore Creek Drive/Bridge Street Sub-Area.
Town of Vail Streetscape Master Plan -Addendum
The Vail Village and Meadow Drive Streetscape projects represent the strategic
steps of a 20 year planning effort to upgrade and enhance the physical character
and pedestrian experience in Vail. These projects develop the concepts
originating from previous planning efforts (1991 Town of Vail Streetscape Master
Plan) into a comprehensive and complete streetscape design.
VI. ZONING ANALYSIS
Staff has completed a zoning analysis of proposal in relation to the land use
requirements outlined in Title 12, Zoning Regulations of the Vail Town Code.
This analysis includes existing and proposed development standards for the
combined lot area of Lots C and D, Block 5A, Vail Village Filing 1:
Street Address: 288 Bridge Street
Parcel Numbers: 210108244003
210108244004
210108244005
210108241002
Zoning: Commercial Core 1(CC1) zone district
Lot Area (combined): 5,577 square feet (.12 acres)
Land Use Plan Designation: Mixed Use
Current Land Use: Mixed Use Development
Development Standard Allowed/Required Existin Proposed
Buildable Lot Area: 5,000 sq. ft. (min.) 5,577 sq.ft. No Change
Setbacks: None Required (or unless specified
otherwise in the VVMP) *
15
Building Height: 60% at 33 ft. or less 56% No Change
40% at 33 ft. to 43 ft. 37% No Change
Density: DU's- 25 D.U.s/acre (3 units) 2 3
dwelling units AU's- 50 A.U./acre (6 units) None None
GRFA: 80% or 2,220 sq. ft. 4,461 sq. ft.
4,462 sq. ft.
Site Coverage: 80% (max.) or
4,462 sq. ft. 4,153 sq. ft. 4,458 sq. ft.
Landscape Area: Per the Vail Village
Urban Design Guide Plan
Parking: Pay-in-Lieu (12-713-17)** 0 on-site No Change
Loading: 1 berth 0 on-site Off-site
Notes:
' Setbacks vary around the development site depending on the location of the "build-to-line°
specified in the Vail Village Master Plan; Section 12-14-17, Setbacks to Watercourses, Vail
Town Code, stipulate a 30' setback to the centerline of Mill Creek.
" Pay-in-lieu fee not applicable - development proposal reduces parking requirement for site.
VII. SURROUNDING LAND USES
Land Use Zoninq
North: Mixed Use Development* Commercial Core 1(CC1)
South: Mixed Use Development* Commercial Core 1(CC1)
East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR)
West: Mixed Use Development Commercial Core 1(CC1)
Note:
Adjacent buildings located to the north and south of this site (zero lot line) will be impacted
by this proposed redevelopment; Applicant will be required to meet all code requirements
relative to zero lot line development and the Applicant is advised that coordination with
adjacent property owners will be critical to the successful re-development of this site.
VIII. REVIEW CRITERIA AND FINDINGS
12-78-7: EXTERIOR ALTERAT/ON OR MODIF/CAT/ONS
6. COMPLIANCE W/TH COMPREHENSIVE APPLICABLE PLANS:
Compliance with Comprehensive Applicable Plans: It shall be the burden
of the applicant to prove by a preponderance of the evidence before the
planning and environmental commission that:
1. The proposed exterior alteration is in compliance with the
purposes of the CC1 district as specified in section 12-713-1 of
this article;
16
Staff response:
Staff believes the proposed exterior alteration is in compliance with the
purposes of the CC1 zone district.
Specifically, the purpose of the Commercial Core 1(CC1) District is:
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 1 District is intended to ensure adequate light,
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."
Staff believes this major exterior alteration will:
• Maintain the unique character of the Vail Village commercial area,
and;
• Ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrian ways and
greenways, and;
• Ensure continuation of the building scale and architectural qualities
that distinguish the Village.
2. The proposal is consistent with applicable elements of the Vail
Village Master Plan, the Town of Vail Streetscape Master Plan,
and the Vail Comprehensive Plan;
Staff response:
Staff believes the proposed exterior alteration is consistent with all
applicable elements of the Vail Village Master Plan, the Town of Vail
Streetscape Master Plan, and the Vail Comprehensive Plan.
Specifically, the design represents a"high quality" of re-development while
preserving, in general, the unique architectural scale of the Village. This
aspect of the project enhances the sense of community and identity
apparent in the Village Core. Staff believes the inclusion of the Scott
Building in the re-development of the Rucksack Condominiums Building
enhances the project and presents the opportunity to improve access,
egress and trash storage and removal, as well as, enhance building
massing and scale relative to surrounding structures. Further, the Vail
Village Master Plan calls for variation in roof heights within a range of
allowed building heights; the current proposal meets this intent (to create
variation in roof heights) by providing a new open gable roof form on the
West (Bridge Street) elevation, and introducing a new two-story element
above the Scott Building. Lastly, the proposal preserves existing "activity
17
pockets" along Bridge Street as identified in the Town of Vail Streetscape
Master Plan.
3. The proposal does not otherwise negatively alter the character
of the neighborhood;
Staff response:
Staff believes the proposed exterior alteration does not otherwise
negatively alter the character of the neighborhood. The project, when
viewed in context with surrounding structures, is consistent with and will
improve the quality and design characteristics of the surrounding
neighborhood. Specifically, the forms, materials and detailing of the
proposed improvements are consistent with the historic nature of the
surrounding built environment and will reinforce specific design
characteristics apparent in the Village Core. Further, view corridors will not
adversely be impacted, and a sun/shade analysis has been provided
demonstrating that the additions will not significantly increase shadow
patterns within adjacent public spaces.
However, Staff recommends the following issues remain outstanding and
must be addressed by the applicant prior to or concurrent with the DRB
review.
Integration of exterior remodel design and materials
The applicant only proposes to change exterior materials on the front
portion of the Rucksack Condominiums Building (south, west and north
elevations). All other portions of the building (excluding the roof elements
which will receive new DaVinci composite shakes) are to be updated via
paint, new light fixtures and refurbished and or replaced decks and
railings. Staff suggests that, overall, the proposed exterior materials and
detailing are appropriate and will greatly enhance the appearance of the
structures.
However, Staff suggests that the Design Review Board review all
proposed exterior materials, textures, sizes, colors and detailing relative to
the entire building to ensure that all new materials blend or compliment
those materials not being replaced and that any portions of the building
that need repair and/or replacement are included in the scope of this
project.
Exterior Signage
The applicant will be required to submit plans for a comprehensive exterior
sign program pursuant to Section 11-8-2, Vail Town Code, prior to
installation of any new signs on the building.
Exterior Lighting
Although the plans submitted generally call out proposed locations for new
light fixtures, staff suggests that the applicant be required to submit a
detailed and final lighting plan, showing all existing light fixtures to be
removed, as well as all new fixture locations, fixture types and
lumens/output. Such plan should be submitted with any DRB application
18
for review and shall be accompanied by cut sheets for each proposed
fixtu re.
4. The proposal substantially complies with the Vail Village
Urban Design Guide Plan and the Vail Village Design
Considerations, to include but not be limited to, the following
urban design considerations: pedestrianization, vehicular
penetration, streetscape framework, street enclosure, street
edge, building height, views, service/delivery and sun/shade
analysis; and,
Staff response:
Staff believes the proposed exterior alteration, in general, substantially
complies with the Vail Village Urban Design Guide Plan and the Vail
Village Design Considerations, specifically with the following applicable
Design Considerations:
Streetscape Framework
The Guide Plan states the following (in part):
"To improve the quality of the walking experience and give
continuity to the pedestrian ways...two general types of
improvements adjacent to the walkways are considered:
2. Infill commercial storefronts expansion of existing
buildings, or new infill development to create new
commercial activity generators to give street life and visual
interest, as attractions at key locations along pedestrian
routes. "
Staff believes the proposed design meets the specific intent of these
Design Considerations - of creating new commercial activity generators,
and creating visual interest at a key location along a prominent pedestrian
route.
Street Enclosure
The Guide Plan states the following (in part):
"While building fagade heights should not be uniform from building
to building, they should provide a"comfortable" enclosure for the
street. "
Further, that:
"Pedestrian streets are outdoor rooms whose walls are formed by
the buildings. The shape and feel of these `rooms' are created by
the variety of heights and massing (three-dimensional variations)
which give much of the visual interest and pedestrian scale unique
to Vail. "
19
Staff believes the proposed design, specifically the massing, bulk and
forms meet the intent of these Design Considerations. Specifically, the
forms, fagade heights and setbacks reinforce, or generally enhance, the
three-dimensional variations apparent in the built form along Bridge Street.
In addition, Staff has analyzed the ratio of increased fagade height to the
width of Bridge Street (as an `outdoor room') and has found that the design
continues to provide a comfortable enclosure, on average (i.e. fagade is
generally'/2 as high as the width of the space enclosed).
Street Edqe
The Guide Plan states the following (in part):
"Buildings in the Village Core should form a strong but irregular
edge to the street."
Further, that:
"Consistent with the desire for intimate pedestrian scale, placement
of portions of a building at or near the property line is allowed and
encouraged to give strong definition to the pedestrian streets."
Staff believes the proposed design meets the intent of these Design
Considerations by introducing additional mass in the form of a second
story addition at or near the property line between Lot D and the Town of
Vail Right-of-Way (Bridge Street). Also, the proposed design reinforces
the existing "strong but irregular edge to the street" by stepping forms both
laterally and vertically as viewed from the pedestrian level of Bridge Street.
Buildinq Heiqht
The Guide Plan states the following (in part):
"Basically, the Village Core is perceived as a mix of two and three
story facades, although there are a/so four and five story buildings.
The mix of building heights gives variety to the street, which is
desirable. The height criteria are intended to encourage height and
massing variety and to discourage uniform building heights along
the street."
Further, that:
111. Up to 60% of the building...may be built to a height of 33
feet or less.
2. No more than 40% of the building...may be built to a
height of 33 feet, but not higher than 43 feet. "
Staff believes the proposed design meets the intent of these Design
Considerations. Specifically, the Applicant proposes to add building height,
bulk and mass to two existing, adjacent structures in a manner that is
respectful to the existing structures, as well as, adjacent structures. The
design furthers the intent to "to encourage height and massing variety and
20
to discourage uniform building heights along the streeY', and the design
specifically adheres to the recommended height guidelines prescribed as
percentages of overall building heights.
Views
The Guide Plan states the following (in part):
"Vail's mountain/valley setting is a fundamental part of its identity.
Views of the mountains, ski slopes, creeks and other natural
features are reminders of the mountain environment and, by
repeated visibility, are orientation reference points. "Certain
building features also provide important orientation references and
visual focal points. The most significant view corridors have been
adopted as part of Chapter 12-22 of the Vail Municipal Code."
Further, that:
"Views that should be preserved originate from either major
pedestrian areas or public spaces, and include views of the ski
mountain, the Gore Range, the Clock Tower, the Rucksack Tower
and other important man-made and natural elements that
contribute to the sense of place associated with Vail."
Staff believes the proposed design will not adversely affect any identified
view corridors. Specifically, although the applicant proposes to re-roof the
tower element of the existing Rucksack Condominiums Building, no
substantive changes are proposed that will affect the design or height of
the tower or present any other impediment (new/raised roof structures on
the Rucksack Condominiums Building and Scott Building) within
mapped/surveyed View Corridor No. 1.
Service and Deliverv
The Guide Plan states the following (in part):
`Any building expansion should preserve the functions of existing
service alleys. "
Further, that:
"In all new and remodeled construction, delivery which avoids or
reduces impacts on pedestrian ways should be explored and
adopted whenever practical for immediate and future usage. Rear
access, basement and below-ground delivery corridors reduce
congestion. "
Staff believes the proposed design meets the intent of this Design
Consideration. Specifically, with the addition of the Scott Building to this re-
development project, the applicant is now able to provide enhanced trash
storage and removal service at the rear (east) side of the combined
property, via an access way and easement leading to Gore Creek Drive to
21
the north. This removes trash storage and removal from the front (west)
side of the Burton Store.
Sun/Shade
The Guide Plan states the following (in part):
`All new or expanded building should not substantially increase the
spring and fall shadow pattern (March 21 through September 23)
on adjacent properties or the public ROW. In all new building
construction, shade shall be considered in massing and overall
height considerations. Notwithstanding, sun/shade consideration
are not intended to restrict building height allowances, but rather to
influence the massing of buildings. "
Further, that:
`Additions to existing buildings may be created in several ways to
avoid extending shadow patterns."
Staff believes the proposed design, although increasing the spring and fall
shadow pattern slightly, meets the intent of this Design Consideration.
5. The proposal substantially complies with all other elements of
the Vail Comprehensive Plan.
Staff response:
Staff believes the proposed design complies with all other elements of the
Vail Comprehensive Plan.
However, Staff recommends that the following issues remain outstanding
and must be addressed by the Applicant prior to or concurrent with any
building permit submittal:
Building and Fire Code Analysis
The Applicant should be required to resolve any and all issues related to
building code and fire code compliance, including egress issues and zero
lot line construction, as part of a comprehensive building and fire code
analysis submitted to the Town.
Employee Housing Provision
In February of 2007, the Town Council passed Ordinances No. 7 and No.
8, Series of 2007, which enacted regulations for the provision of employee
housing units through several possible mitigation methods for all projects
in the Commercial Core 1(CC1) District. Within these ordinances a nexus
was established between commercial and residential development and the
generation of employees was established. In adopting these ordinances a
methodology was established to determine the impact of a commercial and
residential development on the need for employee housing at a goal of
providing 30% of the housing generated by a project.
22
Furthermore, the following provisions have been made for meeting the
requirement for providing employee housing through several different
options or combination of options. The options include:
• Provision of on-site units;
• Conveyance of property on-site;
• Provision of off-site units;
• Payment of fees-in-lieu; and
• Conveyance of property off-site
A proposed development or redevelopment may choose to propose any of
the above options or combination of options. Within the two Ordinances, the
Planning and Environmental Commission was given the authority to review
an applicant's proposal for mitigating the employee generation of a project
and grant approval of the proposal. There are some specific instances
were the Town Council must also accept the proposal for mitigating the
employee requirement generated by a project.
The Staff has reviewed the proposal for compliance with Ordinance No.(s)
7 and 8, Series of 2007, and calculates the mitigation requirement for the
proposed Bridge Street Building project, as follows:
Residential Mitiqation Calculation:
2,241 sq. ft. (new/additional) GRFA x 10% = 224.1 sq. ft. mitigation required
224.1 sq. ft. x$236.65/sq. ft. _$53.033.30 payment-in-lieu required
Commercial Mitiqation Calculation:
279 sq. ft. (new/additional) commercial space
279 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area =.66
.66 employee mitigation requirement x $131,385.00 = $86.714.10
Total Mitigation Required:
Residential Mitigation: $53,033.30
Commercial Mitiqation: $86,714.10
Total: $139,747.40
Currently the Town has no plan for the funds that may be collected from the
payment-in-lieu option for mitigating housing requirements. Funds collected
from this option could be used to construct units or to purchase units and
then resell them after placing a deed restriction upon the property and
selling them for a more affordable price.
23
Parking Mitigation (pay-in-lieu)
Staff has calculated the following changes to the parking requirement for
the Rucksack Condominiums and Scott Buildings, based on the proposed
plans to convert existing office space to residential uses, and to expand
existing commercial uses and according to "Schedule A" Vail Town Code:
New/Current Parkinq Requirement
New Residential Unit: 1.4 spaces per (new) unit
New Commercial Sq. Ft. 279 sq. ft. (new)
x 2.3 spaces/1000 sq. ft(net floor area)
_ .7 spaces
Total New Parking: 1.4 spaces
+ .7 spaces
= 2.1 saaces
Existinq Parkinq Requirement (Credit)
Office Area Removed: 1,405 sq. ft.
x 2.7 spaces/1000 sq. ft. (net floor area)
= 3.8 spaces (eliminated)
Credit: 3.8 spaces eliminated
- 2.1 spaces required
= 1.7 saaces credited
Based on the above calculations, Staff believes that the applicant is not
required to pay-in-lieu for any additional required parking.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions a major exterior
alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail
Town Code, to allow for the redevelopment of the Rucksack Condominium
Building and the Scott Building, located at 288 Bridge Street, part of Lot C and
Lot D, Block 5A, Vail Village Filing 1. Staff's recommendation is based upon the
review of the criteria found in Section VIII of this memorandum and the evidence
and testimony presented.
Should the Planning and Environmental Commission choose to approve this
major exterior alteration, the Department of Community Development
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves, with conditions,
the Applicant's request for a major exterior alteration, pursuant to Section
12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow
for the redevelopment of the Rucksack Condominium Building and the
Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,
Block 5A, Vail Village Filing 1, and setting forth details in regard thereto."
24
Should the Planning and Environmental Commission choose to approve this
major exterior alteration, the Community Development Department suggests the
following conditions:
1. The Developer shall be required to provide a building code and fire code
analysis with any submittal for building permit,
2. The Developer shall address any and all issues and provide all necessary
details related to trash storage and access located on the east side of the
Bridge Street Building (a.k.a. The Rucksack Condominiums Building and
Scott Building), in conjunction with any Design Review application.
3. The Developer shall resolve all issues regarding drainage from the existing
and proposed building(s) on to adjacent properties; the provision of
gutters, downspouts and other drainage methods tied into existing Town of
Vail storm sewer improvements may be required as revisions to building
permit set of drawings with any building permit application.
4. The Developer shall submit final details in conjunction with any Design
Review application for final review, depicting any and all necessary
hardscape, grading and drainage improvements at the rear (east) side of
the combined properties, for the specific purpose of providing adequate
and code compliant egress from the Rucksack Condominiums Building to
a public way.
5. The Developer shall ensure that all new materials, sizes, textures, detailing
and colors blend or compliment those materials not being replaced and
that any portions of the building that need repair and/or replacement are
included in the scope of this project in conjunction with any Design Review
application.
6. The Developer shall submit a Design Review application for any and all
new exterior signage for the property; a sign program pursuant to Section
11-8-2, Vail Town Code will be required.
7. The Developer shall be required to submit a detailed and final lighting plan,
showing all existing light fixtures to be removed, as well as all new fixture
locations, fixture types and lumens/output; such plan should be
accompanied by cut sheets for each proposed fixture in conjunction with
any Design Review application.
8. That the Developer pays in full, the employee housing mitigation fee of
$139,747.40 prior to the issuance of the building permit for The Bridge
Street Building project.
9. The Developer shall, within 24 hours following any action by the Planning
and Environmental Commission to approve File No. PEC070076, present
to the Town of Vail Community Development Department a plan to
mitigate and otherwise rectify the existing conditions of the Rucksack
commercial space. Such plan shall be implemented within forty-eight (48)
hours of any such final approval by the Planning and Environmental
Commission and shall specify the means of providing screening or other
window covering, treatment or concealment on all windows with visibility
from, and/or frontage on Bridge Street for the purpose of concealing any
and all unsightly construction activity occurring within the commercial
space located at 288 Bridge Street.
25
X. ATTACHMENTS
A. Vicinity Map
B. View Corridor Image - View No. 1
C. Site Development Calculations by Fritzlen Pierce Architects
D. Reduced Plan Set dated December 17, 2007
26
Attachment A
~ Major Exterior Alteration - Rucksack and Scott Buildings
2$8 Briclge 8treet, Lots Cancl D. Block 5A Vail Vllage Filing 1(PEC 07-4476)
Planning and Environmental Coinmission - Jan 14, 2008
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapters 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto. (PEC070075)
Applicant: Town of Vail, represented by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
1. Summarv
The applicant, Town of Vail, is requesting the Planning and Environmental
Commission forward a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations
amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary
Zoning, Vail Town Code, to establish standards and criteria related to mitigating
employee housing requirements, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this
memorandum and the evidence and testimony presented, the Community
Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council
for the proposed text amendments, subject to the findings noted in Section VI of
this memorandum.
II. Backqround
On April 3, 2007, the Vail Town Council adopted Ordinances No. 7 and No. 8,
Series of 2007, established Commercial Linkage and Inclusionary Zoning for the
purpose of mitigating employee housing impacts resulting from development
within the Town of Vail. Ordinances No. 7 and No. 8 allow for four mitigation
methods. The mitigation methods include providing the requisite mitigation on-
site, off-site, via the dedication of land-in-lieu, and via the payment of fee-in-lieu.
These Ordinances require developers to submit an Employee Housing Plan,
utilizing any of the four mitigation methods, for Planning and Environmental
Commission review. The Commission shall approve, approve with modifications,
or deny an Employee Housing Plan; unless the development is located within a
Special Development District or includes a request to convey property. In such
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapters 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto. (PEC070075)
Applicant: Town of Vail, represented by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
1. Summarv
The applicant, Town of Vail, is requesting the Planning and Environmental
Commission forward a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations
amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary
Zoning, Vail Town Code, to establish standards and criteria related to mitigating
employee housing requirements, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this
memorandum and the evidence and testimony presented, the Community
Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council
for the proposed text amendments, subject to the findings noted in Section VI of
this memorandum.
II. Backqround
On April 3, 2007, the Vail Town Council adopted Ordinances No. 7 and No. 8,
Series of 2007, established Commercial Linkage and Inclusionary Zoning for the
purpose of mitigating employee housing impacts resulting from development
within the Town of Vail. Ordinances No. 7 and No. 8 allow for four mitigation
methods. The mitigation methods include providing the requisite mitigation on-
site, off-site, via the dedication of land-in-lieu, and via the payment of fee-in-lieu.
These Ordinances require developers to submit an Employee Housing Plan,
utilizing any of the four mitigation methods, for Planning and Environmental
Commission review. The Commission shall approve, approve with modifications,
or deny an Employee Housing Plan; unless the development is located within a
Special Development District or includes a request to convey property. In such
1
cases, the Town Council shall approve, approve with modifications, or deny the
proposed Employee Housing Plan.
At its December 11, 2007, public hearing, the Planning and Environmental
Commission direct Staff to bring forward recommendations for amendments to
Ordinances No. 7 and No. 8, Series of 2007, to better define the Commission's
role in reviewing Employee Housing Plans. At this hearing a Commissioner
suggested the lack of available or developable land in Vail creates a need to
locate employee housing mitigation on-site.
The Commission also directed Staff to inform the Commission on how the
collected fee-in-lieu funds will be allocated. One Commissioner suggested
creating a down payment assistance program or subsidy with the fee-in-lieu
collections.
The Town of Vail Housing Authority discussed the Commission's request at their
December 12, 2007, meeting. Recognizing that the availability land within the
Town of Vail is a significant hurdle for the development of new employee housing
units, the Housing Authority recommends Sections 12-23-6 and 12-24-6,
Methods of Mitigation, for Commercial Linkage and Inclusionary Zoning, Vail
Town Code, be modified to require at least 50% of the requisite mitigation for
employee housing be provided on-site. The construction of on-site employee
housing is one of the few opportunities to produce new employee housing units
within the Town.
The Housing Authority recommends the following exceptions be applied to the
on-site mitigation requirement:
1) If less than one employee is required to be housed by
Commercial Linkage;
2) If less than 350 square feet are required to be deed restricted
by Inclusionary Zoning; and
3) If the proposed development or redevelopment is not
new construction or a demo/rebuild.
The Housing Authority recommends the remaining 50% of the requisite
employee housing mitigation be accommodated with an Employee Housing Plan
utilizing, without preference, any of the four approved methods (off-site units,
paying a fee-in-lieu, providing land-in-lieu, and/or providing additional on-site
units). The proposed text amendments will require the Commission to approve,
approve with modifications, or deny a Employee Housing Plan based upon the
purposes of the applicable zoning regulations and the objectives of the Vail
Comprehensive Plan.
The Housing Authority believes that while on-site employee housing is important,
the Town will also benefit from the provision of off-site deed restricted employee
housing. While this may, or may not, produce new units, it will likely ensure that
existing units will remain employee occupied in the future. Of the estimated
1,500 existing employee occupied units within the Town of Vail, 876 are not deed
restricted to ensure future occupancy by employees. According to the Eagle
County Assessor's records, local residents own only thirty-two percent (32%) of
2
the homes within the Town of Vail. Additionally, real estate trends continue to
increase the incentive to convert existing employee occupied rentals or for-sale
units to vacation or second homes. Off-site employee housing units will likely be
dispersed throughout the Town and will provide a diversity of living experiences
that would not be achieved if all required employee housing mitigation was built
on-site.
The Housing Authority believes generating dedicated funds for new employee
housing is also important. Such funds will provide the Town the flexibility needed
to address the Communities ever evolving employee housing needs. These
dedicated funds will provide the Town an opportunity to increase the number of
employee housing units and/or increase the affordability of employee housing
units anticipated to be constructed with the redevelopment of Timber Ridge and
the development of the Chamonix Site.
III. Description of the Request
Staff is requesting that the following changes be made to Section 12-23-6,
Methods of Mitigation, Vail Town Code (text that is to be deleted is 44skeg, text
that is to be added is bold, and sections of text that are not amended may be
omitted):
12-23-6: METHODS OF M/TIGATION:
A. For new construction and demo/rebuild development projects, a
minimum of fifty percent (50%) of the requisite mitigation of
employee housing shall be constructed on site. All on site EHUs
shall be deed restricted in accordance with this chapter. This on site
requirement shall not apply to mitigation requirements for /ess than
one full employee.
B.,4 Any remaining -T4e mitigation of employee housing required by this
chapter shall be accomplished through one of the following methods:
1. On Site Units:
a. The requisite number of EHUs, or a portion thereof, may be
constructed on site, provided that all on site EHUs are deed
restricted in accordance with this chapter.
b. At the sole discretion of the planning and environmental
commission, an applicant may provide on site dormitory units,
unless the application is for a special development district, in
which case, the town council, in its sole discretion, may accept
dormitory units as a method of mitigation.
2. Conveyance Of Property On Site: An applicant may convey on site
real property to the town on which no covenants, restrictions or issues
exist that would limit the construction of EHUs, at the sole discretion
of the town council.
3
3. Off Site Units:
a. The requisite number of EHUs, or a portion thereof, may be
provided off site within the town, provided that such EHUs are
deed restricted in accordance with this chapter.
b. At the sole discretion of the planning and environmental
commission, an applicant may provide off site dormitory units,
unless the application is for a special development district, in
which case, the town council, in its sole discretion, may accept
dormitory units as a method of mitigation.
4. Payment of Fees in Lieu: The planning and environmental
commission may approve payment of a fee in lieu for each employee
to be housed, or a portion thereof, required by this chapter.
a. The fee in lieu for each employee to be housed shall be
established annually by resolution of the town council,
provided that, in calculating that fee, the town council shall
include the net cost (total cost less the amount covered by
rental or sale income) of real property and all related planning,
design, site development, legal, construction and construction
management costs of the project, in current dollars, which
would be incurred by the town to provide housing for the
employee to be housed in that year.
b. An administrative fee, established by resolution of the town
council, shall be added to the amount set forth in subsection
A4a of this section.
c. Fees in lieu shall be due and payable prior to the issuance
of a building permit for the development.
d. The town shall only use monies collected from fees in lieu to
provide new employee housing.
5. Conveyance Of Property Off Site: The town council may, at its
sole discretion, accept the conveyance of property off site in lieu of
requiring the provision of EHUs, provided that no covenants,
restrictions or issues exist on such property that would limit the
construction of EHUs.
C.B-. Partial fees in lieu shall be paid when the calculation to determine
the number of employees generated under this chapter results in a
fractional number of employees.
Staff is requesting that the following changes be made to Section 12-23-8,
Administration, Vail Town Code (text that is to be deleted is s#riskap, text that is
to be added is bold, and sections of text that are not amended may be omitted):
4
12-23-8: Administration (in part)
C. The Planning and Environmental Commission shall approve, approve
with modifications or deny an employee housing plan unless the plan is
located within a special development district or includes a request to
convey property, in which case the Town Council shall approve, approve
with modifications, or deny the employee housing plan. The
Commission, and/or Town Council, shall make findings that the
employee housing plan conforms to the general and specific
purposes of this title, and that the plan is compatible with the
applicable elements of the Vail Comprehensive Plan and the
development objectives of the Town.
Staff is requesting that the following changes be made to Section 12-24-6,
Methods of Mitigation, Vail Town Code (text that is to be deleted is s#~=isksq, text
that is to be added is bold, and sections of text that are not amended may be
omitted):
12-24-6: METHODS OF MITIGATION:
A. For new construction and demo/rebuild development projects, a
minimum of fifty percent (50%) of the requisite mitigation of
employee housing shall be constructed on site. All on site EHUs
shall be deed restricted in accordance with this chapter. This on site
requirement shall not apply to mitigation requirements for less than
three hundred and fifty (350) square feet.
B.y4 Any remaining -T4e mitigation of employee housing required by this
chapter may be accomplished through one of the following methods:
1. On Site Units:
a. The requisite number of EHUs, or a portion thereof, may be
constructed on site, provided that all on site EHUs are deed
restricted in accordance with this chapter.
b. At the sole discretion of the planning and environmental
commission, an applicant may provide on site dormitory units,
unless the application is for a special development district, in
which case, the town council, in its sole discretion, may accept
dormitory units as a method of mitigation.
2. Conveyance Of Property On Site: An applicant may convey on site
real property to the town of Vail on which no covenants, restrictions or
issues exist that would limit the construction of EHUs, at the sole
discretion of the town council.
3. Off Site Units:
5
a. The requisite number of EHUs, or a portion thereof, may be
provided off site within the town, provided that such EHUs are
deed restricted in accordance with this chapter.
b. At the sole discretion of the planning and environmental
commission, an applicant may provide off site dormitory units,
unless the application is for a special development district, in
which case, the town council, in its sole discretion, may accept
dormitory units as a method of mitigation.
4. Payment of Fees in Lieu: The planning and environmental
commission may approve payment of a fee in lieu for each square
foot of employee housing required by this chapter.
a. The fee in lieu for each square foot shall be established
annually by resolution of the town council, provided that in
calculating that fee, the town council shall include the net cost
(total cost less the amount covered by rental or sale income) of
real property and all related planning, design, site development,
legal, construction and construction management costs of the
project, in current dollars, which would be incurred by the town to
provide the square feet in that year.
b. An administrative fee, established by resolution of the town
council, shall be added to the amount set forth in subsection A4a
of this section.
c. Fees in lieu shall be due and payable prior to the issuance of a
building permit for the development
d. The town shall only use monies collected from the fees in lieu to
provide new employee housing.
5. Conveyance Of Property Off Site: The town council may, at its sole
discretion, accept a conveyance of real property off site in lieu of
requiring construction of EHUs, provided that no covenants,
restrictions or issues exist on the property that would limit the
construction of EHUs.
Staff is requesting that the following changes be made to Section 12-24-8,
Administration, Vail Town Code (text that is to be deleted is s#-4skep, text that is
to be added is bold, and sections of text that are not amended may be omitted):
C. The planning and environmental commission shall approve, approve
with modifications, or deny an employee housing plan unless the plan is
located within a special development district or includes a request to
convey property, and then the town council shall approve, approve with
modifications, or deny the employee housing plan. The Commission,
and/or Town Council, shall make findings that the employee housing
plan conforms to the general and specific purposes of this title, and
6
that the plan is compatible with the applicable elements of the Vail
Comprehensive Plan and the development objectives of the Town.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
12-1-2: Purpose
A. General: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the Town, and to
promote the coordinated and harmonious development of the Town in a
manner that will conserve and enhance its natural environment and its
established character as a resort and residential community of high quality.
12-2-2: Definitions
DEMO/REBUILD: The destruction, demolition, or removal of fifty percent
(50%) or more of the gross residential floor area of an existing dwelling
unit or structure. The determination of the fifty percent (509/6) shall be
calculated upon "gross residential floor area" as defined in this section.
12-3-7: Amendment:
C. Criteria and Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment
to the regulations prescribed in this title, the planning and environmental
commission and town council shall consider the following factors with
respect to the requested text amendment:
(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 how the existing regulation is no longer appropriate or is inapplicable;
and
(4) The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives; and
(5) Such other factors and criteria the commission and/or council deem
applicable to the proposed text amendment.
12-23-1: Purpose and Applicabilitv
A. The purpose of this chapter is to ensure that new commercial
development and redevelopment in the town provide for a reasonab/e
amount of employee housing to mitigate the impact on employee housing
caused by such commercial development and redevelopment.
7
12-24-1: Purpose and Applicability:
A. The purpose of this chapter is to ensure that new residential
development and redevelopment in the town of Vail provide for a
reasonable amount of employee housing to mitigate the impact on
employee housing caused by such residential development and
redevelopment.
V. REVIEW CRITERIA
Staff believes these text amendments are in accordance with the purpose and
intent of Titles 12, Zoning Regulations, and are in the public interest and serve to
improve the Code. The review criteria and factors for consideration for a request
of a text amendment to Title 12, are established in accordance with the
provisions of Chapter 12-3, Vail Town Code.
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and,
Staff believes the proposed text amendments further the general and
specific purposes of the Zoning Regulations by clarifying the priorities of
the adopted employee housing mitigation methods by requiring that a
minimum of half the mitigation occur on-site. The Housing Authority
believes the remaining mitigation requirement can be met equally through
any of the four approved mitigation methods. The appropriate choice of
method will be reviewed and determined by the Commission, based upon
the plan's conformance to the purposes of the zoning regulations and the
objectives of the Vail Comprehensive Plan.
Additionally, Staff believes the proposed text amendments further the
Town's development objectives by providing a myriad of employee
housing opportunities as recommended by the Vail 20/20 Strategic Action
Plan.
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,
Staff believes the proposed text amendments clarify the priority of the
employee housing mitigation methods and implementation objectives by
requiring that a minimum of half the mitigation occur on-site. The Housing
Authority believes the remaining mitigation requirement can be met
equally though any of the four approved mitigation methods. The
appropriate choice of inethod will be reviewed and determined by the
Commission, based upon the plan's conformance to the purposes of the
zoning regulations and the objectives of the Vail Comprehensive Plan.
8
Staff also believes the proposed text amendments better define the
Planning and Environmental Commission's authority to more clearly and
consistently interpret the Zoning Regulations in a manner that furthers the
Town's development objectives.
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and,
Commercial Linkage and Inclusionary Zoning are new regulations and the
proposed text amendments further refine those requirements.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives.
Staff believes the proposed text amendments are necessary to facilitate
and provide a harmonious, convenient, workable relationship among land
use regulations consistent with the Town of Vail master plans and
development objectives.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of approval to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapters 12-23, Commercial Linkage and
12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria
related to mitigating employee housing requirements, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to recommend
approval of these text amendments, Staff recommends the Commission pass the
following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the Town of
Vail's request for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to recommend
approval of these text amendments, the Department of Community Development
recommends the Commission makes the following findings part of the motion:
"Based upon the review of the criteria outlined in Section V of this Staff
memorandum to the Planning and Environmental Commission dated
January 14, 2008, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
9
1. That the amendments are consistent with the applicable elements of
the adopted goa/s, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and,
2. That the amendments further the general and specific purposes of
Zoning Regulations; and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality. "
10
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: Information Update Regarding Anticipated Uses of Employee Housing
Fee-in-Lieu
Staff: Nina Timm
At the December 11, 2007, Planning and Environmental Commission meeting,
Commission members requested information regarding anticipated uses of employee
housing fee-in-lieu that may be collected by the Town of Vail. The Vail Town Council
discussed and affirmed, at their January 8, 2008 public hearing, uses for the fee-in-lieu
funds that may be collected in the next twelve to eighteen months. Please see the
attached memorandum for an overview the specific projects.
PLANNING AND ENVIRONMENTAL COMMISSION
December 10, 2007
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
E~j qFy~, ~ 75 S. Frontage Road - Vail, Colorado, 81657
Holiday Luncheon 12:00 P.M.
MEMBERS PRESENT MEMBERS ABSENT
Anne Gunion
Rollie Kjesbo
Michael Kurz
Bill Pierce
Scot Proper
David Viele
Please note: Times of items are approximate and subject to change.
10 minutes
1. A request for a final review of a conditional use permit, pursuant to Chapter 12-16, Conditional
Uses, to allow for the temporary use of the tennis facility for conferences and conventions,
located at 1300 Westhaven Drive (Vail Cascade)/Special Development District No. 4, Cascade
Village, Area A, and setting forth details in regard thereto. (PEC07-0068)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Kurz VOTE: 5-0-1 (Pierce recused)
CONDITIONS:
1. Prior to the applicant's use of the tennis facility for any conference or convention
event, the applicant must obtain Town of Vail Police and Public Works Department
approval of a"parking management plan". This parking management plan must
address all operational issues related to implementing the plan, for example traffic
and pedestrian safety, snow maintenance, enforcement, etc. This management plan
shall also prioritize parking locations associated with this conditional use permit as
follows:
A) Existing Cascade Village Parking Structure; then,
B) Lionshead Parking Structure with shuttle service provided by the applicant;
then,
C) Westhaven Drive; and then,
D) South side of the South Frontage Road only adjacent to the Cascade Resort
and Spa building between the south guardrail and the Westhaven
intersection.
2. Prior to the applicant's use of the tennis facility for any conference or convention
event, the applicant must obtain Town of Vail Fire Department "pre-approval" of the
conference or convention venue.
3. Should any conference or convention involving attendees who are not the exclusive
hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of
Vail approval of a parking and shuttle plan prior to the use of the tennis facility for
that conference or convention event.
Page 1
4. Additional conventions may be, if in compliance with the criteria and findings within
the staff inemorandum for this conditional use permit dated December 10, 2007.
5. This conditional use permit approval shall expire on December 31, 2013.
6. The applicant shall submit a report of upcoming conferences to the Town of Vail
Staff on an annual basis.
Bill Gibson gave a presentation per the staff memorandum.
Commissioner Pierce recused himself as he has a conflict of interest.
Don MacLachlan, representing the applicant, was available for questions.
Commissioner Viele recommended that any approval of this conditional use permit should be
valid for five years, rather than only one year.
There was no public comment.
10 minutes
2. A request for a final recommendation to the Vail Town Council on a proposed major amendment
to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for an amendment to Special Development District No. 38, Manor Vail, to
allow for a change in the number of dwelling units, located at 595 Vail Valley Drive (Manor Vail
Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto.
(PEC07-0072)
Applicant: Manor Vail Condominium Association, represented by Zehren & Associates
Planner: Warren Campbell
ACTION: Recommendation of approval
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
Warren Campbell gave a presentation per the staff inemorandum.
Brian Sipes, representing the applicant, was available for questions.
There was no public comment.
The Commissioners expressed their approval of the proposed request.
5 minutes
3. A request for a worksession to review an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope,
located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and setting forth details in
regard thereto. (PEC07-0069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
ACTION: Tabled to January 14, 2008
MOTION: Proper SECOND: Kurz VOTE: 6-0-0
10 minutes
4. A request for a final recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10,
Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing
Page 2
regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and
setting forth details in regard thereto. (PEC07-0071)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Recommendation of approval with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 5-1-0 (Viele opposed)
CONDITIONS:
1. That nonconforming single-family dwellings, two-family dwellings, and multi-family
dwellings shall be allowed a one-time 500 square foot addition of GRFA per unit, that
affects the roofing area but does not share a plane or ridge with the existing roof,
that shall conform to roofing requirements but shall not trigger a re-roof of the
existing nonconforming roof.
2. That the Design Review Board shall be given some ability to allow exemptions to the
roofing requirements should the design meet the intent of the Vail Town Code.
3. That any maintenance and repair of a nonconforming roof that is more than 25%
within a twelve month period and or more than 50% of total roof area in any time
period shall be required to re-roof the entire structure to come into compliance with
the roofing regulations.
Rachel Friede gave a presentation per the staff inemorandum.
There was no public comment.
Commissioners Kjesbo and Pierce asked for clarification about the proposed exemptions from
these requirements for single family and duplex homes. Rachel Friede clarified that the
proposed regulations would not allow exemptions for single-family homes.
Commissioner Pierce noted that all the Commissioners were in favor of noncombustible roofing
materials. He noted that another goal should be to allow additions to duplexes without one
duplex owner tying the hands of their duplex neighbor.
Warren Campbell gave examples of some recent duplex re-roof application scenarios and
welcomed additional input from the Commissioners.
Commissioner Kurz asked whether the aesthetic regulations should outweigh the wildfire
regulations. He further noted the insurance impacts of this issue and noted that the policy is
correct, but questioned what "triggers" the requirement for both parties of a duplex to re-roof.
Commissioner Viele questioned to what extent the Town forces owners to re-roof.
Warren Campbell noted that if a half a duplex has wood shakes and catches fire, it was
irrelevant if the other half replaced their roof with a noncombustible roof.
Commissioner Viele expanded upon the idea that many duplex owners will never be able to
cooperate.
Commissioner Proper asked if anyone has acknowledged the wastefulness of replacing a roof
that doesn't need to be replaced at the time that an event is triggering a re-roof.
Commissioner Pierce recommended that as this regulation moves forward "one square" should
be replace with 100 sq.ft. to make it clearer.
Page 3
Commissioner Gunion expressed that the difficult neighbor situations will occur with or without
these regulations. The question is how to create incentives for re-roofing. She noted concerns
that duplex owners are currently blackmailing each other because they need each others
signatures to apply for any application to the Town.
Commissioner Kurz asked Rachel to clarify what is achieved with these proposed amendments.
Rachel Friede explained that the proposed amendments do not solve all the issues, but provide
more flexibility than the current regulations. Duplex owners will still be required joint property
signoff for any solution proposed.
Commissioner Pierce recommended a process of evaluating each building and requiring a plan
of action by both neighbors within a specific time frame; thus elevating the conflict between
neighbors.
Rachel Friede noted the earlier consideration of such a plan. She noted the lack of available
staffing resource to implement such a plan and the fact that the narrow valley of the Town
causes most properties to be affected by the spread of fire.
Commissioner Viele noted his concern that the Town is over-regulating.
Rachel Friede noted that maintenance can be done to repair leaking roofs, etc. without Town of
Vail design review approval or joint owner approval.
Commissioner Viele noted that he is not in favor of any regulation that doesn't limit itself to new
construction.
Rachel Friede expanded that the one roofing square threshold was proposed since that is the
amount of replacement that triggers the need for a building permit.
Commissioner Gunion noted that allowing multiple roofing materials could allow more creative
and aesthetically desirable homes when implemented appropriately.
Commissioner Pierce summarized that the Commission has the following concerns:
- A 500 sq.ft. one time exception per unit for single-family, duplex and multi-family buildings,
for additions that affect the roof area but do not share a plane or ridge with existing roof area.
- The DRB should be allowed broader authority to allow exceptions to the rules of compatible
roofing materials
- Multi family roof upgrade should be tied to roof changes, not GRFA (250 additions) changes
- Maintenance and repair should be capped at 50% and then entire roof must come into
compliance
Commissioner Proper recommended forwarding a motion to Town Council with additional
recommendations, as outlined by Commissioner Pierce, rather than tabling this item for further
Commission review.
15 minutes
5. A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Sub-Sections
12-713-2A, Definitions (basement or garden level); 12-713-3A, Definitions (first-floor or street
level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or
street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or
Page 4
street level), Vail Town Code, to allow for amendments to the definitions of "Basement or Garden
Level" and "First Floor or Street Level," and setting forth details in regard thereto. (PEC07-0070)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved
MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0
Bill Gibson made a presentation per the staff inemorandum.
There was no public comment.
Commissioner Pierce suggested that text be added to explain that a building may have more
than one street level. He said we are trying to regulate uses along pedestrian and vehicular
ways, and there should be flexibility in determining if something is street level. Bill Gibson
clarified where that language was included in the proposed text amendments.
Commissioner Kurz stated that this makes good sense and it is necessary to factor in
accessibility of commercial units.
10 minutes
6. A request for a work session on a proposed major amendment to a Special Development District
(SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
amendment to Special Development District No. 4, Cascade Village, to allow for the
development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone
site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-
0055)
Applicant: L-O Westhaven , Inc., represented by Pylman & Associates, Inc.
Planner: Scot Hunn
ACTION: Tabled to January 14, 2008
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
10 minutes
7. A request for a final review of a variance, from Section 12-713-13, Density Control, Vail Town
Code, pursuant to Chapter 12-17, Variances; and a request for a final review of a conditional use
permit, pursuant to Chapter 12-16, Conditional Use Permits, Vail Town Code; to allow for the
conversion of two existing Type III Employee Housing Units into additional gross residential floor
area for an existing dwelling unit, located at 201 Gore Creek Drive (Bell Tower Building)/Part of
Tract A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0067)
Applicant: Dean MacFarlan, represented by VAG, Inc., Architects & Planners
Planner: Bill Gibson
ACTION: WITHDRAWN
8. Approval of November 26, 2007 minutes
MOTION: Kurz SECOND: Viele VOTE: 6-0-0
9. Information Update
10. Adjournment
MOTION: Kurz SECOND: Kjesbo VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
Page 5
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published December 7, 2007, in the Vail Daily.
Page 6
lik
4IL
TOWN THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on January 14, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council, to allow for Special
Business Promotion Permits, and setting forth details in regard thereto. (PEC07-0073)
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters
12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Council, to
establish standards and criteria related to mitigating employee housing requirements,
and setting forth details in regard thereto. (PEC07-0075)
Applicant: Town of Vail
Planner: Nina Timm and Bill Gibson
A request for a final review of variances from Section 12-71-1-10, Setbacks, and Section
12-71-1-14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to
allow for a stair and an underground parking garage vehicle ramp within the setbacks,
and deviations from the maximum site coverage requirements, located at 610 West
Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in
regard there to. (PEC07-0077)
Applicant: Landmark Condominium Association, represented by Fritzlen Pierce
Architects
Planner: Bill Gibson
A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for additional site coverage to
facilitate construction of a detached garage structure, located at 3140 Booth Falls
Court/Lot 5, Block 2, Vail Village 12t" Filing, and setting forth details in regard thereto.
(PEC07-0078)
Applicant: John Canon and Betty Vickers, represented by John Perkins
Planner: Nicole Peterson
A request for a final review of an exterior alteration, pursuant to Section 12-713-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of
the Rucksack Condominium Building and the Scott Building, located at 288 Bridge
Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC07-0076)
Applicant: Jeffery B. Selby, represented by Jay Peterson
Planner: Scot Hunn
A request for final review of a variance from Chapter 14-6, Grading Standards, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
retaining walls in excess of six (6) feet in height, and a request for final review of a
conditional use permit pursuant to Chapter 16, Conditional Use Permits, Vail Town
Code, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more
complete metes and bounds description is available at the Community Development
Department and setting forth details in regard thereto. (PEC07-0080)
Applicant: Vail Resorts Development, represented by Mauriello Planning Group LLC
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published December 28, 2007, in the Vail Daily.