HomeMy WebLinkAbout2008-0428 PECPLANNING AND ENVIRONMENTAL COMMISSION
April 28, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Osaki Sushi Restaurant — 100 East Meadow Drive
2. Peters Residence — 2955 Bellflower Drive
Driver: Warren
25 minutes
1. A request for a final review of variances from Sections 12-6D-6, Setbacks, 12-6D-9, Site
Coverage, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition
and remodel with required parking located partially within the public right-of-way, located at 2955
Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting forth details in regard thereto.
(PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
15 minutes
2. A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4, Minor
Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site, located at 151,
250, and 280 Vail Lane/(a complete legal description is available for inspection at the Town of
Vail Community Development Department upon request), and setting for details in regard
thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
40 minutes
3. A request for a final recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development
District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
60 minutes
4. A request for a final recommendation to the Vail Town Council of a proposed update and review
of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and
Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan,
located within the boundaries of the adopted Master Plan/(a complete legal description is
available for inspection at the Town of Vail Community Development Department upon request),
and setting forth details in regard thereto. (PEC080020)
Applicant: Town of Vail
Planner: George Ruther
ACTION:
MOTION: SECOND: VOTE:
5 minutes
5. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior
Alterations or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted
and Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day
Lot with a structure containing Type III employee housing units, located at 600 West Lionshead
Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto.
(PEC080009)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to May 12, 2008
MOTION: SECOND: VOTE:
5 minutes
6. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional
Uses; Generally (On All Levels of A Building or Outside of A Building), Vail Town Code, to
facilitate the construction of a public building, grounds, and facilities (transportation center) on
the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080010)
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
ACTION: Table to May 12, 2008
MOTION: SECOND: VOTE:
5 minutes
7. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Planners: Scot Hunn
ACTION: Table to May 12, 2008
MOTION: SECOND: VOTE:
Page 2
5 minutes
8. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments,
Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the
redevelopment of the site with employee housing, commercial, and office uses, located at 241
South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Withdrawn
9. Approval of April 14, 2008 minutes
MOTION: SECOND: VOTE:
10. Information Update
11. 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 April 25, 2008, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 28, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council for a major
amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Article 12-9A, Special Development District, Vail Town Code,
to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb
Architects
Planner: Bill Gibson
I. SUMMARY
The Applicants, Takeshi and Kazue Osaki, represented by K.H. Webb Architects,
has requested a final recommendation from the Planning and Environmental
Commission to the Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an addition to the Osaki's
Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village
Filing 1, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this
memorandum and the evidence and testimony presented, the Community
Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval, with conditions, for the
applicanYs variance request, subject to the findings noted in Section IX of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The Applicants, Takeshi and Kazue Osaki, represented by KH Webb Architects
are proposing to expand the existing Osaki's Restaurant located in the Vail
Village Inn Plaza at 100 East Meadow Drive. The expansion will occur above
and adjacent to the existing restaurant. The proposed expansion will extend the
existing restaurant to the north by 13'-8" and will create 359 sq. ft. of new
restaurant floor area, including a new 43 sq.ft. entry vestibule, on the main level.
The proposed expansion will also create an additional 120 sq.ft. of seating area
plus two mechanical/storage areas, and a coat room on the new upper floor level
above the existing restaurant space.
Since this proposal expands the existing building footprint by more than five (5)
feet, Section 12-9A-2, Vail Town Code, defines this application as a"Major
ExteriorAlteration" subject to Planning and Environmental Commission review.
This proposal is subject to the Commercial Linkage requirements of Chapter 12-
23, Vail Town Code. Based upon these regulations, the Applicants must mitigate
for 0.427 net new employees. The Applicants are proposing to place an
Employee Housing deed restriction on an existing two-bedroom, 924 sq. ft. unit
at 2958 South Frontage Road, Unit 5D (Interlocken Condominiums) to not only
meet, but to exceed, this requirement as a public benefit to off-set the impacts of
their proposed development. Deed restricting the Applicants' Interlocken unit
would mitigate the equivalent of 2.25 employees; which is 1.823 employees
(429%) more than is required by Chapter 12-23, Commercial Linkage, Vail Town
Code.
The existing restaurant has 162 sq. ft. of customer seating area. The proposed
additions will increase the total seating area to 458 sq. ft. This expansion
increases the restaurants parking requirement from 0.65 parking spaces to 1.83
spaces. The Applicants are not proposing to construct any additional parking
spaces to address this increased parking requirement, since there are no
locations available to physically construct new parking spaces at the Vail Village
Inn. The Applicants are not proposing to otherwise acquire any additional
parking spaces to address this increased parking requirement. The Applicants
approached the adjacent Gateway Building about purchasing a parking space
from their parking club; however, there are no parking spaces available for sale
at this time.
There are no existing parking spaces at the Vail Village Inn specifically reserved
for the existing Osaki's Restaurant. Therefore, the Applicants are proposing to
purchase an existing parking space within the Vail Village Inn parking garage and
permanently tie the deed of that space to the deed of the restaurant as part of
this Major SDD Amendment request.
The Applicants are proposing to construct a loading and delivery service ramp to
create access between the Vail Plaza Hotel loading dock and the delivery tunnel
located below the proposed restaurant expansion. This ramp is not necessary
for the loading and delivery to the Osaki's Restaurant. Instead, the ramp will
directly benefit other owners and tenants of the Vail Village Inn Special
Development District. The ramp will also benefit the general public by creating
an opportunity for delivery trucks to access the entire Vail Village Inn from the
Vail Plaza Hotel loading dock, rather than using both the dock and street parking
along East Meadow Drive. The Applicants are also proposing to "clean-up" the
rear to the Vail Village Inn building in which their unit is located with landscape
plantings, screening of existing utility meters, and re-finishing the existing tunnel
retaining walls.
III. BACKGROUND
The subject site was part of the original Town of Vail created in August of 1966.
The subject site is part of Phase II of the Vail Village Inn Special Development
District (SDD) which was established by Ordinance No. 7, Series of 1976. The
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various phases of the district have been amended numerous times since their
inception. These amendments affect projects ranging in scope from minor
remodels to construction of the new Vail Plaza Hotel.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission (PEC), Design Review Board
(DRB), Town Council, and Staff with regard to the review of any applications
submitted on behalf of the Applicant.
Order of Review: Generally, applications will be reviewed first by the PEC for
impacts of use/development, then by the DRB for compliance of proposed
buildings and site planning, and final approval by the Town Council.
Planninq and Environmental Commission (PEC):
The PEC shall review the proposal for general compliance with the criteria set
forth in Section 12-9A-8: Design Criteria and Necessary Findings, Vail Town
Code.
Desiqn Review Board:
The Design Review Board has no review authority over a Major or Minor
Amendment to a Special Development District (SDD), but must review any
accompanying Design Review Board application.
Town Council:
Upon receipt of the report and recommendation of the Planning and
Environmental Commission, the Town Council shall set a date for hearing within
the following thirty (30) days. Within twenty (20) days of the closing of a public
hearing on a proposed SDD, the Town Council shall act on the petition or
proposal. The Town Council shall consider but shall not be bound by the
recommendation of the Planning and Environmental commission. The Town
Council may cause an ordinance to be introduced to create or amend a special
development district.
V. APPLICABLE PLANNING DOCUMENTS
Town Of Vail Zoninq Code
Article 12-9A: Special Development (SDD) District (in part)
12-9A-1: PURPOSEANDAPPLICABIL/TY:
A. Purpose: The purpose of the special development district is to
encourage flexibility and creativity in the development of land in order to
promote its most appropriate use; to improve the design character and
quality of the new development with the town; to facilitate the adequate
and economical provision of streets and utilities; to preserve the natural
and scenic features of open space areas; and to further the overall goals
of the community as stated in the Vail comprehensive plan. An approved
development plan for a special development district, in conjunction with
the property's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the special
development district.
12-9A-2: DEFINIT/ONS:
MAJOR AMENDMENT (PEC AND/OR COUNC/L REVIEW): Any
proposal to change uses; increase gross residential floor area; change
the number of dwelling or accommodation units; modify, enlarge or
expand any approved special development district (other than "minor
amendments" as defined in this section), except as provided under
section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross
Residential Floor Area (250 Ordinance)", of this title.
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal
criteria in evaluating the merits of the proposed special development
district. It shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each
of the following standards, or demonstrate that one or more of them is not
applicable, or that a practical solution consistent with the public interest
has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and loading
requirements as outlined in chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
6. Design Features: Site plan, building design and location and open
space provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
4
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development
of the special development district.
8. Necessary Findings: Before recommending and/or granting an
approval of an application for a special development district, the planning
and environmental commission and the town council shall make the
following findings with respect to the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the
public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare
of the town and promotes 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.
12-9A-10: AMENDMENT PROCEDURES:
8. Major Amendments:
1. Requests for major amendments to an approved special development
district shall be reviewed in accordance with the procedures described in
Section 12-9A-4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the
proposed amendment shall be made to owners of all property adjacent to
the property requesting the proposed amendment, owners of all property
adjacent to the special development district, and owners of all property
within the special development district that may be affected by the
proposed amendment (as determined by the department of community
development). Notification procedures shall be as outlined in Subsection
12-3-6C of this title.
VI. ZONING ANALYSIS
Legal Description
Parcel No.
Address:
Zoning:
Part of Lot O, Block 5D, Vail Village Filing 1
210108256014
100 East Meadow Drive
Special Development District No. 6
(Public Accommodation underlying district)
Land Use Plan Designation: Village Master Plan
Current Land Use: Mixed Use
Development Standard
Setbacks:
North:
South:
East:
West:
Building Height
Parking:
Site Coverage:
Allowed/Required Existin Proposed
Per Dev. Plan* 16 ft. 2 ft.
Per Dev. Plan* Per Dev. Plan No Change
Per Dev. Plan* Per Dev. Plan No Change
Per Dev. Plan* Per Dev. Plan No Change
Per Dev. Plan* 26 ft. 24 ft.
1.83 spaces 0.65 spaces
(458 sq. ft.) (162 sq. ft.)
(seating area) (seating area)
Per Dev. Plan* Per Dev. Plan
No Change
+193 sq. ft.
Landscape Area: Per Dev. Plan* Per Dev. Plan No Change
Commercial Linkage: 0.427 employees n/a 2.25 employees
` The building bulk control standards are allowed as shown on the 1976 approved development plans and a
1976 building volumetric study (i.e. the existing conditions are the "allowable" development standards).
VII. SURROUNDING LAND USES
Land Use Zoninq
North: Mixed Use SDD No. 6
South: Mixed Use Public Accommodation District
East: Mixed Use SDD No. 6
West: Mixed Use SDD No. 6
VIII. REVIEW CRITERIA
Pursuant to Section 12-9A-8, Vail Town Code, the following design criteria shall
be used as the principle criteria in evaluating the merits of the proposed
amendments:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Staff believes the proposed restaurant addition is architecturally consistent
with the existing Phase II building. The proposed addition is fundamentally
an extension of an existing building and roof form, with the proposed exterior
materials and colors to match the existing building.
6
Additionally, Staff believes the proposed addition is also compatible with the
immediate environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
The Applicants are also proposing to "clean-up" the rear to the Vail Village
Inn building in which their unit is located with landscape plantings, screening
of existing utility meters, and re-finishing the existing tunnel retaining walls.
2. Relationships: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
Staff believes the proposed expansion will continue the existing compatible,
efficient and workable relationship of the restaurant with the surrounding uses
and activities.
The Applicants are proposing to construct a loading and delivery service
ramp to create access between the Vail Plaza Hotel loading dock and the
delivery tunnel located below the proposed restaurant expansion. This ramp
is not necessary for the loading and delivery to the Osaki restaurant. Instead,
the ramp will directly benefit other owners and tenants of the Vail Village Inn
Special Development District. The ramp will also benefit the general public
by creating an opportunity for delivery trucks to access the entire Vail Village
Inn from the Vail Plaza Hotel loading dock, rather than using both the dock
and street parking along East Meadow Drive.
Parking and Loading: Compliance with parking and loading
requirements as outlined in Chapter 12-10 of the Vail Town Code.
The existing restaurant has 162 sq. ft. of customer seating area. The
proposed additions will increase the total seating area to 458 sq. ft. This
expansion increases the restaurants parking requirement from 0.65 parking
spaces to 1.83 spaces. The Applicants are not proposing to construct any
additional parking spaces to address this increased parking requirement,
since there are no locations available to physically construct new parking
spaces at the Vail Village Inn. The Applicants are not proposing to otherwise
acquire any additional parking spaces to address this increased parking
requirement. The Applicants approached the adjacent Gateway Building
about purchasing a parking space from their parking club; however, there are
no parking spaces available for sale at this time.
There are no existing parking spaces at the Vail Village Inn specifically
reserved for the existing Osaki's Restaurant. Therefore, the Applicants are
proposing to purchase an existing parking space within the Vail Village Inn
parking garage and permanently tie the deed of that space to the deed of the
restaurant as part of this Major SDD Amendment request.
The Applicants are proposing to off-set the impacts of this proposed parking
deviation by providing a public benefit of employee housing in excess of their
Commercial Linkage mitigation requirements. The Applicants are proposing
to place an Employee Housing deed restriction on an existing two-bedroom,
924 sq. ft. unit at 2958 South Frontage Road, Unit 5D (Interlocken
Condominiums) to not only meet, but to exceed, this requirement as a public
benefit to off-set the impacts of their proposed development. The Interlocken
unit is located within close proximity to a Town of Vail bus stop. Deed
restricting the Applicants' Interlocken unit would mitigate the equivalent of
2.25 employees; which is 1.823 employees (429%) more than the 0.427
employees required by Chapter 12-23, Commercial Linkage, Vail Town Code.
The Applicants are proposing to off-set the impacts of this proposed parking
deviation by constructing a loading and delivery service ramp to create
access between the Vail Plaza Hotel loading dock and the delivery tunnel
located below the proposed restaurant expansion. This ramp is not
necessary for the loading and delivery to the Osaki restaurant. Instead, the
ramp will directly benefit other owners and tenants of the Vail Village Inn
Special Development District. The ramp will also benefit the general public
by creating an opportunity for delivery trucks to access the entire Vail Village
Inn from the Vail Plaza Hotel loading dock, rather than using both the dock
and street parking along East Meadow Drive.
The Applicants are also proposing to "clean-up" the rear to the Vail Village
Inn building in which their unit is located with landscape plantings, screening
of existing utility meters, and re-finishing the existing tunnel retaining walls.
4. Comprehensive Plan: Conformity with the applicable elements of the
Vail Comprehensive Plan, Town policies and Urban Design Plan.
Staff believes the proposed restaurant expansion conforms to the applicable
elements of the Vail Comprehensive Plan, Town policies, and the Urban
Design Plan.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Vail Village
Inn Plaza site is not located in any geologically sensitive areas or within the
100-year floodplain of Gore Creek or its tributaries.
Design Features: Site plan, building design and location and open
space provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
Staff does not believe this proposal will have any negative affect on the
natural features, vegetation, or overall aesthetic quality of the community in
comparison to existing conditions.
The Applicants are proposing to "clean-up" the rear to the Vail Village Inn
building in which their unit is located with landscape plantings, screening of
existing utility meters, and re-finishing the existing tunnel retaining walls.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The existing restaurant has 162 sq. ft. of customer seating area. The
proposed additions will increase the total seating area to 458 sq. ft. This
expansion increases the restaurants parking requirement from 0.65 parking
spaces to 1.83 spaces. The Applicants are not proposing to construct any
additional parking spaces to address this increased parking requirement,
since there are no locations available to physically construct new parking
spaces at the Vail Village Inn. The Applicants are not proposing to otherwise
acquire any additional parking spaces to address this increased parking
requirement. The Applicants approached the adjacent Gateway Building
about purchasing a parking space from their parking club; however, there are
no parking spaces available for sale at this time.
There are no existing parking spaces at the Vail Village Inn specifically
reserved for the existing Osaki's Restaurant. Therefore, the Applicants are
proposing to purchase an existing parking space within the Vail Village Inn
parking garage and permanently tie the deed of that space to the deed of the
restaurant as part of this Major SDD Amendment request.
The Applicants are proposing to off-set the impacts of this proposed parking
deviation by constructing a loading and delivery service ramp to create
access between the Vail Plaza Hotel loading dock and the delivery tunnel
located below the proposed restaurant expansion. This ramp is not
necessary for the loading and delivery to the Osaki restaurant. Instead, the
ramp will directly benefit other owners and tenants of the Vail Village Inn
Special Development District. The ramp will also benefit the general public
by creating an opportunity for delivery trucks to access the entire Vail Village
Inn from the Vail Plaza Hotel loading dock, rather than using both the dock
and street parking along East Meadow Drive.
The Applicants are also proposing to "clean-up" the rear to the Vail Village
Inn building in which their unit is located with landscape plantings, screening
of existing utility meters, and re-finishing the existing tunnel retaining walls.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
functions.
Staff does not believe this proposal will affect any natural features, recreation,
views or functions in comparison to existing conditions. The Applicants are
also proposing to "clean-up" the rear to the Vail Village Inn building in which
their unit is located with landscape plantings, screening of existing utility
meters, and re-finishing the existing tunnel retaining walls.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the
development of the special development district.
9
Staff is not aware of any intention on the Applicants' behalf to phase this
project; however, should a phasing plan be proposed, this criterion must and
will be met in full.
IX. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, with
conditions, for the proposed amendment to Special Development District No. 6,
Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail
Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at
100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. 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 forward a
recommendation of approval to the Vail Town Council of this proposed
amendment to a Special Development District, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation to the Vail Town Council for approval, with conditions, of
the Applicant's request for final review of a proposed major amendment to
a Special Development District No. 6, Vail Village Inn, pursuant to Article
12-9A, Special Development District, Vail Town Code, to allow for an
addition to the Osaki's Sushi restaurant, located at 100 East Meadow
Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. "
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development Department recommends the
following conditions:
"The Applicants must obtain final review and approval of the
proposed development plan by the Town of Vail Design Review
Board, prior to making an application for the issuance of a building
permit.
2. The Applicants shall provide the legally executed and duly recorded
deed restriction with the Eagle County Clerk & Recorder's Office for
the off-site employee housing unit prior to the issuance of a
temporary certificate of occupancy for the construction associated
with this amendment.
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3. The Applicants shall make the off-site employee housing unit ready
for occupancy prior to the issuance of a temporary certificate of
occupancy for the construction associated with this amendment, in
accordance with Section 12-23-10, Timing, Vail Town Code.
4. The Applicants shall make the loading and delivery ramp ready for
use prior to the issuance of a temporary certificate of occupancy for
the construction associated with this amendment."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, the Community Development
Department recommends the Commission makes the following findings:
"The Planning and Environmental Commission finds:
That the amendment is consistent with 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, based upon the review outlined in Section Vlll
of the Staff's April 28, 2008, memorandum to the Planning and
Environmental Commission and the evidence and testimony
presented,� and
2. That the amendment does further the general and specific purposes
of the Zoning Regulations, based upon the review outlined in Section
Vlll of the Staff's April 28, 2008, memorandum to the Planning and
Environmental Commission and the evidence and testimony
presented; and
3. That the amendment does promote the health, safety, morals, and
general welfare of the Town, and does 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, based upon
the review outlined in Section Vlll of the Staff's April 28, 2008,
memorandum to the Planning and Environmental Commission and
the evidence and testimony presented."
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Architectural Plans
D. Photographs
E. Public Notice
11
Attachment A
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Atiachr�eni B
Febivary Z6, 2008
Osalci's Restaurant Renovation
Vail Village Plaza Condominiums, Unit 14
100 E. Meadow Dr.
Vail, Colorado 81651
DESCftIPTION OF PftOPOSED USE:
The intention of the design for the renovation and expansion of the Osalci's restaurant is
threefold. First and foremost is the improvement and expansion of the existing interior dining
environment. This will be achieved by updating the interior finishes, furnishings, and remodeling
the layout of the interior dining areas. This includes the secondary intent of the renovation of
adding dining space by expanding over sub-grade space to the North. New dining areas will be
located in both the expansion area and the area directly above the existing re5taurant. The final
intention of the renovation is to update the exterior of the building, (ceeping with the
improvements that are currently unde�way on adjacent properties and giving a quiet identity for
Osalti's.
ESSENTIAL DATA:
Street Frontage: N/A
Front Setback: N/A
Side Setbacks: N/A
Rear Setback: N/A
Height: Currently 26' Proposed 24' for addition. Interpolated from sui�vey.
Site Coverage: Proposed 150sq. ft. expansion within SDD
Proposed 2"d Floor footprint expansion: 316 sq. ft.
Landscaping No net change
Parking: Osalci's have committed to purchasing and attaching the deed to one parlcing space within
SDD#6 with app►•oval of this application.
Employee Housing: The Osalci's currently have one unit in West Vail that is utilized for Employee
Housing. They will commit to converting it to Deed Restricted Employee Housing with approval
of this application.
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Atfachment E
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 April 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 for a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi
restaurant, located at 100 East Meadow Drive/Lot O, Bloek 5D, Vail Village Filing 1, and
. setting forth details in regard thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
A request for a final review of a variance from Section 12-6D-10, Landscaping And Site
Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a
decrease in the required minimum landscaping area, located ai 1715 Geneva
Drive/Parcel 3 of Lot 7, Matterhorn Village, and setting forth details in regard thereto.
(PEC080017)
Applicant: Dave Hilb, represented by John Martin Architect
Planner: Bill Gibson
A request for a final recammendation to the Vail Town Council of a proposed
amendment to the Vail. Village Master Plan, pursuant to Section VIII-C, Adoption,
Extensions, and Amendments, Vail Village Master Plan, to amend Sub-Area 4,
Transportation Center, to facilitate the redevelopment of the site with employee housing,
commercial, and office uses, located at 241 South Frontage Road East/Tracts B and C,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
A request for final review of an amendment to an approved major exterior alteration,
pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Section12-23-8,
Commercial Linkage, Section 12-24-8, Inclusionary Zoning, Vail Town Code, to allow for
a change in the approved housing mitigation plan, located at 701 and 705 West
Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details
in regard thereto. (PEC080014)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Staff/Planner: Nina Timm/Warren Campbell
The applications and information about the proposals are available for public insp.ection
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
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 28, 2008
SUBJECT: A request for final review of a final plat for a minor subdivision, pursuant to
Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for a re-
subdivision of the Front Door Site, located at 151, 250, and 280 Vail Lane/(a
complete legal description is available for inspection at the Town of Vail
Community Development Department upon request), and setting for details in
regard thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
I. SUMMARY
The applicant, Vail Associates Development Company, represented by Gerry Arnold,
is requesting a final review of a minor subdivision, pursuant to Chapter 13-4, Minor
Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site,
located at 151, 250, and 280 Vail Lane, to create the plat entitled: "Final Plat, Front
Door Three Dimensional Subdivision, A Three Dimensional Subdivision Of
Lots 1 And 2 Mill Creek Subdivision And Lots 1 and 4 A Part Of The NW 1/4
Section 8, Township 5 South, Ranqe 80 West Of The 6 P.M., Town of Vail,
Countv of Eaqle, State of Colorado". As a result of the subdivision two lots will be
created which are identified as Tract A(Front Door Lot) and Tract B(Chalets Lot).
Staff is recommending approval of the applicant's minor subdivision application with
the findings as listed in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Vail Resorts Development Company, represented by Gerry Arnold, is
requesting a final review of a minor subdivision, pursuant to Chapter 13-4, Minor
Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site,
located at 151, 250, and 280 Vail Lane, to create the plat entitled: "Final Plat, Front
Door Three Dimensional Subdivision, A Three Dimensional Subdivision Of
Lots 1 And 2 Mill Creek Subdivision And Lots 1 and 4 A Part Of The NW 1/4
Section 8, Township 5 South, Ranqe 80 West Of The 6t P.M., Town of Vail,
Countv of Eaqle, State of Colorado". As a result of the subdivision two lots will be
created which are identified as Tract A(Front Door Lot) and Tract B(Chalets Lot).
The purpose of the final plat is to re-subdivide Lots 1 and 2 of the Mill Creek
Subdivision and an unplatted parcel of former National Forest Service property
acquired by Vail Resorts Development Company.
The proposed plat includes a three dimensional component in order to address the
subterranean tunnel which is constructed under the site running beneath the
proposed two new lots to access parking and the loading and delivery facility. The
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plat depicts these three dimensional elements using both horizontal and vertical
boundaries as shown on Sheet 3 of the reduced plat drawings. Once completed this
final subdivision plat will allow for the transference of property as contemplated in the
approvals of the Front Door Base Lodge and the Front Door Chalets.
BACKGROUND
On September 16, 2003, the Vail Town Council approved on second reading
Ordinance 16, Series of 2003, an ordinance amending the Official Zoning Map to
zone Lots 1 and 2, Mill Creek Subdivision Ski Base Recreation-2 District.
On September 22, 2003, the Planning and Environmental Commission approved the
Front Door development and its associated elements after many months of review
and work sessions. The Front Door development include a new base lodge skier
services building, a member's ski club building, and thirteen (13) dwelling unit
residence club.
SURROUNDING LAND USES AND ZONING
Land Use
North: Mixed Use
South: Forest Service Land
East: Residential
West: Forest Service land
CRITERIA AND FINDINGS
Zoninq
Commercial Core 1
NA
Two-Family Primary/Secondary
NA
Chapter 4, Minor Subdivision, Title 13 Subdivision Regulations, of the Vail Town
Code prescribe the review criteria for a request for a minor subdivision. Pursuant to
Section 13-4-2, Procedure, Vail Town Code, the criteria for reviewing the final plat
shall be as contained in Section 13-3-4, Commission Review of Application; Criteria
and Necessary Findings, Subdivision Regulations, Vail Town Code. According to
Section 13-4-2C, Review and Action on Plat,
"The Planning and Environmental Commission shall review the plat and
associated materials and shall approve, approve with modifications or
disapprove the plat within twenty one (21) days of the first public hearing on
the minor subdivision or the minor subdivision will be deemed approved. A
longer time period for rendering a decision may be granted subject to mutual
agreement between the Planning and Environmental Commission and
subdivider".
The purpose of the final plat is to re-subdivide Lots 1 and 2 of the Mill Creek
Subdivision and an unplatted parcel of former National Forest Service property
acquired by Vail Resorts Development Company to create two new lots identified as
Tract A(Front Door Lot) and Tract B(Chalets Lot) as contemplated in the approvals
of the Front Door development on September 22, 2003. Once completed this final
subdivision plat will allow for the transference of property as contemplated in the
approvals of the Front Door Base Lodge and the Front Door Chalets.
According to Section 13-3-4, Commission Review of Application; Criteria and
Necessary Findings, Subdivision Regulations, Vail Town Code, (in part)
"The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this chapter, the zoning
ordinance and other pertinent regulations that the planning and
environmental commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C of this chapter. "
One of the basic premises of subdivision regulations is that minimum standards for
the creation of a new lot must be met. This project will be reviewed under the Major
Subdivision Criteria, pursuant to Section 13-3-4, Commission Review of Application;
Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code as
required by Subsection 13-4-2C, Review and Action on Plat, Subdivision
Regulations, Vail Town Code.
The first criterion to be considered by the Planning and Environmental Commission
for a Major Subdivision application is:
Lot Area — The Zoning Code requires that the minimum lot or site area for a
lot located in the Ski Base/Recreartion-2 (SBR2) zone district shall be 10,000
square feet of buildable area.
Staff Response — All parcels created by the minor subdivision meets this
requirement. Tract A(Front Door Lot) is 265,193 square feet and Tract 8
(Chalets Lot) is 48,308 square feet.
The second set of criteria to be considered by the Planning and Environmental
Commission for a minor subdivision application is as follows:
1. The extent to which the proposed subdivision is consistent with all 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
Staff Response:
Staff has reviewed the Vail Comprehensive Plan and determined the Land Use Plan
to be applicable element of the Plan to this request. The Vail Land Use Plan
identifies the properties proposed for subdivision with this application as be Ski Base
(SB) which stated the following:
"Ski trails and facilities to a ski base are included in this category."
Staff believes the proposed minor subdivision is in compliance with the Vail Land
Use Plan as required by this criterion.
2. The extent to which the proposed subdivision complies with all of the
standards of this title, as well as, but not limited to, title 12, "Zoning
Regulations", of this code, and other pertinent regulations that the planning
and environmental commission deems applicable; and
Staff Response:
Staff has determined that the land included in this minor subdivision proposal is
zoned Ski Base/Recreation 2 zone district. The purpose of this district is found in
Section 12-12-8C-1, Purpose, Vail Town Code, as follows:
"The ski base/recreation 2 district is intended to provide sites for facilities,
activities and uses necessary for and appurtenant to the operation of a ski
mountain. A variety of other facilities, uses and activities, including, but not
limited to, residential, public and semipublic uses and special community
events typically associated with a vibrant resort community are a/so permitted
within the zone district. The ski base/recreation 2 district is intended to ensure
adequate light, air, open space and other amenities appropriate to permitted
and conditional uses throughout the zone district. In order to achieve this
objective and to ensure compatibility with adjacent land uses, all permitted
uses, development and activity within the zone district shall be subject to
approval of a comprehensive development plan in accordance with the
provisions of this article. Furthermore, due to the likelihood of this district
being located at the base of Vail Mountain, and upon some of the most
critical and important lands to the future success and resort character of the
town, development within this district shall be evaluated based upon its ability
to meet the specific purposes of this title and to provide "compelling public
benefits which further the public interests" that go beyond any economic
benefits to the landowner."
Staff believes the proposed minor subdivision is in compliance with the Vail Land
Use Plan as required by this criterion.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
Staff Response:
The review of the Front Door Development and eventual adoption On September 22,
2003, focused on the elements found in this criterion. It was determined that a new
base lodge skier services building, a member's ski club building, and thirteen (13)
dwelling unit residence club were harmonious with the surrounding land uses and
consistent with the municipal development objectives. Furthermore the Ski
Base/Recreation 2 zone district was created specifically for the parcels included in
this minor subdivision request.
Staff believes the proposed minor subdivision is in compliance with this criterion.
4. The e�ctent of the effects on the future development of the surrounding area;
and
Staff Response:
The comprehensive planning effort utilized in the review of the Front Door
Development, and the associated creation of the Ski Base/Recreation 2 zone district,
and the annexation of property into the Town from the U.S. Forest Service land
established a plan which does not have any negative effects on the future
development of the surrounding area. A large portion of the adjacent land area to
the south of this minor subdivision still remains in the ownership of the U.S. Forest
Service and will likely never be developed further as the slopes increase dramatically
in excess of 40% in areas.
Staff believes the proposed minor subdivision is in compliance with this criterion.
5. The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public
facilities, or result in a"leapfrog" pattern of development; and
Staff Response:
As stated in the above criterion the comprehensive planning effort utilized in the
review of the Front Door Development and its associated applications will result in
efficiencies in the elements identified in the above criterion. Furthermore, this
development includes a public/private loading and delivery facility to address existing
concerns and issues related to loading and delivery in Vail Village. This facility is to
become a part of the dispersed loading and delivery network the Town has been
developing to keep these types of vehicles out of the pedestrian core.
Staff believes the proposed minor subdivision is in compliance with this criterion.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines; and
Staff Response:
As a part of the review of the Front Door Development Plan and approval on
September 22, 2003, the utility companies supplying services to this development
were consulted and signed off on the ability to serve the site.
Staff believes the proposed minor subdivision is in compliance with this criterion.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
As stated in the above criterion the comprehensive planning effort utilized in the
review of the Front Door Development and its associated applications will result in
efficiencies in the elements identified in the above criterion.
Staff believes the proposed minor subdivision is in compliance with this criterion.
8. The eartent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
As stated in the above criterion the comprehensive planning effort utilized in the
review of the Front Door Development and its associated applications will result in
efficiencies in the elements identified in the above criterion.
Staff believes the proposed minor subdivision is in compliance with this criterion.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
Staff has reviewed the application for a minor subdivision to create Tract A(Front
Door Lot) and Tract B(Chalet Lot) and finds that the proposal complies with the
criteria prescribed for a minor subdivision application.
A reduced copy of the proposed final plat for the "Final Plat, Front Door Three
Dimensional Subdivision, A Three Dimensional Subdivision Of Lots 1 And 2,
Mill Creek Subdivision And Lots 1 and 4 A Part Of The NW 1/4 Section 8
Township 5 South, Ranqe 80 West Of The 6 P.M., Town of Vail, Countv of
Eaqle, State of Colorado", has been attached for reference (Attachment A).
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves the request for final review of a final plat for a
minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to
allow for a re-subdivision of the Front Door Site, located at 151, 250, and 280 Vail
Lane/(a complete legal description is available for inspection at the Town of Vail
Community Development Department upon request), and setting for details in regard
thereto. Staff's recommendation is based upon the review of the criteria outlined in
Section V of this memorandum and the evidence and testimony presented, subject to
the following findings:
"Upon review of the request for a minor subdivision to create the "Final Plat,
Front Door Three Dimensional Subdivision, A Three Dimensional Subdivision
Of Lots 1 And 2, Mill Creek Subdivision And Lots 1 and 4, A Part Of The NW
1/4, Section 8, Township 5 South, Ranpe 80 West Of The 6t" P.M., Town of
Vail, County of Eaqle, State of Colorado" the Planning and Environmental
Commission finds:
1. That the subdivision is in compliance with the criteria listed in subsection A
of this section.
2. That the subdivision is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
4. That the subdivision promotes the health, safety, morals, and general
welfare of the town and promotes 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."
VII. ATTACHMENTS
A. A reduced copy of the proposed subdivision final plat
B. Public Notice
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 28, 2008
SUBJECT: A request for a final review of variances from Sections 12-6D-6, Setbacks, Section
12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential
addition and remodel with required parking located partiallywithin the public right-of-
way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting
forth details in regard thereto. (PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
SUMMARY
The Applicant, Alan Peters, represented by Carl Mueller, is requesting variances from
Sections 12-6D-6, Setbacks, Section 12-6D-11, Parking, and Section 14-3-2F, Other
Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to
allow for a residential addition and remodel with required parking located partially within the
public right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.
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.
DESCRIPTION OF REQUEST
The Applicant is requesting variances from Section 12-6D-6 Setbacks, for the front, east
side and west side setbacks to allow for a new one-car garage with master bedroom above,
a covered porch and additions to the existing living room and dining room. The request for a
variance to Section 12-6D-11, Parking, is to reduce the amount of parking spaces provided
from the required 5 spaces to 4 spaces. The final variance from Section 14-3-2F, Other
Requirements, is to allow for 3 vehicle parking spaces to be partially located within the Town
owned, Bellflower Drive, right-of-way.
The public notice for the request included a variance from 12-6D-9, Site Coverage.
However, the proposal complies with the Site Coverage requirement and a variance is not
required. A vicinity map and plans are attached for reference (Attachments A& C).
On November 24, 2003, the Applicant received variance approvals to setbacks and parking
requirements, similar to this current proposal. The previous approval has since expired.
Therefore, the Applicant is returning to the Planning and Environmental Commission to
request the approval of a slightly modified proposal. The Applicant has removed the
previously requested den and laundry room and reconfigured the proposed garage, master
bedroom, living room, and dining room additions.
Attached is a letter from the Applicant describing the request in greater detail (Attachment
B). The descriptions of the variances requested are as follows:
Front Setback: The Applicant is requesting to vary the front setback from the
required 20 feet to a range of 9.5 feet to 14 feet to allow for a one-car garage
addition and from the required 16 feet to 14 feet for a covered porch addition
(Covered porches are allowed to encroach into the setback 4 feet). Approximately
273 square feet, of the 462 square foot garage is proposed within the front and west
side setbacks. Approximately 6 square feet ofthe covered porch is proposed within
the front setback.
2. West Side Setback: The Applicant is requesting to vary the west side setback from
the required 15 feet to a range of 5.5 feet to 8.5 feet to allow for a one-car garage
addition and master bedroom over a portion of the garage. Approximately 273
square feet, of the 462 square foot garage is proposed within the front and west side
setbacks. Approximately 62 square feet ofthe proposed master bedroom above the
garage, is proposed within the west side setback.
3. East Side Setback: The Applicant is requesting to vary the east side setback from
the required 15 feet to 12 feet to allow for a dining room addition. Approximately 20
square feet of the dining room is proposed within the east side setback. The dining
room addition will extend south and follow the existing eastern most wall of the
existing house, which is currently encroaching into the east side setback.
4. Parking Spaces: The Applicant is requesting to varythe number of parking spaces
from the required 5 spaces (3 for primary and 2 for secondary) to 4 spaces.
5. Parking in the right-of-way: The Applicant is requesting a variance from the
requirement that all required parking be located on site. Three of the proposed
surface parking spaces encroach up to 13 ft. into the Bellflower Drive right-of-way.
III. BACKGROUND
The original plat forthis propertywas recorded in 1970 under Eagle Countyjurisdiction. The
existing structure was constructed in 1977 under Eagle County regulations requiring side
setbacks of five feet. When the property was annexed into the Town of Vail under
Ordinance 15 in 1987 it was zoned Two-Family Primary/ Secondary Residential (PS) District
with a minimum front setback of 20 feet and side yard of 15 feet.
On November 2, 1983, the Applicant received approval to construct a secondary deed
restricted unit on the lot. At that time, the Town Zoning regulations required that one half
(1/2) of the required parking be enclosed. The Applicant received a variance from this
requirement. The variance was granted based on the difficulty of building a garage on the
2
site, specifically the Planning and Environmental Commission found, "the garage would tend
to overcrowd the lot and would impair the common open space between the residence and
the residence to the west."
On March 26, 2001, the Planning and Environmental Commission approved similarsetback
and parking variances for this property.
On February 7, 2002, the Design Review Board approved the design review application
associated with the approved variances from March 26, 2001.
On November 24, 2003, the Planning and Environmental Commission again approved
similar setback and parking variances for this property. This proposal varies in that the
Applicant has removed the previously requested den and laundry room and reconfigured the
proposed garage, master bedroom, living room, and dining room additions. This approval
has since expired.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Town Code
Section 12-2 Definitions
SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a
line or location within the lot or site which establishes the permitted location of uses,
structures, or buildings on the site.
SETBACK LINE: A line or location within a lot or site which establishes the permitted
location of uses, structures, or buildings on the site.
SETBACK LINE, FRONT.� The setback line extending the full width of the site parallel to and
measured from the front lot or site line.
SETBACK L/NE, S/DE: The setback line extending from the front setback line to the rear
setback line parallel to and measured from the side lot or site line.
Section 12-6D Two-Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for single-
family residential uses or two-family residential uses in which one unit is a larger primary
residence and the second unit is a smaller caretaker apartment, together with such public
facilities as may appropriately be located in the same district. The two-family
primary/secondary residential district is intended to ensure adequate light, air, privacy and
open space for each dwelling, commensurate with single-family and two-family occupancy,
and to maintain the desirable residential qualities of such sites by establishing appropriate
site development standards.
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty feet
3
(20), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback
shall be fifteen feet (15').
12-6D-11: PARKING:
Off-street parking shall be provided in accordance with Chapter 10 of this Title.
Section 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.
8. Development Standards Excepted: Variances may be granted only with respect to the
development standards prescribed for each district, including lot area and site
dimensions, setbacks, distances between buildings, height, density control, building
bulk control, site coverage, usable open space, landscaping and site development,
and parking and loading requirements; or with respect to the provisions of chapter 11
of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each district because the flexibility necessary to avoid
results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits° and by section 12-3-7, "Amendment" of this title.
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 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.
4
L
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 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.
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 district.
12-17-7: PERMITAPPROVAL AND EFFECT.�
Approval of the variance shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion within two (2) years
from when the approval becomes final.
14-3-2 OTHER REQUIREMENTS
F. Location: Parking spaces, aisles and turning areas shall be entirely within lot lines and
shall not encroach on any public right of way. No parked vehicle shall overhang any public
right of way.
V. SITE ANALYSIS
Zoning: Two-Family Primary/Secondary District
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Dwelling
Development Standard
Min. Lot Area:
Min. Setbacks:
Front:
Sides:
Rear:
Required
15,000 sq. ft.
20'
15' (east)
15' (west)
50' Gore Creek
5
Existin
8,624 sq. ft.
14.4'
12'
20.5'
62.5'
Proposed
No change
9.5-14'
12'
5.5-8.5'
52'
Max. Building Height:
Max. GRFA:
Primary
EHU
Total
Max. Site Coverage:
Min. Landscape Area
Min. Parking:
33'
2,380.2 sq. ft.
1,586.8 sq. ft.
3,967 sq. ft.
25'
1,631 sq. ft.
827 sq. ft.
2,458 sq. ft.
No change
2,209 sq. ft.
No change
3,036 sq. ft.
2,156 sq. ft. (25%) 1,118 sq. ft. (13%) 1,835 sq. ft. (21.2%)
4,743 sq. ft. (55%) 6,510 sq. ft. (75%) 6,395 sq. ft. (74.2%)
5 spaces 2 spaces 4 spaces
(1 enclosed)
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Residential Residential Cluster District
South: Residential Two-Family Primary/Secondary District
East: Residential Two-Family Primary/Secondary District
West: Residential Two-Family Primary/Secondary District
VII. CRITERIA AND FINDINGS
The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Front Setback: The Applicant is requesting to vary the front setback from the
required 20 feet to a range of 9.5 feet to 14 feet to allow for a one-car garage
addition and from the required 16 feet to 14 feet for a covered porch addition
(Covered porches are allowed to encroach into the setback 4 feet). Approximately
273 square feet, of the 462 square foot garage is proposed within the front and west
side setbacks. Approximately 6 square feet of the covered porch is proposed within
the front setback.
The proposed garage addition is flush with the front of the existing two-family
dwelling. Therefore the neighboring property's front yard sight lines are un-affected
by the proposed garage addition into the front setback.
West Side Setback: The Applicant is requesting to vary the west side setback from
the required 15 feet to a range of 5.5 feet to 8.5 feet to allow for a one-car garage
addition and master bedroom over a portion of the garage. Approximately 273
square feet, of the 462 square foot garage is proposed within the front and west side
setbacks. Approximately 62 square feet ofthe proposed master bedroom above the
garage, is proposed within the west side setback.
The existing residence to the west (2963 Bellflower Drive) is situated at an angle that
places the home closerto its western property line than to its east, at the point where
�
the proposed garage addition is located (See Attachment A— Vicinity Map).
Currently the west neighbor parks vehicles within one foot of the shared property
line. The west neighboring property has also been granted a variance for its east
setback to 6.4 feet. Staff does not believe the neighborto the west will be negatively
impacted by the proposed addition into the west side setback.
East Side Setback: The Applicant is requesting to vary the east side setback from
the required 15 feet to 12 feet to allow for a dining room addition. Approximately 20
square feet of the dining room is proposed within the east side setback. The dining
room addition will extend south and follow the existing eastern most wall of the
existing house, which is currently encroaching into the east side setback.
The proposed east side addition (dining room) is flush with the east side of the
existing two-family dwelling. Therefore, the addition does not encroach into the east
side setback more than the existing home. Staff does not believe the neighborto the
east will be negatively impacted bythe proposed addition into the east side setback.
Parking Spaces: The Applicant is requesting to varythe number of parking spaces
from the required 5 spaces (3 for primary and 2 for secondary) to 4 spaces.
Currently, the property has only two parking spaces. The proposal would increase
the amount of parking on-site to 4 spaces, bringing the property into greater
compliance. The proposed surface parking spaces will not encroach closer to the
west property line. The proposed eastern most (grass-create covered) parking
space is proposed over 30 feet from the east property line. Staff does not believe
the neighboring properties will be negatively impacted by the proposed parking.
Parking in the right-of-way: The Applicant is requesting a variance from the
requirement that all required parking must be located on site. Three ofthe proposed
surFace parking spaces encroach up to 13 feet into the Bellflower Drive right-of-way.
The lot size, lot configuration and existing structure location make providing the
required number of parking spaces (5) on-site impossible, without a variance to allow
parking within the right-of-way. Town of Vail Public Works Department has reviewed
the proposal and supports the request for 2 of the 3 surface parking spaces within
the right-of-way. Public Works supports the 2 parking spaces that are in the same
footprint as the existing driveway.
Public Works requires that a revocable right-of-way permit be issued. Staff is
proposing a condition to that effect in Section VIII of this memorandum. Currently,
the neighbor to the west, most affected by the proposed parking, provides parking
within one foot of the shared property line. Staff does not believe the neighboring
properties will be negatively impacted by the proposed parking in the right-of-way.
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.
7
Front, West Side and East Side setbacks:
Staff does not believe approval of the requested setback variances would be a grant
of special privilege. The lot size, lot configuration, existing structure, and 50 ft. Gore
Creek stream setback are all physical hardships on this lot which greatly restrict the
ability of improvements to be made to the structure without a variance. The lot is
nonconforming with regards to lot size and the house currently encroaches into the
front and side setbacks. Many of the structures in the neighborhood have similar
encroachments into the setbacks (see below).
Location Description of the site
2923 Bellflower Nonconforming 4-plex approved by Eagle County. Encroaches 9
ft. into the stream setback, 7.5 ft. into the east setback, and
encroaches into the ri ht-of-wa .
2933 Bellflower No information available.
2943 Bellflower Granted a front setback variance to allow for a front setback of 13
ft. Side setbacks are nonconformin at 12 ft. and 5 ft.
2953 Bellflower Granted a parking variance to not enclose parking in conjunction
with EHU. Meets all setback re uirements.
2963 Bellflower Granted setback variances allowing for a 6 ft. front setback, 6.4 ft.
east side setback, and 8.4 ft. side setback.
2983 Bellflower No information available.
3003 Bellflower Granted front setback variance to allow for a 13 ft. front setback,
with GRFA being allowed beneath the garage. Side setback
variance was denied.
2992 Bellflower Denied (by Council) a side setback variance for garage and GRFA.
Meets all setback re uirements.
2982 Bellflower Meets all setback re uirements.
2972 Bellflower Meets all setback re uirements.
2962 Bellflower No information available.
2852 Bellflower Nonconforming. Encroaches into the front setback 9 ft. and 1 ft.
into side setback.
2942 Bellflower Granted a front setback variance for a garage and storage area to
allow for a 15.5 ft. front setback. Nonconforming with a 7 ft.
encroachment into the east side setback.
2932 Bellflower Meets all setback re uirements.
2995 Basin dale No information available.
2975 Basin dale Meets all setback re uirements.
2955 Basin dale Gara e located in front setback.
2945 Basin dale Nonconformin . Encroaches into side setback 7 ft.
2935 Basingdale Granted front setback variance to allow for GRFA below garage in
front setback. Below rade encroachment of 18.5 ft.
2925 Basingdale Granted front setback variance to allow for a front setback of 13 ft.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public
safety.
The Public Works Department recommended that the existing evergreen tree in the
front yard be trimmed so as not to obstruct the view along Bellflower Drive. Staff is
8
proposing a condition to that effect in Section VIII of this memorandum. Staff does
not believe that approval of the variance will have a negative effect on the factors
listed above.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Another factor in consideration of the requested variances is that the Planning and
Environmental Commission has approved similarvariances on the subject property
on two previous occasions (March 26, 2001 and November 24, 2003).
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, ofthe
requested variances from Sections 12-6D-6, Setbacks, Section 12-6D-11, Parking, and
Section 14-3-2F, Other Requirements, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a residential addition and remodel with required
parking located partiallywithin the public right-of-way, located at 2955 Bellflower Drive/Lot 6,
Block 6, Vail Intermountain.
Staff's recommendation is based upon the review of the criteria in Section VII of this
memorandum. Staff has provided the five variance requests in separate motions, below,
for the Commissions consideration.
Should the Planning and Environmental Commission choose to approve the variance
requests, the Community Development Department recommends, the Commission pass the
following separate motions:
Front Setback
"The Planning and Environmental Commission approves a variance from Section
12-6D-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to
vary the front setback from the required 20 feet to a range of 9. 5 feet to 14 feet to
allow for a one-car garage addition and from the required 16 feet to 14 feet for a
covered porch addition located at 2955 Bellflower Drive/Lot 6, Block 6, Vail
Intermountain."
West Side Setback
"The Planning and Environmental Commission approves a variance from Section
12-6D-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to
vary the west side setback from the required 15 feet to a range of 5.5 feet to 8. 5
feetto allowfora one-cargarage addition and masterbedroom overa portion of
the garage located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain. "
East Side Setback
"The Planning and Environmental Commission approves a variance from Section
12-6D-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to
vary the east side setback from the required 15 feet to 12 feet to allow for a
dining room addition located at 2955 Bellflower Drive/Lot 6, Block 6, Vail
�
Intermountain."
Parking Spaces
"The Planning and Environmental Commission approves a variance from Section
12-6D-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to
vary the number of parking spaces from the required five (5) spaces to four (4)
spaces located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain."
Parking in the right-of-way
"The Planning and Environmental Commission approves a variance from Section
14-3-2F, OtherRequirements, pursuantto Chapter 12-17, Variances, Vail Town
Code, to vary the requirement that all required parking be located on site to allow
for the partial encroachment of three (3) parking spaces into the right-of-way
located at 2955 Bellflower Drive/Lot 6, Block 6, Vail lntermountain."
Should the Planning and Environmental Commission choose to approve the variance
requests, Staff recommends the following conditions:
"1. The variance approvals are contingent on the Applicant obtaining Town of Vail
approval of a design review application for the proposed additions.
2. The Applicant shall submit a revocable right-of-way permit to Public Works for all
improvements located within the Bellflower Drive right-of-way prior to issuance of
the building permit.
3. The Applicant shall deed restrict the secondary dwelling unitas a Type 1 Employee
Housing Unit and file all necessary documentation with the Town of Vail Housing
Coordinator prior to the issuance of the Certificate of Occupancy.
4. The Applicant shall trim the large existing evergreen tree in the front yard so that
no limbs hang below 7 feet as measured from the ground, upward, prior to the
issuance of the Certificate of Occupancy. "
Should the Planning and Environmental Commission choose to approve the variance
requests, Staff recommends the Commission, make the following findings:
"1. That the granting of the variances do not constitute a grant of special privilege
inconsistent with the limitations on other properties in the Two-Family
Primary/Secondary Residential 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 strict literal interpretation or enforcement of the setback and parking
regulations results in a practical difficulty or unnecessary physical hardship
inconsistent with the development objectives of the Town Code or the Two-
Family Primary/Secondary Residential District.
10
4. That the strict interpretation or enforcement of the specified regulation would
deprive the Applicant of privileges enjoyed by the owners of other properties in
the Two-Family Primary/Secondary Residential District."
IX. ATTACHMENTS
A. Vicinity Map
B. Letter from Applicant
C. Plans
D. Public Notice
11
Attachment A: Vicinity Map
12
Attachment B: Letter from Applicant
.��aril 17, 2�1U8
I�Tii;ole P�.t�rsun, F1ari�ri�r II
To���'� of �'�il
DeparCmini 4�f`c:�mrnunit}' T]�v�€:I�spnicnt
i_S Sotitth Front�ge d�c�ad
�F371, �:{� � 1 ��]�
[2�: i'�ker�irariar�ces, �9�5 L�e91�l.c�v�erL7ri�:�e (FEC[}8-Cl(]1��
I)ear I��is, Peters�n,
-�his is � res��r�se to }�our ��tter dat�d April 9, 2CFU�,
1. ��p the ��tka�hed Tit�e rep�or�, inc�udi�g scl�8dules A& B far the �tb�sve
mc�niicfncx� �ray�rcrC}�_
2. 1�'e ar� r�questing vnnances tr+am Setbacks ���ant anc� si�3�e�), Parkii�� in the
r•ig�t-of=��$}� arrd a reducti�tY in required p�r�ii��_
aA FrQxzt Setl��ck; '�'4�e are r���iesting a�ariance Ea all��� f�r a f�-�o�t
s�tl�g�k irf � fe�t_ 7'fi� �irc�p��s�l in�lt�iii� nca CP}tF'A in lFsr: Cri�nl
set.L7a�k �.nd �l:�proximat�l}� 10� sqxti�re fe�t �#'t�ie ��t�e vr�thin th�e
fsnnt u:th�ck_
b. Side Se#back (4���st}: 4�4'�c arc requcstiu� a si�e setba�ele v�resuce to
alletw �lrr � �•eRt .+�it3e �etlaa€k ��' �.� #'eet. Th� pr�pc�sal i����u�les
apr�ar�rxit�aaz�l}� 6� squ�t°e f�e°t afi�eu; �FLF.4 �riri apprc�,xirrt�t�.l�� i68
;�quar� fe�t �� t,h� pr�pn�ed ��a�e in tl�� west sett,acl�,
�._ Side Setbacl� {esst}: �?4'e a� r�que�iir�� � �i�i� :aei�rs��: �,�:�ri�n�e t�r
a�aow f�r ar� east si�[e setback af 11.5 fcc�� Tlxe pro��sed �dditir�n o�
t}�� �ast sirle t�i#'he structun in�lu�lc;ti a�r}�r{�ximztttly 2f} �yuarc t'c�.e c��`
UI�F'A ir� the ��st si,�e setbc'tCk, T13�5 S�C�]c�C14 1S C4E1'T�t321� 17fltY—
ci�nf�rrmi��, �rith � u.i�ar�k ��f l l,�i f�.�:L
d. ��rlcin� in the ri�ht-of=w�a��: �Yc �rc req�esting � v�rian�� Fro�ct ihe
r�yw'srement ihut all r�quered �a�k:in� �,us# Fse aocated t�� site. I'he
r�e�i�l�.n�e req�i.res a t�t��] of 5 parkiat� spaces (3 farprirrtary� air�l 2 �"ar
F.H�:p�. '4'4'e are ret�uesti�z� a�t�ria��ce frona #he req�i�r�d �]�arki�g
n��ce.� ft� 4 parlcin� n�ae€w (1 in th� �ar�he �tnd :i in#� tF�� rihht-p�'
t�°n���„ �C}n� of�t�ie �.�rlcin� sp�ces ezicr�a�l��s ug to 13 i�, into the rigtit-
�af vv�y�.
�t�'c helicet� i�,ai ihc �,h��sica] l��r�EshiP� c�!`ihis �r�a�EZty +h�artant
vari�wc� ��}��rar�al, Lat �i is �.62� s€�. tt. iii aren, appr�xi�s�t�lw� f�' itr
w�iddh i�sJj�Len� �ca �h�: .�tr��.l a�d �I�e. �ca�t pro}���Cy� line is not paz-�kle1 v�-ii[�
tlie sti•eex. T1�G �xistin� sdruetur� is cic�se� to th�° slc�ping �ast property line
v��ifl1 the entr}� ar�� parking 1�c�t�1 or� the w�est s�de o�t1}e prap�ity. The
�dditian af n gnr�ge c�ver �,ar� of #he c.x��;tir�� �arkin� �.�; .Sh€�+��•� r�re �lan i�;
13
cansistent �.��ih tl�� �lannin� �olices ai�ci d���elr��m.cnt c7hjer:ti�e.� in thc:
'lovM� c��`�r'ai.l with��ut gr�ant raf`K;pc.tcial privilege. T'f�e s�jzcent g�a�erties
are faced ���itli siiz�il�sr liniit�tians. �nd th� �arkin� a� slic�w�n c}n c}ur �;i te;
�lan is ��€�lutQ�ra fc3unri illrcr��hcxut t€�is n�ighb�rh€�od_
3, See tl�� ne��� ent.ix� �i€e d'la� fi�tr z�l1 rc:yuc.tiu;d r�:vi�;iians �rnci ddtiiiion�.
4. See tli� Parl�ing I��l�n�a�erz��xtt �'lan �'o,r aI� rLyuewte�i reviyi��n� and �rliliti��nw.
5. 5� the �at7dsc�p� Pl�i far a11 �qa,est�d re��i�ians and additirfn�.
5. -S�e the Red-lin� fl�car pl��s for �ll reqi�est�ec] ii�#onm�tic�z� t3nd up�aled u�g4r
fls�o�-pl�z� �a� latrelec� r��c.� �c} h�.lEa� ar�a.
7. ��e 1th� e1e�•ativ�s �oz a�iu.�l hualrlin�; hci�;ht {numc�ic�] f€]rmat}.
8, T1i� �°xist�ng secondar}� u�it �.��ill be�om� � deu3 r�::�tri�tcc! T}�pe ��H�s :��;
ru�ui:�[ecl k�y the T�av��r� �rf �rail fullawir�� �ppr�+va] �if ilais p�r�pasal.. Ihe sit�
co�.+erage E.I-PU crer�it all�av�•s �zar �lesi�n to u�nfnem tt� r��ulati�}n�_
9. ��'e wi�l address additional �ommen#s frorn St�Ff x�es���ti�r as r�cl.uir�d.
1{}. Vve will n�i�dres� �tiy coinments froiii tlie �'ublie Vdorks aaid Fire L��parkmei�t as
ne�es��ry,
Flease caniaci us �,�,�ith ���� ques#ioiis �or ca�smrn�ts xt th� numhc:r h�lc�r��.
�inc�r�l}� y�aurs,
°1�HE �1 J �°Il!��.�.I..H<� C�[�-, T�IC-
Marlc ancl Carl T�'I�aeller
�_(.}_ l;c�x �i47
�'ail, C� $1�657
��[� 47(�-2F?7
14
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TOWN OF YAIL �Y
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 April 28, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of variances from Sections 12-6D-6, Setbacks, 12-6D-9, Site
Coverage, and Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements,
Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a
residential addition and remodel with required parking located partial within the public
right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and
setting forth details in regard thereto. (PEC080018)
Applicant: Alan Peters, represented by Karl Mueller
Planner: Nicole Peterson
A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4,
Minor Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site,
located at 151, 250, and 280 Vail Lane/(a complete legal description is available for
inspection at the Town of Vail Community Development Department upon request), and
setting for details in regard thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council of a proposed update and
review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions,
and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the
Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal
description is available for inspection at the Town of Vail Community Development
Department upon request), and setting for details in regard thereto. (PEC080020)
Applicant: Town of Vail
Planner: George Ruther
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 forthe Hearing Impaired, for information.
Published April 11, 2008, in the Vail Daily.
15
..
,��`NOFYAfI, •
PLANNING AND ENVIRONMENTAL COMMISSION
April 14, 2008
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Commission Training — TOV transit center needs, Lunch will be served 12:00 pm
A presentation was given by Greg Hall, Director of Public Works, regarding the history of transit in
the Town and the current needs and location assessment.
MEMBERS PRESENT
Bill Pierce (departed after item 3)
Rollie Kjesbo
David Viele
Michael Kurz
Sarah R Paladino
Susie Tjossem
MEMBERS ABSENT
Scot Proper
Site Visits:
1. North Day Lot - 600 West Lionshead Circle
Driver: Warren
1. Swearing in of new Commission members by Lorelei Donaldson, Town Clerk
2. Selection of Chairperson and Vice Chair
Chair
Action: Bill Pierce for Chairperson
Motion: Kurz Second: Kjesbo
Vote 6-0-0
Vice Chair:
Action: Rollie Kjesbo for Vice Chair
Motion Tjossem Second: Viele
Vote: 6-0-0
1:00 pm
20 minutes
3. A request for final review of an amendment to an approved major exterior alteration, pursuant to
Section 12-7H-7, Major Exterior Alterations or Modifications, Section12-23-8, Commercial
Linkage, Section 12-24-8, Inclusionary Zoning, Vail Town Code, to allow for a change in the
approved housing mitigation plan, located at 701 and 705 West Lionshead Circle/part of Lot 1,
Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080014)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Staff/Planner: Nina Timm/Warren Campbell
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
CONDITION�S):
Prior to Issuance of Buildinq Permits
1) That the Developer pays in full, the employee housing mitigation fee of $17,772.40
prior to the issuance of the building permit for Strata.
Page 1
Prior to Requestinq a Temporarv Certificate of Occupancv
2) That the Developer records the applicable deed restriction, currently in place, with
the Town of Vail and Eagle County for the 870 square foot managers unit on-site and
the seven deed restricted dwelling units off-site, totaling 11,686 square feet, per the
approved housing mitigation plan entitled, Strata Vail Housinq Plan dated Revised
on March 3, 2008, prior to requesting a temporary certificate of occupancy or
certificate of occupancy for Strata. The applicant may deed restrict different units
than shown in the housing mitigation plan as long as Staff determines they meet the
full requirements of Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary
Zoning, Vail Town Code.
Warren Campbell gave a presentation per the staff inemorandum.
Dominic Mauriello, Mauriello Planning Group, LLC, representing the applicant asked if two
changes could be made to the conditions. Those being that Staff has the ability to approve
changes to the submitted housing mitigation plan so long as the intent and obligation were
maintained. The second being that current deed restrictions be kept in place if they are currently
been put in place.
The Commissioners expressed they satisfaction that this proposal was better than paying a fee-
in-lieu.
There was no public comment.
90 minutes
4. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of
the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the
Master Plan referencing the North Day Lot recommendations and requirements to facilitate the
redevelopment of the site with an employee housing project, transportation center, and future
development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080008)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: George Ruther
ACTION: Recommendation of Denial
MOTION: Kurz SECOND: Paladino VOTE: 3-2-0
CONDITION(S):
Bill Pierce recused himself as he has a conflict of interest as he has done extensive work for the
Landmark and would be biased in the review of this project.
George Ruther gave a presentation per the staff inemorandum. He went through the history of
the Lionshead Redevelopment Master Plan and how the North Day Lot was chosen to be the
location for the Lionshead transit center. He concluded by detailing the specifics of the proposal
being heard by the Commission presently.
Michael Brecka, Director of Development for Vail Resorts Development Company (VRDC),
stated some of the history regarding the site. He discussed the agreement for providing
employee housing on the site entered into by the Town and VRDC in late 2007. Discussed how
the current proposal was concentrating the transit center on a portion of the site and how the
Page 2
2003 plan has greater cost with regards to the construction of the transit center and greater
impacts on the neighboring properties as it runs the length of the property.
Geoff Wright, manager of Landmark Condominiums, representing many of his owners. His
owners realize the need for a transit center, however, theybelieve it should be done right and in
its current location there are many negative impacts to the Landmark and other neighboring
properties. He recapped the Landmark's participation in the creation of the Lionshead
Redevelopment Master Plan and how the transit center on the North Day Lot was incorporated
into the Master Plan late in the adoption process. He further stated that the Landmark H.O.A.
has been discussing the transit center for many years which is evidenced by the minutes of their
meetings. He concluded that the Landmark was not involved in the development of the current
proposal and agrees with the Staff recommendation for denial. Furthermore, they do not agree
with Staff's recommendation to resurrect the 2003 plan. The Landmark owners support
employee housing on the site, but not the transit center.
Christian Caslin, attorney representing the Landmark, stated that his clients would like to be
involved in the discussion and design process. He believes that the Arrabelle project
requirement for providing employee housing has accelerated the development on this site. He
stated a concern with the access off of West Lionshead Circle and the need to maintain fire
staging on the North Day Lot for the Landmark Tower and Townhomes.
Jeff Jacob, representing the Westwind Condominium Association, agreed with the concerns
expressed by Geoff Wright and asked the Planning and Environmental Commission to deny the
proposa I.
Jim Lamont, representing the Vail Homeowner's Association, elaborated on the history of public
transit throughout the Town and how it was originally operated by Vail Resorts, but was later
handed off to the Town to operate. He believes there has been many opportunities for
neighboring property owners to participate in the transit discuss, but he does sympathize with
neighboring properties with regard to environmental impacts. His organization believes that a
continuation of the transit spine needs to be expanded. There are long term impacts which will
encourage improvements to this system from Denver to Vail.
Commissioner Kurz, stated that the question he sees as needing to be answered is "Does the
Master Plan need to be changed?". He believes it does not need to be changed to create a
future development site.
Commissioner Paladino, agreed with Commissioner Kurz. She added that she was sympathetic
to the neighbors in that it may not be an ideal location, however, transit is needed within the
Town.
Commissioner Tjossem, asked several questions regarding the process and how we got to
where we are currently at and what changes would Staff suggest that would make the proposal
something supportable that could be forwarded on to Council.
George Ruther gave a narrative on the current process. He then asked Dominic Mauriello to
address the question regarding changes that would make this a recommendation of approval.
Dominic Mauriello stated the desire for VRDC to continue to work on a solution suitable to both
parties.
Commissioner Viele asked several clarifying questions regarding the specifics of Staff's
recommendation of denial. He believes there is clearly a need to amend the Master Plan in
Page 3
order to clarify the other acceptable uses above and beyond a transit center and employee
housing. He added that there were no access easements for the Landmark, Westwind, or the
Town. He would like to have a better understanding of the overall plan which would aid in
crafting amendments to the Master Plan. He suggested tabling this item.
Commissioner Kjesbo, stated that he believes there is a need for a text amendments for the site
to allow for site coverage and setbacks deviations on the north side of the property. He does not
believe surface development rights on the eastern portion of the site are appropriate. He
believes a tabling may be appropriate.
Michael Brekka asked the Commission to take a vote one way or the other so that the plan could
move forward to the Town Council.
5 minutes
5. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Planners: Warren Campbell/Scot Hunn
ACTION: Table to April 28, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
6. A request for a final recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development
District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Table to April 28, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
7. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior
Alterations Or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted
And Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North
Day Lot with a structure containing Type III employee housing units, located at 600 West
Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard
thereto. (PEC080009)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to April 28, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
Page 4
5 minutes
8. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional
Uses; Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to
facilitate the construction of a public building, grounds, and facilities (transportation center) on
the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080010)
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
ACTION: Table to April 28, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
9. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments,
Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the
redevelopment of the site with employee housing, commercial, and office uses, located at 241
South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Table to April 28, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
10. A request for a final review of a variance from Section 12-6D-10, Landscaping And Site
Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a decrease in
the required minimum landscaping area, located at 1715 Geneva Drive/Parcel 3 of Lot 7,
Matterhorn Village, and setting forth details in regard thereto. (PEC080017)
Applicant: Dave Hilb, represented by John Martin Architect
Planner: Bill Gibson
ACTION: Withdrawn
11. Approval of March 24, 2008 minutes
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
12. Information Update
Summary of adopted Wildfire Regulations
13. Adjournment
MOTION: Kurz SECOND: Paladino VOTE: 5-0-0
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
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 April 11, 2008, in the Vail Daily.
Page 5
Page 6
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t' 6: A request for final review of a conditional use permitpursuant to Section 12-7H-5, Conditionai Uses
� Generally (On Ali Levels of A Building or Outside of A Building); Vail Town C.ode, to facilitate the -
; construction of a public buiiding, grounds, and facilities (transportation'center) on the North Day Lot,
- located at 600 West Lionshead Circle/Lot 1, Biock 1, Vail Lionshead Filing 3, and setting forth details in '
regardtheretoi(PEC080010)
ApplicanL• Town of Vail
Planner.Warrep CamphelUGeorge Ruther
ACTION: Table to May 12; 2p08
' MOTION:SECOND:VOTE:
5 minutes
7. A request for final review ofa major exierior aiteration, pursuant to Section 12-76-7, Exterior
' ` Alterations or Modifications, a requestfor a conditional use permit pursuant to Section 12-76-5; Pertnitted. ;
. and Conditional Uses; A6ove 5econd Floor, a request for variancesYrom Section 12-76-75,:Site
Coverage, and Section 12J6-16, Landscaping and Site De6elopment, pursuant to Chapter 12-77, -
- Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5,
�- Amendments, and Section J2-22-6, Encroachments into Ezisting View Corridors; Vaii Town Gode, to ailow '
` forttie re-deveiopmenCOf the Clock Towe� Building (Gorsuch Ltd. Building) to include three tloorsnf a6ove '
- grade structure, a new clock tower, and an eating and drinking establisfimenfabove lhe second'floor,' '
located at 263 East Gore Creek Drive/Lots D and E, Biock 5, Vail Village Fling 1, and setting forth details -
— in regard thereto. (PEC070025) i •
ApplicantGorsuch Ltd:`and John P. McBride, represented 6y Resort Design Associates "
" Planners:Scot Hunn : , , 1
ACTION:Table to May'92, 2006 ' I
- ` MOTION:SECOND:VOTE: �' -
��1
minutes`
' 8; A request for a final recommendation to the Vaii Town Council of a proposed amendment to the Vaii
Viifage Master Plan, pursuant to Section Vlll-C, Adoption, Extensions, and Amendments, Vail Village ;
Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the redevelopment of the site with :
employee housing commercial, and office uses, located at 241 South Frontage Roatl Eastffracts g and i
C, Biock SD, Vail Viilage Filing 1; and setting forth details in regard thereto, (PEC080015) ;
Applican�Toivn of Vail
Planner.George Ruther
AC710N: �thdrawn
_ 9.Approval of April 14, 2008 minutes ' r
} M0770N:SECOND:VOTE: _ �'
10.Information Update
11.Adjoumment .
MOTION:SECOND: VOTE:
��+, -applications and information atiout the proposals are available for pub�ic inspec[ion during regular �
office hours at ihe Town of Vail Community Development �epartment, 75 South Frontage Road. The
pubiic is invited to attend the project orientat�on and the site visits that precede ihe pubiic hearing in ttie !
. Town of Vail Communiry Development DepartmenL Please cali (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 infortnaGon.
Communiry Development Department
Published April 25, 2008, in the Vail Daily.(1460971) _ __
iy
TawN o� vArL �'
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 April 28, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of variances from Sections 12-6D-6, Setbacks, 12-6D-9, Site
Coverage, and Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements,
Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a
residential addition and remodel with required parking located partial within the public
right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and
setting forth details in regard thereto. (PEC080018)
Applicant: Alan Peters, represented by Karl Mueller
Planner: Nicole Peterson
A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4,
Minor Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site,
located at 151, 250, and 280 Vail Lane/(a complete legal description is available for
inspection at the Town of Vail Community Development Department upon request), and
setting for details in regard thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council of a proposed update and
review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions,
and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the
Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal
description is available for inspection at the Town of Vail Community Development
Department upon request), and setting for details in regard thereto. (PEC080020)
Applicant: Town of Vail
Planner: George Ruther
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 April 11, 2008, in the Vail Daily.
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