HomeMy WebLinkAbout2008-1124 PECPLANNING AND ENVIRONMENTAL COMMISSION
November 24, 2008
12:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Training: 12:00 PM
Economic Development Strategic Plan - Kelli McDonald - 30 minutes
Functions and Duties of the PEC -Kristen Bertuglia - 30 minutes
1:00 pm
1. Lionshead Redevelopment Master Plan applicability to Ever Vail -George Ruther - 30 minutes
30 minutes
2. A request for a final review of a Conditional Use Permit, pursuant to 12-7D-2, Conditional Uses,
Vail Town Code, to allow for adrive-up facility, located at 2111 North Frontage Road West, Suite
A/Part of Lot 3, Vail Das Schone Filing 3 and setting forth details in regard thereto. (PEC080060)
Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
3. A request for a final review for a variance from 12-6E-7, Height, Vail Town Code, pursuant to 12-
17, Variances, Vail Town Code, to allow for a building in excess of 33 feet in height, located at
2754 South Frontage Road West/Lot B, Stephens Subdivision, and setting forth details in regard
thereto. (PEC080066)
Applicant: Lorraine Howenstein, represented by Beth Levine
Planner: Bill Gibson/Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
30 minutes
4. A request for a work session to discuss prescribed regulation amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, and Chapter 12-
10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for
employee housing units and to clarify the parking requirements in the Housing (H) zone district,
and setting forth details in regard thereto. (PEC080067)
Applicant: Town of Vail
Planner: George Ruther
ACTION:
MOTION: SECOND: VOTE:
Page 1
20 minutes
5. Report to the Planning and Environmental Commission of an administrative action approving a
request for a minor amendment to SDD No. 39, Crossroads, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for modifications to the approved building
plans for Solaris increasing commercial floor area, located at 141 and 143 Meadow Drive/Lot P,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080068)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
6. Approval of November 10, 2008 minutes
MOTION: SECOND: VOTE:
7. Information Update
Reminder of December 2, 2008, joint work session with Town Council in the evening
8. 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 November 21, 2008, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 24, 2008
SUBJECT: A request for a final review of a Conditional Use Permit, pursuant to 12-7D-2,
Conditional Uses, Vail Town Code, to allow for adrive-up facility, located at 2111 North
Frontage Road West, Suite A/Part of Lot 3, Vail Das Schone Filing 3 and setting forth
details in regard thereto. (PEC080060)
Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine
Planner: Nicole Peterson
SUMMARY
The Applicant, Xpresso Drive-Thru Cafe, represented by Beth Levine, is requesting approval
of a Conditional Use Permit, pursuant to 12-7D-2, Conditional Uses, Vail Town Code, to allow
for adrive-up facility, located at 2111 North Frontage Road West, Suite A/Part of Lot 3, Vail
Das Schone Filing 3 and setting forth details in regard thereto.
Based upon Staff's review of the criteria and findings in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends that the Planning and Environmental Commission approves with conditions
the Conditional Use Permit.
II. DESCRIPTION OF REQUEST
The Applicant is proposing a new drive thru coffee shop (Xpresso Drive Thru Cafe) in the
existing Millennium Bank ATM building, adjacent to the Vail Das Schone Building at 2111
North Frontage Road. The new coffee shop will serve espresso based drinks, iced blended
drinks, brewed coffee and pre-made bakery items. The Xpresso Drive Thru Cafe franchise
opened its first store in 1993 in Denver and currently has 7 stores in Colorado.
To re-use the existing Millennium Bank ATM Building for adrive-thru coffee shop, the
applicant is proposing interior changes to the building including sinks and water & sewer
connections in compliance with health and building code standards. Minor exterior changes to
the building include signage, new drive-up window, new door with walk-up window, and
removal of the existing bank ATM and depository. The proposal is subject to Design Review
Board, Building, Engineering and Health Department approvals and Staff has drafted
conditions to that effect in section VIII of this memorandum. A vicinity map (Attachment A) and
the proposed architectural plans (Attachment B) are attached for reference.
The coffee shop hours of operation are proposed from Gam to 6pm, Monday thru Friday and
lam to 3pm, Saturday and Sunday. The new use will generate the need for 3 new parking
spaces, which are provided within the existing surface parking lot, on site. The proposed
traffic flow and drive-thru stacking lane will require the approval of the Town Engineer and
Staff has drafted a condition to that effect in section VIII of this memorandum. The applicant
has submitted a traffic study, conducted by Schmueser, Gordon, Meyer, Inc., that includes trip
generation, distribution and assignment and parking lot circulation (Attachment C).
BACKGROUND
IV
The existing Vail Das Schone mixed-use building was built in 1977 and includes approximately
17,000 square feet of retail on the main level, approximately 8,000 square feet of office in the
basement and 28 dwelling units. The existing Millennium Bank ATM building was built in 1996
for West Star Bank and includes approximately 165 square feet of building area and an
attached drive-thru overhang. Originally the building was used to house bank teller's,
however, today the ATM on the outside of the building is the only use. There is an existing
vacuum tube that runs from the ATM building to the Millennium Bank, which is proposed to be
used for sewer and water connection for the proposed Xpresso Drive Thru.
ROLES OF REVIEWING BODIES
Order of Review: Generally, conditional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval with
modifications, or denial of a conditional use permit application, in accordance with Chapter 12-
16, Conditional Use Permits, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a conditional use permit application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or Design
Review Board. The Town Council may also call up a decision of the Planning and
Environmental Commission and/or Design Review Board.
V. ZONING AND LAND USE
Property Zoning: Commercial Core 3 (CC3) District
Surrounding: West -Commercial Core 3 (CC3) District
East -Commercial Core 3 (CC3) District
North -Two-Family Primary/Secondary (PS)
South -North Frontage Road and 1-70
Property Land Use: Community Commercial
Surrounding: West -Community Commercial -Safeway
East -Community Commercial -City Market
North -Medium Density Residential -Residential
South -North Frontage Road and 1-70
Development Standard Required Existing Proposed
Min. Lot Area: 25,000 sq. ft. 124,800 sq. ft. No change
Min. Setbacks (Xxpresso)
Front: 20' 50' No change
Sides: 20' (east) 53' No change
20' (west) 160' No change
2
Rear: 20' 285' No change
Max. Building Height (Xpresso): 35' 16' No change
Max. Site Coverage: 49,920 sq. ft. (40%) 19,165 sq. ft. (15.4%) No change
Min. Landscape Area: 31,200 sq. ft. (25%) 18,600 sq. ft. (15%) No change
Min. Parking: (Existing uses) 160 spaces 164 spaces 160 required
+3 required for Xgresso
= 163 total required
VI. APPLICABLE PLANNING DOCUMENTS
A. Vail Town Code
Section 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT (in part):
The following conditional uses shall be permitted in the commercial core 3 district,
subject to issuance of a conditional use permit in accord with the provisions of chapter
16 of this title:
Drive-up facilities
Section 12-16: CONDITIONAL USE PERMITS (in part):
12-16-1: PURPOSE; LIMIT,4TIONS: In order to provide the flexibility necessary to
achieve the objectives of this title, specified uses are permitted in certain districts
subject to the granting of a conditional use permit. Because of their unusual or special
characteristics, conditional uses require review and evaluation so that they may be
located properly with respect to the purposes of this title and with respect to their
effects on surrounding properties. The review process prescribed in this chapter is
intended to assure compatibility and harmonious development between conditional
uses and surrounding properties and the town at large. Uses listed as conditional uses
in the various districts may be permitted subject to such conditions and limitations as
the town may prescribe to ensure that the location and operation of the conditional
uses will be in accordance with development objectives of the town and will not be
detrimental to other uses or properties. Where conditions cannot be devised to achieve
these objectives, applications for conditional use permits shall be denied.
VII. CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following criteria with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the
Town.
Staff believes the proposed conditional use permit is consistent with the
development objectives of the Town. The proposal results in the effective re-use of
an existing vacant building, which will improve the vitality of the existing commercial
area. The proposal is in keeping with the following goals and policies of the Vail
Land Use Plan:
o "1.3 The quality of development should be maintained and upgraded
whenever possible.
0 1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
0 3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs. "
2. The effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation facilities, and
other public facilities needs.
Staff believes the proposed use has little to no effect on the elements listed in this
criterion, because the use is proposed within an existing building.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
The proposed drive-thru coffee shop will increase the amount of traffic on the north
side of the parking lot, therefore Staff required a traffic study. The submitted traffic
report, conducted by Schmeser, Gordon and Meyer Engineers, states the following
summary of findings:
"The change-of--use from the Millennium Bank drive-in ATM to an Xpresso
coffee shop drive-in kiosk will have little to no impact to the existing traffic
conditions at the Frontage Road access. The site may generate between 8 and
70 trips during an average peak hour, with the morning peak hour seeing the
higher volume of trips. The existing kiosk allows for adequate queuing and
adequate parking for potential walk-up customers. On October 10, 2008 Dan
Roussin, the access permit manager for Region 3 CDOT, agreed to wave the
need for an access permit application for this change-of--use application to the
Town of Vail. "
The site plan submitted, includes drive-thru stacking for 4 vehicles, which the Town
Engineer agrees is adequate for the proposed use. Staff recommends that the
Town Engineer approve the final traffic plan, including pavement markings, in
conjunction with the building permit and a proposed condition has been added to
that effect in section VIII of this memorandum.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff believes the proposed Xpresso drive-thru is consistent with the character of
the West Vail commercial area. The proposed re-use of the existing vacant
building will improve the vitality of the neighborhood and help surrounding
businesses by attracting more customers to the area.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental
Commission approves with conditions the Conditional Use Permit, pursuant to 12-7D-2,
Conditional Uses, Vail Town Code, to allow for adrive-up facility, located at 2111 North
4
Frontage Road West, Suite A/Part of Lot 3, Vail Das Schone Filing 3 according the plans
attached to this memorandum.
Should the Planning and Environmental Commission choose to approve this request; the
Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission approves the Conditional Use Permit
pursuant to 12-7D-2, Conditional Uses, Vail Town Code, to allow for adrive-up
facility, located at 2111 North Frontage Road West, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to approve this request, the
Community Development Department recommends the Commission makes the following
findings:
"The Planning and Environmental Commission finds the following based upon the
criteria outlined in section V/l of the November 24, 2008 Staff memorandum:
1. The proposed conditional use permit is consistent with the development
objectives of the Town.
2. The proposed conditional use permit will have no negative effect on light and air,
distribution of population, transportation facilities, utilities, schools, parks and
recreation facilities, and other public facilities needs.
3. The proposed conditional use will have no negative effect upon traffic with
particular reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access, maneuverability, and removal of
snow from the street and parking areas.
4. The proposed conditional use will have no negative effect upon the character of
the area in which the proposed use is to be located, including the scale and bulk
of the proposed use in relation to surrounding uses. "
Should the Planning and Environmental Commission choose to approve this request, the
Community Development Department recommends the Commission adopt the following
conditions:
1. The applicant shall obtain Design Review Board approval for the exterior
changes to the building and signage.
2. The proposed signage shall maintain the character of the neighborhood and be
consistent with the architectural scale and bulk of the Xpresso building, as
determined by the Design Review Board.
3. The Xpresso drive-thru hours of operation shall be Gam to 6pm, Monday thru
Friday and lam to 3pm, Saturday and Sunday.
4. The applicant shall obtain the Town Engineer's approval of the final traffic flow
plan including but not limited to proposed pavement markings delineating the
stacking lane and traffic direction and drive-way widths, in conjunction with the
building permit.
5
5. The applicant shall obtain the Health Inspector's approval in conjunction with the
building permit.
6. The applicant shall obtain the Building Official's approval thru an approved
building permit prior to any construction on- site.
7. Any and all deviations or violations of the adopted conditions herein shall
warrant and cause the re-evaluation of the conditional use permit by the Planning
& Environmental Commission, pursuant to Chapter 12-16 Conditional Use
Permits.
IX. ATTACHMENTS
A. Vicinity Map
B. Architectural Plans
C. Traffic Report
D. Photos
E. Public Notice
h
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Attachment C Traffic Report
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firth iii the t~#~ ~f Cale~r~d~ ~~~~e ~i~lt~r.~a~ ~e~;ess Code 1'N~+4C~ fir ~ site t~et
is proposed to generate beiv~e$rti ~~ end 99 Dips era kts~ k h~eur. Tl~e'JV~~4'~l~il
pr~s~~ i•Gi~sk prop^~ed iir5 tl7e "ail aas ~h7[~rre sf~oppin~ pla~.za in Jail, lorad€a
will take tJ~e place of an ex"ssting drir-s-ra w~r+dc~w~A~A~# fir ttie ~1111~rirai~m Eatik,
The ~+Eillea-~rliurrt 13en1{ plans m+a~e the AThrl to the tror~t of #hir I~u~ldi~g.
E~€is~i~~ Cc~rrditl~ns
The primary amass tt~ the site is Prav~~l~~ ~,P~r-g ~~ ~-~'CM hi~r#h Frr~ntag~ l~~oad
rLl~C}T "F~I~' ~I~ssif~C~tioraj abr~rut ~l;-rrrile east ~# tl~e Cl~am~oni~c R~~d ro~un~I~I~a~E
~1~'est Vail exit 1~3}, 7fi~e ~~~s~ twill be he~-~in r~i~rrecl €~ as the °Mlllennl~m
~aruk ~cc~ss". The pis#e~i speed on the frarg#age road ~ ~ mPh ~r~ ills
wesi~~,und d~re~ti~n, @e~ t11~ easi'baund riir~ctE~r~, thne f~~reta~e read cli~nges fr~rr~
The sits i~ l~c~t~d in the snuthea~t corner ~i the parl¢ir~g lot ~ the fail Das
Sch~re shopP~ Plaza, ~rhi~cl3 cor~#air~s~ a afe+~+~ay, Ac.~ k-I~r~tv~,re, h~lilll~rtr~ium
~a.nl~, end other r~sirientHal ar~d ca~tmer~lal ^usese Tile existing dri+re-in window
12
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is cl~~ently us~f Eay the 9rrenni+~m dank as ~ ~~~~-ire ~4T1?ull, arth~a~~h t#~ere i~
aisa a f~~~~r v~in~i~w at ~e riri~e-ire vaYticl~ E~a~ riot bc~~n u~~d iri y~~r;~, ~~rr~iin~
t~ #r~ae iaartiiC. T~nr+n ath~r acc~ss~~ tra Gh~ ~itl~ ire I~c~te€I we~f of th,i~ aces,
wJY~ich ~~~~ ~~ ~~ primar~r ~c~~ss~es tc~ ~e afi~~a~r. ,~.#~ut ~' east erf this
a~~e~s is ~e pri~ar~r ac~:ess k~ the Cit~+ fi~arY~eh A~cces~ iro ~ ~arin~ ~ar~lge fnr
tree its ~A~rket r1e~,+eE~pmer7t is routed o tl i!Il~nnl,~rrt ~enk a~~cess.
Thy t5-~w~ta~e read ri~ntains ~ tk~r~ugh lanes ~~n~ in each dire~tiera~ ar~d
een~tirauo~s I+~fit and right ~urr< Y~rl for a~~cess pairtits t~ the rtertf~ ~f tFae hi~E~+,nr~~y.
~'h~ i[lenrtiurr~ Perak access ~~n#~an~ r~+7m Fir ~ left end ;ri~trt turn 9ar7e #er
e~eess, pru~ ~ sir~~le er7tr~rin~ lae~e_ ~bser~ati~n ~# the Ir~t~r~eeti~r~ ~rf the
ira~nt~ge rrd enJ kh+~ P~~I~~rknium ink a~ce~s were ~ar4du~ted err t~i~~r ~,
2~7~18. TE~I~ n~~~uir~~ ~~ the ~~~~#~ ere atta~r~d tea tfni~ m~rn~.
Trip C~r~~r~ttan
IT~'~ ~~+ ~e~er~~i~~-~ ~`~~' ,~dr~a€~ra~ away u~~d t~ estin-ESt~: the traffic tha# wriraEd ~e
c~ertieratied ~y a dn~e-in hank ~,rltEi a ~i n~le cEriue-in lane, A+c~~rd i ng #~ ~ rate
pr~~i~de~t Fcr Lar3d Use cd~ ~~ ~~ `[~rlv~-in ~enl~", a sir7~le-lane drive-irr w~r~!dcawV
couEd genera#~ up ~~ X11 trips per day, karith 1;~ ~urrin~ in the ,~A,~ jak and ~~
~r.~tir~arl~ irr the P'~1 pear., ~a~ed ~r~ the ob~ervaticr<s ~n Thursrta~3r, mere w~r~
no ~dr~+~-in }~TF1J ~i~rrters observed ~ronn 7,1~ - ~~~~ 1 ar~d ~an9~+ three
oE~ser~~d duriea~ ~e ais#~rrt~r~r1 pe~+~ ,pe~i~ {~ P'~I _ ~:~~ ~'~VI~. ~~~r~'trt~ the
Euank'~ p~~f~er ATfx+1 rrarc~rds, ttnis ~T~'M i~ I~~ed infruerwtl+~ ~t~ gees an
average. raft 1 ~ - 'E '~arlsa~tl~rr~s per d~~+_
The fiol~~wirag ta~l~ st•IClws ~e average peak ha~ur a€~d ~aiYy tarps that are
generated from ether pr~~~~ ~an~hi~e~ in ~cl€~rad€a. The data is a~re~~ped,
frcar~ the ~r~~ tap p~erf~rrrar~~ presao~ drr~ean ~ira~k~, I~o~ied in Ch.er~r Creek,
Evergr~e~en, and ~I~r°stiw~~r# pdd~~..
p,pPrs~x~mtr7l~lyr 15{1 iten~e~tinris per dayr
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#~~ ~,it~rth Fr~s~tage F~va~ i~ ~ppr~a3eri~t~1'~ .~~° ~astb~~rbd~~~°~ ~i~~und. The
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distrab~ati~n~ ~~ these c~hser~e~d en tks~a kr~~~~~ road.
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i~'liilertinium -anic a~ress r~r~ T}~ursr~a~+ ~~tc~k~er ~, ~~~~ arm tt7case expected when
the ~Ft~ag~n~erated tr~i~c i~ ~:~ded t the exi~t~~g crsr~e~t~: ~~air~, r~~ red~uctier~~
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Attachment D Photos
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.M •• i~ir, tlWM~ _...
2 ~/
F
Above: Vail Das Schone Building (North Elevation)
Below: Millennium Bank
21
Above: Xpresso Building (West Elevation)
Below: Xpresso Building (South Elevation)
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Above: Xpresso Building (East Elevation)
Below: Xpresso Building (North Elevation)
-..~°~--
Attachment E Notice
~~
TowNO~vArL ~k
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Enviromnental Commission of the Town of Vail
will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 10,
2008, at 1:00 pm ill the Town of Vail Municipal Building, in consideration of:
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Zoning Regulations,
Title 13, Subdivision Regulations and Title 14, Development Standards, Vail Town Code, for regularly
scheduled housekeeping amendments, and setting for details in regard thereto. (A more complete
description is available at the Community Development Department.) (PEC080054).
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final review of a Conditional Use Permit, pursuant to 12-7D-2, Conditional Uses, Vail
Town Code, to allow for adrive-up facility, located at 2111 North Frontage Road West, Suite A/Part
of Lot 3, Vail Das Schone Filing 3 and setting forth details in regard thereto. (PEC080060)
Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine
Planner: Nicole Peterson
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 October 24, 2008, in the Vail Daily.
23
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 24, 2008
SUBJECT: A request for a final review of a variance from 12-6E-7, Height, Vail Town Code,
pursuant to 12-17, Variances, Vail Town Code, to allow for a building in excess of
33 feet in height, located at 2754 South Frontage Road West/Lot B, Stephens
Subdivision, and setting forth details in regard thereto. (PEC080066)
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.
Planner: Bill Gibson
SUMMARY
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc., is
requesting a final review of a variance from 12-6E-7, Height, Vail Town Code, pursuant
to 12-17, Variances, Vail Town Code, to allow for a building in excess of 33 feet in
height, located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, 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 approval, of both requests, subject to the findings noted in Section IX of
this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc., is
requesting a final review of a variance from 12-6E-7, Height, Vail Town Code, pursuant
to 12-17, Variances, Vail Town Code, to allow for a building in excess of 33 feet in
height, located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, and
setting forth details in regard thereto.
The Applicant is proposing to construct a new residence and Employee Housing Unit at
2754 South Frontage Road. The majority of the existing site is impacted by the Gore
Creek 100-year floodplain. Due to the location of the creek's floodway, the Applicant
must raise the existing grade of the lot by approximately 18 inches to comply with
Federal Emergency Management Agency (FEMA) standards prior to construction of a
new residence.
The Applicant designed and obtained Town of Vail design review approval for a new
residence in compliance with the Town's 33 foot building height limit as measured to
both existing and finished grade; however, raising the grade of the lot by 18 inches to
address FEMA's floodplain requirements will consequentially raise the ridge elevation of
the proposed structure by approximately 18 inches. By raising the elevation of the
structure by 18 inches, the proposed new residence no longer complies with the Town's
33 foot height limit as measured to "existing grade." The proposed structure still
complies with the 33 foot height limit as measured to "finished grade".
A vicinity map (Attachment A) and the proposed architectural plans (Attachment B) are
attached for reference.
III. BACKGROUND
The existing structures on the subject site were originally constructed under Eagle County
jurisdiction in 1963.
The subject site was annexed into the Town of Vail in 1980 and formally platted under
Town of Vail jurisdiction in 1984 as part of Lot B, Stephens Subdivision.
In 1985, the subject property was de-annexed from the Town of Vail. Then in 1987, the
subject properties were re-annexed into the Town of Vail and zoned Residential Cluster
District.
In 2001, the Applicant obtained Town of Vail approval to divide Lot B, Stephens
Subdivision, into the existing Lots B1 and B2 for ownership purposes, with the conditions
that for zoning purposes the two lots are to be treated as one entity.
In 2005, the Planning and Environmental Commission approved an amended final plat to
correct inaccurate floodplain data shown on the previous subdivision plats. The
Commission also approved a master grading plan to raise Lots A, B1, B2, and C,
Stephens Subdivision to allow for the mitigation of the Gore Creek 100-year floodway
(this approval does not affect the Gore Creek 100-year flood plain). Pursuant to these
approvals, the allowable density for Lot B shall be based upon a "buildable" lot size of no
less than 12,270 sq. ft., thus establishing a minimum allowable gross residential floor
area (GRFA) limit of 4,417 sq. ft. for the combination of Lots B1 and B2. Based upon full
implementation of the master grading plan the buildable area could be increased to
15,390 sq. ft., thus allowing up to 5,540 sq. ft. of GRFA.
On July 28, 2008, the Planning and Environmental Commission approved setback
variances to facilitate the construction of a new residence and employee housing unit
associated with this request. On August 6, 2008, the Design Review Board approved
the design review application associated with this new residence and EHU.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-16, Conditional Use Permits, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval
with modifications, or denial of any accompanying design review application.
V
decision of the Planning and Environmental Commission and/or Design Review
Board.
Town Council:
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6E: Residential Cluster District (in part)
12-6E-1: PURPOSE:
The residential cluster district is intended to provide sites for single-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with residential occupancy, and to maintain the desirable residential qualities of
the zone district by establishing appropriate site development standards.
12-6E-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet
(33').
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity, or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and 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.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of
other properties in the same zone district.
VI.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Existing Buildable Area:
Proposed Buildable Area:
Hazards:
2754 South Frontage Road
Lot B (specifically B2), Stephens Subdivision
Residential Cluster
Medium Density Residential
Two single-family residences (Lots B1 & B2)
23,344 sq.ft. (0.5359 acres)
no less than 12,270 sq.ft (per plat)
15,390 sq.ft. (0.353 acres)
Gore Creek 100-year floodplain
4
Standard Allowed/Required Existin Proposed
Height 33' n/a 34.8'
VII. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Right-of-Way and Open Space Outdoor Recreation
South: Residential Residential Cluster
East: Residential Residential Cluster
West: Residential Residential Cluster
VIII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes the Applicant is proposing to upgrade an existing non-conforming dwelling
in a manner that is in keeping with the general character and architectural style of the
neighborhood. Staff does not believe this proposal will have any significant negative
impacts on nearby existing or potential uses and structures in comparison to the existing
conditions.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
The majority of the existing site is impacted by the Gore Creek 100-year floodplain. Due
to the location of the creek's floodway, the Applicant must raise the existing grade of the
lot by approximately 18 inches to comply with Federal Emergency Management Agency
(FEMA) standards prior to construction of a new residence. The Planning and
Environmental Commission approved a master grading plan to raise Lots A, B1, B2, and
C, Stephens Subdivision to allow for this mitigation of the Gore Creek 100-year
floodway.
The Applicant designed and obtained Town of Vail design review approval for a new
residence in compliance with the Town's 33 foot building height limit as measured to
both existing and finished grade; however, raising the grade of the lot by approximately
18 inches to address FEMA's floodplain requirements will consequentially raise the ridge
elevation of the proposed structure by approximately 18 inches. By raising the elevation
of the structure by approximately 18 inches, the proposed new residence no longer
complies with the Town's 33 foot height limit as measured to "existing grade." The
proposed structure still complies with the 33 foot height limit as measured to "finished
grade".
While the structure will no longer comply with the 33 foot height limit as measure to
existing grade, Staff believes the proposed structure is in keeping with the intent of that
height limit since the Applicant is not artificially altering the characteristics of their
property to intentionally obtain a taller house, improved views, etc. Instead the property
is being altered to the minimum degree necessary to comply with FEMA's floodplain
regulations.
Due to these unique characteristics of the subject property and the multiple
encumbrances on the development of the subject site, Staff believes the proposed
variance is necessary for the Applicant to achieve compatibility and uniform treatment
among other sites in the Residential Cluster District. Due to the unique circumstances
associated with the subject property, Staff does not believe this proposal will constitute a
grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff does not believe this proposal will have a significant impact on the public health,
safety or welfare, public facilities, or utilities in comparison to existing conditions of the
site.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
IV. STAFF RECOMMENDATION
The Community Development Department recommends approval of a final review of a
variance from 12-6E-7, Height, Vail Town Code, pursuant to 12-17, Variances, Vail
Town Code, to allow for a building in excess of 33 feet in height, located at 2754 South
Frontage Road West/Lot B, Stephens Subdivision, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission approves the Applicants' request
fora variance from 12-6E-7, Height, Vail Town Code, pursuant to 12-17,
Variances, Vail Town Code, to allow for a building in excess of 33 feet in height,
located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's November 24, 2008,
memorandum to the Planning and Environmental Commission and the evidence
and testimony presented, the Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Residential
Cluster District.
6
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will
result in practical difficulty or unnecessary physical hardship inconsistent with
the objectives of Title 12, Zoning Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Residential Cluster District. "
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Architectural Plans
7
Attachment A
MEMORANDUM
TO: Town of Vail Planning & Environmental Commission
FROM: Community Development Department
DATE: November 24, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council for
prescribed regulation amendments, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading,
and Chapter 12-10, Off Street Parking and Loading, Vail Town Code, to
amend parking requirements for employee housing units and to clarify the
parking requirements in the Housing (H) zone district, and setting forth
details in regard thereto. (PEC080067)
Applicant: Town of Vail
Planner: George Ruther
I. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting a worksession with the Town of
Vail Planning & Environmental Commission to discuss possible prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to Section 12-61-8, Parking and Loading, and Chapter 12-10, Off Street
Parking and Loading, Vail Town Code, to amend parking requirements for
employee housing units and to clarify the parking requirements in the Housing
(H) zone district.
The Town's stated policy for parking in the Housing (H) zone district is,
"there is a transportation need generated by the residents living within
the Housing (H) zone district that shall be addressed. "
In addressing that need, however, presently there are two options an applicant
can choose from to meet the transportation need. The two options are either:
1) adhere to the parking requirements prescribed for residential
development as stated in Chapter 10 of the Zoning Regulations,
or
2) successfully demonstrate that the transportation needs of the
residents is met by means other than providing for the convenient use of
a private automobile.
According to Section 12-61-8, Parking and Loading, Vail Town Code, the parking
requirement for development in the Housing (H) zone district shall be as follows,
"Off street parking shall be provided in accordance with chapter 10 of this
title. No parking or loading area shall be located within any required
setback area. At the discretion of the planning and environmental
commission, variations to the parking standards outlined in chapter 10 of
this title may be approved during the review of a development plan
subject to a parking management plan. The parking management plan
shall be approved by the planning and environmental commission and
shall provide for a reduction in the parking requirements based on a
demonstrated need for fewer parking spaces than chapter 10 of this title
would require. For example, a demonstrated need for a reduction in the
required parking could include:
A. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
8. A limitation placed in the deed restrictions limiting the number of
cars for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or
staggered work shifts. "
To summarize the regulation, the parking requirement for development in the
Housing (H) zone district shall comply with the standards set forth in Chapter 10
of the Zoning Regulations. Pursuant to Chapter 10, a minimum of 1.5 to 2
parking spaces shall be provided per dwelling unit.
Conversely, recognizing the importance of ensuring the affordability of dwelling
units constructed in the Housing (H) zone district, and the many unique
challenges in doing so, the current regulation also grants the Planning and
Environmental Commission discretion when determining the parking requirement
for development within the district. According to the regulation, the Commission
may grant a reduction in the number of required parking spaces if the applicant
demonstrates to the satisfaction of the Commission that alternate provisions exist
to meet the transportation needs of the residents living within the District.
There is little doubt that the intent of the current regulation, as written, is to
maintain flexibility through discretion in the application of the parking
requirements. However, several issues have come up questioning the
effectiveness and efficiency of the current regulations. Those issues include:
Given the demographics and likely lifestyle choices of
potential residents of the Housing (H) zone district, are 1.5 to
2 parking spaces per dwelling unit the appropriate number of
parking spaces or is that too many spaces?
Does the current regulation clearly state the Town's
development objectives and expectations for development in
the Housing H) zone district?
2
• Does the current regulation provide predictability for an
applicant in the imposition of the parking requirements or
does it unintentionally create ambiguity and confusion for
applicants? Is it the most efficient way to address the
situation?
• Are there additional issues (traffic congestion, traffic flow,
public transit capacity, environmental, distribution of
population, availability of public parking, etc.) that can be
addressed with amendments to the parking requirements for
the Housing (H) zone district?
II. DISCUSSION ISSUES
The Community Development Department has identified a number of issues
which should be discussed prior to drafting an amendment to the existing
regulation. They include:
1. Should affordability (economic) have a greater priority than livability and
assuring that transportation needs are met?
2. Should the residential parking standards be amended to include a
provision for providing parking spaces on a per pillow basis in addition to
a per dwelling unit basis?
3. How should the parking needs of visitors be addressed?
4. Should any amended parking standards be expanded to all employee
housing units or should they only remain applicable to development within
the Housing (H) zone district?
5. Should quantifiable standards be created to better determine when
reductions to the requirements can be granted (ie, distance to public
transit stop, availability of sidewalks and bike paths, proximity to
commercial centers, etc.)?
6. Should the regulations be the same for rental projects and for-sale
projects? What about dormitory/studio units versus one, two & three
bedroom units?
7. Should public transit, bicycle path, sidewalk improvements, etc. be
required in lieu when granting relief from the prescribed parking
requirements?
8. How should the issue of "displaced" vehicle parking be addressed?
9. It has been suggested that a parking requirement of one space per four
bedroom dormitory unit be established (ie, 0.25 space/pillow). Is that a
reasonable requirement given likely demographic of the residents
choosing to live in a dormitory unit?
3
10. Others?
III. STAFF RECOMMENDATION
As this is a worksession, the Community Development Department will not be
providing a recommendation at this time. Staff anticipates that this request will
be back before the Planning and Environmental Commission on December 8,
2008, for a final recommendation to the Vail Town Council.
4
November 7, 2008
Solaris Property Owner, LLC
c/o Peter Knobel
2211 North Frontage Road
Vail, Colorado 81657
and
Town of Vail Planning and Environmental Commission
and
Adjacent Property Owners:
Re: Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No. 39, Crossroads, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications
to the approved building plans for Solaris increasing commercial floor area, located at
141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080068)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group,
LLC
Planner: Warren Campbell
Dear Mr. Knobel, PEC members, and adjacent property owners:
On November 4, 2008, Solaris Property Owner, LLC, represented by the Mauriello Planning Group,
LLC, submitted an application to the Town of Vail Community Development Department for a minor
amendment to Special Development District No. 39, Crossroads. The purpose of this minor
amendment is to allow for an increase in the amount of commercial square footage on the at-grade
level of the structure in the southwest portion of the site.
DESCRIPTION OF THE REQUEST
The applicant, Solaris Property Owner, LLC, represented by the Mauriello Planning Group,
LLC, has requested a minor amendment to Special Development District No. 39,
Crossroads, to allow for modifications to the approved building plans for Solaris increasing
commercial floor area, located at 141 and 143 Meadow Drive. The purpose of the proposed
amendments are to increase the commercial square footage in several areas that are
1
spatially larger than anticipated form the scaled approved floor plans. As construction has
progressed several spaces have been identified as either larger than comfortable to achieve
a human scale and/or a missed opportunity. The proposed increase to the overall square
footage of the Solaris project is a net increase in 686 square feet. The areas proposed for
commercial square footage increase are shown in read on the plan identified as the
"Proposed Plaza Level dated November 5, 2008. Per the proposed plans, there is no net
change in the total number of condominiums, change in the amount of allowable gross
residential floor area, and no changes to the overall mixed-use concept of the project. There
will be subsequent Design Review applications and approvals required to affect the
requests found in this proposal. Attached to this letter is a letter from the applicant dated
November 5, 2008, describing the changes in greater detail and copies of the proposed
plan (dated November 5, 2008) approved by Staff in conjunction with this Minor
Amendment.
A "minor amendment" is defined as:
"Modifications to building plans, site or landscape plans that do not alter the basic
intent and character of the approved special development district, and are
consistent with the design criteria of this Chapter. Minoramendments mayinclude,
but not be limited to, variations of not more than five feet (5) to approved setbacks
and/or building footprints; changes to landscape or site plans that do not adversely
impact pedestrian or vehicular circulation throughout the special development
district; orchanges to gross f/oorarea (excluding residential uses) of not more than
five percent (5%) of the approved square footage of retail, office, common areas
and other nonresidential floor area, except as provided under Sections 12-15-4
(Interior Conversions) or 12-15-5 (250 Additional GRFA) of this Title.
II. CRITERIA AND FINDINGS
A. Section 12-9A-2: Minor Amendment (staff review): modifications to building
plans that do not alter the basic intent and character of the approved special
development district and are consistent with the design criteria of this
Chapter.
Staff finds that approval of this minor amendment request to add an additional 686
square feet of commercial does not alter the basic intent and character of Special
Development District No. 39, Crossroads. As stated above, there is no change in
the total number of condominiums (77), no change in the amount of allowable gross
residential floor area (198,859 sq. ft.), and all exterior changes associated with this
proposal shall receive Design Review Board review and approval and subsequent
Building Permit review and approval for compliance with all standards and
requirements. The proposed change does affect the required parking for the
development. Required parking for the development will increase by two parking
spaces. The initial approvals for Solaris included surplus parking to be used in a
private parking club. Approval of this minor amendment reduces the number of
surplus parking spaces which can be utilized in the private parking club.
Furthermore, the applicant will be required to mitigate 0.33 employees based upon
Chapter 12-23, Commercial Linkage, Vail Town Code, in conjunction with this
proposal.
B. Section 12-9A-10: Minor modifications consistent with the design criteria
outlined in subsection 12-9A-2 may be approved by the Department of
Community Development. Notification of a proposed minor amendment and a
report of staff action shall be provided to all property owners within or
adjacent to the district that may be affected by the amendment. Notification
shall be postmarked no later than 5 day following staff action on the
amendment and shall include a brief statement describing the amendment
and the time and date of when the Planning and Environmental Commission
will be informed of the staff decision.
Notification of the public hearing and a summary of the request has been provided
to all adjacent property owners.
III. PROCEDURE
Section 12-9A-10, Amendment Procedures, Vail Town Code, provides the procedure for a
minor amendment to a Special Development District. The procedure is as follows:
12-9A-10: AMENDMENT PROCEDURES:
A. Minor Amendments:
1. Minor modifications consistent with the design criteria outlined in
subsection 12-9A-2 (definition of "minor amendment') of this Article, may
be approved by the Department of Community Development. All minor
modifications shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and filed by the
Department of Community Development.
2. Notification of a proposed minor amendment, and a report of staff action
of said request, shall be provided to all property owners within or
adjacent to the special development district that maybe affected by the
amendment. Affected properties shall be as determined by the
Department of Community Development. Notifications shall be
postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement describing the
amendment and the time and date of when the Planning and
Environmental Commission will be informed of the staff decision. In all
cases the report to the Planning and Environmental Commission shall
be made within twenty (20) days from the date of the staff's decision on
the requested amendment.
3. Appeals of staff decisions may be filed by adjacent property owners,
owners of property within the special development district, the applicant,
Planning and Environmental Commission members or members of the
Town Council as outlined in Section 12-3-3 of this Title.
Based upon review of the criteria and findings in Article 12-9A, Special Development District, Vail
Town Code, staff finds the above-referenced amendment to Special Development District No. 39,
Crossroads, is approved in accordance with the procedures as identified in Section 12-9A-10,
Amendment Procedures, Vail Town Code.
Staff's approval of this minor special development district amendment will be reported at a public
hearing before the Town of Vail Planning and Environmental Commission on Monday, November
24, 2008, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road.
The Planning and Environmental Commission reserves the right to "call up" this staff decision for
additional review at this hearing.
Pursuant to Section 12-9A-10, Vail Town Code, appeals of staff decisions may be filed by adjacent
property owners, owners of property within the special development district, the applicant, Planning
and Environmental Commission members or members of the Town Council as outlined in Section
12-3-3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to
contact me at 970-479-2148.
Sincerely,
Warren Campbell, AICP
Chief of Planning
Town of Vail
Attachment:
Letter from the applicant dated November 5, 2008
4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 24, 2008
SUBJECT: Report to the Planning and Environmental Commission of an administrative
action approving a request for a minor amendment to SDD No. 39, Crossroads,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow
for modifications to the approved building plans for Solaris increasing commercial
floor area, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC080068)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning
Group, LLC
Planner: Warren Campbell
On November 20, 2008, the Town of Vail received a letter from attorney Arthur Abplanalp,
representing the Vail Village Plaza Condominium Association. This letter is included for your
review in determining the merits of Staff's approval of the minor amendments to Special
Development District No. 39, Crossroads. At the hearing the Planning and Environmental
Commission will hear a report from Staff regarding the approval, if it is felt that the approval
needs review by the Commission it can call-up Staff's action by making a motion and voting in
favor of that motion. If a call-up is approved by the Commission staff will notice the item and at
the December 22, 2008, hearing the item can be discussed and action taken.
PLANNING AND ENVIRONMENTAL COMMISSION
y. November 10, 2008
TOWNOFY~lL ' 1:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT
Rollie Kjesbo
Michael Kurz
Bill Pierce
Scott Proper
Sarah Robinson-Paladino
Susie Tjossem
David Viele
MEMBERS ABSENT
Site Visits:
1. Mahoney Residence, 433 Gore Creek Drive
1:00 PM
15 minutes
A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of a staircase
within the setback, located at 433 Gore Creek Drive (Vail Trails East Townhomes)/Lot 15, Block
4, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080056)
Applicant: Mark & Noelle Mahoney, represented by Steven James Riden, Architect
Planner: Bill Gibson
ACTION: Denied
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-2-0
(Proper and Robinson-Paladino opposed)
Bill Gibson gave a presentation per the staff memorandum.
Steven Riden, architect representing the applicant, gave an overview of the proposal stating that
while there are many ways to accomplish the proposed connection between the two units that
the location of the stairway in the setback would be more convenient.
The Commissioners expressed their findings that the proposal did not meet the criteria to grant a
variance.
5 minutes
2. A request for a final review of a Conditional Use Permit, pursuant to 12-7D-2, Conditional Uses,
Vail Town Code, to allow for adrive-up facility, located at 2111 North Frontage Road West, Suite
A/Part of Lot 3, Vail Das Schone Filing 3 and setting forth details in regard thereto. (PEC080060)
Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine
Planner: Nicole Peterson
ACTION: Tabled to November 24, 2008
MOTION: Kurz SECOND: Viele VOTE: 7-0-0
5 minutes
Page 1
3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Zoning
Regulations, Title 13, Subdivision Regulations and Title 14, Development Standards, Vail Town
Code, for regularly scheduled housekeeping amendments, and setting for details in regard
thereto. (A more complete description is available at the Community Development Department.)
(PEC080054).
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Withdrawn
4. Approval of October 27, 2008 minutes
MOTION: Kjesbo SECOND: Proper VOTE: 7-0-0
5. Information Update
6. Adjournment
MOTION: Kjesbo SECOND: Proper VOTE: 7-0-0
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 November 7, 2008, in the Vail Daily.
Page 2
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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 November 24, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review for a variance from 12-6E-7, Height, Vail Town Code,
pursuant to 12-17, Variances, Vail Town Code, to allow for a building in excess of 33
feet in height, located at 2754 South Frontage Road West/Lot B, Stephens Subdivision,
and setting forth details in regard thereto. (PEC080066)
Applicant: Lorraine Howenstein, represented by Beth Levine
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-
61-8, Parking and Loading, and Chapter 12-10, Off Street Parking and Loading, Vail
Town Code, to amend parking requirements for employee housing units and to clarify
the parking requirements in the Housing (H) zone district, and setting forth details in
regard thereto. (PEC080067)
Applicant: Town of Vail
Planner: George Ruther
Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No. 39, Crossroads, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications
to the approved building plans for Solaris increasing commercial floor area, located at
141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080068)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
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 November 7, 2008, in the Vail Daily.
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