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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 Attachment A Vicinity Map t~ C LL e~ c~ J '~ ;~ ~~. :. 4 V ~' ~~' ~, y 'P F T ~ ~ Q7 y ~ " 7 ~ .h .. ~ q _e' ~ Y' 1 r ~ '~ 9 f~ ~~+~ .fir ~a° ~+ ~. ... . 4. r - '~ t ~. .,.a 4 r ' - ~ .. ~ ..r1 JG . a -~.~ ~~yF~~ ~4 • ~,. ~ ill -, n4 .k ra `m E 7 Attachment B Architectural Plans I t1~4~?4~b0!~ 4 lirl i'M(I~ Ir$~"r}f.'E y''~'4L ~'e6 ursrrmsuitd :vin eza'uvn 3C4~ ird,r~.,k~}7~w'x~r k 3.C.LBS'L~41 Cl~€7tf'd'l'd:fi%714.-1 P~I~?IC)M lLl 4~3R4~ f@.~ ~ fl ~3Ia3}~'~9V ?3L~III~iP ~i.L~ ~ ~@ IRL _ `L' ~ ~' m ~ o ~ m Q ~ ''~ ~~J Jai ~~ ~ 4U0 X ~>~ ~ o F J. z } ~ ^ ~7 5j `~3 T ~.~ T } Y ~ f 4 ~ ~ M ~ ~~~ ."~ ~ ~ R~ '=:d 5 ~`: f ~ d ~ 'r°I.~`~ .~4`~JRxzt a! 4e= ~ r ~ ~M~~ F ~ g~. a . ! ~~ y x rii~? ~ "-~ 5~ i G ~y ~Y ~~~~°~T k ~'~ ~ '~k Ir 5i . ~~ ~~ ~~ . ~ 5~~ 'p~~r . ~'$~~ ~ ~~ 6 ~~~~ r~ 4~~_g i °~'i ~ e fi #~~~ i .. i1t-. s~L'FF 'e"T t _ i app ,;.:~~ i ; ~~iti`S ~~ ~.~~.~~, Yd'!e~-+~ ~'~ GLiiY ki]al `~~°~ ']hJl' `17r3J.Cl-Q~A~ ~1L~L3T 3{i38 C u~l -E'_lti I I Li 'aa:~ F'ki !5ti' U 'i l ~°,5 'c'' ~1Ji15 `.CS~~«# ilk~~.'7 ;°I'_~t~ I rrr~.'~:~f:f 41.111` 111E `1 ~~_ _ _ ~ I ~ i I ~ q ~- ~-~f ~ 1 I I ~ I~, ! I 1 ~ 6 g I I~Y 1 I ~ I~fl ~ ~ ~e,~ ki I r-M,--I ~ ~' `' y ~I ~ ~ E r'} '<.. t PjEE ~~7 r ,w~ w ~~i Y..u - - E~7 ~ 7'~f71~'3'~:~~~i 9Y~7'fliP~1 of iaaw~Yau! .Tilt t:.s'•uv.s !E'll~r Ils1'!'DiYkk'}-N[1SY '~ ~~°~~ il'~1- ~ ::.'~'t'.f ~il`N;~ F{.l:f~`a ~L[~ •a:~r~~+~ 3n~~i~ urea '~'°~~ ~~~ ~:~~~ S~P~ ~~ f ~: {.1~~~ ~`~~: L'J ., ~v.~ ;; ~~; €1 ~,. ~ ~~j~, ~~~ , ~~ ~+,~~ . ~~~ ~~x~ ~~~~ ~1: ~~ "~ 1 ~ ~~ ~ i ~~ ~ ~ ~ ~ ~ F~ ' ~ ~~ h ~ -; ~.., ~~ ~~~ ~~~~ lU 'n ~~ ~, -~ ~ ~~.. {~ ~~~ ~'~ ~ ! ` 3 E - f ,~ t ~, _ ~ ~~i ~~ FLg S ~ ' i Fkr ~ ~. G7~ p R , iii i# ~ ~a ~ ~, e 1 k1 t ~ ~l ~ ~ ~ G{ h, Sam E S ~~.. .. a , p'p ~;~~~~~ le[ILW~ICf i.cl fCRtf {?7Y7ll.l'141.~ ~wC'a`Iti :3+11 "i737.o-C]~!'~' 3 Fdll's`37' i t l ,e e~ i-s-y IY1 ~1~HI N~.4e~ Ili 'I ' I IlY+. ~~.I.I.lti ~~,~.r~41117r1.e~ti ~y~~~-1 FI~I~I~Y.~ ill~• E ~' ~7~~x~~ ~~k, w'~ 3~~a ~~ ~~,~~~ .~ n~_L -~ ~~ t ~~ ~~ ~' ~ ~ .0 ~~ ~~i ~~ ~~ ~ IAI ~ ,. ~~~ ,f . ~~ w ~ ~ l ~ ~. ~ ~ ~ I E ~ p~- '"`~ ~;{{~ ~~~. __. -- g ~ ,rte . .~.. 1~.. ~ .' ^'1 ~ r - ~ ~~ ~. 1' __ ~ y __ ~ __y ~ ~ I :~ ~~ ~ .h I ~~ ~ ~ L~ s ~4 ~, Sy Q ` 4 F.., , .' ~a ~ ll ~ ly ~~' ~ If' ~; ~' ~ ~ ._~ . ~ o- ~. ~~ ~' ;~1~~ A, ~~ ~ 5~{ ~$Y~« ~ * I ~~ '~i f~q. ~. ~# RA ~: ^ ~ yyy ~ #~ s 4 i w~ ~ ie Y 1 0. ~ `ti~ Z ~~ ~~ ~ ~} ~~ o.l a 1 ;-'I .. ~:_- ~~ 11 Attachment C Traffic Report ~~~r~~~~e~: ~~c~~~i~r~ r~~~ *1 4 1 M~£ R i~ 5 4J Fi M' ~ Y ~+ F S A""I~~YF~r~.l V'1~'~# "1'~: F'}-yli%~ 4'a`~I~li, prs~ssa [.~rin~c~ Bcth L~vin~ ~r~hiist, Ins, C~,~~E: O~tol3er J 3, alt FEE: Lc~~~l Q ~'raf~i~; r'r~s~ssazt~~4 ~{pr~s ir~~k lit ~d~'~~t ~l~i[ ~~€~pirir~~ C.ent~r TFsf~ Carrel I! Trafifc Assessment: was prepare~J to s~tisfj~ the r~ga~r~ment~ t firth iii the t~#~ ~f Cale~r~d~ ~~~~e ~i~lt~r.~a~ ~e~;ess Code 1'N~+4C~ fir ~ site t~et is proposed to generate beiv~e$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 P ~ u~' ~ 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 A~ i#te ladle sql the ~v~r~~$ 3€p~rrus~~a deive~i r7 gees ap p~r~xirn atmi~r 1 traras~r,#i~~~ per dad ~ trips per transacti~r~~. tFae~~, appr~a~imatel+~ ~#t tripe ccor~r irl #h~ ~ ~~k arl~ ~ oc~l~r in the f} peak. ~'h~e p~~k hnUr fir a ffee sF~~p piLail~+ r~c~c~rs ire tine mo~rnir~g, hii~ the peak hraur fear a hank typically c~c~~rs i~ the af#~rn~~r~_ I I $ 41f. ~i"", -°..~~n~ 2Q4 G~rav.`~oa ~_ iGf3 F3 153~]~ $7't7~d~14-1 ~r7-0 F;sx: G~7Cr9~dC~-~i~~C1 13 ~~ver~~~ T~atFlc ia+~n,~ra#i~~ pressra C~rv~-In ~i~s44a C~a~~ 3 o Fri Trap ~i~kri~~#i~n and ~.s~ignm~nt i=~r tt~e purpose ~f a. r~nt`~~~+~~ ar~al~+s~is_ all trr~s ~~ner~~t~d '~~ the ~i~e i~iosk are ~.~s~m.ed try ~ r~te~r and e~iii t~~ ~i:t~ ~t tk~e I'~iil~nryiurrr Banff a€~~ `~`~i ~~ I; tftie ~crffe~ s~vp cnu9d ~ r~arle h~ s~~prp~ers car ur~rkers ir7 ~e arm w(~c~ waRk up, v~~ ~r~g~ ~ort~e to #tie site far r~th~r chapping b}~+ ~th,er a~~es~ p~int~, ~r tl~a~~e p~~sln~ fey ~n ~a~#, 6icy~~l~, ° trar~~it parr ~xi~tie~g E~~ L~u~ ~t~p e~i~~ ~~st urr~st ~f ~fi~ ~ite~. ~]~ ~djustmer~ts ~r~~~~ m~~a t~ a~ceur~t ~r th~s~ ";ir,#~rn~i" ~r "~.~~s- 1~~~' trips tc~ ~Fia~u a u~~ar~it-~;~s~ ~er7~fition fir t~i~ gener~ti~r,_ used vr~ the t~f~ser+~attens a€ the kllialenniurn B~r~k acc~$s, tie ~ ~~s~ibuti~n ~n #~~ ~,it~rth Fr~s~tage F~va~ i~ ~ppr~a3eri~t~1'~ .~~° ~astb~~rbd~~~°~ ~i~~und. The P[Vl peak ~i5tfi~uti~r5 i~ a~pr~xirr~at~l3r ~S~n e~~~f~~I~ni~f~~~.~~ westt~~k~~d. It i~ a~~~rrre~d ~h~at the traf~~ ger~r~t~d by tJ~e c~fiF~~ kFask ~~t~ul~t fall~t~r si~ailar distrab~ati~n~ ~~ these c~hser~e~d en tks~a kr~~~~~ road. 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Mt~`EI~ I .. .._ ~,! s e e a s I ~ U +~ ±. e r c r~ ~ ~ n ~ eo ®~~-r~ i;Cl ~ 7~1 3413-33s" ~ .xrc str ~ ~ I L~fa €TFTOV9 TsUraoa ~r~•' ~,d~s' I rtr f~ . x '~ ~ _ - -- ly 41d~~,.~~~J`9 ~~1'/fY ~f~'•,/ YY~~~ 4k ~~~~1 ~pY ~.L~fiii ~M Attachment D Photos .~.«. I '. ... •:~w.. ~ ry . . -u.. .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) -~ ; ~r ~-- ~' f; E ,~ ~- ~'~~ ~i=~ii --.l ~~ i .-;Y.. ~'`' ~'' '~.` ~, ,: 2~ 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. 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E ~ 0 0 .~ 3 3 t.3 v a Z iy TawN a~ 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 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. ~ ~ U a~i , ~ o ~ v A '.~, N "~ • ~ ctf N ~. ~~~~~ ~ ~ ~ o ~b~~ a >. o ~ .~ ~ cU Q U ~ ~ ~ Ow ~ U ~ ~ ~ _ ~ •~ ~ ~ ~ "" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ o ® ,~ O ~ ~ ~ •O ~ ~,~o a OU W a'bi ~ ~ ~ ~„ °~ 00 ~+ ~~~.~~ ~ ~ ~ fzjW E ~~~~~ a 3 ~ ~ ~ ~ ~ ~~ ® ~~~~~ ~ ~ o ~ ~ ~ ~ ~ > o N . ~ 3 ~+=+ ~ r ~ • ~ ~,, ~ a ~'~~~~ ~ o v ~ ~ °y 3 ~ ~ ~ ~ c ~ `° O ,~ ~ 41 ~ ~ O b~A ~ ~ ~ y .~ ~ O ~ ~ b ~ ~' o ~ ,~ ~ ~ ss, a~ 3 ~ N ~ cd cd A :: ~ G ~ ~ ai ~ ~ • ~ N N N ~ "C1 ~-i ~ U W ~" tai [-~ ~'' H v 00 0 0 N 'd .~ .b c~" a, 00 0 0 N N y z 0 ^C3 ~_ ,"~-+ N 0 a~ 0 .~ 3 .~ .~ P-+ ~~ i