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HomeMy WebLinkAbout2009-0824 PECPLANNING AND ENVIRONMENTAL COMMISSION August 24, 2009 l. 1:OOpm �au�voFV�u � TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Post Residence — 4254 East Columbine Way, Unit 10 2. One Willow Bridge Road/Vail Village 20 minutes A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow an addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto. (PEC090023) Applicant: Cheryl Post, represented by Rodney Molitor Preferred Home Repair Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 45 minutes 2. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the One Willow Bridge Market Place is operating an exterior grill and business transactions in violation of the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PRJ05-0417) Appellant: MOMD, LLC, Planner: Bill Gibson ACTION: MOTION: represented by Robert McNichols SECOND: VOTE: 60 minutes 3. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: Page 1 5 minutes 4. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Table to September 14, 2009 MOTION: SECOND: VOTE: 5 minutes 5. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 14, 2009 MOTION: SECOND: VOTE: 5 minutes 6. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to September 14, 2009 MOTION: SECOND: VOTE: 5 minutes 7. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H- 2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, and conference facilities and meeting rooms on the basement or garden level, multi-family dwelling units, accommodation units and conference facilities and meetings rooms on the first floor or street level, and a fractional fee club on the second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Withdrawn 8. Approval of August 10, 2009 minutes MOTION: SECOND: VOTE: 9. Information Update 10. Adjournment MOTION: SECOND: VOTE: Page 2 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (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 August 21, 2009, in the Vail Daily. Page 3 ► � i I � ► � i [ � ] :7_1► I �1 � J ► � i I TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 24, 2009 SUBJECT: A request for a final review of a variance from 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto. (PEC090023) Applicant: Cheryl Post, represented by Rodney Molitor, Preferred Home Repair Planner: Nicole Peterson SUMMARY The Applicant, Cheryl Post, represented by Rodney Molitor, Preferred Home Repair, is requesting a variance from 12-6G-6, Setbacks, Vail Town Code, pursuantto Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10. This variance request was originally noticed to include a landscape variance however, it was found to be un-necessary. Based upon Staff's review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions stated in section VI II, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot to allow for a 39 square foot addition on the east side. The addition will allow for the expansion of living area. The addition does not encroach further into the side setback than the existing non-conforming structure, which is built within 1 foot of the east property line. III. BACKGROUND The Bighorn Terrace development was constructed in 1967, and was part of the Original Town of Vail established under Court Order 8-26-1966, prior to the adoption of the Vail Town Code in 1973. Most of the existing homes within Bighorn Terrace are encroaching into the side setbacks, making new construction, renovation, or structural changes impossible without the granting of a variance from the side setback regulations set forth in the Medium Density Multiple Family (MDMF) District. Most of the units are also non- conforming to landscaping due to the small lot sizes. Other variances of this nature have been granted to units within the Bighorn Terrace neighborhood and are further described below in Section VII, Criteria and Findings, of this memorandum. IV. APPLICABLE PLANNING DOCUMENTS VAIL TOWN CODE Section 12-2 Definitions (in part) SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. Section 12-6G: Medium Density Multiple Family (MDMF) District (in part) 12-6G-1: PURPOSE: The medium density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20 ), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Section 12-17 Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to /essen 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. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, 2 V. and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, „Conditional Use Permits", and by section 12-3-7, "Amendment" of this title. 12-17-7: PERMIT APPROVAL AND EFFECT: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Lot Area Development Standard Min. Lot Area: Min. Setbacks: Front: Sides: Rear: Max. Building Height: Max. GRFA: Max. Site Coverage: Min. Landscape Area: Min. Parking: 4254 Columbine Way Lot 10, Bighorn Terrace Medium Density Multiple Family Medium Density Residential Two-Family Dwelling 1,437 sq. ft. (.033 acres) Reauired/Allowed 10,000 sq. ft. 20' 20' (east) 20' (west) 20' 38' 804 sq. ft. 45% 30% 2 spaces Existinq 1,437 sq. ft. 24' 1' 0' 3' 20.25' 1,070 sq. ft.* 40.3% 9.3% 2 spaces** Proposed No change No change 1' No change No change No change 39 sq. ft.* 42% No change (Existing deck under addition) No change * The existing structure already exceeds the maximum GRFA. However, the addition is permitted as a 250 addition under Section 12-15, Gross Residential Floor Area, Vail Town Code. ** Common parking areas exist across the street from the subject property, that provide 12 spaces to the neighborhood. However, no private parking spaces exist on the subject property. 3 VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Bighorn Road Town Right-of-Way South: Medium Density Residential Medium Density Multiple Family (MDMF) East: Medium Density Residential Medium Density Multiple Family (MDMF) West: Medium Density Residential Medium Density Multiple Family (MDMF) VII. CRITERIA AND FINDINGS The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot to allow a 39 square foot addition, in an area currently occupied by a deck. The existing non-conforming structure is built within 1 foot of the east property line. The existing residence to the east is also built close to the shared property line (approximately 2 feet from the property line). Staff does not believe the neighbors will be negatively impacted by the proposed addition as there is an existing deck in the location of the proposed addition. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff does not believe approval of the requested setback variance would be a grant of special privilege. Other units with-in the development have been granted variances to the side setbacks. The reason for the non-conformities is that structures in the Bighorn Terrace development were part of the original Town of Vail established under Court Order 8-26-1966, prior to the adoption of the Vail Town Code in 1973. The lot size, lot configuration and existing structure are all physical hardships on this lot which greatly restrict the ability of improvements to be made to the structure without a variance. 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 that approval of the setback variance, allowing a small 39 sq. ft. addition will have a negative effect on the factors listed above. However, there are two issues that involve the utilities and Town right-of-way, described below. It shall be noted that there are existing over-head power lines on the property that will not be moved or altered in any way, with the proposed addition. The utility lines have been reviewed and approved by Holy Cross Energy. Furthermore, the over- head power lines are exempt from the Town of Vail underground utility requirement (Section 14-10-10C) under Section 12-11-3C, Design Approval, Vail Town Code, � which allows a one time exemption for an addition of up to 500 square feet, from Title 14, Design Standards. It shall be noted that portions of the existing fence and deck, in the rear yard (north side) of the property, are within Town right-of-way (Bighorn Road). The Town of Vail Public Works Department has determined that the proposed addition does not directly effect the encroachments, therefore the variance application may move forward. Furthermore, there are other encroachments into the right-of-way in the neighborhood. Public Works will pursue compliance of the neighborhood, separate from this request. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Another factor in consideration of the requested variances is that the Planning and Environmental Commission has approved similar variances within the Bighorn Terrace development. The following map illustrates the locations of the previous variance approvals in the neighborhood. The table on the next page describes each variance. n r � ,. { �, �` r�t �, �� � �` �; � �-�_ � "� !-� ' � �` =-J �. � � _� .' � �� 1 p J'� �}� �. �. +' lG� .� �•.��r� ,� . � �•l. �r ��rim� i c c �� � '�Y:' 5 �d, � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 V L L L L L L L L L L � Q Q Q Q Q O Q Q Q Q Q Q Q Q Q Q � � y--' � � � � � � � � � �..i �' y"' � � � � L L � � � L � � O � O O �--' �� O � � U V 2� � � � � � p � � � p � (6 � p � � Y � � O C U O p � L O (6 � �+ � � �, (6 o� � � (n �' "_' `� L � � � � � � � O � � � � � • � cn N N � C'') � I� � �.� C C � �''� N O�� � � � j (6 O � O O � � cn O O � ' � � � �--� y--� O � � C � y--� y--� � � � O O � � � � � � � O j�` � N N 2� � � N N N O.� O � � O� � � � `� ,� Q O O � U � Y . Y . 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Staff's recommendation is based upon the review of the criteria in Section VII of this memorandum. Should the Planning and Environmental Commission choose to approve the variance request, the Community Development Department recommends, the Commission pass the following motion: "The Planning and Environmental Commission approves a a variance from 12- 6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace" Should the Planning and Environmental Commission choose to approve the variance request, Staff recommends the following condition: "1. The variance approval is contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed addition." Should the Planning and Environmental Commission choose to approve the variance requests, Staff recommends the Commission, make the following findings: "1. That the granting of the variance does not constitute a grant of special privilege inconsistent with the limitations on other properties. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict literal interpretation or enforcement of the setback regulations results in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Town Code. 4. That the strict interpretation or enforcement of the specified regulation would deprive the Applicant of privileges enjoyed by the owners of other properties in the vicinity." ATTACHMENTS A. Vicinity Map B. Letter from Applicant C. Plans D. Public Notice 7 Attachment A: Vicinity Map Attachment B: Letter from Applicant �,�� zs, zoas TQ: Plaiuvng and Envirvnanental Commissian RE: Proiect NarratiVe far 4254 East CQlitml�ine Way, Unii 1�] Bi�hvrn Ten'ace Last year when rny husband was c�uite ill, we realized how snaccess�ble the hause was fox someone wl�o needed a walker. While the upstairs may not ever be eas�ly accessihle due to the narrvw sta.irs, it wauld �ie nace if at least the r�ain �laor was accessible. Accessibiliiy is currently restricted hy the placement of a support colu�u� in the entry to fhe kitahen, and the narrow (2 fi.} door between the l�ath a�ad k'rtchen. The propase� reznvdel wi11 add a sta.ndaxd size door and a shower to ti�e half bath. It �will also reconf gvr� the tcitchen sa that the s�pport calutnn does nat interfere with access. The plans pravide far a sznall extensioza of li�ing ar�a inta the area whi�h is naw wnnd deck [6�t x 5.5ft,} to ofFsei the Iiving space being lost #o �he bathraam expausion anc€ avaxd ��er crowding. The additional space �rrill fit nicely in#o the builc}iwg profile, see photo's #4, #S;#7, #12. This srnall addition will match the existing building desi�nlfuush and vvoulc� not have auy offsite impact. This D�p�ex was consfructed ��he late &�s when the area w�.s unincozpvratec� Eagle C:ounty. Since then is has becvrn,e part a�Vail and is now subject tQ zoning and build.ing codes. Under curreni regulatinns, the duplex �rabahly caulcE not be built. Withaut a �ariance, no additian (na xinatter how sm.ali) can be constructed. �ther units in the develQp�ent ha�e added six�l.ar snnall additions. , i Po�t Owner Represen�ati�e Rodney Mvlitar Freferred Hbme Repaix and Canstructian, LLC 72(1-343-6994 0 ������ JUL 2 7 �p09 ���� ���L ; � , l�� `�" � � = r�� --� �I��! ��� � - :, � ��� �� ti �� :�, �, ,��3 � :i� k � 3' �� � �?�� i � � e i;�+E �1 { ' � ,..�'� �F; '; ;`il� ,. ��,""`- r�-'s "� ��.r_ x T _ ' I..�,. Y � [ ' -. 7 _` , , _ , , l + � � � k ` I �''��� '� r �, �I�':��1°;. t,����`���a��f�,�. 'a! l ,. 3 i � I � �'�(;Y '�!'r '3 � � � �" n �� � � � 1 � � � � �� �� I � °� -I I ' �� � : .. . _ � _ �'_ ,I_ '� �r -v-- I � .� 1 ' �' � �' �� 1 ` 1� � i y i. � r �Y �r ti ` � , -i " •�, _ ` - > > f, �r�. .E .i�'�_��� .� � �-�• �. �- . -'�f�������-"�. �`� �3 � .� � . �ki , T,:�': ' `' � ��.� �I. : '� ! ' '. ,-� '.�.'... i � �:.. � � I� ��� J_ .�e �: � �� �,� � � ` ��\ -rI / k _ �' ,._c €�i' ., 3� 'r y-L7• � �'� � Il���c� Y� f �� ' 9 � [il� `�.. 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I � �� � 1r � ; � � Attachment D: Notice THfS IT�M MAY AFFEGT YDl1R PR[]PERTY Pl1BLIC �lOTICE h10TICE 15 HEREBY GIVEfV that the Planning anci Environmental Cort�mission of the Tawn of Vail wil[ hald a pubiic hearing in accordance with section 12-3-6, Vai[ iown Ct�de, on Aug�st 2�, �[}09, at 1:OD pm in the Town of Vail Nfunicipal Built�ing, in cvnsideratian o�: A req��st fnr a final review of a major exterior altaration, pursuant ta Secti�n 12-TFl-i, Exterior Aitera#ions or Madifications; and requests for condit�onal use permits, pursuant to Secfion 12-7H-2, Permittect and Cvnditional Uses, Basement or Garden L�vel; 5ection 12-7M-3, Permitfed and �Qnditianal Uses, First �lovr or Street Level; 1�-7H-4, Permftted and Conditianal lJses; Seeand Flqar and Above, Vail Town Code, to aflow far the redevelapment �f the Evergreen Ladge, with accammodation units and conference facilities and meeti3�g roams on the basernent or garden levek, accammodation uniis and �onference facilities and rneetings raoms vn �he frsk flaor ar street level, and eating and drinking esta�a[ishm�nt and a fractional fee club on ihe second floor and above, lacated at 250 South �rontage Road WestlLof 2, Black 1, Vail L.ivnshead Filing 2, and setting forth d�tails in regard tf�eretu. [PECQ8fl[i33, P�CD8��72} Applicant: HCT Develapment, represented by TJ Brink Planner: Rachel �riede A request far a final re�iew of a variances fro� 12-6G-�, Setl�acks, 12-6G-9, and �2-6G- 10, Landscaping and Si#e Develapment, Vail Town Cade, pursuan# to Chapter-'[2=97, Variances, Vail Ta�vr� Code, #� aflaw for a residential addition, lacated at 4254 East � Columbine Way, Unit 101Lot 10, �ighorn Terrac�, and setting forth details in regard thereto. (PECOgOD23} $�� �� Applicant: Cheryl Post, represented hy Rodney Molitor Pref�rr�d Home Repair Planner: Nicole Peterson " A request for final review of an appeal of an administrative a�tion, pursuant ta Section �2-3-3, Appeals, Vail Tawn Cade, appealing a staff determination that the 4ne Willaw Bridge MarKet P1ace is aperating an exterivr grill and business transactiorts in vinfa#ian of tIl@ Vafl T4tNf! C4CI@, lacated at 1 Wi11�w Bridge RoadfLot �, Sonnenaip Sul�divisi4n, and setting forth deiails in regard thereia. (PRJDS-i1417) Appellant: MOM[?, I�LC, represen#ed by Robert MciVichols Planner: Bil] Gibson The applications and infc�rrnatian abaut the praposals are avaifaf��e far public inspe�tian during office hours at the T�wn af VaI! Cammunity �evelopment Departmen#, 75 aouth Frontage Rvad. 7he public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Cammunity �levelapment D�partment. Please cafl 970-�i79-2'!38 far additional information. Sign language infierpretation is available upon request, with 24-haur noti�catian. Please call 970-4T9-235�> Telephone far the Hearing fmpaired, far information. Pubfished August 7, 2D�9, in the Vail Daily, 17 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 24, 2009 SUBJECT: A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the One Willow Bridge Market Place is operating an exterior grill and business transactions in violation of the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PRJ05-0417) Appellant: MOMD, LLC, represented by Robert McNichols Planner: Bill Gibson I���JJiI►�i/_1:�'1 On July 31, 2009, MOMD, LLC, represented by Robert McNichols, filed an appeal of the Administrator's determination that the preparation of food and conducting business transactions exterior to the One Willow Bridge lodge within the Market Place outdoor dining area is in violation of the Vail Town Code and the approved One Willow Bridge conditional use permit for a lodge that includes accessory eating, drinking, or retail establishments located within the principal use and not occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on site. This appeal is not a discussion of the merits of allowing or prohibiting the preparation of food and the conducting of business transactions exterior to a lodge within an outdoor dining area. The scope of this appeal is limited to interpreting whether or not such activities are currently allowed or prohibited by the adopted Vail Town Code. Should the Planning and Environmental Commission or the appellant believe the adopted Vail Town Code inappropriately regulates these activities; an application for Prescribed Regulation Amendments to the Vail Town Code would need to be pursued. II. SUBJECT PROPERTY The subject property is the One Willow Bridge lodge located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. III. STANDING OF APPELLANT As the property owner, the appellant has standing to appeal the Administrator's determination pursuant to Section 12-3-3, Appeals, Vail Town Code. IV. REQUIRED ACTION Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental Commission shall uphold, overturn, or modify the Administrator's determination. 1�� �/_� ��J:7 ��] � �:I �_1» �_1 � Statement of Issues • The appellant is preparing food and conducting business transactions exterior to the One Willow Bridge lodge within the Market Place outdoor dining area adjacent to East Meadow Drive. The Administrator has determined that such food preparation and business transactions are in violation of the One Willow Bridge lodge conditional use permit and are in violation of the provisions of the Vail Town Code. • In summary, the appellant contends that "the outdoorgrilling is clearly incidenta/ to the permitted or conditional uses, and necessary for the operation thereof' to the accessory Market Place outdoor dining area. Therefore, the current outdoor grilling of food is not prohibited by the Vail Town Code and does not require the review or approval of a conditional use permit. Please refer to the Appellant's full statement attached to this memorandum (Attachment A). Statement of Fact • One Willow Bridge is located within the Public Accommodation (PA) District. • One Willow Bridge is located within the Vail Village Master Plan periphery area. • One Willow Bridge is defined as a"lodge" for zoning purposes. • The Market Place is a retail establishment and an eating and drinking establishment accessory to the One Willow Bridge lodge. • Permitted uses in the Public Accommodation District include: "Lodges, including accessory eating, drinking, or retail establishments /ocated within the principal use and not occupying more than ten percent (10%) of the tota/ gross residentia/ f/oor area of the main structure or structures on site; additiona/ accessory dining areas maybe /ocated on an outdoordeck, porch, orterrace." • Conditional Uses in the Public Accommodation District include: "Lodges, including accessory eating, drinking, or retail establishments /ocated within the principal use and not occupying between ten percent (10%) and fifteen percent (15%) of the total gross residentia/ f/oor area of the main structure or structures on site. " Please note that the "additiona/ accessory dining areas may be /ocated on an outdoor deck, porch, or terrace" provision is not included in the lodge conditional use. • Accessory Uses allowed in the PublicAccommodation District include "otheruses customarily incidenta/ and accessory to permitted and conditional uses, and necessary for the operation thereof." • Outdoor Displays are not permitted in the Public Accommodation District. • Many of the Town's commercial and mixed use zone districts, including the Vail Village's Commercial Core 1 District, specifically require that all business activities must be "operated and conducted entirely within a building." The provisions of the Public Accommodation District do not include this same specific text. • In 2003, a Conditional Use Permit was approved for the One Willow Bridge lodge and Sonnenalp lodge joint redevelopment (the total accessory eating, drinking, or retail establishments exceeded 10% of the allowable gross residential floor area). • In 2003, a Major Exterior Alteration or Modification in the Public Accommodation District Application was approved for the One Willow Bridge lodge and Sonnenalp lodge joint redevelopment. • The Market Place is an eating, drinking, or retail establishment that is accessory to the One Willow Bridge and Sonnenalp lodges. • The Market Place is currently preparing food and conducting business transactions exterior to the lodge within an outdoor dining area adjacent to East Meadow Drive. • The exterior preparation of food and conducting business transactions within the Market Place outdoor dining area was not proposed, reviewed, or approved as part of the One Willow Bridge lodge and Sonnenalp lodge redevelopment project or the 2 associated conditional use permits. • The Administrator has determined that such food preparation and business transactions exterior to a lodge are in violation of the One Willow Bridge lodge conditional use permit and are in violation of the provisions of the Vail Town Code. • The Appellant has appealed the Administrator's determination. Staff Interaretations • If a use is not specifically listed as a permitted, conditional, or accessory use in a district, is it therefore allowed? Pursuant to Section 12-4-2B, Vail Town Code: "Prohibited /f Not Permitted: The permitted uses, conditional uses and accessory uses in the particulardistricts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made in accordance with section 12-3-4 of this tit/e. " The appellant's food preparation and business transactions exterior to the One Willow Bridge lodge on the Market Place outdoor dining area is not specifically listed as a permitted, conditional, or accessory use in the Public Accommodation District, and are therefore prohibited unless determined to be a similar use. Some form of food preparation and business traction activities are anticipated with any eating and drinking establishment, so the Town of Vail has never interpreted this provision of the Vail Town Code to prohibit a restaurant from having indoor kitchen facilities or from having indoor dining areas as part of its eating and drinking establishment land use. While not every attribute of the restaurant's business is listed in the Town Code, the adopted Vail Town Code clearly establishes a difference between indoor and outdoor restaurant activities. Indoor restaurant dinning areas and indoor restaurant kitchens are not separated from the eating and drinking establishment land use. Outdoor restaurant dining areas (although common to restaurants) are clearly distinguished as separate from the eating and drinking establishment land use by the Vail Town Code. Outdoor dining areas are not only listed separately from eating and drinking establishments in many zone districts (including the PublicAccommodation District); they are also categorized differently than the eating and drinking establishments in a district as separate conditional, accessory, or prohibited (not listed) land uses. Is preparing food and conducting business transactions accessory to an eating and drinking establishment's outdoor dining area? The Market Place eating and drinking establishment is an accessory use to the One Willow Bridge lodge. Allowed accessory uses in the PublicAccommodation District include "other uses customarily incidenta/ and accessory to permitted and conditional uses, and necessaryforthe operation thereof." Offices, businesses, and services are specifically limited to being operated and conducted entirely within a building in the majority of the Town's commercial and mixed use districts. To the best of Staff's knowledge, no other eating or drinking establishments in town are grilling outside a lodge on its outdoor dining area, including other properties within the Public Accommodation District. Therefore, the food preparation and business transactions outside the One Willow Bridge lodge on the Market Place outdoor dining area is not "customary"in the Town of Vail generally or specifically within the 3 Public Accommodation District. The Market Place is an accessory use to the permitted One Willow Bridge lodge. The Market Place has indoor kitchen facilities, indoor points of sale, and both indoor and outdoor dining areas. The Market Place has conducted restaurant operations for several years without exterior food preparation and business activities. Therefore, preparing food and conducting business transactions exterior to the One Willow Bridge lodge on the Market Place outdoor dining area is not "necessary for the operation" of either the conditional One Willow Bridge lodge or its accessory Market Place eating and drinking establishment. Since preparing food and conducting business transactions exterior to the One Willow Bridge lodge on the Market Place outdoor dining area is not customarily incidental to the conditional One Willow Bridge lodge or necessary for the operation thereof, it is not an allowed accessory use to the accessory Market Place eating and drinking establishment. • Is preparing food and conducting business transactions on an outdoordining area allowed in the Public Accommodation District? Since preparing food and conducting business transactions exterior to a lodge on an outdoor dining area is not a permitted, condition, or accessory use; it is not permitted within the Public Accommodation District. Additionally, One Willow Bridge operates as a conditional use lodge in the Public Accommodation District pursuant to Section 12-7A-3, Vail Town Code, as follows: "Lodges, including accessory eating, drinking, orretail establishments /ocated within the principal use and not occupying between ten percent (10%) and fifteen percent (15%) of the tota/ gross residentia/ f/oor area of the main structure or structures on site." This provision states that eating and drinking establishments `located within the principle use"(the principle use is the lodge) are allowed as conditional uses in this district. The list of uses accessory to a lodge requires that said uses will occur within the lodge's "main structure or structures on site". • Does preparing food and conducting business transactions within an outdoor dining area in the Public Accommodation District require a Conditional Use Permit? While Staff does not believe preparing food and conducting business transactions exterior to lodge within an outdoor dining area is permitted, should the Commission interpret such a use is permitted by the Town Code, a conditional use permit is required. Pursuant to Section 12-16-2, Vail Town Code, all Conditional Use Permit applications, including those for an eating or drinking establishment accessory to a lodge (the Market Place), must include "a description of the precise nature of the proposed use and its operating characteristics." This is critical information that must be evaluated by the Commission during the review of a conditional use permit application. Before approving any Conditional Use Permit the Commission must find that "the proposed /ocation of the use and the conditions under which it would be operated ormaintained will notbe detrimenta/ to the public hea/th, safety, orwe/fare ormaterially injurious to the properties orimprovements in the vicinity." A restaurant proposing outdoor food preparation and business transactions clearly differs in location of operation, manner of operation, and impacts to neighboring properties than a restaurant located entirely within a building or a restaurant with an outdoor dining area and no outdoor business activities. Restaurants conducting outdoorfood preparation and business transactions have additional noise, smoke, odor, 4 pedestrian circulation, signage, and aesthetic impacts not associated with other eating and drinking establishments in Vail. In 2003, a Conditional Use Permit was issued for the One Willow Bridge lodge and Sonnenalp lodge redevelopment and their associated conditional accessory uses (including the Market Place), since the total accessory eating, drinking, or retail establishments equaled more than 10% of the allowable gross residential floor area. At that time, the developer did not propose any food preparation or business transaction activities exterior to the One Willow Bridge lodge at the accessory Market Place. Such business locations and methods of operation must be disclosed by the applicant and evaluated by the Planning and Environmental Commission during the course of reviewing a Conditional Use Permit application. Since no such disclosure or review has occurred, Staff believes the appellant's food preparation and conducting of business transactions exterior to the One Willow Bridge lodge on the Market Place outdoor dining deck are in violation of the One Willow Bridge lodge's approved Conditional Use Permit. • Does preparing food and conducting business transactions within an outdoor dining area in the Public Accommodation District require approval of a Major Exterior Alteration or Modification application? While Staff does not believe preparing food and conducting business transactions exterior to lodge within an outdoor dining area is permitted, should the Commission interpret such a use is permitted by the Town Code, Staff believes approval of a Major Exterior Alteration or Modification application is required due to the potential off-site impacts of such activities. In 2003, approval of a Major Exterior Alteration or Modification application was issued for the One Willow Bridge lodge and Sonnenalp lodge redevelopment. At that time, the developer did not propose any food preparation or business transaction activities exterior to the One Willow Bridge lodge at the accessory Market Place. A restaurant proposing outdoor food preparation and business transactions clearly differs in location of operation, manner of operation, and impacts to neighboring properties than a restaurant located entirely within a building or a restaurant with an outdoor dining area and no outdoor business activities. Restaurants conducting outdoor food preparation and business transactions have additional noise, smoke, odor, pedestrian circulation, signage, and aesthetic impacts not associated with other eating and drinking establishments in Vail. Such business locations and methods of operation must be disclosed by the applicant and evaluated by the Planning and Environmental Commission during the course of reviewing a Major Exterior Alteration or Modification application. Pursuant to Section 12-7A-13, Vail Town Code, "lt shall be the burden of the applicant to prove by a preponderance of the evidence before the P/anning and Environmenta/ Commission and the Design Review Board that the proposed exterior a/teration or new deve/opment is in compliance with the purposes of the Public Accommodation District, that the proposal is consistent with applicable e/ements of the Vail Village Master P/an, the Vail Village Urban Design Guide P/an and the Vail Streetscape MasterP/an, and that the proposa/ does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposa/ substantially complies with other applicable e/ements of the Vail Comprehensive P/an." Since no such applicant disclosure or Commission review has occurred, Staff believes the appellant's food preparation and conducting of business transactions 5 exterior to the One Willow Bridge lodge on the Market Place outdoor dining deck are in violation of the One Willow Bridge lodge's Major Exterior Alteration or Modification approval. Are food preparation outdoor dining area "outdoor display"? and business transactions exterior to a lodge on an n the Public Accommodation District allowed as an Outdoor Displays are not permitted in the Public Accommodation District. What precedent would be set by interpreting that food preparation and business transactions are allowed exteriorto the One Willow Bridge lodge on the Market Place outdoor dining area? Interpreting that the Vail Town Code allows for food preparation and business transactions exterior to the One Willow Bridge lodge within the Market Place outdoor dining area will not set a legal precedent for other businesses in Vail; however, a political precedent may be set. Should the Commission interpret that the Vail Town Code allows such outdoor activities, Staff anticipates other businesses in the Public Accommodation District, (Four Seasons, Vail Plaza Hotel, Vail Village Inn, First Bank, Sonnenalp, Talisman, Village Center, Austria Haus, Mountain Haus, Villa Valhalla, Ram's Horn, Tivoli, Christiania, and the Roost Lodge in the Public Accommodation 2 District) Vail Village, and Lionshead will follow suit in requesting that similar business activities also be allowed to occur outdoors. 1�/�e1»�[�_1 3��»e1�l�ll�[rI�Z�Z��J►�il����? Section 12-3-3: Appeals A. Administrative Actions: Any decision, determination or interpretation by any town administrative official with respect to the provisions of this tit/e and the standards and procedures hereinafter set forth shall become fina/ at the next planning and environmental commission meeting (orin the case ofdesign re/ated decision, the nextdesign reviewboard meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. B. Appea/ of Administrative Actions: 1. Authority: The planning and environmental commission shall have the authority to hear and decide appea/s from any decision, determination or interpretation by any town administrative official with respect to the provisions of this tit/e and the standards and procedures hereinafter set forth, except that appea/s of any decision, determination or interpretation by any town administrative official with regard to a design guideline shall be heard by the design review board. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation byanyadministratorwith respectto this tit/e. "Aggrieved oradverselyaffected person" means any person who will suffer an adverse effect to an interest protected or furthered by this tit/e. The alleged adverse interest may be shared in common with other members of the community at /arge, but shall exceed in degree the general interest in communitygood shared byall persons. The administratorshall determine the standing ofan appellant. If the appellant objects to the administrator's determination of standing, the planning and environmental commission (or the design review board in the case of design 6 guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the planning and environmental commission (or the design review board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appea/ shall not be heard and the origina/ action or determination stands. 3. Procedures: A written notice of appeal must be filed with the administrator or with the department of community deve/opment rendering the decision, determination or interpretation within twenty (20) ca/endardays of the decision becoming final. If the /ast day forfiling an appea/ falls on a Saturday, Sunday, ora town observed holiday, the /ast day for filing an appea/ shall be extended to the next business day. The administrator's decision shall become fina/ at the next planning and environmental commission meeting (orin the case of design re/ated decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appea/ on forms provided by the town. The filing of such notice of appeal will require the administrative official whose decision is appea/ed, to forward to the planning and environmental commission (or the design review board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appea/ and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent orthe board of directors of the condominium association) at/eastfifteen (15) ca/endardays prior to the hearing. A hearing shall be scheduled to be heard before the planning and environmental commission (or the design review board in the case of design guidelines) on the appeal within thirty (30) ca/endar days of the appeal being filed. The planning and environmental commission (or the design review board in the case of design guidelines) may grant a continuance to allow the parties additiona/ time to obtain information. The continuance shall be allowed for a period not to exceed an additiona/ forty (40) ca/endar days. Failure to file such appea/ shall constitute a waiver of any rights under this tit/e to appea/ any interpretation or determination made by an administrator. 4. Effect Of Filing An Appeal: The filing of a notice of appea/ shall stay all permit activity and any proceedings in furtherance of the action appea/ed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (orthe design review board in the case ofdesign guidelines) and the appellant that a stay poses an imminent peril to life orproperty, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines). 5. Findings: The planning and environmental commission (orthe design review board in the case of design guidelines) shall on all appea/s make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this tit/e have orhave not been met. 6. Fee: The town council may set a reasonable fee for filing an appea/ of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which 7 shall be maintained in the department of community deve/opment. The fee shall be paid at the time the appeal is filed. Article 12-7A: Public Accommodation (PA) District 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professiona/ offices, medica/ facilities, private recreation, commercial/retail and re/ated visitor oriented uses as may appropriately be /ocated within the same zone district and compatible with adjacent /and uses. The public accommodation district is intended to ensure adequate light, air, open space, and otheramenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site deve/opment standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Automated teller machines (ATMs) exterior to a building. Employee housing units, as further regulated by chapter 13 of this tit/e. Lodges, including accessory eating, drinking, or retail establishments /ocated within the principal use and not occupying more than ten percent (10%) of the tota/ gross residentia/ f/oor area of the main structure or structures on the site; additiona/ accessory dining areas may be /ocated on an outdoor deck, porch, or terrace. 12-7A-3: COND/T/ONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this tit/e. Communications antennas and appurtenant equipment. Fractiona/ fee club units, as further regulated by subsection 12-16-7A8 of this tit/e. Hea/thcare facilities. Lodges, including accessory eating, drinking, orretail establishments /ocated within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the tota/ gross residentia/ f/oor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultura/ and fraterna/ organizations. Private parking structures. Private unstructured parking. Professiona/ and business offices. Public and private schoo/s. Public buildings, grounds and facilities. Public parking structures. Public parks and recreationa/ facilities. Public transportation termina/s. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. 12-7A-4: ACCESSORY USES: � The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this tit/e. Meeting rooms. Minor arcades. Swimming poo/s, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidenta/ and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20 ), and the minimum rear setback shall be twenty feet (20 ). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exteriora/terations ormodifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geo/ogically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks comply with applicable e/ements of the Vail Village urban design guide plan and design considerations. C. Proposed building setbacks will provide adequate availability of light, air and open space. D. Proposed building setbacks will provide a compatible re/ationship with buildings and uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards 12-7A-12: EXTER/OR ALTERAT/ONS OR MOD/F/CAT/ONS: A. Review Required: The construction of a new building or the a/teration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this tit/e. However, any project which adds additiona/ dwelling units, accommodation units, fractiona/ fee club units, any project which adds more than one thousand (1,000) square feet of commercia/ f/oor area or common space, or any project which has substantia/ off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a majorexteriora/teration in accordance with this chapterand section 12-3-6 of this tit/e. Complete applications for major exterior a/terations shall be submitted in accordance with administrative schedules deve/oped by the department of community deve/opment for planning and environmenta/ commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Anyapplication forcondominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administratorshall establish the submittal requirements foran exteriora/teration ormodification application. A complete list of the submittal requirements shall be maintained by the administratorand filed in the department of community deve/opment. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the � applicant that the information and materia/s required are not re/evant to the proposed deve/opment or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission ofadditional plans, drawings, specifications, samplesand othermateria/s if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptua/ Review: If requested by either the applicant or the administrator, submitta/s may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, ora work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be he/d in accordance with section 12-3-6 of this tit/e. The planning and environmental commission may approve the application as submitted, approve the application with conditions ormodifications, ordeny the application. The decision of the planning and environmenta/ commission may be appea/ed to the town council in accordance with section 12-3-3 of this tit/e. 5. Lapse OfApproval: Approva/ of an exteriora/teration as prescribed by this artic/e shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed forreasonable and unexpected de/ays as /ong as code provisions affecting the proposal have not changed. 12-7A-13: COMPL/ANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior a/teration or new deve/opment is in compliance with the purposes of the public accommodation district, that the proposal is consistent with applicable e/ements of the Vail Village master plan, the Vail Village urban design guide plan and the Vail streetscape master plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposa/ substantially complies with other applicable e/ements of the Vail comprehensive plan. 12-7A-14: M/T/GAT/ON OF DEVELOPMENT /MPACTS: Property owners/deve/opers shall a/so be responsible for mitigating direct impacts of their deve/opment on public infrastructure and in all cases mitigation shall bear a reasonab/e re/ation to the deve/opment impacts. lmpacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be ba/anced with the goa/s of redeve/opment and will be determined by the planning and environmental commission in review of deve/opment projects and conditional use permits. Substantia/ off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadwayimprovements, pedestrian walkwayimprovements, streetscape improvements, stream tract/bank restoration, loading/delivery, public artimprovements, and similarimprovements. The intent of this section is to only require mitigation forlarge sca/e redeve/opment/deve/opment projects which produce substantia/ off site impacts. VII. STAFF RECOMMENDATION 10 Based upon review of Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission upholds the Administrative determination that the One Willow Bridge Market Place is operating an exterior grill and business transactions in violation of the Vail Town Code. Should the Planning and Environmental Commission choose to uphold this Administrative determination; the Community Development Department recommends the Commission pass the following motion: "Pursuant to Section 12-3-3, Appea/s, Vail Town Code, the P/anning and Environmental Commission upho/ds the administrative determination that the One Willow Bridge Market P/ace is operating an exteriorgrill and business transactions in vio/ation of the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to uphold the administrative determination, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of Section V of the Staff's August 24, 2009, memorandum and the evidence and testimony presented, the P/anning and Environmental Commission finds: 1. That preparing food and conducting business transactions exterior to a lodge within an outdoor dining area are not customarily incidenta/ and accessory to, or necessary for the operation of, the One Willow Bridge lodge or the Market P/ace eating and drinking establishment. 2. That preparing food and conducting business transactions exterior to the One Willow Bridge /odge within the Market P/ace outdoordining area is in vio/ation of the One Willow Bridge /odge approved Conditional Use Permit. 3. That preparing food and conducting business transactions exterior to the One Willow Bridge /odge within the Market P/ace outdoordining area is in vio/ation of the One Willow Bridge /odge approved MajorExteriorA/teration or Modification application. 4. That preparing food and conducting business transactions within the Market P/ace outdoordining area are not allowed as an outdoordisplay in the Public Accommodation District. 5. That preparing food and conducting business transactions exterior to a lodge within an outdoor dining area is not allowed in the Public Accommodation District by the Vail Town Code." VII. ATTACHMENTS A. Appellant's Statement dated July 31, 2009 B. Photograph of Market Place outdoor grill 11 Attachment A Marketplace on Meadow Drive One Willow Bridge Road Vail, Colorado 81657 ,July 31, 2009 Planning and Environmental Commission Town of Vai l c/o Warren Campbell, AICP 75 South Frontage Road Vail, Colorado 81657 Re: Lot 2, Sonnenalp Subdivision Staff opinion letter dated ,July 17, 2009 Commissioners: Triis letter shall serve as a supplement to our appeal of the staff's interpretation affecting the operation of our business know as Marketplace on Meadow Drive located at One Willow Bridge Road. One Willow Bridge Road is a recently completed and successful redevelopment within the Town of Vail. With this project we have residential single family condominium, fractional ownership condominium and commercial condominium ownership and uses. The commercial uses are responsive to the expressed needs of Vail business owners, full and part time residents and fill residential needs as well as retail and service establishment gaps in the retail business category specifically lacking within Vail Village prior to its completion. I am extremely proud having developed this project, both its' residential and commercial components and I believe that we have successfully added to the lifestyle, quality and enjoyment in housing options as well as food, beverage and entertainment along East Meadow Drive and within the Town of Vai I. One Willow Bridge Road is different than many properties located within core of Vail Village in that the property is zoned Public Accommodation (PA) rather than Commercial Core 1(CC1) like the remainder of the village. The code provisions regulating properties zoned PA are different than CC1. Our dining and retail uses, both indoors and outdoors are located within the limits of our private property and none of our delivery or service areas are located on Town right-of-way like so many of the other properties within the Village. Our Town of Vail issued liquor license permits service and consumption of alcoholic beverages within indoor and outdoor areas on our private property in specifically designated and controlled areas. Nature of the InterQretation: Apparently the owner of another retail food establishment located within the CC1 zone district on Bridge Street has complained to the Town that the Marketplace on Meadow Drive outdoor dining function including grilling a limited number of inenu items on our outdoor dining deck does not comport with code restrictions in other areas of the Town of Vail and complained that they should have the same opportunity under their different property and zoning conditions. There are several reasons why that business and numerous others in Vail Village would not have this opportunity, the primary one being that most do not have adequate private property for these accessory uses adjacent to their dining establishments or privately owned and zoned outdoor dining areas where such a service option could be conducted. The Town staff has written an opinion letter dated �uly 17, 2009 suggesting that we are conducting our business outdoors in violation of the Town Code and issued its "interpretation" of the Town Code in that letter. They have demanded that we cease the preparation of grilled food outdoors and have threatened citations and other enforcement meas�res if we fail to comply with demands contained in their opinion letter. In response to our objection and disagreement with the staff interpretations in their letter, the staff has allowed us to continue with our operation outdoors pending a review and ruling by the PEC. We thank them for their forbearance and respectfully disagree with the staff's interpretation offering the following language and fact directly from the Town Code in support of our ongoing conduct of this one aspect of our unique business operation. Our A�.R.�al: There are two interpretations referenced in the Town's opinion letter at issue. The first opinion is that outdoor grill located on the outdoor dining deck is not allowed; the second opinion that the use of an unenclosed dining deck requires the application and issuance of a conditional use permit. 1. Outdoor Grill The interpretation by staff cites section 12-7A-2 Permitted IJses and opines that accessory uses must be conducted within the principal use. However the code section referenced reads as �, follows: "Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (1096) of the total gross residential floor area of the main structure or structures on the site; additional accessorv dining areas may be located on an outdoor deck� norch, or terrace." The code is clear that the principal use is to be located within a structure but that "additional" accessory dining areas may be located on an "outdoor" deck, porch, or terrace without limitation as to area or size. We further believe that the grilling of food is ancillary to the outdoor dining component and really not different than the other ancillary activities common to outdoor dining including consuming of food, payment for food, and prep areas where drinks and food are prepared and delivered for consumption. The primary kitchen is located within the building but ancillary food preparation occurs on the outdoor private property and within the outdoor dining area. The Code allows for the staff or the PEC to consider this function as an accessory use pursuant to section 12-7A-4: Accessory Uses as detailed below: "Other uses customarily incidental and atcessory to permitted or conditional uses, and necessary for the operation thereof." The outdoor grilling is clearly incidental to the permitted use of an outdoor dining deck. The interpretation by staff states that "in reviewing the regulations staff confirmed that the Public Accommodation District and the Commercial Core 1 District (the zoning of the majority of Vail Village) both contain provisions for restricting the operation of retail and commercial to within the prin�ipal structure." This statement is untrue. The PA zone district contains no provisions limiting retail or commercial activities to within the principal structure as is evidenced by specific language allowing outdoor dining decks as an additional accessory permitted use. Unlike the PA zone district, the CC1 zone district includes as provision found in section 12-7B-18, "Lo�ation of Business Activity" as follows: "A. Limitations; Exception: All ofFices, businesses, and services permitted by sections 1�-7B-Z through 12-7B-5 of this article, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display." This section does not exist in the PA zone district and therefore the concept that all activities must occur within the primary structure does not apply in this zone district as it does within CC1. We believe that based on the Code Sections we have cited above, it is clear that the ancillary and accessory grilling of food in connection with an outdoor dining deck is an allowable accessory use at the Marketplace on Meadow Drive located in the PA zone on private property at the One Willow Bridge Road. 2. Conditional Use Permit: The staff interpretation states that because the property is included in a combined zone lot with the Sonnenalp Resort and the combined project was approved for more than 10% of the floor area as commercial or retail space within the buildings requiring a conditional use permit, that use of the outdoor dining deck for grilling is also a violation of the conditional use permit. We believe this interpretation to be incorrect. In the PA zone district there are limitations on the amount of �Iloor area allowed for accessory eating and drinking as well as retail functions. Within Section 12-7A-2: Permitted Uses the code states the following: "Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of �the main structure or structures on the site; additional accessorv dining areas may be located on an outdoor deck o�rch_, or terrace." In the listing of permitted uses, lodges with accessory eating and drinking are limited to 10% of the floor area of the main structure, then there is a semi colon (;) after which it states "additional accessory dining areas may be located on an outdoor deck^porch� Qr terrace." Clearly outdoor dining was not being limited by the 10% limitation and is allowed as a permitted use on the property regardless of the area that the outdoor dining occupies. The limitation on floor area was directed at limiting the size of structures and insuring a relationship between the size of the lodge to the retail or commercial component. Section 12-7A-3: Conditional Uses, found within the PA zone district states: "Lodges, including accessory eating, drinking, or retail , establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (159� of the total gross residential floor area of the main structure or structures on the site." If the floor area of the building occupied for commercial uses is in excess of 10% and below 15%, then a conditional use is required. Note that the language is similar to that of the permitted uses except that it does not include the provision that "additional accessory dining areas may be located on an oiatdoor deck, porch, or terrace." This also makes it clear that outdoor dining decks are considered a permitted use and not a conditional use. The staff interpretation cites as an example the enclosure of the Sonnenalp Resort Ludwig's Restaurant outdoor dining deck being an increase to the percentage of commercial floor area and thus requiring a conditional use permit. It is true that because this area was enclosed into the main structure that it required a conditional use permit. It did not, however, require a conditional permit when it was just an outdoor dining area. If you follow the logic of the stafF interpretation being applied to the Marketplace on Meadow Drive outdoor dining deck by suggesting it requires a conditional use permit, then there would have been no need to require Ludwig's new enclosure to obtain a conditional use permit as that area would have already been included in the commercial floor area when operated as an outdoor dining deck. The fact that Ludwig's expansion required a conditional use permit only when enclosed, supports our interpretation that outdoor dining areas and ancillary uses are "permitted" uses in the PA Zone District not requiring conditional use permits unless enclosed. In fact we believe the proper interpretation is that outdoor dining decks within the PA zone district are permitted uses and not included in the floor area restrictions. 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'y.� � .N _ . 2 � �"�"� .«...3 ",:s�t�r�k '` �r I .� ,.. . .� ..o <..a��.csr..a.,x� ..�. �ow� oF v� v Department of Community Development 75 South Frontage Road I/ail, Colorado 81657 970-479-2138 FAX 970-479-2452 www. vailgou com Bob McNichols 1 Willow Bridge Road Vail, CO 81657 Re: Lot 2, Sonnenalp Subdivison Mr. McNichols, July 17, 2009 This letter is being provided in response to our conversation at the One Willow Bridge Market Place on June 22, 2009, in which we discussed the Town Staff's belief that you were operating an exterior grill and business transactions in violation of the Town Code. At this meeting I explained the following from my June 12, 2009, email to you: "One Willow Bridge is located within the Public Accommodation District which has a p�incipal purpose of providing lodge land uses. Accessory to this is a retail component as seen below. Furthermore the language in this zone district speaks to the operation of the accessory retail component within the principal use. 12-7A-2: PERMITTED USES: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or sfructures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 12-7A-3: CONDITIONAL USES: Lodges, including accessory eating, drinking, or retail establishments located within the principa! use and occupying between ten percent (10%) and fifteen percent (15%} of the total gross residential floor area of the main structure or structures on the site. Therefore the operation of the outside BBQ grill is in violation of the regulations of the Code as it is not located within the principal use. The only exception to this is when a business is pa�ticipating in a special event approved by the Town of Vail. The Town has received at least only concerned call regarding your operation of the grill outside of your establishment which brought this to our attention. In reviewing the regulations staff confirmed that the Public Accommodation District and Commercial Core 1 District (the zoning of the majority of Vail Village) ��•iRECYCLED PAPER U' both contain provisions for restricting the operation of retail and corrimercial to within the principal structure. These provisions exist as the vision of the writers was to create a particuiar ambiance within Vail. The regulations and master plans which the Town has adopted are designed to create a world class resort which exudes class, cleanliness, beautiful architecture, vitality, etc. This is why you do not see street vendors throughout Vail, with the exception of the popcorn wagon and special events. The Town receives numerous request from business to operate within the right-of-way and in front of their permanent businesses each year." � As a resuft of our conversation I informed you that I would research the file to determine more of the facts surrounding the approvals of the Sonnenalp addition and the project now known as One Wllow Bridge. In perForming this review I have confirmed that the Sonnenalp addition and One Willow Bridge (project) were approved simultaneously on May 12, 2003, as a single development project due to the shared subterranean improvements and the desire of Mr. Fessler to divide the development potential in terms of accommodation units and dwelling units in a manner consistent with the zoning. Furthermore, I have confirmed that a conditional use permit was granted to this project to a11ow it to exceed 10% of the gross residential floor area in retai! floor area. A conditional use allowing for 12.5% was approved. Subsequenf to this approval the allowable square footage of commercial floor area was increased to 13.5% with the enclosure of the Ludwig's deck. Per the conditional use process, Chapter 16, Conditional Uses, Vail Town Code, the Planning and Environmental Commission reviews proposals for land uses which are deemed necessary to be scrutinized to a greater degree as they may have impacts that need to be mitigated through the imposition of conditions controlling operational aspects. In this case commercial floor area in excess of 10% of the gross residential floor area is identified as a conditional use within the Public Accommodation district. As a part of your current approvals the Planning and Environmental Commission approved plans absent the incorporation of exterior food preparation and conduct of business transactions. As stated in my June 12, 2009, email correspondence fhere have historically been concerns with an operation of uses similar to the one you are conducting currently. In conclusion, the Town Staff believes you are operating the exterior preparation and sale of food in violation of the approved conditional use permit. Staff further believes the language stating that the conditional commercial use occurs within the principal use and occupying floor area prohibits the outdoor operation of the preparation and sale of food. To rectify this violation you need to cease the operation of the exterior preparation and sale of food. This includes the removal of the grill, tables, etc. This use needs to cease by no latter than Monday July 20, 2009, at 11:00 a.m. Should you feel that Staff's interpretation of the Code is incorrect you can submit an appeal of staff's determination per Section 12-3-3, Appeals, Vail Town Code, to be scheduled and heard before the Planning and Environmental Commission. Should you choose to appeal Staff's interpretation of the regulations contained within the Public Accommodation District you must cease all activities identified as a violation until such time as there is a hearing and a determination. 2 � I look forward to working with you to rectify this violation and resolve the matter in a timely fashion. Should the operation of the exterior preparation and sale of food occur on Monday July 20, the Town will issue a first warning and begin the Code Compliance process which may result in an issuance of a citation. If you have any further questions or comments please feel free to contact me by email at wcampbell(a�vailqov.com or by phone at 970-479-2148. Sincerely, ����� Warren Campbell, AICP Chief of Planning Town of Vai1 Cc: George Ruther, Director of Community Development Bob Webb, Code Compliance Officer File 3 VAIL VILLAGE PLAZA CONDO ASSOC. C/0 ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAIL, CO 81658 )OSEF STAUFER P 0 BOX 666 VAIL, CO 81658 SOLARIS PROPERTY OWNER LLC 2211 N FRONTATGE RD STE A VA1L, CO 81657 HI$BERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 83001 VAIL CORE CONDO ASSOCIATION VAIL TAX & ACCOUNT[NG, INC. P 0 BOX 5940 AVON, CO 81620 VAIL CORP IN CARE OF THE F[XED ASSETS DEPARTMENT 390 I�ITERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 TOWN OF VAIL F[NANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 EDELWE[SS CONDOM[NIUM ASSOCIAT[ON TOM SAALFELD 2478 GARM[SCH DRIVE VAIL, CO 81657 �'`�...�.,,,�,„ ��,,,,� -� �_ RIVERHOUSE CONDOMINIUM ASSOCIATION, INC. R. GREGORY STUTZ 1660 LINCOLN STREET, SU[TE 2850 DENVER, CO 80264 TALISMAN CONDOMINIUM ASSOCIATION W. THOMAS SAALFELD 2478 GARM[SCH DRIVE VAIL, CO 81657 SONNENALP PROPERTIES [NC 20 VAIL RD VAIL, CO 81657 � �• d �. .� . ,�A��� � _� ^ r , , � �. ��y ��� � : �� �` ��� � ��"���] ' . , -j� J i �� ���� � — � �-� '! `� r , a�'. � � y '�.� ;+��aw+,'- Z i . . .. + ..... .r _ _ _ i ._ .� � � �. Attachment B �`�� _ � � . `,....� � � � � � � -����.�:�. � �. � 1 �,,,•' � � � L� � tl � MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 24, 2009 SUBJECT: A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede PURPOSE The applicant, the Town of Vail, is requesting a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, to allow for housekeeping, clarification and policy shifts within the Town of Vail, and setting forth details in regard thereto. The purpose of this work session is to discuss policies and regulations related to deed- restricted employee housing. Because this is a work session, no formal action is required at this time. Staff requests that the Commissioners listen to the presentation, ask any pertinent questions, and provide feedback on the proposed regulations. Staff also requests that this item be tabled to the September 28, 2009 meeting for further deliberation. II. BACKGROUND As a result of the Vail 20/20: Focus on the Future process, the Town adopted a housing goal of deed-restricted employee housing for 30% of the workforce within the Town of Vail. On April 3, 2007, the Town adopted inclusionary zoning and commercial linkage regulations that require mitigation of development impacts via provision of employee housing. On May 20, 2008, the Town adopted additional regulations to require that a portion of required employee housing be provided on-site for redevelopment and new construction. The Town's goal on employee housing was reaffirmed with the adoption of the Vail Employee Housing Strategic Plan on September 2, 2008. III. DESCRIPTION OF THE REQUEST The following topics of discussion are aspects of the employee housing regulations within Chapter 12-13, Employee Housing Regulations, Vail Town Code. Within the existing regulations, there are ten types of employee housing units. These types are regulated by Section 12-13-4, Requirements by Employee Housing Unit Type (provided in Attachment A for reference), and include requirements for the following, all of which will be evaluated in this memo for policy validation: • zone district • ownership scenario • Gross Residential Floor Area (GRFA) credit 1 • site coverage bonus • landscaping reduction • garage GRFA credit • storage requirements • parking requirements • minimum and maximum size • density controls 1. Should ownership requirements for employee housing units be amended? Existing regulations allow all employee housing units to be sold separately except for Type II and Type V EHUs, which are required to be tied to the dwelling unit. Type II EHUs are allowed in Single-Family Residential, Agriculture and Open Space, as well as on lots over 14,000 sq ft in the Two-Family Residential and Two-Family Primary/Secondary Districts. Type V EHUs are permitted in the Hillside Residential Districts. The Type II and Type V EHUs are attached to dwelling units, and are currently required to be owned by the dwelling unit owner (or one of the owners in Two-Family Residential and Two-Family Primary/Secondary Districts). The original purpose for single ownership was to create caretaker units that were small and housed property management employees. Single ownership also removed any issues that arise from multiple ownership on one lot. While this creates a rental opportunity for dwelling unit owners, these regulations reduce the amount of housing that is available as for-sale to employees and other entities who wish to rent the units to employees. The goal of employee housing is to house employees, regardless of ownership scenario, and enforcement only confirms occupancy by an employee. Policy question for PEC: Should ownership requirements for employee housinq units be amended? Staff recommends that all employee housing units be permitted to be sold separately, although the option to keep the EHU as part of one parcel with the dwelling unit would remain. 2. Should regulations be amended to allow for additional building separation of employee housing units and dwelling units? In order to have separation of units and/or garages in a duplex, the Design Review Board must determine there is a significant site constraint. The regulations, within Section 14- 10-6, Residential Development, are as follows: B. The presence of significant site constraints may permit the physica/ separation of units and garages on a site. The determination of whether or not a/ot has significant site constraints shall be made by the design review board. Significant site constraints" shall be defined as natura/ features of a/ot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wet/ands, other natural features, and existing structures that may create practical difficulties in the site planning and deve/opment of a/ot. S/ope may be considered a physica/ site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before fina/ design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the /ot and a preliminary site plan of the proposed structure(s). C. The residentia/ deve/opment may be designed to accommodate the deve/opment of dwelling units and garages in more than one structure if the design review board 2 determines that significant site constraints exist on the /ot. The use of unified architectura/ and /andscape design as outlined herein shall be required for the deve/opment. In addition, the design review board may require that one or more of the following common design e/ements such as fences, walls, patios, decks, retaining walls, walkways, landscape e/ements, or other architectura/ features be incorporated to create unified site deve/opment. In addition to the above regulations, Chapter 12-13, Employee Housing, includes regulations that allow Type I EHUs to be built on existing separated garages. The provision also allows the Design Review Board to permit a 500 sq ft or less Type 1 EHU, which is allowed on sites less than 14,000 sq ft within the Two-Family Residential and Two-Family Primary/Secondary Districts, to be separated from the dwelling unit. The regulations, within Section 12-13-3, General Requirements, are as follows: B. Deve/opment Standards: 5. An EHU may be /ocated in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type / EHU of five hundred (500) square feet or less of GRFA may be considered for physica/ separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. The above provisions provide an incentive to build a two-car garage for Type I EHUs, since separation allows for a single-family home feel, and helps separate the units for future exterior alterations. Policy Question for PEC: Should requlations be amended to allow for additional buildinq separation of employee housinq units and dwellinq units? Staff believes that this provision should be extended to all EHUs within low-density residential districts, including Single Family Residential, Two-Family Residential, Two-Family Primary/Secondary, Hillside Residential, and Residential Cluster Districts. This would provide incentive to build a two-car garage for EHUs, so long as adverse impacts do not occur. Staff also recommends the limitation of 500 sq ft for unit size be eliminated. 3. Should regulations be amended to standardize and thus, provide additional incentives for employee housing units? Incentives for EHUs, including additional GRFA, GRFA garage credit, additional site coverage, and reduced landscaping requirements are not uniform among the types of EHUs. With the goal of eliminating types of EHUs, Staff will move the regulations for EHU incentives to each individual zone district, where regulations for site coverage, landscaping and GRFA are located. The following chart summarizes the incentives for EHUs by zone district as currently adopted: Zone District GRFA Site coverage/ Garage/ Storage EHU Landscaping Credits Mitigation Bonus? Required? Single-Family Residential 550 sq ft extra No 300 sq ft garage credit No GRFA for up to 1 space OR must have 75 sq ft storage (GRFA credit) Two-Family Primary 550 sq ft extra 5% extra site 300 sq ft garage credit No Secondary (less than GRFA coverage, 5% for up to 2 spaces (600 14,000 sq ft) reduction in sq ft total) OR must have landscaping 75 sq ft storage (GRFA requirement credit) Two-Family Primary 550 sq ft extra No 300 sq ft garage credit No Secondary GRFA for up to 1 space OR must have 75 sq ft storage (GRFA credit) Two-Family Residential 550 sq ft extra 5% extra site 300 sq ft garage credit No (less than 14,000 sq ft) GRFA coverage, 5% for up to 2 spaces (600 reduction in sq ft total) OR must have landscaping 75 sq ft storage (GRFA requirement credit) Two-Family Residential 550 sq ft extra No 300 sq ft garage credit No GRFA for up to 1 space OR must have 75 sq ft storage (GRFA credit) Hillside Residential No No No No Residential Cluster Unlimited No No No GRFA Low Density Multiple Unlimited No No No Family GRFA Medium Density Multiple Unlimited No No No Family GRFA High density multiple- Unlimited No No Yes family GRFA Housing Determined by Determined by Determined by PEC No PEC PEC Agriculture and open 550 sq ft extra No 300 sq ft garage credit No space GRFA for up to 1 space OR must have 75 sq ft storage (GRFA credit) Public accommodation Unlimited No No Yes GRFA Commercial core 1 Unlimited No No Yes GRFA Commercial core 2 Unlimited No No Yes GRFA Commercial core 3 Unlimited No No Yes GRFA Commercial service center Unlimited No No Yes GRFA Arterial business Unlimited No No Yes GRFA Lionshead mixed use 1 Unlimited No No Yes GRFA Zone District GRFA Site coverage/ Garage/ Storage EHU Landscaping Credits Mitigation Bonus? Required? Lionshead mixed use 2 Unlimited No No Yes GRFA Public accommodation 2 Unlimited No No Yes GRFA Ski base/ recreation Unlimited No No Yes GRFA Ski base/ recreation 2 Unlimited No No Yes GRFA Special development Unlimited No No Yes districts GRFA Parking district Unlimited No No Yes GRFA General use Unlimited No No Yes GRFA Policy Question for PEC: Should requlations be amended to standardize and thus, provide additional incentives for employee housinq units? The site coverage bonus and landscaping reduction are ways to help facilitate the construction of EHUs without penalizing the other units on site. In this case, the bonus and reduction are only provided to EHUs on lots less than 14,000 sq ft in the Two-Family Residential and Two-Family Primary/Secondary Districts. While a bonus would allow for additional site coverage, thus increasing the bulk and mass on site, this bonus would help facilitate additional EHUs to be provided on sites that would not be required to provide them otherwise. Staff recommends that all low-density residential districts be provided a site coverage bonus and a landscaping reduction for on site EHUs, including Single- Family, Two Family Residential, Two-Family Primary/Secondary, Residential Cluster, Hillside Residential, Low Density Multiple Family and Medium Density Multiple Family Districts. Garage credits are provided for up to two spaces on lots less than 14,000 sq ft in the Two- Family Residential and Two-Family Primary/Secondary Districts, and only one space is credited on lots larger than 14,000 sq ft in Two-Family Residential and Two-Family Primary/Secondary Districts, as well as the Agriculture and Open Space and Single- Family Residential Districts. In order to facilitate the construction of garages for EHUs, Staff recommends that EHUs be treated the same as dwelling units, and receive garage credit for up to two spaces (300 sq ft/ space) in all low-density residential districts, including Single-Family, Two Family Residential, Two-Family Primary/Secondary, Residential Cluster, Hillside Residential, Low Density Multiple Family and Medium Density Multiple Family Districts. Any proposal would be required to comply with all development parameters. In the commercial districts where EHU mitigation is required via inclusionary zoning and commercial linkage, EHUs do not count towards density or GRFA. This existing incentive helps to promote EHU construction, but other site constraints remain. It is implied that in these districts, garage space would be common element, thus not counting as GRFA. Recent regulations require that for new construction and redevelopment, half of the EHU mitigation requirements be built on site. However, there is no incentive for providing additional EHUs on site. Staff believes that incentives to build additional EHUs beyond the required on-site mitigation be implemented. An example of an incentive would be increased site coverage and reduced landscaping. 4. Should the ten types of employee housing units be eliminated? Upon review of the above questions, it is self-evident that there is major confusion with the ten types of employee housing units within the Town of Vail. The EHU types do not further the goal of housing employees within the Town of Vail, but instead provide a confusing barrier to achieving this goal. Having ten types of employee housing units has become confusing, particularly in light of the Town's goal of ensuring employees lie in the units. The various incentives and requirements for each type lack uniformity and clarity, as outlined in this memo. Policy Question for PEC: Should the ten types of employee housinq units be eliminated? Staff recommends that the types of employee housing units be dissolved, and that all regulations be reconfigured and inserted into each zone district section within Title 12, Zoning Regulations. This will provide a more customer friendly version of the regulations and will hopefully promote the creation of employee housing units. IV. APPLICABLE PLANNING DOCUMENTS VAIL 20/20 STRATEGIC PLAN HOUSING GOAL: "The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide enough deed-restricted housing for at /east 30 percent of the workforce through policies, regulations and publiclyinitiated deve/opment." EMPLOYEE HOUSING STRATEGIC PLAN (IN PART) OBJECTNES A. Provide housing to address needs generated by new deve/opment or redevelopment. It is documented and understood that new deve/opment will require additiona/ employees and a goa/ of the EHSP is to provide for that housing. This goal is a/so referred to as " Keep Up" in the EHSP,� going forward the Town will attempt to address the increase in demand from new employees by requiring deed-restricted housing as a condition of new deve/opment or redeve/opment. The Town will encourage deve/opers to provide a range of housing choices for the entire spectrum of jobs that are being created by the new deve/opment. B. Respond to the existing affordable housing shortfall by pursuing a number of identified programs and development opportunities. This goa/ is a/so referred to as "Catch Up" in the EHSP; it describes efforts to address deficiencies in the available housing inventory that have arisen over a period of years. F. Increase and maintain deed-restricted housing within the Town to encourage the efficient use of resources by placing emp/oyees closer to their place of work. It is understood there is a reduced need for persona/ automobiles and reduced transit costs when home and work are in close proximity to one another. A/so, there may be changes in workforce demographics that result in opportunities to reduce parking associated with affordable housing in se/ected /ocations. To the extent these opportunities can be realized, without negative impacts on the overall community, they will be explored. 6 Town Initiatives: Incentive Zoning and Density Bonuses The Town will consider workforce housing objectives in all review processes that permit discretion. This means that the Town will work actively with deve/opers as a part of the Housing District, Specia/ Deve/opment District review processes and requested changes in zoning to not only meet the requirements of existing code, but to /ook for opportunities to go beyond code requirements to encourage additional workforce housing to be created. As a part of these review processes the Town will work actively with deve/opers to create incentives to deve/op housing that exceeds the minimal requirements contained in the code. Additiona/ density may be granted in se/ected /ocations through the appropriate review processes, and fee waivers and subsidies may be considered. The Incentives Zoning and Density Bonuses help Vail to "catch up" with existing deficiencies and add to the overall percent of employees living within the Town of Vail. Achieves Objectives B, D, E, F, and G. V. STAFF RECOMMENDATION Staff requests that the Commissioners listen to the presentation, ask any pertinent questions, and provide feedback on the policy questions found in this memo. Because this is a work session, no formal action is required at this time except a tabling of this item to the September 28, 2009 PEC meeting. VI. ATTACHMENT A. 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Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Rollie Kjesbo Scott Lindall Sarah Paladino Bill Pierce Susie Tjossem Site Visits: No site visits MEMBERS ABSENT Michael Kurz David Viele A moment of silence was observed in remembrance of former Commissioner Jim Viele. 1 2. 5 minutes A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Tabled to August 24, 2009 MOTION: Lindall SECOND: Tjossem VOTE: 5-0-0 60 minutes A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to August 24, 2009 MOTION: Kjesbo SECOND: Paladino VOTE: 5-0-0 Rachel Friede presented an overview of the Staff inemorandum covering each topic one at a time. Regarding the topic of orientation of buildings for passive solar gain, Commissioners Tjossem and Pierce expressed concern with regard to regulating building orientation and the fact that much of a lot's value is derived from the views that can be obtained. Furthermore, the orientation of our valley, the steep slopes and natural features (rocks and trees) will provide barriers to compliance with building orientation requirements. The Commissioners generally agreed to recommend additional language to strengthen the guideline to utilize passive solar heating and cooling through design. Regarding the topic of regulating site disturbance on all low-density residential lots, the Commissioners expressed that regulating site disturbance held some positive benefits. Commissioner Kjsebo brought up the concern that utility connections sometimes require increased site disturbance than may be planned. Commissioner Pierce expressed concern over tying into grades of neighboring properties. He suggested a distance by which to tie in to catch Page 1 grade. Commissioner Lindall expressed concerns about limiting site disturbance as some lots need further disturbance, such as smaller lots and lots without natural topography due to previous development. Commissioner Tjossem suggested a sliding scale of ratios, with smaller lots allowed greater disturbance. Rachel Friede suggested an alternative to site disturbance as a percentage, citing the LEED program that limits site disturbance with certain prescribed distances from buildings, walkways, and other site improvements. Commissioners Tjossem and Lindall agreed with that concept. Commissioner Kjesbo suggested that a site disturbance bonus be provided for sites with EHUs that are allowed greater site coverage. Regarding the topic of water course setbacks, Rachel Friede elaborated on the lack of clarity of what is allowed in the water course (stream) setback. Commissioner Pierce believed that the current regulations were appropriate so long as it was on private property. He stated that an individual should be able to landscape within the setback to whatever degree they desired. The Commissioners generally agreed with keeping the existing regulations allowing for at grade patios and decks to encroach into the stream setbacks. It was agreed that areas within the floodplain remain natural. Regarding the topic of wetland regulations, Rachel Friede described the current regulations with regard to wetlands, which are limited in scope. Commissioner Kjesbo stated that a wetlands delineation of the entire Town needs to occur prior to any new regulations. He said this type of study would be helpful like the other hazard maps. The Commissioners generally agreed that prior to determining the appropriate setback from wetlands, a Town-wide study should be conducted to understand the extent of the wetlands in the Town. Regarding the topic of roof forms and heat tape, Rachel Friede described the impacts of heat tape and potential ways to reduce the impact through the design of a roof form. Commissioner Paladino felt that the exact regulations should be reviewed when discussing this topic as it deserved greater scrutiny. Commissioner Pierce stated that heat tape was an integral part of roof system design in Vail. He added concerns about safety in pedestrian ways. Warren Campbell reminded the commission that we were focusing on residential at this point and not the commercial/pedestrian villages. Several of the Commissioners agreed that heat tape in excess is not good for anyone. They agreed that individual circuits and sensors should be required. Furthermore as roof systems improve to R-60, less and less heat tape will be needed. It was mentioned that it takes a couple of seasons to determine were ice damning occurs. It was suggested that the way to regulate this topic was through technology. Regarding the topic of roofing materials, Rachel Friede reviewed the current regulations. She noted that the changes in roofing material technology has created a need to amend the regulations. The Commissioners expressed that it wasn't warranty or weight that was the concern but the relief of the shingle with regard to thickness and shadow lines created. It was suggested that bi- and tri-laminate should be explored. Regarding the topic of plant species selection, Rachel Friede went through the current regulations and the concerns of non-native/evasive species being introduced. Commissioner Pierce stated his concerned about limiting to only native species as there has been hybrid evolution of plants that may be appropriate for this area. Commissioner Tjossem inquired into the ease of listing prohibited species. Commissioner Pierce stated that there is a need for screening between neighboring properties. Furthermore, the trees may serve as a wind break or shade for cooling in the summer. Regarding the topic of landscaping irrigation, the Commissioners generally agreed that requiring review of irrigation would be cumbersome and costly. Commissioner Kjesbo noted that a limitation on turf grass areas would be preferable to limitation on permanent irrigation. Page 2 Commissioner Pierce noted that even native grasses need watering in order to stay healthy. Commissioner Paladino expressed concern that creating a maximum amount of turf grass could potentially encourage applicants to utilize turf grass when they wouldn't have without limitations. Commissioners Lindall and Kjesbo agreed that applicants typically know if they want turf or not, and would not be encouraged to add more with such regulations. The commissioners generally agreed for a need to require rain sensors. Regarding the topic of tree removal, Rachel Friede reviewed the guidelines and recommended that more concrete requirements for replacement be implemented. Commissioner Kjesbo suggested that the Town could be a repository for tree replacement that cannot be located on a subject property. The Commissioners agreed that tree replacement should be required, with off- site mitigation permitted, for removal of healthy trees. They also agreed that replacement of dead trees be recommended, but not required. Regarding the topic of limitation of driveway size and thus, limiting snow melt, Rachel Friede made a presentation on the impacts and growth of snow melt over the past seven to ten years. The Commissioners agreed that limitations on driveway size could affect design. Commissioner Lindall noted that he would rather see snowmelted driveways if other structure design issues could be better addressed. Commissioner Pierce noted that required parking spaces may have contributed to large driveways. Pierce further commented that smallest driveway may not be the best for design. Commissioner Lindall noted that snowmelted areas should have a specific purpose, such as a path to an outdoor hottub or a specific feature. 5 minutes 3. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to August 24, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 4. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to August 24, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 5. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to August 24, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 6. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Page 3 Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to October 26, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 7. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to, multiple-family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to October 26, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 8. 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 amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to October 26, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 5 minutes 9. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to October 26, 2009 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 10. Approval of July 27, 2009 minutes MOTION: Kjesbo SECOND: Lindall VOTE: 5-0-0 11. Information Update The PEC requested to have a copy of the memorandum to Council regarding PAYT to be provided to them. Page 4 The PEC requested to know the height of the poles the example light fixtures were attached to at Ford Park for the Lighting Master Plan. 12. Adjournment MOTION: Kjesbo SECOND: Lindall VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 7, 2009, in the Vail Daily. 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