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HomeMy WebLinkAbout2011-0822 PECPLANNING AND ENVIRONMENTAL COMMISSION August 22, 2011 �. 1:OOpm TOWN OF VAII, ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT 20 minutes 1. A request for the review of a conditional use permit, pursuant to Section 12 -7A -3, Conditional Uses, Vail Town Code, to allow for a real estate office, located at 100 East Meadow Drive Unit 34 (Vail Village Inn) /Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110049) Applicant: Town of Vail, represented by Joni Taylor Real Estate Company Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 30 minutes 2. A request for the review of a major exterior alteration, pursuant to Section 12 -71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place 1 /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC110047) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 20 minutes 3. A request for review of a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2 /1-ot D, Block 5, Vail Village Filing , and setting forth details in regard thereto. (PEC110045) Applicant: Margo Mullally, represented by Mark Donaldson Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 20 minutes 4. A request for the review of a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: William Gardiner, represented by Victor Mark Donaldson Architects Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: Page 1 5 minutes 5. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7- 15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: SECOND: VOTE: 5 minutes 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage in the Hillside Residential, Single - Family Residential, Two - Family Residential, and Two - Family Primary /Secondary Residential Districts, and setting forth details in regard thereto. (PEC110043) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: SECOND: VOTE: 5 minutes 7. A request for the review of a variance, pursuant to Section 14 -1 -5, Variances, Vail Town Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A /Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Warren Dean, represented by Capitol Solar Energy Planner: Rachel Dimond ACTION: Table to September 12, 2011 MOTION: SECOND: VOTE: 5 minutes 8. A request for a work session on a major exterior alteration, 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 rig ht -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 September 12, 2011 MOTION: SECOND: VOTE: 5 minutes 9. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Page 2 Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: SECOND: VOTE: 5 minutes 10. A request for the review of a major exterior alteration, pursuant to Section 12 -71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge South, located at 660 West Lionshead Place /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC110048) Applicant: Lion Square Lodge South, represented by Bill Anderson Planner: Bill Gibson ACTION: Withdrawn 11. Approval of July 25, 2011 minutes MOTION: SECOND: VOTE: 12. Information Update 13. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 19, 2011, in the Vail Daily. Page 3 0 rowN of vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: August 22, 2011 Subject: A request for the review of a conditional use permit, pursuant to Section 12 -7A -3, Conditional Uses, Vail Town Code, to allow for a business office (real estate office), located at 100 East Meadow Drive, Unit 34 (Vail Village Inn)/ Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110049) Applicant: Joni Taylor Real Estate Company Planner: Rachel Dimond I. SUMMARY The applicant, Joni Taylor Real Estate Company, is requesting a conditional use permit for a business office (real estate office) at 100 East Meadow Drive, Unit 34. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Joni Taylor Real Estate Company, is proposing to open a real estate office in a portion of the Plum TV space on the level below La Bottega in Village Inn Plaza, Unit 34. Real estate offices are categorized as business offices for zoning purposes, and are a conditional use in the Public Accommodations (PA) District. The commercial space is approximately 3,768 square feet in size and the proposed business office would utilize approximately 500 square feet of this space for office space for three employees. The applicant is proposing to lease two parking spaces in adjacent buildings in order to provide parking for employees. However, there is no additional parking requirement created by this change in use. The commercial space will continue to house Plum TV. The proposal does not include any changes to the exterior of the building, except a change of signage for the new business, which is part of a separate design review application. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for review. III. BACKGROUND The subject site was part of the original Town of Vail established in August of 1966. The subject site is within Phase V of the Vail Village Inn Special Development District (SDD) which was established by Ordinance No. 7, Series of 1976. The various phases of the district have been amended numerous times since their inception. These amendments affect projects ranging in scope from minor remodels to construction of the Vail Plaza Hotel, now called The Sebastian. On August 23, 2004, NICO Vail requested a conditional use permit for a business office, also a real estate office, on the first floor in Vail Village Inn. The PEC denied the request due to the location on the street level being in conflict with the Vail Village Master Plan. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -7A. PUBLIC ACCOMODATIONS (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 professional offices, medical facilities, private recreation, commercial /retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development 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. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Page 2 VAIL VILLAGE MASTER PLAN Goals. Obiectives. Policies. and Action Steos (in Bart Goal #2 To foster a strong tourist industry and promote year- around economic health and viability for the Village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for the development that is compatible with these established land use patterns. Objective 2.4 Encourage the development of a variety of new commercial activity where compatible with the existing land uses. V. SUBJECT PROPERTY Address: 100 East Meadow Drive, Unit 34 Legal Description: Lot M, Block 5D, Vail Village Filing Zoning: Public Accommodations (PA) District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Geologic Hazards: None VI. SURROUNDING LAND USES AND ZONING Land Use Zone District North 1 -70 ROW N/A South Mixed Use Public Accommodations East Mixed Use Commercial Service Center West Multi- Family Residential Public Accommodations VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Town has established development objectives including enhancing the livelihood of the commercial cores, as well as providing new retail experiences and options for guests. This is why horizontal zoning was established in the Commercial Core 1 District, with retail and restaurants permitted uses on the first level. However, there is no horizontal zoning in the Public Accommodations District, but uses that are typically not permitted on the first floor of the CC1 District are listed as conditional uses in the PA District. Town of Vail Page 3 Staff finds that this conditional use permit is in line with the development objectives to keep non retail and restaurant uses out of the first floor because the proposed conditional use is on the lower level and will not impact street level activity. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Because the proposal replaces office space with a different type of office use, Staff believes the proposed liquor store will not have any effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. As a business in the pedestrian oriented Vail Village, most patrons will be frequenting other businesses in the same trip and /or will be staying in close proximity to the business. There are no changes to the exterior of the building, except for a future sign permit application. For these reasons, Staff finds that the proposal will not have any effect on traffic, automotive and pedestrian safety, traffic flow and control, access, maneuverability and removal of snow. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff finds that the proposed application will not have any negative effect upon the character of the area. The application replaces some existing office with a different type of office on the lower level of the structure. There are no effects on scale and bulk because there are no exterior changes to the structure. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning an Environmental Commission approves this conditional use permit to allow for a business office (real estate office), located at 100 East Meadow Drive, Unit 34 (Vail Village Inn)/ Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: Town of Vail Page 4 "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -7A -3, Conditional Uses, Vail Town Code, to allow for a business office (real estate office), located at 100 East Meadow Drive, Unit 34 (Vail Village Inn)/ Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated August 22, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Public Accommodations District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's request Town of Vail Page 5 July 25, 2011 To: Planning and Environmental Commission From: Joni Taylor & Company Real Estate LLC (JTRE) RE: Project Narrative — Conditional Use Permit for sublet of approximately 500 SgFt of lower level Plum TV Office Space by Joni Taylor 7 Company Real estate LLC Overview: Joni Taylor & Company Real Estate LLC (www.J oniTaylo rRea I Estate. co m), a residential real estate firm has a pending lease agreement with PlumTV, lease holder of 100 Meadow Drive, Suite 34, Vail, CO 81657, to sublet a small portion (approx 500 Sq Ft) of their lower level office space. JTRE consists of three people: two principals, Joni Taylor - Partner /Broker and Barney Dill — Partner /Broker as well as an assistant, Marry Suarez. Pending approval of this CUP, the lease agreement will be for a term of one year with a right of first refusal by JTRE at lease end and a 60 day notice of intent to renew or terminate clause at lease end. Barring unforeseen circumstances, JTRE intends to enter into a longer term lease at lease end in 2012. JTRE plans to use this space, currently configured as office space by PLumTV, as its office and place of work for substantially all of the company's non - client centric work related activities. This office will not be used as a residential real estate 'retail' location, i.e. JTRE does not intend this office to be a significant factor in its ongoing attempt to increase its customer volume rather it is intended to be used as a place of work to service our buyers and sellers as well as manage our marketing, financial and operational activities. With no current office of any type, and over $100,000,000 in listings, JTRE has reached a point where it is no longer feasible to run the business out of the Principals' homes. Compatibility: As noted above and as identified in the attached architectural drawings, JTRE intends to occupy lower level office space within the offices of PlumTV. Further, the entirety of the company is 3 people. JTRE can foresee no negative impact on any other properties within the community. TOV Development Obiectives: Without knowing the future development plans for this specific area by the TOV, we cannot comment on how we would impact these objectives. However, JTRE reaffirms the fact that we will in no way be detracting from the future use of the property by others, nor will JTRE have any material impact on the retail or residential owners in the area. Effect on Light, Air, Schools, Population distr. Etc. None Effect on Traffic Congestion, Pedestrian Flow etc. JTRE, with 3 total employees, will have no effect on any of the above mentioned or tangentially related services or activities. Effect on Character of the Area JTRE is planning on using PlumTV's excess space sublet for the same purpose as the master tenant, PLumTV initially planned for the same space. Therefore, JTRE sees no impact on the character of the area. Parking Consideration JTRE is well aware of the limitations on parking in Vail throughout thw ski season as well as during select summer weeks. As noted above, JTRE consists of 3 people, one of which owns and lives in the Vail Village and has deeded parking within walking distance of this office space. The remaining two, namely the Principals, have researched the parking options and upon approval of this CLIP and lease lease by the TOV will contract for two parking spaces in one of three locations: Solaris —Two Annual Parking Club memberships The Gateway Building— JTRE has identified and spoken to 2 separate commercial property owners within the Gateway Building, both of whom have excess parking spaces available for annual lease. TOV Garage — Purchase two Gold parking passes Summary JTRE has outgrown its current 'home office' set up and is in need of a devoted office space to act as our base of business. The vast majority of activity in the proposed space will be in the administration and management of the day to day activity of JTRE. JTRE understands the TOV's intent to preserve as much of the street level space for retail and restaurant tenants, which is why we have identified below grade space for our proposed sublet from PlumTV. We have had numerous discussions with the PlumTV management and both JTRE and PlumTV agree this would be an ideal relationship for both parties. JTRE in its short history has established itself as a viable and significant real estate company working for buyers and sellers in the Vail Valley and primarily in the TOV. Currently we have over $50,000,000 in listings in the TOV including one for $19.5m and two more at $12.9M and $9.4M respectively. We have numerous additional listings over $2.OM with a number of others in process. Because of the current high profile and volume of Vail listings of JTRE, it is in both JTRE's and TOV's best interests to establish JTRE as a respected and valued member of the Vail commercial community now and for years to come. Thank you for your consideration of this Conditional Use Permit on behalf of Joni Taylor & Company Real Estate LLC Barney Dill Principal / Broker Joni Taylor & Company Real Estate barnev@JoniTaylorRealEstate.com 970 - 390 -7018 www.JoniTaylorRealEstate.com '. �; �i J' , TOWN OF 0 VAIL 't Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2011 SUBJECT: A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place 1 /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC110047) Appellant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson I. SUMMARY The applicant, Lion Square Lodge East Condominium Association, represented by Bill Anderson and Chip Melick, is requesting a final review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request for a final review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/ Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto, subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge East is the Phase I Building of the Lion Square Lodge complex located at 660 West Lionshead Place, which is zoned Lionshead Mixed Use 1 District (LMU -1), and located within the Lionshead Redevelopment Master Plan area. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). The applicant is requesting approval of a Major Exterior Alteration to allow for the renovation of the Lion Square Lodge East. This renovation will include the construction of four new entry additions (including elevators for accessibility and exit stairs for emergency egress), the addition of 13,649 total sq. ft. of GRFA to the existing dwelling units (including the enclosure of 7 existing decks), the construction of new decks, the construction of new roof elements, and an upgrade to the building's fagade to appear similar to the recently redeveloped Lion Square Lodge North. In addition to aesthetic improvements, this proposal will also address the building's noncompliance with the American's with Disabilities Act's (ADA) accessibility requirements and the adopted building and fire code's egress requirements. The applicant's request (Attachment B), proposed architectural plans (Attachment C), and excerpts from the similar 2006 approved major exterior alteration (Attachment D) have been attached for review. The Lionshead Mixed Use 1 Zone Districts requires a minimum setback of 10 feet from a development site boundary, unless otherwise specified by the Lionshead Redevelopment Master Plan. As part of this major exterior alteration request, the applicant is proposing to construct encroachments into the 10 foot setback adjacent to the Ski Yard (currently owned by Vail Resorts). These proposed encroachments are consistent with the recommendations of the Lionshead Redevelopment Master Plan. The Lion Square Lodge East and Vail Resorts have mutually agreed to the proposed encroachments. The Lion Square Lodge East and Vail Resorts have established a "restricted area" between their properties to function as a setback and a "perceived property line" to address building and fire code separation requirements. Vail Resorts has utilized this methodology to address setback and building separation requirements for several properties located at the Beaver Creek Ski Resort. III. BACKGROUND The Lion Square Lodge East site was annexed into the Town of Vail in August of 1969 and originally constructed in 1971 as Phase I of the Lion Square Lodge Phases I, 11, and III project. While minor renovations to the complex have occurred over the years (main entry, pool, parking area, exterior building materials, etc.); no significant redevelopment of the East building has occurred since its original construction. The Lion Square Lodge East is legally non - conforming in regard to numerous building and fire code regulations. On August 14, 2006 the Planning and Environmental Commission approved a similar major exterior alteration application for the redevelopment of the Lion Square Lodge East building. The Lion Square Lodge East did not construct those approved alterations and that major exterior alteration application approval has expired. Excerpts from the 2006 approved plans have been attached for reference (Attachment D). Town of Vail Page 2 On August 15, 2006 the Vail Town Council adopted Resolution No. 17, Series of 2006, to amend the Lionshead Redevelopment Master Plan. Resolution No. 17, Series of 2006, recommends allowing the Lion Square Lodge East to construct additions to the existing building within the 10 foot east side setback area adjacent to the Lionshead ski yard. The Lion Square Lodge South has recently submitted an application to redevelop the exterior fagade of the Lion Square Lodge South building. This proposal is consistent with the architectural character of the redeveloped Lion Square Lodge North building and this proposed renovation of the Lion Square Lodge East building. Due to the scope of the Lion Square Lodge South proposal, that project will only require design review approval and does not require the Planning and Environmental Commission's review of a major exterior alteration. IV. APPLICABLE PLANNING DOCUMENTS Staff believes the following elements of the Lionshead Redevelopment Master Plan and the Zoning Regulations are applicable to this proposal: Lionshead Redevelopment Master Plan Chapter 2: Introduction Chapter 4: Master Plan Recommendations — Overall study Area Chapter 5, Detailed Plan Recommendations Chapter 6, Site Design Guidelines Chapter 7, Design Standards Chapter 8, Architectural Design Guidelines 5.11 Ski Yard Improvements recommended for the Lionshead ski yard are as follows. (in part) 5.11.4 Screening and Landscaping Lion Square Lodge should be involved in planning enhancements in the ski yard. Landscaping is desirable to screen the building at the west edge of the yard, but in the central area would conflict with skier operations and the yard's potential to function as a village green for community gathering and summer recreation. 5.11.5 Potential Setback Encroachments by Adjacent Property Owners Since the Ski Yard functions as an outdoor recreation and special events area, rather than a traditional development site, encroachments within adjacent property owners' prescribed setback areas adjacent to the Ski Yard may be considered. 5.12 Lion Square Lodge Town of Vail Page 3 The Lion Square Lodge, located at the end of Lionshead Place, occupies two parcels. The main parcel (phases 1, 2, and 3) borders the ski yard and the Gore Creek recreation path. The north parcel (phase 4) is located north of the Lionshead Place cul -de -sac. Several issues arise because of this split configuration. 5.12.1 Traffic Concerns The primary concern of the Lion Square Lodge property owners is the existing and potential volume of traffic (both lodging vehicles and delivery vehicles) that accesses the Vail Associates core site. The current access into the core site passes between Lion Square's main and north properties, resulting in an unsafe and poorly defined connection between the buildings. When the Vail Associates core site is redeveloped, the mitigation of lodging and service vehicle impacts on the Lion Square Lodge will be essential. Service vehicles should not be allowed to stage outside of the core site or to cause visual, audible, or air pollution impacts. 5.12.2 Pedestrian Connection between the Main Building and the North Building Potential redevelopment must address the need for a clear pedestrian connection and defined vehicular corridor between the main Lion Square Lodge property and the north building on the other side of Lionshead Place (see figure 5 -16). 5.12.3 Ski Yard Pedestrian Access The pedestrian path around the north end of the Lion Square Lodge should be upgraded to provide an attractive and safe pedestrian connection from Lionshead Place into the ski yard. Because the path is close to the residential units in the northern end of the Lion Square building, landscaping and other screening methods will be needed. It is not recommended that this pedestrian access be emphasized, but only that it be of better quality. The west Lionshead pedestrian portal is more important as the western point of entry into the core area. 5.12.4 Potential Development and Redevelopment Scenarios Lion Square Lodge is in need of major exterior renovations or redevelopment. Figure 5 -16 presents a scenario by which the Lodge could add significant density, enabling the creation of a strong architectural edge to Lionshead Place, a direct connection between the main and north Lodge properties, and a screened parking and arrival area. Another redevelopment scenario (not illustrated) entails relocation of the existing core site access road to a new dedicated access on the north side of Lion Square's north building. This would enable redevelopment to connect the primary Lion Square Lodge building with its north property. Issues associated with this scenario include the proximity of this new intersection to the adjacent West Lionshead Circle intersection and the potential for noise and visual impacts on the south side of the Montaneros property. 5.12.5 Potential Setback Encroachments Adjacent to the Ski Yard Town of Vail Page 4 The east property boundary at the Lion Square Lodge is uniquely situated adjacent to the Ski Yard, rather than another traditional development site. Since the Ski Yard functions as an outdoor recreation and special events area, rather than a development site for permanent buildings, these two properties relate differently than other properties in Lionshead. The existing Lion Square Lodge is deficient in regard to numerous building and fire code issues such as accessibility and egress, and any redevelopment of these buildings should remedy these deficiencies. Since the Lion Square Lodge abuts the Ski Yard, rather than another traditional development site, an opportunity exists for redevelopment of the Lion Square Lodge to occur in response to the existing site conditions rather than in response to the prescribed setback areas. Encroachments into the setback areas adjacent to the Ski Yard should be considered when associated with a comprehensive redevelopment plan to improve the accessibility, egress, life safety, or other building and fire code compliance upgrades for the existing Lion Square Lodge. However, new structures associated with a demo /rebuild of the Lion Square Lodge should not be constructed in a setback area. The Lion Square Lodge owner(s) should acknowledge that any encroachment into the setback area adjacent to the Ski Yard could have negative impacts to their residents and guests (noise, reduced privacy, obstruction of views, etc.) due to the close proximity of activities customary to the use and operation of the Ski Yard (recreational activities, special events, snow making, maintenance, etc.) Additionally, the Ski Yard owner(s) should acknowledge that any encroachment into the setback area adjacent to the Ski Yard may adversely affect existing below grade improvements and may reduce the potential future development of the Ski Yard. Should encroachments into the setback areas adjacent to the Ski Yard be considered, an alternative means of meeting the purpose and intent of the setback requirements should be provided. Any alternative to the prescribed setback requirement should ensure adequate light, air, and open space, adequate areas for drainage and utilities, adequate separation of buildings and uses, etc. Special consideration should be made to ensure that adequate landscaping and buffering is provided. Since encroachments into the setback areas adjacent to the Ski Yard may have negative impacts, any alternative to the prescribed setback requirement should be mutually agreeable to the Lion Square Lodge owner(s), the Ski Yard owner(s), and the Town of Vail. Any adopted alternative to the prescribed setback requirement should be memorialized in a legally binding agreement between all three parties. 8.3.1 Special Provisions Town of Vail Page 5 While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and /or designers involved with new and existing structures. It is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the community may not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on a case -by -case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described herein. Similar to existing structures, it is also understood that from time to time the Town may determine that it is desirable to afford flexibility in strict application of the Guidelines to new development projects. In these instances, the reviewing body shall rely upon the stated review criteria for deviations to the Architectural Design Guidelines outlined in sub - section 8.3.3.A contained herein. Proposed renovations or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non - compliant items than those which stray from the overall vision of Lionshead as described within — variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the `letter" of these Guidelines is not meant to discourage potential improvements. Zoning Regulations Lionshead Mixed Use – 1 District 12 -7H -1: PURPOSE: The Lionshead Mixed Use -1 zone district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, Town of Vail Page 6 and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off -site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated. streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -7H -7. EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required. The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required. The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12 -11 -4 of this title. B. Major Exterior Alteration. The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12 -3 -6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. D. Hearing. The public hearing before the planning and environmental commission shall be held in accordance with section 12 -3 -6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12 -3 -3 of this title. E. Lapse of Approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) 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. Town of Vail Page 7 Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12 -7H -8: COMPLIANCE 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 alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12- 7H -10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build -to line. 12- 7H -11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12- 7H -13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33 %) over the existing GRFA found on the property, whichever is greater. Multiple- family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12 -15 -5 of this title. 12- 7H -14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12- 7H -15: LANDSCAPING AND SITE DEVELOPMENT. At least twenty percent (20 %) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12- 7H -18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be Town of Vail Page 8 determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following. roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. V. ZONING AND DESIGN GUIDELINE ANALYSIS Address: 660 West Lionshead Place Legal Description: Lot 1, Vail Lionshead Filing 1, Addition 1 Lot Area: 0.92 acres (40,003 sq. ft.) Zoning: Lionshead Mixed Use 1 District (LMU -1) Land Use Designation: Lionshead Redevelopment Master Plan Area Zoning Standards Allowed /Required Proposed Setbacks All Sides Building Height: Density (dwelling units) GRFA: Site Coverage: Landscape Area: Parking: 10 ft. or Lionshead Redevelopment Master Plan* 82.5 ft. max 71 ft. average 36 dwelling units 100,008 sq.ft. max 28,002 sq.ft. (70 %) max 8,000 sq.ft. (20 %) min none 10 ft. north 0 ft. south (existing) 63 ft. west 1 ft. east* 52 ft. max. 37 ft. average no change (27 existing) 47,153 sq.ft. ( +13,649 sq.ft.) 17,663 sq.ft. (44 %) 8,530 sq.ft. (21 %) no change to existing *5.12.5 Potential Setback Encroachments Adjacent to the Ski Yard: "Encroachments into the setback areas adjacent to the Ski Yard should be considered when associated with a comprehensive redevelopment plan to improve the accessibility, egress, life safety, or other building and fire code compliance upgrades for the existing Lion Square Lodge." Town of Vail Page 9 Architectural Design Guideline Criteria ** Proposed ** Ped Street Width -to- Height 1:'/2 to 1:1'/2 Bldg Eave Retail /Pedestrian 16 ft. then 12 ft. step back 36 ft. then 12 ft. step back Bldg Eave Ski Yard 48 ft. then 12ft. step back Bldg Eave Remaining Areas 60 ft. then 12 ft. step back Wall Surface Area Ridge Height Horizontal Wall Spa 35 ft. then 12 ft. step back 82.5 ft. max 71 ft. average max 30 ft. new & existing exempt n/a n/a n/a 41 ft. max 52 ft. east basement patio 42 ft. existing north 53.5 ft. max 43 ft. average 34 ft. existing west 52 ft. existing north Primary/Secondary Materials Base Material stone Middle Wall Material stucco Top Wall Material wood siding Primary/Secondary Roof gable,hip primary gable and hip gable,hip,shed,flat secondary gable and hip Roof Eave /Overhangs Primary 30" & scale of bldg 24 in. Secondary 18" & scale of bldg 24 in. Roof Pitch 6:12 to 12:12 Primary 2:12 to 12:12 4:12 to 12:12(flat) Secondary 12:12 * *8.3.1, Special Provisions, Lionshead Redevelopment Master Plan: "While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and /or designers involved with new and existing structures. It is understood that many of the buildings within the community may be unable to comply with some of the criteria described in the ADG (Architectural Design Guidelines) ... Proposed renovations or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non - compliant items than those which stray from the overall vision of Lionshead as described within - variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the letter' of these Guidelines is not meant to discourage potential improvements. " Town of Vail Page 10 VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 District. According to Section 12 -7H -8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial /retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing to construct additions to the existing Lion Square Lodge East dwelling units, to construct new entries with elevators and egress staircases, and an upgrade of the existing Lion Square Lodge East building exterior. The existing residential use of the Lion Square Lodge East (these units are often short -term rentals that function as "warm beds ") comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Town of Vail Page 11 Land Use Zoning North: Mixed Use Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Ski Yard Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District VII. REVIEW CRITERIA Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 District. According to Section 12 -7H -8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial /retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing to construct additions to the existing Lion Square Lodge East dwelling units, to construct new entries with elevators and egress staircases, and an upgrade of the existing Lion Square Lodge East building exterior. The existing residential use of the Lion Square Lodge East (these units are often short -term rentals that function as "warm beds ") comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Town of Vail Page 11 Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policy objectives of the plan: 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2) Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new lodging products. 4) Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 6) Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Staff believes this proposed major exterior alteration conforms to these policy objectives. The proposal will significantly upgrade the architectural and aesthetic quality of the Lion Square Lodge East property in keeping with the identity and character of the adjacent redeveloped properties such as Arrabelle, Marriott, Antlers, Montaneros, Landmark, and Lion Square Lodge North. Staff also believes the new entries with elevators and egress stair cases will greatly improve the building's compliance with building and fire codes, and vastly improve the safety of the residents and guests occupying the building. The existing Lion Square Lodge East building is only comprised of dwelling units with no existing accommodation units, fractional fee units, or retail uses. However, many of these existing dwelling units are rented to guests and function as "warm beds" (not "hot Town of Vail Page 12 beds "). It is anticipated that the existing dwelling units will continue to function as "warm beds" after the proposed renovations have been constructed. Chapter 4: Master Plan Recommendations Section 4.3 of the Lionshead Redevelopment Master Plan addresses the physical connection of Lionshead to the natural environment. Sub - Section 4.3.1.2 recommends a north -south axis orientation for buildings to lessen negative impacts to sun access and mountain views for streets and existing buildings. The applicant intends to maintain the existing north -south building orientation. Section 4.6 of the Lionshead Redevelopment Master Plan addresses vehicular and pedestrian circulation. The applicant is not proposing any changes to the existing parking lot that was modified as part of the Arrabelle project. The applicant will be improving the sidewalks on the west side of the building, and bringing them into compliance with building code and ADA standards. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. This proposal does not effect the Lion Square Lodge East's parking requirement. The applicant is not proposing to change the existing parking lot. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the 1,365 sq. ft. of Inclusionary Zoning employee housing mitigation requirement by deed restricting an existing off -site dwelling unit as an employee housing unit. Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art. The applicant is proposing no public art at this time. Chapter 5: Detailed Plan Recommendations Section 5.12 of the Lionshead Redevelopment Master Plan addresses the entirety of the Lion Square Lodge (North, East, and South buildings). Much of this detailed plan recommendation was drafted prior to the review and approval of the Arrabelle development project. In Section 5.12, concerns were noted about the no longer existing vehicular traffic through the Lion Square Lodge site and recommendations were made for an improved pedestrian connection between all the Lion Square Lodge buildings. With the Arrabelle project, a significant portion of the vehicular circulation through the Lion Square Lodge was located below grade. The pedestrian connection between all three buildings and the pedestrian connection to the Lionshead ski yard and mall have also been enhanced. Section 5.12 also discusses the screening of parking at the Lion Square Lodge (primarily the East and South building's surface lot). The Lion Square Lodge parking lot was also reconstructed as part of the Arrabelle project. Chapter 6: Site Design Guidelines Town of Vail Page 13 The entirety of Lion Square Lodge was coordinated with the Arrabelle project to improve the circulation and access for both vehicles and pedestrian adjacent to this site. Chapter 7: Development Standards This proposed major exterior alteration request conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also review this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of the Lionshead Redevelopment Master Plan. As this proposal involves the renovation of an existing building, rather than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case -by -case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein" rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently developed /re- developed adjacent Antlers, Marriott, Montaneros, Arrabelle, Landmark, and Lion Square Lodge North. There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to the architectural design of the building. This major exterior alteration generally conforms to these guidelines with some minor deviations resulting from the existing building design (refer to Section V of this memorandum). Staff believes the applicant's request meets the intent of these guidelines, and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan Town of Vail Page 14 and the general character of the recently redeveloped adjacent properties including Antlers, Marriottt, Arrabelle, Montaneros, Landmark, and Lion Square Lodge North. This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. Staff does believes this proposal is in keeping with the character with the scale of the neighborhood. By adding pitched roofs to this existing flat roofed building, as encouraged by the master plan, there will be only a slight change in the sun shade affect (refer to the attached sun shade analysis). Staff does not believe this will have a significant effect on the adjacent properties in comparison to existing conditions. Since no new or additional uses are being proposed, this proposal does not change the parking requirements for the Lion Square Lodge East. Staff does not believe there will be a significant increase in vehicle trips or other negative traffic effects in comparison to existing conditions. In summary, Staff does not believe this proposal will have a significant negative effect upon the character of the neighborhood; instead this proposed major exterior alteration will redevelop the Lion Square Lodge East to be more in keeping with the intent of the Lionshead Redevelopment Master Plan. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the Lionshead Redevelopment Master Plan element of the Plan applies. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criterion #2 above). In summary, Staff believes the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. VIII. MITIGATION OF DEVELOPMENT IMPACTS Town of Vail Page 15 Section 12- 7H -18, Mitigation of Development Impacts, states in part: "The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts." The applicant is proposing to address the impacts of the proposed encroachments into the east setbacks by establishing a restricted area, in cooperation with Vail Resorts, to function as a setback and to address building and fire code separation requirements. While this approved restricted area does not follow the property lines, it is intended to better relate to the built conditions of Lion Square Lodge East and the ski yard. This restricted area is 20 feet in width, consistent with back -to -back setbacks in the Lionshead Mixed Use 1 District. The applicant is proposing to mitigate the 1,365 sq. ft. of employee housing floor area required by Chapter 12 -24, Inclusionary Zoning, Vail Town Code, by deed restricting an existing off -site dwelling unit as an employee housing unit. The applicant is not proposing any other mitigation of development impacts at this time. IX. RECOMMENDATION The Community Development Department recommends approval, with conditions, of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place 1 /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this major exterior alteration request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place 1 /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this major exterior alteration request, the Community Development Department recommends the Commission applies the following conditions: "I. This approval of a major exterior alteration is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to requesting a temporary or final certificate of occupancy for this proposal, the applicant must obtain Town of Vail approval of an amendment final plat to Town of Vail Page 16 update the Condominium Map to show the improvements associated with this proposal. 3. Prior to requesting a temporary or final certificate of occupancy for this proposal, the applicant shall mitigate 1,365 sq. ft. of employee housing floor area in accordance with the requirements of the Chapter 12 -24, Inclusionary Zoning, Vail Town Code." Should the Planning and Environmental Commission choose to approve this major exterior alteration request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vll and Vlll of the Staff memorandum to the Planning and Environmental Commission dated August 22, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds. Pursuant to Section 12 -7H -8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. 2006 Approved Plan Excerpts Town of Vail Page 17 Attachment A LL Cu tC (D CL 0 LI 24 "I" � Town of Vail Page 18 T ME L I C K A S S O C I A T E S I N C �l LION SQUARE LODGE — EAST PROJECT COMPLIANCE — Lionshead Redevelopment Master Plan_ 7/22/11 Submittal to Community Development for the PEC and DRB approval process Lionshead Mixed Use 1 (LMU -1) District INTRODUCTION The Lion Square Lodge East Project is proposing to remodel the exterior of the existing building and add square footage to the existing units. This scope of work includes: Adding 6' -0' to the east elevation at the basement and floors 1 -3 at the south pod, and adding up to 12' -4" to the east elevation at floors 1 -3 at the middle and north pod. Adding 5' -101" to the west elevation at floors 1-3 at the north and middle pod, and 7'- 0" to the west elevation at floors 1 -3 at the south pod. Enclosing 7 out of 9 fourth level west decks (see plan). Adding four new entry pods to the west elevation at floors 1 -3 to accommodate a new entry, ADA elevator and exit stair at each existing entry. The elevator and egress for the southern most entry is proposed to be through Phase II /III (see plans). Adding four new open egress stairs to the east elevation of floors 1 -3. Remodeling the building's exterior fagade and roof line to be compatible with the Lion Square Lodge North and South projects. CHAPTER 5 — LION SQUARE LODGE Pedestrian and Vehicular Traffic — With the exception of a minor shift in the existing parking alignment to accommodate the new entry pods, there is no change to the existing pedestrian and vehicular circulation. Ski Yard Pedestrian Access — Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Access to the ski yard is obtained from north and south of the East Building. Potential Development and Redevelopment Scenarios — The East project is undertaking major exterior renovations with the additions to the east and west for the existing units in the existing building. This project is not adding any density. Primary Pedestrian Mall — not applicable Secondary Pedestrian Mall — not applicable Primary Pedestrian Walk — not applicable ARCHITECTURE 756 FILLMORE STREET I N T E R I O R S DENVER, COLORADO 50206 P L A N N I N G 303.534.1930 WW W.MELICK,COM Secondary Pedestrian Walk — not applicable Page Two — Lion Square Lodge East Vehicular Pedestrian Retail Street — not applicable Pedestrian Path — The pedestrian walk along the west side of the existing building is being shifted slightly to the west to accommodate the new entry pods. The East project will be providing a landscape buffer between the sidewalk and the units to the east. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not interfere with the pedestrian walk or snow storage requirements at mature growth. Fences and Enclosures — Existing service functions for the East project are being achieved within the building footprint and therefore will not require supplemental fencing. Compliance with Town of Vail Streetscope Master Plan — not applicable CHAPTER 7 — DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site Coverage — A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Sp#hnrkc A minimum of a ten foot setback will be provided as required. The required setback is being achieved through an agreement with Vail Resorts to have them provide a no build zone on their property to allow the required setback for the expansion of the existing units to the east (see plan). The no build zone with recorded with either a variance or an amendment to the master plan. Gross Residential Floor Area (GRFA) - The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Densi — Density is not being added to this project. New Unit Definition - not applicable Building Heiaht - also see Chapter 8 The height of the existing building is not being increased. The building height will not exceed 71 feet (average) and 82.5 feet (maximum). Employee Housing - An EHU will be purchased off site to meet the EHU requirements for the project based on 10% of the new GRFA. Page Three - Lion Square Lodge East CHAPTER 8 — ARCHITECTURAL GUIDELINES Architecture — The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height — The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for remaining building frontage. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls — The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, 8 rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. Materials and Colors - The base is defined either with a green stucco color or stone, as well as a break in plane. The middle is defined by a buff color of stucco. The top is defined by a change in material and texture with vertical siding the buff siding color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are dark brown. The truss elements are a natural wood stain. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and Types — AII windows have a consistency of size and proportion throughout the elevations. Operable windows will be casements and awnings. The windows will be aluminum clad, bronze. All windows will be trimmed, the color tan. Balconies. Guardrails and Handrails — The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a 'romeo and juliet' balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal, bronze color. The design of the railing system is patterned after the order of the building exterior elevations. Roofs — The roof forms being used include hipped and gable roofs over existing balconies and new structures. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 except as noted otherwise on the Page Four - Lion Square Lodge East drawings. The existing roof pitch is 6:12. To offset the necessary 2:12 roof pitches and to break -up the continuous ridge line of the existing building, the center pod has been over - framed with a hipped roof at 12:12 and 12:12 roof forms were added to the north and south pods. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters will be heat traced with downspouts. Fireplaces and Chimneys -- Stucco chimneys with are being provided for fireplace chimneys. Parking - The existing parking layout is being maintained in terms of layout, circulation and number of spaces provided. There is no increase in density being proposed. Grading - 1. Maximum Finished Grade - The maximum finished grade does not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence - The construction site will be properly surrounded by a non - removable construction fence during the construction process. I Erosion Control - Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer, Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P. E. Terrace landscape walls will be within the 4' - 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30 %_ These walls will be veneered with stone. Geologic /Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. LION SQUARE LODGE - EAST Zoning Calculations 7 -25 -11 Landscape Required Proposed Comments Site Area over 10,000 sf 40,003 conforms Proposed 8,530 sf Setbacks 10 feet 10 feet min see setback a reement plan conforms Maximum Roof Heights 71' avg, 82.5 max 37' -0" av , 52' -0" max conforms Density Allowable Units Existing Units Proposed Units "total Units 133°x6 of exist. 133% of exist. 36 27 0 27 conforms GRFA Allowable Existing Proposed 250 sf1100 sf build. site area 118 sf1100 sf build. site area 100,008 sf 33,504.4 s.f. 47,153 s.f. conforms Site Coverage Allowable Proposed South Building 70% max 46% 28,002 sf 17,663 sf 543 sf conforms Landscape 20% minimum 21% conforms Minimum Required 1.4 per new dwelling unit existing parking to remain 0 existing parking to remain 8,000 sf conforms Proposed 8,530 sf Required Parking Existing New Required Proposed 1.4 per new dwelling unit existing parking to remain 0 existing parking to remain 1.4 per new dwelling unit existing parking to remain 0 existing parking to remain conforms Employee Housing Unit 10% new GRFA of 13,649 sf purchase 1,355 sf EHU conforms Snow Storage existing to remain conforms Building Eave Height at Remaining Areas 50' max. eave height 12' mh ste back conforms conforms Wall Surface Criteria 35' maximum vertical face horizontal step required conforms conforms Exterior Wall Spans 30' maximum span at street level conforms Primary Secondary Building Material Def. Primary: exceed 500 sf area Secondary: 500 sf area or less conforms conforms Primary Secondary Building Colors Primary: exceed 500 sf area Secondary: 500 sf area or less conforms conforms Primary Secondary Roof Definitions Primary: exceed 500 sf roof area Secondary: 500 sf roof area or less conforms conforms Roof Dimensional Guidelines 30" min. eave and rake overhangs 18" overhangs at secondary roofs conforms conforms Roof Pitch Primary: 6:12 to 12:12 Secondary: 4:12 to 12:12 (or flat) added at north & south pod 12:12 roof projection at chimneys added center god two hipped roofs 12:12 conforms therefore 2:12 conforms conforms LIONS SQUARE LODGE EAST PROPOSED LANDSCAPING 25- Jut-11 Submitted By: Megan Teshn, Neils Luneelord, Inc. BOTANICAL NAME COMMON NAME QUANTITY SIZE Proposed Trees Type Square Footage Ground Cover ' Sae list below 1265 st Picea Pungens Colorado Blue Spruce 5 20' WA Picea Pungens Colorado Blue Spruce 2 16' Erosion Control Picea Pungens Colorado Blue Spruce 1 15' 1 gal Picea Pungens Colorado Blue Spruce 4 14' Lupine, Mixed Plcea Pungens Colorado Blue Spruce 2 12' Peony, var. Pinus Anstala Brisllecone Pine 1 18' 1 gal Pinus Aristata Brisllecone Plne 3 15' Boulder Blue Fescue Pinus Arislata Bristlecone Pine 3 12' Populus angustifolia Aspen 17 4' Populus angustitolia Aspen 31 3" Prunus vlrginiana 'Schubert' Schubert's Chokecherry 5 2" Cal. Malus'Spring Snove Spring Snow Crapapple 4 2" Cal. Acer Ginnala'Flame' Ginnala Maple 4 2" Cal. Total Trees 82 Proposed Shrubs Potentilla fruticosa'Kathryn Dykes' Kathryn Dyke's Potentilla 10 5 Gal. Picea pungens'Globosa' Blue Globe Spruce 4 5 Gal. Potentilla fruircosa'Colorado Red' Colorado Red Potentilla 3 5 Gal. Sambucus nigra 'Black Lace' Black Lace Eller 6 5 Gal. Caryopleds x clandonensis'Blue Mist, Dark Knight Blue Mist Spirea 10 5 Gal. Spirea x'Limemourd' Limemound Spirea 5 5 Gal. Cotoneasler lucidus Peking Colo neaster 7 5 Gal. Syringe x presiodae'James McFarlane' Pink Canadian Lilac 3 5 Gal. Sambucus pubens Red Berried Elder 3 5 Gal. Comus stoloralera caloradense Redhmg Dogwood 7 5 Gal, Total Shrubs 58 Existing Trees to be Removed Picea Pungens Colorado Blue Spruce 21 (7) 6 ", (10) 9 ", (3) 10 -5 ". (1) 14- Sub Alpine Fir 2 (1) 7 -5'. (1) 9.5' Populus angustifolia Aspen 33 (2) 2% (6) 3% (10) 4 -, (3) 4.5', (5) 6',(4)7',(1)10' 'Size measuered in Trunk diameter ,714.5" above grade by Cert111ad *bonsf, from PDU6 Other Features Low accent boulder wall and landscape boulders BOTANICAL NAME COMMON NAME SIZE Ground Cover (1,265 sq. iL total) Oenothera macrocarpa Incana'&v Blade' Type Square Footage Ground Cover ' Sae list below 1265 st Sod Ecolo Turt 2800 sf Seed WA F16 (4" pots) Irrigation Drip for Trees and shrubs, spray for sod WA Erosion Control WA 1 gal Other Features Low accent boulder wall and landscape boulders BOTANICAL NAME COMMON NAME SIZE Ground Cover (1,265 sq. iL total) Oenothera macrocarpa Incana'&v Blade' Silver Blade Evening Primrose F15 (4" pots) Edogonum umbellatum Sulphur Flower F15 (4' pots) Gaillardia aristafa Blanket Flower F15 (4- pots) Monarda'Stue Stocking' Blue Bee Balm F16 (4" pots) Linum perenne Blue Flax F15 (4" pots) Ipamopsis aggregata Scarlet Gilia 1 gal Hemerocallis spp. Dayliilies 1 gal Salvia nemorosa 'Blue Queen' Blue SaMa 1 gal Lupins Russel Hybrids Lupine, Mixed 1 gal Mirabills mWtiflora Desert Four- O'Clock F15 (4" pots) Peony, var. 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Iwo F Q W < V C� a� �j _d rr I Ljt In- I IS LL � F Ul �II I t - l �J '�__' Fl- �'� k l Fl H� t L h UHM lull 7I IIFR Hn L� la LAI tt r Imo- o� !-� r 1� ICI itIfl. l�T O w; fir+ L C��� YU 0 rowN of vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Subject: A request for the review of a major exterior alteration, pursuant to Section 12 -76- 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: William Gardiner, represented by Victor Mark Donaldson Architects Planner: Rachel Dimond A request for review of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA, located at 288 Bridge Street, Unit R- 2(Rucksack Building) /Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045) Applicant: Margo Mullally, represented by Mark Donaldson Planner: Rachel Dimond I. SUMMARY The applicants, Margo Mullally and William Gardiner, are proposing to expand their residential dwelling units at 288 Bridge Street, formerly known as the Rucksack Building. The Gardiner proposed addition to Unit R -1 requires review of a major exterior alteration, a stream setback variance and a site coverage variance. The Mullally proposed addition to Unit R -2 requires review of a major exterior alteration. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of these applications subject to the findings noted in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), applicant narratives (Attachment B), architectural plans (Attachment C) and a letter from the A &D Building to the north (Attachment D). II. DESCRIPTION OF THE REQUEST Unit R -1, the Gardiner Residence, is located on the second floor, with access on the east side of the structure. Mr. Gardiner is requesting the following: • Addition of 170 square feet, including 0 38 square feet of additional GRFA and site coverage on the east side of the building, including 37 square feet to be built into the stream setback and 11 square feet over allowable site coverage 0 93 square feet of additional GRFA on the south side of the building 0 39 square feet of additional GRFA on the north side of the building Unit R -2, the Mullally Residence, is located on the third and fourth floors and includes the tower on the structure. Ms. Mullally is requesting the following: • Addition of 516 square feet, including 0 317 square feet of additional GRFA on the north side of the third floor 0 118 square feet of additional GRFA on the south side of the third floor 0 71 square feet of additional GRFA on the south side of the fourth floor 0 10 square feet of additional GRFA on the interior of the fifth floor While the Rucksack Tower is located within view corridor #1, the addition on the south side of the fourth floor of R -2 does not encroach into the view corridor. III. BACKGROUND The existing 288 Bridge Street is made up of the former Rucksack Building and Scott Building. The Rucksack Condominiums building was originally constructed in the early 1960's, has been remodeled several times starting in 1966 to add or expand commercial and residential square footage and was further subdivided in 1978 to create the "Rucksack Condominiums ". The date of original construction of the former Scott Building is undetermined. The space was formerly occupied as either a restaurant or retail establishment, historically. The Rucksack and the Scott Building were combined, with the commercial first and second floors being completely remodeled in 2009. Initially, the residential units were included in the renovation of the structure, but were not ultimately approved as part of the commercial remodel. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS (in part): 12 -1 -2: PURPOSE: Town of Vail Page 2 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -78: COMMERCIAL CORE 1 (CC 1) DISTRICT (IN PART) 12 -78 -1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -78 -7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, Town of Vail Page 3 the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 12 -17: VARIANCES (in part): 12 -17 -1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone 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 -4: HEARING: Upon receipt of a variance application, the planning and environmental commission shall set a date for hearing in accordance with subsection 12 -3 -613 of this title. Notice shall be given, and the hearing shall be conducted in accordance with subsections 12 -3 -6C and D of this title. 12 -17 -5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Town of Vail Page 4 12 -17 -6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. 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. 12 -17 -8: RELATED PERMITS AND REQUIREMENTS: In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. Town of Vail Page 5 12- 7B -20: VAIL VILLAGE URBAN DESIGN PLAN (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC 1) and to guide the future alteration, change and improvement in CC 1 district. 12 -18 -5: STRUCTURE AND SITE IMPROVEMENT (in part): Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. A. Lot and Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged, provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable the addition Chapter 22 — View Corridors (in part) 12 -22 -1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the pubic interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12 -22 -3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12 -22 -6. Town of Vail Page 6 12 -22 -4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D — pg. 19) 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, for by application of any resident or property owner in the town,] or by the administrator or his /her designee. 12 -22 -7: NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged, Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12 -22 -8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two -fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in Town of Vail Page 7 nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core/ Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. Town of Vail Page 8 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal certain amount of overlap between these six goals, each of the Village and the community as a whole. A series steps that can be taken toward achieving each stated been developed to guide the Town's decision - making it objectives. The Bridge Street Building is located within Area #3 of the Master Plan. statements. While there is a focuses on a particular aspect of objectives outline specific 7oal. Policy statements have achieving each of the stated the Commercial Core 1 Sub- A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Town of Vail Page 9 #3 -4 Mill Creek Commercial Infill The development of commercial frontage along the west side of Mill Creek to encourage pedestrian traffic in this area. Pedestrian improvements including the bridge over Mill Creek and a mid -block connection to Bridge Street are also desired (see Urban Design Guide Plan). Improvements to Mill Creek (landscaping, utility relocation and stream bank stabilization) as well as loading and delivery, must be addressed. Special emphasis on 2.4, 2.5, 3.4, 4.1, 6.1. Vail Villacie Urban Design Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establishes the Clock Tower building within the Gore Creek Drive /Bridge Street Sub - Area. V. ZONING ANALYSIS Physical Address: Legal Address: Zoning Designation: Land Use Plan Designation Current Land Use: Lot Size: Geologic Hazards: 288 Bridge Street Part of Lots C & D, Block 5, Vail Village Filing 1 Commercial Core 1 (CC1) District Village Master Plan Mixed Use 5,564 square feet (.1277 acres) None Development Standard Allowed /Required Existing Proposed Buildable Lot Area (min): 5,000 sq. ft. 5,564 sq.ft. No Change Setbacks: None Required or per Vail Village Master Plan Stream Setback 30 feet 27 feet 25.8 feet Building Height: 60% at 33 ft. or less 56% 60% 40% at 33 ft. to 43 ft. 37% 33% Town of Vail Page 10 Density: Dwelling units (DU) Accomm. Units (AU) GRFA: Site Coverage (max) Landscape Area: Parking: Loading: VI. SURROUNDING LAND USES Land Use North Mixed Use South Mixed Use East Mill Creek West Mixed Use VII. REVIEW CRITERIA 0% at >43 ft. 7% 7% 25 DU /acre (3 units) 2 DU 2 DU 50 AU /acre (6 units) None None 4,451 sq. ft. (80 %) 2,538 sq. ft. 3,224 sq. ft. (58 %) 4,451 sq. ft. (80 %) 4,424 sq. ft. 4,462 sq. ft. (80.2 %) No reduction per VVMP No change Pay -in -Lieu 0 on -site No change 1 berth Off -site No change Zone District Commercial Core 1 Commercial Core 1 Outdoor Recreation Commercial Core 1 The following are review criteria for an exterior alteration or modification: 1. The proposed exterior alteration is in compliance with the general and specific purposes of the zoning regulations as specified in Section 12 -1 -2, Purpose, Vail Town Code; and, Staff finds that both applications for exterior alterations are consistent with the general and specific purposes of the Zoning Regulations. Specifically, the applications "encourage a harmonious, convenient, workable relationship among land uses" with the expansion of both existing units. The application also furthers the purpose that calls for continued improvement to Vail to facilitate the "high -end resort." However, Staff finds that the addition to the fourth floor at the tower does not "safeguard and enhance the appearance of the town" as it negatively alters the general appearance of this historically linked building. 2. The proposal is consistent with applicable elements of the Vail Comprehensive Plan; and, Staff finds that the applications are consistent with the applicable elements of the Vail Comprehensive Plan, which includes the Vail Village Master Plan, Urban Design Guide Plan, Design Considerations and the Vail Land Use Plan, except for the addition to the tower on the fourth floor. Town of Vail Page 11 The applications further the Vail Land Use Plan goals and objectives, including Objective 1.1, to "encourage the upgrading and redevelopment of residential and commercial facilities" and Goal 1.3, that "the quality of development should be maintained and upgraded whenever possible." The site specific recommendations in the Vail Village Master Plan are generally not applicable but the application remains consistent with the goals and policies in the Vail Village Master Plan, which, similar to the Land Use Plan, "encourage the upgrading and redevelopment of residential... facilities. " The Urban Design Guide Plan discusses view corridors as follows: "Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man -made and natural elements that contribute to the sense of place associated with Vail. " While the proposed addition to the tower is not in the established view corridor #1, the addition to the Tower will negatively affect this man made element that, as stated above, contributes to the sense of place in Vail. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the all components of the application do not otherwise negatively alter the character of the neighborhood except for the addition to the tower. There is no change to the sun shade analysis from existing structure and most of the additions will not be noticeable from street level or even from other buildings. However, the addition to the tower changes the appearance and feel of the building by adding an element to the tower that reduces the positive visual impact of the tower. The following are review criteria for the stream setback variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested variance will not negatively impact the existing and /or potential uses and structures in the vicinity. While a portion of the addition will encroach into the stream setback, it will do so on the second floor, which will infill existing stairs and patio area. Further, due to the fact that many structures in Vail Village have zero setback lines as established by the Vail Village Urban Design Guide Plan, the encroachment into the setback will have limited visual impact. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Town of Vail Page 12 The purpose of the variance is to facilitate an addition to the living room area to further facilitate interior circulation. The unit on the second floor is small due to the existence of another commercial space on this level. There are limited opportunities for expansion to the kitchen and living room areas. The proposed variance is the minimal amount necessary to provide adequate circulation and improvements to the dwelling unit to achieve compatibility and uniformity with newer structures built under more recent regulations. Staff finds this variance request would not be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities. Staff finds the requested variance will have a minor effect on light and air, as the bulk and mass of the building will slightly increase. As noted on the sun shade analysis in the applicant's request, this addition will not negatively effect the neighboring property, but will only impact light and air on the subject property. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Certain properties in the vicinity have received stream setback variances in order to facilitate residential additions, as follows: • March 26, 1990- Vail Rowhouses Unit 9 received a stream setback variance to encroach 10 feet into the 50 foot Gore Creek setback. • September 4, 1990- Red Lion Building received stream setback variance to encroach 5 feet into Mill Creek setback The following are review criteria for the site coverage variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested site coverage variance will not negatively impact the existing and /or potential uses and structures in the vicinity. While the addition will create new site coverage, it will do so on the second floor, which will infill existing stairs and patio area. This will not change the relationship between the subject property and neighboring uses, many of which have received site coverage variances. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Town of Vail Page 13 Staff finds that the requested site coverage variance will not be a grant of special privilege as other structures in the vicinity that were built in the 1960s have received site coverage variances to facilitate these types of residential additions. The subject property was constructed in the early 1960s and thus, did not have regulations such as site coverage to address at that time. With the combination of the Rucksack Building and the Scott Building upon redevelopment of the commercial portion of the Rucksack, a site coverage variance was not required, as site coverage was almost completely utilized. Now, any infill of the stairs on the east side of the structure would require a site coverage variance. Further, the inclusion of a garbage facility pushed site coverage to its maximum allowable square footage. 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 finds that the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities. Staff finds the requested variance will have a minor effect on light and air, as the bulk and mass of the building will slightly increase. As noted on the sun shade analysis in the applicant's request, this addition will not negatively effect the neighboring property, but will only impact light and air on the subject property. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Below is a list of some sites in the vicinity with their current site coverage calculations listed and how they obtained that site coverage. A. A& D Building On October 8, 1984, the PEC approved a CCI exterior alteration. No variances were requested. Site coverage was proposed at 79.0 %. The exterior alteration was approved with the condition that a floodplain modification request be approved by the Town prior to construction. On May 8, 1985, the PEC approved a floodplain modification for the A & D development. No stream setback variance was required. In February 1995, the applicant proposed an expansion to Golden Bear, increasing site coverage to 79.95 %. B. Red Lion Building On April 9, 1990, the PEC approved a view corridor encroachment, stream setback variance, site coverage variance, CCI exterior alteration, and conditional use permit (to allow an outdoor dining deck). Prior to redevelopment, the Red Lion Building encroached into the Mill Creek stream setback 1 to 18 feet. The proposed redevelopment requested 5 additional feet of encroachment. The staff memo cited the Town of Vail Page 14 location of the existing building and the A & D improvements as significant issues that would not make the request a grant of special privilege. The staff recommended denial of the requests, although the PEC ultimately approved the requests. Concerning site coverage for the Red Lion redevelopment, the proposal included 50 square feet of additional site coverage. However, as part of the redevelopment, 27 square feet of existing site coverage was to be eliminated. As a result, there was net increase of 23 square feet of site coverage. At the time of the proposal, the existing Red Lion Building had a site coverage of 83 %. Though the staff recommendation for the site coverage variance request was denial, the PEC ultimately approved it. One of the conditions of the exterior alteration was an agreement between the Town and the Red Lion developers that the GRFA approved through that process be the cap. Language has been incorporated into the condominium declarations that the existing 8,714 square feet of GRFA and three dwelling units are the maximum allowed for the property and that no other GRFA or dwelling units may be added to the project in the future. The standards for CCI zoning would have allowed approximately 11,200 square feet of GRFA and eight dwelling units. On October 22, 1990, the PEC approved an exterior alteration and a site coverage variance to allow an airlock to be constructed for the Szechuan Lion Restaurant. At the time of the request the building had a site coverage of 83.2 percent. The proposed airlock was an additional 60 square feet. The approval allowed the building to reach a site coverage of 83.6 percent. Staff recommended approval, primarily because the Zoning Code at the time emphasized the need for airlocks. C. Bridge Street Lodge (Golden Peak House) On November 2, 1993, the Vail Town Council approved a Special Development District for the Golden Peak House. This included, among other things, a site coverage request which exceeded the 80% allowed in CCI. At the time of the proposal, the existing Golden Peak House on the existing lot had a site coverage of 91.6 %. Under the approved plans with the expanded lot, the site coverage will be 94 %. D. Vista Bahn Building On March 13, 1995, a request for a major exterior alteration in the Commercial Core 1 zone district and site coverage, stream setback, and common area variances and conditional use permits to allow office space on the third floor and to allow an outdoor dining deck, to provide for the redevelopment of Serrano's was approved by the Planning and Environmental Commission. This approval granted a site coverage variance of 83.9% as several buildings in the vicinity had site coverages in the range of 83 %. On August 24, 1998, the Planning and Environmental Commission approved a variance and minor exterior alteration to allow for a new entry to the building which increased the site coverage by 53.5 square feet to a total of 85.0 %. The reason for the minimal Town of Vail Page 15 increase in site coverage is that most of the addition occurred within the Town of Vail right -of -way which does not count against the site coverage calculation for the site. On April 28, 2003, the Planning and Environmental Commission denied a variance request to increase site coverage from 85.0% to 87.2 %. E. Clock Tower Building On August 12, 1991, the PEC denied a request for a site coverage variance at the Superstars Studio within the Clock Tower Building. The PEC found that the property was not encumbered with a physical hardship. The existing site coverage was 87 %. The request for an additional 28 square feet would have put site coverage at 87.2 %. The staff recommended denial and the PEC concurred. F. Covered Bridge Building The Covered Bridge building was approved for redevelopment in 1993. The applicants originally requested five variances and a floodplain modification, but ultimately designed a building which conformed to all zoning standards was approved. G. Slifer Building The Slifer Building was built in the early 1960s and annexed into the newly established Town of Vail. On February 24, 1992, the Planning and Environmental Commission approved a site coverage variance request that added approximately 57 sq. ft. of site coverage to the Slifer Building, increasing site coverage from 92.1% to 93.9 %. On April 13, 1998 the Planning and Environmental Commission approved a site coverage variance to allow for a remodel and expansion to the Slifer Building. The proposal increased the total site coverage by 103 sq. ft. for a total of 3,129 sq. ft. (97.1%). On March 8, 2004, the Planning and Environmental Commission approved a site coverage variance to expand Sweet Basil, increasing site coverage to 97.5 %. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA, located at 288 Bridge Street, Unit R -2 (Rucksack Building) /Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the exterior alteration, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 16 "The Planning and Environmental Commission approves a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2 1Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the exterior alteration, the Community Development Department recommends the Commission imposes the following conditions: "1. All additions to Unit R -2 are approved except for the addition to the fourth floor tower. " 2. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. " Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the Zoning Regulations, as specified in Section 12 -1 -2, Purpose, Vail Town Code; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. " The Community Development Department recommends approval, with conditions, of the request for a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 17 "The Planning and Environmental Commission approves a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission imposes the following condition: "1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. " Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the Zoning Regulations, as specified in Section 12 -1 -2, Purpose, Vail Town Code; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 5. 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. 6. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified Town of Vail Page 18 regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. " IX. ATTACHMENTS A. Vicinity Map B. Applicant narratives C. Architectural plans D. Letter from the A &D Building Town of Vail Page 19 Attachment A ARCHITECTS PROJECT NARRATIVE For William A. Gardiner Unit R -1 The Bridge Street Building Condominium TO: Rachel Friede Dimond, Town Planner Planning & Environmental Commission FROM: Mark Donaldson /VMDA DATE: July 25, 2011 0048 E BEAVER CREEK BLVD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949 -5200 FAX 949 -5205 WWW.VMDA.COM We submit our PEC Application for review due to our proposing the addition of over 100 square feet of floor area. We also seek review of the small east expansion for guidance upon obtaining the new survey being prepared by Gore Range Surveying that updates all our data base of information for various aspects of this development. We expect to provide that updated survey by Thursday July 28, 2011. Thank you for consideration of our Application. PRECISE NATURE OF PROPOSED USE: All proposed expansions are for the exclusive residential use of Unit R -1. Expansion of approximately 160 square feet of GRFA and on the north, east and south sides in a compatible fashion. The new building forms proposed are deemed to be compatible with this and adjacent structures by placement of all expansion areas under existing roof forms and use of compatible exterior building materials and detailing. RELATIONSHIP & IMPACT OF PROPOSED USE: We suggest that the expansion areas represented in this Application create no significant impact on neighboring properties, view corridors or visibility from public ways. Our expansion massing & architecture is designed to provide only harmonious and minor expansion of massing and forms. We further suggest the expansion conforms to Town development objectives. THE EFFECT OF THE USE ON LIGHT AND AIR, ETC: We envision no significant effect of the proposed use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities or other public facilities and public facilities needs due to the nature of design and management of limited increased building forms. THE EFFECT UPON TRAFFIC: We envision no significant effect of the proposed use upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking area. THE EFFECT UPON THE CHARACTER OF THE AREA: We envision no significant effect of the proposed use upon the character of the area n which the proposed use is located, including the scale and bulk of the proposed use in relation to surrounding uses. Respectfully submitted, Mark Donaldson, Principal /VMDA and Authorized Owner Representative ARCHITECTS PROJECT NARRATIVE For Margo Mullally Unit R -2 The Bridge Street Building Condominium TO: Rachel Friede Dimond, Town Planner Planning & Environmental Commission FROM: Mark Donaldson /VMDA DATE: July 11, 2011 0048 E BEAVER CREEK BLVD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949 -5200 FAX 949 -5205 WWW.VMDA.COM We submit our PEC Application for review due to our proposing the addition of over 100 square feet of floor area. We neither seek any Variance to zoning regulations or any form of Conditional or Special Review Uses for this proposed condominium expansion. Thank you for proper consideration of our Application. PRECISE NATURE OF PROPOSED USE: All proposed expansions are for the exclusive residential use of Unit R -2. Expansion of approximately 425 square feet of GRFA and on the north and south sides and associated expansion of exterior deck at the north /west corner of main level; the less than 50 square foot expansion on the south side of the first upper level does not violate the recorded view corridors and enhances the upper tower form in a modest and compatible fashion. The new building forms proposed are deemed to be compatible with this and adjacent structures by placement of two of the four expansion areas under existing roof forms and use of compatible exterior building materials and detailing. The third area of expansion includes a modified and compatible roof form along the north -west corner in a relatively obscure and concealed location among the neighboring structures and mature landscaping. The fourth area of expansion includes an extension to the upper levels to increase daylight and views and is an improvement to the existing tower element, without negative visual impact. RELATIONSHIP & IMPACT OF PROPOSED USE: We suggest that the expansion areas represented in this Application create no significant impact on neighboring properties, view corridors or visibility from public ways. Our expansion massing & architecture is designed to provide only harmonious and minor expansion of massing and forms. We further suggest the expansion conforms to Town development objectives. THE EFFECT OF THE USE ON LIGHT AND AIR ETC: We envision no significant effect of the proposed use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities or other public facilities and public facilities needs due to the nature of design and management of limited increased building forms. THE EFFECT UPON TRAFFIC: We envision no significant effect of the proposed use upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking area. The proposal adds one single bedroom to the existing condominium and enhances existing program areas. THE EFFECT UPON THE CHARACTER OF THE AREA: We envision no significant effect of the proposed use upon the character of the area n which the proposed use is located, including the scale and bulk of the proposed use in relation to surrounding uses. 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Carlson Paul R. Dunkelman Carlson,Carlson & Dunkelman, L.L.C. Attorneys at Law Drake Landing + 975 N. Ten Mile Dr., Ste. E -15 + P.O. Box 2829 Frisco, Colorado 80443 August 18, 2011 Town of Vail Planning Department Attn.: Rachel Dimond, Planner Via email at rdimondavailgov.com RE: Major Exterior Alteration, Pursuant to Section 12 -7B -7 288 Bridge Street, Unit R -2 Applicant -- Margo Mullay Architect - Victor Mark Donaldson Architects Dear Ms. Dimond: Paralegals Maria E. Ruiz Cynthia M. Kurtz As we have discussed, we represent the owners of 286 Bridge Street, Vail, Colorado, the adjacent neighbor to 288 Bridge Street. Please consider this letter to represent our position on the proposed major exterior alteration of 288 Bridge Street, Unit R -2. I will be appearing in person at the PEC meeting set for August 22, 2011 at 1:00 p.m. I will note that we have been in communication with Mr. Donaldson and Ms. Mullay in an attempt to amicably discuss the proposed alteration and in an attempt to assure that both parties' goals and interests can be met. Generally, these discussions have been cordial, cooperative and productive. I have included photos to illustrate the area of concern. My comments are guided by Vail Town Code Section 12- 7B -7(6) and more specifically the potential negative impact on the neighborhood (the adjacent neighbor) and the sun /shade analysis. Based upon our discussions and a review of the revised Plans, I have the following understanding of the alteration: Summit County + (970) 668 -1678 + FAX (970) 668 -5121 + Vail Valley + (970) 845 -7090 + Statewide Arizona & Colorado + Vai (800) 484 -6655 E -mail: carlson2Qcoloraclo.net + ron@udlawye7s.com + Imut@cccilawyers.com cynthiaOccdlawyers.com + maria@ccdlawyers.com The proposed guardrail running parallel to the southern boundary of 286 Bridge Street and immediately across from our window well will be set back approximately 3 feet from the 288 Bridge Street roofline. 2. Across from the above referenced guardrail, there is approximately 3 feet between the roofline of 288 Bridge Street roofline and the 286 Bridge Street exterior wall. Therefore, the guardrail is effect set back 6 feet from the 286 Bridge Street exterior wall. We would like to confirm at the PBC meeting that this is correct and, if so, it is generally acceptable. We do have a concern as to the location of 288 Bridge Street roofline in this area. It is unclear as to whether this roofline will extend beyond this guardrail. If so, we would request information as to how close it will run to the 286 Bridge Street property and confirmation that water drainage will not impact 286 Bridge Street. . Our most significant concern is the potential negative impact on the neighborhood— specifically the noise impacts on the adjacent neighbor. The present Plans (in the area of concern) call for a new bedroom and a new deck. The deck is immediately adjacent to our bedroom windows. I will note that use of the deck itself does create noise concerns; however, those impacts should be limited and not objectionable. The larger concern is the possibility of a hot tub in the adjacent area. While a hot tub is not part of the existing Plans, it was part of the original Plans. My review of the Code indicates that a hot tub would not be considered a major alteration requiring PI•C approval. We strongly believe that placement of a hot tub immediately adjacent to our bedroom windows would have a strong negative impact on the neighborhood — specifically the adjacent neighbor. We would request a limitation that restricts the future placement of a hot tub in the deck area adjacent to the 286 Bridge Street property based upon the existing alteration. Without that limitation, a significant impact could occur in the future with little or no remedies for 286 Bridge Street. Two other areas of concern are sun /shade and safety. The sun/shade analysis does not appear to raise concern during the spring /fall equinox, but does raise some concerns during the winter solstice. The alteration will create new areas of shade during the winter months, We are concerned about how this will impact snow melt /ice damming on the 286 Bridge Street roof. This is an issue that we would like the applicant to address. As for safety concerns, this is something that at least must be considered by the PEC. The roof of 286 Bridge Street and portions of the roof of 288 Bridge Street are immediately accessible from the deck. Immediate access to neighboring roofs does create a potential safety hazard. Again, I will be at the PEC meeting to address any of these issues. Sincerely, Paul R, Dunkelman cc: 286 Bridge Street Mark Donaldson (markd@vinda.com) Enclosures rJ w A rq� gi to m 6 le� oh,%x " �� °w JI. 1 0 14A [IF lift ov e 33 goy ' r y 4 0 w wr 700r.-, ,Z T - ria r I- �� °w CANCELLED PLANNING AND ENVIRONMENTAL COMMISSION August 8, 2011 TOWN OF T TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 . Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage in the Hillside Residential, Single - Family Residential, Two - Family Residential, and Two - Family Primary /Secondary Residential Districts, and setting forth details in regard thereto. (PEC110043) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to August 22, 2011 2. A request for the review of a variance, pursuant to Section 14 -1 -5, Variances, Vail Town Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Warren Dean, represented by Capitol Solar Energy Planner: Rachel Dimond ACTION: Tabled to August 22, 2011 3. A request for review of a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2 /Lot D, Block 5, Vail Village Filing , and setting forth details in regard thereto. (PEC110045) Applicant: Margo Mullally, represented by Mark Donaldson Planner: Rachel Dimond ACTION: Tabled To August 22, 2011 4. Approval of July 25, 2011 minutes ACTION: Tabled To August 22, 2011 5. Information Update 6. Adjournment 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 5, 2011, in the Vail Daily. Page 1