Loading...
HomeMy WebLinkAbout2012-0723 PECrowx of va PLANNING AND ENVIRONMENTAL COMMISSION July 23, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** 20 minutes A request for the review of a minor exterior alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, for the removal of floor area less than 100 square feet, the modification of a roofline and the addition of a new outdoor dining deck and modification of an existing outdoor dining deck, to facilitate the combination of two commercial spaces for a new eating and drinking establishment, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120026) Applicant: Gore Creek Plaza LLC, represented by Matt Morgan Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 60 minutes 2. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to August 13, 2012 hearing MOTION: SECOND: VOTE: 4. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Table to August 27, 2012 hearing MOTION: SECOND: Page 1 5. Approval of July 9, 2012 minutes MOTION: SECOND: VOTE: 6. Information Update 7. 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 July 20, 2012, in the Vail Daily. Page 2 TOWN OF VAIL ` Memorandum To: Planning and Environmental Commission From: Community Development Department Date: July 23, 2012 Subject: A request for the review of a minor exterior alteration, pursuant to Section 12-7B- 7, Exterior Alterations or Modifications, Vail Town Code, for the removal of floor area less than 100 square feet, the modification of a roofline and the addition of a new outdoor dining deck and modification of an existing outdoor dining deck, to facilitate the combination of two commercial spaces for a new eating and drinking establishment, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120026) Applicant: Gore Creek Plaza LLC, represented by Matt Morgan Planner: Rachel Dimond SUMMARY The applicant, Gore Creek Plaza LLC, represented by Matt Morgan, are requesting to combine two commercial spaces (Btu's Restaurant and Gore Creek Fly Fisherman/North Face) into one new restaurant in the Gore Creek Plaza Building, located at 193 East Gore Creek Drive, which requires the review of a minor exterior alteration and conditional use permit for the following: • Removal of 20 square feet of floor area, which is currently the vestibule for Blu's Restaurant's entry, resulting in a reduction of site coverage by 10 square feet • Modification of a roofline by adding a new roof for the new restaurant which will serve as a second floor outdoor dining deck on the north side of the existing Sweet Basil restaurant • Modification of an existing outdoor dining deck to expand the current Blu's Restaurant outdoor patio along the extent of the new restaurant facade • Conditional use permit for Sweet Basil's new outdoor patio on the second floor and expansion of an existing outdoor patio for new restaurant on the first floor or street level • Note: The Vail Town Code refers to outdoor dining decks for exterior alterations and outdoor patios for conditional use permits. Staff recommends the Planning and Environmental Commission approve, with conditions, the minor exterior alteration and conditional use permit, subject to the findings and criteria outlined in Section VII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), a letter from the applicant (Attachment B), architectural plans (Attachment C) and railing details (Attachment D). BACKGROUND The Gore Creek Plaza Building was annexed into the Town of Vail as part of the original town boundaries in 1965. The property was zoned Commercial Core 1 in 1965. In 1992, the Planning and Environmental Commission approved an expansion to the Sweet Basil outdoor patio. In 1994, the PEC approved a minor exterior alteration for the enclosure of trash facilities on the site, which were utilized by both Sweet Basil and Blu's. In 2005, the building underwent an expansion after the PEC approved a major exterior alteration that included the modification of Sweet Basil's outdoor patio and 1,000 square foot commercial expansion. In 2006, the PEC approved the enclosure of a portion of Sweet Basil's deck and an addition to the residential penthouse. On July 18, 2012, the Design Review Board unanimously approved the subject application with a condition that the applicant gain PEC approval for the project. ZONING ANALYSIS Zoning: Land Use Plan Designation Current Land Use: Commercial Core 1 District Village Master Plan Mixed Use Development Allowed/Required Existing Proposed Standard Lot Area: 5,000 sq ft 7,535 sq ft no change Setbacks: No setbacks per Vail Front: Village Urban Design 0 ft no change Sides: Guidelines 0 ft no change Rear: 1 ft no change Site Coverage: 6,028 sq ft (80%) 6,437 sq ft 6,417 sq ft (85.42%) (85.16%) -20 sq ft Landscape Area: No net loss per Vail Village Urban Design No change Page 2 Guide Plan IV. SURROUNDING LAND USES V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Section 12-7B Commercial Core 1 (CCI) District (in part) 12-7B-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. 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: 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, 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). 12-7B-20: VAIL VILLAGE URBAN DESIGN PLAN.- A. LAN: 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 (CCI) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Page 3 Land Use Land Use Designation Zoning North: Gore Creek Village Master Plan Outdoor Recreation District South: Mixed Use Village Master Plan Commercial Core 1 District East: Mixed Use Village Master Plan Commercial Core 1 District West: Lodge Village Master Plan Commercial Core 1 District V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Section 12-7B Commercial Core 1 (CCI) District (in part) 12-7B-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. 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: 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, 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). 12-7B-20: VAIL VILLAGE URBAN DESIGN PLAN.- A. LAN: 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 (CCI) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Page 3 Vail Village Master Plan (in part) 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 statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives. The applicable stated goals, objectives and action steps of the Vail Village Master Plan are as follows.- GOAL ollows: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Page 4 Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art and other similar landmark features shall be encouraged at appropriate locations throughout the Town. Objective 3.3: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Policy 3.3.2: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. Policy 3.4.1: Physical improvements to property adjacent to stream tracts shall not further restrict public access. Policy 3.4.3: The "privatization" of the town -owned Gore Creek stream tract shall be strongly discouraged. Vail Village Design Considerations (in part): C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered.- 1. onsidered: 1. Open space & landscaping - berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal points along those routes. Page 5 2. Infill commercial storefronts expansion of existing buildings, or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings, as in the Core Area. Nor is it desirable to leave pedestrian streets in the open and somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces both built and landscaped, which create a strong framework for pedestrian walks as well as visual interest and activity. Overhangs Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design consideration should be given to protection of pedestrian ways adjacent to buildings. Tee falls, snow slides, and runoff hazards can be reduced by roof orientation, gutters, arcades, etc. Overhang details are treated with varying degrees of ornamentation. Structural elements such as roof beams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is thick and wide, giving a substantial edge to the roof. Compositions The intricate roofscape of the Village as a whole is the result of many individual simple roof configurations. For any single building, a varied but simple composition of roof planes is preferred to either a single or a complex arrangement of many roofs. As individual roofs become more complex, the roof attracts visual attention away from the streetscape and the total roofscape tends toward "busyness" rather than a backdrop composition. Stepped Roofs As buildings are stepped to reflect existing grade changes, resulting roof steps should be made where the height change will be visually significant. Variations which are too subtle appear to be more stylistic than functional, and out of character with the more straightforward roof design typical in the Village. Page 6 - 0111 Em m .......... II S F�i -� 1.-;� loy(e rrvf#te� Page 7 FACADES Materials Stucco, brick, wood (and glass) are the primary building materials found in the Village. While not wishing to restrict design freedom over -much, existing conditions show that within this small range of materials -much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition, which unifies the streetscape. Of the above materials, stucco is the most consistently used material. Most of the buildings in the Village exhibit some stucco, and there are virtually no areas where stucco is .entirely absent. It is intended to preserve the dominance of stucco -by its -use in portions, at least, of all new facades, and by assuring that other materials are not used to the exclusion of stucco in any sub -area within the Village. Color The intent of these regulations regarding color shall be to provide greater latitude in the use of color in Vail Village in order to create visual interest and to enliven the area. Colors used should retain a discernible consistency within a general range of colors relating well to the colors found in the surrounding mountain backdrop of Vail, but need not be specifically found in that environment. All colors used shall relate to the colors of the natural materials found on the buildings like wood tones, slate roof colors, stone colors and the like. Additionally all building colors shall work with the colors of the buildings in proximity as well as with all natural landscape materials found nearby. While there is no restriction per se on specific hues, primary colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents. Body colors, both siding and stucco, shall be rich and lively but must be less chromatic shades, which relate to natural colors and can be either light or dark. All stucco shall have a flat finish. Generally, to avoid both "busyness", and weak visual interest, the variety of major wall colors (and materials — excluding glass) should not exceed four nor be less than two. A color/material change between the ground floor and the upper floors is a common and effective reinforcement of the pedestrian scale of the street. High chroma colors can be used for signage, accents, doors, canopies, wall graphics and other similar elements as long as they do not dominate either the building they are used on, the adjacent buildings, or the streetscape (see E. Accent Elements). The color schemes for all properties shall be considered on a case-by-case basis. Page 8 Transparency Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor facade of adjacent buildings. Transparent store fronts are "people attractors", opaque or solid walls are more private, imply "do not approach". On pedestrian -oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the total length of the commercial facade. Upper floors are often the converse 30%-45% transparent. Examples of transparency (lineal feet of glass to lineal feet of facade) on ground level: 58 - Pepi's Sports - Gasthof Gramshammer - The Lodge - Golden Peak House - Casino Building - Gorsuch Building Page 9 71 48 66 62 30 51 ,,, rnumd -P(zrri F aVVIdr(I f014I1 dpalif rwft F948. WINDOWS In addition to the general degree of transparency, window details are an important source of pedestrian scale -giving elements. The size and shape of windows are often a response to the function of the street adjacent. For close-up, casual pedestrian viewing windows are typically sized to human -sized dimensions and characteristics of human vision. (Large glass -wall storefronts suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished.) Ground floor display windows are typically raised slightly 18 inches and do not extend much over 8 feet above the walkway level. Ground floors which are noticeably above or below grade are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human -related dimensions). Glass areas are usually subdivided to express individual window elements - and are further subdivided by mullions into small panes - which is responsible for much of the old-world charm of the Village. Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to give a pleasing rhythm. Horizontal repetition of single window elements, especially over long distances, should be avoided. Page 10 •1*f■IF ■�ai�■ ��■ ■Rk■ ■■!■■!i CMN •il4�■ iR!■�■� Name= allows ■IJP■f r��r J; Large single pane windows occur in the Village, and provide some contrast, as long as they are generally consistent in form with other windows. Long continuous glass is out of character. Reflective glass, plastic panes, and aluminum or other metal frames are not consistent in the Village and should be avoided. Metal -clad or plastic clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. I x. DOORS Page 11 rte► Like windows, doors are important to character and scale - giving architectural elements. They should also be somewhat o 0 transparent (on retail commercial facades) and consistent in I110 detailing with windows and other facade elements. Doors with glass contribute to overall facade transparency. mt�ai- Due to the visibility of people and merchandise inside, windowed doors are somewhat more effective in drawing d people inside to retail commercial facades. Although great variations exist, 25-30% transparency is felt to be a minimum transparency objective. Private residences, lodges, ' fr— restaurants, and other non -retail establishments have different visibility and character needs, and doors should be designed accordingly. Sidelight windows are also a means of introducing door transparency as a complement or substitute for door' windows. Articulated doors have the decorative quality desired for Vail. Flush doors, light aluminum frames, plastic applique elements all are considered inappropriate. NOTE: Security is an important design consideration in Vail. Deadbolt locks are encouraged. Locks, door handles and glass should all be designed to discourage break-ins. Security -design discussions with the Town police staff are encouraged. As an expression of entry, and sheltered welcome, protected entryways are encouraged. Doorways may be recessed, extended, or covered. rrVM Page 12 J'Vk kkrd Tri -l" At t zz P(0544 ariycuLatcd 5LYFaz Prominent wood trim is also a unifying feature in the Village. Particularly at ground floor levels, doors and windows have strop, contrasting (see Color -Facades) framing elements, which tie the various elements together in one composition. Windows and doors are treated as strong visual features. Glass -wall detailing for either is typically avoided. wed DECKS AND PATIOS Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street, making a richer pedestrian experience than if those streets were empty. A review of successful decks/patios in Vail reveals several common characteristics- - direct sunlight from 11:00 - 3:00 increases use by many days/year and protects from wind - elevated feet to give views into the pedestrian walk (and not the reverse) - physical separation from pedestrian walk of to (planter better than a wall) overhang gives pedestrian scale/ shelter. Decks and patios should be sited and designed with due consideration to- - sun - views - wind - pedestrian activity Vail Land Use Plan (in part) Page 13 -Vskxi t.r b4 mrhje� -4D emAm j ■VMreI3 o'sffl¢rrleord 4vf c4br ar-*Wf8 y •1a,�x mla; are IGR#a � The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. 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. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core/ Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Page 14 VI. REVIEW CRITERIA Exterior Alteration: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12-713-1, Vail Town Code; and, Staff finds the proposed exterior alteration is in compliance with the purpose of the CC1 District, as the proposal will "maintain the unique character of the Vail Village commercial area" and will "ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses" by providing additional outdoor dining as an amenity. Further, the application is consistent with the Vail Village Urban Design Guide Plan's Design Considerations 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." Specifically, the proposal complies with the plan's architectural considerations, which are detailed in criteria #2 below. 2. The proposal is consistent with applicable elements of the Vail Comprehensive Plan; and, Staff finds that the application is 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. There are no specific sub -area concepts in the Urban Design Guide Plan for Vail Village relevant to this proposal. However, there are a number of design considerations that are applicable. The proposal meets the considerations for dining decks, which states "Decks and patios should be sited and designed with due consideration to: sun, views, wind and pedestrian activity' as the dining patio will provide sun for a portion of the day, views to Gore Creek and is adjacent to pedestrian activity. Further, the metal framed glass doors that will cover the facade meet a number of design considerations, including transparency, which calls for the ground floor to have "predominately glass will a small portion of opaque material." The metal framing helps to avoid "long expanses of glass." Further, the application is consistent with the element of the Design Considerations that recommends the illusion of movement and articulation of facades. The application furthers the Vail Land Use Plan goals and objectives, including Objective 2.5, 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 proposal follows Policy 3.3.2 which states, "Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects." By limiting the outdoor dining to allow a 10 foot pedestrian paver path, which is the same requirement as Blu's, the proposal will also meet Policy 3.4.1, which states, "Physical improvements to property adjacent to stream tracts shall not further restrict public access." 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the proposal does not otherwise negatively alter the character of the neighborhood, as the proposal will enhance the Gore Creek Promenade by increasing livelihood. Further, the outdoor dining area will not encroach into the walkway any further than already approved by the Blu's Restaurant dining area, leaving a 10 foot paver area to provide circulation for pedestrian traffic. Regarding any noise issues from increased outdoor dining, the restaurant would need to comply with the Town's noise ordinance. The restaurant will also conduct extensive recycling efforts on site, as they already do at Sweet Basil, which will provide a good example for the neighboring restaurants and neighborhood. These efforts will also further the Town's goal of commercial recycling in the commercial cores. Conditional Use Permit: 1. Relationship and impact of the use on development objectives of the town. Staff finds the proposed outdoor patios provide livelihood through outdoor dining, which is a development objective of the Town to increase activity in the commercial cores. Further, the proposed outdoor patios will align with the development objective to provide public spaces with a variety of activity. This will occur by adding more outdoor dining adjacent to the Gore Creek Promenade, while keeping a buffer for pedestrians with 10 feet of pavers remaining between the outdoor dining and the grass area of the promenade. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff finds the proposed outdoor dining areas will not have any negative effects on light and air, distribution of population, transportation facilities, utilities and schools. The at -grade outdoor dining area will have an effect on the Gore Creek Promenade, which is a public park adjacent to the outdoor dining. The design keeps a 10 foot width of pavers between the outdoor dining and the grass area in order to maintain pedestrian flow and access to the area. Further, the use of sleeves in the paversfor the outdoor dining fencing will allow for a consistent buffer, unlike the existing Blu's outdoor dining that consistently gets moved further into the walkway due to dining Town of Vail Page 16 area reconfiguration. These sleeves will ensure the 10 foot buffer remains in place to limit effects on the park. Staff finds the second level outdoor dining will not affect any of the above elements. 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 streets and parking areas. Staff finds both outdoor dining areas will not impact automotive traffic. Staff finds the at -grade outdoor patio will maintain consistent access for pedestrians and maintenance workers by creating a 10 foot buffer that will remain consistent with the use of sleeves to hold the outdoor dining fence. The current outdoor dining area does not use sleeves and the fence regularly moves closer to Gore Creek, which narrows the access. However, the proposed outdoor patio will be longer than the existing patio, which is now proposed to be expanded to both commercial spaces. The proposed use will improve conditions by maintaining clear 10 foot access along the pavers, which has been impeded by the existing outdoor patio and outdoor display from the former retail space. Further, the second floor outdoor patio will not have any effect upon traffic in general. 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 the proposed outdoor patios will have a positive effect upon the character of the area, furthering the outdoor dining culture that has been established on the Gore Creek Promenade. The outdoor patios will add livelihood, activity and new interest in the area. The scale and bulk of the proposed patios are minimal and will not impact the surrounding area, except to invigorate it and add more activity than already exists. While the at -grade outdoor patio will increase in length, it will be minimal in width to maintain the 10 foot paver buffer for pedestrian movement. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. Staff finds an environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION Town of Vail Page 17 • The Community Development Department recommends approval, with conditions, of the exterior alteration and conditional use permit. Exterior Alteration: • Should the Planning and Environmental Commission choose to approve this exterior alteration, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, for the removal of floor area less than 100 square feet, the modification of a roofline and the addition and modification of an existing outdoor dining deck, to facilitate the combination of two commercial spaces for a new eating and drinking establishment, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and setting details in regards thereto." • Should the Planning and Environmental Commission choose to approve this exterior alteration, the Community Development Department recommends the Commission approve the following conditions: "1. The applicant shall obtain approval from the Vail Town Council for improvements on public property and enter into an encroachment agreement with the Town of Vail for improvements on Town of Vail property prior to issuance of any building permit affecting public property." • Should the Planning and Environmental Commission choose to approve the exterior alteration, 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 CCI district as specified in section 12-7B-1 of the Zoning Regulations,- and egulations,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." Conditional Use Permit: • Should the Planning and Environmental Commission choose to approve the conditional use permit for outdoor patios, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 18 "The Planning and Environmental Commission approves a conditional use permit, pursuant to Section 12 -7B -3B, Conditional Uses and 12 -7C -3B, Conditional Uses, Vail Town Code, for outdoor patios on the first floor or street level and second floors, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and setting details in regards thereto." • Should the Planning and Environmental Commission choose to approve this conditional use permit, the Community Development Department recommends the Commission approve the following conditions: "1. The applicant shall obtain approval from the Vail Town Council for improvements on public property and enter into an encroachment agreement with the Town of Vail for improvements on Town of Vail property prior to issuance of any certificate of occupancy." Should the Planning and Environmental Commission choose to approve the conditional use permit, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title." IX. ATTACHMENTS A. Vicinity Map B. Letter from the applicant C. Architectural Plans D. Railing details Town of Vail Page 19 Gore Creek Plaza Restaurant Renovation Project Sweet Basil, Inc. has entered into a lease agreement to occupy and renovate the current Blu's Restaurant space, and the adjoining space to the west, formerly occupied by North Face. Both of these spaces are located in the Gore Creek Plaza Condominium in Vail Village. These spaces are referred to as Unit A and Unit D in the condominium map. Peg Rosenquist is the owner and landlord of all commercial spaces in the building. Our project includes joining the previously mentioned spaces and completing a total renovation of the premises A new restaurant concept will be created that will be congruous with the Vail brand and provide another small piece in the Vail Renaissance. The new restaurant will have its own identity as a rustic American eatery with simple yet outstanding food and service. It will operate within a more approachable price point than its sister restaurant Sweet Basil, and be open year round for lunch/apres ski/dinner service throughout the day. The space will be built and finished with the best quality furnishings and equipment while maintaining its relaxed and welcoming atmosphere. Code compliance will be top of mind throughout the design project, and all relevant issues satisfied. Our intention is to fully upgrade the interior spaces while improving the aesthetic appeal of the exterior. We will modify the frontage of the premises to provide an enhanced curb appeal while maintaining the integrity of the building. We are proposing subtle changes in the roofline to unify the lower level of the entire north elevation, while still providing architectural interest & relief by modifying exterior walls with new materials and lighting. Our hope is to amend and extend the deck leased premise with the Town of Vail to include outdoor dining in front of the new space we are adding to the project. Additionally, we are proposing a new outdoor patio upstairs at Sweet Basil (to be completed in the spring). Both of these are shown on the plans. We intend to request this before the Town Council on Tuesday August 7, 2012. This project proposes no net square footage change and should be in compliance in maintaining the unique character of the Vail Village commercial area. We believe our request is consistent with the applicable elements of the Vail Comprehensive Plan as well as the Vail Land Use Plan goals relating to the upgrading and redevelopment of commercial facilities. Our proposal does not negatively affect the character of the neighborhood; in fact our desire is that it should help to elevate the appearance and appeal of one of the truly special sectors in the heart of the Vail Village. Other public considerations including the effect on light and air, transportation, utilities, parks and schools should be unaffected by our project. We will use existing garbage facilities (a dumpster garage to the west of the building, managed by Slifer Management and shared with the Sitzmark Lodge). We will have comprehensive recycling programs in place, also using existing facilities on property and in the Town of Vail. We are located on the Gore Creek Promenade, which is on the snow -melt system, and as such we understand there is no snow removal plan requirement. It is our understanding as well that no employee housing mitigation or parking pay -in -lieu assessments should be necessary due to the nature and specifics of our project. Thank you for your consideration. We look forward to bringing another great project into the Vail community. Sincerely, Kevin Clair Matt Morgan LS918 OD 'I IVA E! 3AWO )133dD TdOD ISV3 E61 NOIIVAON321INVN31)13321D3210 4 % �p 5so b - _ � €env n 4� s I - --- - - - - - - - 1 ;ju 7R H E 0 0 0e 8 - 2 ,- - - ' 0.- u E 6 - - - E 6F— 6�� 'sbbb .2 Nee 4 -- - . . . O Lz Lu 0 3 Lu >Olz u 0 0 vw ua Z> LU 0 Z z M- Vaafo zova o z �p �p �P' �p ZO .16 IM LU 2 2 goo ....... ... . a<<<<<<< z IN 2 M o— E wa LU WE LU zQo&od ma LUw -2R 1 H � u 2 a H Tgg0T25ff-=M2m t2z 2 2 5M 1 MMM 2 M5 -- ----------------------- ---- --- -- -- -- -- - --- --- ---------------- 3 22 To z 20. 2 2 22� H 2E '95 556yy-y M, -- MMMH LD 6� M H3 -3y ff '2��23� E-2 =435 2. 2 55 6 5 212. h22,2 -'2 !!2!16 -3 0 J, MIS-, 2 '2 0 5 ol H =30�M, E Ha —5 t5 H '!t,. j=' 252 7MFa ----2 - 22 -E. - 66 N H H e 2 IMNH96 ------- 11 _- EE - tj b, < 0 0 SSOo-fiL610L6)>T)•9fi99'fiL610L61 0QVCOjOD,11LN,,i0D gj!)Vg "JIVA-40 NAA01 MISy SlDN(IllI(nQ JGV'IJlggl) 9x01) :n'BwA8nans 1191HXTI SWTITOKOD iDKIISIXTI o2uedaa09 0'i-3 IL IJHS mar LZ9-0L au yxaLZS—O! oN ,�wmv 35 -x,160/L " 35 mar Dt so t J m o = 104.50 P_ ..n•4300 mar Dt so t 0 LS918 OD 'I IVA 3AId4 )133dD TdOD ISV3 E61 NOUVAONT'd INVN31)13321D TdOD mall — EL :J - — - — - — - - — - — - — - -- LU 6IF"m LI y III j2 A 77 '�T LL 12 F-1 so IS Cj L III w J FF ICIVN]VqOdd )IIIND ]NOCE LS918 OD 'I IVA 3AId4 )133dD TdOD ISV3 E61 NOUVAONT'd INVN31)13321D TdOD ]AING )IIIND ]NOS — - — - — - — - — - F1 oW if T op C) Z o -------- ------------- II ll�i r Jl_ Il�x�lj _II II III II plo ill II II II II j - — — — — — — — —T---------------- — // LL- --- ---- ICIVN]VqOdd )IIIND ]NOS 0 0 LS918 OD 'I IVA 3AWO )133dD TdOD ISV3 E61 NOIIVAON321 lNVN31)13TdD TdOD 6mp,ur)Id-c)oo-x/s6uimr)jci 4uejj"rl�,-Z;O/Sf)UIM-Cl-t,0/11!JC) PUD JDO ISIDO-C)OO/ T "U z LU 0 H -M pQ 2--! z z , Z 0 up- U > EoV o MUH 2,- Lu8 1 z - 0 =Boa Lu -H ma Qoo plaaaa� Jloo 00 ------------- - — -------------- — - — - ------------- z jD III w 2" T r/ W/o L IEE E 'i i -- ---- - ------------- I Ill --n c cl::13 c1:13 ](IVNIwO2d N]1213 12100 --- i/Aow—sn/ o 0 LS918 OD 'I IVA 3AId4 )133dD TdOD ISV3 E61 NOUVAONT'd INVN31)13321D TdOD ]AING )IIIND ]NOS 0 22 2- < LU 0 22 Lu Gowow LU 33 0 z MAU F- 0 Lu 2 nni z LU <nm IIII No p LU Lu 00 z ll CL LU 2 91 IL l O II Xx — - — - — - — - — -— — - — - — - — - — - — - ------------- id LE - — - - - — - — - — — - — - — - — - — - — - IT, --- -------------------- -------- --- --- - -- --- ---------- ------- LL ICIVN]VqOdd )IIIND ]NOS IN— o 0 LS918 OD 'I IVA C%4 3AWO )133dD TdOD ISV3 E61 NOIIVAON321 INVN31)13321D TdOD A-4 NI W o 0 LS9 18 OD 'I IVA C14 C%4 3AWO )133dD TdOD ISV3 E61 NOIIVAON3"d INVN31 )133"dD TdOD -------------- r o0 ------------- --------- --- Lirl r� I ED] I I ----------6- - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —— — — — — — — — — — — -----------------------------------+----------- — — — — — — — — — — — — — — — — - ------------------------ ------------------ — — — — — — — — — — — — — — - ---- — — — — — — — ----„--------- LS918 OD `IIVA co 3AWO )I33dD 3b0D 1SV3 E61 m= NOIIVAON321 1NVN31)13321D 3210 ��- LS918 OD `l lb n 3n1b(I )I33dD 3b0D 1SV3 E61 w o o m= NOIIVAON321 1N`dN31)13321D TdOD °® = gQ �a� e�vo.,�e a�DaaD d °aa�o°aa�❑tea I I A❑Do�O❑Doi D � ao�❑�ao�❑� 00 I I l a❑oda❑oda o a I I z x I W 13Z LU J EA F W I W> I I I I I > I 011 I I r � I I I I I I I �oo o 0 LS918 OD 'I IVA C%4 3AWO )133dD TdOD ISV3 E61 NOIIVAON321 INVN31)13321D TdOD 0 Lu X3 -2 < 3a oo �,38 v Imo= LU 13 LU R 2 IM Lu < 2 cl 11 11 z �z I 0000000 Lu ❑ Lu -El LEE LU z 3- 1< 0 E h! ms < < tP - > Lu ❑ O 2 2 EE2 2 o � Lu 0000000 EII II Mu wood 39M -El z ❑LU —WM EE z 912W.29 Lu - < < -ED -E 3 bg E - M t 2 �t' < 4 'fin IL �o_,o LS918 OD `l lb n o C%4 3AWO )I33dD 3b0D 1SV3 E61 E= =xn NOIIVAON321 1N`dN31)13321D 3210 - D=== In z -- w ujw --- nn nn O 2a 22. 230. © o 0 0 -E r - r _ r cx -------------------------------------------- ----- ---7-----r----------r----------r------------ ------ ---t-------r----------------------r------------7----------- --- ------------------- ------ ___� r D 0 0 Q L Da a z 0000000 LU LU o° o��oLL - LL Lu vo a o a Lu El E00 o 0 LS918 OD 'I IVA C14 3AWO )133dD TdOD ISV3 E61 NOIIVAON3"d INVN31)133"dD TdOD < sgeoDqIw¥ }C%4 3wdgm3dDgoSISd e1 g }4 NO|±V&ON]"d±NVN]± )1]]"dD]�dOE) :u }\\)!}}} � 7vl= 4do" LS9 18 OD 'I IVA 3AWO )133dD 3'dOD ISV3 E61 NOIIVAON3"d INVN31 )13TdD TdOD < (n LU (n 0 < 0 < 1 I I z LL 0 j 0 .......... 13 2 < F--- F ---W ', >w < //)b<\\ I: cn cn cn w F-- 2 w Z Zo )<}>:/e 0 F- cf) cf) Z 0a@/§/&§ < F-- < X 1: Z 0 W cf) F --W r c D) z >- 0 < < 0 M< z (1: 3 " C, ;�Ww cf) < E cf) 0 <>z> m < > z > N 0 m < w < 0 Z F-- F-- 1: X cf) w z < z cn z F < F-- < F-- Z 0§ )-oo 0 `®<°® < W> ID z )«\e\\( < 0 Z C, p c) E w < < C) w F-- wz x cn Z < w F-- —0 < X W F -- 0 C) o w � m � cn D < o m c) < m F,) o FD E < 0 I < :E 00, C, 0 < 0 B/§ z w 0 � w w Eo cn z 0 D F-- 0 - z w < N W:E M 0 cf) x < 0 < � 0 z w 0 w 0 < < 0 cf) ol z 0 z0 C) < 0 0 » , . \ \>\ Z 0 < cf) 66 w N z :5 0 w z < z M- z < < F- w F-- \\)}} � 3: 0 o < cf) cf) cm) cf) X -0 Xw C) Z C) z w 0 -�i 0 - D o < w z ()3m3\\\ wo— �o C) 0 (.3 12) cf) < < :� C) w w C) cf) 0 M N 0 o m 0 (D z E P- 10 < o) 1 0 0 0 z w z 0 o 0 C) z 0 < < [ m < < cn C) m m (3 z 0 w 0 X < (D C, w Z o F-- m w D -- o 3: w Z Z 0 C) E c) w »2\%§5 z cn 0 0 0 1: < F-- I cn 0 z w w o LU 3: :< *\\< cf) ) 0 - > \> < < n 0 0 0 0 LS918 OD 'I IVA L6 3AWO )133dD TdOD ISV3 E61 NOIIVAON3"d INVN31 )133"dD TdOD LS918 OD `IIVA LO P 3ANCI )133217 3T10!D 1S`d3 £61 NOIIVAON3 d INVN31 )133dD MdOD a 11, L99L9 00 'SIVA 3AIua N33H0 3HOE) ISV3 M NOl1VAON3H 1NVN31 N33HO 3HOO LU LU ys 24 6NiFv L! - - - - - - - - - - - - - - - - - - - - - - L ---- E:--- I: --------------F------ - - - - - - - ------ CEI - --------- -- - - ------ - ----- -- D ------------- ------- 7T 40 --- ---- --- V Ogg LU ys 24 MIN I -i i UP fi M. I'M IM - Ti I L! - - - - - - - - - - - - - - - - - - - - - - L ---- E:--- I: --------------F------ - - - - - - - ------ CEI - --------- -- - - ------ - ----- -- D ------------- ------- 7T 40 --- ---- --- V Ogg b ARCHITECTURAL HataAau�,i nni� i�in c+v� C Guard Raiis, RAI IN Vj S Pnh is+rnrLnc ✓�.{M V Lt LAM V V, Windscreens MANUFACTURED BY C.R. LAURENCE COMPANY and More ... 05 73 00/CRL BuyLine 5341 00 New Products Engineered and Designed xl ■ for Commercial and Residential Needs s � Component and Accessory Items ■ Complement Each Product Line ■ �w CRL Heavy Glass Railing Systems and Components C.R. Laurence Company offers an array of stock items that can make your "everyday" type installation happen quickly and easily. Component items and systems are available from our 20 worldwide locations, allowing project completion to meet all deadlines and expectations. Custom items are available to meet those special design needs. Two Systems to Choose From... GlassWedge® Dry Glaze System • A New Method for Quick and Easy Glass Mounting Into Base Shoe • Save Over 50% in Labor Alone Versus the Wet Glaze Cement Pour Method • CRL Offers All the Components Necessary to Use This Preferred Method i Ready Set Wet Glaze System • A Tried and True Method to Secure Lites of Glass Into Base Shoe • Utilizes the New CRL Wet Glaze Pump Kit to Deliver Expanding Cement for Bonding Strength • CRL Offers a Full Set of Tools and Accessories to Complete the Job Done Plastic Wedge "Isolator" and high strength Aluminum Wedge lock glass panel into the Base Shoe Base Shoe Base Shoe attachment to the substrate is extremely critical to the structural integrity of a successful installation, and provides the foundation for the project. Numerous mounting methods are addressed in our full line HR06 Railing Systems Catalog. 10 and 20 foot stock lengths are offered for use with 1/2" to 3/4" (12 to 19 mm) thick glass. Aluminum material is 6063 alloy, T2 temper. Cap Rails Premium made "bump -formed" Cap Rails are offered to ensure reduced spring back of the finished rail. Cap Rails are fabricated from 16 or 18 gauge material, depending upon diameter, and are designed for 1/2" to 3/4" (12 to 19 mm) thick glass. CRL Wet Glaze Spacing, Centering, and Expanding Cement, Delivery Installation Kit Sealing Accessories Systems, and Mixing Accessories Cladding Cladding is available to allow the user to match any of the five popular architectural finishes offered in our Cap Railing. It can be secured to the Base Shoe using Cladding Tape or Silicone that we can provide. Complete attachment instructions are shown in our HR06 Railing Systems Catalog. Corners, Brackets, and Accessories Various angled Corners, along with Mounting Brackets, Sleeves, End Caps, and numerous other metal fittings are available from stock. Attachment materials such as our Metal Contact Cement ensure a secure and permanent bond. Other accessory items in stock will provide the perfect finishing touch to the installation. n 1L& CIL C.R. LAURENCE COMPANY crlaurence.com CRL Railing Systems, Windscreens, Pool Surrounds and Gate Systems Joe 05 73 OO/CRL BuyLine 5341 HRS Structural Glass Railing System Use CROs Glass Railing System for projects that are view -oriented. With a sophisticated look, these systems will accept 1/2" to 3/4" (12 to 19 mm) clear or tinted tempered glass infills. Glass Railings also serve as effective wind barriers, further enhancing the outdoor balcony environment. EGR Elevated Glass Railing System This system provides excellent drainage capability, allowing water and debris to escape beneath the base shoe. Great for high-rise balconies. With seven standard powder coated finishes, this system is suited for both commercial or residential applications. AWS Windscreen System Glass pool surrounds and windscreens are very popular in hotel and condo applications. This AWS Windscreen System creates an effective barrier while limiting the confining effect of a typical fence. Used in conjunction with a concrete slab or masonry wall, these innovative systems are highly adaptable, structurally sound, and attractive. ARS Picket Railing System CROs Picket Railing System is simple, attractive, and strong. Widely specified for commercial and residential applications, the Picket Railing System utilizes 3/4" (19 mm) square or round vertical pickets. A variety of top rail shapes give design flexibility. Oak ARS Aluminum Railing Systems with Glass Infills CRL's high quality commercial or residential Aluminum Railing Systems are versatile and strong. They utilize infill options of tempered glass, aluminum pickets or stainless steel cable. Each of these systems provides superior color retention, impact resistance, and weatherability in any environment. N%MIIIIIli�1 -I Frameless Windscreen Clamp System This Windscreen System gives the 'all -glass' frameless look. It's great for windbreaks, pool deck surrounds, outdoor seating areas, and patios. Available in core -mounted or side -mounted styles for 1/2" (12 mm) tempered glass. Y l ~ ]w' b ly, Y Y ;Y 'P' Series Post Railing Kits CRL manufactures a comprehensive selection of Post Railing Kits that combine the durability of stainless steel components with innovative designs and engineering. Designed for interior or exterior Hand Rail and Guard Rail applications. These low maintenance stainless steel post come ready to install. railings@crlaurence.com 1 (800) 421-6144 ext. 7730 1 Fax (800) 587-7501 3 If you are looking for a Railing System that is a step above an aluminum system, but do not have the budget for a custom welded stainless steel system, try our new CRL Component Railing System. It combines the strength of popular Cap Rails and Components to create an easy to assemble and install Railing System. Glass Infill Panels are secured without Glass Adjustable Wall Protectors CRS Component Railing System for Use with Glass Infill Panels • Design and Build Custom Post Railings from Stock Parts • Non -Welded Mechanical Connections for Quick Installation • Utilizes Our Popular Cap Rails and Companion Parts • Several Post Mounting Option Available • Standard Finishes are Polished and Brushed Stainless Steel Clamps, and their bottom edges are protected with an attractive Bottom Cap Rail. Adapter Fittings are bonded using our Metal Contact Cement. Stock CRL System components can be purchased for fabrication, or let our factory do the work for you, providing an easy -to -assemble railing package complete to your specifications. • Great for Elevators or Areas that Require Wall Protection • Easy to Assemble • Choose from Two Standard Finish Options • Custom Powder Coated Finishes Also Available • Decorative Black End Caps 08 42 00/CRL-1676 ENTRANCES & STOREFRONTS 08 42 00/CRM-4545 ENTRANCES & STOREFRONTS: Facilities & Owners 08 44 26.11/CRL-8621 STRUCTURAL GLASS CURTAIN WALLS 08 56 59/CRL-4964 SERVICE WINDOWS 08 71 00/CRL-3069 DOOR HARDWARE 08 71 00.14/CRL-7154 STACKING PARTITION SYSTEMS 10 28 19/CRL-3068 TUB & SHOWER DOOR ENCLOSURES 1118 00/CRL-6331 BULLET -RESISTANT PROTECTION 11 46 16/CRL-5592 SNEEZE GUARDS / PARTITION POSTS ' � .�r • � �siLL.r- Specialty Catalogs - 41 - Literature f �r ` to Add To Your Architectural Door Controls & Architectural Frameless Shower Transac and an Library Railing Systems Hardware and Service Hardware Hardware Door Hardware Security Hardware Accents Accessories and Supplies HR06 DC07 jib HS07 SD08 mama TV03 For All Your Project • - - • Technical Sales Requirements _ _---- -- .Access toAll CRLProducts Through Our =— =1 Easy -to -Use A to Z Product Index C.R. Laurence Company _ _ = a •See all of the CRL Catalogs has a Technical Sales , tl,,;ti�1ie ^.;f �`y • Technical Articles and Product Support Department to assist with -- •Ordering and Shipping Information design plans and installation II �9 • Help in Using the Site questions. Your job can be_ ^- • CRL Locations with Addresses, Directions, p - P made easier with the hel of y Phone and Fax Numbers our Technical Sales �� 0 • Direct E -Mail Connections to CRL Departments Representatives who are • Account Policies and Credit Terms trained in the newest - - � • A Calendar of Industry Trade Shows Hardware Systems, and can ` CRL aS ON C offer you detailed diagrams and layout sheets. Ask for y, .. CRL Catalogs are also available on CD-ROM in full color PDF (Adobe Acrobat) - format. Our CD-ROM puts at your fingertips well over 1,000 printed pages Extension 7730. of information from our most recent Specialty and Master Catalogs. Best of �= all, it's . Just request one online at crlaurence.com. 4 CIL crlaurence.com I railings@crlaurence.com 1 (800) 421-6144 ext. 7730 architectural@criaurence.com 1 (800) 421-6144 ext. 7730 1 Fax (800) 587-7501 4 0 rowN OF vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: July 23, 2012 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process (streamlining certain processes), and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond PROBLEM STATEMENT AND GOALS At the June 25, 2012 hearing, the Planning and Environmental Commission affirmed the following problem statement and goals (including an amendment to Goal #1 in bold): Problem Statement: The Town's first zoning code was adopted in 1969, and since then, the code has been amended hundreds of times. Most amendments were made one at a time and as a reactive response to a present concern. Forty years of amendments have taken a toll on the Town's zoning code, specifically the development review process. The processes required for various applications range from staff review to Town Council review, with variations on each process depending on the zone district. As a result, the development review process is complicated, confusing, fragmented and cumbersome. Further, in a recent community survey, respondents identified the development review process as complicated and lengthy. GOALS: In order to address the issues identified in the problem statement, the following are goals of this project: 1. Identify processes that may be amended and why. 2. Streamline the process and procedures for development review. 3. Ensure consistency among regulations and planning documents. 4. Increase efficiencies and cost savings in the development review process. 5. Eliminate outdated, ineffective and unnecessary provisions within the development titles. 6. Reaffirm existing policies and adopt new policies to clarify direction. 7. Ensure support from the community through public process. 8. Maintain the quality and safety of development in Vail. II. DISCUSSION ITEMS DEVELOPMENT REVIEW PROCESSES The following is a list of development review processes that should be evaluated to meet the goals of this project and other issues that will be discussed over numerous worksessions with the PEC: 1. Development Plan for establishment of Commercial Service Center District 2. Development Plan for Ski Base Recreation 1 District 3. Major and minor amendments to Special Development Districts 4. Major and minor amendments to development plan in Ski Base Recreation District 5. Major and minor amendments to development plan in Ski Base Recreation 2 District 6. General Circulation Plan in Arterial Business District 7. Conditional use permits and amendments 8. Certificate of Occupancy process 9. Internal review of projects, including planning, public works, fire and building review 10. Determination of similar use 11. Major and minor exterior alterations 12. Design review board determination versus Staff determination 13. Appeal process 14. Architectural compatibility 15. Reduction in technical language 16. Definitions 17. Summary of current trends in development review 18. Fee schedules 19. Cost considerations 20. Conceptual review process 21. Combined DRB/Building Permit process 22. DRB/PEC joint hearings to discuss DRB process In order to break down the extensive list above, Staff has provided a summary of certain conditional use permits that Staff requests the PEC consider for amendment to permitted uses. CONDITIONAL USE PERMITS • Staff review and Planning and Environmental Commission determination • Certain conditional use permits could be amended to become permitted uses, which could still include conditions for approval, but would streamline the process and would reduce the complexity of the permitted and conditional use process in the Town of Vail. Further, land uses could be combined into a smaller classification of land uses to reduce the excessive detailed land use classifications that were enacted based on existing uses in the Town at the time of land use adoption. Town of Vail Page 2 1. Indoor Entertainment: Major arcades are a conditional use in PA, CC1 (basement), CC3, CSC, LMU-1 (basement and 1St floor), LMU-2 (basement and 1 st floor), Parking and GU. Arcades were added as land uses in the 1978 Zoning Regulations, most likely at the peak of their popularity. The loud machines were likely used to attract patrons but have decreased in popularity. Today, arcade games are found in bars, and are typically a draw to keep patrons in the establishment. The definition of major arcades is as follows: MAJOR ARCADE: A place of business where an individual, association, partnership or corporation maintains five (5) or more amusement devices. Amusement devices are defined as follows.- AMUSEMENT ollows: AMUSEMENT DEVICE: Any device which upon insertion of a coin, slug, token, plate or disc, or payment of consideration may be used by the public for use as a game, entertainment, amusement, a test of skill, either mental or physical, whether or not registering a score, which shall include, but shall not be limited to: pool tables, snooker tables, foosball tables, pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical bulls, but shall not include radios, devices that provide music only, or television carrying commercial broadcasts. The use specific criteria for major arcades are as follows: a. No exterior frontage on any public way, street, walkway, or mall area is permitted. b. Amusement devices shall not be visible or audible from any public way, street, walkway, or mall area. Currently, minor arcades (with less than 5 amusement devices) are permitted as an accessory use in the H, PA, CC1, CC2, CC3, CSC, ABD, LMU-1, LMU-2, Parking and GU Districts. Minor arcades are a conditional use in the Ski Base Recreation District. This use is outdated and typically only occurs as an accessory use, if at all. The proliferation of handheld devices has led to the decline of the arcade, and with it, the associated noise. Bowling alleys are a conditional use in the CSC District. Theaters are a conditional use in the CSC, ABD, PA, CC1 (basement, 2nd floor and above), CC2, CC3, LMU-1, LMU-2 (basement and 2nd floor and above), PA -2 and GU. Staff recommends that major arcade, minor arcade, bowling alleys, movie theaters and similar uses be combined to form the land use "Indoor Entertainment." Further, Staff recommends that "Indoor Entertainment" be a permitted use in all commercial districts, with the criteria that "Amusement devices shall not be visible or audible from any public way, street, walkway, or mall area." The use specific criteria that does not allow exterior frontage on any public way, street, walkway or mall area should be applicable to indoor entertainment in the CC1, CC2, CSC, LMU-1 and Town of Vail Page 3 LMU-2 District (which make up the commercial cores). All other commercial districts would be exempt from this requirement. As with other permitted uses with use specific criteria, should the use not meet the criteria, it would be considered a conditional use. Pros: • Combination of all entertainment uses into one land use will simplify the regulations and allow for more creativity in land uses. • It will promote the existence of indoor entertainment, which is currently heavily regulated by requiring conditional use permits. • Indoor entertainment provides increased activities for guests and residents, which will keep them in Vail rather than going down valley for these types of uses. Cons: • Indoor entertainment could replace certain retail and eating and drinking establishments in the commercial cores. • Future types of indoor entertainment could have other unknown impacts that would not be reviewed if it were not a conditional use. 2. Brewpubs are a conditional use in the CC3, CSC, ABD, LMU-1, LMU-2 and SBR2 Districts. Brewpubs have been a conditional use since the inception of zoning in Vail, and based on the use specific criteria, were likely seen as a concern due to outdoor storage, noise and industrial nature within lighter commercial areas. Brewpubs are defined as follows: BREWPUB: An eating place which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the total floor area of the commercial space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrel is equivalent to thirty one (31) gallons. The use specific criteria for brewpubs are as follows: c. There shall be no exterior storage of supplies, refuse, or materials on the property upon which the brewpub is operated. d. The operator of the brewpub shall comply with the town's loading and delivery regulations as set forth in this title. e. Brewpubs which sell beer or ale at wholesale or which sell beer for off site consumption are allowed so long as the total of wholesale sales and sales for off site consumption do not exceed forty five percent (45%) of the product manufactured by the brewpub on an annual basis. In all of the districts that allow brewpubs as a conditional use, other eating and drinking establishments are a permitted use. Many of the criteria for brewpubs are Town of Vail Page 4 difficult if not impossible to track and enforce, including limitations on wholesale sales and production. Staff recommends that brewpubs be a permitted use with the following use specific criteria: 1. Brewpubs shall limit the area used for brewing, including bottling and kegging, to less than fifty percent (50%) of the total floor area. 2. There shall be no exterior storage of supplies or materials on the property upon which the brewpub is operated. Pros: • Changing brewpubs to a permitted use would allow other eating and drinking establishments to brew beer on site. • All regulation of brewing could be handled by the liquor license and the State. Cons: • Brewing operations could have odor, noise and other impacts not reviewed with a permitted use. • Seating area in eating and drinking establishments could be taken by brewing operations (but would still be limited to 50% of seating area). 3. Liquor Stores are a conditional use in CC1, ABD, LMU-1 and LMU-2 Districts. Liquor stores are a permitted use in the CC3 and CSC Districts. Liquor stores do not have any use specific criteria, and criteria placed on liquor stores in the past includes obtaining a license to operate and compliance with the Sign Regulations. The reason liquor stores were initially regulated as a conditional use was likely the image of numerous liquor stores and their lack of retail vitality for guests. Because retail is a permitted use in these zone districts, Staff recommends that liquor stores be a permitted use in the CC1, CC2, ADB, LMU-1, and LMU-2 Districts (on al floors). No use specific criteria are necessary since a liquor license is required by the State, and compliance with the Sign Regulations is required of all businesses. Pros: • Liquor sales could be regulated only by the Liquor Licensing Authority and the State of Colorado. Cons: • A lack of conditional use permit could limit the ability to reduce signage, as has previously been imposed by PEC. However, the updated sign regulations have provided a mechanism to control signage at these stores. 4. Electronic sales and repair shops are a conditional use in the basement level of the CC1 District. Staff believes that this specific use should be eliminated and included in either retail or personal services, depending on the business. Both retail and personal services are permitted uses on the basement level of the CC1 District. The requirement that this use be a conditional use was established with the zoning regulations, most likely because at the time, in the late 1960s, electronic sales were considered to be more stereo equipment oriented. Today's electronic age of cell Town of Vail Page 5 phone, small laptops and other devices are items that guests may want to purchase on vacation after leaving them at home. Pros: • Retail businesses could sell electronic items without having to obtain a conditional use permit. • The number of land uses could be reduced by eliminating this use. Cons: • The discouragement of this use would be eliminated, although this distaste for this type of use existed pre -electronics era. 5. Household appliance stores are a conditional use on all levels in the CC1 District. A conditional use since the inception of zoning in Vail, household appliance stores were likely seen as less vibrant and less guest focused than other retail uses within Vail Village. In the CC1 District, retail is a permitted use on the basement, first and second floors and a conditional use above the second floor. It is a permitted use in the CC3, ABD and CSC Districts. This use is a specific type of retail, and Staff recommends that this use be eliminated and permitted wherever retail is permitted. Pros: • Retail businesses could sell household appliances without having to obtain a conditional use permit. • The number of land uses could be reduced by eliminating this use. Cons: • The discouragement of this use would be eliminated; however, this use would likely only occur as part of other retail. 6. Luggage stores are a conditional use on the basement, second floor and above in the CC1 District. They are a permitted use on the first floor of the CC1 District and all floors in the CSC District. When zoning was established, commercial uses were more prominent and desirable to developers than residential uses. So, contrary to popular thought, horizontal zoning was established to limit commercial from upper levels rather than limit residential from lower levels. Luggage stores were permitted on the first floor but conditional on other adjacent floors most likely to limit this use that takes up a large amount of floor area, and can be a desirable use for a tourist economy. This use is a specific type of retail, and Staff recommends that this use be eliminated and permitted wherever retail is permitted. Retail is permitted on the basement, first, and second floors in CC1 and a conditional use above the second floor in CC1, as well as all floors in the CSC District. Pros: • Retail businesses could sell luggage without having to obtain a conditional use permit. • The number of land uses could be reduced by eliminating this use. Cons: Town of Vail Page 6 • The discouragement of this use would be removed. 7. Meeting rooms are a conditional use on all floors in the CC2, CC3, CSC, LMU-1 and LMU-2 Districts, and in the basement and on the second floor in the CC1 District. Meeting rooms are listed as an accessory use in the PA and PA -2 Districts. "Meeting rooms for owner use and community oriented organizations" is a permitted use in the SBR District. Staff recommends that this use be considered accessory in all districts, and should stand alone meeting rooms be built, this would fall under institutional uses, which is a conditional use in all of the commercial and business districts. Pros: • The number of land uses could be reduced by eliminating this use. • Allowing this use as accessory would reduce the requirement for HOAs and offices to get conditional use permits. Cons: • The lack of conditional use permit would remove PEC's ability to place other conditions on the use. 8. Outdoor patios, outdoor dining areas and outdoor dining decks are listed as conditional in the SBR2 District, and are listed as accessory to eating and drinking establishments in the HDMF, CC1, CC2, PA, PA -2, LMU-1 and LMU-2 Districts. In the CC1 and CC2 Districts, outdoor dining decks are subject to PEC review when first constructed and any modification. The regulations can be confusing as to what constitutes an outdoor patio versus outdoor dining deck. The establishment of this use as a conditional use has existed since the inception of zoning, and likely occurred to ensure mitigation of noise and proper boundaries to the street. Various master plans call for outdoor patios to increase livelihood in the commercial cores, and this use has certainly added to the vibrancy of these areas. Further, due to lack of sun in the evening and recent smoking ordinances that drive smokers away from buildings, noise is rarely an issue for outdoor patios. Staff recommends that alterations to existing decks be under DRB review. Staff recommends that these uses be combined and fall under accessory uses for all of these districts. Staff recommends the following use specific criteria for all outdoor dining areas: 1. Outdoor dining decks shall be on the property of the business. 2. If proposed outdoor dining decks are on Town of Vail property, the applicant shall obtain permission to use the Town property from the Vail Town Council. 3. Activity on decks shall comply with noise ordinance of the Vail Town Code. 4. Outdoor dining decks shall not block any egress or windows of other businesses unless the applicant obtains permission from the adjacent business owner. Pros: • Removing the barrier and timeframe for conditional use permits would encourage eating and drinking establishments to have outdoor patios, which are encouraged in master plans. Town of Vail Page 7 Cons: • The lack of conditional use permit would remove PEC's ability to place other conditions on the use. 9. Massage parlors are a conditional use in the Commercial Core 3 District. This is the only district that specifically calls out massage parlors, rather than the more general land use "personal services." The use was listed as a conditional use with the establishment of Commercial Core 3, and it is unknown why this use would be called out separately, except that the use was existing and perhaps had some issues that could be addressed with a conditional use permit. Massage parlors are typically accessory to hotels and lodges, but a stand alone massage parlor exists in CC3 with no negative impacts to the district. Personal services are permitted in the CC3 District, and massage parlors should fall under that same land use category. Pros: • Removing the barrier and timeframe for conditional use permits would allow ease of introduction of this use, which is typically included as a personal service. • Including this as a personal service would reduce the number of land uses in the zoning regulations. Cons: • The lack of conditional use permit would remove PEC's ability to place other conditions on the use. 10. Professional offices, business offices and studios are a conditional use on the second floor in the LMU-1 and LMU-2 Districts. This use is not permitted on the first floor. Staff recommends that this use become a permitted use on the second floor in the LMU-1 and LMU-2 Districts in order to facilitate more office space within the Town, specifically in the Lionshead commercial core. Pros: • Removing the barrier and timeframe for conditional use permits would encourage more offices upstairs in Lionshead, thus increasing activity in Lionshead. • Offices are a permitted use on the second floor in CC1 (Vail Village) so should also be a permitted use in Lionshead. Cons: • The lack of conditional use permit would remove PEC's ability to place other conditions on the use. 11. Seasonal uses or structures typically have meant tents for special events and parties. When on public property, an event can obtain a special event permit that allows for tents. However, when events are solely on private property, tents are regulated by the zoning regulations with this use. This conditional use was established with zoning in Vail, and was an issue when the ice skating bubble and other recreational bubbles were proposed throughout the town. They were seen as Town of Vail Page 8 a long-term eyesore than had big implications for parking, noise, population distribution and light pollution. However, there are many types of seasonal uses and structures that are not a nuisance that can be more easily approved to accommodate parties and short-term events. Seasonal uses or structures is defined as "SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure is subject to design review." In addition to design review, "Seasonal use or structure" is a conditional use in OR District. "Seasonal uses or structures utilized for more than fourteen (14) days" are a conditional use in the LMU-1 District. "Seasonal structures to accommodate athletic, cultural, or educational activities" is a conditional use in SBR District. "Seasonal structures or uses to accommodate educational, recreational or cultural activities" are a conditional use in the GU District. "Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses" is a conditional in OR District. Conditions that have been placed on seasonal uses (tents) since 1990: • All equipment must be screened. • The hours of operation shall be limited from 7:00 am to 8:00 pm, seven days a week. • The Noise Ordinance of the Town of Vail shall be met. • The applicant shall obtain a Town of Vail building permit prior to erecting the tent. • The applicant shall install a minimum of six, 50 -gallon planting pots, containing a combination of evergreen trees and flower plants in each pot, in association with the seasonal structure location. (tent on Lionshead Parking Structure) Staff recommends that temporary structures that are up for less than a week be Staff reviewed. Further, any temporary structure up for between one week and one month should be reviewed by the Design Review Board and any structures up more than a month stay a conditional use permit. The use specific criteria for tents should include the first four items on the historical conditions, with the design review board having authority over whether additional temporary or permanent landscaping is necessary to offset the impact of the tent. Staff also recommends that additional zone districts be permitted to have this use, including HDMF, MDMF, P, and LMU-2 Districts. Pros: Town of Vail Page 9 • Allowing short-term tents as a permitted use would clear up confusion surrounding special event permits, and would allow short-term tents to be dealt with by the special event review committee. Cons: • The lack of conditional use permit would remove PEC's ability to place other conditions on the use. III. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission listen to the presentation, ask relevant questions, and provide input on the discussion items outlined in this memorandum. Further, Staff requests this item be tabled to the August 13, 2012 hearing. Town of Vail Page 10 rowx of va PLANNING AND ENVIRONMENTAL COMMISSION July 9, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Henry Pratt John Rediker Susan Bird Michael Kurz Luke Cartin Pam Hopkins 60 minutes A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to July 23, 2012 hearing MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 Rachel Dimond made a presentation per the Staff memorandum. Rachel Dimond described the determination of similar use review process and gave the Cordillera Club and Four Seasons Club as recent examples of this process. Commissioner Rediker asked if the 30 day time limits are achievable by Staff and PEC. Rachel Dimond responded that they are achievable. Jim Lamont requested that staff clarify the existing Town Code regulations as an addendum to the staff memorandum. He identified concern from adjacent property owners about neighborhood compatibility. The Cordillera Club is an example of a use which appears to be compatible with the Commercial Core 1 District, but now requires additional parking enforcement and regulations due to valet and bus/drop-off services, even though there are no parking requirements in the village. He said compatibility with adjacent zoning and land uses should also be considered. Commissioner Cartin asked if neighbors are currently notified. Rachel replied that neighbors are not notified under current determination of similar use requirements. Commissioner Cartin and Jim Lamont recommended that notice be provided. Lamont noted that use interpretations are similar to zoning applications. Page 1 Commissioner Pratt asked Jim Lamont how changing review from TC to PEC changes the review criteria. Jim Lamont answered that the PEC has the authority to recommend additional studies being required. He believes a challenged or split PEC vote should be heard by the Town Council. Commissioner Rediker noted that the Town Council can call-up PEC decisions and asked if an appeal process would protect concerned neighbors. He noted that the Council, not the PEC, is elected to take the political heat over controversial issues. An example is the recent 18th green debate. Commissioner Rediker asked how the call-up process works. Rachel Dimond clarified the call-up/appeal process of PEC decisions. Commissioner Pierce noted that Town Council review doesn't streamline the process, but the call-up process is always available. Jim Lamont recommended stronger and more succinct review criteria to keep the discussion at the PEC level. Commissioner Pratt asked about time review length associated with a Town Council review versus a Town Council call-up/appeal. Rachel Dimond explained the difference in review time. Jim Lamont asked if an interpretation changes the code. Rachel Dimond answered no. Commissioner Pierce clarified that approval of the Cordillera Club did not include drop-off for guest in the Village instead of at the parking structure. It's a Police Department enforcement issue. Commissioner Cartin said the staff recommendation clarifies the process and creates known timelines. Jim Lamont agrees with Commissioner Pierce's comments, but his primary concern is that the PEC should review parking, noise, etc. and other criteria in their review. Commissioner Pratt agrees that the proposal streamlines the process since formal timelines and criteria will now be established. Commissioner Kurz recommended that any change in use should identify its impacts to traffic and parking, including town -wide impacts. Jim Lamont agreed and asked the rhetorical question of when traffic studies should be required. Commissioner Pierce noted that the PEC is currently reviewing only one small piece of the development review process. He asked if we should step back, see a larger overview, and question whether the town's needs 28 plus zone districts. He asked if combining districts should be considered instead of reviewing each process in each district. Page 2 Commissioner Kurz noted the two parts of process and procedure and the second part is re- evaluating the districts separately. He noted that unintended consequences happen with every change and combining districts could create loopholes. Rachel Dimond noted that combining zoning districts have not been considered at this time, but Staff can provide a larger overview of the regulations and processes. Commissioner Pierce identified that in reviewing this one section procedures could be changed in additional section. Commissioner Bird agreed with Pierce and recommended streamlines that allow staff to review more important issues than every house repaint. Rachel Dimond discussed exterior alteration applications as outlined in the staff memorandum. She further described the pros and cons associated with the different definitions and different processes in the different zone districts. Commissioner Cartin asked about a previous application to add a deck that affected the roof line in Vail Village. He asked if this would be reviewed by the PEC in the future. Commissioner Rediker noted that alteration of a roof line without notification to neighbors is a concern. He noted that DRB or PEC should have the ability to call-up Staff decision on such an application. He asked if a summary of Staff approvals should be provided to the PEC. Commissioner Kurz asked if the PEC already reviews applicable Staff approvals. Rachel Dimond noted the PEC reviews Staff approval actions such as amendments to conditional use permits. She noted that any Staff action can be appealed. Jim Lamont examined why the town applied the process it did in the past and where it is still applicable. He believes the exterior alteration regulations pre -dated Design Review Board design guidelines. Now the Town has detailed design guidelines for the various zone districts, but coverage is spotting and inconsistent. He would like to see a map of which physical areas have adopted design guidelines. He commented on public discussions about historic district proposals for older neighborhoods in the village. He noted that Lionshead has stringent design guidelines, but there isn't agreement on what happens inside buildings. He noted that at the time exterior alterations were adopted were intended to also address conversion of dwellings to commercial units and rental units to condominiums. He recommended separating use applications from design/aesthetic applications associated with exterior alterations. He noted that the title itself is confusing since these applications address use and the interior of buildings. Commissioner Pratt noted that in Lionshead and CC1, applications affecting roofs should be reviewed by PEC. However, if the application doesn't affect bulk and mass, common sense should apply and these applications should only be reviewed by the DRB. Commissioners Pierce and Bird agreed with Commissioner Pratt. Commissioner Rediker asked why interior changes were included in the exterior alteration application definition. Rachel Dimond recounted Lamont's recollection of the process. She noted that Staff recommends changing the name of the review process to more clearly describe the type of activity being reviewed. Page 3 Commissioner Rediker asked about the current definitions and regulations for outdoor dinning decks. Rachel Dimond described the current regulations. Jim Lamont noted that historically an unenclosed dinning deck have been viewed differently between enclosed versus unenclosed since some of the nuisances are contained. He recommended a checklist to determine the degree of impact and then the review process. Commissioner Rediker asked how dining decks are reviewed. Bill Gibson clarified how today an outdoor patio is a conditional use and an outdoor dinning area is an accessory use in CC1. Commissioner Bird asked how indoor dining with opening walls is defined. Jim Lamont noted that nuisances can be enclosed with some areas and can not with others, and those of the dinning areas of greater concern. He also noted that unclear regulations such as real estate offices on the first floor outside the CC1 district repeatedly come up. Rachel Dimond discussed design review applications associated with development plans in specific zone districts as outlined in the Staff memorandum. Commissioner Kurz supported the recommended change, but noted concern about amended the review process for site walls. Jim Lamont agreed with Commissioner Kurz and noted his concerns about items C (landscaping) and D (driveways, grading, site walls, accessory structures or recreational facilities, etc.). Commissioner Rediker agreed that these items would be the most controversial between neighbors. He noted that many alterations appear on the DRB's agenda, but appear to be reviewed administratively today. Rachel Dimond noted that today some items allowed to be administratively reviewed are still reviewed by the DRB at Staff's discretion. She noted the need for clear process expectations for applicants. Commissioner Rediker asked for further clarification about which applications are currently Staff reviewed. Rachel Dimond clarified Staff approvals. Commissioner Rediker asked how Staff determines which projects will be controversial and will need DRB review. Commissioner Pratt noted that many Staff approvals are for residential projects and do not include multiple -family and commercial projects. He noted that other communities require notice to adjacent property owners. He recommended DRB applicants must notify their neighbors. He noted that historic concerns have been that the DRB process isn't very transparent and neighbors only learn of proposals after approval has been issued. Page 4 Rachel Dimond identified the desire for a streamlined process and shorter timeframes for applicants. Design review staff approvals are also associated with projects that comply with the Town's design guidelines. Commissioner Rediker identified the added time and financial costs also associated with neighbor notification. Rachel Dimond commented that joint property owner approval is required for all DRB and PEC applications. Staff does not recommend changing this requirement. Jim Lamont commented that the Town is off track in not requiring neighbor notice of DRB items. He believes there must be some form of public notice to adjacent owners. He also noted concern that public notice is only sent to HOA property managers and the information is not always disseminated to the owners. He noted that the governmental process can no longer be trusted. He noted that the DRB is an extension of the original Town of Vail covenants. He asked, if the process of notification is too cumbersome, then why have any design review process at all. Rachel Dimond discussed design review applications that are compliant with the design guidelines for specific zone districts as outlined in the Staff memorandum. She noted that the design review process and building permit process for certain applications types have been combined, such as over-the-counter roofing applications. She identified the pros and cons, including public comment and concern about the length of the Town's review process. Commissioner Bird asked if applications could be processed online. Rachel Dimond described the Town's new a -plan review process. She clarified how combining the design review and building permit review into one action streamlines the process. Commissioner Pierce noted concern about same -for -same replacements where one owner installs a different brand of window than other owners in the same building. He is concerned about building decks on common or shared property without joint property owner approval. He believes the joint owner approval is a good safety measure for good design. Jim Lamont noted that even with joint sign off, owners are not fully protected. He gave an example of an un -named multiple family building with multiple brands of windows and window styling which have degraded the design quality of the building. There are inconsistencies with the enforcement and administration, and he is disenchanted with the process. Commissioner Rediker asked for clarification about what constitutes a change to an approved plans application. CFRIMM 191119Tit•:[•7FTi IMO Commissioner Kurz commented on the Hilton Head article and the "make it work" attitude described in the article have value. He noted that Staff should be an advocate for a project to a degree, take ownership of projects and assist applicants through the process. He also encouraged putting the process online. Rachel Dimond described how Staff is considering the advocate/single point -of -contact approach described in the article. Page 5 Commissioner Kurz identified the challenges associated with the limited span of control, plus numerous Town departments and personnel. Commissioner Cartin recommend a joint work session with the DRB to discuss the development review process. He recommended notification be addressed in the villages and mixed use districts only. He asked about PEC's role in projects that are ultimately decided by the Town Council. If the Town of Vail is the applicant, why involve the PEC and DRB at all. Commissioner Pratt and Commissioner Kurz noted that the current process provides needed checks and balances. Commissioner Rediker recommended involving the DRB soon in these deliberations. 2. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to July 23, 2012 hearing MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 3. Approval of June 28, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 4. Information Update 5. Adjournment ACTION: Meeting adjourned MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 6, 2012, in the Vail Daily. Page 6 Ad Name: 8103417A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 MW nay PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/6/2012 and that the last publication of said notice was dated 7/6/2012 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 07/12/2012. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 07/12/2012. 2mg-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 PUBLIC NOTICE THISITEM MAY AFFECT YOUR PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on July 23, 2012, at 1:00 pm in the Town of Vail Municipal Building, in con- sideration of: Arequest for the review of a minor exterior alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, for the removal of floor area less than 100 square feet, the modification of a roofline and the modification of an existing outdoor dining deck, to facilitate the combination of two commercial spaces for a new eating and drinking establishment, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1. (PEC120026) Applicant: Gore Creek Plaza LLC, represented by Matt Morgan Planner: Rachel Dimond The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Devel- opment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 6, 2012 in the Vail Daily [8103417] Ad ID 1.8168256 Date 07/18/2012 PUBLIC NOTICE PLANNING AND ENVIRONMENTAL COMMISSION July 23, 2012 1:OOpm TOWN COUNCIL CHAMBERS PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 —Order and times of agenda items are subject to change** 20 minutes 1. A request for the review of a minor exterior alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, for the removal of floor area less than 100 square feet, the modification of a roofline and the addition of a new outdoor dining deck and modification of an existing outdoor dining deck, to facilitate the com- bination of two commercial spaces for a new eat- ing and drinking establishment, located at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Vil- lage Filing 1, and setting forth details in regard thereto. (PEC120026) Applicant: Gore Creek Plaza LLC, represented by Matt Morgan Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 60 minutes 2. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the devel- opment review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to August 13, 2012 hearing MOTION: SECOND: VOTE: 4. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the re- development of the Town of Vail municipal site with a medical research, rehabilitation, and office build- ing and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant : Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Table to August 27, 2012 hearing MOTION: SECOND: 5. Approval of July 9, 2012 minutes MOTION: SECOND: VOTE: 6. Information Update 7. 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 July 20, 2012, in the Va# Daily [8168256] Ad shown is not actual print size Time 9:41 AM