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HomeMy WebLinkAbout2013-0513 PECK� TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION May 13, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Lot 6 Spraddle Creek — 1067 Riva Glen Road 2. Wall Street Building — 225 Wall Street 3. Vail Golf Course Hole 19 - 2100 South Frontage Road East 4. Riva Ridge North Unit 630- 133 Willow Place 45 minutes 1. A request for the review of a variance from Section 12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): 15 minutes 2. A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the interior conversion of an existing loft and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge) Unit 630/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130015) Applicant: Riva Ridge 26, LLC, represented by Michael Suman Architects Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 3. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): 15 minutes 4. A request for the review of a flood plain modification permit, pursuant to Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with Gore Creek, generally located at 2100 South Frontage Road East (Vail Golf Cou rse)/U n platted parcel (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC130013) Page 1 Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): 5. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther ACTION: Table to June 10, 2013 MOTION: SECOND: VOTE: 6. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single-family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to June 10, 2013 MOTION: SECOND: VOTE: 7. A request for the review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive -up facility, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Warren Campbell ACTION: Table to June 10, 2013 MOTION: SECOND: VOTE: 8. Approval of April 22, 2013 minutes MOTION: SECOND: VOTE: 9. Information Update 10. 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. 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 May 10, 2013 in the Vail Daily. Page 2 TOWN OF VAIL� PLANNING AND ENVIRONMENTAL COMMISSION May 13, 2013 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz Susan Bird Bill Pierce Henry Pratt Luke Cartin MEMBERS ABSENT John Rediker Pam Hopkins Site Visit: 1. Lot 6 Spraddle Creek — 1067 Riva Glen Road 2. Wall Street Building — 225 Wall Street 3. Vail Golf Course Hole 19 - 2100 South Frontage Road East 4. Riva Ridge North Unit 630- 133 Willow Place 45 minutes A request for the review of a variance from Section 12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell VARIANCE: ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 CONDITION(S): 1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated major exterior alteration application. MAJOR EXTERIOR ALTERATION: ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 3-2-0 (Pierce & Bird opposed) CONDITION(S): 1. This exterior alteration or modification approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the 0.70 employee impact created by this commercial addition in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code. 3. The applicant shall provide the Town of Vail with a pedestrian easement paralleling the extent of the east fagade of the Wall Street Building which shall be from the building fagade to the property line prior to requesting a certificate of occupancy. The pedestrian easement shall provide for unobstructed pedestrian access. Warren Campbell gave a presentation per the staff memorandum. Page 1 Michael Suman gave a presentation per the plans. He highlighted that the details on the fagade materials and store fronts were not determined and would be address with the Design Review Board. Commissioner Pierce asked if there was any public comment. There was no public comment. Commissioner Kurz stated that he felt the changes that were made to the plans addressed the concern he had including the provision of some shade. He spoke to the need to focus on the fenestration of the facade and "bring some Vail to the building." Commissioner Pratt expressed a concern with the infill of the arcade with a glass fagade which would eliminate the ability for outdoor display of goods which is a part of the life and fabric of the Village. He is in support of the easement requested by staff to maintain unobstructed pedestrian circulation on Wall Street. Commissioner Pierce asked if the easement were a part of the application Warren Campbell expressed that the staff was requesting the easement and the applicant did not express opposition to the easement during their presentation. Commissioner Cartin inquired as to who would be reviewing the landscaping in conjunction with the application. Warren Campbell stated that he would be measuring the area of the proposal to ensure there was no net loss in area and the Design Review Board would be reviewing the planting materials to be put in place. Michael Suman stated that he will also work with Public Works to ensure that their input is gathered on the streetscape intent. He restated there would be a one for one square foot of landscaping replacement of landscaping on the east fagade. Commissioner Bird inquired if there would be any operable windows in the store fronts as she identified that there is no air conditioning in the building and it gets hot in the summer based on her experience of working in the building. Michael Suman stated that that there would be operable windows. In order to get some cross- flow of air windows may be added to the west elevation. Commissioner Pierce stated that the location of the fire pit on Wall Street and the proposed infill of the arcade would make pedestrian circulation uncomfortable and tight. He added that if the fire pit were relocated or removed he might be able to view the proposal more favorably. He added that he felt the store front openings are inappropriate for the Village as identified in the Vail Village Design Considerations. He concluded by stating that he felt the changes made to the first floor retail infill on the northeast corner were a positive. Commissioner Kurz noted for the record that special event promotions are available and could be used to promote businesses in the building in the future. 15 minutes 2. A request for the review of a variance from Section 12-61-1-6, Setbacks, Vail Town Code, to allow for the interior conversion of an existing loft and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge) Unit 630/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130015) Applicant: Riva Ridge 26, LLC, represented by Michael Suman Architects Page 2 Planner: Warren Campbell ACTION: Approve with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 CONDITION(S): 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall mitigate the construction of 176 square feet of GRFA, pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code, prior to the issuance of a building permit. Warren Campbell gave a presentation per the staff memorandum. Michael Suman stated that he was available for any questions. There was no public comment. The Commissioners expressed their belief that the proposal was in compliance with the criteria. 20 minutes 3. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 CONDITION(S): 1. The applicant shall record the plat entitled, Amended Final Plat, Spraddle Creek Estates, Lot 6, Town Of Vail, Eagle County, Colorado, prior to the submittal of a building permit application. Warren Campbell gave a presentation per the staff memorandum. Commissioner Bird inquired as to the need for the homeowners association for Spraddle Creek Estates to approve the application. Warren Campbell stated that yes the homeowners association and architectural review committee have been reviewing the plans and concepts and that they were currently in agreement with the proposal. Commissioner Kurz asked if there were geologic hazards present on the site. Warren Campbell stated that there were several geologic hazards on the site (medium severity rockfall and moderate hazard debris flow) as well as slopes which required compliance with the hazard chapter of the Vail Town Code for excessive slopes. He added that the applicant was aware of these impacts and the need to address them. 15 minutes 4. A request for the review of a flood plain modification permit, pursuant to Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with Gore Creek, generally located at 2100 South Frontage Road East (Vail Golf Course)/U n platted Page 3 parcel (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC130013) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Joe Batcheller ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 Commissioner Pierce recused himself as he had a conflict of interest. Joe Batcheller gave a presentation per the staff memorandum. Commissioner Kurz clarified for the record that a 19 hole course is not being proposed, but is an additional hole to be put in play when another hole is taken out of play for maintenance, reconfiguration, or other work. Scott O'Connell explained that the tee for the "19th hole" is shared with the tee box for hole 12. Hole 19 does not come after hole 18. This has been a part of the master plan for a number of years. It allows for greater flexibility in opening holes early in the season and continues 18 hole play if bunker work or grass needs additional time to recover from winter impacts. This is not specifically for the 18th hole changes that are anticipated. Tom Kassmel, Floodplain Coordinator, stated he had reviewed the reports and had nothing to add, but was available for any questions. There was no public comment. 5. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther ACTION: Table to June 10, 2013 MOTION: Cartin SECOND: Bird VOTE: 5-0-0 6. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single-family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to June 10, 2013 MOTION: Cartin SECOND: Bird VOTE: 5-0-0 7. A request for the review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive -up facility, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Warren Campbell ACTION: Table to June 10, 2013 Page 4 MOTION: Cartin SECOND: Bird 8. Approval of April 22, 2013 minutes MOTION: Cartin SECOND: Kurz 9. Information Update VOTE: 5-0-0 VOTE: 5-0-0 George Ruther gave an update on the Ford Park Master Plan and the schedule moving forward. George Ruther invited the Commissioners to an open house meeting the Town of Vail is hosting regarding the Vail Valley Medical Center master planning effort which is beginning. 10. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. 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 May 10, 2013 in the Vail Daily. Page 5 0) rowN of Vain' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 13, 2013 SUBJECT: A request for the review of a variance from Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell I. SUMMARY The applicant, Wall Street Commercial, LLC, represented by Suman Architects, is requesting the review of a variance from Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, and the review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to the facilitate the construction of a commercial addition at 225 Wall Street (Wall Street Building). Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of the proposed site coverage variance and approval, with conditions, of the proposed exterior alteration or modification subject to the findings noted in Section VIII of this memorandum. Staff's recommendation of approval on the site coverage variance considered the fact that the proposal is not a demo/rebuild and is an addition to an existing structure. Proposals to demo/rebuild are expected to comply with the applied zoning. Approval of a variance does not establish the allowable development on the site, in this case site coverage, when a demo/rebuild is proposed. Staff's recommendation of approval, with conditions, on the major exterior alteration includes multiple conditions to address compliance of the proposal with the Vail Village Design Considerations. II. DESCRIPTION OF REQUEST The applicant, Wall Street Commercial, LLC, represented by Suman Architects, is requesting the review of: • A site coverage variance to expand the footprint of the building by 228 square feet resulting in an increase in site coverage from 80.3% to 83.4% (80% permitted). The area on top of the commercial expansion would replace and become the deck for the unit above. • A major exterior alteration to facilitate the expansion of the first floor retail area by 840 square feet and the second floor office by 459 square feet. The proposed site coverage expansion occurs in the space between the Wall Street and the Hong Kong Buildings. The proposal is to increase the commercial floor level south to the shared property line. The commercial expansions under the arcade do not count towards site coverage as they are beneath structure above. The proposal includes new fagade materials and colors on the ground floor commercial and the floor levels above. All new fagade materials are located on the east and north elevations. The west and south facades are to remain unchanged. A vicinity map (Attachment A), the applicant's written request (Attachments B), the proposed site and architectural plans (Attachment C), two memorandums from Jeff Winston, Town of Vail consultant, (Attachment D) are attached for review. III. BACKGROUND The subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. The existing Wall Street Building was completed in 1968 prior to zoning in Vail. The property was subsequently zone Commercial Core I District and in 1980 became subject to the Vail Village Design Considerations of the Vail Village Master Plan which rendered the structure legally non -conforming in regards to site coverage. On September 10, 1990, the Planning and Environmental Commission approved a major exterior alteration was approved to increase the American Ski Exchange commercial space by 96 square feet. This approval facilitated the reconfiguration of the entry and a bay window. Town of Vail Page 2 On December 16, 1991, the Planning and Environmental Commission approved a major exterior alteration was approved to increase the Rightfit Sports (currently Jewels of the West) commercial space by 10 square feet and a second floor office space by 5 square feet. On April 12, 1993, the Planning and Environmental Commission approved a major exterior alteration to add 35 square feet of commercial floor area to the American Ski Exchange tenant space. On April 10, 2000, the Planning and Environmental Commission approved a conditional use permit to eliminate a dwelling unit through the combination of Units 301 and 303. The result was a decrease in the number of dwelling units on the site from 9 to 8. NO exterior alterations were proposed. On June 24, 2002, the Planning and Environmental Commission approved a major exterior alteration and height variance request for the consolidation of Units 301 and 303 resulting in the addition of to dormers on the west elevation. On March 11 and 25, 2013, the Planning and Environmental Commission tabled this request without discussion. On April 8, 2013, the Planning and Environmental Commission held a public hearing on the proposal and tabled it after discussion. The Commission identified a need for a site plan which shows the buildings on the east side of Wall Street to establish context, an increase in the landscaping on the west elevation of the Wall Street Building, a change to the first floor commercial infill at the northeast corner to open up site lines into Wall Street, and the need for a pedestrian easement. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-7B Commercial Core 1 (CC1) 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 zoning 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 Town of Vail Page 3 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. Chapter 12-17, Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS / POLICIES.- The OLICIES: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. 1.3. The quality of development should be maintained and upgraded whenever possible. Town of Vail Page 4 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core/ Lionshead 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 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.) 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN Vail Village Master Plan VAIL VILLAGE DESIGN CONSIDERATIONS Vail Village Design Considerations V. SITE ANALYSIS /d'.C'.I11M Legal Description: Zoning: Land Use Plan Designation Current Land Use: Lot Size: Geological Hazards: Town of Vail 225 Wall Street Lot B, Block 5C, Vail Village Filing Commercial Core I (CC1) Village Master Plan Mixed Use 7,301 sq.ft. (0.1676 acre) None Page 5 Standard Allowed/Required Existing Proposed Lot Area 5,000 sf 7,301 sf no change Setback: West per VVDG* 4 feet no change East per VVDG 0 feet no change North per VVDG 0 feet no change South per VVDG 6.4 feet 0 feet Height 60% less than 33 ft. 100% no change 40% from 33 ft. to 43 ft. 91% no change 0% over 43 ft. 9% no change Site Coverage 5,840.8 sf 5,864 sf 6,092 sf 80% 80.3% 83.4% Landscaping no net loss softscape 63 sf 132 sf (0.01%) (0.02%) Density (GRFA) 5,840 sf n/a no change Density DUs 4 DUs 8 DUs no change (25 DUs/acre) Parking 12 DUs 13 required no change (1.4/DU) 0 provided Commercial 0 required no change *Vail Village Design Plan VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Children's Fountain No zoning South: Commercial (Hong Kong Building) Commercial Core I East: Mixed Use (Casino Building) Commercial Core I West: Mixed Use (Lodge at Vail) Commercial Core I VII. REVIEW CRITERIA Site Coverage Variance The review criteria for a variance request of this nature are prescribed by Chapter 12- 17, Variances, Vail Town Code, as follows: Town of Vail Page 6 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The existing Wall Street Building currently exceeds the allowable site coverage in the CC1 district. The proposal to add an additional 228 square feet increase the site coverage to 83.4%. The proposed increase in site coverage would occur on the south side of the Wall Street Building up to the shared property line with the Hong Kong Building. This area is approximately 6.4 feet in width and contains a stairwell to the basement level. The space is currently fenced off from view and receives no sunlight. The infill of the space will have impacts to the Hong Kong Building with regard to compliance with the adopted Town of Vail Building Code should they propose an addition or redevelopment. The expansion of the Wall Street Building first floor commercial to the property line will create a zero lot line development. The ownership of the Hong Kong Building is aware of the requested proposal and have not contacted the town with concerns. The proposed Wall Street Building expansion does not cause the Hong Kong Building to make any changes or improvements to remain in compliance with the Town of Vail Building Code. A benefit of zero lot line construction in this instance is that an unaesthetic space between the buildings which receives no daylight will be eliminated and become functional commercial space. Staff has consistently reviewed site coverage variances in the Vail Village in close concert with any proposed changes in landscaping. The applicant proposes an increase in softscape landscaping for the site from 63 to 132 square feet. This net increase of 69 square feet occurs on the southwest corner of the property. In conjunction with the major exterior alteration request, Staff discusses the need to maintain an organically shaped landscape planter along the east facade with a minimum of the same area of landscaping. The proposal contains a design to maintain the area and organically reconfigure the single existing landscaping area along the east facade of the Wall Street Building. Staff does not believe the proposal to expand the commercial floor level to the south, in a space which is visually unattractive and underutilized, will have any negative effect on the potential uses and structures in the vicinity. Therefore, Staff finds that the proposed site coverage variance will not be detrimental to the existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The proposal would increase the site coverage on the site by 3.1 %. As was stated previously in the memorandum the Wall Street Building was constructed prior to the establishment of zoning in Vail. It was subsequently zoned CC1 and rendered non- conforming with regard to site coverage. Town of Vail Page 7 Many of the existing structures within the CC1 zone district exceed the allowable 80% site coverage. Variances have been approved for the Red Lion Building (83.6%), Vista Bahn Building (85%), and the Slifer Building (97.5%). An SDD was approved for the Bridge Street Lodge (Golden Peak House) to have a site coverage of 94%. The Clock Tower Building (Gorsuch) has an existing site coverage of 87%. The space proposed for commercial expansion does not serve as a public space, pedestrian circulation, or landscaping. The space does not receive sunlight and is visually detracting from the village streetscape and architecture. Staff finds that this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the site coverage regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within CC1 and compliance with the Vail Comprehensive Plan. The Planning and Environmental Commission has held that alterations and variances for existing buildings may be appropriate based upon each specific set of circumstances. Projects which are demo/rebuild are not typically afforded variances. An expectation of compliance is expected for demo/rebuild projects with regard to the applied zone district. Staff finds that the proposed variance will not constitute a grant of special privilege. Staff finds that approval of this site coverage variance in conjunction with the associated major exterior alteration application, as conditioned by staff, will grant flexibility in the implementation of the Town's regulations and design guidelines to help protect and maintain the existing character of Vail Village, consistent with the stated purpose of the CC1 district and Vail Village Master Plan. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The space proposed for first floor commercial expansion is currently fenced off from view and contains a staircase to the basement level. The 6.4 foot wide space is located approximately 40 feet below the roof forms of the Wall Street Building and the adjacent Hong Kong Building. The space does not currently receive any direct sunlight and is shade for the entirety of the day and year. Staff finds that the proposed site coverage variance will have no negative effect on the adjacent properties, light and air, distribution of population, transportation and traffic utilities, public facilities and utilities, or public safety in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. EXTERIOR ALTERATION OR MODIFICATION A major exterior alteration with the CC1 district requires review and compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Town of Vail Page 8 Design Considerations, and the zone district. The review criteria for an exterior alteration or modification request of this nature are prescribed by Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, as follows: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12-7113-1, Vail Town Code. Staff finds that the proposal, if amended as recommended by staff in the following criteria, is in compliance with the purposes of the CC1 district since it will "maintain the unique character of the Vail Village Commercial Area", will provide "adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses" continues the "maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways" and continues the "building scale and architectural qualities that distinguish the Village." Properties zoned CC1 are required to mitigate the employee generation created by development. The proposal submitted by the applicant is required to mitigate the expansion of the commercial floor area. Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code the development is required to mitigate 20% of the employees generated by the net new floor area. Chapter 22 included regulations identifying employee generation and mitigation requirements. The applicant is proposing to add 840 of retail and 459 square feet of business/professional office. Based upon these areas and the proposed land uses the applicant is required to mitigate 0.70 employees. This can be accomplished either through the provision of employee housing within the town or payment of a fee -in -lieu. The current fee to mitigate a full employee is $74,481. The method of mitigation has not been determined by the applicant in conjunction with this proposal. The mitigation must be selected prior to release of the building permit. If a fee -in -lieu is selected it is required prior to the issuance of the building permit. Staff believes the proposal complies with this criterion. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, Vail Village Design Considerations, Streetscape Master Plan, and the Vail Comprehensive Plan. The Vail Village Master Plan identifies the purpose of the plan as follows: "This Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. This Plan emphasizes the critical need to balance and coordinate parking and transportation systems with future improvements to Vail Mountain that will increase the "in and out of Valley" lift capacity. Most imoortantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzinq future proposals for Town of Vail Page 9 development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides valuable information for a wide variety of people and interests. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future." The Vail Village Master Plan established six goals containing objectives, policies and action steps. Staff believes the following goals, objectives and policies are applicable to the Wall Street Building major exterior alteration proposal. "GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Obiective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement proiects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development maybe allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Obiective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Policy 1.4.3: Identification of "historic" importance shall not be used as the sole means of preventing or prohibiting development in Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Town of Vail Page 10 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. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and obiectives of the Vail Village Master Plan. 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. 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. Policy 2.5.2: The town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate budding renovations without compromising life, health and safety considerations. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing appropriate assistance. Policy 2.6.4: Employee housing shall be developed in the Village when required by the Town's adopted Zoning Regulations. Town of Vail Page 11 GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Obiective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development oroiects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adiacent pedestrian ways. Policy 3.1.2: Public art and other similar landmark features shall be encouraged at appropriate locations throughout the Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adiacent to, or visible from, public areas." Chapter 7 of the Vail Village Master Plan identifies ten Vail Village Sub -Areas. Within each sub -areas concepts are described which are meant to serve as "advisory guidelines for future land use decisions by the Planning and Environmental Commission". The Wall Street Building is located within Sub -Area #3. Sub -Area 3# is as follows: va% rd"NOWNWA "This pedestrianized area of the Village represents the traditional image of Vail. A mixture of residential and commercial uses, limited vehicular access, and inter- connected pedestrian ways are some of the characteristics that distinguish this area from other portions of the Village. With the exception of embellishing Town of Vail Page 12 pedestrian walkways, developing plazas with greenspace, and adding a number of infill developments, it is a goal of the community to preserve the character of the Village as it is today. The core area, with its predominantly Tyrolean architecture; is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects. Although it is a goal to maintain design continuity in the Village core, there will be change in the; core area's built environment. This is mostly due to the number of properties that have not exercised their full development rights. Most notable among these properties are the Red Lion Building, the Cyranos Building, the Lodge at Vail, and the Covered Bridge Building. If each of these and other properties develop to their full potential, there will undoubtedly be a significant increase in the level of development in the Village core. The Vail Village Urban Design Guide Plan has been the primary tool in guiding private development proposals in the core area since 1980. The Guide Plan will continue to be used in conjunction with the goals and design criteria outlined in the Vail Village Master Plan. Infill and redevelopment proposals shall be reviewed for compliance with the design criteria, goals, obiectives and policies established in these respective plans. " The Vail Village Design Consideration are a critical element of the Urban Design Guide Plan. Staff enlisted the architectural design review services of Jeff Winston to aid in the review of the major exterior alteration's compliance with the Vail Village Design considerations. Staff has attached Jeff Winston's written comments (Attachment E) for review. The Vail Village Design Considerations identify the key physical characteristics of the Village and provide the tools to assure that new development is consistent with this established character. These considerations include the following: A. Pedestrian ization A primary characteristic and significant reason for the success of Vail Village is the pedestrian experience. The pedestrian experience is comprised of numerous elements including but not limited to architecture, building scale, material use, vitality and activity created by the permitted uses on the first floor, connectivity of pedestrian ways, and landscaping. Wall Street is unique in the Vail pedestrian experience. It is the one area in the Village in which there is never vehicular travel or loading and delivery occurring. This factor allowed for a more intimate streetscape design and increased landscaping. Town of Vail Page 13 The proposal to infill beneath the arcade and between the Wall Street Building and the Hong Kong Building will have impact on the pedestrian experience. The infill will impact current circulation patterns and views. Staff believes this infill will result in changes to the pedestrian experience, however, through architectural design the pedestrian experience can be maintained and improved. Staff believes there are impacts to the pedestrian experience created by the proposal to infill a portion of the at -grade two-story design element at the northeast corner of the Wall Street Building. This opening on the corner of the building provides for unique views up Wall Street with regard to the pedestrian experience. Staff believes these views serve to draw pedestrians into Wall Street which is positive to the overall experience. Additionally, the open arcade at the corner allows for pedestrians to cut through to Wall Street. Since the last public hearing the applicant has revised their proposal to infill a portion of the at -grade two-story design element at the northeast corner. This was in response to staff's and the Commission's comments regarding the need to maintain pedestrians views up into Wall Street. The proposal includes the expansion of commercial floor area while maintaining 4 feet 7 inches between the new commercial facade and the corner column. Staff visited the site to see a mock-up of proposed commercial extension and the 4 feet 7 inch spacing does have a positive impact on the pedestrian views into Wall Street when compared to a complete infill of the corner at -grade. Staff believes this design solutions allows for some infill of the at -grade portion of the northeast corner while maintaining pedestrian views and a circulation cut -through up to Wall Street. B. Vehicular penetration As stated above, Wall Street is unique and benefits from the inability for any vehicular traffic to enter the street. The proposal does not result in any change to the ability of vehicles to access the street. C. Streetscape Framework The Vail Village Design Considerations identify two methods for improving the pedestrian experience through the streetscape framework. They include the inclusion of open space and landscaping to establish a "soft, colorful framework linkage along pedestrian routes" and the infill of commercial storefronts and infill development to create "new commercial activity generators to give street life and visual interest'. Previously staff identified a concern with the proposal to reduce and reconfigure the existing landscape planter located on the east facade of the Wall Street Building. Currently this is the single landscaping planter on the west side of Wall Street along the building facade. The existing planter is comprised of approximately 65 square Town of Vail Page 14 feet of landscaping with an organic shape. The revised proposal is to maintain the approximately 65 square feet of softscape in a new irregularly shaped planter. Staff believes the proposed to maintain the current area of the landscape planter on the east facade is in keeping the intent of the Code provison requiring no net loss of landscaping. There is an overall increase in landscaping for the site by 69 square feet in the southwest corner of the site. This increase in softscape landscaping is a positive when compared to the existing concrete, however, it will be located behind a fence and not serve to enhance the pedestrian experience, provide for the ability to install permanent plantings, provide for a visual break-up of the built environment, and tie the Village visually with the mountain setting. Staff had identified and spoken with the applicant regarding the potential for additional landscaping along the north facade of the structure facing Children's Fountain. Staff would like to continue to pursue opportunities to place a landscaping bed along this facade which would likely be located partial within the Gore Creek Drive right-of-way. Staff believes opportunities to add additional landscaping to the east and north facades should be explored and pursued. D. Street Enclosure Street enclosure is the term used to define how the built environment should be design to create a "comfortable" enclosure of the street. Pedestrian streets are outdoor rooms which need to have specific characteristics to create a comfortable pedestrian experience. The Vail Village Design Considerations identify an appropriate width to height ratio for pedestrian ways and adjacent building forms. The proposal to infill beneath the Wall Street Building arcade will narrow the width of the pedestrian way, but the overall experience does not change as the upper levels of the structure create the overall pedestrian experience for Wall Street. There is approximately 11 feet of width between the Wall Street Building arcade column line and the landscaping planters to the east at the narrowest point. The proposed commercial infill of the arcade will eliminate the ability for the outdoor display of goods within the arcade. With the infill of the arcade tenants may desire to continue to display their goods outside of their space narrowing the pedestrian experience of Wall Street. This practice would result in a significant impact on the width of the pedestrian way and experience of Wall Street. The infill of the arcade and the continued outdoor display could result in a reduction of the pedestrian width of Wall Street to approximately 8 feet at the narrowest point (distance between property line and landscape planters to the east). Staff recommends that in conjunction with any approval for the infill of the commercial arcade that the property provide a pedestrian easement from the face of the facade to the property line. If approved, the easement would contain language regarding the need to keep the easement free of any obstructions such as outdoor display. Town of Vail Page 15 E. Street Edge The Vail Village Design Considerations identify the need for a "strong but irregular edge to the street' in the Village Core. There are no standard setback requirements in Vail Village in order to achieve an "intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give a strong definition to the pedestrian street." The Street Edge design consideration further describes that it should not be implied that a continuous building frontage along a property line is appropriate. It states the following: "A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscape areas, .give life to the street and visual interest for pedestrian travel." Staff believes that the proposed infill of the at -grade portion of the two-story arcade at the northeast corner of the structure is contrary to the goal of this consideration. The arcade at the northeast corner serves as an inset to the structure at the pedestrian level which provides views into Wall Street, shelter, and an element of a unique architectural landmark. Staff believes that while the infill of commercial arcade further to the south will remove some of the variability of the street edge it may have the beneficial effect of making the storefronts more visible. F. Building Height The proposed major exterior alteration does not affect building height. G. View and Focal Points The Vail Village Design Considerations recognize the need for visual orientation and connectivity to the mountain and landmarks. The consideration identifies the importance of view corridors and view connections for pedestrians through out the Village. The Wall Street Building is not a part of any adopted view corridor as found in Chapter 12-22, View Corridors, Vail Town Code. With the exception noted in the above considerations regarding the infill of the two- story arcade, staff believes there is no negative impact to views from a pedestrian perspective created by the proposal. There may be slight impacts on the view to the stairs on Wall Street from Gore Creek Drive looking south. H. Service and Delivery Town of Vail Page 16 The proposed major exterior alteration does not affect service and delivery to the site. I. Sun/shade The proposed major exterior alteration does not affect the sun/shade aspects of the adjacent buildings and pedestrian ways. J. Architecture/Landscaping Considerations The Vail Village Design Considerations identify the importance of many elements of architecture in creating, establishing, and continuing Vail Village as a special place. Staff has taken the review by Jeff Winston with regard to this consideration and included it below. Staff agrees with Jeff Winston's findings and recommends they be considered by the Design Review Board. Two memorandums from Jeff Winston have been attached for reference (Attachment D). Staff finds that the application needs to be modified in order to be consistent with the applicable elements of the Vail Comprehensive Plan, including the Vail Village Master Plan, Urban Design Guide Plan, Design Considerations and the Vail Land Use Plan, as outlined above. Staff has proposed conditions to address the needed changes to be in compliance with this criterion. 3. The proposal does not otherwise negatively alter the character of the neighborhood. With the exception of the comments noted above, Staff does not find any other element that would negatively alter the character of the neighborhood. Therefore, Staff finds that the proposal is in compliance with this criterion. VIII. RECOMMENDATION SITE COVERAGE VARIANCE The Community Development Department recommends approval, with a condition, of this request for a variance from Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008) and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: Town of Vail Page 17 "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC 130008) and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission imposes the following condition: "I. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated major exterior alteration application." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VII of the Staff memorandums to the Planning and Environmental Commission dated May 13, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Commercial Core 1 District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Commercial Core 1 District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Commercial Core 1 District. " Town of Vail Page 18 EXTERIOR ALTERATION OR MODIFICATION The Community Development Department recommends approval, with conditions, of this request for an exterior alteration or modification pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130009) and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission agree with staff's recommendation regarding the enclosure of the at -grade portion of the northeast corner and the incorporation of a minimum of 65 square feet of landscaping on the east and north facades, staff recommends providing direction to the applicant and tabling this item to the April 22, 2013 public hearing. Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for an exterior alteration or modification pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130009)" Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission imposes the following conditions: "I. This exterior alteration or modification approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the 0.70 employee impact created by this commercial addition in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code. 3. The applicant shall provide the Town of Vail with a pedestrian easement paralleling the extent of the east fagade of the Wall Street Building which shall be from the building fagade to the property line prior to requesting a certificate of occupancy. The pedestrian easement shall provide for unobstructed pedestrian access." Should the Planning and Environmental Commission choose to approve the exterior alteration request, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 19 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated May 13, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 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 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. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's request for the variance and C. Proposed architectural plans D. Memorandums from Jeff Winston dated major exterior alteration March 4 and 26, 2013 Town of Vail Page 20 1- 1 1 1 "F • I �r 1i M • ' , VX ....t�r�•c:: ." . x PEC130008 REV2 SUMAN ARCHITECTS May 7, 2013 Wall Street Building Renovation Variance Application for Site Coverage Variance RE: Section 12-7B-15, Site Coverage, Vail Town Code A. Description of Variance Requested As a part of exterior upgrades being proposed to the existing Wall Street Building, the abandoned area south of the building is proposed to be enclosed as new commercial area. The enclosure would convert a critical yet unutilized section of the Vail Village retail fabric from a dead space into a contributing commercial space. In order to transform the area in focus, a site coverage variance is required. The variance will allow for 202 sq. ft. of additional retail to be created. This enclosure is an important part of significant improvements to a historic structure in the heart of Vail Village. Below is a detailed breakdown of the existing conditions: Zoning Statistics Lot size: 7,301 sq. ft. (0.1676 acres) Zoning: High Density Multiple Family Development Standard Allowed/Required Existing Proposed Setbacks: West 0 ft. 4 ft. No Change South 0 ft. 6.4 ft. 0 ft. East 0 ft. 0 ft. No Change North 0 ft. 0 ft. No Change Site Coverage: 5,841 sq. ft. 5,864 sq. ft. 6,092 sq. ft. (increase of 228 sq. ff.) Commercial: Basement Retail 875 sq. ft. No Change First Floor Retail 3,802 sq. ft. 4,642 sq. ft. (increase of 840 sq. ff.) Second Floor Office 3,495 sq. ft. 3,829 sq. ft. (increase of 334 sq. ff.) Landscape Area: 63 sq. ft. 132 sq. ft. (increase of 69 sq. ft.) Total Proposed Additional Site Coverage 228 sq. ft. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 RECEIVED By David Rhoades at 10:40 am, May 08, 2013 SUMAN ARCHITECTS B. Analysis of Proposal The Wall Street Building was built in the 1960's prior to zoning and is currently non -conforming to the site coverage restriction of 80% of lot size. In addition, buildings were developed around the Wall Street Building creating the unique alley condition along the south property line. Improvements to the surrounding buildings and streetscape have occurred over the years, yet the Wall Street building property has received none. Goals of the proposed renovation are two -fold: one, improve and expand the retail experience along Wall Street and two, improve the material quality, aesthetics, and hierarchy of the architecture. Currently, the "alley" space is an eye sore with run down gate/fences on both ends. It is dark, unused and has become a debris collector. The basement stair that resides in the space has not functioned for years. The Vail Village Urban Design Guide plan encourages spaces in the village core to provide interest and vibrancy for the pedestrian experience. Some key excerpts from the Guide Plan that resonate with this application are: ■ 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. Facade improvements. Eyesores removed, increased facade transparency, entries simplified and oriented to intersection. This forgotten area of property clearly does not support the intent of the Guide Plan. There is no other space like it in the Village core and therefore, is an exceptional circumstance in its zone district category. Storefront infill at this alley enclosure, as well as along the existing colonnade, will unify the east fagade of the Wall Street Building and provide increased transparency for high quality retail space along Wall Street. Additionally, a new stucco finish is proposed to replace the existing brick columns. A new framework around the new storefront openings adds visual strength to the building base. At the northeast corner of the building, step backs in the current east and north facades provide an opportunity for special treatment of the distinct corner form. A new second floor office space with new horizontal wood siding and a unique balcony guardrail further reinforce to importance of the area. The arcade at the northeast corner is partially enclosed to provide better retail fronts to the north and east while still maintaining pedestrian circulation to occur through it. This gives the highly visible corner more prominence and reinforces the buildings main entry area. The proposed new materials and details are not only upgrades to the building quality, but also improvements toward achieving the intent of the Urban Design Guide Plan. See Appendix A for current photos of the Wall Street Building and proposed new stone veneer. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS C. Approval Criteria 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. By enclosing the proposed area, the variance will allow the retail frontage to flow along Wall Street. The current gate with lock and sign create an eye sore and impediment to the unification of the retail facade. Granting the variance will reinforce the CC zoning intent by ensuring "the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village" and is therefore not inconsistent with the limitations on other properties classified in CC 1. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Relief from the strict and literal enforcement is necessary to allow this particular area of the property to achieve compatibility with the character of the surrounding context. The space should have been retail from the beginning and as retail, will better follow the intent of the Urban Design Guide Plan. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will afford a better environment as enclosed space rather than the dark forgotten space that currently exists. The terrace created on top of the enclosure will provide a much more comfortable experience with better light and air versus the confined second level decks that exist today. There is no impact on facilities, utilities, or public safety due to the current locked gate along the east end and the fence along the west end preventing access. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T 5 APPENDIX A PHOTO 1 - Northeast building corner and main entrance of Wall Street Building michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C N I T E C T 5 PHOTO 2 - East colonnade of Wall Street Building along Wall Street michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS PHOTO 3 - Northeast 2 -story exterior area proposed to be enclosed michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T S PHOTO 4 - East Side of Wall Street Building michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS PHOTO 5 - Southeast building corner of Wall Street Building and Wall Street michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C N I T E C T 5 PHOTO 6 - Southeast corner of Wall Street Building and alley east end with gate michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARC141TECTS PHOTO 7 - East gate of proposed enclosure area 3 Fr michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 Vail, CO 81657 =m T E LoiwGLi TS o 970.479.7502 m 970.471.6122 SUMAN ARCHITECTS PHOTO 8 - North side of Wall Street Building michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C N I T E C T S PHOTO 9 - West side of Wall Street Building michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C N I T E C T 5 PHOTO 10 - West fence of proposed enclosure area michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 Vail, CO 81657 o 970.479.7502 m 970.471.6122 SUMAN ARCHITECTS April 2, 2013 Wall Street Building Renovation Major Exterior Alteration Application for PEC RE: Exterior Improvements to the Lazier Arcade Condominium Building - a.k.a. The Wall Street Building The new owner of retail and second floor office space is proposing to make significant upgrades and improvements to the existing Wall Street Building in Vail Village. Strategic expansion areas on the retail and office levels; new storefront infill for improved transparency; new accent siding areas; a corner anchor/entry element; and miscellaneous finish upgrades make up the bulk of the application. As it stands today, the Wall Street Building looks tired and lacks the presence of quality expected of such an important location in Vail Village. The current retail experience is cluttered, forcing pedestrians to navigate confusing architecture for entry to the structure. Goals of the proposed renovation are two -fold: one, improved clarity and transparency for the retail experience along Wall Street and two, improved quality, aesthetics, and hierarchy for the architecture. Acknowledging the established character of its surroundings, the proposed improvements pursue balance between prescribed precedence and additional flavor afforded by creative response to a specific structure's needs. Granting of this exterior alteration proposal will provide the Wall Street Building with the high quality upgrade encouraged by the Vail Village Master Plan. URBAN DESIGN CONSIDERATIONS A. Pedestrianianization The pedestrianization of Wall Street is reinforced by eliminating the cluttered colonnade space. The infill brings the retail closer to the existing Wall Street pedestrian stream for improved connection. With better transparency and building organization, the pedestrians along Wall Street will have better access to the retail experience. B. Vehicle Penetration The proposal has no effect on vehicle penetration surrounding the Wall Street Building C. Streetscape Framework The proposal clearly follows the suggested type of improvements in this section. "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 location along pedestrian routes." The stepped infill of retail storefronts strengthen the void of the new building entrance providing a variety of spaces along the base of the building. D. Street Enclosure The bulk and mass above already exists, yet the retail base is setback, closed, cluttered, and dark. By pulling the retail forward as a transparent infill with proper interior lighting, the base of the pedestrian level of the building becomes understandable, inviting and bright. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS Street Edge Given the dynamic design of Wall Street and the stepping footprint of the existing Wall Street Building, their shared irregular edge is strengthened with the proposed retail infill. Building Height The proposal has no effect on the current building height of the Wall Street Building G. Views and Focal Points The view corridor of the ski mountain is reinforced by the strengthened edge of the building edge. H. Service and Delivery Currently the existing alley along the south edge of the property is used for box storage and collects debris. It is inaccessible for vehicle or service use and is therefore useless. It is far more valuable to the Vail Village as retail space which is what is proposed. Sun/Shade The existing building massing and height will remain and therefore the proposal has no effect on the surrounding properties. However, eliminating the dark spaces along the retail level by pulling the entry and retail forward is a net positive. ARCHITECTURE/LANDSCAPE CONSIDERATIONS Roofs As it stands, the Wall Street Building roof embodies the recommendations of this section and the proposal has no effect on the current roof design. 2. Facades Materials on the existing building are generally stucco with some brick columns and one wood siding accent area. Upgrading and enhancing this palette is proposed by replacing the failing brick with a new smooth stucco finish and giving it more depth for visual strength. An additional area of siding is also proposed at the NE corner element to reinforce it's importance. Stucco will still remain the dominant finish of the building per the recommendations of this section. The new stucco treatment is introduced as an organizing frame around the new storefront openings which are held to the back of the columns for depth. A new canopy has been introduced to provide shade, depth and detail to the new east fapade. The highly visible northeast corner of the building and entry are very confusing and unresolved. Adding new materials, details, openings and guardrail design creates a strong corner anchor for the street intersection with completed retail fronts to the north and east. In addition, the strategic glass infill areas on the first and second levels reinforce the anchor element and provide needed importance for the building entry location while maintaining pedestrian circulation through it. Color for the new materials all relate to the natural environment yet hope to liven up the palette. The new color proposed for the existing textured stucco finish in a vibrant yellow. The new proposed smooth stucco color is a grey/beige, the wood siding is a richer brown, and the trim accent color will be a darker version of the siding. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS Transparency is a critical part of this application. Replacing the lower level walls and colonnade with storefront provides the desired openness and attraction this section encourages. Offices on the second level currently have small repetitive windows which are contrary to their function and what is typical in the village core. A series of larger window openings will replace the existing smaller openings for better daylight to the interior. The window units in each group are then periodically divided with wood trim similar to existing second story window sections in the village. See photo group 1 for precedence in Vail. The new predominantly glass NE building corner element is achieved by extending the large retail sections of glass to the second level commercial. As stated in this section of the guide plan, "transparent store fronts are `people attractors" and inviting. Thus, the transparent treatment of both commercial levels at the NE building corner around the building entrance are very appropriate. Photo 2 in appendix A shows two story areas of glass on the Gorsuch Building similar to what is proposed. 3. Windows The existing column rhythm provides a natural grouping for the new lower level storefront areas. Each individual retailer will be encouraged to individualize their infill while working with the DRB on color and divide layout. The second level commercial "horizontal repetition of single window elements" is contrary to this section and their commercial function. The new larger second level window groups attempts to better transition the building window areas from the open retail level to the privatized residential openings on the third floor. 4. Doors The proposed doors are part of the storefronts and will have transparency. The final design of each will be developed with the DRB. 5. Trim Wood trim is proposed around most openings and groups. The east facing storefront infill areas, however use the stone columns to frame the openings. Specific details are intended to be resolved with the DRB. Decks and Patios The proposal expands the existing second level deck off the south side offices. The shared deck is a result of the proposed alley expansion and affords a better environment with the additional area. 7. Balconies Currently, the Wall Street Building balconies embody the recommendations of this section and the proposal has no effect on them. They will be freshened up with a new brown stain color to match the siding color, however. The NE residential on the third level is proposed to have a new open metal guardrail to reinforce the uniqueness of the NE corner element by adding detail. 8. Accent Elements Signage and other accent elements will be addressed with the individual tenant improvement efforts and resolved with the DRB. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS 9. Landscape Elements A net increase of 69 sq. ft. of softscape is associated with the proposed improvements. Specific details and design is intended to be resolved with the DRB. The only existing planter along the east fagade is proposed to be reconfigured while maintaining the same amount of softscape. 10. Service The building dumpster is currently screened by fencing and the proposal has no effect on this section. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN ARCHITECTS APPENDIX A PHOTO GROUP 1 - Second level commercial horizontal window sections michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 � �7!7�6 P �Mft� I d epi '•.`g_ -R �. _f.'.: �� SUMAN ARCHITECTS PHOTO 2 - Two story areas of transparency for commercial. 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M 0) C) U O IL 3 C� �w LU .� IL > m o n �> a o w : z �0 Z X (� w LUN U a w v N N b 0 OD 0 U C) N N to ani 0 C, a) a) 0) C) U O IL3 0 � o � �v w Lu 00 >° Q � w o 0 L 3 t� o O hFT —z O �N CL :o v a v OD 0 U C) a) 0) 0 U O IL 3 �v > LU mC) LU � o � c O N Z z -610 V) �LU w xw 0 a L 0 a) 0) 0 U O IL 3 0 Co �v —w •� CL m C) > �0 � o N 3 � o N z �N 0 a L a) 0) 0 U O IL 3 0 Co �v —w •� m C) > �0 � o � o N z �N 0 a L a) 0) 0 U O IL 3 0 Co �v —w •� m C) > �0 � o N3 � o N z �N 0 a L a) 0) 0 U O IL 3 0 o w �w •�CLw Lu � o ~ � O N 0 z .z z 0 x o w a L O 0) C) U O IL 3 0 Co c) LU —w •� CL m C) > �0 � o � o N z �N 0 a L /'V"� Mtk Design Review Memorandum Project: Wall Street Building, Vail Village, Vail CO Date: March 4, 2013 Materials reviewed: Wall Street Building drawing set by Suman Architects PEC 130008 PEC 13009 Wall Street Building Variance Request PEC 120008 PEC 130009 Building and Model Images (3D perspectives) by Suman Architects Relevant Standards and Guidelines: Vail Village Master Plan Vail Village Urban Design Guide Plan Vail Village Master Plan Goal 1: Encourage high quality redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. This goal suggests careful attention to the unique scale and character of Wall Street and always striving for high quality development. Policy 1.1.1: Development and improvement projects approved the Village shall be consistent with the goals, objectives, policies and design considerations as outline in the Vail Village Master Plan and Urban Design Guide Plan. This policy supports this review. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network through the Village. This policy generally supports the proposed project. Objective 4.1: ... Recognize the different roles of each type of open space in forming the overall fabric of the Village. The arcade is one of the unique types of pedestrian experiences in the Village. If it is to be eliminated, it should be with development that contributes to the pedestrian experience. Vail Village Urban Design Guide Plan Urban Design Considerations 1. Pedestrian izat ion Filling in the ground floor module of the arcade on Gore Creek Drive cuts off views and a passageway for some, that entices people into Wall Street. Otherwise, not significantly affected. 2. Vehicle Penetration PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY Name Date Page 2 No significant impact. 3. Streetscape Framework The "22' reconfigured landscape" adjacent to the stairs is a significant loss of the informal character of the planting beds on Wall Street and should not be accepted. 4. Street Enclosure Does tend to narrow down the width of the pedestrian walkway, but the overall enclosure (upper part of the building) is not affected. 5. Street Edge Enclosing the two-story arcade on the corner of GCD removes a significant inset and landmark condition in the Village. We recommend not fully enclosing the Gore Creek Drive corner, but rather leaving at least a portion of the two-story space as a covered entry way and even pass-through. An alternative would be to at least not fill in the entire ground floor of this corner. Further south, the proposed fapade removes some of the variability of the street edge, but may have a beneficial effect of making those store fronts more visible. 6. Building Height No impact. 7. Views Slight impact on views of the stairwell at the south end of Wall Street. 8. Sun/shade No impact. Architectural Considerations Facades Materials Removing or covering the stucco on the central portion of the East View removes a significant presence of stucco in Wall Street—with no apparent benefit. We understand the challenge in trying to match the existing one -of -a -kind texture, if there were significant changes in the wall plane. However, in our opinion it is not essential to match it. In fact, the guidelines suggest flat stucco (see Color section) to avoid too many fanciful textures. In some places in the Village different textures, and colors, of stucco are juxtaposed next to each other. As long as the change occurs at a vertical change in plane (inside corner) it will give the impression of separate buildings, or an addition at a different time. The veneer stone material conveyed in the Schematic Design images suggests a very rectilinear, block -like character, rather than the more natural looking stone (rougher surface, not straight unbroken horizontal joints, greater variability in stone sizes) found elsewhere in the Village. Macintosh HD:Users.itwinston:Documents.ACTIVE PROJECTS.Vail Design Review. -The Wall Street Building:Wall Street DesRevMeml.docx Name Date Page 3 Lastly with regard to materials, one of the objectives for the Village is to maintain the adapted image of a "quaint European alpine village." One of the ways that is accomplished is to use materials in a traditional way. For example, stone would typically be used as a foundation, or a short wall below a wall of lighter material (stucco, wood). Often, larger stones would be used as a base, with smaller stones as the wall or column rises. Stone columns would often also have a wider base. Stone masonry would not be used over an opening except as an arch or over a very strong, short lintel. The way the stone veneer is proposed to be used in this project is not consistent with any of these general conventions. The tall, slender stone columns, the stone above long lintels over the windows (and no lintel over the corner infill) will clearly give a "false stone" appearance. Colors The intent of the color guideline is to "provide greater latitude in the use of color in Vail Village in or der to create visual interest and enliven the area." Shifting from a warm brown siding to a more gray siding has the opposite effect. Similarly, the somber color of the stone also takes away some of the vitality of the building. Transparency A high % of ground level transparency is maintained, in fact too high. The large, continuous, typical commercial glass storefront system is exactly what the guidelines intend to discourage. Windows The ground floor windows shown appear to be a metal -clad commercial storefront system. Missing elements suggested in the guidelines include: • Solid knee wall below the windows • A significant portion of building wall (wider than the column widths shown) that breaks the windows into discrete grouped segments • Separate doorways • Within an overall band of windows, wood members that divide the windows into vertically proportioned windows. • Mullions that further subdivide the windows into smaller panes The second floor windows appear to be a continuous box -window extension virtually the length of the east -facing fapade. This is inconsistent with several of the guidelines: • The upper floors should be predominantly solid (building wall), punctured by windows. • Avoid extensive horizontal repetition • Avoid long continuous glass areas Macintosh HD:Users.itwinston:Documents.ACTIVE PROJECTS.Vail Design Review. -The Wall Street Building:Wall Street DesRevMeml.docx Name Date Page 4 • Bay, bow, and box window extensions are consistent with the guidelines, but as individual elements rather than a long, continuous mass. Doors The doors shown in the Schematic Design also appear to be the doors specifically discouraged in the Guidelines—metal clad with large single pane windows. Many other door options are suggested in the guidelines. Also, not reflected is any sense of a covered entry for doorways—a strong lintel, recess, or even a canopy. The canopy over the doorway for Wild Bill's is missing an opportunity to call more attention to itself. Trim There is a broad lintel above the window systems on the ground floor, but no indication of wide wood trim that is characteristic of the Village and strongly encouraged in the guidelines. Signage The applicant is missing an opportunity to do creative signage, such as wall graphics on stucco, signs that extend perpendicular to the building. Discussion: This building was one of the early buildings in Vail, built before the Design Guidelines were created. Therefore there are aspects of the existing building are not consistent with the Guidelines (e.g. box balconies, windows without wide trim, etc.). Obviously, if some portions of the building are not modified, they will still be inconsistent with the Guidelines. That being said however, there are significant aspects of the proposed improvements that are not consistent with the guidelines, especially the Architectural Guidelines. While we generally support the concept of filling in a significant portion of the arcade, accepting this proposal in its current form would have a significant negative impact on the character of one of the charming passageways in Vail Village. Macintosh HD:Users.itwinston:Documents.ACTIVE PROJECTS.Vail Design Review. -The Wall Street Building:Wall Street DesRevMeml.docx Design Review Memorandum Project: Wall Street Building, Vail Village, Vail CO Date: March 26, 2013 This memorandum builds on the March 4 memorandum, and is pursuant to a site visit with the applicant. The proposed building infill is generally consistent with the guidelines, with several reservations and suggestions: 2. 3. Given the gradually descending grade of Wall Street to the north, filling in the second floor of the corner module, as proposed, will still leave a generous ground floor height. The second floor area can obviously be put to better use than it is currently. Filling in the ground floor entirely out to the NE corner column cuts off a minor "cut - through", but the more significant concern is that it closes off views of Wall Street that attract pedestrians in, and allow the space to flow naturally. More consistent with the guidelines would be to expand the ground floor out to a diagonal fagade that extends from the existing corner column of the Emporium shop, to the second column south on Wall Street. In addition to allowing the pedestrian space to flow around the building, the diagonal fagade would be visible to a greater area. Filling in the rest of the arcade along Wall Street will remove an interesting and somewhat unique feature in Vail (not very many arcades), but will make the windows more visible and the stores somewhat more accessible. The negative aspect of this infill is that it removes an area that is now heavily used for outdoor displays. If the displays are then moved into Wall Street, there will be a significant narrowing of the corridor. Since the Wall Street Building property apparently extends about 3' beyond the column line, this would be legally possible. As a condition PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY Wall Street Building Design Review Memorandum 2 March 28, 2013 Page 2 0 of expansion, the Town may wish to consider being granted an easement over the additional property so that it's use can be regulated appropriately. The ground floor windows that fill in the arcade appear to be a metal -clad commercial storefront system. A stroll around Vail Village reveals that there are a number of installations that differ from the guidelines, and in fact have metal frames, and large windows. The difference however, is two key features of these Vail Village applications: a. most of these installations are embedded in a wall rather than continuous windows separated by narrow columns (that is, there is a more significant amount of wall separating the windows than in the Wall St. Bldg proposal). b. the frames make either square or verticle rectangle patterns (not the horizontal rectangles in the proposal). To be consistent with the guidelines the vertical columns should be made wider, and the horizontal stucco beam should be made thicker (vertical dimension) to give more of a sense of a solid, load-bearing building wall, into which windows have been inserted. Wall Street Building Design Review Memorandum 2 March 28, 2013 Page 3 5. With regard to the second floor of the corner, the narrow stucco beam and columns also give a modern, non -Vail Village, character. The use of storefront windows on the second floor are not consistent with the guidelines, and are not even actually practical. (In contemporary glass -wall buildings, office uses usually dictate putting desks or filing cabinets next to the windows, which gives an unsightly appearance—or opaque glass is used—neither of which is desired here.) An approach more consistent with the guidelines would be: smaller windows inserted into a solid wall (e.g. wider horizontal stucco beam, wider columns, solid wall between banks of windows, taller wall beneath the windows. (The windows could even be bay windows for interest.) 6. The proposed fagade for the Jewels of the West, with the horizontal rectangle windows, isn't consistent with any of the guidelines, or the discussion above, and has modern, almost Japanese quality. To be consistent with the guidelines suggests: window panes that are square or vertically proportioned rectangles, at least a small amount of solid building wall separating windows, and/or at least wide columns framing the door, and a pitched or awning overhand. K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 13, 2013 SUBJECT: A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the interior conversion of an existing vaulted area and changes to the roof in the front setbacks, located at 133 Willow Place (Riva Ridge North) Unit 630/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130015) Applicant: Riva Ridge 26, LLC, represented by Michael Suman Architects Planner: Warren Campbell I. SUMMARY The applicant, Riva Ridge 26, LLC, represented by Suman Architects, is requesting a variance from the setback standards of the High Density Multiple -Family District to allow for the construction of gross residential floor area (GRFA) and roof dormer within the required 20 foot front setbacks. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B) and proposed plans (Attachment C) have been attached for review. II. DESCRIPTION OF REQUEST The applicant is requesting a setback variance to allow for a GRFA addition of 176 square feet through the interior conversion of an existing vaulted space within the Unit 630, Riva Ridge North. One hundred and fifty-five (155) square feet of the proposed addition are proposed to be located within the front setback. A dormer element will be utilized to achieve head height within the new addition. The proposed addition would be built over the existing footprint of the structure, resulting in no new site coverage. A new roof is being proposed which will encroach 3.5 feet and 19.5 feet in to the front setbacks. The new roof will replace existing roof structure that currently encroaches into the setbacks the same distance as the proposal. Landscape area will not be affected. No new parking is required or proposed. Pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code, the applicant will be required to mitigate the 176 square feet of net new GRFA with either a fee -in -lieu payment of $2,369.84 or by deed restricting a unit. Riva Ridge North has two front setbacks, with the east side serving as a pedestrian entrance and the south side serving as the vehicular entrance. The west and north sides are considered side setbacks. Because setbacks are 20 feet on all sides, this unique situation does not affect the buildable portion of the site. III. BACKGROUND The Riva Ridge North were built in 1969 within the Town of Vail prior to the adoption of zoning regulations. Upon being zoned High Density Multiple Family in 1978, the structure and site became non -conforming. In 2002, a variance was granted to Riva Ridge North for construction of a new entry feature in the front (east) setback. The entry feature is located at the corner of Gore Creek Drive and Willow Bridge Road next to Checkpoint Charlie and is partially located in the right-of-way. The variance was granted due to existing conditions of the building, which encroaches into all four setbacks. In 2004, a variance was granted for Unit 635 to utilize the interior conversion to construct a GRFA addition with a dormer in the side setback. On February 25, 2013, the Planning and Environmental Commission unanimously approved, with conditions, a variance for a GRFA addition on an existing deck within the side (west) setback and a new roof form within the front setback. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal (click on the underlined links for regulations): Title 12, Zoning Regulations, Vail Town Code: Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY Section 12-1-2: Purpose ARTICLE 12-6H: HIGH DENSITY RESIDENTIAL DISTRICT 12-6H-1 Purpose.- Town urpose: Town of Vail Page 2 V. 12-6H-6. Setbacks: Chapter 12-17: VARIANCES 12-17-1: Purpose.- 12-17-6.- urpose.12-17-6. CRITERIA AND FINDINGS. Chapter 12-24, Inclusionary Zoning Vail Land Use Plan CHAPTER II — LAND USE PLAN GOALS / POLICIES SITE ANALYSIS Address: Legal Description: Lot Area: Zoning: Land Use Designation: Geological Hazards: Development Standard Lot Area: Setbacks: Front (East) Front (South) Side (North) Side (West) GRFA Dwelling units: 133 Willow Place, Unit 630 Lot 6, Block 6, Vail Village 1St Filing 11,930 sq. ft. (0.274 acres) High Density Multiple Family District High Density Residential None Allowed/Required Existing 10,000 sf 11,930 sf 9,066 sf 6 13,720 sf 10 Proposed no change no change no change no change no change 13,896*sf no change Site Coverage: 6,566 sf (55%) 7,156 sf (60%) no change Landscape Area: 3,579 sf (30%) 4,374 sf (37%) no change Parking: 14 spaces 12 spaces no change *The proposal is utilizing the Interior Conversion provision of the Vail Town Code. Town of Vail Page 3 VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential High Density Multiple -Family District South: Residential High Density Multiple -Family District East: Mixed Use Commercial Core 1 District West: Park Outdoor Recreation District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code, as follows, with Staff response: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance would allow for a residential addition on the second floor in the front setback facing the Lodge at Vail. The proposed roof changes do not directly affect any other structures or uses in the vicinity. There is no change in use or intensity of use based upon this requested variance. The requested dormer is proposed to match the dormer in Unit 635 (unit to the west) which received a variance in 2004. Further, similar residential additions requiring setback variances have been approved at other buildings in the vicinity, such as at 74 Willow Road (The Willows- prior to redevelopment), 114 Willow Road (Riva Ridge South) and 83 Willow Place (Riverhouse Condos). The proposed new roof is one foot off the property line, which is the same distance as the existing roof overhang. The proposed addition is compatible with the architectural character of the neighborhood and will not change the character of this building or its relationship to other structures. Staff believes the proposed variance will not change the relationship of Riva Ridge North with the surrounding structures and uses in the vicinity. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The proposed addition requiring a variance is considered an interior conversion as there is no allowable gross residential floor area remaining. Approval of an interior conversion is not guaranteed, especially when a variance approval is needed to facilitate that addition. However, the applicant is requesting 176 square feet of GRFA to achieve floor area in an existing vaulted space, which is the minimal amount necessary to facilitate the addition and match the form of the existing dormer on Unit 635. Other sites in the vicinity have been granted similar setback variances for residential additions (see criteria #1 for addresses) and granting this variance would provide uniformity and Town of Vail Page 4 compatibility of treatment among sites in vicinity. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes the requested variance will not have any negative effects on distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, as the 176 square foot addition will not increase the number of bedrooms in the dwelling unit, thus keeping overall occupancy the same. The requested variance will not affect the existing structure footprint, and thus will not affect any facilities on the ground such as transportation and traffic facilities, utilities and public safety. Staff does believe that the proposed roof changes will have an effect on light and air, as the perceived bulk and mass of the building will change with the addition of a roof form creating a gable end within the front setback. The proposed roof changes increase building height at the eave of the south elevation from 28 feet to 36 feet, just below the existing main roof ridge of the building. The proposed dormer and roof changes are compatible with the architecture of the building and the surrounding neighborhood. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions, of this request for a variance. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the interior conversion of an existing vaulted area and changes to the roof in the front setbacks, located at 133 Willow Place (Riva Ridge North) Unit 630/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following condition(s): "1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Town of Vail Page 5 2. The applicant shall mitigate the construction of 176 square feet of GRFA, pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code, prior to the issuance of a building permit. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated May 13, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the High Density Multiple -Family District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple -Family District. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's written request dated April 15, 2013 C. Proposed Plans Town of Vail Page 6 • I I,. 44077/M Zx owl- AJ*� kk, !W V Ar I 1A LU it J* AA 5UMAN A R C H I T E C T S April 15, 2013 Riva Ridge Unit 630 Remodel Riva Ridge, Lot 6, Block 6 Vail Village l It Filing Variance Application for Interior Conversion in Setback RE: Section 12-6H-6, Setbacks, Vail Town Code 1. Description of Variance Requested The Riva Ridge Unit 630 owners have a young family needing more space and would like to pursue the interior conversion of an existing loft to a playroom. The variance being requested will allow approximately 155 sq. ft. of GRFA to be converted within the East setback. Below is a detailed breakdown of the existing conditions: Zoning Statistics Lot size: 11,930 sq. ft. (0.274 acres) Zoning: High Density Multiple Family Development Standard Allowed/Required Existing Proposed Setbacks: West 20 ft. 4 ft. No Change South 20 ft. 6 ft. No Change East 20 ft. 0 ft. No Change North 20 ft. 9 ft. No Change Site Coverage: 6,566 sq. ft. 7,156 sq. ft. No Change GRFA: 7,158 sq. ft. 13,720 sq. ft. 13,896 sq. ft. (increase of 176 sq. ft.) Landscape Area: 4,374 sq. ft. 4,374 sq. ft. No Change Total Proposed Additional GRFA in Setbacks 155 sq. ft. The property was built in 1968 prior to the adoption of zoning regulations within the Town of Vail. It subsequently was zoned High Density Multiple Family and immediately rendered existing Non - Conforming because the building was originally constructed in all required setbacks. This pre-existing nonconforming condition through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code as any perimeter expansion or modification will require approval of a variance from the required 20 foot setback. 2. Analysis of Proposal Given the existing site constraints, there are limited options for expansion on this building that do not require a variance. There is an exact precedent for the requested interior conversion which was approved and constructed in this building back in 2004 for Unit 635. The new proposed Unit 630 interior michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 5UMAN A R C H I T E C T S conversion dormer will follow the design, openings, details and materials of the existing Unit 635 dormer. In addition, Unit 630 proposes to raise its south roof line similar to a recently approved design for Unit 635. Thus, not only will the proposed Unit 630 improvements reflect the approved Unit 635 architecture, but it will also complete and balance the south end of the existing building. The adjacent property to the East is Gore Creek Drive. Also, an existing large stand of trees screen the south and southeast fagades of the building including the proposed area of expansion. Based on location and the existing tree stand to remain, the proposed expansion has no impact on development standards and neighboring properties. Photo 1 - Shows the existing south fagade of the building. Photo 2 - Shows the existing Unit 635 dormer. Photo 3 - Shows the existing loft to be enclosed. 3. Approval Criteria Based on practical difficulties, the requested variance will allow Units 630 to take advantage of an interior conversion similar to one already approved on the property. Therefore, the proposed variance is not a grant of special privilege given the non -conforming condition of the existing building; precedence; and it's negligible impacts to adjacent properties. 4. Effect on light and air, distribution of population, transportation and traffic facilities, etc. While the proposed variance will allow for a new dormer, there is negligible effect on light and air. The variance will have no effect on anything else. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T S PHOTO 1 - South Facade of existing building and applicant's SE corner unit michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T S PHOTO 2 - Existing precedent dormer at Unit 635 michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T S PHOTO 3 - Existina Unit 630 loft to be converted into GRFA michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 w•= rv=m^• m• vm^Iv + n v nzz 33tlld MOIIIM CU • ON111d 151 30tlll1A llVA'9 MOOl9'9 J.01O vAlu Nvwnso oainloloo'lrcn oNlanna wmxlwoaxoo xaaoN 3omu nnla } z N O a � - °Gy - N pp g a ° _d...__., XgoR�„ ny��XR^ baA69 z ¢41 Co.2 gz a moo a 0. �$ Y O Q a z z z a Q oaIz O Qa --o zoo—°zoo_ LU O W a o O w> O~~> K V r JWz O J z Q> W J Q W W J U W � =C M1• K J O LL z z W R' z z a J W 2 W W W 2 J 0 W J p z a Q O z Q J W 1 1 n y z J O O N w W= F w F= H J O 1 ., A to a�o�ac��ogoNo����w�0 )O0 U r y'UJ0 N OJa W W O V17Oy Q4'O U OJ W W Q2'w W K�jOw UI�O' W OU)Q W Oz Ow h2 Lu 2zU' Ia-U)'200LLZ0000 �U)O W Oz O F LLz I .A U m g W vwi vwi rwn O O LL"O ai O ai w o z r I M a• z z z z LL m z a O O O O O O J z ! 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LU LL LLI a. z 0: 0 W 0 LL Lu -1 L) LU z LU F 0! w L) LULU Z„_ LU W a 7 09 E*m C�O—El ---------- ------------------- ------------ ­------------------ ------------ -------------------- --- 71 �F L, LL ----- ------------------------------- L---------- ------------ ------------ L--------------------- I K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 22, 2013 SUBJECT: A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Triumph Custom Homes Planner: Warren Campbell I. SUMMARY The applicant, Michael Noell, represented by Triumph Custom Homes, is requesting the review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat, Vail Town Code, to amend the platted building envelope on Lot 6 of the Spraddle Creek Estates subdivision, located at 1067 Riva Glen Road. The proposal to amend the platted building envelope would reconfigure the shape while maintaining the area of the envelope. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of the amended final plat. II. DESCRIPTION OF REQUEST The applicant, Michael Noell, represented by Triumph Custom Homes is requesting an exemption plat to amend the previously platted building envelope on Lot 6, Spraddle Creek Estates Subdivision. The existing envelope would be reconfigured to accommodate a proposed structure for the site. The reconfiguration of the building envelope maintains the existing building envelope area of 22,396 sq ft. Specifically, the proposal would expand the envelope to the north and contract the southern portion resulting in a change in access from Riva Glen Road to Spraddle Creek Road. Design Regulations were adopted as part of the development approval of Spraddle Creek Estates. The regulations were adopted by the Town, but are enforced by the Spraddle Creek Architectural Control Committee. Staff has listed the relevant sections of the document in Section V of this memo. Regardless of building envelope, the proposed residence will need to comply with all applicable zoning and plat restrictions including but not limited to maximum GRFA, height and site coverage. A vicinity map (Attachment A), the applicant's written request (Attachments B), the proposed amended final plat (Attachment C) are attached for review. III. BACKGROUND On January 15, 1985, the property comprising Spraddle Creek Estates, approximately 39.55 acres, was annexed into the Town of Vail. On November 18, 1986, the Town of Vail adopted the Land Use Plan which identified Spraddle Creek Estates as being within the Hillside Residential land use designation. The plan identified Spraddle Creek Estates as the single property within this land use designation within Town boundaries. On October 26, 1987, through the adoption of Ordinance 38, Series of 1987, the Town of Vail created and imposed the Hillside Residential District on Spraddle Creek Estates. Town Staff developed the Hillside Residential District in response to the adoption of the Land Use Plan. On April 17, 1991, the Design Review Board granted final approval to the development of Spraddle Creek Estates. This approval was for roadway design, retaining walls design, landscaping of entry and common parcels, and adoption of the Spraddle Creek Estates Residential Design Regulations Including Architectural, Site Development and Landscape Guidelines for the subdivision. On February 24, 1992, the Planning and Environmental Commission approved several variances for retaining wall height and roadway grades in excess of those permitted. In April, 1993, Town Council approved Spraddle Creek Estates Subdivision. On July 12, 1993, a minor subdivision was approved by the Planning and Environmental Commission to adjust the shared lot line between Lots 14 and 15 to increase the size of Lot 15 to allow for a primary unit and a care taker unit on the lot. Through this approval, the area, GRFA and site coverage of both lots were also amended. On September 7, 1993, the Town of Vail adopted Ordinance 11, Series 1993, which rezoned Tract C of Spraddle Creek Estates from Greenbelt and Natural Open Space District to Single Family District in order to permanently restrict the lot as an employee housing unit (gate keeper house). On April 5, 1995, the Design Review Board approved a change to the Residential Design regulations for Spraddle Creek Estates to allow for glass expanses in excess of 36 feet. Town of Vail Page 2 On June 22, 1998, the Planning and Environmental Commission approved an amendment to the Spraddle Creek Estates plat to allow for interior conversions to residences which complied with the regulations. On June 11, 2007 the Planning and Environmental Commission recommended approval of a request for final plat amendment to allow for modifications to plated GRFA and site coverage limitations on most lots in Spraddle Creek Estates Subdivision. The request and recommendation was forwarded to Town Council and Council tabled the request indefinitely. This application was ultimately withdrawn by the applicant. Since the recording of the initial plat for Spraddle Creek Estates Lots 3, 4, 9, 12, 14, and 15, and Tract C have amended the platted building envelopes to accommodate the design of the structure to be built on the lots. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS 12-21-14 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: The followinq additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential or two-family primary/secondary residential district where the average slope of the site beneath the existinq or proposed structure and parking area is in excess of thirty percent (30%): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered professional engineer. C. A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet (2'), shall be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-68-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows: Town of Vail Page 3 1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. F. A site grading and drainage plan shall be required. G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5) shall be required. H. A detailed revegetation plan must be submitted. The administrator may require an environmental impact report as provided in section 12-12-2 of this title. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by sections 12-6A- 6, 12-6B-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section. TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (in part) 13-2-2 DEFINITIONS EXEMPTION PLAT: The platting of a portion of land or property that does not fall within the definition of a "subdivision", as contained in this section. 13-12-1: EXEMPTION PLAT REVIEW PROCEDURES PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and Town of Vail Page 4 intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. SPRADDLE CREEK ESTATES RESIDENTIAL DESIGN REGULATIONS (In part) I. INTRODUCTION Spraddle Creek Estates represents a unique residential development opportunity in one of North America's premier mountain resorts. Located in one of the last prime development sites in Vail, Soraddle Creek offers all of the qualities of a world-class neighborhood: a beautiful natural mountainside setting, outstanding views of Vail mountain and predominant southern exposure, privacy and security within the enclave of residences, and convenient location within the Town of Vail. In order to maintain and strengthen these intrinsic qualities of the Spraddle Creek setting and to promote value, quality and harmony with all new development at Spraddle Creek, the developers of Spraddle Creek have established these Residential Design Regulations. The purpose of these criteria is not to limit of inhibit the creative design process of individual owners and their consultants, but to establish the bounds within which design will be acceptable to the community at large. The Residential Design Regulations are established to ensure that certain criteria and design disciplines will be in effect which will cause the development of the community to grow in as integrated and compatible a manner as is possible. These criteria have been developed to act as reasonable guidelines, and are not intended to be the absolute limits to design concepts of the custom solution for each and every residence. Town of Vail Page 5 These criteria and standards shall form the basis for evaluation of plans and specifications submitted for review and approval to the Spraddle Creek Architectural Control Committee. IV. SITE DEVELOPMENT GUIDELINES 4.1 Introduction The preservation of the natural characteristics and setting of Soraddle Creek Estates is critical to the overall quality of oroiect intent. In order to preserve the inherent attributes of the Spraddle Creek site topography, vegetation, orientation to sun exposure and views of Vail Mountain and the upper Vail Valley, guidelines have been established that will minimize the ohvsical and visual impacts associated with development and provide continuity of site specific elements within the subdivision. 4.3 Building Envelope The building envelope is the portion of each lot within which all improvements must be built including buildings, accessory buildings, site walls, fences, screens, recreational improvements, etc. Landscaping may occur outside the building envelope. The building envelope has been established for each lot based on the natural topography and features of the lot, views, and relationship to adjacent building envelopes. The purpose of the envelope is to reduce uncertainty of neighbors as to which view corridors might be impacted by future construction, and to help insure that structures blend in with the surrounding landscape, rather than dominate it. Owners should refer to Spraddle Creek Estates final plat in order to clarify lot property boundaries, building envelope, allowable gross residential floor area (GRFA), etc. With the prior written approval of the Town of Vail Design Review Board, encroachments outside the building envelope may be permitted for driveways, drainage structures, utility installations, sidewalks, and garages that meet the requirements of the Town of Vail Municipal Code. 4.4 Building Siting All buildings and other site related development must be sensitively integrated into its natural setting. Most of the building sites have significant existing vegetation and varied topography. The natural features of each lot must be utilized in an environmentally sensitive manner, and must conform to stylistic characteristics of the architectural design theme. Buildings, structures and other improvements should blend with the natural setting, in order to minimize the impact of the development on the Town of Vail Page 6 site. Building forms and massing shall respond to the site characteristics of slope and topoaraphv. Buildings should step with the site, accomplishing level changes through composition of forms rather than extensive site grading. Exposed building profiles and harsh angular forms which contrast with the natural environment should be avoided. Location of buildings and other improvements must also consider impacts on adjacent and surrounding properties. No structure may be placed on its site in a manner that substantially impairs the view from and other lot. 4.6 Grading and Drainage Lots which have an average slope of the site beneath the proposed structure and parking area in excess of thirty percent (30%) are subject to the requirements of Vail Town Code [Sec. 12-21-14]. In order to meet Spraddle Creek's goals of preservation and enhancement of the natural amenities on the site, all on-site improvements should be sensitively planned to minimize the disruption to the existing topography. Excessive grading is discouraged. Where grading does occur, the following standards shall be incorporated for sensitive siting of improvements.- 1. mprovements: 1. The maximum slope for areas of cut and fill shall not exceed 2' horizontal to 1' vertical (2: 1). 2. Bedrock which is exposed in a cut slope may exceed the maximum 2:1 slope. The cut surface of the bedrock should be `sculptured' to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the `sculptured' rock for grasses and forbes. 3. Horizontal and vertical variations in the graded cut and fill slopes create a more natural ridge and valley configuration. Such undulations should relate to the adjacent natural slope variations. Long slopes should be varied to avoid the appearance of long flat surfaces. 4. Slope rounding creates a softer, more natural appearing slope configuration and promotes rapid re -vegetation at the fringe of disturbed areas. 5. Building pad, foundation excavation, and access drives shall be designed to minimize disruption of existing trees and ground cover. 6. All grading should occur within the building envelope unless the grading is necessary for a driveway and/or garage, or other improvements located outside the building envelope. A master drainage plan has been prepared for Spraddle Creek Estates and a copy of this document should be obtained by each lot owner or his architect at the Pre -Design Conference with the [Spraddle Creek Estates] ACC [Architectural Control Committee]. Town of Vail Page 7 UA VI 1V/IA SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: 1067 Riva Glen Road Lot 6, Spraddle Creek Estates Hillside Residential (HR) Hillside Residential Vacant Medium Severity Rockfall Moderate Hazard Debris Flow Standard Platted/Required Lot Area 82,050 sf (1.88 acre) GRFA 8,220 sf Site Coverage 7,370 sf Envelope 22,396 sf SURROUNDING LAND USES AND ZONING Proposed no change no change no change no change REVIEW CRITERIA The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and The Vail Land Use Plan designates Spraddle Creek Estates within the Hillside Residential land use category. The Hillside Residential category states the following: Town of Vail "This category would allow for single family dwelling uits at densities no more than two dwelling units per acre. Also permitted would be typical single family accessory uses such as private recreational amenities, attached caretaker units, or employee units and garages. Insitutional/public uses would also be permitted. Page 8 Land Use Zoning North: Residential Hillside Residential South: Residential Hillside Residential East: Residential Hillside Residential West: Residential Hillside Residential REVIEW CRITERIA The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and The Vail Land Use Plan designates Spraddle Creek Estates within the Hillside Residential land use category. The Hillside Residential category states the following: Town of Vail "This category would allow for single family dwelling uits at densities no more than two dwelling units per acre. Also permitted would be typical single family accessory uses such as private recreational amenities, attached caretaker units, or employee units and garages. Insitutional/public uses would also be permitted. Page 8 These areas would require sensitive development due to slopes, access, visibility, tree coverage and geologic hazards. Minimum buildable area of 20,000 square feet would be required per dwelling unit." When Spraddle Creek Estates was initially platted and zoned conformance with the Vail Land Use Plan, Town of Vail Zoning and Subdivision Codes was verified. Upon the Spraddle Creek Estates plat, gross residential floor area (GRFA) and site coverage were restricted below the maximums permitted within the Hillside Residential district. The proposed design for the structure will be required to conform with the Hillside Residential district and platted requirements. This proposal is to amend the platted envelope on Lot 6 to accommodate a design for the structure on the lot. The existing platted building envelope was located on the lot anticipating access off of Riva Glen Road which is located on the downhill side of the lot. The adopted documents for Spraddle Creek Estates did anticipate that access might come off of Spraddle Creek Road and identified it as a potential access point. The proposed structure is designed to obtain access off of Spraddle Creek Road. The proposed change in access and the design of the structure necessitate the need to reconfigure and pull the building envelope north on the site to be proximate to Spraddle Creek Road. The proposed relocated and reconfigured building envelope will maintain the existing area of the platted envelope. Staff believes the proposal to relocate and reconfigure the building envelope on Lot 6 is in compliance with this criterion. (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and The proposal to amend the building envelope on Lot 6 remains in compliance with the standards of Title 13, Subdivision Regulations, and Section 12-6A-1, Hillside Residential, Vail Town Code. When Spraddle Creek Estates was initially platted and the accompanying Hillside Residential Zone District adopted and applied to the subdivision Lot 6 was in full compliance. The current proposal is to change the configuration of the platted building envelope, while maintaining the current area of the building envelope. Staff believes the proposed amended final plat which proposes to amend the building envelope for Lot 6 is in compliance with this criterion. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed amended final plat does not increase the number of lots or configuration of the existing lots within the subdivision. Staff believes that the proposed changes to the building envelope for Lot 6 does not have a negative affect on the elements listed in this criterion. Staff believes the amended final plat complies with this criterion. Town of Vail Page 9 (4) The extent of the effects on the future development of the surrounding area; and Staff believes this proposal will have no negative effects on the future development of surrounding areas for reasons stated previously. Staff believes the amended final plat complies with this criterion. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development, and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. Town of Vail Page 10 VIII. RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with a condition, the request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exemption plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the Amended Final Plat, Spraddle Creek Estates, Lot 6, Town Of Vail, Eagle County, Colorado pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission applies the following condition: 1. The applicant shall record the plat entitled, Amended Final Plat, Spraddle Creek Estates, Lot 6, Town Of Vail, Eagle County, Colorado, prior to the submittal of a building permit application. Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission makes the following findings: "I) That the amended final plat is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code, and 2) That the amended final plat is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, and 3) That the amended final plat is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4) That the amended final plat promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " Town of Vail Page 11 IX. ATTACHMENTS A. Vicinity Map B. Applicant's written request dated March 21, 2013 C. Proposed amended final plat Town of Vail Page 12 3.21.2013 Spraddle Creek Estates, Hillside residential Lot 6 1067 Riva Glen Road Vail, Colorado 81657 Description of the proposed Lot 6 building envelope change Triumph Custom Homes www.triumphdev.com The owner of lot 6 at Spraddle Creek Estates is proposing to move and reconfigure the existing building envelope. The property is undeveloped and the size of the envelope is not being changed. The existing building envelope is an approximate rectangle shape with slight variations. It is approximately 255' in the east west direction and 110' in the north south directions. The existing envelope is located in the south west corner of the lot, tucked into the easement setbacks. Tight against the west easement set back AND tight against the south setback. The south west corner moves to the north and east to have more of a linear shape as this lot is very steep in nature. With this horizontal shape, the home follows more closely the natural contours. Existing building envelope size = 22,398 sq.ft. / proposed envelope size = 22,397 sq.ft. Reasons for Lot 6 building envelope change The proposed lot 6 building envelope change promotes harmony, reduces impact on neighbors to the east and allows for overall better design with less impact to the steep site. The balance of the lot between driveway access, building bench, ht. and retaining walls was a delicate balance on this site. This building envelope move allows for the best results in the above mentioned items. Spraddle Creek master plan demonstrates access to Lot 6 from below, off Riva Glen Road AND from above off Spraddle Creek Road. The owner has selected the above access from Spraddle Creek Road. This has been discussed and initially approved by Public Works. The new address is 1000 Spraddle Creek Road. This move and associated access is one of the driving forces to move the building envelope. I have attached the master plan showing the different options for access. Moving the envelope to the east and north on the site allows for the vehicular access to come in at a more natural slope following the existing grades / bench. As we raised the design, this allowed the driveway to reduce from 15% to the existing design of 10% through the center portions of drive. At both ends we graduate down to 8% then 6% then 4%. As we entry off Spraddle Creek Drive AND entering into the auto court this is down to 1% slope. This raise up and lowing the grade allows for a safer entrance and exit off the driveway. P. 970.479.9990 12 Vail Road, Suite 700, Vail, CO 81657 Moving the building envelope to the east, allows for increased separation between building envelope and the adjacent home to the west. This proposed envelope change supports the Spraddle Creek guidelines' intent to create privacy between homes. On page one the Spraddle Creek design guidelines state, "The Residential design guidelines are established to ensure that certain criteria and design disciplines will be in effect which will cause the development of the community to grow in as an integrated and compatible manner as possible... and to promote value, quality and harmony will all the development at Spraddle Creek." This move allows for a 50' further separation between the existing home and the new master suite on the proposed home. The more east west oriented building envelope also allows the house design to better respond to the natural land forms by orienting parallel with the topography. On page 4, the building sitting, "Building forms and massing shall respond to the site characteristics of slope and topography." Grading for the home is currently designed to be a balanced site, no export and no import. As we cut on the north side, this will become the fill for the building bench on the south side. The north exterior walls will work as retaining walls for a portion of the cut. The remaining cut / grade will be achieved through boulder retaining walls. With the proposed new envelope, grading outside the envelope on the southern visible areas of the site is integrated into the landscaping design. Chasing the grades will require some of that work to occur outside the revised envelope. Grading above the home on the north side is for drainage and will be concealed by the home. Significant new landscaping will be planted around the home and enhanced native grasses will be planted on any disturbed areas. Site walls outside the envelope for the garage and driveway will comply with the guidelines' three foot maximum ht. in the front setback and 6' on the remaining site with a minimum of two feet between walls. There are many precedents of building envelope changes in Spraddle Creek, which demonstrate that in many cases the original envelopes were not the best solution for the site and potential home designs. The previously approved building envelope changes have created better homes and promoted harmony between neighbors. If the building envelope is not adjusted, there will be a overall greater impact to the neighbor to the west. The home would need to be taller, with a third story, to achieve the GRFA. The proposed driveway will be steeper as the home would be located lower on the site. Retaining and landscaping will be forced down the hill and steeper to "catch up" with the existing grades. www.triumphdev.com Overall the resulting design would be less successful and harmonious for the neighbors. www.triumphdev.com i t li ' h e �a a �t } L E - 255.44' - - - - - - - - - - - - - - - ci10, 11 71 & II CD 2 wp 01 4F �-S Al C, > 2 R 71 11 ,I> M9 r P� 21 t7l pz o L r -I T 'R if 8 o Eli i peo-d 3jaajj aippuidS Ooot -9 4o -I _ oauapisad IlaoN �, 0 sy la" xg peo-d 3jaajj aippe1dS OOOL `94orl - N �1 .x - aauapisa d iiaoN 0 sy la" 0 rowN OF vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: May 13, 2013 Subject: A request for review of a Floodplain Modification Permit, pursuant to Section 14- 6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, of the Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, for the creation of the 19th green at the Vail Golf Club, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and unplatted parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC130013) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Joe Batcheller I. SUMMARY The applicant, The Vail Recreation District (VRD), represented by Scott O'Connell, is requesting review of a flood plain modification pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, of the Vail Town Code. The VRD is requesting to perform work and construct improvements within the 100 -year Gore Creek floodplain located on the Vail Golf Club. The proposed work is in response to the VRD's need to occasionally reconfigure the holes of the Vail Golf Club while continually operating a full 18 hole course. The proposed improvements within the floodplain include grading, construction fill, and re -vegetation. The resulting green should be able to withstand flooding, and will have an insignificant impact upon the limits of the delineated floodplain, thus posing no threat to private property. What is more, the proposed improvements will allow for better golf operation capabilities and continual recreational access. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this application, subject to the findings noted in Section VI. II. DESCRIPTION OF THE REQUEST The VRD is requesting review of a flood plain modification pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, of the Vail Town Code. The purpose of the 19th Green Improvements Project is to provide the VRD with the operational capacity necessary to host a full 18 hole course at the Vail Golf Club. Improvements within the scope of installing a new golf green and bunker for the 19th hole on the Vail Golf Club include the import of earth materials (structural dirt, gravel, sand, topsoil and sod), the installation of new irrigation equipment, and new drainage lines. The golf green and bunker will be constructed to the standards and specifications detailed by the golf course architect, Phelps/ Atkinson Golf Course Design. Proposed plans and analysis (Attachment A), the Environmental Impact Report dated March 28, 2013, (Attachment B), and a letter from River Restoration dated January 25, 2013, revised May 3, 2013 (Attachment C) are attached for reference. III. BACKGROUND The Vail Golf Club functions as a golf course during the summer and as the Nordic Center during the winter. Much of the golf course is partially located within the Gore Creek floodplain as the creek is adjacent to the entire length of the property, bifurcating it some parts. The VRD has planned for various improvements to the Vail Golf Club, including the clubhouse, hole 12, and hole 18. This project will help facilitate improvements to the course itself, and is specific to the creation of hole 19. The VRD has retained the services of River Restoration to conduct the site assessment and environmental impact report. To date, the following tasks have been completed: Task 1: Site Assessment and Survey: Conducted on December 14, 2012, which included topographic and hydrographic survey of the effective floodway and the effective floodplain. Task 2: Construction Fill Assessment: Developed on April 3, 2013, to analyze potential improvements within the floodway. Task 3: Environmental Impact Report: Drafted on March 28, 2013, to assess potential environmental hazards within the floodplain resulting from the project. IV. APPLICABLE PLANNING DOCUMENTS Tile 14, Development Standards, Vail Town Code (in part) 14-6-6: FLOODPLAIN STANDARDS.- All TANDARDS: All modifications, grading or installation of proposed improvements within the 100 -year floodplain shall be in accordance with section 12-21-11 of this code. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum one inch equals twenty feet (1 " = 20) topographic two foot (2) contour map using the adopted town of Vail flood profiles (the federal emergency management agency flood insurance study). The topographic survey shall reveal the method for determining the starting point and Town of Vail Page 2 the starting elevation for the floodplain delineation. A site specific study performed by a professional engineer per FEMA guidelines and approved by the town of Vail and FEMA may be required. Title 12, Zoning Regulations, Vail Town Code (in part) 12-21-11: FLOOD HAZARD ZONES.- A. ONES: A. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health,- 2. ealth, 2. Minimize expenditure of public money for costly flood control projects,- 3. rojects, 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public,- 4. ublic, 4. Minimize prolonged business interruptions,- 5. nterruptions, 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains, 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas, 7. Ensure that potential buyers are notified that property is in a flood area, 8. Ensure that those who occupy the floodplain assume the responsibility for their actions,- 9. ctions, 9. Protect the natural areas required to convey flood flows and retain flow characteristics, and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. C. Designation Of The Floodplain Administrator.- The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the Town of Vail Page 3 provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. D. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following.- 1. ollowing: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the flood hazard zone. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the Colorado division of emergency management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection 8 of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection F of this section. Town of Vail Page 4 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A 1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1) at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones A 1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). E. Floodplain Permits.- 1. ermits: 1. Floodplain Use Permit [... ] 2. Floodplain Modification Permit.- a. ermit: a. Purpose: A Floodplain Modification Permit is a permit to allow construction of improvements and/or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission.- (1) ommission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection E3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. Town of Vail Page 5 (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. V. REVIEW CRITERIA The applicant is requesting the review of a floodplain modification under the provisions of Chapter 14-6, Grading Standards, Vail Town Code. The applicant received confirmation from River Restoration in a letter dated January 25, 2013: "The results of this comparison demonstrate that Proposed Conditions should have no adverse effects upon the efficiency or capacity of the floodway; persons and personal property upstream, downstream and in the immediate vicinity; the 100 - year flood profile and channel stability; any tributaries to the main stream, drainage ditches and any other drainage facilities or systems, and do not change the Effective model. " This proposal includes grading, construction fill, and re -vegetation. Staff has included the criteria for the review of a floodplain modification request below: (1) The effects upon the efficiency or capacity of the floodway; The proposed improvements are designed so that there will be no impact to the efficiency or capacity of the floodway, as confirmed in the Environment Impact Report. (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; River Restoration believes there are no potential negative impacts to personal property in the vicinity of the proposed improvements. (3) The effects upon the 100 -year flood profile and channel stability; Town of Vail Page 6 The 100 -year floodplain line will be altered slightly, but according to the letter from River Restoration, there would be no adverse effects upon the efficiency or capacity of the floodway as a result of the proposed improvements. (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems,- The ystems, The location of the proposed project is not in the vicinity of any tributaries, drainage ditches, or other drainage facilities and therefore Staff does not believe there are any negative effects on these elements. (5) The danger to life and property due to flooding or erosion damage,- The amage, The letter from River Restoration states: "the proposed 19th Green project should not increase dangers to life and property due to flooding or erosion damage." There is no observable increase to the water surface elevation between the effective and proposed conditions. Thus, there would be no increased threat of flooding to property, private or public. (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; The letter from River Restoration states: "the improvement and its contents should not increase the susceptibility of the project area to flood damage and the effect of such damage on the individual owner." (7) The danger that materials may be swept onto other lands to the injury of others,- The thers, The improvements are intended to be installed to withstand the forces of Gore Creek and resist being swept away from the point of installation. There is no increased danger that materials may be swept onto other lands to the injury of others, as the site for the proposed 19th hole has a grade of less than 1 percent. The Environment Impact Report confirms this finding. (8) The compatibility of the proposed use with existing and anticipated development; The Vail Golf Club is a highly utilized golf course within the Town of Vail. The proposed improvements have been designed to be compatible with the desired intent of uses, which are golf and nordic activities. Staff believes the proposed improvements are compatible with the existing and anticipated development. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles,- The ehicles, The proposed improvements do not negatively affect the current level of access for emergency vehicles to the site. Town of Vail Page 7 (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems,- The ystems, The proposed improvements have no bearing on the need for future governmental services and improvements. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site, The letter from River Restoration describes the proposed improvements as having no impacts as the result of increased heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action at this site. The Environment Impact Report confirms this finding. (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; The proposed improvements are located far enough away from the stream banks where they will have a limited adverse environmental effect, as confirmed by River Restoration. (13) The necessity to the facility of a waterfront location, where applicable,- Not pplicable, Not applicable. (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use,- Given se, Given the configuration of the golf course, the applicant and Staff feel the 19th green has been sited in the most appropriate location. (15) The relationship of the proposed use to the comprehensive plan for that area. This proposal meets the intent of Vail's Comprehensive Open Lands Plan for this area, which designates the Vail Golf Club as recreational open space. Staff believes this application meets the criteria for approval of a Floodplain Modification Permit. The Vail Floodplain Manager, Tom Kassmel, has also reviewed all materials for the proposed 19th hole and agrees with Staff's recommendation. VI. STAFF RECOMMENDATION The Community Development Department recommends approval of a Floodplain Modification Permit, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading, construction fill, and re -vegetation within the Gore Creek 100 -year floodplain, to construct the 19th green at the Vail Golf Club, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and unplatted parcels (a complete metes and bounds Town of Vail Page 8 description is available at the Community Development Department Office), and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this Floodplain Modification Permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the Floodplain Modification Permit request pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, to construct the 19th green at the Vail Golf Club, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this Floodplain Permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section V of the Staff's May 13, 2013, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and (4) That the proposed use or modification promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS A. Proposed plans and analysis B. Environmental Impact Report dated March 28, 2013 C. Letter from River Restorations dated January 25, 2013, revised May 3, 2013 Town of Vail Page 9 NVI� 1115 00 o l -N N t � - 1�1?1SIa NOIiVl',J31?J TVAo i r " J o �� �i i i c __ Ell � Q I �... , o dol 0. NOQoo \ w m3 w \ \ \ Cl w o as w mw cwwa> J \ 0 C. -A z 5�[een ictvl,cr ae�a acs! OGVddO-100 J.1N000 TIOVA �T990 onp " L L — LOP LO TVA 10 NM01 =j ��oHHr6Go oµd� 3S Dn SUTA@AmS �* d 170H H16 G QISOdOd_d — 1S�JPOO \00 IV''. aSuey aaoo zeoz/ r/z� �s 'dhi OIHdb'NOOdOL a --------------- sa IA 62 \z . { \'M f �' �, � ` 4ITI 1��NS SNOIIDIS SSO?Dz off"eA�;;2, 0 O oil X ° Ao i3l?1SIa NOUVI',J39,1 TVA Environmental Impact Report 19th Hole of the Vail Golf Course Prepared For The Vail Recreation District March 28th 2013 Prepared By Rive rRestoration PECIASOOIB Table of Contents Section One I Introduction............................................................................................................. 1 ProjectDescription...................................................................................................................... 1 ProjectLocation.......................................................................................................................... 1 Section Two Impacts Assessment................................................................................................ 2 AppendixA Location Map............................................................................................................. i AppendixB Floodplain Map..........................................................................................................ii ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE Section One I Introduction Project Description In 2010 the Vail Recreation District (VRD) drafted a master plan for the Vail Golf Course (VGC), which included construction of a 19th hole along with renovations and maintenance of the existing holes. Constructing the 19th hole would allow the VRD to perform the renovations and maintenance as described in the master plan without reducing the number of playable holes on the course to less than 18. Having the option of a 19th hole would provide course staff with the flexibility to utilize the hole early or late in the season if course issues such as turf damage, water Issues, damage caused by wildlife, or adverse spring/fall conditions are present elsewhere on the golf course. The 19th hole would be utilized only when necessary, due to construction activities or in the case of adverse conditions causing the closure of a hole on the course. The VRD has been working with the firm of Phelps / Atkinson to design the improvements necessary for the 19th hole. Their review of siting options has revealed the best possible location for the 191h hole. The project area is to be located approximately 50 ft north and east of the existing weather shelter between the 12th hole and the 16th hole. Reconfiguration of the 12th tee box and the construction of the 19th green would require the importation of fill materials. Once the topography has been shaped, the new tee box and green would be covered in sod to match the existing vegetation of the VGC. Irrigation of the sod would be performed once placed to ensure its long term success. A sand bunker would also be constructed on the north side of the 19th green to add a degree of difficulty to the golf shot. Project Location The Vail Golf Club is located in Vail, Colorado at approximately 8285 ft above msl. The proposed 19th hole green is located approximately 350 ft north of Gore Creek between the 12th hole tee box and the 16th hole fairway. The proposed 19th hole tee box is to be located at the existing 12th hole tee box, creating a shared tee complex. The project area is accessed by taking Exit 176 off Interstate 70 (1-70) then traveling east on the South Frontage Rd E for a distance of 2.2 miles. The 19th hole project area is located south off South Frontage Rd E, approximately 150 ft along the private access drive. Appendix A: Location Map 191h Hole Vail Golf Course shows the location of the proposed project site. PAGE 1 1 ENVIRONMENTAL IMPACT REPORT 19th HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE Section Two I Impacts Assessment The following of no significant environmental impacts, either during construction or on a continuing basis is based on predefined affects described in Section 12-12-2 A -O of the Vail Town Code. A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural landform feature. a. No significant change in land form either during or following construction is proposed as part of the 191h hole construction on the Vail Golf Course. The existing topography of the proposed project area is gently sloping (<1%) to the southwest, towards Gore Creek. The land form is generally flat with minor topographic variations. No visible ridgelines, saddles, draws, ravines, hillsides, cliffs, slopes, creeks, marshes, watercourses, or other natural landform features are found in the immediate project area. The proposed project topography at the 12th tee box does not increase the overall height from existing conditions but nearly doubles the footprint from % acre to % acre in creating the combined tee box complex. The proposed 19th green will create topographic variability, which does not currently exist at the planar site. The maximum elevation increase over the 1/3 acre site is approximately 1 ft. b. No change in ecologic unit is anticipated as part of the proposed project. The project is to be constructed on the existing Vail Golf Course and does not alter the existing land use or subsequent ecology. Specifically, the 19th green is to be located between the 12th hole fairway and the 16th hole green. This land is currently managed by the Vail Golf Course and will not require significantly different land management practices in support of the proposed improvements. B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. a. Wildlife habitat, feeding, or nesting grounds are not anticipated to be significantly impacted either during construction or following construction of the 19th hole. The existing Vail Golf Course is assumed to have moderate habitat, feeding, or nesting value, due to disturbances to wildlife through human use or maintenance activities. During construction, the roughly 0.8 acre project site will be cleared of non-native vegetation as necessary and fill will be placed to create proposed topography. It is anticipated that construction activities will temporarily reduce opportunities for marginal wildlife habitat, feeding, or nesting grounds. However, once the project is completed, in the spring of 2013, the land will be returned to its prior use, restoring whatever wildlife habitat, feeding, or nesting ground value is presently available. PAGE 1 2 ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. a. Vegetative cover on the project site will be temporarily impacted during construction activities. The combined 0.8 acre project site will be temporarily cleared of non-native vegetation, as necessary, and fill will be placed to create proposed topography. Once constructed, the disturbed areas will be Boded and irrigated to restore vegetative cover to the project area. Due to the current land management practices of the active golf course, no native grasses, trees, or shrubs are present within the 0.8 acre project site. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. a. Construction activities, at the project site, will have a temporary effect on the appearance of the golf course. However, once sod has been placed in the spring of 2013 no continued impacts are anticipated. The proposed topography is I , consistent with the existing land forms and is not of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. a. The proposed project area is on a gentle slope (<1%), with limited topographic variability. Impacts during or once construction has been completed will not increase the potential for avalanche or landslide, thereby increasing hazards to health and safety. b. The Vail Golf Course is situated on the floodplain of Gore Creek. Through the golf course reach, Gore Creek meanders along the broader glacial valley, alternately eroding and depositing river sediments. These sediments originate from steep mountain streams that empty into Gore Creek at the numerous alluvial fans which dominate the valley floor. In general, Gore Creek's floodplain is characterized by shallow organic and mineral soils, overlaying well consolidated alluvial deposits. Due to the largely stable nature of these soils, risk of land form changes or settlement is not anticipated to increase during or following construction of this project. Appropriate fill materials are to be placed on existing soils, which do not currently show signs of settlement. c. The proposed project is partially located within the Effective 100 yr Floodplain of Gore Creek and north of the Effective Floodway encroachment station near FEMA river station 178. Construction activities will require the placement of fill materials, of which a portion will be located within the Effective 100 yr Floodplain. Appendix B: Floodplain Map describes the locations of the 19th green along with the delineations of the Effective Floodway and Floodplain. A separate PAG E 1 3 ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE floodplain analysis was prepared for the Vail Floodplain Manager, by a qualified licensed professional engineer, to address flooding issues associated with the project. A letter report was drafted demonstrating compliance with Town of Vail and FEMA regulations necessary to perform work in the floodplain. The report also addressed relevant issues described in subsection 12-21-11 E.3. of the Vail, Colorado Town Code. The results of this analysis demonstrate that the proposed project should have no adverse effects upon siltation or flooding, the efficiency or capacity of the floodway, persons and personal property upstream, downstream and in the immediate vicinity, the 100 -year flood profile and channel stability, any tributaries to the main stream, drainage ditches and any other drainage facilities or systems. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. a. Subsurface conditions at the project site have not been studied as part of this analysis. If toxic substances are uncovered during construction activities, these materials will be isolated, removed, and disposed of at an appropriate facility or left undisturbed. b. Discharges of thermally abnormal substances, smoke, gas, stream, dust, or other particulate matter is not anticipated during or following construction activities at the project site. c. The use of herbicides and/or pesticides may occur on the project site, following construction activities, consistent with the Vail Golf Courses land management practices. No significant additional use of these substances is anticipated beyond whatever use may already occur. G. Involves any process which results in odor that maybe objectionable or damaging. a. Construction activities at the project site will require the use of heavy equipment for filling and shaping of the topography. Diesel fuel and emissions will temporarily occur onsite, which may result in an objectionable odor. No permanent changes which results in odor that may be objectionable or damaging are anticipated as part of this project. H. Requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. Ia. No waste treatment, cooling, or settlement ponds will be necessary during or following construction activities. Similarly, no solid or liquid wastes are anticipated to be generated by the project, which will require transportation of to a treatment or disposal site. If toxic substances are uncovered subsurface and PAGE 14 ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE cannot be avoided during construction activities, these materials will be isolated, removed, and disposed of at an appropriate facility. I. Discharges significant volumes of solid or liquid wastes. a. No solid or liquid wastes are anticipated to be generated by the project. If solid or liquid wastes are uncovered subsurface by the project, these materials shall not be discharged to open waters and will be isolated, removed, and disposed of at an appropriate facility. J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. a. The existing project area currently drains to Gore Creek and does not drain to existing or proposed sewer systems. Activities during or following construction will have no impact on the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. K. Involves any process which generates noise that may be offensive or damaging. a. Construction activities at the project site will require the use of heavy equipment for filling and shaping of the topography. Heavy equipment activity onsite will temporarily generate noise that may be considered offensive. Construction activities are scheduled for the sprig of 2013. No permanent changes which generate noise that may be offensive or damaging are anticipated as part of this project. L. Either displaces significant numbers of people or results in a significant increase in population. a. Neither during or following construction activities will a significant numbers of people be displaced nor will the project result in a significant population increase. M. Preempts a site with potential recreational or open space value. a. The current project site has significant recreation/open space value. Neither construction or post construction activities will impact potential recreational or iopen space value as the land will be returned to an identical use following construction. N. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs. a. Neither construction or post construction activities will alter local traffic patterns or cause a significant increase in traffic volume or transit service needs. PAGE 15 ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE 0. Is a part of a larger project which, at any future stage, may involve any of the impacts listed in this section. (Ord. 29(2005) § 31: Ord. 8(1973) § 16.200) a. This project is part of the 2010 Vail Recreation District drafted master plan for the Vail Golf Course. The master plan includes construction of a 191h hole along with renovations and maintenance activities at other holes on the golf course. PAG E 16 ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE Appendix A I Location Map IN PAGE I i w N � . o v a p w I■ ENVIRONMENTAL IMPACT REPORT 19" HOLE, VAIL RECREATION DISTRICT, VAIL GOLF COURSE I I Appendix B I Floodplain Map tj II I, PAGE I ii JVA N Ib­IJ000-IJ s i -ION qqe I ;i&, (n0D J109 TVA p 1D1?1SIa NOUV]',JDg?J IIVA oo oo � Es /f^•esln\,`` �gT y}�' a� in At%I VE 7"'�7 . 3r PO Box 02123.Glenwood Springs. Colorado 81602. (970) 947-9568 January 25, 2013 Revised May 3, 2013 Thomas Kassmel, PE Town of Vail Department of Public Works Town Engineer 1309 Elkhorn Drive Vail, CO 81632 Phone 970-479-2235 RE: Report describing the As Proposed Floodplain Compliance with Town of Vail regulations for the construction of the 19th Green improvements project Dear Tom, RiverRestoration has performed a floodplain analysis within the reach of Gore Creek, for the Vail Recreation District (VRD); in support of the 19th green Floodplain Modification Permit (FMP). This letter report has been prepared to demonstrate compliance with Town of Vail regulations and Federal floodplain development guidelines. The VRD is seeking a IMP for activities necessary to construct a new green on the Vail Golf Course (VGC), named the 19th green (green). The new green is proposed to be located between the existing 12th Tee Box and the existing 16th green. The proposed green is partially located within the Effective 100 yr Floodplain however; it is located approximately 350 ft outside of the north bank Effective Floodway encroachment station near FEMA river station 178. Construction activities for the green will require the placement of construction fill, of which a portion will be located within the Effective 100 yr Floodplain. Appendix A: Floodplain Map describes the locations of the 19th green along with the delineations of the Effective Floodway and Floodplain. This analysis was performed assuming that no insurable structures will be constructed as part of this project. Effective Conditions The Effective HEC -RAS floodplain model, used in this analysis, was obtained from Town of Vail. This model contains the most current FEMA flood model geometry for Gore Creek within the project reach. The project reach, as described on the Eagle County Colorado, Flood Insurance Study (FIS), is located between FEMA cross sections AN (177) and AO (179). The Effective Conditions model is based off the NAVD 88 vertical datum. Flood flows were based on values reported by the FIS. A 100 year discharge of 1,930 cfs was used to calculate water surface elevations, through the Project reach. Page 1 e a� C 3 N p 00 01 00 ['- M - 00 W O° p 000 w w w w w w w a� N N N N N N N N W w o0 00 00 00 00 00 00 N w� v, v, v, W) kn v ao3 wwwww00wm �• U 0 0 � N N N N N N N N N W 00 00 00 00 00 00 00 00 Q OC) N 3 N 00 00 v +� U C,3 O 01 [� 00 . [� w � ANRII V ER #)1 7 PO Box 02123.Glenwood Springs. Colorado 81602. (970) 947-9568 Proposed Conditions The Proposed Conditions model describes changes to the Effective model geometry, based on proposed topographic alterations at the 19th green. Proposed contours used to develop the Proposed Conditions model were supplied by the design firm of Phelps / Atkinson. The basis for Effective and Proposed Conditions models elevations is the Colorado harp control point "spraddle", elevation = 8287.40' (NAVD 88). To demonstrate compliance with Town of Vail and Federal floodplain development guidelines, a comparison of the modeled Floodway and 100 yr Floodplain Water Surface Elevations (WSEL) are shown in Table 1. The modeling analysis performed has shown no change to the Base Flood Elevations (BFE) within or upstream of the reach and subsequently no change to the Effective Floodplain. Because no insurable structures are to be located within the study reach and no impacts to BFE or upstream flood risk were observed in the modeling analysis, neither a Letter of Map Amendment (LOMA) nor Letter of Map Revision (LOMR) are required. However, to improve the resolution of the Existing and Proposed Conditions Floodplain delineations, the extents of these floodplains were redrawn based on the updated topography. Improved resolution of the Existing and Proposed Conditions, compared to the FEMA Cross Sections, now reflects a reasonable interpretation of how water would flow around the updated topography. The results of this comparison demonstrate that Proposed Conditions should have no adverse effects upon the efficiency or capacity of the floodway; persons and personal property upstream, downstream and in the immediate vicinity; the 100 -year flood profile and channel stability; any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; and do not change the Effective model. The results of the analysis also show that the proposed 19`h green project should not increase dangers to life and property due to flooding or erosion damage. Because no increase in WSELs were observed between the Effective and Proposed Conditions models no changes to existing site hydraulics are anticipated. As such, the improvement and its contents should not increase the susceptibility of the project area to flood damage and the effect of such damage on the individual owner. The models results also demonstrate that there is not an increased danger that materials may be swept onto other lands to the injury of others. Furthermore, no impacts to the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action are suggested by the modeled results, at the site. The Vail Golf Course has multiple access roads allowing for river access during flooding. Because this project does not change the BFEs, improvements should not impair the safety of access to the property in times of flood for ordinary and emergency vehicles. Additionally, the costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems should not be affected. Page 3 IVE PO Box 02123.Glenwood Springs. Colorado 81602. (970) 947-9568 No change in land use is proposed for the construction of the 191i green. Because the project is to be located within an existing fairway of the VGC, improvements are compatible with existing and anticipated development. In addition, the proposed improvements are consistent with the comprehensive plan for the area. The 19' green has been positioned as far as physically possible from Gore Creek, in an attempt to minimize impacts to flooding or erosion damage. Moving the improvements completely out of the floodplain was not an option as siting of the new green required it to be between two existing golf holes. The project site is located approximately 350 ft from the north bank of Gore Creek on the existing golf course. The distance from the creek and the existing land use should limit any new adverse environmental effects on the watercourse including erosion of stream banks and stream side trees and vegetation and wildlife habitat. If you have any additional questions or comments in regard to this Floodplain Compliance Report, please contact me at your convenience to discuss. Sincerely, Jason Carey P.E. River Engineer j ason. carey_(cbriverrestoration. org (970)947-9568 C.C. Scott F. O'Connell Director of Operations & Facilities Vail Recreation District O: (970) 477-5264 C: (970) 390-9731 soconnell@vailrec.com Page 4 ANNI V E 1 3'7E PO Box 02123.GIenwood Springs. Colorado 81602. (970) 947-9568 Appendix A I Site Plan Page i s NVIJ X115 00 0 ol ; op oD o _v 1�1?1SIa NOI1`dI?D�? TVAos no Ad Name: 9174515A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM May 13, 2013 at 1:00pm TOWN COUNCIL CHAMBERS/ PUBLIC WELCOME Your account number is- 1 OP2P3375S. Frontage Road- Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT T Vail ■ ■�y Site Visit JJ 1. Lot 6 Spraddle Creek - 1067 Riva Glen Road 2. Wall Street Building - 225 Wall Street 3. Vail Golf Course Hole 19 - 2100 South Frontage PROOF OF PUBLICATION Road East 4. Riva Ridge North Unit 630- 133 Willow Place 45 minutes 1. A request for the review of a variance from Sec- tion 12-7B-15, Site Coverage, Vail Town Code, STATE OF COLORADO } pursuant Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a re- quest for the review of a major exterior alteration or ss. modification, pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to COUNTY OF EAGLE } the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing1, and setting forth details in regard thereto. (PEC 130008, PEC130009) Applicant: Wall Street Commercial, LLC, repre- I, Don Rogers, do solemnly swear that I am a qualified by Suarr Architects sentePlanner Planner: Warren Campbell representative ofthe Vail Daily. That the same Daily newspaper ACTION: MOTION SECOND: VOTE: printed, in whole or in part and published in the County 15 minutes 2.A request for the review of a variance from Sec- tion 12-6H-6, Setbacks, Vail Town Code, to allow Eagle, State Colorado, has for the interior conversion of an existing loft and of of and a general circulation addition to the roof in the front and side setbacks, therein; that said newspaper has been published continuously located at 133 Willow Place (Riva Ridge) Unit 630/ Lot Block Vail Village Filing 1, and setting forth a details in regard thereto. (PEC130015) t and uninterruptedly in said County of Eagle for a period of Riva Ride Michlael Su an Architects 6, LLC, represented by 7' more than fifty—two consecutive weeks next to the first Planner: Warren Campbell pnor MACTION OTION: SECOND VOTE publication of the annexed legal notice or advertisement and CONDITION(S): 20 minutes 3.A request for final review of an amended final that newspaper has the requested legal notice plat, pursuant rsuantur Chapter Exemption Plat said published p q g Town Review Procedures, Vail Town Code, to amend the Co and advertisement as requested. platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and set- ting forth details in regard thereto. (PEC130011) Applicant. Michael Noell, represented by Mike Foster of Triumph Custom Homes The Vail Daily is an accepted legal advertising mediumACTION: Planner: Warren Campbell I MOTION: SECOND: VOTE: only for jurisdictions operating under Colorado's Home CONDITION(S): 15 minutes 4.A request for the review of a flood plain Rule modification permit, pursuant to Section 12-21-11, provision. p Flood Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with Gore Creek, generally located at 2100 South Frontage Road East (Vail Golf Course)/Unplatted That legal parcel (a complete legal description is available for the annexed notice or advertisement was inspection at the Town of Vail Community published in the regular and entire issue of every g 1J Development Department), and setting forth details in regard thereto. (PE Y number of said daily newspaper for the period of 1 anon D3) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Joe Batcheller ACTION: insertions; that the first consecutive and publication of said CMOTION ONDITION(S)OND:VOTE: notice was in the issue of said newspaper dated 5/10/2013 and 5.A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford that the last publication of said notice was dated 5/10/2013 in Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park the issue of said newspaper. Management Plan, and the 2012 Fort/ Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail In I have here hand this day, Planner: George Ruther witness whereof, unto set m Y Y ACTION: Table to June 10, 2013 05/1 /�f /2013. MOTION: SECOND: VOTE: 6.A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single -family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) General Man ager/Publisher/Editor Apapli ant: Todger Anderson, represented by Tom Vail Daily Planner: Warren Campbell ACTION: Table to June 10, 2013 MOTION: SECOND: VOTE: Subscribed and sworn to before me, a notary public in and for 7.A request for the review of a conditional use the County of Eagle, State of Colorado this da 05/17/2013. "J g � yfacility, permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive-up located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schona Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Warren Campbell ACTION: Table to June 10, 2013 MOTION: SECOND VOTE B.Approval of April 22, 2013 minutes MOTION: SECOND: VOTE: Pamela J. Schultz, Notary Public 9.Information Update My Commission expires. November 1, 2015 10.Adjournment MOTION: SECOND: VOTE: The applications and information about the propos- als are available for public inspection during regul- ar 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. Times and order of items to (PF;Y;,p e O ••, (� are approximate, subject change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will PAMELAJ. consider an item. Please call (970) 479-2138 for ' ' SCHULTZ additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the P. Hearing Impaired, for information. Community Development Department My Commission Published May 10, 2013 in the Vail Daily. Expires 11101Q015 (9174514) Ad Name: 9128456A 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 4/26/2013 and that the last publication of said notice was dated 4/26/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 05/06/2013. 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 05/06/2013. 2m.&& 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 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on May 13, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for the review of a flood plain modifica- tion permit, pursuant to Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with Gore Creek, generally located at 2100 South Frontage Road East (Vail Golf Course)/Un platted parcel (a complete legal description is available for inspec- tion at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC130013) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Joe Batcheller A request for the review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive -up facility, lo- cated at 2171 North Frontage Road West (Mc- Donald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Warren Campbell A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the interior conversion of an existing loft and addi- tion to the roof in the front and side setbacks, lo- cated at 133 Willow Place (Riva Ridge) Unit 630/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130015) Applicant: Riva Ridge 26, LLC, represented by Michael Suman Architects Planner: Warren Campbell The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment 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 re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published April 26, 2013 in the Vail Daily. (9128456)