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HomeMy WebLinkAbout2013-0708 PECK� TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION July 8, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Eiger Chalets — 1370 Sandstone Drive, Unit 14 15 minutes A request for the review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the rear setback, located at 1370 Sandstone Drive, Unit #14, Eiger Chalets, and setting forth details in regard thereto. (PEC130019) Applicant: Andy Sigfusson, represented by GPSL Architects Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 30 minutes 2. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 213, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 3. 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 213, 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: MOTION: SECOND: VOTE: CONDITION(S): Page 1 4. 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 August 12, 2013 MOTION: SECOND: VOTE: 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 July 22, 2013 MOTION: SECOND: VOTE: 6. Approval of June 24, 2013 minutes MOTION: SECOND: VOTE: 7. Information Update 8. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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 July 5, 2013 in the Vail Daily. Page 2 TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION July 8, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Pam Hopkins Henry Pratt Luke Cartin Susan Bird Michael Kurz John Rediker arrived at 1:06 A request for the review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the rear setback, located at 1370 Sandstone Drive, Unit #14, Eiger Chalets, and setting forth details in regard thereto. (PEC130019) Applicant: Andy Sigfusson, represented by GPSL Architects Planner: Jonathan Spence ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5-0-1 (Pratt recused) CONDITION(S): 1. Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal. Commissioner Pratt recused himself as he had a conflict of interest. Jonathan Spence gave a presentation per the staff memorandum. Commissioner Kurz inquired as to the recent architectural re -skin of the building and the likelihood that the Design Review Board will ensure that architectural direction is continued forward. Jonathan Spence responded that the Design Review Board would ensure the materials are compatible and in keeping with the recent reskin. 2. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130018) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: Tabled to October 14, 2013 MOTION: Kurz SECOND: Bird VOTE: 6-0-0 Items 2 and 3 were presented and discussed together. Page 1 Jonathan Spence gave a presentation per the staff memorandum. He covered the zoning and proposed changes for the site. He highlighted the point that the site plan was successful in addressing the traffic congestion currently seen on site; however, it is achieved to the detriment of several other adopted regulations. He concluded by stating that the application did not meet the criteria and recommended denial. Commissioner Kurz asked if staff had spoken to the applicant about their concerns and if the applicant attempted to address those concerns and if today's proposal was their final attempt to address staff's concerns. Jonathan Spence spoke to the applicant's attempts to address the concerns Commissioner Pratt inquired as to the existence of a conditional use permit for the current drive up facility. Jonathan Spence spoke to the fact that the property was constructed in the county and subsequently annexed and was not required to get a conditional use permit after annexation. Robert Palmer, representing McDonald's, spoke to the various site plans that were explored. He spoke to the drive up facility configuration, pedestrian access, landscaping, and the constraints of redeveloping on the smaller property than is commonly utilized. Commissioner Pierce inquired as to the focus of the redesign on the drive up window and why the change in focus at this point to have two windows and reduced seating. Robert Palmer explained the sales data and the belief that a number of customers prefer to use the drive up windows and there were lost sales when the drive up window is congested. Commissioner Pierce expressed the community's positive relationship with McDonald's. He spoke to McDonald's ability to develop specific design for special places and Vail is a special place. It is unacceptable to have the drive up windows facing the public street. He inquired into further information on the site plan of the site in Denver. Robert Palmer spoke to the background on the Denver site and the variances it received. Commissioner Pierce spoke to the need to not have the site dominated by the automobile and have a building on an island of asphalt. The goal is to have the building relate to the street. Jonathan Spence clarified his intent of including the site plan for the Denver site was not to infer that plan would work in Vail, but that there are options. Robert Palmer explained that the architecture could be anything that would satisfy the Town's regulations and boards. Commissioner Pierce asked if McDonald's was the only drive up facility in town. Jonathan Spence discussed the past Wendy's and Espresso Coffee Shop. McDonald's is currently the only drive up facility.. Commissioner Kurz admired McDonald's efficiency, but it feels like the site is attempting to accommodate too much. He spoke to his observation of the current function and problems. He felt that reducing the parking space size and the minimal landscaping were causing increased maneuverability issue with our larger vehicles and snow storage impacts. Page 2 Commissioner Rediker expressed his concerns with the proposed variances. He felt their needs to be compliant snow storage and landscaping. Commissioner Bird agreed with her fellow commissioners. With it being a 24 hour business, when would snow removal occur as to not conflict with users. Commissioner Pratt asked if the applicant utilized the compact parking space allowance permitted in the Code. He stated he understood the focus on the drive up aspect of the building. He suggested possible snow melting of the drive up lane. He expressed concerns about the shape, bulk and mass of the proposed structure. The proposed drive up staking is an improvement over the existing. Commissioner Cartin spoke to the constraints of the site and his understanding of the want and need to redevelop the site. He concluded by stating the rendering was not beneficial to the request. Jim Lamont, Vail Homeowners Association, remembered vaguely the building being built in the county. He does not recall staff recommending denial of a proposed redevelopment which lead him to believe there must be significant concerns. The current building has worked for approximately 35 years and we should anticipate any new structure would be in place at least that long. He recommended staff pull out the work done on the West Vail Master Plan which contains some recommendations on traffic improvements. It may be premature to consider this redevelopment until the community defines its goals for West Vail. Commissioner Cartin asked if the West Vail Master Plan was adopted. Jim Lamont stated that it had not. He believed events in 2007 killed the effort Robert Palmer stated that McDonald's wants to be a good neighbor and a part of the community and he would like to take the comments back and have his team discuss how to address them. He requested the applications be tabled. 3. 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: Tabled to October 14, 2013 MOTION: Kurz SECOND: Bird VOTE: 6-0-0 4. 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 August 12, 2013 MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 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 Page 3 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 July 22, 2013 MOTION: Cartin SECOND: Pratt VOTE: 6-0-0 6. Approval of June 24, 2013 minutes MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 7. Information Update Commissioner Pierce requested an update on the mandatory curbside recycling effort. The Commissioners spoke to their desire to understand the efforts with regard to multi -family and mixed use developments. Staff discussed elements of the project and stated that they would have Kristen Bertuglia, Environmental Sustainability Coordinator, come in and give a presentation and address any questions. Commissioner Cartin asked staff to examine the erosion control measures that were put in place in conjunction with the South Frontage Road widening as some appeared to be installed incorrectly and one drain may be missing an erosion control measure. Commissioner Pierce asked for an update on the health of Gore Creek and the plan that was being completed with recommendations to address the health of the creek. Staff stated that the report was supposed to be finalized soon and that the Commission would be invited to the report out of the findings or a presentation would be put on a future Commission agenda. 8. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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 Page 4 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 8, 2013 SUBJECT: A request for a variance from Section 12-6E-6, Setbacks, Vail Town Code pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the rear setback area, located at 1370 Sandstone Drive, Unit 14 (Eiger Chalets)/Part of Lot G3, Lion's Ridge Filing 2, and setting forth details in regard thereto. (PEC130019) Applicant: Andy Sigfusson, represented by GPSL Architects Planner: Jonathan Spence I. SUMMARY The applicant, Andy Sigfusson, represented by GPSL Architects, is requesting a setback variance to allow for an addition into the rear setback area at Eiger Chalets, Unit 14. 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 this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), photographs (Attachment B) the applicants' request (Attachment C), and proposed architectural plans (Attachment D) are attached for review. II. DESCRIPTION OF REQUEST The applicant, Andy Sigfusson, represented by GPSL Architects, is requesting a setback variance to allow for an addition into the rear setback area at Eiger Chalets, Unit 14. Eiger Chalets is a townhome development consisting of two buildings with 14 total dwelling units. The existing Eiger Chalets are legally non -conforming in regard to several development standards of the Residential Cluster District including density and setbacks. Since Eiger Chalets is legally non -conforming in terms of density, the applicant is utilizing the "250 Ordinance" additional GRFA (Gross Residential Floor Area) provision of the Vail Town Code to facilitate this addition. The subject property, Unit 14, is the northern end unit of the western Eiger Chalet building. When entering the Eiger Chalet property, Unit 14 is the last unit of the first building encountered. Unit 14 is three stories in the front (east) with only two stories exposed above grade in the rear (west). The applicant is proposing to extend the existing main (middle) level of Unit 14 by approximately seven feet (7') and the upper floor approximately four feet (4') across the rear of the unit. The proposed addition largely conforms with the required setback with the exception of a small triangle resulting from the Eiger Chalet buildings not being built parallel to the rear property line. The proposed encroachment equals 3.3 square feet per floor (6.6 square feet total). III. BACKGROUND The subject property is Unit 14 of the Eiger Chalets. These townhomes were originally constructed in 1976 under Eagle County jurisdiction. The Eiger Chalets were annexed into the Town of Vail in 1987 and subsequently zoned Residential Cluster District. These townhomes are legally non -conforming in regard to several standards of the Residential Cluster District including density and setbacks. Over the years there have been several renovations and additions to individual units of the Eiger Chalets. In 2006, the Eiger Chalets obtained Town of Vail design review and building permit approvals to renovate the exterior facade of every unit in the development. The construction work on the front facades has been completed. In 2011, Unit 6 of the Eiger Chalets received a setback variance to allow for the encroachment of 59 square feet into the required side setback. Unit 6 was also utilizing the "250 Ordinance" provision to allow for additional GRFA and was similarly situated in its proximity to the property line. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) 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 2 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: General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5. Commercial strip development of the Valley should be avoided. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.8. Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a. Community objectives are met as articulated in the Comprehensive Plan. b. The parcel is adjacent to the Town boundaries, with good access. c. The affected neighborhood can be involved in the decision-making process. 1.9. The existing condition and use of National Forest Land (USFS) which is exchanged, sold, or otherwise falls into private ownership should remain unchanged. A change in the existing condition and use may be considered if the change substantially complies with the Vail Comprehensive Plan and achieves a compelling public benefit which furthers the public interest, as determined by the Town Council. 1.10. Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11. Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13. Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 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. 5.2. Quality time share units should be accommodated to help keep occupancy rates up. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part) MDR Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. 4 Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part) 12-6E-1: Purpose: The residential cluster district is intended to provide sites for single- family, two-family, and multiple -family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6E-6: Setbacks: In the RC district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). 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. V. SITE ANALYSIS Address: 1370 Sandstone Drive, Unit 14 Legal Description: Part of Lot G3, Lion's Ridge Filing 2 Zoning: Residential Cluster District Land Use Plan Designation: Medium Density Residential Current Land Use: Multiple -Family Residential (townhomes) Geological Hazards: Medium Severity Rock Fall Standard Allowed/Required Existing Proposed Density: (max GRFA) Building Height: Site Coverage: 250 Ordinance 30 ft. 13,091 sq. ft. N/A 30 ft. 10,052 sq. ft. 243 sq. ft. 24' for addition 10,192 sq. ft. UI Parking >2,000 GRFA, 3 spaces 3 spaces 3 spaces Setbacks North: 15 ft. 15 ft. 25' addition West: 15 ft. 15 ft. 13 ft. East: 20 ft. 80 ft. No change South: 0' (attached) 0 ft. No change SURROUNDING LAND USES AND ZONING Existing Use North: Multiple -Family Residential South: Multiple -Family Residential East: Multiple -Family Residentiall West: Multiple -Family Residential VII. REVIEW CRITERIA Zoning District Residential Cluster District Residential Cluster District Residential Cluster District Residential Cluster District The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The subject property, Unit 14, is the northern end unit of the western Eiger Chalets building and therefore adjoins only one other townhome unit. The proposed main level floor addition extends 6', 8" and the upper floor extends 4', 4" from existing. Because the existing second floor is currently cantilevered over the main floor, the additions will terminate at the same location. The addition will extend west 2'A' further from the existing cantilevered second floor of the neighboring property and no further than the existing physical wall that separates Unit 14 from Unit 13 and extends out past the units' west wall. Therefore, Staff believes this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The Eiger Chalets were built under Eagle County jurisdiction and later annexed into the Town of Vail with a more restrictive zoning placed on the property. The existing Eiger I Chalets are legally nonconforming in regard to several development standards of the Residential Cluster District including density and setbacks. Unlike other units in this development, an addition to Unit 14 will result in an encroachment into the rear setback area because the original building was not built parallel to the property lot lines. Approval of a 250 GRFA addition is not guaranteed, especially when a variance approval is needed to facilitate that addition. However, this proposed setback variance will allow the applicant the ability to expand the unit in the rear in a similar manner to other units in Eiger Chalets. Staff believes the proposed variance is consistent with the goals of the Town of Vail Land Use Plan and purposes of the Residential Cluster District identified in Section IV of this memorandum. Therefore, Staff believes the proposed relief from the setback regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without 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. The proposed variance will facilitate an addition in the rear setback area that will not alter population; will not increase the required number of parking spaces; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff believes the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with a condition, of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for an addition within the side setback area, located at 1370 Sandstone Drive, Unit 14 (Eiger Chalets)/Part of Lot G3, Lion's Ridge Filing 2, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: 7 "The Planning and Environmental Commission approves the applicants' request for a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the rear setback area, located at 1370 Sandstone Drive, Unit 14 (Eiger Chalets)/Part of Lot G3, Lion's Ridge Filing 2, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission applies the following condition: 1. Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal. 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 a review of Section VII of the July 8, 2013 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Residential Cluster District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Residential Cluster District. C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Residential Cluster District." IX. ATTACHMENTS A. Vicinity Map B. Photographs C. Applicants' Request D. Architectural Plans i rl I i�---27vfm MIM L -7- 12 4 ORL ir Eiger Chalets Parcel 14 Variance Request The applicant is requesting a variance for approximately 2.7 square feet of encroachment into the rear setback in order to accommodate a 243 square foot addition to his property. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity: Applicant response: This request to encroach into the rear setback would seem to have negligible impact on the existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant response: The project was built under Eagle County rules in the 1970's, before the area was annexed into the Town of Vail. Under Section 12-15-5 (D) of the Vail Town Code, each of the units at the Eiger Chalets qualifies for, and is encouraged to use, an additional 250 square feet of GRFA as an incentive to upgrade older residences. Several units have done so already. Unit 8 recently added approximately 210 square feet of additional GRFA and in 2010, the PEC approved additional GRFA in the side setback at unit 6. Because of the angle of the property line and how the associated rear setback line crosses near the Northwest corner of the unit, Parcel 14 is the only unit in this building that is considerably restricted as to how far it can expand to the west and thereby make use of the additional GRFA. The proposed encroachment is minor in its extent, approximately 4 square feet of total area in a triangular configuration; so the degree of relief necessary is very small. Relief from the strict enforcement of the rear setback regulation is necessary in order to grant this property the ability to efficiently utilize the additional GRFA that is encouraged by the Town of Vail Code and to provide uniformity of treatment among properties both in this project and in the greater neighborhood. 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. Applicant response: Due to the fact that the proposed (minor) expansion is at the rear of the property, and due to the fact that the steep and rapidly rising hillside at the back shields the property from the neighborhood, the requested variance should have no effect on any of the above. GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1147 info@gpsiorchitects.com ■ www.gpsiorchitects.com 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Adjacent Property Owners to Eiger Chalets: 1374 Sandstone Drive Residences @ Briar Patch, Parcel E c/o Brice and Catherine Tondre 228 Columbine Lane Evergreen, CO 80439-4326 1400 Briar Patch Lane Residences @ Briar Patch, Parcel F c/o Briar Patch Association 920 Shady Oak Lane Castle Rock, CO 80108 Sandstone Drive (open space) Lions Ridge Filing 4, Tract B c/o Lions Ridge #4 Homeowners Association c/o Snowden Smith 1493 Aspen Grove Lane Vail, CO 81657 1179 Sandstone Drive Lions Ridge Filing 4, Block 1, Lot 3 c/o David Gartner & Kristi Weinstock %19370 Walden Trail Wayzata, MN 55391 1330 Sandstone Drive Overlook at Vail c/o Overlook at Vail Homeowners Association c/o Crossroads Realty LTD PO Box 1292 Vail, CO 81658 �o Opt7J00� io/� m B — ani-Ja OUOIspue5 OLGI E £ til lO�a�� sloloq--) JOS! ytltl1 Lu > O EUI o go � J " < i wLLI Z y z k OL LU you° mL °�wQ�S� °mag N V N -- -_-_ > N Al J o A / i j ryp j N 6 o � J LLI wLLI Z y z k LU o z V N N N o J o A i Z H W z Z i w z w 11V1' to J o J g�W-N° °"oo rc�w rc5 °owz� dg=° aQN ➢U o°Qa °o°oo o w rod �mrc d o w °33ZK °d� a�0 jm Ac��O°�rc �z aJroN�O 0o Q Q tx°o a�J rv�0 a4�� do0 a�Kd J Q) 2 (K z k LU o z V N N N o J o A i Z H W z Z i w z w 11V1' to J o J J w aQN z d o w 0o Q Q tx°o w�2 a N 9 w Z N o x v <�a j o%o�z > an o w Z w oga v dos° m o z JNa� ° rcoa° WaoP w J �000 W �0°6 Z Q Qms> Q �s>P lh Yd>PF lh lei W <Ns 4a4r o i ---s -�-,i -- I -Tt AR z~ N AR zo O }O LU -� Lu K� OX —jlu �o aniva auoIspue5 OLGI E sl G1oq--) JOE! yLL O i ---s -�-,i -- I -Tt AR z~ N AR zo O }O LU -� Lu K� OX —jlu 7 0 0 g � 0 o -° 0 p o 0 0LL o o w luQ 0 aO w� QO Q --- ----- --- ----- - 0 ----- z 4 0 0K 0 spa � o 0 o IL wQ El ILIo 0 z� AR o 71 0 0 0 IL W Ij LQ � m -j----------------------------------- o �� w_NNW z ani-JQ auoIspue5 OLGIE slalbq--) JOE! H 7 0 0 g � 0 o -° 0 p o 0 0LL o o w luQ 0 aO w� QO Q --- ----- --- ----- - 0 ----- z 4 0 0K 0 spa � o 0 o IL wQ El ILIo 0 z� AR o 71 0 0 0 IL W Ij LQ � m -j----------------------------------- o �� w_NNW z H LdY Z � _ L� o av5� LL O "o 7 0 0 g � 0 o -° 0 p o 0 0LL o o w luQ 0 aO w� QO Q --- ----- --- ----- - 0 ----- z 4 0 0K 0 spa � o 0 o IL wQ El ILIo 0 z� AR o 71 0 0 0 IL W Ij LQ � m -j----------------------------------- o �� �o _ opn�olo� 'lines ani-Ja auoIspue5 OLGI w D ~ N X L W z 0 w iu z Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 8, 2013 SUBJECT: A request for the review of variances from Section 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 213, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130018) 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 213, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: Applicant: McDonald's USA, LLC, represented by Robert Palmer P.E. Planner: Jonathan Spence SUMMARY The applicant, McDonald's USA, LLC, represented by Robert Palmer P.E., is requesting four (4) variances that are necessary to facilitate the construction, in its proposed configuration, of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West. The requested variances are: • A reduction in the required landscaping from 25% of site area to 9% (6,250 sq. ft. required, 2,362 sq. ft. proposed) • A reduction in the required snow storage from the required 30% of hardscape to 19% (4,666 sq. ft. required, 3,005 sq. ft. proposed) • A reduction in the required parking space dimension from 9 feet by 19 feet to 9 feet by 18 feet. • The placement of parking within the required 20 foot front setback area. At this time the applicant is also requesting review of a conditional use permit to allow for a drive -up facility. The existing property, because of its development in the county, is not in compliance with many of the required design and dimensional standards. Although recognizing that variances may be granted in specific circumstances when the criteria is met, staff believes that the razing of the existing building presents an excellent opportunity to vastly improve this commercial node with appropriate, code compliant redevelopment. Based upon Staff's review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of all four (4) variance requests and denial of the conditional use permit, subject to the findings noted in Section IX of this memorandum. A vicinity map (Attachment A), the applicants' request (Attachment B), and proposed plans (Attachment C) are attached for review. II. DESCRIPTION OF REQUEST The applicant, McDonald's USA, LLC, represented by Robert Palmer P.E., is requesting the following four (4) variances: • A reduction in the required landscaping from 25% of site area to 9% (6,250 sq. ft. required, 2,260 sq. ft. proposed) • A reduction in the required snow storage from the required 30% of hardscape to 19% (4,666 sq. ft. required, 3,005 sq. ft. proposed) • A reduction in the required parking space dimension from 9 feet by 19 feet to 9 feet by 18 feet. • The placement of parking within the required 20 foot front setback area. At this time the applicant is also requesting review of a conditional use permit to allow for a drive -up facility. The requested variances and conditional use permit are necessary for the proposed development that will include an approximately 3,330 S.F. single -story building with bicycle parking, separate cash handling and food pick up windows, new landscaping, new lighting, and seating for approximately 29 patrons. The seating capacity is a dramatic reduction from the current restaurant that seats 92 guests. The building is generally oriented towards the northeast with single pedestrian doors located on the northeast and northwest facades. The drive -up operation encircles the building on three 2 sides with the cash and food pick ups windows on the Frontage Road elevation. The applicant has submitted a trip generation comparison that has been accepted by the engineering department. It is important to note the inter -relationship between the snow storage and landscape variances and the conditional use permit for the drive -up facility. It is the extensive circulation and stacking of automobiles consuming a large portion of the site that necessitates the need for significant snow storage, snow storage that is unavailable because the landscape areas are compromised by the excessive pavement. Because the need for variances stems from a site configuration designed principally address one operating characteristic of the site, the drive -up, the need for the variances can only be removed through a redesign of the site plan. The applicant references attempts to rotate the building 180 degrees to orient the building more directly towards the Frontage Road and the front of the lot. This option was discarded because of the site plans adverse effects on the adjacent property resulting from vehicle stacking. The choice between that site plan and the one proposed today is a false choice as other options are available. Two ideas to consider incorporating are: • The site plan for the McDonald's on Colfax Avenue in the Capital Hill neighborhood of Denver, included as Attachment F. Removing the parking between the building and the Frontage Road, moving the building towards the front of the lot and redesigning the architecture and pedestrian entrances to orient more forcefully towards the street. This has the potential to increase the areas for additional landscaping and snow storage and removes the need for the parking location variances. An argument may be made that the proposed razing and redevelopment of the site will be a net benefit due to the improvements to the efficiencies and operations of the drive -up and its associated stacking and circulation. The replacement of one nonconforming development with another that addresses one operational characteristic at the expense of others is not a net benefit. Staff does not support the justification that redevelopment is a benefit over the existing conditions. III. BACKGROUND INFORMATION The existing McDonald's restaurant opened in 1977 prior to the annexation by the Town of Vail in 1982. The adjacent Holiday Inn building to the west and the Sports Authority building to the north were also built prior to annexation. McDonald's received approval for the tower element and an exterior renovation of the building in 1998 that was completed in 1999. In 2002, McDonalds applied and received approval for a 115 square foot addition for a "cash" window to supplement the drive -up operation. This approval was not acted upon and has since expired. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Land Use Plan (in part) 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.. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part) il Community Commercial -This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Title 12, Zoning Regulations, Vail Town Code (in part) Section 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT (in part): The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Drive -up facilities Section 12-16: CONDITIONAL USE PERMITS (in part): 12-16-1: PURPOSE, LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 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. V. SITE ANALYSIS Address: 2171 North Frontage Road West Property Zoning: Commercial Core 3 (CC3) District Surrounding: West, Commercial Core 3 (CC3) District East, Commercial Core 3 (CC3) District North, Commercial Core 3 (CC3) District South, North Frontage Road and 1-70 Property Land Use: Community Commercial Surrounding: West, Community Commercial, Holiday Inn East, Community Commercial, West Vail Mall North, Community Commercial, West Vail Mall South, North Frontage Road and 1-70 Dimensional Standard Requirement Proposed Minimum Lot Size 25,000 sq. ft. 100' frontage 25,003 sq. ft. 196' frontage Site Coverage 40% 13.3% Height Flat/mansard-35', sloped -38' Flat 33' Setbacks Front 20 feet 53'-6" (South) Sides 20 feet 24'-8" (East) 68' (West) Rear 20 feet 46'-8" (North) Landscaping 25% of site meeting minimum dimensional/size standards* 2,362 square feet or 9% per standard Parking Quantity 10 space incl. accessible 20 spaces incl. accessible S ize 9' by 19' 9' by 18' Location Not located within required front setback area Within front setback Snow Storage 30% of hardscape meeting snow storage definition** 3,005 square feet or 19 % per standard * The Vail Town Code requires all landscaping areas that are to be used to meet the landscaping requirement to be a minimum of 15 feet in length and width and a I minimum of 300 square feet. Staff has prepared an exhibit accurately measuring the proposed landscaping. It is included as Attachment D. ** The Vail Town Code requires functional snow storage areas to be free of trees and designed to accommodate snow storage. Staff has prepared an exhibit measuring the proposed snow storage that is not encumbered by trees or other items such as menu boards. This exhibit is included as Attachment E. VI. REVIEW CRITERIA, REQUEST #1, VARIANCES The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Snow Storage- The applicant's requested relief from the snow storage requirements is significant and is incompatible with the existing uses and structures in the vicinity. The lack of necessary snow storage will have deleterious effects on neighboring properties due to the need for increased snow hauling and the negative impacts associated with it. Landscaping- The applicant is proposing a quantity of landscaping considerably less than that required by code. The lack of adequate landscaping will have negative effects on the existing and future users in the vicinity through ineffective buffering between properties, reduced air quality, increased stormwater runoff, increased ambient temperatures caused by heat islands and the lowering of aesthetic values. Parking in Front Setback Area -The requested placement of parking in the front setback will have a negative effect on the existing and potential uses and structures in the area. As redevelopment occurs in the West Vail area, the requested variance at this high profile location will detract from the beatification and pedestrian ization of this area. The argument that only with the granting of this variance will potential traffic problems with properties in the vicinity be avoided is a false one as all possible alternatives have not been explored. One possible solution to one challenge (traffic) should not result in multiple variance requests. Parking Space Size -Town standards have been reviewed and adopted to address the true parking needs that exist in our community. Inconsistencies are problematic for residents and visitors alike. The existing conditions stemming from earlier development in Eagle County prior to annexation are not a rationale for the granting of variances. The property meets the minimum lot size for the zone district, is not an unusual shape, and does not contain other impediments to meeting the code requirements such as topography or other 7 natural features. Therefore, Staff believes that individually and in their totality the requested variances will result in a negative relationship with existing and 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. Snow Storage- The applicant's requested relief from the snow storage requirements is not necessary in order to achieve compatibility and uniformity of treatment among sites in the vicinity. Snow storage is an important element of site planning and development in this winter environment. Large storms and significant parking demand requires adequate, effective snow storage. The granting of relief would result in a grant of special privilege. All redevelopment will be required to provide adequate snow storage. Landscaping- The proposed landscaping areas are considerably less than that required by code. Other properties in the vicinity are treated uniformly in this regard and if currently nonconforming will be required to provide the minimum required landscaping upon redevelopment. Parking in Front Setback Area -The granting of a variance to allow the placement of parking in the front setback is not necessary for this property to be treated uniformly with other sites in the vicinity. All sites will be required to meet this requirement upon redevelopment. Parking Space Size -All properties are required to meet the minimum parking space requirements. The assertion by the applicant that this is not problematic at other McDonald's in the country fails to appreciate the challenges associated with winter weather conditions. Parking spaces meeting the dimensional requirement are necessary because of large vehicles, drivers unfamiliar with winter conditions and the impact of snow on available areas. Relief is not necessary to achieve compatibility and uniformity of treatment. Existing nonconformities on sites in the vicinity does not justify the granting of variances for this property. It is inappropriate to grant variances to achieve compatibility with nonconforming conditions. One of the goals of zoning with respect to nonconforming properties is to achieve compliance as redevelopment occurs. Therefore, Staff believes the requested relief is not necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without 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. M Snow Storage- The applicant's requested relief from the snow storage requirements will necessitate increase snow hauling that will have negative impacts on air quality, the transportation system and potentially public safety. The McDonald's restaurant is open 24 hours, which does not allow any opportunity for snow hauling in the absence of the general public. The use of heavy machinery necessary for snow hauling is incompatible with the public use of the facility and does create unsafe conditions. Landscaping- The applicant is proposing a quantity of landscaping considerably less than that required by code. The lack of adequate landscaping will result in reduced air quality. Parking in Front Setback Area -The rationale for placement of parking in the front setback is that no other configuration is achievable that does not negatively impact adjacent properties. The applicant is attempting to accommodate a level and type of operation that may be inappropriate for the site. The property's conforming lot size and the historical use of the property as a McDonald's restaurant are not a hardship and are not justifications for the granting of variances. Parking Space Size -The requested reduction in parking space dimensions may have a negative effect on public safety as it will lead to increased congestion and the need for additional turning movements that will further compromise the already challenged pedestrian experience. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VII. REVIEW CRITERIA, REQUEST #2, CONDITIONAL USE PERMIT Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed conditional use permit is inconsistent with the development objectives of the Town. The proposal results in the domination of the site for automobile circulation. This is done at the expense of adequate operational and aesthetic components and will detract from the vitality of the existing commercial area. Although the redevelopment may be argued to be an improvement over existing conditions related to vehicular stacking, it is done so to the detriment of the property as a whole. The proposal is not in keeping with the following goals and policies of the Vail Land Use Plan: I 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed configuration of the drive -up operation and its resulting inability to meet site requirements related to landscaping, parking and snow storage will have a negative impact on air quality. The site plan's overemphasis on the automobile results in adverse conditions for pedestrian users and discourages modal shifts away from motorized vehicles. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The proposed drive -up operation may have the limited benefit of reducing the impact of vehicle stacking on adjacent properties but does so at the expense of pedestrian safety and adequate snow removal operations. Staff recognizes that site planning requires the accommodation of often competing objectives. The drive -up operation dominates the site and the resulting effort to address its potential negative impacts on adjacent properties has created new unacceptable operational and visual site characteristics. Also of concern related to congestion and traffic flow is the unavailability of loading and delivery areas. Trash removal is accommodated through an easement on the West Vail Mall property but loading and deliveries will occur within the vehicle traffic ways, further congesting the site and its operation. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The scale of the drive -up operation and the resulting decrease in indoor seating will have a detrimental effect on the character of the area through reduced pedestrian ization and the encouragement of single purpose automobile trips. The necessary requested variances to snow storage, landscaping, site orientation and parking space dimensions to accommodate the drive -up in its proposed configuration will negatively impact surrounding uses and future redevelopment efforts. 10 VIII. STAFF RECOMMENDATIONS Variances The Community Development Department recommends denial, of the requested variances from Section 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding restaurant building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny these variance requests, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the applicants' request for variances from Section 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny the requested variances, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section VII of the July 8, 2013 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Community Core 111 District. 2. The granting of this variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is not warranted for the following reasons: 11 a. The strict literal interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are not exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Commercial Core 111 District. C. The strict or literal interpretation and enforcement of the specified regulation will not deprive the applicant of privileges enjoyed by the owners of other properties in the Commercial Core 111 District." Conditional Use Permit The Community Development Department recommends denial of the 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 213, Vail Das Schone Filing 3. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the Conditional Use Permit pursuant to 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 213, Vail Das Schone Filing 3, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the July 8, 2013 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is not consistent with the development objectives of the Town. 2. The proposed conditional use permit will have negative effects on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 12 3. The proposed conditional use will have negative effects upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. 4. Th e proposed conditional use will have negative effects upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses." X. ATTAC H M E N TS A. Vicinity Map B. Applicant's Narrative including variance and conditional use request. C. Plans D. Staff's Landscaping Analysis E. Staff's Snow Storage Analysis F. Denver McDonald's Layout 13 -- jt coal" o� i " a F jt o� i " a F i �i OLF 5tratqk and 5olutions, Inc Civil Engineering • Land Planning • Entitlements Friday, May 24, 2013 Attn: Mr. Warren Campbell Town of Vail: Department of Community Development 75 South Frontage Road Vail, CO 81657 RE: Variance Request (McDonald's Raze and Rebuild at 2171 N. Frontage Road West) Dear Mr. Campbell, As we have discussed, our client McDonald's USA, LLC, is planning the redevelopment of their existing restaurant located at 2171 N. Frontage Road West. The proposed development will include an approximately 3,330 S.F. building with generous bicycle parking, tandem drive-thru capability, enhanced landscaping, new lighting, and seating for approximately 29 patrons. As part of the proposed development, the existing site will be razed and new pavement, lighting, utilities, and landscaping will be provided. The site is located at 2171 N. Frontage Road West. The site is bounded on the north and east by an existing shopping center, on the west by a hotel and drive aisle, and on the south North_ Frontage Road. �f _I- As you can see from the enclosed Site Plan, careful consideration was given to the layout of the planned McDonald's site. However, because of the existing conditions, McDonald's is requesting a variance to allow landscaping areas less that 15' -feet in width, 16.6% total landscaping, parking within the front setback, and to allow the parking space overhang to count towards the parking stall depth. Mr. Warren Campbell Variance Request Friday - May 24, 2013 Page 2 Strate?k Land Solutions, Inc Civil Engineering • Land Planning • Entitlements The proposed site will increase landscaping over the existing site. Additionally, the site landscape has been designed to incorporate the adjacent offsite landscaping to create a landscape buffer meeting the intent of the code. The parking located within the front setback matches the current location of parking on the site, and the proposed 9'x 18' parking spaces match the current parking space size on the lot. McDonald's standard parking space size is 9'x18', which is used across the country without difficulty. Furthermore, the proposed design would allow for vehicle overhang at all locations. The sidewalk along the building is 8 -feet wide, because McDonald's has found that regardless of the parking lot depth most patrons pull forward until their tires reach the curb. Therefore, using a smaller walk along their building restricts the sidewalk, because vehicles will over have up to 2 -feet into the sidewalk. McDonald's has found that using parking blocks in areas where frequent snow plowing occurs is problematic for maintenance. Strict interpretation of the setback and parking size regulation would eliminate over half of the site parking, and would require abandoning the raze and rebuilding of the site. The hotel and bank to the west of the site both have parking located within their front setback. Furthermore, the limited site size, the required access to the shared trash enclosure area (Sports Authority also has an easement to access the area in front of their store), and the grade difference from N. Frontage Road provide site conditions which severely restrict development of the parcel. The proposed site plan uses McDonald's smallest available building to allow the maximum amount of parking. McDonald's legal team has concluded that a two-story building would not be acceptable for this location, because of the increased liability. They are specifically concerned with having patrons navigate stairs while carrying food, in a location where patrons would have snow on their shoes, may be wearing ski or snow board boots, or would simply have wet footwear. As described in this letter McDonald's is requesting a variance to allow landscaping areas less that 15' -feet in width, 16.6% total landscaping, parking in the front setback, and to allow vehicle overhang to count towards parking requirements. These variances are required to enable McDonald's to rebuild their existing restaurant. The proposed restaurant would allow McDonald's to better serve their customers, and would update the location with a building designed to match the surrounding development. Please feel free to call me if you have any questions. Sincerely, STRATEGIC LAND SOLUTIONS, INC. 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MoillNa[31LU]I3Nlu1e0]yvJllelN�saleNoo]NiL —09OOtlt101O] 'NNN30 'OOfI 311f5 '133N15 tl31S1f1 S f>9> $$3NOOtl b9Zb ffi N01MID �FZM@UgM LU Lu It I 53tl a3nN34 33 � � a q e � ./,� mr Nnroi LE -N34 :a z o p � � 3o g � � z J IJJD �os.U,rax�a�� ex,� va•,�µ o�coa.,�a,� Fav nr� oNr i�� oa �,oa ��,- o e M N \ m � m o lltln 1$3N1 OVOd 3`JV1NOdj H1dON LGLZ lb f103 0 J _ Y Q o g Q 5 - aza - 9 N c axx 3 O O L N o O d OI •- N •- N !ae a k k N _ a 00 N H O 3 m D) L W 1 I v W I II _ J I xx ® — / o � PIESIS � tsu NY £EZEa ...... MoillNa[31LU]I3Nlu1e0]yvJllelN�saleNoo]NiL —09OOtlt101O] 'NNN30 'OOfI 311f5 '133N15 tl31S1f1 S f>9> $$3NOOtl b9Zb ffi N01MID �FZM@UgM LU Lu It I 53tl a3nN34 33 AIL Ad Name: 9342915A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/5/2013 and that the last publication of said notice was dated 7/5/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 07/12/2013. 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 07/12/2013. ( 2mg-& 9. -'— Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 PLANNING AND ENVIRONMENTAL COMMISSION July 8, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Eiger Chalets - 1370 Sandstone Drive, Unit 14 15 minutes 1.A request for the review of a variance from Sec- tion 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the rear setback, located at 1370 Sand- stone Drive, Unit #14, Eiger Chalets, and setting forth details in regard thereto. (PEC130019) Applicant: Andy Sigfusson, represented by GPSL Architects Planner: Jonathan Spence ACTION: MOTION: SECOND:VOTE: CONDITION(S): 30 minutes 2.A request for the review of variances from Sec- tion 12-7D-9 Landscaping and Site Development, Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for re- lief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, cir- culation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth de- tails in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: MOTION: SECOND:VOTE: CONDITION(S): 20 minutes 3.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 facil- ity, 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: MOTION: SECOND:VOTE: CONDITION(S): 4.A request for the review of a variance from Sec- tion 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-fam- ily 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 August 12, 2013 MOTION: SECOND:VOTE: 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 Manage- ment 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 July 22, 2013 MOTION: SECOND:VOTE: 6.Approval of June 24, 2013 minutes MOTION: SECOND:VOTE: 7.Information Update 8.Adjournment MOTION: SECOND:VOTE: The applications and information about the propos- als are available for public inspection during regu- laroffice hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional in- formation. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Im- paired, for information. Community Development Department Published July 5, 2013 in the Vail Daily. (9342915) Ad Name: 9292420A 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 6/21/2013 and that the last publication of said notice was dated 6/21/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 06/27/2013. 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 06/27/2013. 2mg-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 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 July 8, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development, Sec- tion 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for re- lief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, cir- culation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth de- tails in regard thereto. (PEC130018) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence A request for the review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to al- low for the construction of gross residential floor area within the rear setback, located at 1370 Sand- stone Drive, Unit #14, Eiger Chalets, and setting forth details in regard thereto. (PEC130019) Applicant: Andy Sigfusson, represented by GPSL Architects Planner: Jonathan Spence 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 June 21, 2013, in the Vail Daily. (9292420)