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HomeMy WebLinkAbout2014-0113 PECTOWN OF VAIt f PLANNING AND ENVIRONMENTAL COMMISSION January 13, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 45 minutes 1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive 2. Vail Marriott Mountain Resort - 715 West Lionshead Circle 5 minutes 1. A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 2. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC130043) Applicant: HCT Development, LLC, represented by TJ Brink Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130041) Applicant: Williams Family Trust, represented by Devlin Law Group Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): Page 1 15 minutes 4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): 15 minutes 5. 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: MOTION: SECOND: VOTE: CONDITION(S): 30 minutes 6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to increase the number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042) Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 7. A request for the review of a variance from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit 33 /Lot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025). Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc Planner: Joe Batcheller ACTION: Table to February 24, 2014 MOTION: SECOND: VOTE: 8. 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: Table to March 10, 2014 MOTION: SECOND: VOTE: Page 2 9. 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: Jonathan Spence ACTION: Table to March 10, 2014 MOTION: SECOND: VOTE: 10. Approval of December 16, 2013 minutes MOTION: SECOND: VOTE: 11. Information Update 12. 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 January 10, 2014 in the Vail Daily. Page 3 TOWN OF 9VAt PLANNING AND ENVIRONMENTAL COMMISSION January 13, 2014 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz Henry Pratt Susan Bird John Rediker Luke Cartin Pam Hopkins MEMBERS ABSENT Bill Pierce Site Visit: 1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive 2. Vail Marriott Mountain Resort - 715 West Lionshead Circle 45 minutes 5 minutes A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Joe Batcheller Joe Batcheller briefed the Commission on the nature of the CUP request and the administrative approval thereof. Commissioner Cartin asked if Community Development had received any feedback from neighboring property owners. Joe Batcheller answered no. Commissioner Rediker asked if any complaints had been filed since the previous CUP approval. Joe Batcheller answered no. There was no motion to call up the administrative approval. 20 minutes 2. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC130043) Applicant: HCT Development, LLC, represented by TJ Brink Planner: George Ruther ACTION: Approved MOTION: Kurz SECOND: Rediker VOTE: 6 -0 -0 George Ruther gave a presentation per the staff memorandum. Commissioner Kurz asked if rockfall hazard mitigation was needed. George Ruther answered no. Page 1 Commissioner Pratt asked if this would facilitate the sale of said property. George Ruther stated that would eventually occur. The applicant had nothing further to add. There was no public comment. The Commission had no further comment or questions. 20 minutes 3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130041) Applicant: Williams Family Trust, represented by Devlin Law Group Planner: Warren Campbell ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 3 -1 -2 (Rediker opposed, Hopkins and Bird recused) Commissioners Bird and Hopkins recused as they had conflicts of interest Jonathan Spence gave a presentation per the staff memorandum. Commissioner Kurz asked George Ruther if Community Development is concerned that an approval would grant a special privilege and how precedence might be set. George Ruther stated that staff is satisfied if the PEC finds that there is no grant of special privilege. This is a case by case review and barring no broad reaching statements within the findings, there would be no precedence. Dominic Mauriello gave a presentation, speaking to the criteria for approval. He suggests that an additional finding be made stating the following: "The variance allows this lot to be a conforming lot with respect to density /lot size and the variance does not expire, and survives demolition and redevelopment of the property." Commissioner Kurz inquired as to staff's agreement with the suggested additional finding which would grant the variance in perpetuity should the existing structure be demolished ?" George Ruther stated that this request is somewhat unique. The subject at hand is a constraint resulting from the lot, not the structure. Therefore Community Development is comfortable with this finding so as not to create confusion in the future should the structure be demolished. Commissioner Cartin inquired as to whether staff ever recommended a variance with a similar finding extending conformity beyond the life of the structure. George Ruther explained that this was not a typical scenario. Jonathan Spence stated that the proposed finding would give clarity to what can occur on this lot in the future. Commissioner Kurz stated that this finding creates a unique approval, yielding to no possible future precedence. Page 2 John Rediker stated his opposition because he felt that when zoning regulations change people find themselves in similar situations that create hardships. Such an approval would create precedence in his opinion. 15 minutes 4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Braun Associates Planner: Warren Campbell ACTION: Approved MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0 Commissioner Pratt explained that items 4 & 5 will be discussed together, but voted upon separately. Jonathan Spence gave a presentation per the staff memorandum. Tom Braun gave a power point presentation. Commissioner Kurz stated that the request was a good solution to a clear hardship. Commissioner Rediker agreed there was a clear hardship. The remaining Commissioners stated there agreement regarding a clear hardship. There was no public comment. 15 minutes 5. 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 Braun Associates Planner: Warren Campbell ACTION: Approved MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0 This item was discussed in conjunction with Item 4 above. 30 minutes 6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to increase the number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042) Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects Planner: Jonathan Spence ACTION: Approved MOTION: Cartin SECOND: Bird VOTE: 5 -0 -1 (Pratt Recused) 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. Page 3 2. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12 -23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 3. A traffic mitigation fee of $6,500.00 per PM Peak Hour net increase of vehicular trips for a total traffic mitigation fee of $6,500.00 x 9 = $58,500.00, shall be paid to the Town of Vail by the applicant prior to issuance of any certificate of occupancy. Commissioner Pratt recused himself due to a conflict of interest. Luke Cartin explained he has no conflict of interest. Jonathan Spence gave a presentation. Susan Bird asked for clarification on the elevation drawings. Jonathan Spence walked Commissioner Bird through the plans. Commissioner Kurz opened up public comments. Jeff Andrews, representing Vail Spa — "Will the roof height increase at all ?" Jonathan Spence answered no and explained why. Jeff Andrews asked if the new northeast unit will expand the current roof form. Jonathan Spence answered no. Commissioner Kurz commented the need for this proposal. Luke Cartin agreed. Jonathan Spence detailed the parking requirement and the existing number of spaces under control of the Marriott Michael Kurz asked when the fee -in lieu for commercial linkage was due. Jonathan Spence explained at the time a building permit application is submitted. 7. A request for the review of a variance from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit 33 /Lot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025). Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc Planner: Joe Batcheller ACTION: Table to February 24, 2014 MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 8. 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: Table to March 10, 2014 Page 4 MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 9. 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: Jonathan Spence ACTION: Table to March 10, 2014 MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 10. Approval of December 16, 2013 minutes MOTION: Kurz SECOND: Hopkins 11. Information Update 12. Adjournment MOTION: Cartin SECOND: Bird VOTE: 5 -0 -1 (Pratt Recused) 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 Published January 10, 2014 in the Vail Daily. Page 5 TOWN OF VAIL � Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 13, 2014 Subject: 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) A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Braun Associates Planner: Warren Campbell I. SUMMARY The applicant, Todger Anderson, represented by Braun Associates, is requesting a density variance to allow for an increase in the allowable number of dwelling units upon the Casolar Vail property which is zoned Residential Cluster (RC) district. The requested variance will allow for two remaining undeveloped platted lots, Lots 4 and 5, to be developed within Casolar Vail. An additional application to relocate the boundaries of platted Casolar Vail, Lot 5 has been submitted to facilitate the development of the lot. The proposed relocation of Lot 5 is necessitated due to the construction of structures within the boundaries of Lot 5 for the developed adjacent Lot 6 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 the Planning and Environmental Commission approves these applications subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Todger Anderson, represented Braun Associates, has submitted two applications to facilitate development upon Lots 4 and 5 of Casolar Vail which are currently vacant. Casolar Vail was approved in 1978 with 10 platted lots containing 19 dwelling units (nine (9) two - family duplex structures and one single - family structure). Pursuant to the development plan approval for Casolar Vail, Lot 4 was identified as containing a single - family structure of 1,690 square feet of GRFA and Lot 5 was identified as containing a two - family duplex structure of 3,380 square feet. The total number of dwelling units and GRFA approved for Lots 4 and 5 were three (3) dwelling units and 5,070 square feet of GRFA. As a result of amendments to the density control section of the RC district in 1979 (approximately one (1) year after the development plan approval for Casolar Vail) the development was rendered nonconforming with regard to the number of allowable dwelling units permitted. The 1979 RC district amendments changed the calculation of allowable density from a calculation based upon the total site to a calculation based upon "buildable area ". As buildable area removes those portions of a site which exceed 40% in slope from the calculation of allowable density, Casolar Vail was impacted due to portions of the property containing slopes in excess of 40 %. The effect of this change in density calculation was a reduction in the allowable number of dwelling units from 19 to 14. The requested variance proposes to reestablish the ability to develop Lots 4 and 5. The request proposes to establish the allowable density for Casolar Vail at 18 dwelling units, with Lots 4 and 5 being permitted a single - family structure on each lot. The request proposes to split the previously approved GRFA for Lots 4 and 5 at 2,535 square feet for each lot for a total of 5,070 square feet. In order to pursue the development of Lot 5, an exemption plat application has been submitted to relocate Lot 5 by shifting the lot north approximately 20 feet. This proposal is necessitated by the construction of the driveway access for the duplex structure currently constructed on the adjacent Lot 6, within the platted boundaries of Lot 5. A vicinity map (Attachment A), the applicant's written request for the density variance (Attachment B), the applicant's written request for the exemption plat (Attachment C), and the proposed amended plat for Lot 5 (Attachment D) are included for review. III. BACKGROUND In 1978 the development plan for Casolar Vail was approved by the Town of Vail pursuant to the RC district. The development plan included 10 platted lots containing 19 dwelling units. In 1979 zoning code amendments changed the methodology for the calculation of allowable density within the RC district. The result of this amendment was the reduction in the number of allowable dwelling units within Casolar Vail from 19 to 14. There are currently 16 dwelling units constructed within Casolar Vail. Town of Vail Page 2 As a result of the 2004 GRFA calculation and measurement amendments, a revised density and GRFA analysis was required of preexisting developments to establish remaining development potential. This recently completed analysis identified the nonconformity with regard to density within Casolar Vail. IV. APPLICABLE PLANNING DOCUMENTS Chapter 12 -6E: Residential Cluster 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 -8: Density Control: A. Gross Residential Floor Area: Not more than thirty six (36) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. A dwelling unit in a multiple - family building mar include one attached accommodation unit no larger than one -third ( /3) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. Chapter 12 -17: Variance (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. Town of Vail Page 3 Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Chapter 12 -18: Nonconforming Sites, Uses, Structures and Site Improvements (in part) 12 -18 -1: Purpose: This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12 -18 -2: Continuance: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. 12 -18 -5: Structure and Site Improvement: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations. A. Lot And Structure Requirements. Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards, and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. B. Density Control. Structures which do not conform to density controls (includes GRFA and dwelling units /acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. Town of Vail Page 4 C. Open Space And Landscaping. Structures or site improvements which do not conform to requirements for usable open space or landscaping and site development may be enlarged; provided, that the usable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement. D. Off Street Parking And Loading. Structures or site improvements which do not conform to the off street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing off street parking and loading facilities and the standards prescribed by this title shall not be increased. Title 13: 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 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. Town of Vail Page 5 V. ZONING ANALYSIS Address: 1141 through 1191 Casolar Del Norte Drive Legal Description: Lots 1 — 10, Casolar Vail Zoning: Residential Cluster District Land Use Plan Designation: Low Density Residential Current Land Use: Two - family Structures Geological Hazards: Medium Severity Rockfall Standard Allowed /Required Existing Proposed Development Area 139,392 sf (3.2 acre) no change no change Lot Area 2,400 sf 2,400 sf no change (each of the 10 lots) GRFA 37,800 sf 29,950 sf no change Density 14 DUs 16 DUs 18 DUs Setbacks Front 20 ft 20 ft no change Sides /Rear 15 ft/ 15 ft 15 ft no change VI. SURROUNDING LAND USES AND ZONING Existing Use North: Single- family Residential South: Multi- family Residential East: Two - family Residential West: Multi- family Residential VII. CRITERIA FOR REVIEW Variance Review Criteria Zone District Single- family District SDD No. 5, Vail Run Resort/ Simba Run Low Density Multiple - family District Residential Cluster District 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The Casolar Vail subdivision was recorded on June 19, 1978, containing 10 residential lots. The location of Lots 4 and 5 Casolar Vail is at the terminus of Casolar Del Norte Drive, a private road serving only the Casolar Vail development. Lots 4 and 5 are the only undeveloped lots within Casolar Vail. The developed lots within Casolar Vail are all two - family duplex structures. The variance proposal requests that the allowable density for the structures on Lots 4 and 5 be single - family residences, which is a reduction in the number of dwelling units included in the approved development plan by one (1). The proposed allowable GRFA for Lots 4 and 5 will total the 1978 development plan Town of Vail Page 6 approved GRFA for the lots (5,070 sf). If approved, the structures constructed on Lots 4 and 5 will be of a scale which reflects the current structures in Casolar Vail. Therefore, Staff believes this proposal will not negatively affect 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. As previously discussed the development plan for Casolar Vail was approved prior to the adoption of the current regulations regarding the calculation of density based upor buildable area and not total lot area. The approved development plan included the platting of the 10 lots anticipated for future construction. Until recently, when an analysis was performed to calculate buildable area and measuring the existing GRFA, development on Lots 4 and 5 was anticipated. Additionally, there are currently 16 dwelling units constructed within Casolar Vail when only 14 are permitted. The 16 dwelling units on the site where all constructed prior to 1981. This resulted in an excess of 30 years of time passing before needing to determine the allowable density and GRFA for the development. This variance will result in the outcome which was anticipated since 1978 and had construction continued through the early 1980s all the structures would have been completed and this variance would not be necessary. This variance request will result in a reduction in the development plan approved density of 19 to 18 dwelling units (one single - family structure on each of Lots 4 and 5). Therefore, Staff believes the proposed relief from the density 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 variance request proposes to reestablish the development potential of two existing lots with Casolar Vail. The lots are currently undeveloped, however, were anticipated to be developed. If approved, the variance will permit the construction of a single - family structure on each of Lots 4 and 5. This construction will affect light and air, distribution of population, and traffic facilities within Casolar Vail. However, these impacts were anticipated and addressed in conjunction with the 1978 development plan approval. The current proposal will reduce the impact of vehicular trips within the Casolar Vail due to the reduction to one dwelling unit on Lot 5. There is no negative impact to public facilities and utilities, or public safety as a result of the development of Lots 4 and 5. Therefore, Staff believes the proposed variance conforms to this criterion. Town of Vail Page 7 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Exemption Plat Review Criteria 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 This proposal to relocate the boundaries of Lot 5 is to accommodate future construction of a structure on the lot which is currently impacted by the driveway access for the adjacent two - family duplex on Lot 6. It is unknown why or how the driveway access for the structure on Lot 6 was built within the boundaries of Lot 5. The proposed relocated building lot will maintain the existing dimensions and area of the current platted lot (40 ft X 60 ft). Staff believes the proposal to relocate and reconfigure the building envelope on Lot 5 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 relocate the boundaries of Lot 5 remains in compliance with the standards of Title 13, Subdivision Regulations, and Chapter 12 -6E, Residential Cluster, Vail Town Code. When the Casolar Vail subdivision was initially platted Lot 5 was in full compliance with the RC district. The current proposal is to change the configuration of the platted building envelope, while maintaining the current area of the building envelope, remains in compliance with all applicable standards, such as the 15 -foot side setback. Staff believes the proposed amended final plat which proposes to amend the building envelope for Lot 5 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 Casolar Vail subdivision. Staff believes that the proposed changes to the building envelope for Lot 5 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 8 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. Town of Vail Page 9 9. Such other factors and criteria as the Commission and /or Council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Variance The Community Development Department recommends approval, 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. 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: "The Planning and Environmental Commission approves the applicants'request for 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. " 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 Vll of the January 13, 2014 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 Town of Vail Page 10 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 District." Exemption Plat The Community Development Department recommends that the Planning and Environmental Commission approves the request for review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, 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 First Amended Final Plat, Casolar Vail, Lot 5, Town Of Vail, County of Eagle, State of 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, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, 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 makes the following findings: "1. 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 Town of Vail Page 11 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." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Written Application for the Density Variance dated September 2013 C. Applicant's Written Application for the Subdivision Amendment dated November 2013 D. Draft of the First Amended Final Plat, Casolar Vail, Lot 5, Town Of Vail, County of Eagle, State of Colorado Town of Vail Page 12 CASOLAR VAIL DENSITY VARIANCE APPLICATION September 2013 The purpose of this report is to provide information on a density variance proposed for Lots 4 and 5 of Casolar Vail. The following information is provided: • Summary of request • Background on Casolar Vail • Future Development of Lots 4 and 5 • Alternatives to proposed review processes • Evaluation of variance review criteria This application has been submitted by Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) in conjunction with the Casolar Vail Homeowners Association. Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. Due to a number of very unique circumstances (further described below), there is no remaining development potential necessary to allow for the construction of dwelling units on these two platted lots. This variance request to Section 12.6E.8 of the Vail Municipal Code (Density Control section of Residential Cluster (RC) Zone District) is proposed to re- establish development potential to allow for the construction of single family dwelling units on Lots 4 and 5 of Casolar Vail. The diagram below provides a context map for the Casolar Vail project. -�� Casolar I'ail Context .flap Ikw'itn Control V" Iri,tncc Rcquc�'t Casolar Vail Lots 4 und ; Background on Casolar Vail A review of Town of Vail files on Casolar Vail indicates that this project has an extensive and arguably complex history with respect to zoning and the development review process. This would appear to in part be due to the fact that zoning and annexation of the property was done in the late- 1970's; a time when Vail was under intense pressure from growth and development. In addition, files indicate that this was the first RC project to be reviewed and approved by the Town and that at that time neither the applicant nor the Town was prepared for dealing with the nuances of monitoring the development of a "cluster development" project. The challenges of this project are well- characterized by a staff memo for a 1981 variance request (for the adjoining Casolar II project) which stated "the applicant appears to be the innocent third party victim of extensive mis- handling of the project on the part of Mr. Knox (original developer) " and that "there never was a clear understanding on the part of staff as to the allocation of GRFA — aggregate or per unit ". In 1978 the applicant proposed and the Town approved a plat that created 10 small lots. A copy of this plat is found on the following page and Lots 4 and 5 are highlighted. Each of these ten lots are 2400 SF in size and as such none of them meet the minimum lot size prescribed by the RC Zone District. Given their size, these lots were essentially "building envelopes ", however, they were platted as fee simply properties and each were ultimately sold to individual owners with the understanding that they could be developed within the parameters established by town zoning and the Casolar at Vail CCR's. It was the intention of the project approvals in 1978 and as established in the Casolar CCR's that Lot 4 was to be developed with a single family home and Lot 5 was to be developed with a duplex. Inherent in the "cluster development" approach to the project was the fact that the development potential Casolar was to be determined based on the entire project area and development potential was then to be allocated to individual lots. While the lack of monitoring of development at Casolar as it occurred over time is an important part of the history and problems associated with this project, the real issue at hand are the implications from the 1979 change to the density control section of the RC district which effectively reduced the allowable development potential after the Casolar plat was approved by the Town. The key factors relative to the background of Casolar Vail and the proposed variance request are: • The Casolar Vail plat (refer to next page) was approved in February of 1978 and created 10 fee simple lots with common access and common areas surrounding all lots. This final plat approval arguably established a "vested right" for the development of homes on each of these ten lots. • A total of 19 dwelling units were proposed - the applicants CCR's designated Lots 1 -3 and 5 -10 as duplex lots and Lot 4 was designated a single family lot. The 19 units were equal to what the RC zoning allowed at that time (3.2 acre site at 6 units per acre equals 19 units). Dknsity Control V 11'IanCC Rcyucst -' UauAar Aail I ots 4 and • CCR's established by the applicant established a maximum GRFA of I.690SF per unit. This SF equates to a total of 32,110 SF, a square footage that was within what RC zoning would have allowed at that time. • In January of 1979 the Town modified the Density Control section of the RC district such that density was based on "buildable acres" of a site, not the gross acreage of a site. This change meant areas of steep slope did not count towards density calculations, effectively reducing allowable dwelling units from 19 to 14. • Between roughly 1979 to 1981 the town approved building permits for duplexes on eight of the lots comprising 16 total dwelling units. These 16 units exceeded the 14 units permissible by zoning after the change to density control. f)cnSiu C011trol V�IFMIICe RCyuc>t C'awlur A ail Leta d and i 1978 plat for Casolar Fail created ten lots. DCIII,i(\ COMI-01 V.FKIIICC RCCJLIC,t Vail l'ot", 4 to d 71 .r S. we Ud 7 e d, U) > 1978 plat for Casolar Fail created ten lots. DCIII,i(\ COMI-01 V.FKIIICC RCCJLIC,t Vail l'ot", 4 to d 71 .r S. we Ud The applicant for the variance request. Todger Anderson. has owned the subject properties since the early 1990's. A few years ago Mr. Anderson inquired with Town staff about the development potential of Lots 4 and 5. Mr. Anderson was told that all allowable GRFA and dwelling units for Casolar had been utilized. In response, the Homeowners Association commissioned a detailed topographic survey of the property to determine the project's buildable area. Mr. Anderson then retained Braun Associates, Inc. to evaluate the project's allowable GRFA dwelling units. GRFA Allowable GRFA based on the new site specific topographic survey is 37,800 SF. Based on square footage calculations of each existing unit the total existing GRFA within the project is 29,950 SF. As such, based on the CCR square footage maximum of 1,690 SF (or 5,070 for the three units), sufficient GRFA exists for the future development of Lots 4 and 5. However, Casolar is considered to be non - conforming with respect to density control because zoning allows for 14 dwelling units and 16 dwelling units currently exist. This also means there is no development potential available for the development of Lots 4 and 5. Density — Allowable Dwelling Units The 1979 change to the density control section of the RC zone district reduced the allowable number of dwelling units from 19 to 14. Between 1979 and 1981 the Town approved sixteen dwelling units and as such the existing density is not in conformance with allowable density. As such there is no remaining development potential for Lots 4 and 5. While changes to development regulations can often affect a property's development opportunities, in this case the change to density control eliminated all development rights on these two platted lots. The variance process was deemed to be the most appropriate and efficient means of remedying this extremely unique situation. Future Development of Lots 4 and 5 There is no development proposed at this time on Lots 4 or 5. With approval of this variance request the development potential of Lots 4 and 5 will be re- established in accordance with the original intention of the 1978 plat for Casolar. Prior to any development of these lots, review and approval of the new homes will be required by the Casolar Del Norte HOA and by the Town of Vail Design Review Board. It should be noted that while the original plans for Lots 4 and 5 included one single family residence of 1,690 SF and one duplex of 3,380 SF (for a total of 5,070 SF), development proposed by the applicant is for single family dwelling units on each lot with each dwelling unit being allowed up to 2.535 SF of GRFA (splitting the allowable 5,070SF between the two units). PCIIsIt% Control \ arioncc Ilcyucst C'asokll A ail Lots 4 mid Alternatives to Proposed Review Process The goal of the applicant is to re- establish the development rights for Lots 4 and 5 in accordance with the original intentions of the Casolar Vail plat. The variance process is in place. in part to address "exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties ". The situation with Lots 4 and 5 would certainly qualify as an exceptional or extraordinary circumstance. Other alternatives considered for resolving this situation included: • Special Development District The SDD process could be used to increase allowable development potential at Casolar Vail. However, given all factors involved this process would be unnecessarily burdensome. • Re -zone to Medium Density Residential (MDMF) Re- zoning to MDMF would allow 9 units per acre and create development potential for Lots 4 and 5. However, this re- zoning would also increase allowable GRFA to 44 SF per 100 SF of buildable area, a 22% increase over existing. This overall increase to development potential would likely create other unintended consequences. • Code Amendment The RC district could be amended in order to allow for more units per acre than currently provided. This amendment would affect many other properties and as such was not considered a viable way to address this situation. The variance process would clearly be the most efficient and appropriate avenue for resolving this situation. Evaluation of Variance Review Criteria Factors to be Considered The Planning Commission shall consider the following factors with respect to the requested variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity Response The variance request would merely re- establish development rights that were originally intended for these two lots. The proposed reduction from one single- t7 fainilv and one duplex to two single - family dwellinus will serve to improve the relationship with uses and structures in the vicinitv.� I)cnsit% Control Variancc RcyuC,t Casolar Vail Lots 4 and 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. Response The degree to which relief from the strict or literal interpretation and enforcement of a specific regulation is no more than what was intended by the original plans for Casolar and as reflected in the plat approved by the Town in 1978. In fact, the applicant has proposed a reduction in density from what was originally planned for the project. The essence of this request is simply to re- establish development rights that were originally intended for the project. 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. Response Lots 4 and 5 were always intended for residential development. As such no adverse impacts would be expected on any of the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Findings The Planning Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. Response Circumstance with the development of Casolar Vail and the change that was made to the density control section of the PA zone district has eliminated all development potential for Lots 4 and 5. This limitation is grossly inconsistent with limitations on other properties in the same zone district and within the same project. Approval of this variance would re- establish development rights originally established on Lots 4 and 5 and not be a grant of special privilege. 2. That the granting of the variance will not be detrimental to the public health, safety. or welfare or materially injurious to properties or improvements in the vicinity. Response I)cnsit C011tt-01 V'ari�tncc IZCyuCt — — — Ca,olm \ ml Lets 4 any{ Lots 4 and 5 were always intended to be developed with single family and duplex residences, respectively. As such. to re- establish these rights would not be detrimental to the considerations listed above. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulties or unnecessary physical hardship inconsistent with the objectives of this title. Response The change to density control approved in 1979 effectively removed development rights established by the Casolar Vail plat that was approved in 1978. The strict and literal enforcement of this regulation creates a very significant practical difficulty for the owner of Lots 4 and 5. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that does not apply generally to other properties in the same zone district. Response As outlined in the background section of this narrative, there are clearly exceptional and extraordinary circumstances or conditions applicable to Casolar Vail generally not found on other properties. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Response Strict or literal interpretation and enforcement of the specified regulations would clearly deprive the owner of Lots 4 and 5 privileges enjoyed by the owners of other properties in the same zone district and the owners of properties within the same project. I)CIIVt%- Conu-ol V" 11'iance Raluost Casolar A'ail Lots 4 mid CASOLAR VAIL SUBDIVISION AMENDMENT APPLICATION November 2013 The purpose of this report is to provide information on a proposed plat amendment to the Casolar at Vail subdivision. The following information is provided: • Summary of request • Background on Casolar Vail • Proposed Subdivision Amendment This proposal is a co- application submitted on behalf of Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) and the Casolar Vail Homeowners Association (owner of common area surrounding Lots 4 and 5). Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. At the time Casolar was platted the development of these lots was to include a single - family home on Lot 4 and a duplex on Lot 5 (note that a related variance request application would reduce the development potential to one single- family home on each of these lots. The diagram below depicts Casolar Vail in the context of the surrounding neighborhood. Casolar [pail Contest Ilap Casolar Aail flat :Amuulmcnt Lot 6 of Casolar is located immediately south of Lot 5. When Lot 6 was developed in the early 1980's the driveway was constructed with Lot 5. The encroachment of the driveway and related retaining wall impacts approximately 25% of Lot 5. There is no indication in either the town's files or the Casolar Association's records as to how this situation occurred. The purpose of the plat amendment is to shift Lot 5 to the north in order to eliminate the encroachment of the driveway and retaining wall. Background on Casolar Vail Casolar Vail was zoned and platted in the late- 1970's and town files indicate that this was the first Residential Cluster project to be reviewed and approved by the Town. The project created 10 small lots, each 40'x60' feet in size. While having the appearance of a building envelope, these are fee - simple lots. Land surrounding each lot is common area owned by the Casolar Homeowners Association. A copy of the original Casolar plat is provided below, Lots 4 and 5 are highlighted. F NAL I AT CA50LAR VAIL A RESU5UIVISION Of LOTS A-2 a A -9, BLOCK (.ION'S RICGE SJBOIV1510'J, TO'�YN OF VAIL, EAGLE COUNTY, COLORADO. Note- Phil arpnmed by Tot +n of Fail Pebruare 2, 1978 1 _ alLr Ro ',GLNEERir `1 /978 plat for Casolar ['nil created ten lots. Casolar Fail flat :Amendment '— Proposed Plat Amendment The propose amendment to the Casolar plat simply shifts Lot 5 to the north in order to eliminate the Lot 6 driveway encroachment. The extent of the shift is approximately 10'- 20'. Setbacks from the westerly Casolar property line are maintained and the re- located lot does not impact any existing utility easements. The new lot is approximately 10' north of the driveway retaining wall. This distance was provided in order to maintain an adequate separation from the wall and to also maintain a row of trees that have been planted along the retaining wall. No changes are proposed to the size of the lot and as such there is no reduction to the Association's common area. The sketch below depicts the existing Lot 6 driveway and retaining wall, the existing location of Lot 5 and the proposed location of Lot 5. Lot 4 remains unchanged. A copy of the amended plat is found on the following pages. Casolar Vail Plat AIIICIIC1111� lit I Proposed lot location per _ _ — _ '� =�- plat I_ot mrucr- aie nended taAed � +th green T posts L. i. ling bould--ll � A copy of the amended plat is found on the following pages. Casolar Vail Plat AIIICIIC1111� lit Cm^|m Vail Plat \nlcodmmt ^ A-177 60' LLI Cm^|m Vail Plat \nlcodmmt ^ 11/18/2013 Vail Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, co. 81657 RE: Todger Anderson /Casolar Del Norte Variance Request To whom it may concern, This letter is one of support for Mr. Todger Anderson and his request to change the density variance for lots numbers 4 and 5 in the Casolar Del Norte Subdivision. The Board of directors of the Casolar Del Norte Homeowners Association has finished a Special Meeting and has accumulated enough votes to support a majority of homeowners within the subdivision to empower the board of directors to sign off this request to allow Mr. Anderson to re -zone his existing lots with the subdivision. With that said we lend our support to Mr. Anderson and his representatives to pursue said actions with the Town of Vail and Eagle County. The variance request re- establishes Mr. Andersons' development potential of these two lots while keeping the spirit and density of the HOA intact and in the association's best interest. As president of the Casolar Del Norte Homeowners Association and with the full support of the majority of our membership we support Mr. Anderson's request for a re -zone of the two last remaining undeveloped lots in our HOA and ask that the Planning and Environmental Commission support this request as well. Please feel free to contact me with any questions or concerns, Kenneth O. Friedman, President Casolar Del Norte Homeowners Association 1150B Sandstone Drive Vail, co. 81657 970 - 476 -0388 970 - 390 -8381 kfriedman@ssv.net R P 8° o� m Y O Q :Hann Noe pit iql Q jai AW HIM w� - M maa 1 loan x 0.G Q z w w O E� wog was AM' °oE�w ! p' � _ °oa�E�o a� o�� °i w __ ry � P`°o-p�io.o�l II I � '�K'�'�ulU 4T A1-2 Av - 06 ti51 W \I - ai ro M �weoa:_ �n m N ISZ I a n m ti 0 � I ooN I I u o I I O I I I 3 < � O z � �m I ryi•1 r� -- b 0 <I W Z 04 Bpi �v / Jln Umi B�g o \ O II it it I 6 .. xW / oQ ax � o w F I TOWN OF VAIL 75 South Frontage Road West Community development Department Vail, Colorado 81657 970.479.2138 vailgov.com 970.479.2452 fax December 27, 2013 Town of Vail Planning and Environmental Commission and Adjacent Property Owners Re: A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing temporary conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Joe Batcheller Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Staff has approved an amendment to an existing conditional use permit and its conditions of approval for Vail Cascade Resort and Spa's continued use of the tennis facility for conferences and conventions located at 1300 Westhaven Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A). Staff's approval removes the previous condition for expiration after a five year period, as this condition set a timeframe for a trial period. The Vail Cascade Resort and Spa has proven to operate conferences and conventions in a manner as intended and therefore the periodic review of future amendments is not deemed necessary by staff. The conditional use permit for the use of the tennis facility for conferences and conventions was conditionally approved on December 10, 2007, with an expiration of December 31, 2013. Staff's approval includes the following conditions: 1. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Police and Public Works Department approval of a "parking management plan ". This parking management plan is only to be implemented on short term, temporary basis and must address all operational issues, such as traffic and pedestrian safety, snow maintenance, 1 enforcement, duration, etc. This management plan shall also prioritize parking locations associated with this conditional use permit as follows: a. Existing Cascade Village Parking Structure; then, b. Lionshead Parking Structure with shuttle service provided by the applicant; then, c. North side of the South Frontage Road only adjacent to the Cascade Resort and Spa building between the south guardrail and the Westhaven intersection. 2. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Fire Department "pre- approval" of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. The applicant shall submit a report of upcoming conferences to the Town of Vail Staff on an annual basis The Town of Vail Staff has determined that this amendment to the approved conditional use permit for the use of the tennis facility for conferences and conventions meets the review criteria prescribed by Section 12- 16 -10, Amendment Procedures, Vail Town Code. This administrative approval of a conditional use permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, January 13, 2014, public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by any adjacent property owners, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12 -3 -3, Appeals, Vail Town Code. Please feel free to contact me should you have further questions. I can be reached by phone at 970 - 479 -2440 or by email at jbatcheller @vailgov.com. Sincerely, Joe Batcheller Planner Town of Vail z TOWN OF VAIL � Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 13, 2014 Subject: A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130041) Applicant: Williams Family Trust, represented by the Mauriello Planning Group and Devlin Law Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Williams Family Trust, represented by the Mauriello Planning Group and the Devlin Law Group, is requesting a density variance to allow for two dwelling units on a lot less than 14,000 square feet, within the Two - Family Primary/Secondary (PS) district. 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 the Planning and Environmental Commission approve this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a density variance to allow for two dwelling units on a lot less than 14,000 square feet in the PS district. Within the PS district lots less than 14,000 square feet are permitted only a single dwelling unit per lot. There are currently two dwelling units on the applicant's lot which measures 12,763 square feet. As there are two dwelling units on a lot which is limited to one dwelling unit, the lot is considered nonconforming with regard to the structure and site improvements. As the lot is considered nonconforming pursuant to Chapter 12 -18, Nonconforming Sites, Uses, Structures and Site Improvements, Vail Town Code, the dwelling units can be modified only if the total gross residential floor area of the modified structure does not exceed the pre- existing structure. The applicant is requesting the variance to pursue additions on an existing two dwelling unit structure on a lot less than 14,000 square feet. The applicant's written request (Attachment A) highlights the history of the PS district through the implementation of zoning and subsequent amendments. Through the adoption of zoning in the Town of Vail and subsequent amendments, the property is restricted to a single dwelling and employee housing unit (EHU). III. BACKGROUND The lot at 302 Mill Creek Circle was platted in 1962. The current two- family structure was built in 1963, prior to the incorporation of the Town of Vail and adoption of zoning regulations. The size of the lot is 12,763 square feet. As shown in the following list the minimum required lot size and allowable number of dwellings units has changed multiple times. • Ordinance No. 7, Series of 1969, adopted comprehensive zoning regulations for the Town of Vail. The subject property was zoned residential and a minimum lot size of 10,000 square feet was established. • Ordinance No. 8, Series of 1973, established the two - family residential zone district which was applied to the subject property. The two - family district established a minimum lot size of 15,000 square feet and permitted two dwelling units. • Ordinance No. 30, Series of 1977, established the PS district which was applied to the subject property. The two - family primary/secondary district established 15,000 square feet as the minimum lot size and permitted two dwelling units. • Ordinance No. 22, Series of 1979, amended the PS district to restrict lots less than 15,000 square feet to a single dwelling unit. This ordinance introduced employee housing which was permitted as a second dwelling unit on properties less than 15,000 square feet. This ordinance rendered the subject property nonconforming with regard to the two existing dwelling units on the lot. Ordinance No. 6, Series of 2000, reduced the minimum required lot size for allowing two dwelling units in the PS from 15,000 to 14,000 square feet. On November 25, 2013 PEC voted 4 -0 -2 to recommend denial of a request for a recommendation to the Vail Town Council for a prescribed regulations amendment, to amend Section 12 -6D -8, Density Control, Vail Town Code, of the PS district to strike the requirement that existing lots with less than under 14,000 square feet are permitted only a single dwelling unit. IV. APPLICABLE PLANNING DOCUMENTS Chapter 12 -6D: Two - Family Primary /Secondary District (in part) Town of Vail Page 2 12 -6D -1: Purpose: The two - family primary /secondary residential district is intended to provide sites for single- family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary /secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12 -6D -2: Permitted Uses: The following uses shall be permitted. Employee housing units, as further regulated by chapter 13 of this title. Single- family residential dwellings. Two - family residential dwellings. 12 -6D -8: Density Control: A. Dwelling Units. Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. Chapter 12 -17: Variance (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. Chapter 12 -18: Nonconforming Sites, Uses, Structures and Site Improvements (in part) 12 -18 -1: Purpose: This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this Town of Vail Page 3 chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12 -18 -2: Continuance: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. 12 -18 -5: Structure and Site Improvement: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations. A. Lot And Structure Requirements. Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards, and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. B. Density Control. Structures which do not conform to density controls (includes GRFA and dwelling units /acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. C. Open Space And Landscaping. Structures or site improvements which do not conform to requirements for usable open space or landscaping and site development may be enlarged; provided, that the usable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement. D. Off Street Parking And Loading. Structures or site improvements which do not conform to the off street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the Town of Vail Page 4 existing off street parking and loading facilities and the standards prescribed by this title shall not be increased. V. ZONING ANALYSIS Address: 302 Mill Creek Circle Legal Description: Lot 7, Block 1, Vail Village Filing 1 Zoning: Two - family Primary/Secondary Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Two Family Residential Structure Geological Hazards: None Lot size: 0.293 acre / 12,762 sf Standard Allowed /Required Existing Permitted (if approved) Density: DUs 1 DU and 1 EHU 2 DUs* 2 DUs GRFA 5,649 sf 4,228 sf 5,648 Building Height 33 ft 22 ft 33 ft Site Coverage 2,552.6 sf (20 %) Landscape Area 7,657(60%) 3,191 sf (25 %) ** 2,552.6 sf (20 %) 7,961 sf (62 %) 7,657(60%) Parking: East 2 spaces 2 enclosed 3 spaces West 3 spaces 3 surface 3 spaces Setbacks: Front 20 ft 24 ft 20 ft Rear 15 ft 15 ft 15 ft Sides 15ft /15ft 29 ft/31.5 ft 15 ft /15 ft *The site is nonconforming with regarding to density, dwelling units. If this variance were approved it would be no longer nonconforming with regard to density, dwelling units. * *The site is nonconforming with regard to site coverage. VI. SURROUNDING LAND USES AND ZONING Existing Use North: Open Space South: Single- family Residential Zone District Agriculture and Open Space District Two - family Primary/secondary District Town of Vail Page 5 East: Single- family Residential Two - family Primary/secondary District West: Single- family Residential Two - family Primary/secondary District VII. CRITERIA FOR REVIEW 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The subject property, Lot 7, is located within a residential development bordered on the south, east and west by single family homes and on the north by Vail Corporation owned platted open space. This request for a variance, if approved, would result in the lot becoming conforming and therefore the two existing dwelling units could be expanded pursuant to the requirements of the zone district. There is approximately 1,421 square feet of GRFA unused on the lot. If this GRFA were to be added to the units on Lot 7, the resulting bulk, mass, and height would be comparable and in proportion (allowable development based on lot size) to the surrounding properties as each lot in the vicinity shares the same zoning. The two distinctions would be that the allowable GRFA for Lot 7 will be split 60/40, pursuant to the zone district, verses all of it being incorporated into a single - family structure on the lots within this neighborhood and required parking for the two dwelling units would be greater than a single dwelling unit by one (1) space. Any future use of remaining development potential will be required to comply with setbacks, height, landscape area, and parking. It should be noted that the existing structure on Lot 7 is nonconforming with regard to site coverage. The site coverage of the subject property will not be permitted to be expanded pursuant to Chapter 12 -18, Nonconforming Sites, Uses, Structures and Site Improvements, Vail Town Code. Therefore, Staff believes this proposal will not negatively affect 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 following is an analysis of properties zoned Two - Family Primary/Secondary (PS) district and Two - Family district (R). This analysis was performed in order to determine the existing number of properties within the PS and R districts with nonconforming densities on lots less than 14,000 square feet. Staff's conclusion was that there are small number of properties in these two closely related zone districts which have a scenario matching that of subject property, making them uncommon. • 716 lots are zoned PS district and 303 lots are zoned R district. • 299 or 29.3% of the lots zoned PS and R district are less than 14,000 square feet. Town of Vail Page 6 62 or 6.1 % of the lots zoned PS and R district measuring less than 14,000 square feet have more than one dwelling unit on the property making them nonconforming. A minimum of 4 of the 62 or 6.5% of the nonconforming lots with regard to lot size and density zoned PS and R district have been granted variances for density to allow for GRFA additions. See applicant's written application for specific properties (Attachment A). The subject lot was constructed prior to the incorporation of the Town of Vail and prior to the adoption of zoning regulations. It was initially constructed with two dwelling units and the lot size has remained 12,762 square feet since it was initially platted. The adoption and amendments to the zoning code have resulted in the subject property becoming nonconforming. As the structure and site improvements were in place prior to the current regulations, staff believes a hardship has been created which treats this lot differently than other lots within the PS district. A request for a variance to a development requirement such as setbacks, site coverage, height, landscape area, or parking in a scenario where there are two dwelling units on a lot less than 14,000 square feet would not be supported by staff due to the impacts that would result from the approval of one of these requests. A similar finding was made in the four (4) approved density variances elaborated upon in the applicant's written application. Therefore, Staff believes the proposed relief from the density 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, if approved, will allow for the construction of the remaining 1,421 square feet of GRFA on the lot. As was previously noted the structure currently exceeds site coverage. As the site coverage of the home cannot be expanded as a result of any proposed addition the unused GRFA will need to be constructed above or beneath the current structure. There is remaining allowable height which would permit the addition of a new floor to the structure. Any addition to the height of the structure will impact light and air upon the lot, however, this impact is no greater than that which is permitted on all lots zoned PS district. The construction of the unused GRFA will not will not alter population; 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. Town of Vail Page 7 VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants'request for a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, 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 makes the following findings: 'Based upon a review of Section Vll of the January 13, 2014 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 Two - family Primary /Secondary 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 Two - family Primary /secondary District. Town of Vail Page 8 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 Two - Family Primary /Secondary District. " IX. ATTACHMENTS A. Applicant written request dated December 16, 2013 B. Vicinity Map Town of Vail Page 9 Williams Family Duplex DensityVariance Date Submitted: December 16, 2013 DEVLIN LAW GROUP, LLC No DENVER / VAIL Location: 302 Mill Creek Circle Lot 7, Block (,Vail Village I st Filing Parcel: 2101-082-49-011 u Mauriello Planning rout Table of Contents Introduction and Request Background and Justification Zoning Analysis Criteria for Review Conclusion Adjacent Properties Appendix A: Background and History 3 4 6 7 9 10 11 2 Introduction and Request The Williams Family Trust I & Williams Family Trust II (collectively, the "Trusts "), represented by Mauriello Planning Group and Devlin Law Group, LLC, are requesting a density variance for the property located at 302 Mill Creek Circle / Lot 7, Block I, Vail Village First Filing (Parcel: 2101-082-49-011). The property is zoned Two - Family Primary /Secondary Residential. However, the property is currently considered non - conforming with regard to density. Specifically, the property contains two dwelling units, while the number of units allowed on the property is limited to one single family dwelling based on changes to Vail's zoning regulations amended over the past 40+ years. The variance request is to allow the property to be considered conforming and therefore treated as a 14,000 sq. ft. lot for zoning regulation purposes, which would permit two dwelling units on this property as currently exists today (as has since both units were constructed in 1963). The applicants are requesting a variance from the following section of the Vail Town Code: 12 -6D -8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. 3 Background and Justification The Williams Family duplex was originally constructed in 1963. The property has been owned by the Williams Family since 1968, during which time two dwelling units have always existed on the site. The home was constructed as a duplex as was permitted under the original 1962 recorded covenants for Vail Village First Filing, which allowed all lots, including the subject lot, to be developed with a duplex. These 1962 covenants were especially important at the time, as the Town had not yet been incorporated, and Vail Associates and residential property owners in Vail Village First Filing relied upon the covenants to provide land use guidance. Vail Village First Filing was platted under Eagle County jurisdiction in 1962, as the Town of Vail was not incorporated until 1966. The Town first adopted zoning regulations in 1969. (Please refer to Appendix A, which provides a detailed history of the evolution of Vail's zoning regulations with respect to employee housing and the resultant impacts on the property.) For the next ten years, the zoning regulations applicable to the subject property permitted two dwelling units to be developed and occupied (and /or rented) by the applicant owners. However, in 1979, the Town of Vail revised the density requirements of the Two - Family Primary /Secondary Zone District, limiting the number of dwelling units on lots less than 15,000 sq. ft. to only one (1) unit and in effect taking away a development right that had existed since 1962. Currently, on lots less than 14,000 sq. ft., as is the subject property, a second dwelling unit is permitted, but only as a deed - restricted Type I EHU. As a result, the Williams Family duplex is now considered non - conforming by the Town with respect to density, since there are two legally established units on the property and neither is deed restricted for employee housing. Under the Town's current P/S density regulations, no GRFA can be added to the property without the recording of a Type I Employee Housing Unit deed restriction, which would render one of the units unable to be occupied by the beneficiaries of the Trusts, as they are not currently full time Eagle County residents or employees. In 2000, the Town of Vail amended the minimum lot area required for two units on Two - Family Primary/ Secondary zoned lots, from 15,000 sq. ft. down to 14,000 sq. ft. At that time, there was discussion by then PEC about perhaps amending the non - conforming chapter of the Vail Town Code. However, recognizing that the issue of non - conforming uses was difficult to comprehensively regulate, the Planning and Environmental Commission instead directed that lots under 14,000 sq. ft. with two existing dwelling units should apply for a density variance to seek relief from the requirement to deed restrict one of the units and add GRFA. The associated Community Development staff memo states: "The PEC gave staff the direction not to propose code changes to solve this ownership issue, but rather for staff and the PEC to recognize this ownership as a form of hardship for the purpose of considering density variances. This would allow GRFA expansions to these dwelling units without requiring that one dwelling unit be deed restricted as a Type I EHU. Staff will immediately implement this policy directive." The applicant owners would like to be able to utilize the current P/S GRFA regulations just like their neighbors. Note that with the more recent amendments to GRFA regulations, the Town also removed the ability for non - conforming units (with regard to density) to utilize a "250 addition" in the P/S zone 4 district. As a result, neither of the the applicants' two units are able to add any GRFA without placing a deed restriction on one of the units. The applicant is therefore requesting that the subject property (Lot 7) be considered a conforming lot with respect to density control. Please refer to AppendixA of this submittal for a detailed history regarding the adoption ofVail's zoning regulations with respect to employee housing deed restriction requirements on P/S lots less than 14,000 sq. ft. 5 Zoning Analysis Location: 302 Mill Creek Circle / Lot 7, Block I ,Vail Village I st Filing Zoning: Two - Family Primary /Secondary Lot Size: 0.293 acres / 12,763 sq. ft. Zoning Regulation Allowed Existing Density I dwelling unit 2 dwelling units EHU I Type I EHU none GRFA 4,227 sq. ft.* 4,227 sq. ft. *Because the Williams Family Duplex is non - conforming with regards to density, no additional GRFA beyond what exists on -site today can be added to the property. Below we have provided a Zoning Analysis for the Williams Family duplex under three circumstances. The first is the development potential of the site under the current regulations with NO EHU. The second is the development potential of the site under current regulations with ONE TYPE I EHU. The third is the development potential of the site under current regulations with the proposed variance. Zoning Regulation NO EHU WITH TYPE 1 WITH DENSITY EHU VARIANCE Density I dwelling unit I dwelling unit plus 1 2 dwelling units EHU GRFA 5,649 sq. ft. 5,649 sq. ft. plus 550 sq. 5,649 sq. ft. ft. for EHU = 6,199 sq. ft. Garage Credit 600 sq. ft. 1,200 sq. ft. 1,200 sq. ft. Site Coverage 20% / 2,552 sq. ft. 25% / 3,190 sq. ft. 20% / 2,552 sq. ft. Landscape Area (min) 60% / 7,658 sq. ft. 55% / 7,019 sq. ft. 60% / 7,658 sq. ft. The analysis above is instructive, as it clearly demonstrates that there would be no negative impact to the subject property's adjacent neighbors (or the neighborhood in general) if this variance request is approved. For example, whether a "local" person or a non -local person occupy the second dwelling unit on the property, the impacts (e.g., traffic, bulk and mass) are relatively the same. In fact, in the above scenario with aType I EHU, a proposed structure on the subject property could exceed the site coverage and GRFA allowed to be developed on the property by a conforming residential duplex without an EHU deed restriction. Criteria for Review Section 12 -17 -6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: Because the standards of the Two - Family Primary /Secondary zone district, other than density, are applicable whether the development is a single family or duplex, there is little impact to other structures in the vicinity (other than a 600 sq. ft. garage allowance). As the Zoning Analysis above indicates, the development of one dwelling unit and a Type I EHU actually has greater impact on surrounding properties than would development with the proposed density variance. To summarize, one dwelling unit and a Type I EHU is permitted an additional 550 sq. ft. of GRFA, along with an additional 638 sq. ft. of site coverage and reduction of 638 sq. ft. of landscape area, over what would be allowed with the proposed density variance. As a result, the granting of this variance actually results in less development potential and therefore less impacts than the additional development potential granted with aType I EHU. The surrounding properties, like the Williams Family Duplex, are zoned Two - Family Primary/ Secondary with similar development potential as the William Family Duplex according to their respective lot size. In Block I of this subdivision, there is a rather random pattern of lots allowed to be developed with duplexes and those which are non - conforming, which shows how indiscriminate the Town's blanket application of the 1979 zoning change was on the neighborhood. 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: Similar variances have been granted in the past with similar (almost identical) circumstances. A summary of a few examples have been provided below: Hans and Mia Vlaar Residence located at 2963 Bellflower: In this case, the Vlaars owned both halves of a duplex which was originally constructed in 1976. Upon purchasing the entire duplex in 1990, they wished to do an addition to the duplex, but did not want to deed restrict one of the units. As a result, they requested a density variance to allow them to add GRFA to each of the units, without deed restricting either one. Staff recommended approval and the Planning and Environmental Commission approved the density variance. The staff memo specifically stated: "Because the building was constructed as a two family residence prior to the Town's regulations pertaining to lots less than 15,000 square feet, staff believes that it is reasonable to allow the structure to maintain its original development potential. The zoning established to restrict a secondary unit on a lot of less than 15,000 square feet was adopted after the structure was legally constructed and subdivided and creates a hardship for the property..." 7 This statement of the staff's opinion in 1990 and the subsequent approval of the variance by the PEC, clearly sets a precedent and policy for the review and approval of similar variance and is clearly instructive to the proposed variance. 2. Bryan and Sally Hobbs Residence located at 2129 Kel -Gar Lane: In this 1993 case, the Hobbs were proposing an addition to the west side of an existing duplex. This required a density variance because the property was non - conforming with regard to density (number of dwelling units) as the property was only 12,854 sq. ft. (nearly identical lot area to the subject property). Staff recommended approval of the density variance and Planning and Environmental Commission approved the variance. In this case, the staff memo states: "Staff believes that the history of this site makes it unique from other properties less than 15,000 sq. ft. of lot area. Because the structure was constructed as a two family residence prior to the Town's regulations pertaining to lots less than 15,000 square feet, staff believes that it is reasonable to allow the structure to maintain its original development potential. The zoning establishing the restrictive unit requirement was adopted after the structure was approved by the Town and creates a hardship for the property..." 3. Broughton and Shanely Duplex located at 864 Spruce Court: In this 1992 case, the Shanleys and the Broughtons requested a density variance to allow for an addition to a duplex on a lot of only 12,354 sq. ft. Staff recommended approval of the density variance and the Planning and Environmental Commission approved the variance. The staff memo, similar to the previous two, states: "Staff believes that the history of this site and through documentation of approvals for the two units make the site unique from other lots with less than 15,000 square feet. Because the structure was constructed as a two - family residence prior to any Town regulations pertaining to lots less than 15,000 square feet, staff believes that it is reasonable to allow the structure to maintain its original development potential. The zoning establishing the restricted unit requirement was adopted after the structure was legally constructed and creates a hardship for the property..." 4. Hamner Residence located at 2854 Snowberry Drive: In this 1993 example, the Hamners requested a density variance to allow for an addition to the western half of the duplex. The duplex was nonconforming with regard to density, as two dwelling units existing on the site on a lot of only 13,370 sq. ft. Staff recommended approval of the density variance and the Planning and Environmental Commission approved the variance. In supporting the density variance, the staff memo states: "The site has sufficient GRFA to allow for an addition to the building with exceeding the allowable GRFA on the site. The density variance is necessary only because the existing development exceeds the allowable dwelling unit count for the lot. Because the building was constructed as a two family residence prior to the Town's regulations pertaining to lots less than 15,000 square feet in size, staff believes that it is reasonable to allow the structure to maintain its original development potential. The zoning established to restrict a secondary unit on a lot less than 15,000 square feet was adopted after the structure was legally constructed and the 0 lot was subdivided, which creates a hardship for the property and causes a practical difficulty warranting the requested density variance." These four examples of density variances have nearly identical circumstances to the Williams Family duplex. The duplex was legally constructed in 1968. The Zoning Regulations were subsequently amended in 1979, rendering the property non - conforming with regards to density. As such, no additions could be made to the property that would increase the GRFA beyond what existed at that time. The Town of Vail has consistently identified this as a non -self imposed hardship, and that a variance could be approved 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. Applicant Response: The proposed density variance has no effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The development potential of the site (GRFA and site coverage) is actually reduced with the requested density variance, with the only difference for the site is that the second unit would have aType I deed - restriction recorded against it. Conclusion It is clear from the unique circumstances and legislative history pertaining to the subject property that there exists a non -self imposed hardship based on the annexation of the lot to the Town of Vail, as well as the adoption and changes to the Town's zoning regulations, which rendered this property "non- conforming". As explained above, there is clear precedence established by the Planning and Environmental Commission that properties with similar circumstances have been afforded relief from the minimum lot size requirement which otherwise makes these properties non - conforming with respect to density. The applicant requests that this hardship be recognized and that variance be approved allowing the subject property to be considered a conforming lot for the purpose of density control now. 9 Adjacent Properties VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021 -8056 CHINA BOWL LODGE LLC 633 SEVENTEENTH ST STE 3000 DENVER, CO 80202 GAUGHAN, MICHAEL & MARTHA PAULA 3071 ARABIAN RD LAS VEGAS, NV 89107 -4540 KNOBEL, PETER B. & PATRICE J. 392 MILL CREEK CIR VAIL, CO 81657-5168 CAULKINSVAIL LLC ROBERT J. SWIFT JR SVP 1600 BROADWAY DENVER, CO 80202 MILL CREEK PROPERTY LLC KEVIN VOLLMER 5310 WARD RD STE G07 ARVADA, CO 80002 -1829 RAMS -HORN LODGE CONDOMINIUM ASSOCIATION, INC. DIANE MILLIGAN 416VAILVALLEY DR VAIL, CO 81657 10 Appendix A: Background and History 11 DEVLIN LAW GROUP, LLC DENVER / VAIL December 16, 2013 Town of Vail Community Development Department Planning & Environmental Commission 75 South Frontage Road West Vail, Colorado 81657 Re: Request for Density Variance for 302 Mill Creek Circle / Lot 7, Block 1, Vail Village 1st Filing Dear Planning & Environmental Commission: This letter has been prepared to supplement the applicant's request for a density variance from the Town of Vail Zoning Code, § 12 -6D -8: Density Control, in the Primary /Secondary (P /S) Zoning District Background: When Vail Associates was formed in the early 1960s, "they sold 100 limited partnerships at $10, 000 each, and each partnership got equity, four lifetime lift passes and the right to pick out a residential lot for an additional $250. But they had to start construction on it within a year So Vail [Associates] didn't give them a deed right away; they had a lease. When they started construction at some point in time after that [Vail Associates] would give them a deed and then they'd go out and borrow money. That first year we probably had in round numbers about 25 houses built — some quite modest, some a little bigger — but everything in those early days was pretty modest. Nothing terribly fancy. "1 Many of those early investors chose to purchase lots on what became Mill Creek Circle, Forest Road, and Beaver Dam Road. In 1962, land owners Vail Associates, Ltd., and Vail Village Inn, Ltd., recorded Protective Covenants for Vail Village First Filing, which provided, among other things, the right to build "not more than two separate apartments "2: I See The Vail Business Journal, Vail's 50th: A Conversation with Rod Slifer, by David O. Williams, December 13, 2012. 2 Protective Covenants, Vail Village First Filing, Eagle County Colorado, recorded August 10,1962, at Book 174, Page 179. DEVLIN LAW GROUP, LLC 201 Columbine Street, Suite #300 Denver, Colorado 80206 Office: (303) 780 -4947; Mobile: (303) 358 -0742 Email: tdevlin&clevlawgroup.com Town of Vail December 16, 2013 Page #2 ohm landu in VAI V l lug t r 2isu t Alin,, u hS l l .i toad LQ%1 tr:i follcuLml purg8ueu t . _ _ L.,tn i r_ rUcx2Kn 1 anI 7 r haLL Ya un cd only rtii' 14.7!.8 r Ga =r. LO COr.ta4.n npt mvio_e th4rr, Wq rnFsFarn However, as Vail developed rapidly during the 1960s and 1970s, it became apparent to the Town Council that there was a need to further control residential densities within the Town. Ordinance No. 7. Series of 1969. Accordingly, in 1969, the Vail town council adopted Ordinance No. 7, entitled "AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL.... ", Vail's first official Zoning Code. 3 This new Zoning Code established, among other things, two residential zoning districts: the Residential District and the Multi - Family District.4 For the Residential District (which applied to the applicant's property and all of the other lots on Mill Creek Circle), this 1969 Zoning Code provided: (a) Uses Permitted. A person shall not use any premises in a Residential District except as hereinafter specifically permitted. 1. Uses by Right (a) Single - family residential dwellings; (b) Two - family residential dwellings; (c) Single- family and two family residential dwellings or one or more rooms contained therein, used by the owners as income producing property and available to the public for rent or hire .5 [Emphasis added.] The applicant, as well as all others owning property in the town of Vail who were re -zoned to Residential District, now had an undeniably reasonable investment- backed expectation that they would be able to build, occupy and /or rent up to two (2) residential dwellings on their respective lots (if they did not already have that right by virtue of the 1962 Protective Covenants .)6 3 Ordinance No. 7, Series of 1969. 4 Ordinance No. 7, Series of 1969, Article II., Sections 1 & 2. 5 Ordinance No. 7, Series of 1969, Article I I., Section 1(a). 6 See Footnote 2 above. Town of Vail December 16, 2013 Page #3 Ordinance No. 7 (1969) also provided: (b) Regulations. The regulations under which the uses in a Residential District are permitted are as follows: 1. Minimums. The following minimums shall apply: (a) Floor area: 900 square feet; (b) Lot area: 10,000 square feet; (c) Setback: Front, rear and side - 10 feet. 2. Floor Area Ratio. The floor area ratio shall not exceed 0.33:1.7 [Emphasis added.] Ordinance No. 8. Series of 1973. Four years later, town council adopted Ordinance No. 8, Series of 1973, in order to amend Ordinance No. 7 (1969), "to meet changing conditions within the Town and to provide for the orderly growth and development of the Town. .. "I This Ordinance established twelve (12) zoning districts, five of which were residential in nature.9 Council also adopted a new Official Zoning Map of the Town with this Ordinance10, with applicant's property being zoned "R Two Family Residential." For the R Two Family Residential District (which applied to the applicant's property and all of the other lots on Mill Creek Circle), the 1973 Zoning Code thus provided: Section 3.200 Permitted Uses The following uses shall be permitted: (1) Single family residential dwellings. (2) Two family residential dwellings." Section 3.500 Development Standards 3.501 Lot Area and Site Dimensions. The minimum lot or site area shall be Ordinance No. 7, Series of 1969, Article II., Section 1(b). 8 Ordinance No. 8, Series of 1973, Introductory Recitals. 9 Ordinance No. 8, Series of 1973, Article 1, Section 1.201, established the following residential zoning districts: (1) SFR Single Family Residential District; (2) R Two Family Residential District; (3) LDMF Low Density Multiple Family District; (4) MDMF Medium Density Multiple Family District; and (5) HDMF High Density Multiple Family District. 10 Ordinance No. 8, Series of 1973, Article 1, Section 1.202. 11 Ordinance No. 8, Series of 1973, Article 3, Section 3.200. Town of Vail December 16, 2013 Page #4 15,000 square feet ....12 3.505 Density Control. Not more than 2 dwelling units in a single structure shall be permitted on each site, and not more than 25 square feet of gross residential floor area shall be permitted for each 100 square feet of site area. 13 Ordinance No. 19. Series of 1976. Three years later, town council adopted Ordinance No. 19, Series of 1976, to "provide for proper land development and use. . .14 With respect to density control in the Two - Family Residential District, this Ordinance provided: "Not more than 2 dwelling units in a single structure shall be permitted on each site .... the aggregate gross residential floor area for the two dwelling units in a duplex structure may not exceed 4,000 square feet; and that a single - family dwelling may contain the maximum gross residential floor area permitted for the site area. "15 Ordinance No. 30. Series of 1977. Ordinance No. 30, Series of 1977, established, among other things, a new zoning district and Chapter 18.13 entitled "TWO FAMILY PRIMARY /SECONDARY RESIDENTIAL DISTRICT ". The stated purpose provided in pertinent part: "The Two - Family Primary/ Secondary Residential District is intended to provide sites for single family; or two- family residential uses in which one unit is a larger primary residence and the second unit is a smaller "caretaker apartment ... ".16 The only two "Permitted Uses" were: (1) Single family residential dwellings, and (2) Two - family residential dwellings. 17 Fifteen thousand (15,000) square feet was the new "Minimum Lot Area" established for this new district.18 Finally, regarding density control, Ordinance No. 30 provided: "Not more than two dwelling units in a single structure shall be permitted on each site.... On any site containing two dwelling units, one of the units shall not exceed one -third of the allowable total gross residential floor area (GRFA). "19 [Emphasis 12 Ordinance No. 8, Series of 1973, Article 3, Section 3.501. 13 Ordinance No. 8, Series of 1973, Article 3, Section 3.505. 14 Ordinance No. 19, Series of 1976, Introductory Recitals. 15 Ordinance No. 19, Series of 1976, Section 4, Section 3.505 Density Control. 16 Ordinance No. 30, Series of 1977, Section 2, §18.13.010, Purpose. 17 Ordinance No. 30, Series of 1977, Section 2, §18.13.020, Permitted Uses. 18 Ordinance No. 30, Series of 1977, Section 2, §18.13.050, Lot Area and Site Dimensions. 19 Ordinance No. 30, Series of 1977, Section 2, §18.13.080, Density Control. Town of Vail December 16, 2013 Page #5 added.] The applicant's property, and all of the other lots on Mill Creek Circle, were concurrently rezoned this new Two - Family Primary /Secondary Residential District. Ordinance No. 12. Series of 1978. The following year, town council adopted Ordinance No. 12, which provided the following with respect to P/S density control: 18.13.080 DENSITY CONTROL (Two- Family Primary /Secondary Residential District) - Not more than a total of two dwelling units in a single structure shall be permitted on each site. . . . No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain, shall be so restricted to a point it cannot be occupied by a two - family primary /secondary dwelling.20 [Emphasis added.] Ordinance No. 22. Series of 1979. Council adopted Ordinance No. 22 the following year, which introduced and imposed the employee housing deed restriction and other severe development restrictions on Primary /Secondary lots less than 15,000 square feet; included were the following ordinance recitals: WHEREAS, presently all lots in the ... Primary /Secondary Residential District are permitted two dwellings; WHEREAS, the town council is of the opinion that lots of less than 15,000 square feet would be overcrowded with two units; WHEREAS, only under certain exceptions should there be more than one dwelling unit on a lot less than 15,000 square feet. Ordinance 22 went on to provide: 18.13.080 DENSITY CONTROL (Two - Family Primary /Secondary Residential District) (A) Not more than a total of two dwelling units in a single structure shall be permitted on each site, with only one dwelling unit permitted on lots less than 15,000 square feet.... No two family residential lot 20 Ordinance No. 12, Series of 1978, Section 2, Section 18.13.080, Density Control. Town of Vail December 16, 2013 Page #6 except those totally in the red hazard avalanche zone, or the flood plain, or of those less than 15,000 square feet shall be so restricted to a point it cannot be occupied by a two- family primary /secondary dwelling. (B) The Planning and Environmental Commission may grant an exception to the restrictions of this Section relating to lots less than 15,000 square feet to allow the addition of a second dwelling unit if the following criteria are met: (1) The second unit shall not exceed 1/3 of the total GRFA allowed on the lot; and (2) The Planning and Environmental Commission shall find that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated; and (3) The applicant shall agree in writing: (a) That the second dwelling unit shall not be sold, transferred conveyed separately from the primary unit; and (b) That the secondary dwelling unit shall not be leased or rented for any period of less than 30 consecutive days: and that it shall be rented only to tenants who are residents of the Upper Eagle Valley or who are full -time employees in the Upper Eagle Valley... . (c) That the secondary shall not be divided into any form of time shares, interval ownership or fractional fee; and (d) That a declaration of covenants and restrictions shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land; and (4) No such exception shall be granted unless a written application has been submitted to and considered by the Planning and Environmental Commission in accordance with the provisions of Chapter 18.66 of the Zoning Code of the Town of Vail .21 [Emphasis added.] Ordinance No. 35. Series of 1980. Town council adopted a corrective ordinance the following year, which provided: WHEREAS, the adoption of Ordinance 22, Series of 1979, omitted a portion of the Density Control Section of the Two Family Primary/ Secondary Residential District; and 21 Ordinance No. 22, Series of 1979, Introductory Recitals, and Section 1, §18.13.080, Density Control. Town of Vail December 16, 2013 Page #7 WHEREAS, Ordinance 22, Series of 1979, needs to be corrected. This Ordinance went on to provide: 18.13.080 DENSITY CONTROL (Two- Family Primary /Secondary Residential District): (A) Not more than a total of two dwelling units in a single structure shall be permitted on each site, with only one dwelling unit permitted on lots less than 15,000 square feet. . . . On any site containing two dwelling, one of the units shall not exceed one -third of the allowable gross residential floor area (GRFA). No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or of those less than 15,000 square feet shall be so restricted to a point it cannot be occupied by a two- family primary/ secondary dwelling. 22 [new text shown as underlined] Ordinance No. 22. Series of 1981. Considerable changes to the Primary /Secondary zoning district were made again the following year, with town council changing the review body for applications/ requests for exceptions to the density restrictions on lots less than 15,000 square feet, from the Planning and Environmental Commission (PEC) to the Design Review Board (DRB), finding that the "Department of Community Development is the appropriate agency to take final action on such requests and prepare the necessary agreements and restrictions for the use of employee housing. 1123 Ordinance No. 22 also adopted the following detailed requirements and criteria in repealing and reenacting Section 18.13.080: 18.013.080B. The Community Development Department may grant an exception to the restrictions of this section relating to lots of less than 15,000 square feet to allow the addition of a second dwelling unit if the following criteria are met: 1. The second unit shall not exceed forty percent of the total GRFR allowed on the lot; and 22 Ordinance No. 35, Series of 1980, Introductory Recitals and Section 1, §18.13.080 Density Control. 23 Ordinance No. 22, Series of 1981, Introductory Recitals. Town of Vail December 16, 2013 Page #8 2. The Community Development Department shall find that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated; and 3. That no variances for setbacks, height, parking, site coverage or landscaping, site development or gross residential floor area would be approved unless the granting of such a variance benefits the visual appearance of the site and surrounding area; and 4. That fifty percent of the required parking must be enclosed, and 5. The architectural design of the structure and the materials and colors must be visually harmonious with their sites and with surrounding sites and structures, and must not unnecessarily block scenic views from existing buildings; and 6. Access to the secondary unit must not adversely affect adjacent structures; and 7. The applicant must demonstrate that the site has the ability to double its capacity for handling trash and outdoor storage, and 8. An application for the second unit, containing the following information, must be submitted to the Community Development Department for their review: a. Name of applicant and address b. Name of applicant's representative (if any) c. Authorization of property owner d. Location of the property far which the proposal is made e . A fee of $100.00 plus an amount equal to the then current first -class postage rate for each property owner to be notified hereunder f. A list of the names of the owners of all property adjacent to the subject property and their addresses for the purpose of notification; and 9. The proposed plan and all required materials must be submitted to the Design Review Board at their regularly scheduled meeting for their review and approval; and IO.The applicant shall agree in writing: a. That the secondary dwelling unit shall not be sold, transferred or conveyed separately from the primary unit for a period of not more than twenty (20) years and the life of Trent Ruder from the date that the Certificate of Occupancy is issued for said second unit; and b. That the secondary dwelling unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shall be rented it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The " Upper Eagle Valley" shall be deemed to include the GoreValley, Minturn, Red Cliff, Gilman, Eagle - Vail,and Avon and their surrounding areas. A" full -time employee" is a person who works an average of thirty (30) hours per week; and Town of Vail December 16, 2013 Page #9 c. That the secondary dwelling unit shall not be divided into any form of timeshares, interval ownership or fractional fee; and d. That a declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land .24 Finally, Ordinance No. 22 (1981) also provided for an appeal procedure of DRB/ Community Development Department decisions on such P/S zoning secondary unit application requests to be made to the PEC, with appeals of PEC decisions to the Town Council. 25 Ordinance No. 23. Series of 1981. Concurrent with adopting Ordinance 22, town council adopted Ordinance No. 23 (198 1) regarding the increase in the permitted size and design of the primary /secondary structures: 18.13.08013 1. [The] [s]econd unit shall not exceed 40% of the total GRFR allowed on the lot and shall not be substantially similar in design to the primary unit .26 [Added text.] Ordinance No. 23. Series of 1986. Five years later, and to correct "a typographical error [that] resulted in Section 18.13.080 being eliminated" at the time Ordinances 22 and 23 (1981) were adopted, town council adopted Ordinance No. 23 (1986) in order to repeal and re -enact with amendments Section 18.13.080 A pertaining to the Primary /Secondary zone district to read as follows: Section 18.13.080 A. Density Control A. Not more than a total of two dwelling units in a single structure shall be permitted on each site, with only one dwelling unit permitted on lots of less than fifteen thousand square feet.... On any site containing two dwelling units, one of the units shall not exceed 40 percent of the total allowable gross residential floor area (GRFA). No two- family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand square 24 Ordinance No. 22, Series of 1981, Section 1, §18.13.080B Density Control. [Note, the "twenty (20) years and the life of Trent Ruder" language in §10a. was likely inserted as an attempted Rule Against Perpetuities savings clause.] 25 Ordinance No. 22, Series of 1981, Sections 2 & 3. 26 Ordinance No. 23, Series of 1981, Section 2, §18.13.080B Density Control. Town of Vail December 16, 2013 Page #10 feet shall be so restricted that it cannot be occupied by a two family primary/ secondary residential dwelling.27 Ordinance No. 12. Series of 1988. Two years later, town council adopted Ordinance No. 12 (1988) to further clarify the design guidelines for duplex and primary /secondary development. A new Section 18.54.050 - Duplex and Primary /Secondary Development - was added to the zoning code to address certain design and site constraint issues .28 In addition, §18.13.080 was amended to eliminate the "single structure" requirement for two units when site constraints so require .29 Ordinance No. 19. Series of 1990. Two years later, town council adopted Ordinance No. 19 (1990) to correct Ordinance No. 12 (1988), which had "inadvertently eliminated the requirement that the [GRFA] distribution ratio for primary /secondary units shall be no greater than forty percent (40 %) of the total allowable gross residential floor area. 1130 Ordinance No. 37. Series of 1990. Later that same year, town council adopted Ordinance No. 37 to amend the definition of GRFA and how it is calculated ,31 as well as to once again modify Section 18.13.080A, Primary/ Secondary Density Control, by the addition of the following provision to allow for an increase in the permitted GRFA: "In addition to the above, four hundred twenty -five square feet of gross residential floor area (GRFA) shall be permitted for each allowable dwelling unit. 1132 Ordinance No. 6. Series of 2000. A decade later, town council adopted this Ordinance, which served to repeal and reenact Chapter 13, Employee Housing, as well as reduce the minimum lot size triggering the EHU 27 Ordinance No. 23, Series of 1986, Section 1, §18.13.080A Density Control. 28 Ordinance No. 12, Series of 1988, Section 1, §18.54.050 Duplex and Primary /Secondary Development. 29 Ordinance No. 12, Series of 1988, Section 4, §18.13.080A. 30 Ordinance No. 19, Series of 1990, Introductory Recitals, and Section 1, §18.13.080A. 31 Ordinance No. 37, Series of 1990, Section 1, Section 18.04.130 Floor area, gross residential (GRFA). 32 Ordinance No. 37, Series of 1990, Section 5, Section 18.13.080 A. Density Control. Town of Vail December 16, 2013 Page #11 requirement in the P/S zoning district from 15,000 square feet to 14,000 square feet.33 As a result, secondary units were now required to be deed restricted EHUs on lots less than 14,000 square feet (instead of 15,000). [Note that during the interim period 1990 to 2000, the Town's Zoning Code was updated, resulting in section renumbering; §18.13.080B was renumbered to Section 12 -6D -8: Density Control (Primary /Secondary).] In adopting Ordinance No. 6 (2000), town council made a finding that "these amendments will provide additional incentives to the private sector to provide employee housing units throughout the Town of Vail ", and that "the proposed amendments will encourage the incorporation of employee housing units through the redevelopment of older homes in the Town... 1134 Some of the "incentives" that were included can be seen the following table: 12 -13 -4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (El TYPE: G7 EHU 7anlrg Ghtrk:ts Perm bled By Rlpht Owrershlp+ Trarefereree Addhlarel GRFA A R�duceC Le ntlscepe Area CreditSturege Requlmm Parhlrg NGRFA OIM EHU �erehy Type I Primaryfsecondary The EH may be sold or The EHU is Site Coverage: Allowed 300 sq, ft. cf garage area per Per chapter 1 C of this title as Na The EHU is residential, transferred separately entitled tc an The site is entitled tc enclosed vehicle space at a maximum adwelling unit allowed as Two - family residential additional an additional 5% of of2 parking spaces (800 K. ft.). a. nd 550s4.1. sitecoverageforthe unit on the (Gnlyon lots less than GRFA EHU. All units net constructed with a garage property, 14,000 sq. ft in size) deduction, shall be required a minimum 75 sq, ft. Landscape Area: ofstorage area in addition tc normal The site is entitled to a closet space This 75 sq. N. shall be a reduction of credit for storage only. landedel area by 5% (reduced to 55% of site area) for the EHU, With these amendments, secondary units on lots less than 14,000 square feet (still required to be restricted as EHUs) in the Primary /Secondary District were (and are now) permitted to be sold or transferred separately from the primary unit; the secondary unit /EHU is now entitled to an additional 550 sauare feet of GRFA: site coverage is aermitted to be increased by 5% to accommodate the EHU. and a 5% reduction in reauired landscaae area is afforded.35 Town council's 1979 concern of "overcrowding" on these lots was apparently nevermore. However, and ironically, these so- called "incentives to the private sector to provide employee housing units" undeniably result in increased adverse site impacts on such P/S "smaller" lots and the surrounding neighborhood. Ordinance No. 14. Series of 2004. In 2004, town council adopted Ordinance No. 14, which modified the formula for calculating GRFA in the Primary /Secondary Residential District, thus eliminating the "additional 33 Ordinance No. 6, Series of 2000, Section 1. 34 Ordinance No. 6, Series of 2000, Introductory Recitals. 35 Ordinance No. 6, Series of 2000, Section 1. Town of Vail December 16, 2013 Page #12 425 square feet for each permitted dwelling unit. 1136 Ordinance No. 29. Series of 2005. Finally, in 2005, town council adopted Ordinance No. 29, which added "Type IV" employee housing units as an additional permitted use in the Two - Family Primary /Secondary (P/ S) District .37 II. Effect of Density Limitation. The applicant's family has owned the property at 302 Mill Creek Circle since 1968 when they purchased it from then Mayor John Dobson, who ironically executed Ordinance No. 7 (1969) on the Town's behalf, which adopted the first Zoning Code Regulations and Official Zoning Map.38 Since the structure was built on the applicant's property by Mr. Dobson in 1963, and during the entire time since, the applicant has owned and enjoyed the property, and there have existed two (2) separate dwelling units, neither of which is deed restricted for employee housing /EHU. The applicant has continuously enjoyed owning the two units for 45+ years for the growing family's personal use, just as permitted under the 1962 Protective Covenants, as well as the 1977 Zoning Code. However, the Town's Community Development Department has recently informed the applicant that if at some point in time they wish to completely redevelop their property, they could in fact build two P/S dwelling units, with up to the maximum 60 %/40% floor area ratio split39, but the smaller of the two units would have to become a deed restricted EHU that they would no longer be able to occupy or use themselves since they are not local residents, nor are they employed in Eagle County as required by the EHU Ordinance, which currently requires: For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. 36 See Footnote 32 above. Additionally, Ordinance No. 14 (2004), Section 5, §12 -6D -8B provided: P/S GRFA formula revised as follows: 0.46 of site area < 10,000 sq. ft., plus 0.38 of site area > 10,000 < 15,000 sq. ft., plus 0.13 of site area > 15,000 < 30,000 sq. ft., plus 0.06 of site area >30,000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) 37 Ordinance No. 29, Series of 2005, Section 23, Section 12 -6D -2. 38 See Footnotes 3 -7 above. 39 See Footnotes 22 -23 above. Town of Vail December 16, 2013 Page #13 An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months .40 Meanwhile, the applicant's similarly situated Mill Creek Circle neighbors on Lots 6, 10, 13 -19, each of whose respective P/S lot is greater than 14,000 square feet, has the right to build up to two (2) free market, unrestricted dwelling for their personal use and enjoyment, as well as the freedom to rent each unit on a short or long term basis as they see fit. The lot sizes for all of the P/S platted lots in Vail Village Filing No. 1, Block No. 1 (which includes all of the lots on Mill Creek Circle), are as follows: Lot # [Vail Village First Filing, Block 11 / Lot Size Address (per Eagle County Assessor's Office) Lot 1/ 13,068 Sq. Ft. 325 Mill Creek Cir. (0.300 AC) Lot 2/ 12,066 Sq. Ft. 315 Mill Creek Cir. (0.277 AC) Lot 3/ 12,545 Sq. Ft. 303 Mill Creek Cir. (0.288 AC) Lot 4/ 12,240 Sq. Ft. 328 Mill Creek Cir. (0.281 AC) Lot 51 11,717 Sq. Ft. 312 Mill Creek Cir. (0.269 AC) Lot 6/ 16,161 Sq. Ft. 304 Mill Creek Cir. (0.371 AC) Lot 7/ APPLICANT 12,763 Sq. Ft. 302 Mill Creek Cir. (0.293 AC) Lot 8/ 12,894 Sq. Ft. 392 Mill Creek Cir. (0.296 AC) Lot 9/ 13,982 Sq. Ft. 362 Mill Creek Cir. (0.321 AC) Lot 10/ 17,641 Sq. Ft. 342 Mill Creek Cir. (0.405 AC) 40 Town Code §12- 13 -3A.2 (2013). Town of Vail December 16, 2013 Page #14 Lot # [Vail Village First Filing, Block 11 / Lot Size Address (per Eagle County Assessor's Office) Lot 11/ 12,414 Sq. Ft. 332 Mill Creek Cir. (0.285 AC) Lot 13/ 15,420 Sq. Ft. 325 Mill Creek Cir. (0.354 AC) Lot 14/ 23,217 Sq. Ft. 345 Mill Creek Cir. (0.533 AC) Lot 151 29,620 Sq. Ft. 353 Mill Creek Cir. (0.680 AC) Lot 16/ 19,384 Sq. Ft. 365 Mill Creek Cir. (0.445 AC) Lot IT 18,513 Sq. Ft. 375 Mill Creek Cir. (0.425 AC) Lot 18/ 17,075 Sq. Ft. 385 Mill Creek Cir. (0.392 AC) Lot 19/ 18,905 Sq. Ft. 395 Mill Creek Cir. (0.434 AC) A copy of a portion of the original plat of Vail Village First Filing, Block 1, depicts all of the lots located on Mill Creek Circle: Town of Vail December 16, 2013 Page #15 l 4 S� N a �� lip / `ftic i4 syf_ Y � `t �V i o1 �e �f III. Conclusion. As stated above, the applicant's family has owned 302 Mill Creek Circle since purchasing it in 1968 from Mayor Dobson, and during that entire time have had two dwelling units on their property, neither of which is a deed restricted EHU, for their personal use and enjoyment. As explained above, the Community Development Department's position on the applicant's situation is that the two (2) existing dwelling units are recognized by the Town as being "grandfathered ", non - conforming uses, allowed to remain until the property is redeveloped, at which such time the EHU deed restriction would apply to any second unit constructed on their lot, which they would then be unable to use or occupy for themselves.41 The applicant certainly lauds the Town of Vail's efforts and achievements over the years in providing housing for local employees. However, it is patently unfair for the Town to impose such severe use and development restrictions on a particular group of property owners, i.e., those owning P/S lots less than 14,000 square feet in size, in furtherance of it's goal to provide employee housing. The Town of Vail's current zoning regulations at Section 12 -6D -8: Density Control, as 41 See Footnotes 40 -41 above. Town of Vail December 16, 2013 Page #16 well as those regulations imposed by Ordinance No. 22 (Series 1979) through Ordinance No. 6 (Series of 2000) cited herein above, are arbitrary and capricious with respect to requiring a second unit to be a deed restricted EHU on lots less than 14,000 square feet. These restrictions amount to a regulatory taking of the applicant's property in violation of the Due Process and Equal Protection Clauses of the U.S. and Colorado Constitutions. Accordingly, the applicant respectfully requests a variance as described in the first paragraph of this letter. Very truly yours, DEVLIN LAW GROUP, LLC ,x- oe • Timothy N. Devlin, Esq. 0 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 13, 2014 SUBJECT: A request for the review of a major exterior alteration, pursuant to Section 12 -7H- 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to increase the number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042) Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects Planner: Jonathan Spence I. SUMMARY The applicant, Diamond Rock Hospitality Company, represented by GPSL Architects, is requesting the review of an exterior alteration or modification pursuant to Section 12 -7B- 7, Exterior Alterations and Modifications, Vail Town Code, to allow for an addition that increases the number of accommodation units, located at 715 West Lionshead Circle. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the proposed exterior alteration or modification subject to the findings noted in Section IX. II. DESCRIPTION OF REQUEST The applicant, Diamond Rock Hospitality Company, represented by GPSL Architects, is proposing a Major Exterior Alteration /Modification to add nine (9) new accommodation units and remodel eight (8) other existing accommodation units to increase their level of occupancy. The proposal is to infill the existing deck area on the 6t" (top) floor of the hotel by moving the existing single loaded corridor on the north side to the center of the building and redevelop the floor with 17 accommodation units accessed from a new double loaded corridor. On the north side, the existing mansard roof will remain but the existing dormers, currently serving the corridor, will be replaced with accommodation unit windows. The existing low roof on the south side will remain while the mansard style walls will be moved out to engage the lower roof form. The existing south side accommodation unit doors will be replaced with guest windows and dormer elements. The windows on both elevations are proposed to be treated in a manner similar to the existing top floor, west elevation. A copper surround is intended to give the impression of an attic dormer window. Larger gabled dormers on the south provide views to the Gore Range and the ski mountain. The proposal includes an increase in average building height and overall maximum building height over existing of approximately one (1) foot each. Both of the proposed heights are within the overall maximums for the Lionshead Mixed Use 1 District and the Lionshead Redevelopment Master Plan. The addition of nine (9) new accommodation units also increases the parking requirement by seven (7) spaces. The Marriott, as further discussed in Section VII, has adequate parking under its control for both the existing and proposed conditions. Since the proposed remodel and addition involves "the alteration of an existing building which adds or removes any floor area ", the addition is subject to the Planning and Environmental Commission's review of an exterior alteration or modification application pursuant to Section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code. The proposed remodel /addition is also subject to Town of Vail design review to ensure conformance with the Town's adopted design guidelines. A vicinity map (Attachment A), the applicant's request (Attachments B), the proposed architectural plans (Attachment C) and the West Day Subdivision Approved Development Plan /Development Allocations spreadsheet (Attachment D), are attached for review. III. BACKGROUND The Marriott Hotel site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing building was originally constructed in 1983. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors of the hotel. The conference center below and most of the center wing were largely unaffected. The owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room layouts but stayed largely within the old bulk and mass of the building, as was defined by the preexisting steel structure. Reconstruction was completed by Christmas of 2002. The rooms on the top floor of the west wing were intended to serve as "hospitality suites ". These were primarily to be used for people who booked large events at the property as guest rooms with attached day rooms. These day rooms, comprising half of the 8 rooms on this floor, were not fitted with beds. To the south of these rooms, the Town of Vail Page 2 burned out pitched roof was replaced with an open deck that was never partitioned for the exclusive use of each room. For this reason, it is rarely occupied. IV. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Marriott Hotel expansion for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction ❑ 2.1 Purpose of the Master Plan ❑ 2.2 Definition of a Master Plan ❑ 2.3 Policy Objectives Chapter 4: Master Plan Recommendations — Overall study Area ❑ 4.8 Parking ❑ 4.9 Housing ❑ 4.13 Live Beds Chapter 5: Detailed Plan Recommendations ❑ 5.13 The Marriott Chapter 8: Architectural Design Guidelines ❑ 8.1 Vision Statement ❑ 8.2 Organization, Purpose and Scope ❑ 8.3 New and Existing Structures ❑ 8.4 Design Guidelines Zoning Regulations Article 12 -7H: Lionshead Mixed Use — 1 Zone District 12 -7H -1: PURPOSE. The Lionshead Mixed Use -1 zone district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is Town of Vail Page 3 intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off -site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated. streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -7H -7. EXTERIOR ALTERATIONS OR MODIFICATIONS: (in part) A. Review Required. The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Major Exterior Alteration. The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12 -3 -6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 12 -7H -8. COMPLIANCE BURDEN. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that Town of Vail Page 4 the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12 -7H -9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12- 7H -10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build -to line. 12- 7H -11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12- 7H -14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12- 7H -15: LANDSCAPING AND SITE DEVELOPMENT. At least twenty percent (20 %) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12- 7H -16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one -half (112) the required parking shall be located within the main building or buildings. 12- 7H -18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway Town of Vail Page 5 1V improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. ZONING ANALYSIS Address: 715 West Lionshead Circle Legal Description: Lot 1 West Day Subdivision Lot Area: 1.972 acres (85,900 sq. ft.) Zoning: Lionshead Mixed Use 1 (LMU -1) Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed /Required Existing Proposed Setbacks North: 10 ft. 0 ft. no change South: 10 ft. 60 ft. no change West: 10 ft. 15 ft. no change. East: 10 ft. 0 ft. no change Building Height: 71 ft. avg. 58 ft avg. 59 ft. avg. 82.5 ft. max. 79.2 ft. max 80.6 ft. max Density 60 DUs 35 DUs no change Unlimited AUs 315 AUs 324 AUs GRFA: 247,342 sq.ft. 149,669 sq. ft. 153,684 sq. ft. Site Coverage: 65,820 sq.ft. 64,872 sq. ft. no change Landscape Area: 15,175 sq.ft. 17,715 sq.ft. no change Parking: 276 spaces 268 spaces 297 spaces *For the purposes of zoning, the three parcels that make up the West Day Subdivision are considered one development site. As such, a spreadsheet, included as Attachment D, outlines the future development allocation of each parcel. Town of Vail Page 6 VI VII SURROUNDING LAND USES AND ZONING Zoning Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12 -7H -8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section 12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone District is intended to provide sites within the area of Lionshead for a mixture of multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial /retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the construction of nine (9) new accommodation units and the remodeling of eight (8) others with no requested variances. The accommodation use is included in the stated purpose of the Lionshead Mixed Use 1 District. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. Town of Vail Page 7 Land Use North: Residential South: Residential East: Mixed Use West: Mixed Use Zoning Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District Lionshead Mixed Use -1 District MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12 -7H -8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section 12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone District is intended to provide sites within the area of Lionshead for a mixture of multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial /retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the construction of nine (9) new accommodation units and the remodeling of eight (8) others with no requested variances. The accommodation use is included in the stated purpose of the Lionshead Mixed Use 1 District. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. Town of Vail Page 7 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policies objectives of the plan. Staff believes the following objectives are the most germane to this application. 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new lodging products. Staff believes the proposed major exterior alteration conforms to these policy objectives. The proposed increase in accommodation units and the improvements to existing units assists in the enhancement and maintenance of Vail's vitality and viability. Objective #3 is achieved through improved occupancy rates and the addition of nine (9) units to the bed base. Chapter 4: Master Plan Recommendations Chapter 4 of the Lionshead Redevelopment Master Plan provides specific recommendations related to physical and visual connections, public transportation, vehicular and pedestrian circulation, housing, public art and live beds. Staff has included for discussion only those recommendations that are relevant to the proposed expansion and remodel. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. As noted earlier in the report, the three parcels that make up the West Day Subdivision are considered one development site for the purposes of zoning. The spreadsheet of approved development allocations places the existing Marriott parking requirement at 268 spaces. This amount includes a 10% parking credit of a multi -use parking facility. According to the information provided by the applicant, the Marriott currently has 297 parking spaces under their control including 237 deeded spaces under the Ritz - Carlton Development and 60 spaces Town of Vail Page 8 under the east wing of the Marriott. The 297 spaces adequately meet both the existing and proposed parking demand. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the housing needs created by the new addition through a fee in lieu payment. The housing requirement generated by the proposal is: Net New Accommodation Unit / Limited Service Lodge Unit Proposed Accommodation Unit / Limited Service Lodge Unit 9 units x 0.7 employees / unit x 20% mitigation rate = 1.26 new employees to be housed Fee in Lieu of $74,481.00 per employee (2013 number *) $93,846.06 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Section 4.13 of the Lionshead Redevelopment Plan addresses the need for the maintenance, preservation and enhancement of the live bed base. The live bed base is critical to the success of Lionshead and special emphasis has been placed on the importance of increasing the number of live beds as the area undergoes redevelopment. The project proposes to add nine (9) additional accommodation units to the live bed base and redevelop eight (8) underperforming units. Staff believes the project meets the recommendations related to live beds. It should be noted that applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. Chapter 5: Detailed Plan Recommendations Section 5.13 of the Lionshead Redevelopment Master Plan addresses specific recommendations for the Marriott property. Many of these recommendations, including the development of the Gore Creek Residences have been met. Recommendation 5.13.3 speaks to opportunities for fagade renovation and the challenges in meeting the design guidelines with an existing structure. Recommendation 5.13.5 discusses the need to preserve and enhance the existing accommodation units. The applicant's proposal is consistent with the recommendations of this section of the Master Plan. The applicant is proposing to enhance and preserve the existing accommodation units and the new construction meets the intent of the architectural standards, as noted under Chapter 8: Architectural Design Guidelines. Town of Vail Page 9 Chapter 7: Development Standards This major exterior alteration application conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District with the no exceptions. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also be reviewing this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of the Lionshead Redevelopment Master Plan. A review by the Design Review Board has tentatively been scheduled for January 15, 2014. As this proposal involves the renovation of an existing building, rather than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case -by -case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein" rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently approved developed /re- developed projects such as the Arrabelle, Montenaros, Lion Square Lodge, Ritz Carlton, etc. There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to building eaves, wall surfaces, wall spans, ridge heights, building materials and colors, and roof dimensions and pitches. This major exterior alteration does not result in any changes to the initial eave height but the infill does result in a reduction of the building stepback, as can be seen in the east and west elevations. The reduction of this stepback, does not meet the 12' requirement of Section 8.4.2.3, Building Height. Per Section 8.4.2.7 Roofs, steep mansard roofs which exceed a 12:12 maximum pitch are not encouraged but may be necessary in certain instances. Staff believes that the existing building's form and massing make the mansard pitch requirement impractical. Staff finds both of these deviations from the design guidelines to be appropriate as the building as a whole meets the general intent and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. Town of Vail Page 10 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan and the general character of the recently redeveloped nearby properties such as Arrabelle, Montenaros, Lion Square Lodge, Ritz Carlton, etc. It is not anticipated that the proposal will have any significant negative effects related to solar shading or views. The reduction of the stepback on the top floor, south elevation, as a result of the infill will be virtually imperceptible to the pedestrian, with few primary vantage points that will recognize the changes and thus be negatively affected. This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. The applicant has submitted a traffic study which has been reviewed by the Town of Vail Public Works Department. There will be an increase in vehicle trips to the Marriott site at peak times and the applicant will be assessed a traffic impact fee by the Town of Vail Public Works Department to mitigate this increase in traffic. Staff does not believe this increase in vehicle trips will have a significant negative impact in comparison to existing traffic conditions. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Lionshead Redevelopment Master Plan (adopted 1998) Town of Vail Page 11 This proposal conforms to the Town of Vail's transportation and engineering standards. The applicant has also agreed to make a financial contribution to the Town of Vail in the form of traffic impact fees in accordance with the recommendations of the Transportation Master Plan. Therefore, Staff believes this proposal substantially complies with the applicable elements of the Transportation Master Plan. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria #2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. VIII. MITIGATION OF DEVELOPMENT IMPACTS Employee Housing As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for major exterior alteration proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Four Seasons, Manor Vail Lodge, Vail Village Inn, Solaris, Ritz Carlton, Arrabelle, Lion Square Lodge, etc. development projects. Employee Generation Calculations Net New Accommodation Unit / Limited Service Lodge Unit Proposed Accommodation Unit / Limited Service Lodge Unit 9 units x 0.7 employees / unit x 20% mitigation rate = 1.26 new employees to be housed Fee in Lieu of $74,481.00 per employee (2013 number *) $93,846.06 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Town of Vail Page 12 The applicant is proposing to provide a fee in lieu for the required employee generated housing. The Town of Vail Housing Coordinator has reviewed the applicant's employee housing mitigation proposal and has determined that proposal meets the Town of Vail's employee housing requirements and is consistent with other mitigation proposal approved for similar development projects. Traffic The proposed new accommodation units will increase the traffic flow to and from the Marriott site. To mitigate the effects of this increased traffic, the applicant will be making a financial contribution to the Town of Vail in the form of a traffic impact fee. This fee is based upon an assessment of $6,500 per increased traffic trip at peak hour. The preliminary traffic study prepared by Fox Higgins indicates an increase of 9 peak hour trips. Based upon report the traffic impact fee will be $58,500. IX. RECOMMENDATION MAJOR 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 -7H -7, Exterior Alterations and Modifications, Vail Town Code, to allow for an addition to increase the number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision 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 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 -7H -7, Exterior Alterations and Modifications, Vail Town Code, , to allow for an addition to increase the number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042)" 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: 1. This exterior alteration or modification approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Town of Vail Page 13 2. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12 -23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 3. A traffic mitigation fee of $6,500. 00 per PM Peak Hour net increase of vehicular trips for a total traffic mitigation fee of $6,500. 00 x 9 = $58,500. 00, shall be paid to the Town of Vail by the applicant prior to issuance of any certificate of occupancy. Should the Planning and Environmental Commission choose to approve the exterior alteration 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 January 137 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds. That the proposed exterior alteration is in compliance with the purposes of the LMU 1 district as specified in section 12 -7H -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. " X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. West Day Subdivision Approved Development Plan /Development Allocations Town of Vail Page 14 Town of Vail Planning and Environmental Commission Town of Vail Design Review Board Town of Vail Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 December 16, 2013 Re: PEC and DRB submittal for addition and remodel to Vail Marriott Resort Board members: Please find attached our applications to the PEC and DRB for the expansion of the top floor of the west wing of the Vail Marriott Resort. As discussed at the pre - application conference on 5 December 2013, the application to the PEC is for a major exterior alteration which adds more than 1000 sf of GRFA and 9 new AU's to the hotel. History The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors of the hotel. The Conference center below and most of the center wing were largely unaffected. The owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room layouts but stayed largely within the old bulk and mass of the building, as was defined by the pre- existing steel structure. Reconstruction was completed by Christmas of 2001. The rooms on the top floor of the west wing, which we refer to as level 147' -0" (the Property calls it the 5t" floor but it actually the 6t" floor), were intended to serve as "hospitality suites ". These were primarily to be used for people who booked large events at the property as guest rooms with attached day rooms. These day rooms, comprising half of the 8 rooms on this floor, were not even fitted with beds. To the south of these rooms, the burned out pitched roof was replaced with an open deck that was never partitioned for the exclusive use of each room. For this reason, it is rarely ever occupied. Subsequent to the reconstruction, the property was sold to Vail Resorts who then remodeled and expanded the remaining two wings of the hotel. While this work was originally approved as an SDD, it was rezoned at the completion of the Lionshead Master plan process into the LHMU -1 zone district. Vail Marriott PEC / DRB Application- 16 December 2013 Page 2 Vail Resorts then combined the Marriott property and West Day lot properties into one development site and three separate parcels: the Marriott, the Gore Creek townhomes, and the Ritz hotel. The development rights for the entire development site were allocated among the three parcels in 2006. The Marriott was then sold to the current owner, Diamond Rock Hospitality Company (DRHC). Vail Resorts remains at the hotel as the property manager. Proposed Expansion Project for the West Wing The redevelopment of the Vail Marriott has been quite successful since its completion in 2004 and the hotel frequently operates at high occupancy levels. Group business keeps things humming throughout the shoulder seasons. The 8 suites at the top level of the west wing are no longer needed to serve as hospitality suites and therefore these rooms are underperforming relative to the rest of the hotel. The Owners would like to reconfigure the layout of this floor and expand onto the south deck, infilling it with new premium guest rooms. This proposal is to move the existing single loaded corridor on the north side to the center of the building and develop 17 guest rooms accessed from the double - loaded corridor. The expansion onto the south deck adds 3016 sf of GRFA to the area of the floor and increases the number of AU's from 8 to 17. No additional height is being proposed for the existing roof and the height of the expansion will, for the most part, match that of the existing roof. The existing mansard roof on the north elevation will remain, but the existing dormers (serving the existing corridor) will be replaced with windows for the guest rooms. The existing low roof form on the south side, which serves as the guard for the deck and which shelters the balconies below, will remain. The existing south side walls are a mansard roof form covered with roofing shingles. This wall /roof form will be pushed out to engage the low roof form, thereby replicating the two plane mansard form of the north side. The existing south side guest room doors will be replaced with guest room windows and dormer features. The windows for both elevations are proposed to be treated in a manner similar to that found on the top floor, west elevation, of the center wing of the building (see photo), whereby a copper surround is intended to give the impression of attic dormer windows. At the south -east corner, the stunning views to the Gore Range and the ski mountain warrant larger gabled dormer elements on the south and east sides of the building corner. Vail Marriott PEC / DRB Application- 16 December 2013 Page 3 AM 4 Ii Center wing: west elevation at top floors showing copper window surrounds and dormers PEC Submittal Narrative Describe the precise nature of the proposed use on development objectives of the Town. This proposal is to increase the numbers of guest rooms at the Hotel by 9 units and remodel 8 others to have higher rates of occupancy. Section 2.3.3 of the Lionshead Master Plan specifically promotes the creation of additional live beds and the increased utilization of existing beds. The relationship and impact of the use on development objectives of the Town. This proposal adds live beds within the footprint of an existing Hotel. Parking already exists. There is nc increase in site coverage or decrease in landscaped area. This results in additional live beds with few, if any impacts on the neighborhood or Town of Vail; something that is very high on the list of development objectives for the TOV. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities and public facilities needs. This proposal is to infill an existing deck area on the 6t" floor of an existing hotel. No additional height is proposed beyond the roof dormers at the southeast corner- sitting under the elevator room turret. The existing parking under the Ritz is adequate to meet the requirements for this addition. The effects on light and air relative to the existing conditions are adjudged to be minimal or none. While jobs will be created / maintained with the construction of the new hotel rooms, it is anticipated that no additional employees will be necessary to service and maintain these new rooms. Therefore the impact on the permanent population, utilities, schools, parks and other public and transportation facilities will be negligible. Vail Marriott PEC / DRB Application- 16 December 2013 Page 4 The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. This proposal is to add 9 new hotel rooms to an existing hotel with 315 rooms and multiple meeting and conference rooms, an increase of less than 3 %. The required new parking already exists within an enclosed parking structure. Given that a large proportion of Hotel guests arrive by van, the net impact on the items listed above will be negligible. The 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. This proposal will no doubt increase the bulk and mass at the top of the existing Hotel on the south side as the south wall of the top floor will be moving outward by approximately 18'. However, given that the existing south wall is currently a shingled mansard roof element and the proposed new south wall will be a shingled mansard roof element that springs from another roof element, in a manner almost identical to what currently exists on the north side of the Building, the change in the apparent mass of the building will be difficult to see. Even with the addition, the face of the top floor will still be set back from the face of the building below. Additionally, there are few, if any, vantage points that will perceive the changes. The Gore Creek Place Townhomes to the south (low in height) are designed to face away from the Marriott and are too close to see the changes. West wing from pedestrian path at Gore Creek Place Townhomes Vail Marriott PEC / DRB Application- 16 December 2013 Page 5 The Ritz property is taller than the Marriott and so the increased mass at the Marriot will still sit below and behind the bulk and mass of the Ritz. The properties on the south side of Gore Creek are too far away to really be impacted by the change in the bulk and mass, given that the viewing angles are much flatter. Applicable Development Standards GRFA The allowable GRFA for the property, as defined in the 2006 Marriott Hotel /Gore Creek Place/ West Day Lot allocation memo, is 247,342 sf. This existing Hotel is listed at 149,669 sf. The addition of 3,016 sf still leaves 94,657 sf of GRFA for future development. Site Coverage As the addition sits within the footprint of the existing west wing, no additional site coverage is being proposed. Setbacks As the addition sits within the footprint of the existing west wing, there is no impact on setbacks. Building Height Under the LMU -1 zoning, section 12- 7H -11, the maximum average height allowed for the entire Hotel property, exclusive of architectural features, is 71' -0 ". The maximum height allowed is 82' -6 ". The existing average height for the entire Marriott complex is 58.12'. The proposed addition increases this number to 59.17 ". The existing maximum height for the west wing, exclusive of the turret features ( the elevator machine room and boiler exhaust chimney), is approx. 79' -2 "'. As the pre- existing grade on the site was falling gently to Gore Creek, the proposed expansion southward across the deck increases this height to 80' -8 "'. Both average and maximum height are within the requirements of the LMU -1 zone district. Landscape Area As the addition sits within the footprint of the existing west wing, there is no impact on landscaped area. No new landscaping is proposed. Vail Marriott PEC / DRIB Application- 16 December 2013 Page 6 Parking The 2006 Marriott Hotel /Gore Creek Place/ West Day Lot allocation memo sets the parking requirement for the existing hotel at 268 spaces. This represents a 10% reduction from the Code due to shared parking with the Ritz property. Sixty (60) of these spaces are located on the Hotel site and 208 are located under the Ritz. When Vail Resorts sold the Marriott property TO DRHC, they conveyed 237 parking spaces under the Ritz to the new owners. These spaces represent the number of structured parking spaces that were in the parking structure torn down in order to build the Ritz. These 237 spaces, in combination with the 60 under the east wing of the Marriott, total 297 spaces. Therefore there are 297 -268 = 29 excess spaces available to the Marriott Resort. No new parking is being proposed for the additional 9 AU's being created as the required parking will be taken from the available excess spaces. Per section 12 -10 -10 of the Vail Code, accommodation units are required to have .7 spaces per AU. For the proposed 9 new AU's, this totals .7 x 9 = 7 new spaces required. Thus the 29 excess spaces will be reduced by 7 spaces, leaving 22 excess spaces. The Town Code also requires that Hotels provide an additional 1 space for every 330 sf of conference or meeting room space. As no new conference or meeting room space is being proposed, this requirement does not apply. Submittal items not included Per our discussion at the pre - application conference, no three dimensional representation or model is being submitted at this time. It is anticipated that we will have something for the PEC and DRIB hearings. Per our discussion at the pre - application conference, we are not submitting and shade /shadow studies. The infilling of the south deck throws no northward shadows and the shadows thrown to the east and west fall on space that is either already shaded by the building or on the existing roofs of the hotel. For the DRB, it should be noted that all materials and colors are to match existing. As the proposed addition sits within the footprint of the existing west wing, there are no changes to the existing site. A new site plan is not included as the survey documents the existing conditions and grades. As the proposed addition sits within the footprint of the existing west wing, there are no changes to the existing landscape. A new landscape plan is not included. As the proposed addition sits within the footprint of the existing west wing, and, as the proposed addition will result in the removal of existing light fixtures, and, as no new light fixtures are being proposed, a lighting plan is not included. 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Attachment: 13 TOWN OF VAI015 Memorandum To: Planning and Environmental Commission From: Community Development Date: January 13, 2014 Subject: A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC130043) Applicant: HCT Development, LLC, represented by TJ Brink Planner: George Ruther SUMMARY The applicant, HCT Development, LLC, represented TJ Brink, is requesting a final review of a minor subdivision application, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, to create the plat entitled: "Final Plat, Vail /Lionshead Second Filing, A Resubdivision of Lot 2. Block 1. Town of Vail. County of Eagle. State of Colorado ". The Community Development Department is recommending approval of the minor subdivision application with the findings as listed in Section VI of this memorandum. For reference, the attachments include a copy of the proposed final plat (Attachment A). II. DESCRIPTION OF THE REQUEST The applicant is requesting a final review of a minor subdivision application, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, to create the plat entitled: " Final Plat, Vail /Lionshead Second F i I i ng, A Resubdivision of Lot 2. Block 1. Town of Vail. County of Eagle. State of Colorado ". The purpose of the minor subdivision is to create two lots for the Evergreen development site. III. ZONING ANALYSIS Address /Legal 250 South Frontage Road /Lot2, Block 1 Vail Lionshead Filing Description: No.2 Parcel Size: 2.6272 acre (114,439 sq.ft) Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Development Standard Allowed Existing Proposed Lot Area: 10,000 sq. ft. 114,441 sq. ft. Lot 2E 10,005 Lot 2W 104,434 Setbacks: 10ft. North - 30 ft. No change East- 11 ft. West- 11 ft. South- 16 ft. Building Height: 82.5 ft. max 70.8 ft. max No change Density: 91 DUs (35 /ac.) 19 DUs No change AUs (unlimited) 128 AUs GRFA: 285,842 sq. ft. 96,231 sq. ft. No change Site Coverage: 80,040 sq. ft. (70 %) 38,886 sq. ft. No change Landscape Area: 22,867 sq. ft. (20 %) >20% No change Parking: 260 spaces No change No change required Loading 1 berth 1 berth No change IV. APPLICABLE PLANNING DOCUMENTS Title 12: Zonina Reaulations, Vail Town Code (in part) Chapter 4, Minor Subdivision, Title 13, Subdivision Regulations, of the Vail Town Code prescribe the review criteria for a request for a minor subdivision. Pursuant to Section 13 -4 -2, Procedure, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code. According to Section 13 -4 -2C, Review and Action on Plat, Town of Vail Page 2 "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 minor subdivision or the minor subdivision 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 subdivider According to Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code, (in part) "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C of this chapter. " V. REVIEW CRITERIA The following are review criteria for a minor subdivision, as outlined in Section 13 -3 -4, Vail Town Code: 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 Staff finds the proposed subdivision is consistent with all applicable elements of the adopted goals, objectives and policies outlines in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. Specifically, the subdivision helps to ensure vehicular access to the medical campus and the enclosed parking garage is maintained along the South Frontage Road which furthers the goals of minimizing the number of vehicular trips to the medical campus from West Meadow Drive. This will further the purpose of the Lionshead Redevelopment Master Plan land use designation, which states that "uses and activities for these areas are intended to encourage a safe. convenient and an aesthetically - pleasing guest experience. " 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 ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; Staff finds that the proposed subdivision is in compliance with all standards of Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code. Because the two lots will be considered one development site, there are no Town of Vail Page 3 changes to any development parameters except lot size. The minimum lot size in the LMU -1 District is 10,000 square feet, and both Lot 2E (0.2296 acre /10,005 square feet) and Lot 2W (2.3976 acres/ 104,434 square feet) are in compliance with this requirement. There are no requirements in the LMU -1 District for street frontage. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Staff finds the proposed subdivision presents a harmonious, convenient, workable relationship among land uses that is consistent with municipal development objectives. 4. The extent of the effects on the future development of the surrounding area; Staff finds the proposed subdivision will have no negative impacts on the future development of the surrounding area. Instead, the proposed subdivision may allow for the improved implementation of the Town's development objectives by ensuring access to the medical campus is maintained along the South Frontage Road. Further, the proposed subdivision will not have any effect on the future development of the two lots, as they will be treated as one development site and the lots will have the same development potential as it does today. 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, As this application is for a subdivision of an existing platted and developed parcel, staff finds the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog pattern of development. This is due to the fact that the subdivision will not negatively impact the current or future development patterns of the site as the two lots will be treated as one development site for zoning purposes. 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 undersized lines; Staff finds the utility lines are sized to serve a complete build -out of the site, which does not change from the subdivision of the property. 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; Town of Vail Page 4 Staff finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole as the subdivision allows for the continued use of the improvements on both Lots 2E and 2W. The parking and access improvements on proposed Lot 2E are critical to the continued operations of the Evergreen Lodge and the Vail Valley Medical Center. This is especially important if the community's goal of reducing the number of vehicle trips to the Vail Valley Medical Center via West Meadow Drive is to be realized. 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; Staff finds the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves the request for final review of the minor subdivision application. Staffs recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, subject to the following findings: "Upon review of the request fora minor subdivision to create the "Final Plat, Vail /Lionshead Second Filing, A Resubdivision of Lot 2. Block 1. Town of Vail. County of Eagle. State of Colorado " the Planning and Environmental Commission finds: 1. That the subdivision is in compliance with the criteria listed in Section 13 -4 (Minor Subdivision) Vail Town Code; and 2. That the subdivision 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 subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the subdivision 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. " Should the Planning and Environmental Commission choose to approve the request for review of a minor subdivision, Staff recommends the following motion be made: Town of Vail Page 5 "Based on the evidence and testimony presented at this hearing and the review criteria in Section V of this memorandum, the Planning and Environmental Commission hereby approves a request for a final plat, pursuant to Chapter 13 -4 (Minor Subdivisions), Vail Town Code, to allow for the subdivision of one lot into two lots (2E & 2W), located at 250 South Frontage Road West /Lot 2, Block 1, Vail /Lionshead Filing 2." VII. ATTACHMENTS A. Proposed Final Plat Town of Vail Page 6 Legal Description: Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded October 15, 1971 in Book 221 at Page 990, County of Eagle, State of Colorado, Excepting therefrom: Condominium Units 5 -A, 5 -B, 5 -C, 5 -D, 5 -E, 6 -A, 6 -B, 6 -C, 6 -D, 6 -E, 6 -F, 6 -G, 6 -H, 6 -I, 6 -J, 7 -A, 7- B, 7 -C and 7 -D, together with all portions of Common Elements owned by the owners of Vail Inn Condominiums (formerly Talblick Condominiums) according to the map thereof recorded May 29, 1974 in Book 234 at Page 872 and the First Amendment recorded November 15, 1977 in Book 262 at Page 327, and the Second Amendment recorded February 18, 1988 in Book 479 at Page 155, and in accordance with the Condominiums Declaration of Vail Inn Condominiums (formerly Talblick Condominiums) recorded May 29 1974 in Book 234 at Page 871 and First Amendment to said Declarations recorded August 6, 1974 in Book 235 at Page 941 and Second Amendment to said Declarations recorded November 15, 1977 in Book 262 at Page 327 and Third Amendment thereto recorded February 18, 1988 in Book 479 at Page 154 and also excepting therefrom: That part of Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded October 15, 1971 in Book 221 at Page 990, County of Eagle, State of Colorado, described as follows: Beginning at the southeast corner of said Lot 2; thence along the southerly line of said Lot 2 N79040'25 "W 177.28 feet; thence departing said southerly line N49 0 10'00 "E 3.29 feet; thence N06 054'46 "E 68.92 feet; thence S85 050'00 "E 69.37 feet to a point on the northeasterly line of said Lot 2 also being the southwesterly right -of -way line of Interstate 70; thence the following two courses along said right -of -way: 1) S38 047'58 "E 21.22 feet; 2) 104.48 feet along the arc of a non - tangential curve to the left, having a radius of 469.30 feet, a delta angle of 12 045'21 ", and a chord that bears S54 024'40 "E 104.26 feet to the northeast corner of said Lot 2; thence along the easterly line of said Lot 2 S 100 18'47 "W 20.42 feet; to the Point of Beginning, containing 2.3945 acres more or less. Legal Description: That part of Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded October 15, 1971 in Book 221 at Page 990, County of Eagle, State of Colorado, described as follows: Beginning at the southeast corner of said Lot 2; thence along the southerly line of said Lot 2 N79040'25 "W 177.28 feet; thence departing said southerly line N49 0 10'00 "E 3.29 feet; thence N06 054'46 "E 68.92 feet; thence S85 050'00 "E 69.37 feet to a point on the northeasterly line of said Lot 2 also being the southwesterly right -of -way line of Interstate 70; thence the following two courses along said right -of -way: 1) S38 047'58 "E 21.22 feet; 2) 104.48 feet along the arc of a non - tangential curve to the left, having a radius of 469.30 feet, a delta angle of 12 045'21 ", and a chord that bears S54 024'40 "E 104.26 feet to the northeast corner of said Lot 2; thence along the easterly line of said Lot 2 S 100 18'47 "W 20.42 feet; to the Point of Beginning, containing 0.2297 acres or 10,005 square feet, more or less. I I x m y c Ro. I e e _u I a o F v o� a R o O w a � d o u .w I_ o W R _ _ Q 0 1 a � 1 2 0 s u u — H 0 x > o v 6 U LJ W . u a r a 6 o u m H m I 6-�� om I - o d D1 3 a4 - III II II II II _ Qo > o 0 S 0 k w m_ fs. I I e o 0 Ga E tl v to tl o d E E � a a ® w z � o N., p z 3 o00 - - 7 _ _ 1 1 1 1 1 Vp - E - - 1 _ s m of Eve_18 _ EKI C) C) E - nh AN, HM n, 7 INN n, Ad Name: 9815866A THIS ITEM MAY AFFECT YOUR PROPERTY representative ofthe Vail Daily. That the same Daily newspaper PUBLIC NOTICE Customer: TOWN OF VAIL /PLAN DEPT /COMM NOTICE IS HEREBY GIVEN that the Planning and Your account number is- 1 OP2P 33 Environmental Commission of the Town of Vail will hold a public hearing in accordance with section Vail Daily and uninterruptedly in said County of Eagle for a period of 12 -3 -6, Vail Town Code, on January 13, 2014 at 1:00 pm in the Town of Vail Municipal Building. more than fifty -two consecutive weeks next prior to the first Alterations or Modifications, Vail Town Code, to allow for an addition to increase the number of ac- publication of the annexed legal notice or advertisement and P g A report to the Planning and Environmental Com- that said newspaper has published the requested legal notice h q g mission on the administrator's approval of an PROOF OF PUBLICATION amendment to an existing conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town The Vail Daily is an accepted legal advertising medium, Code, to allow for the continued temporary use of STATE OF COLORADO } the tennis facility for conferences and conventions, located at 1300 Westhaven Drive /Cascade Village (Special Development District No. 4, Cascade Vil- }ss Iage, Area A), and setting forth details in regard I thereto. (PEC130040) COUNTY OF EAGLE } Applicant: Vail Cascade Resort and Spa, repre- sented by Don MacLachlan Planner: Joe Batcheller I, Don Rogers, do solemnly swear that I am a qualified A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursu- representative ofthe Vail Daily. That the same Daily newspaper ant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a nonconforming printed, in whole or in part and published in the County lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in re- of Eagle, State of Colorado, and has a general circulation g g gard thereto. (PEC130041) Applicant: Williams Family Trust, represented by Devlin Law Group therein; that said newspaper has been published continuously Planner: Warren Campbell and uninterruptedly in said County of Eagle for a period of A request for the review of a major exterior alter - ation, pursuant to Section 12 -7H -7, Major Exterior more than fifty -two consecutive weeks next prior to the first Alterations or Modifications, Vail Town Code, to allow for an addition to increase the number of ac- publication of the annexed legal notice or advertisement and P g commodation units, located at 715 West Lions- head Circle (Vail Marriott Mountain Resort) /Lot 2, that said newspaper has published the requested legal notice h q g West Day Subdivision, and setting forth details in regard thereto. Diamond Rock Applicant: Diamond Rock Hospitality Company, and advertisement as requested. represented by GPSL Architects Planner: Jonathan Spence A request for the review of a final plat, pursuant to The Vail Daily is an accepted legal advertising medium, Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South only or jurisdictions operating under Colorado's Home Frontage Road West /Lot 2, Block 1, Vail Lions - 3 p g head Filing 2, and setting forth details in regard Rule provision. thereto. (PEC130043) 1� Applicant: HCT Development, LLC, represented by TJ Brink Planner: George Ruther That the annexed legal notice or advertisement was The applications and information about the propos- als are available for public inspection during office published in the regular and entire issue of every hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The number of said daily for the period of I public is invited to attend site visits. Please call Y h 970 - 479 -2138 for additional information. consecutive insertions; and that the first publication of said Sign language interpretation is available upon re- quest, with 24 -hour notification. Please call notice was in the issue of said newspaper dated 12/27/2013 and 970- 479 -2356, Telephone for the Hearing Im- that the last publication of said notice was dated 12/27/2013 paired, for information. Published December 27, 2013, in the Vail Daily. in the issue of said newspaper. (9815866) In witness whereof, I have here unto set my hand this day, 01/03/2014. 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 01/03/2014. � 2m.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ My Commismn Expires 11/0112015 Ad Name: 9860946D 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 1/10/2014 and that the last publication of said notice was dated 1/10/2014 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 01/15/2014. 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 01/15/2014. � 2m.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ My Commission Expires 11/0112015 PLANNING AND ENVIRONMENTAL COMMISSION January 13, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERSPRESENT MEMBERSABSENT Site Visit: 45 minutes 1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive 2. Vail Marnott Mountain Resort - 715 West Lionshead Circle 5 minutes 1 A report to the Planning and Environmental Commission on the administrators approval of an amend- ment to an existing conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Dnve /Cascade Village (Special Development Distnct No, 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 2. A request for the review of a final plat, ppursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Front- age Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC130043) Applicant: HCT Development, LLC, represented by TJ Bnnk Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursu- ant to Chapter 12:17, Varances, Vail Town Code, to allow for two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130041) Applicant: Williams Family Trust, represented by Devlin Law Group Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: CONDITION(S): 15 minutes 4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Dnve /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: MOTION: SECOND:VOTE: CONDITION(S): 15 minutes 5. 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: MOTION: SECOND:VOTE: CONDITION(S): 30 minutes 6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Extenor Alte- rations or Modifications, Vail Town Code, to allow for an addition to increase the number of accommoda- tion units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042) Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 7. A request for the review of a variance from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit 33 /Lot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025). Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc Planner: Joe Batcheller ACTION: Table to February 24, 2014 MOTION: SECOND:VOTE: 8. 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, Varances, 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: Table to March 10, 2014 MOTION: SECOND: VOTE: 9 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: Jonathan Spence ACTION: Table to March 10, 2014 MOTION: SECOND:VOTE: 10. Approval of December 16, 2013 minutes MOTION: SECOND: VOTE: 11. Information Update 12. 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 January 10, 2014 in the Vail Daily. (9860946)