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Home My WebLink About2014-0210 PEC TOWN OF VA1L' PLANNING AND ENVIRONMENTAL COMMISSION February 10, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Medley Residence —4444A Streamside Circle 15 minutes 1. A request for a final review of a variance, from Section 12-14-17, Setback From Water Course, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for additional gross residential floor area within the stream tract setback, located at 4444A Streamside Circle/Lot 11, Bighorn Subdivision 4th Addition, and setting forth details in regard thereto. (PEC140001) Applicant: Mark Medley, represented by Steven James Riden Architect Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): 30 minutes 2. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 — 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002) Applicant: Town of Vail Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 90 minutes 3. A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Titles 12 & 14, Zoning Regulations and Development Standards, pertaining to the definitions, use restrictions and development standards for Commercial Ski Storage and Private Ski Clubs, and setting forth details in regard thereto. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): Page 1 4. A request for a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130046) Applicant: Deltec Bank and Trust, represented by Eggers Architect Planner: Jonathan Spence ACTION: Table February 24, 2014 MOTION: SECOND: VOTE: 5. Approval of January 27, 2014 minutes MOTION: SECOND: VOTE: 6. Information Update 7. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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 February 7, 2014 in the Vail Daily. Page 2 TOWN OF VAIt f PLANNING AND ENVIRONMENTAL COMMISSION February 10, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Luke Cartin Henry Pratt Susan Bird Michael Kurz John Rediker departed at 3:05 prior to the start of the 3rd item Pam Hopkins Site Visit: 1. Medley Residence —4444A Streamside Circle 15 minutes 1. A request for a final review of a variance, from Section 12-14-17, Setback From Water Course, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for additional gross residential floor area within the stream tract setback, located at 4444A Streamside Circle/Lot 11, Bighorn Subdivision 4t" Addition, and setting forth details in regard thereto. (PEC140001) Applicant: Mark Medley, represented by Steven James Riden Architect Planner: Joe Batcheller ACTION: Tabled to February 24, 2014 MOTION: Hopkins SECOND: Bird VOTE: 5-1-0 (Kurz opposed) Joe Batcheller gave a presentation per the staff memorandum. Commissioner Kurz asked if the Environmental Sustainable Coordinator had been consulted with regard to the application. Joe Batcheller stated he had not spoken with the Environmental Sustainability Coordinator. He added that he had spoken to the adjacent duplex owner who asked that the trees to be relocated on the west elevation be ensured to survive. Commissioner Pierce asked about the age of the trees planted on the west elevation and the finished floor elevation of the basement and the high water elevation. Steven Riden spoken to the trees having been planted 4 or 5 years ago. He then spoke to the difference between the floor elevation and high water elevation. Commissioner Hopkins inquired how the sub-pumps would be powered. Steven Riden stated they would be you typical electric pumps with floats to trigger the power. Commissioner Hopkins also asked how the high water mark was determine. Steven Riden did not know; it was on the survey. Commissioner Bird asked how the limit of disturbance fence works. Steven Riden said that it was a two different fences with one being a silt fence and the other being a taller plastic fence. There was no public comment. Page 1 Commissioner Pratt asked if it were relevant to the request that the property has changed ownership since the adoption of the stream setback regulations. Commissioner Rediker asked two questions. How does staff's recommendation jive the Town trying to eliminate encroachments into the Streamtract? Are there any studies regarding impacts of concrete walls so close to the creek? Joe Batcheller stated he had no information on the second question; and that the condition with the approval is an attempt to mitigate any potential impacts to the steam. Warren Campbell clarified the difference between efforts to improve town owned stream tracts and private property that fronts streams. Steven Riden responded that the owner intends to do some work to protect the bank and with regard to native vegetation. He spoke to the depth of the existing foundation being nine feet on the south side and it steps up on the west side. The foundation will need to be extended down to a deeper depth. Commissioner Rediker asked about the Army Corps of Engineers having been consulted or was their involvement needed. Joe Batcheller spoke to the application not needing the Corps review. Commissioner Kurz asked George Ruther, Director of Community Development, if there was anything precluding the Environmental Sustainability Coordinator from reviewing applications such as this. He added that he struggles to evaluate a request such as this which may have impacts on stream health when the Water Quality Improvement Plan doesn't allude to cause and therefore solutions to solve the problem. George Ruther stated there wasn't; however, the town staff has been enforcing encroachments onto publicly owned property and not improvements on private property. Commissioner Bird inquired as to the methods used to construct the improvements and how materials and equipment will be prevented from causing negative impacts to the creek. Steven Riden elaborated on the ability to construct the improvements. Commissioner Pratt asked if the path around the house was critical to the design. Steven Riden stated that his owner desired the path. Commissioner Pierce asked how the dirt would be removed from the crawlspace. Steven Riden spoke to the soil being removed from the west side window wells. Jim Lamont, Vail Homeowners Association, spoke to his group's goal of have fair and equitable treatment. The salient issue is that there are criteria to be used in evaluating this request. He added that he does not believe there are clear, enforceable standards for what can occur within the stream setback with regard to landscaping. He highlighted that he has spoken to plant specialists and it is his belief that a plan for streambank vegetation needs to be developed. He believes there needs to clearer ordinances with regard to the stream setbacks. George Ruther spoke to breaking the application into two questions. First does the application comply with the criteria. Second apply any conditions necessary to address the concerns, if any. Page 2 Commissioner Pratt stated that the basement excavation was in compliance, however, the walkout was not in compliance. Commissioner Kurz stated that he voted in opposition to the tabling as he did not feel a hardship had been proven. 30 minutes 2. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 — 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002) Applicant: Town of Vail Planner: Jonathan Spence ACTION: Recommendation of approval MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0 Jonathan Spence gave a presentation per the staff memorandum. Commissioner Pratt asked for clarification regarding the creation of the zone district and the fact that no properties were currently in that zoning. He then asked why the Town was making the application. He followed up with a question regarding whether or not this would be "spot zoning". Jonathan Spence responded with a brief history of the VVT District and why the town was the applicant. Spence also explained spot zoning and why this effort, supported by the Vail Village Master Plan, is no considered spot zoning. Commissioner Kurz asked for precedence with regard to zoning a property in the face of opposition or have properties been allowed to opt out? George Ruther spoke to the rezoning of Lionshead as a result of the Lionshead Redevelopment Master Plan. John Dunn, attorney for Dolph Bridgewater, stated his clients were neutral with regard to this request. Dominic Mauriello, spoke to the history of the application which included the town taking over the concept of the VVTH district which landed the responsibility for applying the district with the town. Several properties are just not comfortable with opting in to the application to rezoning, much as the Vail International was not comfortable with being rezoned Lionshead Mixed Use-1 district when the opportunity presented itself. 90 minutes 3. A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Titles 12 & 14, Zoning Regulations and Development Standards, pertaining to the definitions, use restrictions and development standards for Commercial Ski Storage and Private Ski Clubs, and setting forth details in regard thereto. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence ACTION: Tabled to February 24, 2014 MOTION: Kurz SECOND: Bird VOTE: 5-0-0 Page 3 Jonathan Spence gave a presentation per the staff memorandum. Commissioner Pierce asked what was creating the urgency with this request. Jonathan Spence spoke to the moratorium that expires in March. Commissioner Kurz asked what has changed that would cause the town to not utilize horizontal zoning. Jonathan Spence spoke to how the use has changed and that it may be appropriate to included it as a permitted or conditional uses in certain zone districts. Commissioner Pierce inquired as to what land uses would be displaced if a change was made to include a new land use such as was being discussed. Jonathan Spence spoke to his conversation with several commercial real estate brokers that provided insight on the demands for office and what makes a particular use occur in a location or not. Commissioner Bird stated that she sees a distinction between ownership and leasing of this type of use. Jonathan Spence spoke to how land use regulations do not take into consideration the ownership. There was discussion regarding how the zoning code lists multiple uses, both permitted and conditional, on the various floors of structures in Vail Village and Lionshead. What was being discussed with this request was not the creation of a singular allowed use. Dominic Mauriello, representing Rick Mueller, owner of the Vista Bahn Building. He pointed to the document he provided that is attached to the staff memorandum. He added that the prevailing policy direction given by the Council was to allow the use as a conditional use while providing protection against any unwanted consequences. He spoke to how once a property becomes residential it is unlikely it will ever become a different use. He concluded by stating that this new use will not displace desired land uses which is exhibited by the multiple below grade clubs and restaurants which have not become ski storage/clubs over the past few years. Commissioner Pierce spoke to the Los Amigos as being first floor on the ski yard and second floor along Bridge Street. He added that he sees this as a conditional use. He spoke to the need to understand where clients and guests will expect to be dropped off. Tom Neyens, owner of Ski Valet, operator of ski storage since 1991, stated that this use has become more privatized and is looked to be marketed to groups largely from outside Vail. He does not see an immense need for the use and he has availability. He understands people want to be in the Vail Village, however, do we want this use at the top of Bridge Street? The top of Bridge Street was blighted with the absence of the Tap Room this past summer. He believes this use at the top of Bridge Street will create blight and a dead zone as there will be no draw to the general public. He suggested that the Commission be very careful about making this change. Many of the clubs in existence currently offer free beer and food, which results in no greater generation of tax dollars. Page 4 Rick Mueller, owner of the Tap Room Building, spoke to his club concept which would be open to everyone. He spoke to the generation of parking revenue by his users as they parking in the town structures. He highlighted a survey he did of his users and the majority stated that they are more likely to stay in town to enjoy shopping and dining because of this available use. He spoke to a comparison of an office use and the proposed use in terms of the increased flow of people to and from an identical space. His proposal is a part of the ski culture. The market is going to dictate how many spaces go to this land use. All second floor spaces are not going to become ski clubs/storage. What is the town trying to control? The town is constantly trying to bring more people into town and this just continues that goal. Chris Creamer, manager of Ski Haus for Intrawest, spoke to need to figure out who the target market is in this conversation. He believes a retail and rental element is needed to accompany the land use. He has available ski lockers, so he doesn't see the need. People come to his store and Vail because of convenience. The next great thing is to provide convenience. Commissioner Bird asked what Mr. Creamer uses his space for in the summer. Chris Creamer stated that the below grade storage space is mostly being used for back stock and storage in the summer. Commissioner Pierce spoke to a need for balance. Every space cannot become ski lockers as it would not be attractive to guests. How much space do we have now that could be potential ski lockers? Tommy Neyens stated he gets $1,250 for basic locker service and few amenities. He spoke to cost of locker and club memberships increasing as you go up Bridge Street. Is there anyway to do something at the parking structure? There is no lodge or storage provided at the base of the mountain. He believes the Cordillera Club was a mistake and continuing that would be a mistake. The use should be pushed to the base of Bridge street in close proximity to the parking structures. Jonathan Spence spoke to a need to focus on the policy in this discussion not the specific second floor of the Vista Bahn Building. He used the example of real estate offices having once been permitted on the first floor and then prohibited has made the spaces more valuable (scarcity of allowed spaces) and are likely never to be a different land use. Commissioner Kurz stated that having experience in brand and business development he cannot find any opportunities that outweigh the concerns. He believes this use belongs in the basement and maybe on upper floors like the fourth floor. Jonathan Spence spoke to staff's desire to provide any information it can to help make the decision. Some data is not possible to find. It would be possible to quantify the amount of space on the lowest level or garden level. George Ruther asked that we open the conversation up as this is a work session. We have already heard about loading and delivery concerns and that it may be more appropriate at the parking structures. Seasonality is an issue that has come up. The need for convenience for the guest. Commissioner Bird suggested there may be issues with public verses private and how does that work. Page 5 George Ruther spoke to previous conversations which including a ski storage use as a part of a ski rental shop which has retail. Jeff Babb, representing Vail resorts, stated he is still having difficulty understanding what is trying to be addressed. Each of these is a different animal. The skier guest is looking for these services. Basic overnight ski storage does not make money, it pays for itself. There are waiting lists for some clubs and there is availability in other clubs. He does not believe we want to be in the business of limiting the various markets individuals want to take advantage. Guests want proximity. A family does not want to dress their family in the parking structure but at the base of the mountain. What are we trying to do? Are we looking at ski clubs holistically or a specific space for a business opportunity? Dominic Mauriello suggested that the conversation should not involve available capacity. He believes a need can be demonstrated. Location is what this is all about. As an example the number of open tables at the town's restaurants is not used as an evaluation tool for whether or not there are enough restaurants or if more are needed. This is a conversation he believes has been going on since he was a planner with the town which was how do we get people out of their skis to spend more time in the villages. A ski locker creates loyalty to a particular resort by the renter of the locker. Commissioner Bird spoke to the possibility to collect tax on initiation fees and a monthly use tax. Commissioner Kurz stated that people who do not ski do not see a benefit from the change of available uses in a proposal such as this. Are we making a change to address 300 people or 10s of thousands? And is that change positive? This is a challenge that is not listed. The extension of the club to include summer activities makes this more appropriate. Commissioner Pratt believes the biggest challenge is to not interfere with market forces. Sees the clubs are a necessary amenity but they limit opportunities. A village full of ski storage is not desired. Office is not likely to rent at the top of Bridge Street. Feels like we are rewriting the code to address a single instance. We need to spend our time anticipating the market instead of trying to control it. A good chef can make a restaurant successful anywhere in a town of this size. He does not believe it is appropriate for him to make these decisions. Jonathan Spence clarified that he believes the Commission is the appropriate authority to make these decisions. Rick Mueller spoke to the past 8 months of lost opportunity. He has spoken to a dozen restaurateurs that have looked at the space and the second floor is of concern. Commissioner Hopkins spoke to her experience with her office in town and when they were permitted to be converted to residential. She continued by explaining the degradation of the community through the loss of office throughout the village. Not a place for locals anymore. Tommy Neyen spoke to the 2006 determination of similar use which was flawed as the Cordillera Club has not operated as a cocktail lounge and bar as it was determined to be the same as. We need to get this down to a manageable discussion. If we want to get people here we need to do daily basket storage, not private lockers. Private lockers and clubs will result in the situation where residences on Forest and Beaver Dam Roads are occupied for a minimal amount of time each year and dark and inactive most of the year. Page 6 Commissioner Pierce stated that he does not believe we need to have the amount of basement floor quantified as there is a significant amount of below grade space currently in place. Why haven't the permitted spaces for commercial ski storage been converted thus far. Commissioner Kurz spoke to a need simplify the chart. It would be important to add value to the brand by making a use year round. Commissioner Pratt stated he believes there needs to be more time to think about this proposal. Tommy Neyens spoke to comments by Councilman Kurz comments about taking the time necessary. Commissioner Pierce spoke to the location of drop off and parking for ski clubs and ski storage being no better than other lodges. 4. A request for a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130046) Applicant: Deltec Bank and Trust, represented by Eggers Architect Planner: Jonathan Spence ACTION: Table February 24, 2014 MOTION: Kurz SECOND: Hopkins VOTE: 5-0-0 5. Approval of January 27, 2014 minutes MOTION: Pratt SECOND: Bird VOTE: 5-0-0 6. Information Update 7. Adjournment MOTION: Kurz SECOND: Bird VOTE: 5-0-0 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 February 7, 2014 in the Vail Daily. Page 7 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 10, 2014 SUBJECT: A request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow for a residential addition in the Gore Creek setback, located at 4444 A Streamside Circle / Lot 11, Bighorn 4th Addition. (PEC140001) Applicant: Mark Medley, represented by Steven James Riden AIA Architect Planner: Joe Batcheller I. SUMMARY The applicant, Mark Medley, represented by Steven James Riden AIA Architect, is requesting a variance from Section 12-14-17, Setback From Watercourse, Vail Town Code, located at 4444 A Streamside Circle / Lot 11, Bighorn 4th Addition. The variance is requested to allow the applicant to construct additional Gross Residential Floor Area primarily within the existing building footprint located within the required 50- foot Gore Creek setback. Staff is recommending approval, with conditions, of the requested variance as a physical hardship exists on the property and the granting of the variance will not result in a granting of special privilege to this individual property, subject to findings and criteria outlined in Sections VII and VIII. II. DESCRIPTION OF REQUEST The applicant, Mark Medley, represented by Steven James Riden AIA Architect, is requesting a variance from Section 12-14-17, Setback From Watercourse, Vail Town Code. The lot, located at 4444 A Streamside Circle, backs up to Gore Creek and therefore is required by Section 12-14-17, Setback From Watercourse, to have all structures maintain a 50-foot minimum setback from the centerline of the creek. A vicinity map is attached for reference (Attachment A). The applicant proposes to excavate the existing crawl space and create a finished basement — a portion of which now lies eight and a half feet (85) within the Gore Creek stream setback. The existing footprint would be altered to capture 73 square feet of an inset articulation that occurs in the floor plan. The articulation in the structure that occurs above grade is located by the egress to the rear deck and will remain unaltered. Window wells, walk-out egress, and a flagstone path are also proposed. The addition would increase the square footage of the existing unit by 1 ,518 square feet. Of the additional square footage, 242 square feet would count towards Gross Residential Floor Area after the basement deduction has been taken into account. 255 square feet of the proposed addition would occur within the 50-foot Gore Creek stream setback. The applicant's request (Attachment B), photographs (Attachment C), and proposed architectural plans (Attachment D) are attached for reference. III. BACKGROUND • This property was annexed into the Town of Vail by Ordinance 20 of 1974 which became effective on November 5, 1974. The property was zoned Two-Family Residential zone district. • The existing house was approved by the Design Review Board on January 7, 1975, and construction was completed in 1977. • Staff has researched how the house was approved in its current location and ascertained that the Vail Town Code was amended to include the 50-foot Gore Creek stream setback with Ordinance 19 of 1976. • On September 22, 2003, a stream setback variance was approved for the neighboring unit at 4444 B Streamside Circle to allow for an encroachment into the stream setback of approximately 20 feet. The existing duplex was approved in its current location on January 7, 1975, and therefore is subject to the Town's land development regulations. Staff has determined the reason the structure is located within the Gore Creek setback is because the stream setback regulation did not existed when approval was granted. All improvements constructed on the property were lawfully approved. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: VAIL LAND USE PLAN (in part) CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows. 1. General Growth/Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER Vl, SECTION 4, PROPOSED LAND USE CATEGORIES (in part) LDR Low Density Residential This category includes single-family detached homes and two-family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part) ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT(in part) 12-6C-1: The two-family residential district is intended to provide sites for low density single-family or two-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two-family 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. SECTION 12-14 SUPPLEMENTAL REGULATIONS (IN PART) 12-14-17. SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. CHAPTER 12-17. VARIANCES (in part) 12-17-1. Purpose. A. Reasons For Seeking Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted. Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. V. SITE ANALYSIS Address/legal description: 4444 Streamside Circle/Lot 11, Bighorn 4th Addition Zoning: Two-Family Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Duplex Development Standard Allowed Existing Proposed Lot Area: 15,000 s.f. 22,172 s.f. No Change Setbacks: Front: 20' 20' No Change Sides: 15' 157100' No Change Rear: 50' Gore Creek 28' No Change Building Height: 33' 27' No Change Density: 2 units 2 units No Change GRFA: 5,317 s.f. 4,184 s.f. 4,426 s.f. Site Coverage: 4,434 s.f. (20%) 3,878 s.f. (17.5%) 3,951 s.f. (17.8%) Parking: 5 spaces 5 spaces No Change VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Residential Cluster & Low Density Multiple Family District South: Residential Two-family Residential District East: Residential Two-family Residential District West: Residential Two-family Residential District VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. A. Consideration of Factors Regarding the Setback Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes that the proposed setback variance request is compatible with and comparable to the surrounding development along Streamside Circle. Many of the existing homes in the vicinity of the applicant's property encroach into the Gore Creek stream setback, including the following: • 4346 Streamside Circle • 4444 B Streamside Circle (neighboring unit) • 4542 Streamside Circle • 4582 Streamside Circle • 4592 Streamside Circle On September 22, 2003, a watercourse setback variance was approved for the existing home at 4444 B Streamside Circle to allow for the construction of two dormers over existing Gross Residential Floor Area that encroached into the stream setback. The Gross Residential Floor Area did not increase however, as the dormers were located in a vaulted area higher than 16 feet, which was not counted towards Gross Residential Floor Area at the time, per the Vail Town Code. Like 4444 A Streamside Circle, the structure was approved for construction before stream setbacks were established in the Vail Town Code. Staff recommended approval of the addition on the basis that the applicant would otherwise be deprived of privileges enjoyed by the owners of other properties in the Two-Family Residential District. The existing unit at 4444 B Streamside Circle encroaches into the stream setback approximately 20 feet. Like the aforementioned property, other non-conforming structures have been granted watercourse setback variances, such as: • 433 Gore Creek Drive, Unit 16B February 22, 2010 • 433 Gore Creek Drive March 26, 2007 • 103 Willow Place July 10, 2006 The watercourse setback variances were granted in large part due to structures having been built before the Town adopted zoning regulations, including watercourse setbacks. The proposed addition at 4444 A Streamside Circle is primarily within the existing building footprint, which already encroaches into the 50-foot Gore Creek setback by 18 feet. The existing footprint would be altered to capture 73 square feet of an inset articulation that occurs below grade. The articulation in the structure that occurs above grade is located by the egress to the rear deck and will remain unaltered. The exterior stairs to the deck will be reconfigured, decreasing the current footprint of the deck, in order to accommodate a walk- out egress for the lowest level. Of these features, the stairs to the deck and stairs to the walk-out egress will all occur within the 50-foot Gore Creek setback, encroaching seven feet, ten inches (7'10") into the setback. All of these improvements would occur outside of the 100-year floodplain. Therefore, staff believes that the applicant's request for relief from the 50-foot Gore Creek setback requirement will not have any negative impacts on the existing or potential uses and structures in the vicinity of the applicant's lot. 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. Staff believes 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 district. As stated above, a stream setback variance was granted in the Two-Family Residential District for the adjacent unit in the duplex. Many properties along Gore Creek encroach into the stream setbacks. The applicant is proposing an addition below grade, primarily within the existing building footprint, with new stairs to the existing deck and stairs to a walk-out egress. The existing structure and deck encroach approximately eight feet (8') into the stream setback. The new stairs would encroach an additional seven feet, six inches (7'6") into the setback. The applicant has proposed to reduce the footprint of the existing deck to accommodate a reconfigured set of stairs, rather than exacerbating the encroachment. Staff believes that due to the site's constraints, the strict literal interpretation or enforcement of the 50-foot Gore Creek setback would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe there would be any negative impacts associated with this proposal, if constructed, on the above-referenced criteria. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-14-17 (Setback From Watercourse) to allow for the addition within the required 50-foot Gore Creek setback primarily beneath existing Gross Residential Floor Area currently located in the required setback at 4444 A Streamside Circle/Lot 11, Bighorn 4t"Addition, 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 12-14-17 Setback From Watercourse, Vail Town Code pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the stream setback, located at 4444 A Streamside Circle/Lot 11, Bighorn 4t"Addition, 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 apply the following conditions: 1. Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal. 2. The applicant shall submit plans with a design review board application that includes a landscape plan illustrating natural vegetation to exclusively occur between the proposed flagstone walkway and the stream in order to protect the health and integrity of the Gore Creek. 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 the criteria of Section Vll of the February 10, 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 Residential 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 Residential 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 Two-Family Residential District. IX. ATTACHMENTS A. Vicinity Map B. Applicants' Request with Historical Documentation C. Photographs D. Architectural Plans w w I • \� n - w I N I Mw . � ��\'�, 1 �" � ` ` ` ♦'�M'. Ili �' y I 1 • �w p a, t r n. ^+w Attachment B 0,��4. Steven James KiJen A.I.A.Arcbitect F.C. P.O.goX 3238 Vail,CO 81(58-3238 570-3280+58 970-389-01 50 mobile steveHJenarchtect@pmail.com www.Ki j e n a rch itec.t.co m January 13,2014 Planning and Environmental Commission Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re; 4444 A Streamside Circle, Lot 11A BSB Duplex Subdivision, a re-subdivision of Lot 11, Bighorn 4t" Addition A variance request. The owner's of 444 Streamside Circle are requesting a variance to the 50' Gore Creek centerline setback to allow construction to add habitable space below the existing built structure. This residence constructed in 1975 was prior to a specific assigned setback, which placed upon the site in 1976(Ord. 19(1976) §17.700). As noted on the plans submitted the setback is actually within the existing habitable space. This creates a non- conforming situation and will require a variance for any improvements (Ord. 29(2005) § 33 Since the recent revision of the GRFA ordinances that allows for improvements below grade, numerous projects of this nature have been approved and completed. This is in step with the development objectives of the Town to allow for property improvements and does not impact any other use nor change the existing use. Without relief from the requirements of this setback this property could not be similarly improved. The result of the setback enacted after the residence was constructed has placed a hardship upon the owners and their ability to improve the property. The proposed remodel is to be constructed without exceeding the Gross Residential Floor Area (GFRA) and will not add to the bunk and mass of the existing structure above grade. Granting the variance does not grant a special privilege, as the impact is not beyond the existing structure above grade and no other addition to the allowable square footages and mass and bulk have been requested. Additionally other variances of this nature have been granted to situations to other properties similar in past circumstances. There is no effect upon the light, air, distribution of population, transportation and traffic facilities nor public facilities or public safety. The owners are requesting relief from the strict requirements of the following portions of the zoning regulations(portions underlined): 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this title for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. (Ord. 29(2005) § 40: Ord. 5(2001) § 5: Ord. 8(1973) § 20.400) 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. (Ord. 29(2005) § 40: Ord. 8(1973) § 20.300) 12-14-17: SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30') from the center of the established creek or stream channel as defined by the town comprehensive plan base maps; provided, however, that the setback from Gore Creek shall be fifty feet (50'). Natural creek or stream channels may not be rechanneled or changed. (Ord. 29(2005) § 33: Ord. 19(1976) § 15: Ord. 8(1973) § 17.800) The owners believe they have demonstrated what is necessary to grant a variance per: 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. Respectfully submitted, Steven James Riden AIA Architect Lois Valenti 2012 Exemption Trust Joseph R. Busch,Jr Trustee 4752 E. Links Parkway Littleton, CO 80122-3731 Mountaintime LLC c/o Harold Korell 3333 Allen Parkway 2708 Houston,TX 77019 Neal Groff 4455 Glen Falls Lane Vail, CO 81657 Jeffery I and Sarah j Bonugli 1453 Heimer Lang Rd Spring Branch, TX 78070-5916 Sitzmark at Vail 183 Gore Creek Dr. Suite 1 Vail, CO 81657 -n ^ �.,. 1► a �",w• ?'r T"i r� � 'fir .y � AVM.� ',.V ��:; �° •'� 't„, �. .. a � w MEMO woos= X T _ r a a U �r ca Q , y a t a1 r w • - a a„ ,',%loll`,. I A If 711, N•x a �x ..� ...+ k��.•`-cask "' .:itP*";rB,.,';'''��.. d�..$,. � - ' w •s�-,. • , �a%fir:�s., ,r - ( X I w y hM� r. rN I ;M 4 a i # , 1� e X f �e. a a ,6 1 nI" a P, F a� a y g n P, � � ice' i • '� � FIV 1 h , �t X711}�3 l aY 4i I, I I u .t y _ � J _ � 1 0 r..,x. p 'J 6 d4 lY t✓ Y , x , ... fn �� _ I � +{ •N r+� Vi'µ{ ? .e�f.,+ �. w ,,ar � � a m.• .,a.; «.. 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(PEC140002) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY ZONE DISTRICT BOUNDARY AMENDMENT The applicant, Town of Vail, has submitted a rezoning application for the Planning and Environmental Commission's review to rezone the properties known as the Vail Rowhouses (7-13) and the Texas Townhomes, located at 303 and 483 Gore Creek Drive respectively. 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 the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed zone district boundary amendment application, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail is proposing a zone district boundary amendment to the parcels listed below from the High Density Multiple-Family District to the Vail Village Townhouse District. Page 1 1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7 2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8 3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9 4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10 5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A 6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11 B 7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12 8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13 9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13 10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1 11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1 AKA TEXAS TOWNHOME LOT 2(1) 12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2 AKA TEXAS TOWNHOME LOT 2(2) 13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3 14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A) 15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B) 16. FORBES/PARKER CONDOMINIUMS UNIT: 5A AKA TEXAS TOWNHOME LOT 5(A) 17. FORBES/PARKER CONDOMINIUMS UNIT: 5B AKA TEXAS TOWNHOME LOT 5(B) 18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1 AKA TEXAS TOWNHOME LOT 6(1) 19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2 AKA TEXAS TOWNHOME LOT 6(2) 20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1 AKA TEXAS TOWNHOME LOT 7(1) 21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2 AKA TEXAS TOWNHOME LOT 7(2) 22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8 23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9 A complete property list including ownership and assessor's parcel numbers can be found as Attachment C. A vicinity map (Attachment A), the proposed rezoning map (Attachment B) and written public comment received (Attachment D) have been attached for review and inclusion in the record. III. BACKGROUND On August 21, 2012 the Vail Town Council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council first, as a private property owner initiated application and later, as a Community Development staff led effort. This zone district was established for the following purposes: 1 . To provide for the regulation of existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District. 2. To create incentives for the redevelopment of the existing townhouse properties in Vail Village. Town of Vail Page 2 3. To preserve the existing character of the townhouse properties in Vail Village and the existing character of the neighborhood. With the Vail Village Townhouse Zone District in place, staff reached out to the property owners of the parcels originally identified as potentially suitable for a Community Development Department initiated rezoning. Those properties included the Vail Rowhouses (7-13) and the Texas Townhomes in addition to the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. A first correspondence requesting feedback was initiated on August 1, 2013 with a second request occurring on November 18, 2013. The deadline for feedback from the November 18th request was December 9, 2013. Vail Row Houses (1-6), Vail Trails Chalets and Vail Trails East have submitted letters of opposition representing their 56 units. Opposition has also been received from the owners of units 11 and 11 B of Vail Rowhouses and the owners of units 6 and 6B in the Texas Townhomes. Of the approximately 77 units, staff has received opposition from 60, support from 4 and no response from the remaining 13. On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On January 10, 2014 staff notified the owners of the properties affected by the proposed rezoning of the proposal and the planned meeting dates. This correspondence was in addition to the formal notice which was sent to the property owners on January 23, 2014 and published in the Vail Daily on January 24, 2014. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding a recommendation to the Vail Town Council of approval, approval with modifications, or denial of zone district boundary amendment applications, in accordance with the provisions of Section 12-3-7, Amendment, Vail Town Code, Design Review Board: The Design Review Board has no review authority over a zone district boundary amendment. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to change zone district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the Council elects to proceed with an ordinance amending the regulations or changing zone Town of Vail Page 3 district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the town. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows. 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors 4. Village Core/Lionshead Town of Vail Page 4 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains) 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2. Quality time share units should be accommodated to help keep occupancy rates up. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS GOAL # 1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1. 1 Implement a consistent development review process to reinforce the character of the Village. Objective 1. 2. Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1. 2. 1. Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1. 4. Recognize the "historic"importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1. 4. 2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL # 2. To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. Town of Vail Page 5 Objective 2. 1. Recognize the variety of land uses found in the 11 sub —areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2. 1. 1. The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL # 3. To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3. 1. 1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3. 2. Minimize the amount of vehicular traffic in the Village to the greatest extent possible. GOAL # 5. Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5. 1. 5. Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. CHAPTER VII: Vail Village Sub —Areas East Gore Creek Sub -Area (#6) ML AST �5 a -- . r i ■ V"'10-AG .t rY t4 - j -.., •x \ 4 !+ EAST GORE CREEK A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi—family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. Town of Vail Page 6 While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by green space additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2. Purpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. Town of Vail Page 7 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-2: Definitions (in part) LOT OR SITE. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-6H: High Density Multiple-Family District (in part) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. Article 12-6J: Vail Village Townhouse Zone District (in part) 12-6J-1: PURPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically Town of Vail Page 8 developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple-family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. Town of Vail Page 9 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 2(2012) § 4) Town of Vail Page 10 Cl) o ~ o U) U . N (D Q Q � U u� E �- Z3 F aD �. (D Q � E CJO N C6 •"J � W LL cB D 0 U � C� >Z D O O N N N N O N O > 4 Q 4 N c OO > ONOZ 0000 c� Z) Z Lb Oo 0- 0- W a J J_ J N > cB _0 Q E 0 N N N (D ~ 2 4t� > "- Q LL J 0 Q N LL 0 N N N N N N U' O O N O 0 Q Q (� c LL OO � OOO p LO N N W = Z Z � OZ CY) 0- 0- J a J O � � J Q N E Z3 0 Cn E Z E LU 0 N N � U _ C: (D N 0 O O -0 O m i L 0) LL LL O N a O O 0 N p) C: m O to O- .- N N (D Q C1 J Q a m LL Co 0� m > m d p (D O U 0) 0) N U U U 0 (D> Q N U D J CO 2 0 CO J 0- 0- VII. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Open Space, Natural Area Outdoor Recreation (OR) and Natural Area Preservation (NAP) South: Residential, Lodging High Density Multiple Family (HDMF), Public Accommodation (PA), Parking (P), SDD #17, SDD #19 and SDD #28 West: Open Space, Commercial Outdoor Recreation (OR), Commercial Core 1 (CC1) and High Density Multiple Family (HDMF) East: Residential SDD #38, General Use (GU) and High Density Multiple Family (HDMF) VIII. REVIEW CRITERIA ZONE DISTRICT BOUNDARY AMENDMENT Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment 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. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). Page 12 2.1 The community should emphasize its role as a destination resort while accommodating day visitors 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains) 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2. Quality time share units should be accommodated to help keep occupancy rates up. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2. Purpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. Town of Vail Page 13 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed rezoning to be consistent with the following purpose of the Vail Village Townhouse District identified in Section 12-6J-1, Purpose, Vail Town Code: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail Rowhouses condominium, Vail Rowhouses (7-13), Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. The Vail Village Townhouse District is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple-Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique residential character of existing townhouse developments in Vail Village. Therefore, Staff finds the proposed rezoning meets this review criterion. Town of Vail Page 14 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Multi-family residential dwellings, including attached and row dwellings are allowed as a permitted use in the Vail Village Townhouse District The proposed rezoning continues to allow the existing uses on the site but corrects a number of nonconformities that existed previously under the High Density Multiple-Family Zone District. It should be noted that not all nonconformities will be eliminated with this action. Variances, although greatly reduced in number and degree, may still be necessary in some circumstances. Surrounding uses include residential, lodging and commercial uses in a resort setting. The scale and intensity of these uses is compatible with the uses permitted under the Vail Village Townhouse Zone District. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the existing residential properties currently have a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. As a component of the establishment of the VVT Zone District, the Vail Village Mater Plan was amended by Resolution No. 7, Series of 2012. These amendments include design considerations that will, in concert with the dimensional standards of the zone district, ensure the continued, harmonious relationship between land uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. This zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the Vail Village Townhouse Zone District, working with the VVT specific design considerations of the Vail Village Master Plan, will provide for appropriate, compatible development. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Village Master Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning and therefore finds the proposed rezoning meets this review criterion. Town of Vail Page 15 5. The extent to which the zone district amendment 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 that rezoning of this property from the High Density Multiple-Family District to the Vail Village Townhouse District will not alter the impacts on the natural environment in comparison to existing conditions. The Town of Vail owned streamtract is located directly to the north of both the Vail Rowhouses (7-13) and the Texas Townhomes. The fifty foot (50') required setback from the centerline of the Gore Creek is not entirely within the streamtract and does impact these properties. The required watercourse setback will not be altered as a result of the proposed zone change and the streamtract will continue to be monitored for possible encroachments. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Vail Village Townhouse Zone District as outlined in Section V of this memorandum. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The subject properties were constructed between 1963 and 1965 prior to the incorporation of the Town of Vail in 1966 and the first zoning regulations in 1973. The Town of Vail's articulated desires for the timely and appropriate redevelopment of the subject properties render the existing High Density Multiple-Family zone designation inappropriate. Therefore, Staff believes the proposed rezoning meets this review criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple- Family District to the Vail Village Townhouse District, for the properties located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 — 9 Vail Village Filing 4, and setting forth details in Town of Vail Page 16 regard thereto. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, for the properties located at 303 Gore Creek Drive (Vail Rowhouses 7- 13) and 483 Gore Creek Drive (Texas Townhomes)/Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 — 9 Vail Village Filing 4, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated February 107 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote 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." X. ATTACHMENTS A. Vicinity Map B. Rezoning Map C. Property List D. Public Comment Town of Vail Page 17 PIN Owner Name Physical Property Legal Description per Address Eagle County Assessor APPEL, LISA LEVIN 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot:7 210108231001 AKA VAIL ROWHOUSE UNIT 7 SHIRLEY, ERICKSON S. 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot:8 210108231002 AKA VAIL ROWHOUSE UNIT 8 CHRISTOPHER B. GALVIN 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot:9 210108231003 REVOCABLE TRUST AKA VAIL ROWHOUSE UNIT 9 SUN UP TRUST 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 210108231013 10 AKA VAIL ROWHOUSE UNIT 10 BRIDGEWATER, B.A.,JR& BARBARA 303 Gore Creek Drive TOWNHOUSE ON LOT ELEVEN Unit: 210108231009 P. A AKA VAIL ROWHOUSE UNIT 11A BRIDGEWATER, B.A.,JR& BARBARA 303 Gore Creek Drive TOWNHOUSE ON LOT ELEVEN Unit: 210108231010 P. B AKA VAIL ROWHOUSE UNIT 11B GALVIN, MICHAEL P. - ETAL 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 210108231007 12 AKA VAIL ROWHOUSE UNIT 12 210108231011 VAIL RETREAT LLC 303 Gore Creek Drive OGLESBY/STOREY CONDOS Unit: 1 210108231012 VAIL RETREAT LLC 303 Gore Creek Drive OGLESBY/STOREY CONDOS Unit: 2 210108235016 PARKER, FOXHALL A. & HELEN W. 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 1 GORDON, LORIE 483 Gore Creek Drive TOWNHOUSE LOT 2 VAIL VILL 4TH 210108272002 Lot: 1 GORDON, LORIE 483 Gore Creek Drive TOWNHOUSE LOT 2 VAIL VILL 4TH 210108272003 Lot: 2 WOODHULL TRUST JOHN AND 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 3 210108235004 BARBARA WOODHULL TRUSTEES WOODHULL FAMILY 2010 TRUST 483 Gore Creek Drive MURFREE CONDO Unit:4A 210108273005 FBO ELIZABETH W. PERKINS WOODHULL FAMILY 2010 TRUST 483 Gore Creek Drive MURFREE CONDO Unit:4B 210108273006 FBO JOHN A.WOODHULL EDWARDS, LEE MACCORMICK 483 Gore Creek Drive FORBES/PARKER CONDOMINIUMS 210108274008 Unit: 5A GORDON, LORIE 483 Gore Creek Drive FORBES/PARKER CONDOMINIUMS 210108274007 Unit:5B MACCORMICK,ALEXANDER 483 Gore Creek Drive TOWNHOUSE LOT 6 VAIL VILL 4TH 210108275014 Lot: 6 UNIT 1 MACCORMICK,ALEXANDER 483 Gore Creek Drive TOWNHOUSE LOT 6 VAIL VILL 4TH 210108275015 Lot: 6 UNIT 2 PROCHNOW,CHRISTOPHER T. & 483 Gore Creek Drive TOWNHOUSE LOT 7 VAIL VILL 4TH 210108276011 ANN T. Lot: 7 UNIT 1 HELEN H. CHATFIELD TRUST 483 Gore Creek Drive TOWNHOUSE LOT 7 VAIL VILL 4TH 210108276010 Lot: 7 UNIT 2 210108235009 LIGHTHALL, DIANE GAMEL 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 8 LIGHTHALL, DIANE GAMEL 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 9 TOGETHER WITH A PORTION OF LOT 210108235001 A, BLOCK 1,VAIL VILLAGE FILING 7 a OL y.'l l : l l W i l l ' TM { -- �,,. ■1 � � ..,,.,;� 1,0,311 ---ON137vHo ok a I f 1 ' 1 r \ VAIL VALLEY OR —— v Ia l • �. v v 40 \ \ Z i F low _ ■ f W { e T� - ' - o ry T af Lu 1 i L Wy e , W is aoaiae From: Chris Galvin To: Council Dist List;Jonathan Spence; Warren Campbell; Stan Zemler; iflamont(abvail.net; aiai(aboddlotent.com Subject: Vail TownHouse Re-Zoning Date: Friday, December 13,2013 12:01:02 PM Dear Town Council Members: As many of you are aware, it was my application that started the three year process to create the new Vail Village Townhouse District which was adopt a year and a half ago. My team, the PEC, and the Town Council worked tirelessly to develop a district that everyone could agree to. Its appears now that there is some opposition to being rezoned and I believe the primary reason for the opposition was that the building height restriction went too far: from the 48' allowed today to the 38' in the adopted ordinance. There were many trade-offs included in the ordinance. Design elements like requiring the second and third floors to setback further from the street. Elements that did a very good job at protecting the character of Vail Village. The PEC actually recommended 43', a reduction of 5'from the current HDMF. This is consistent with the maximum height in the Village core, the Vail Village Urban Design Guide Plan, and the Vail Village Master Plan. I believe that 43' for sloping roofs may be the right number and believe that similarly situated properties such as Vail Rowhouses, Vail Townhouse Condos (Vail Rowhouses 1-6), and Texas Townhomes and most of their owners would agree to this. The Town should take the time to verify with the owners of Vail Townhouse Condos (1-6 Vail Rowhouses) and Texas Townhomes that the height is in fact the significant reason for being opposed. The majority of Vail Rowhouses 7-13 are supportive of the rezoning. If we verify that there is support amongst these three properties for 43', 1 would like to suggest that you bring forward two ordinances: one to change the height from 38' to 43' in the VVT District and the other to rezone the Vail Row House properties (1-13) and the Texas Townhomes. You can always exclude from the rezoning Mr. Bridgewater's property (Lot 11) without negatively affecting the remaining properties I also believe it is appropriate that you not rezone Vail Trails Chalets and Vail Trails East at this time. They have their own redevelopment ideas which may involve adding new density and dwelling units. Those owners have expressed interest in developing a more robust plan for their buildings which should not slow the redevelopment efforts of the other properties. They would always have the right to come back later and request a rezoning. Thank again for all of your support and help over the last 5 years. Sincerely, Chris Christopher B. Galvin HARRISON STREET I Capital LLC 71 South Wacker Drive Suite 3575 Chicago, Illinois 60606 Tel. 312-920-0600 Email: caalvin�harrisonst.com (Dictated via Dragon-Transcription errors possible) TOWN OF VAIL ) Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 10, 2014 SUBJECT: A worksession with the Planning and Environmental Commission to explore regulatory options resulting from a change in policy related to ski storage and ski clubs. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence I. INTRODUCTION In the Spring of 2013 the Department of Community Development received a written request for a use determination concerning ski storage/ski club type uses on the second floor of the Vista Bahn Building, formerly occupied by the Tap Room bar and restaurant. This request was utilizing for its basis the 2006 determination by Town Council that a ski club with ski storage where the storage did not utilize in excess of 30% of the floor area was, for the purposes of zoning, the same as a "cocktail lounge and bar," a defined use in the Town Code. This determination allowed the Cordillera Gondola Club to operate out of the third floor of the Vista Bahn Building since that time. On June 18, 2013, the Vail Town Council enacted a moratorium on the acceptance and processing of land use applications involving ski storage/ski clubs to December 17, 2013. The purpose of the moratorium is to enable the community to study their effects, with consideration for the Town's existing land use regulations and master plans. This moratorium has been extended to March 19, 2014 to allow additional time to complete the necessary analysis and review. The Community Development Department presented a historical background on the Commercial Ski Storage use at the January 7, 2014 work session before the Town Council. At this meeting the council requested additional information concerning sales tax generation, the varieties of ski storage/ski clubs in operation and about the possible impacts ski storage/ski clubs on existing or future business/professional office uses Staff returned to the Town Council on February 4, 2014 with the information requested to build upon the previous conversation and for a determination on what changes, if any, to the policy on Commercial Ski Storage and private ski clubs may be appropriate. The direction provided for staff is included in Section II below. Town of Vail II. PURPOSE This worksession before the Planning and Environmental Commission is intended to familiarize the commission with the issue and begin to explore regulatory mechanisms that reflect the Town Council's policy direction. It is the intent of the Community Development Department to return to the Planning and Environmental Commission on February 24, 2014 with draft language for a recommendation to the Town Council. The following problem statement, goal, objectives and council direction provide a summary of the issues that are to be addressed: Problem Statement The storage of skis and skiing related gear has evolved from the storage of equipment to a personal service desired and often expected by our guests. As this land use has evolved, the Town of Vail Town Code has remained static, choosing instead to characterize the new uses as variants of other uses. As a result of this inaction, the town code is unable to provide the necessary regulatory framework to effectively and fairly uphold the intent of the Lionshead and Vail Village Master Plans and the Town Zoning Code itself. Goal To adopt language that accurately defines existing ski storage and ski club type uses; provides a regulatory framework that promotes guest service and the Vail brand; implements a revised policy on ski clubs/ski storage and that allows for the fair and consistent enforcement of these uses in the Town of Vail. Objectives • Clearly define all new terms. • Balance the intended benefits with foreseen and unforeseen challenges. • Use language that is unambiguous. • Create regulations that allow for fair, consistent and practical enforcement. Council Direction On February 4, 2014 the Vail Town Council directed staff to engage the Planning and Environment Commission and the community on revisions to the Vail Town Code to reflect the variety of ski storage type uses in existence and to address a revision to the policy on the allowable locations for these uses. Specifically, the Town Council instructed staff to explore locating ski storage and ski club type uses above the first floor or street level of a building. Town of Vail Page 2 III. BACKGROUND On September 26, 1989, the Planning and Environmental Commission (PEC) unanimously approved a request to amend the Commercial Core I zone district to include commercial ski storage as a permitted use in the basement or garden levels of a structure. Many requests were being made at that time to locate commercial ski storage operations on the first floor or street level, which was the impetus for the creation of the new use. Prior to this, ski storage facilities were being permitted as accessory to a ski shop or a personal service business if located in the basement or garden level. The use was restricted to basement or garden levels with the recognition that personal service uses did not provide the dynamic retail storefronts that are essential to the pedestrian character of Lionshead and Vail Village. This was done in keeping with the purpose of the horizontal zoning regulations passed by the Vail Town Council fourteen years prior. This approval became effective with the passage of Ordinance 26, Series of 1989. The definition reads as follows: COMMERCIAL SKI STORAGE. Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. IV. CONSIDERATIONS Existing Policy on Commercial Ski Storage The existing policy on ski storage stems largely from the characteristics of its use at its inception in 1989. At that time, the use could be characterized as warehousing and was best suited for areas least accessible and visually discrete to the guest. As a use with minimal vitality and no direct sales tax generation, Commercial Ski Storage joined other uses including barber shops and professional offices that were considered appropriate on the basement and garden levels but not on the first floor or street level of a structure. Horizontal Zoning In the early to mid 1970's, an imbalance of land uses was identified as a threat to the character of Vail Village, resulting in a concerted effort to encourage a more desirable mix of land uses.' In 1975, the Vail Town Council passed Ordinance No. 16, which established horizontal zoning within the Commercial Core I zone district — part of the purpose of which was "to promote a variety of retail shops at the pedestrian level." Since then, the Vail Town Code has been amended to further refine horizontal zoning. Town Council minutes from September 2, 1975; memorandum from Community Development to the PEC dated February 13, 1975; memorandum from the PEC to Council dated July 11, 1974. Town of Vail Page 3 In 1978, the horizontal zoning concept was applied to Lionshead with Ordinance No. 50. With Ordinance No. 39, Series of 2007, the terms basement or garden level, and first floor or street level were clarified. In that ordinance, it is stated, The intent of this "horizontal zoning"technique is to encourage a vibrant retail environment adjacent to the pedestrian areas of both Vail Village and Lionshead; while also facilitating mixed use developments composed of office, residential and commercial uses. The concept of horizontal zoning has been embraced within the Town's master plans. In the Vail Village Master Plan, horizontal zoning is cited as a means of achieving Goal #2, which is: TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR- AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. The Planning and Environmental Commission has advocated for horizontal zoning since its inception, preferring retail at first floor or street level locations because the use fosters street life, provides vitality and generates more tax revenue than service related uses.2 Evolution of Use Commercial Ski Storage, as codified and defined in 1989, was largely a back-of-house operation where skis were accepted from guests, at slopeside or other locations, placed on carts and then stored. Another iteration of the use common at that time was the individual for-rent ski locker. This use enabled individuals to keep their equipment in close proximity to the ski slopes, which was also located largely away from public view in the basement or garden level. Since that time, the use has been refined significantly. The ski storage/concierge service use has become an expected guest service. Skis are still accepted slopeside and are stored below grade but additional guest services are offered in a club setting including food and beverage, upscale lockers and socializing areas. Club membership availability is limited with extensive waiting lists occurring at many of these social establishments. Examples of this type of use include the Vail Mountain Club, located in Mountain Plaza, and the Passport Club, located at Golden Peak. Several lodging properties, including the Sebastian, Sonnenalp and the Four Seasons Resorts, have opened up operations near the ski slopes to offer their guests similar services. The Four Seasons provides individual lockers on the second floor of the "Hong Kong Cafe" building that store helmets, gloves etc. while the skis and snowboards 2 PEC minutes: September 26, 1978 (Benchmark Real Estate Offices); October 24, 1978 (Brandess/Cadmus Real Estate Offices); June 23, 1997 (Vail Associates Commercial Ski Storage); January 9, 2012 (Treetops Commercial Space) Town of Vail Page 4 are carted and stored in the basement. Other services offered in addition to the lockers are socializing areas and limited food and drink. These operations function similar to the established ski clubs. Since the January 7, 2014 worksession with Town Council, staff has met with many of the operators of ski storage/ski clubs. As anticipated, the use has evolved considerably and can be separated into five (5) distinct classifications. Each classification has its own attributes and impacts. The seasonality of use and its impacts on the guest experience, commercial vibrancy, village vitality and sales tax collections was recognized as a concern by Town Council at the January 7t" meeting. The chart below is an attempt to illustrate the five (5) classifications, their seasonality and their similarities and differences with the shaded cells indicating a general departure from the historic Commercial Ski Storage use. Sales Tax Generation As requested at the January 7, 2014 Town Council Worksession, the Community Development Department with the assistance of the Finance Department has put together average sales tax generations per square foot based on an analysis of seven (7) restaurants located in either Vail or Lionshead Village. The average sales tax generation per square foot on a yearly basis is $17.00. For a restaurant of 2,300 square feet, the yearly generated sales tax would be $39,100.00. Staff also analyzed the sales tax generation numbers for three (3) ski storage/ski club establishments also located in Vail or Lionshead Village. The average sales tax generation per foot on a yearly basis is $2.29. For an operation of 2,300 square feet, the yearly generated sales tax would be $5,267.00 For contextual purposes it is important to remember that the above numbers are direct sales tax only and do not include indirect sales tax generated as a result of a particular use or business. In addition, the direct sales tax numbers do not account for an increase in lodging tax revenues as a result of a rise in lodging rates attributable in part to the level of guest service facilitated by a slopeside ski storage/ski concierge presence. Seasonality and Retail Challenges The locating of uses other than restaurant or retail on the second level pose challenges to Vail's stated goals and policies. Goal #2 of the Vail Village Master Plan, identified previously, includes the following policy statement: Policy 2.4.1. Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Town of Vail Page 5 The potential challenges to locating uses other than retail or restaurant, ski storage and ski clubs uses, are more clearly enumerated in Section V below. All mountain resorts struggle with the seasonality of their economies. The Town of Vail, through significant resource expenditure, has attempted to diminish this seasonality. Any enactment of policy must remain cognizant of the potential dangers of seasonality and its direct and indirect effects on the sales tax generation, vitality and the guest experience. It should be noted that the existence of non-direct sales tax generating uses as permitted uses in the Town Code above the street level or first floor (office, residential and personal services) does not in itself support adding additional uses as permitted or conditional. All uses must be evaluated on their merits in determining allowable locations and operating characteristics within the goals and purposes of the code. The importance of moving forward consciously in a deliberate and well thought out manner can not be understated. The allowance of uses in locations previously not permitted can have far reaching, unanticipated consequences. Although new code language may be repealed or changed if problems arise, the effects can be long term. The existence of nonconforming uses can be an encumbrance on the realization of the Town of Vail's adopted goals. Town of Vail Page 6 ¥ _ co 0 & \ e Q e » . / a 0 " \ § \ U -0 \ _ Co E \ $ — m = 0 = cr 2 & / ' 7 % k ° \ U 0 / \ $ $ CL 2 0 \ $ / Q m c V \ e 7 $ 2 / 2 2 > / \ / $ / / / k E \ § \ / 7 / / � .k Ln $ C CL _ o — _ < ) / o Qj o _ ® ° _ _ _ 0 -0 ) Co 2 ® t g / 2 Co c 2 g § 0 3 7 / ( \ \ 0 0 k / § Co \ ) \ \ ° k f / 7 ) 0 < E e 2 ( j / / c .� 3 f f / $ § § 2 U / / � e ƒ % 2 e = •u $ m = _ M e Q / ■ \ 2 u » 2 / = o e ƒ 3 co/ k E / u 0 \ \ \ [ \ 2 2 \ k f \ 2 G e � U 2 2 / / ° � / ' / / o ) ƒ k E E \ k / \ \ \ u $ 7 @ 0 2 2 %k = 2 k aj 4 km 2 2 2 2 [ -j \ i d � _ > 0 c § w It is the intent of these use distinctions and their corresponding characteristics to assist in the policy discussion and ultimately in the direction staff receives from Council. It is important to remember that revised zoning regulations and development standards resulting from any change in policy will have impacts on the villages' horizontal zoning schemes. V. CHALLENGES AND OPPORTUNITTIES The Vail Town Council has instructed staff to work with the Planning and Environmental Commission to explore the regulatory framework necessary to actualize the benefits resulting from a revised policy on ski storage/ski club that permits locations other than the basement or garden levels. It is essential for the decision makers to understand and address not only the perceived benefits but also the challenges resulting from this change in policy direction. To do this effectively, staff has created lists of use attributes, both opportunities and challenges, to assist in ensuring that the result of any changes to the code result in a net benefit to the community. To put it in the simplest of terms, we must not create regulations whose unintended consequences result in the diminution, on the whole, of the Vail brand, guest experience, village vibrancy or sales tax collections. Opportunities • Enhance guest experience by increasing the availability of ski storage locations. • Meet guest expectations by increasing the variety and presence of ski storage/ski club options • Increase indirect sales tax generation by encouraging post-skiing expenditures in the villages as a result of being unencumbered of equipment. • Maintain and increase Average Daily Rates (ADR) for area lodging through continued and expanded concierge ski services. An increase in ADR has a direct effect on tax generation through an increase in the amount of lodging tax collected. Challenges • Non-optimal level of direct sales tax generation • Potential seasonality of operation • Restricted hours of operation (no evening activity) • Privatization of guest options and experiences • Outdoor storage of skis and accessories • Transportation by operators of ski equipment between hotel and condominium developments and the ski storage/ski club operation (loading and delivery) • Oversaturation of use within a building or area Town of Vail VI. QUESTIONS In recognition of the abbreviated time frame as a result of the moratorium and to assist in maximizing the productivity of the worksession, staff has prepared the following questions/requests. This list is not all encompassing and staff encourages the Commission to bring forth additional questions that may assist in the facilitation of the meeting. 1. Should the identified differences in types of ski storage/ski clubs result in a differentiation in allowable use locations? 2. The Council has instructed staff to implement the revision to the policy of ski storage/private ski clubs which may permit these uses to operate in locations other than the basement or garden levels of a structure. What type of use does the Commission recommend is most appropriate? (Conditional, Use by Right, Accessory) 3. Does the Planning and Environmental Commission wish to add to the opportunities and challenges presented in Section V? 4. Staff requests the Commission discuss each opportunity and concern and any code provisions that are to be most effective in response. VII. NEXT STEPS It is staff's intent to explore the ideas and alternatives presented by the Planning and Environmental Commission and return on February 24, 2014 with draft regulations that attempt to address both the opportunities available through the change in policy and the unintended consequences resulting from the expansion of allowable use locations. VIII. ATTACHMENTS A. Letter to Council from Mauriello Planning Group, 02-03-2014 Town of Vail Page 9 u Mauriello Planning Group February 3, 2014 Vail Town Council %Jonathan Spence Planner Town of Vail 75 South Frontage Road Vail, Colorado 81631 Re: Ski Club Uses on Second Floor Dear Town Council: Mauriello Planning Group has been working closely the with owner of the second floor of the Vista Bahn Building, Remonov and Company, Inc., which is located within the Commercial Core 1 zone district. This letter is intended to provide some justification for allowing ski club uses with ski lockers and equipment storage on the second floor of this building and potentially throughout the CC1 zone district subject to a conditional use permit (CUP) approval. We agree with many of the conclusions of the Town staff, primarily that the use has changed and the Town Code does not address the different types of ski locker facilities very well. Guest Demands and Location As you are undoubtedly aware, locals and guests within Vail and throughout the region demand the convenience of having quality ski locker facilities in very close proximity to the base of Vail Mountain. Many skiers and riders today want to limit how far they have to walk in ski boots, and to a lesser degree snowboard boots, and with skis, poles, helmets. Those with kids also understand the difficulty of transporting the family with all of the equipment great distances through Vail Village. Additionally, as the skier population starts to age, the demand for convenience and limited stress become paramount and the demand for such locker facilities will only increase. Clearly, in Vail it is quite evident that the demand for the use exists and therefore the Town should make reasonable accommodation to the market demands. Community Benefit of the Use The benefits to visitors and guests are obvious. Locker facilities located near the Gondola reduce stress, enhance the entire ski experience, and improve the shopping and dining experience. The business and retail community benefit from the secondary affects of having skiers, boarders, and guests walking around the core retail and dining areas in comfortable clothing and without having to worry about the security of their expensive equipment. Skis, boards, gloves, boots, helmets, and poles are all secured and ready for the next visit. When guests are able to walk through or around the Village without these encumbrances, they are far more likely to spend money in the local shops versus the alternative. Many are also more likely to remain parked in the local parking structures thus generating additional parking fees to the Town. One additional benefit is that those storing their equipment in Vail helps to ensure they Mauriello Planning Group MPGVail.com •• Box 4777 .. ._• CO • will return to Vail to ski versus skiing in Beaver Creek which for many is a more proximate option (46.7% of our locker users are located in outside of Vail but in Eagle County). To some degree, ski lockers help to create Vail loyalty. Remonov conducted a survey of its ski club locker users located in the basement of the Vista Bahn Building (survey attached) and found that in fact the users do spend more time and money in Vail Village due to the ski locker amenity. While the survey is not intended to be an overly scientific study, it does demonstrate that those using lockers are more likely to be spending more money in local shops and restaurants then those that are either walking directly back to lodging facilities or to their cars. Of the respondents, 71% (there were 100 respondents to survey in total) indicated that without the locker they would be more likely to bypass shopping and dining opportunities. Revenue Impacts The staff memo provided sales tax generation analysis of ski locker facilities and restaurants. They found that locker/club facilities were a relatively low generator of direct sale tax collections with an average facility at $2.29 per sq. ft. whereas a restaurant facility generates more on the order of $17.00 per sq. ft. in direct sale tax collections. However, the analysis is missing what other uses that are uses permitted by right in basement and second floor locations and the related secondary impacts (i.e., the spending of those guests using locker facilities). Professional offices were not analyzed as part of the staff study. Offices have a limited average sales tax collection (probably close to $0 per sq. ft.). Personal services (beauty shops, nail salons, etc.) also have limited sale tax collections. However, these uses have other benefits as a service and amenity including the generation secondary revenue impacts. Ski locker facilities have similar secondary sale tax generation impacts. In 2013, the Vista Bahn Building ski locker facility had an estimated 33,000 visits (average of two people per visit or 66,000 total people) and based on the survey results at least half of these people/couples are spending $51 or more ($51 average based upon the survey results) or $1,683,000 in total spending (this number is intended as an order of magnitude). Compare that to a professional office with 4 principals and 6 support staff and maybe 4 daily visits by clients. For the sake of argument that's 14 people per day coming to the office and working 300 days per year; that's 4,200 people coming to Vail Village per year (compared to 66,000 visiting the ski lockers). What are these folks spending per day on average in Town? Again let's estimate they spend $25 per day each, that's $105,000 per year. Clearly that number is high but it gives one an idea of the relative revenue impacts compared to a ski locker facility even as exaggerated as it may be. Displacement of Other Uses Its been stated that one of the concerns with allowing this guest amenity on the second floor within the CC1 district is the displacement of other desirable uses on the second floor in Vail Village. We spent some time examining the existing uses located on second floors throughout the core area. Most uses on the second floor are residential condominiums. There are also some hotel rooms located on the second floor. There are a couple of examples of retail spaces on the second floor, all of which are connected to a retail use located on the first floor (Pepi's Sports and Gorsuch are examples of this). There is one example of a restaurant use on a second floor, Los Amigos. A few real estate offices exist on the second floor including Ron 2 Byrne's office and some small office spaces in the Wall Street Building, as examples. The Ritz Club space in the Rucksack Building is in the process of being converted to a residential condo, a use by right on the second floor in the CC1 District. As these examples point out, there is a low likelihood that the office and retail spaces would be consumed by ski club or locker uses. Even with the extreme demand for residential uses in the 2000s, none of these retail and office spaces were converted to a residential. The idea that this use is so attractive that it would displace all other uses is not supported by history. All of the restaurants, night clubs, and bars that exist today throughout Vail Village at the basement level (Vendettas, Shakedown Bar, Loaded Joe's, Samana Lounge, and Whiskey Jacks) remain as active commercial uses and yet these are locations where a ski club or locker facility could be located today as a use by right for the last 30 years. This displacement fear is not supported by the experience in Vail Village. Proposed Code Language We agree that protecting the first floor uses is important and are not suggesting any changes to the current protections. We believe that it is reasonable to allow ski lockers and club-like facilities as a Conditional Use Permit (or as a permitted use) on the second floor and above. This requires review and approval by the PEC with the usual call-up provision afforded to the Town Council. The PEC must apply all of the review criteria and findings typical of a conditional use permit request. These review criteria include: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. The PEC also must make the following findings to approve any conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. We believe this review process and the criteria gives the Town an opportunity to review such a use critically. However, if the Town desired "use specific criteria" to provide additional protection 3 to the Town, Section 12-16-7: Use Specific Criteria and Standards could also be amended to add criteria specific for this use. For instance, the location of the use and its proximity to the gondola might be a relevant criteria and might prevent such uses in more remote areas of the CC1 zone district. Conclusion It is apparent that ski lockers and clubs provide an important amenity to locals and guests of Vail Village and that there are financial benefits to the business community and the Town's coffers by allowing for the use. Allowing these ski clubs and locker facilities on the second floor are not likely to negatively affect the vibrancy of the retail core of the village and in fact will likely add to the vitality of the Town. We encourage you to make this code amendment and allow our client to move forward with reasonable economic use of his property before another season passes by. Come April, my client will have been delayed a year by this process. We appreciate your consideration. Sincerely, Dominic F. Mauriello, AICP Principal 4 Ski Locker Room Survey Results 2013- 2014 Ski Season Vista Bahn Building— 333 Bridge St. Vail, CO. Survey conducted January 6 — February 2, 2014 100 Surveys Completed (200 total lockers/176 leased) 1. lama Returning Guest 95% New Guest 2.5% Hotel Guest 2.5% 2. My residence is in Town of Vail 33.3% Eagle County 46.7% Out of Eagle County 20% 3. How many people in your party use this locker? 1 17% 2 56% 3 20% 4+ 7% 4. How many days per year do you expect to use the locker (i.e., days you or someone in your family come to ski/ride)? 1-7 2% 8-14 6% 15-24 15% 25 — 34 13% 35 - 44 4% more than 44 days 60% 5. If you did not have a convenient ski locker, would you be more likely to by-pass shopping and dining opportunities in Vail (i.e., walk straight to your car, home, condo, hotel room without shopping/dining)? Yes 71% No 11% or 18% maybe but definitely less than without my ski gear 6. On average how often do you frequent Vail restaurants, bars and stores before, during, or after skiing during the ski season? Never 0% 1-2 shops/restaurants each time 6% 3-4 56% 5+ 38% 7. On average, how much do you spend in the restaurants, bars and stores before or after skiing each time that you use your locker? $0-$20 13% $21-$50 31% $51-$100 29% More than $100 27% Thanks for taking the time to answer our survey. The Remonov Team Ad Name: 9894075A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will Your account number is- 1 OP2P 33 hold a public hearing in accordance with section 12-3-6,Vail Town Code,on February 10,2014 at Vail Daily 1:00 pm in the Town of Vail Municipal Building. A request for a final review of a variance,from Section 12-14-17,Setback From Water Course, PROOF OF PUBLICATION Vail Town Code,pursuant to Chapter 12-17,Vl ances,Vail Town Code,to allow for additional gross residential floor area within the stream tract setback,located at 4444A Streamside Circle/Lot 11,Bighorn Subdivision 4th Addition,and setting STATE OF COLORADO } forth details in regard thereto.(PEC140001) Applicant:Mark Medley,represented by Steven 1 ss James Riden Architect I Planner:Joe Batcheller COUNTY OF EAGLE } A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7,Amendment,Vail Town Code,to allow for a rezoning from the High Densi- I, Don Rogers, do solemnly swear that I am a qualified ty Multiple-Family District to the Vail Village Town- house District,located at 303(Vail Rowhouses representative ofthe Vail Daily.That the same Daily newspaper 7-13)and 483 Gore Creek Drive(Texas Townho- mes)/Lots 7-13,A Resubdivision of Block 5 and a printed, in whole or in part and published in the County part of Gore Creek Drive,Vail Village Filing 1,and Lots 1 -9 Vail Village Filing 4,and setting forth of Eagle, State of Colorado, and has a general circulation details in regard thereto.(PEC140002) g g Applicant:Town of Vail therein; that said newspaper has been published continuously Planner:Jonathan Spence A request for a recommendation to the Vail Town and uninterruptedly in said County of Eagle for a period of Council for prescribed regulation amendments, pursuant to Section 12-3-7,Amendment,Vail Town more than fifty-two consecutive weeks next prior to the first Code,to amend Titles 12&14,Zoning Regula- tions and Development Standards,pertaining to the publication of the annexed legal notice or advertisement and definitions,use restrictions and development stan- dards for Commercial Ski Storage and Private Ski that said newspaper has published the requested legal notice Clubs,and setting forth details in regard thereto. p q g (PEC140003) Applicant:Town of Vail and advertisement as requested. Planner:Jonathan Spence The applications and information about the propos- als are available for public inspection during office The Vail Daily is an accepted legal advertising medium, hours at the Town of Vail Community Develop- ment Department,75 South Frontage Road. The only or jurisdictions operating under Colorado's Home public is invited to attend site visits. Please call 3 p g 970-479-2138 for additional information. Rule provision. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356,Telephone for the Hearing Im- That the annexed legal notice or advertisement was paired,for information. Published January 24,2014 in the Vail Daily. published in the regular and entire issue of every (9894075) 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 1/24/2014 and that the last publication of said notice was dated 1/24/2014 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 02/19/2014. 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 02/19/2014. Pamela J. Schultz,Notary Public My Commission expires: November 1,2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9��COt-ARP$ My Commismn Expires 111012015 Ad Name: 9933096A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM February COUNCIL COUNCIL CHAMBERS /PUBLIC WELCOME Your account number is- 1OP2P 33 75S.Frontage Road-Vail,Colorado,81657 Vail Daily MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1.Medley Residence-4444A Streamside Circle PROOF OF PUBLICATION 15 minutes 1.A request for a final review of a variance,from Section 12-14-17,Setback From Water Course, Vail Town Code,pursuant to Chapter 12-17,Vari- STATE OF COLORADO } ances,Vail Town Code,to allow for additional gross residential floor area within the stream tract iss setback,located at 4444A Streamside Circle/Lot II 11,Bighorn Subdivision 4th Addition,and setting COUNTY OF EAGLE AptplidcantlsMark Medley,represen edOby)Steven James Riden Architect Planner:Joe Batcheller ACTION: 1, Don Rogers, do solemnly swear that I am a qualified MOTION: SECOND:VOTE: representative ofthe Vail Daily.That the same Daily newspaper CONDITION(S): 30 minutes 2.A request for a recommendation to the Vail Town printed in whole or in part and published in the County Council for a zone district boundary amendment, pursuant to Section 12-3-7,Amendment,Vail Town of Eagle, State of Colorado and has a general circulation code,to allow fora rezoning from the High D - g , , nr n g ty Multiple-Family District to the Vail Village Town- house District,located at 303(Vail Rowhouses therein; that said newspaper has been published continuously 7-13)and 483 Gore Creek Drive(Texas Townho- mes)/Lots 7-13,A Resubdivision of Block 5 and a and uninterruptedly in said County of Eagle for a period of part of Gore Creek Drive,Vail Village Filing 1,and Lots 1 -9 Vail Village Filing 4,and setting forth more than fifty-two consecutive weeks next prior to the first details in regard thereto.(PEC140002) Applicant:Town of Vail publication of the annexed legal notice or advertisement and Planner:Jonathan Spence g ACTION: that said newspaper has published the requested legal notice CONDITION(S)OND:VOTE: 90 minutes and advertisement as requested. 3.A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7,Amendment,Vail Town Code,to amend Titles 12&14,Zoning Regula- The Vail Daily is an accepted legal advertising medium, tions and Development Standards,pertaining to the definitions,use restrictions and development stan- onl for jurisdictions operating under Colorado's Home dards for Commercial Ski Storage and Private Ski Y ] p g Clubs,and setting forth details in regard thereto. Ruleprovision. (PEC140 1� Applicant::Town of Vail Planner:Jonathan Spence ACTION: That the annexed legal notice or advertisement was CONDITION(S)OND:VOTE: published in the regular and entire issue of every 4.A request for a recommendation to the Vail Town Council on a major amendment to a Special Devel- number of said daily for the period of I opment District No.6,Vail Village Inn,pursuant to Y h Section 12-9A-10,Amendment Procedures,Vail consecutive insertions; and that the first publication of said Town Code, allow for an increase in gross existing area P dential floor area to facilitate additions to existting dwelling units,located at 100 East Meadow Units notice was in the issue of said newspaper dated 2/7/2014 and 501 and 502(Vail Village Inn Phase 3)/Lot 0, Block 5D,Vail Village Filing 1,and setting forth that the last publication of said notice was dated 2/7/2014 in details in regard thereto.(PEC130046) Applicant: Deltec Bank and Trust,represented by the issue of said newspaper. Eggers Architect Planner:Jonathan Spence ACTION:Table February 24,2014 MOTION:SECOND:VOTE: In witness whereof, I have here unto set my hand this day, 5.Approval of January 27,2014 minutes 02/18/2014. MOTION:SECOND:VOTE: 6.Information Update 7.Adjournment MOTION:SECOND:VOTE: The applications and information about the propos- als are available for public inspection during regu- lar office hours at the Town of Vail Community De- General velopment Department,75 South Frontage Road. The public is invited to attend the project orienta- Vail Daily tion and the site visits that precede the public hearing in the Town of Vail Community Develop- Subscribed and sworn to before me,a notary public in and for ment Department. Times and order of items are approximate,subject to change,and cannot be re- the County of Eagle, State of Colorado this day 02/18/2014. lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call(970)479-2138 for additional in- formation.Sign language interpretation is available upon request with 24-hour notification. Please call (97e 479-2356,Telephone for the Hearing Im- paired,for information. ' Community Development Department Published February 7,2014 in the Vail Daily. Pamela J. Schultz,Notary Public (9933096) My Commission expires: November 1,2015 ,�p,RY PUe/ ' PAMELA J. SCHULTZ 9��COt-ARP$ My Commismn Expires 111012015