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HomeMy WebLinkAbout2014-1208 PECTOWN OF 9VAt PLANNING AND ENVIRONMENTAL COMMISSION December 8, 2014 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Henry Pratt Michael Kurz Pam Hopkins Luke Cartin Webb Martin John Rediker Dick Cleveland Site Visits: none MEMBERS ABSENT 20 minutes A request for the final review of conditional use permits, pursuant to Sections 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings, located at 520 East Lionshead Circle Unit C-7 and 616 West Lionshead Circle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. (PEC140041) Applicant: Tommy Neyen Planner: George Ruther ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cleveland VOTE: 7-0-0 CONDITION(S): 1. The applicant shall not be allowed to display any illuminated (neon, argon, gas-filled. LED lit, etc.) advertising signs in such a manner that the signs are visible to the public from the exterior of the store. 2. The hours of operation of the retail liquor store located at 520 East Lionshead Circle shall be 8:00 am until 12:00 am daily, without exception. 3. The applicant shall ensure that all loading and delivery operations which brings goods and materials to and from the two store locations is conducted from an approved on- site loading and delivery bay or other Town of Vail approved loading and delivery facility. 4. No direct liquor store sales of any kind are allowed or permitted by this permit from the 616 West Lionshead Circle storage location. 5. No outdoor display of goods or temporary freestanding advertising of any kind shall be permitted (e.g. cardboard cut outs of Spudz MacKenzie, half-dressed Bud Light girls, clothing racks, merchandise display). George Ruther gave a presentation per the staff memorandum. He discussed several conditions which staff felt were necessary to allow the conditional use to be acceptable in Lionshead. Page 1 Cartin asked for verification that any violation of the CUP approvals would revoke the approval for both locations. Ruther confirmed that a failure to operate according to the conditions would be a violation of both CUPs approval and result in a revocation. Cleveland inquired as to the hours of operation Ruther spoke to his conversations with the applicant regarding hours of operation. Tom Neyens, applicant, made himself available for questions. Rediker inquired as to how materials will be delivered. Neyens spoke to the 616 West Lionshead as being the delivery point and disbursement to the Lionshead Center space. He spoke to how restocking may occur via hand truck across the pedestrian mall. Martin inquired as to the use of refrigerators and loading and delivery. Neyens confirmed their would be refrigerators in use and that loading delivery would occur in the approved loading and delivery bays at both locations. Rediker inquired as whether or businesses load and delivery in the same manner as being discussed. Ruther discussed his knowledge of the various methods to get materials to their stores. It is common in both villages to have deliveries done via hand trucks. Rediker spoke to his concern with the transfer of goods during times when there is heavy traffic in the pedestrian core. Neyens spoke to how during busy time periods a vehicle would move materials from Concert Hall to Lionshead Center through the loading and delivery facility for Lionshead Center. Rediker expressed concern with the transfer of goods via hand truck across the pedestrian mall. Ruther spoke to the restrictions and limitations on loading and delivery as having been focused on vehicles, not hand truck delivery. Rediker asked if the town was comfortable with having hand truck deliveries through the pedestrian area Ruther stated that he believed that what was being proposed was in compliance. There was no public comment. Martin spoke to the sign having been installed in advance of the request, however, he would not let that influence his decision. Rediker spoke to his concern about hand trucks using the pedestrian mall. Kurz, Cartin, and Hopkins spoke to their belief that the criteria had been met. Page 2 Pratt expressed his shared concern about loading and delivery via hand trucks and encouraged the applicant use the loading and delivery bay for Lionshead Center. 25 minutes 2. A request for final review of a request to extend the compliance deadline with the Town of Vail's recycling requirements, pursuant to Section 5-12-8E, Exemption, Vail Town Code, located at 371 Gore Creek Drive/Part of Tract C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140039) Applicant: Michael Staughton Planner: Kristen Bertuglia ACTION: Approved with condition(s) and modified findings. MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 CONDITION(S): 1. The applicant(s) shall be in full compliance with Section 5-12-8E, Recycling Requirements, Vail Town Code, by no later than December 8, 2015. Amended finding: Based upon a review of Section V of the December 8, 2014 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds that the granting of this exemption is appropriate based upon criteria set forth in 5-12-8 E, Exemption, Vail Town Code. Kristen Bertuglia gave a presentation per the staff memorandum. Cartin inquired as to his understanding that an extension request only needed to meet one of the criteria and if there was the ability for an applicant to request multiple extensions. Bertuglia responded that only one of the criteria needed to be met. She explained that the regulations did not expressly prohibit multiple requests for an extension but that intent of the regulation was not to continue to provide 24 month extensions. Cleveland spoke to his belief that a 24 month extension was the maximum time frame and that no subsequent request could be made Rediker asked to clarify the number of extensions that could be requested. Bertuglia spoke to what the Code states, which is that there is no prohibition on subsequent requests for extensions. The goal is to achieve compliance with the regulations and additional extensions would be difficult for staff to support. Cleveland inquired as to whether or not the $750 rebate could be used to perform a study? Bertuglia responded that the portion of the rebate that applies to start-up costs ($250 per business) could be used to support consulting/studies. Martin inquired as to whether or not additional locations have been studied. Michael Stoughton spoke to the numerous businesses and condominiums that use the trash compactor. Users of the trash compactor include the adjacent buildings and the A&D Building (south of Gore Creek Drive). He felt that there were no other locations that would be better than the current location. He spoke to the lease that the building has with Waste Management, who owns the compactor that expires in late 2015. He spoke to his lack of knowledge on how to request changes to the enclosure and if the Town would approve of those changes. Page 3 Pratt stated that he heard the applicant say that a solution would not be found in the next 12 months. Furthermore, he was hearing that the applicant wanted a permanent exemption and not a temporary extension. George Lamb, employee of Slifer Smith and Frampton, a business using the compactor, stated his role with the trash enclosure was very hands on. He spoke to the poachers who placed all sorts of bizarre items into the compactor. He spoke to the conversations had thus far with consultants. They (the applicants) are not ignoring the problem, they just need more time to figure this out. The area is not heated so snow goes right up to the facility making it Kurz inquired as to the ownership, use, management of the facility. Lamb spoke to the existence of a trash association. Ron Riley, business owner, spoke to the original construction of the building and excessive use of the area. Cartin inquired as to the average tip weight of the compactor. Lamb stated that at high points, the compactor can have up to 6 tons of trash weekly. 3 tons twice a week. Cartin spoke to statements in the memorandum stating that several businesses already recycle. He inquired as to solutions to increase recycling. Cartin spoke to his belief that the application only met the requirement of the cost criterion for the extension. He suggested a waste characterization study to understand how much is glass, etc. is being disposed. He felt that there are numerous facilities that are unmonitored and therefore that criterion is not met. There was no public comment. Hopkins suggested getting some help with reviewing and solving the problem as it needs to be addressed. Cartin stated that he understands the frustration and he is in support of a one year time frame to spur solutions. Cleveland agreed with Cartin and pointed out that this location was the poster child for a difficult situation. He felt it met all four criteria. He believes the Town will need to be a partner. He could support 12 months to come up with a solution. If there was no progress he would not support further extension of the compliance timeframe. If there is a viable solution being discussed he would support 24 months. Kurz felt the application met the criteria and 12 months was appropriate per the staff recommendation. Rediker stated he understood that this was a difficult situation. He felt it met only one of the criterion and that being a physical constraint. He stated no evidence has been submitted to support the criterion related to cost. There was not bid for work, etc. He felt the problem could be solved in 12 months. If it cannot be solved in 12 months it would be the people working on it that are the problem. Page 4 Martin suggested exploring an individual solution for each building and compare it to the group solution and see which one works best. Pratt expressed that it was a difficult situation with multiple users. He suggested a managed solution may be the answer. As the lease is in place for another a year he felt a solution should be developed in 12 months with up to 24 months to implemented. Rediker spoke to the fact that there was no lease agreement presented and it was the applicant's word and understanding is all that has been stated. The Commission discussed the application and after several amendments to the motions on the floor it was agreed that the buildings would need to come into compliance within 12 months and that there will be no interim time requirement to submit a plan. Additionally the findings were amended as contained above. Cleveland inquired as to how enforcement would occur, i.e. would each business be held responsible for compliance or the trash association, property manager, etc. in a shared compactor situation, it would be difficult to find the responsible party. George Ruther stated that staff would speak to the prosecutor and get back to the PEC with a response. 20 minutes 3. A request for the review of conditional use permits, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for two outdoor patios, located at 304 Bridge Street, Units C6 and C7/1-ots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140036) Applicants: Big Bear Bistro and The Blue Cow Cafe Planner: Jonathan Spence Big Bear Bistro ACTION: Approved with conditions MOTION: Kurz SECOND: Hopkins VOTE: 7-0-0 CONDITION(S): 1. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2015. 2. The applicant for Unit C/7 shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this establishment that encroaches into the Hanson Ranch Road right-of-way. 3. The outdoor patio shall operate consistent with the approved site plan dated 11/25/2014. Blu Cow Cafe ACTION: Approved with conditions MOTION: Kurz SECOND: Cleveland VOTE: 7-0-0 CONDITION(S): 1. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2015. Page 5 2. The applicant for Unit C/6 shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this establishment that encroaches into the Hanson Ranch Road right-of-way. 3. The outdoor patio shall operate consistent with the approved site plan dated 11/25/2014. Jonathan Spence gave a presentation per the staff memorandum. Cleveland spoke to a typo with the date on the referenced site plan. Cartin asked staff to look into the proximity of the designated smoking area to the east and if there were any problems with the proximity. There was no public comment. Rediker referenced the proposed site plan and asked for clarification that there were no emergency service concerns with the proposed patios. Spence responded that there was no concerns and there was space available should the businesses across the street ever make the same request. Rediker expressed his belief that it was in compliance with the criteria. The Commissioners expressed support for the proposal as it was in compliance with the criteria. 20 minutes 4. A request for a final review of a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, with the proposed removal of an employee housing unit deed restriction, located at 1125 Hornsilver Circle/Lot 9, Block 1, Vail Village Filing 8, and setting forth details in regard thereto. (PEC140037) Applicant: Laura Cook, represented by Zehren & Associates Planner: Jonathan Spence ACTION: Denied MOTION: Cleveland SECOND: Cartin VOTE: 7-0-0 Jonathan Spence gave a presentation per the staff memorandum Rediker inquired as to whether or not the EHU is occupied. Hopkins inquired as to what would become of the EHU garage. Spence described that a portion of the garage would be turned into interior GRFA and the remainder of the garage would become outdoor space (covered patio). Michael Rodenak, representing the applicant, spoke the changes that would be made. He described the reality of cutting the roof overhang off the roof covering the garage has being structurally difficult to achieve. He continued by making a request of improve the site coverage by making changes to the garage and allowing the roof to cover over the garage to remain. Page 6 Cartin inquired as to how the applicant would respond to the comment that this was a self- imposed hardship. Rodenak explained that it was a spec home built by a developer and therefor the hardship was created by the developer, not the current owner. Rediker inquired as to how long the owner has owned the property. Rodenak explained that he believed the home has been owned by the current owner since construction. Rediker asked for clarification on the modifications that would be made to the home and for more detail on the structural issues related to the garage roof. There was no public comment. Hopkins expressed her concern that another EHU was being exchanged, however the criteria need to be met. Cartin felt this was a self imposed hardship. He specifically support staff's interpretation on Section C of the exchange program requirements. Cleveland spoke to his agreement with his Commissioners and then he spoke to his understanding and involvement wit the EHU exchange regulations. Kurz agreed Rediker agreed with the other Commissioners that there were requirements that need to be met. This project has not met the criteria. Martin felt there were options to come into compliance. Pratt expressed that this was an optional process and a grant of the variance would be fundamentally a purchase of zoning and a grant of special privilege. 5. A request for a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of 3 garages within the side setback area, located at 5040 Main Gore Place (Sundial Townhomes) unplatted (Sundial Phase 2 Townhouse Map), and setting forth details in regard thereto. (PEC140040) Applicant: Sundial Condominium Association, represented by Pierce Architects Planner: Jonathan Spence ACTION: Withdrawn 6. Approval of November 24, 2014 minutes MOTION: Cleveland SECOND: Cartin VOTE:4-0-3( Rediker, Kurz, Pratt) 7. Information Update Hopkins asked a question regarding the WMC master plan. Page 7 George Ruther explained that what was proposed at the last hearing was the review of the west wing concurrently with the review of the Master Plan. Cartin stated his belief of the application was a Ruther described and the desire to separate out the west wing. Ruther stated January 12th it was anticipated that the applicant would request a final recommendation to the Vail Town Council. At the direction of the Commission the applicant has been exploring a land exchange. On December 18th a design charrette would be occurring to further explore the land exchanges and its viability for both projects which was a positive step forward in the discussions. He reconfirmed the west wing review process which would become concurrent verses subsequent. Rediker inquired as to the plastic bag discussion on November 24th and his desire to provide additional comment since he was absent. Ruther recommends he provide his comments in writing and they would be provided to Kristen Bertuglia and the Town Council. 8. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 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 December 5, 2014 in the Vail Daily. Page 8 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 8, 2014 SUBJECT: A request for the final review of conditional use permits, pursuant to Sections 12- 7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings, located at 520 East Lionshead Circle Unit C-7 and 616 West Lionshead Circle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. (PEC140041) Applicant: Tommy Neyens Planner: George Ruther SUMMARY The applicant, Tom Neyens, is requesting conditional use permits to operate liquor stores at 520 East Lionshead Circle Unit C-7 and 616 West Lionshead Circle Unit 300. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Tom Neyens, is requesting the issuance of two conditional use permits to operate liquor stores at 520 East Lionshead Circle, Unit C-7 (Lionshead Center Building) and 616 West Lionshead Circle, Unit 300 (Concert Hall Plaza Building). As proposed, the business model for the liquor store operation include the storage of liquor, beer, and wine for delivery to residents and guests within the community from the Concert Hall Plaza Building location and direct sales to walk-in customers at the Lionshead Center Building location. A delivery service is being offered to the patrons of the liquor store. All of the liquor storage will occur in the basement level at the Concert Hall Plaza Building location while all of the walk-in business will be conducted from the street or pedestrian level at the Lionshead Center Building location. The proposal does not include any changes to the exterior of the building, except a change of signage, which would be part of a separate design review application. A vicinity map (Attachment A) has been attached for review. III. BACKGROUND Liquor stores have been a conditional use permit in the Commercial Core 2 (CC2) District since the inception of the Town of Vail Zoning Regulations in 1973. Ordinance No. 3, Series of 1999, adopted the Lionshead Mixed Use 1 (LMU-1) Zone District. The LMU-1 district rezoned both the Lionshead Center and Concert Hall Plaza parcels from CC2 to LMU-1. Liquor stores are a conditional use in the Commercial Core 1, Commercial Core 2, Arterial Business District, and Lionshead Mixed Use 1 and 2. Many liquor stores have been approved in the past subject to the issuance of a conditional use permit. Several examples of those include: A 1991 and 1993 (expansion) approval at 1031 South Frontage Road West in the Cascade Crossing building with no conditions. A 2011 approval, with conditions, was granted at 196 Gore Creek Drive (Lodge at Vail Promenade) that prohibited outdoor display and illuminated signs (neon, gas filled, LED) from being visible from the exterior of the store. A 2014 approval, with conditions, at 286 Gore Creek Drive (A&D Building) prohibiting illuminated signs from being visible from the exterior of the store. In August of 2014, the Vail Local Liquor Licensing Authority recommended approval of the applicant's request to obtain a storage and retail liquor store license. On October 21, 2014, the State of Colorado issued a storage and retail liquor store license to applicant with no conditions. In doing so, the State agency found that the application complied with the applicable provisions of State Law. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninq Regulations, Vail Town Code (in part) Article 12-7H. Lionshead Mixed Use 1 (LMU-1)District 12-7H-1; Purpose.- The urpose. The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple -family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure V VI. adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. SURROUNDING LAND USES AND ZONING The two parcels included in this application are zoned Lionshead Mixed Use 1 and are surrounded on all sides by properties sharing the same zoning. Zone District Lionshead Mixed Use 1 Lionshead Mixed Use 1 Lionshead Mixed Use 1 Lionshead Mixed Use 1 CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Liquor stores are listed as a conditional use in many areas within the Town of Vail. As such a store owner interested in operating a liquor store must first obtain a conditional use permit from the Town of Vail Planning & Environmental Commission. According to the Zoning Regulations of the Town of Vail, "In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. " Land Use North Mixed Use South Mixed Use East Mixed Use West Mixed Use Zone District Lionshead Mixed Use 1 Lionshead Mixed Use 1 Lionshead Mixed Use 1 Lionshead Mixed Use 1 CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Liquor stores are listed as a conditional use in many areas within the Town of Vail. As such a store owner interested in operating a liquor store must first obtain a conditional use permit from the Town of Vail Planning & Environmental Commission. According to the Zoning Regulations of the Town of Vail, "In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. " Staff believes the proposed use will have a positive impact on the development objectives of the Town. However, as suggested by the Town's Zoning Regulations, staff believes that certain conditions should be placed upon the use to assure that it is compatible and harmonious with surrounding properties and the Town at large. Staff recommends that the following conditions be placed upon the approval of the requested condition use permit: 1) The applicant shall not be allowed to display any illuminated (neon, argon, gas-filled. LED lit, etc.) advertising signs in such a manner that the signs are visible to the public from the exterior of the store. 2) The hours of operation of the retail liquor store located at 520 East Lionshead Circle shall be 8:00 am until 12:00 am daily, without exception. 3) The applicant shall ensure that all loading and delivery operations which brings goods and materials to and from the two store locations is conducted from an approved on-site loading and delivery bay or other Town of Vail approved loading and delivery facility. 4) No direct liquor store sales of any kind are allowed or permitted by this permit from the 616 West Lionshead Circle storage location. 5) No outdoor display of goods or temporary freestanding advertising of any kind shall be permitted (e.g. cardboard cut outs of Spudz MacKenzie, half-dressed Bud Light girls, clothing racks, merchandise display). Any failure to comply with said conditions shall be cause to revoke the conditional use permit, subject to a finding of non-compliance by the Town of Vail Planning & Environmental Commission. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposed use will have little or no negative impacts on the above described criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The proposed retail store is to be located within a pedestrian only area of Lionshead. As such, drive up customer vehicular access is prohibited. Similarly, the storage area location is proposed to be for storage purposes only. Provided the applicant adheres to the loading and delivery requirements of the Town of Vail, staff believes the proposed use will have no negative effect upon traffic congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, or removal of snow from 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. The applicant is not requesting any changes to the exterior of the two store locations. As such there will be no increases or decreases to the scale and bulk of the existing buildings. For that reason, staff believes the there will be no negative impacts of the use on the character of the area in relation to the surrounding uses. Of equal significance, as a result of the imposition of the recommended conditions, staff believes the proposed use is not only compatible and harmonious with surrounding uses, but that it in fact further improves upon the existing conditions. VII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning an Environmental Commission approves, with conditions, this conditional use permit to allow for liquor stores, located at 520 East Lionshead Circle Unit C-7 and 616 West Lionshead Circle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves this request for a conditional use permits, pursuant to Sections 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses,- First ses,First Floor or Street Level, Vail Town Code, to allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings, located at 520 East Lionshead Circle Unit C-7 and 616 West Lionshead Circle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission imposes the following conditions: 1) The applicant shall not be allowed to display any illuminated (neon, argon, gas-filled. LED lit, etc.) advertising signs in such a manner that the signs are visible to the public from the exterior of the store. 2) The hours of operation of the retail liquor store located at 520 East Lionshead Circle shall be 8.00 am until 12.00 am daily, without exception. 3) The applicant shall ensure that all loading and delivery operations which brings goods and materials to and from the two store locations is conducted from an approved on-site loading and delivery bay or other Town of Vail approved loading and delivery facility. 4) No direct liquor store sales of any kind are allowed or permitted by this permit from the 616 West Lionshead Circle storage location. 5) No outdoor display of goods or temporary freestanding advertising of any kind shall be permitted (e.g. cardboard cut outs of Spudz MacKenzie, half-dressed Bud Light girls, clothing racks, merchandise display). Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed Use 1 District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." VIII. ATTACHMENTS A. Vicinity Map I *fto Lo APW4 10 N w •� m •► a1 M h _ h AP,' nouir ..a c wt Cv ....-.. ow :r LO cc Bc c 7 o Nt r% 771, Loom. Aor lk E 0. )rowN oFvaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 8, 2014 SUBJECT: A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Chapter 12-8-E, Exemption, Vail Town Code, to allow for a 24 -month exemption at 371 Gore Creek Drive, Tract A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140839) Applicant(s): A&D, Slifer and Gallery Buildings, represented by Michael Staughton Planner: Kristen Bertuglia SUMMARY The applicants, A&D, Slifer and Gallery Buildings in Vail Village, represented by Michael Staughton, are requesting a recycling exemption for the maximum period of 24 months, which may be granted through Section 5-12-8E, Exemption, Vail Town Code. Based upon staff's review of the criteria, outlined in Section V of this memorandum, and the evidence and testimony presented, the Community Development Department recommends approval with conditions of this application subject to the findings noted in Section VI of this memorandum. A vicinity map (Attachment A), photographs (Attachment B) the applicants' request (Attachment C) are attached for review. II. DESCRIPTION OF REQUEST The applicants, A&D, Slifer and Gallery Buildings, represented by Michael Staughton, are requesting a full 24 -month recycling exemption for the A&D, Slifer, and Gallery Buildings in the 200 block of Bridge Street permissible through Section 5-12-8E, Exemption, Vail Town Code. The subject properties are a combination of condominiums and business and in the Commercial Core (CC1) Zone District. Section 5-12-8 E. Exemption: Unless otherwise exempted all customers shall comply with the provisions of this Chapter. Upon application to the Town of Vail and demonstration of an inability to comply with this Chapter, the Planning and Environmental Commission may grant an exemption for a period of time not to exceed 24 months with which to comply with the provisions of this Chapter. Prior to granting an exemption to the provisions of this Chapter, the Planning and Environmental Commission shall find that the request is warranted for at least one of the following reasons. 1. Costs considerations including but not limited to. unreasonable hauling costs, or unreasonable renovation and or unreasonable retrofitting expense. 2. Physical limitations including but not limited to. size, shape or dimensions of a site or structure, or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity. 3. Operational considerations including but not limited to. hours of operation, staffing, proximity to recycling facilities, implementation schedule. 4. Conflicts with adopted regulations including but not limited to. land use regulations, building/fire code regulations. The applicants have submitted a project narrative (Attachment C) that asserts that an exemption applies because the existing trash compactor is situated inside a structure built in 1986 and reconstruction to accommodate multiple uses is not feasible. The applicants provided the following: 1. "Cost of the project in 1985/86 was $47,914.10 for architectural fees, construction and engineering, a survey, insurance, etc." 2. "Change in use pattern now and in the future (e.g. if the Ore House restaurant is gone, future use is not known at this time). " 3. "Some businesses involved in this trash removal area already recycle." 4. "Operational considerations — the trash compactor is utilized 20+/- hours per day and there is no staffing to regulate what goes into the compactor." III. BACKGROUND The subject property is Tract A, a Town owned public stream tract property, which, through a granted easement, is serving to accommodate a trash structure and parking spaces since the early 1980's. The trash structure was originally built and the compactor installed in order to reduce noise from daily trash collection and to accommodate all of the trash from the businesses located within the three buildings. The current trash structure is not large enough to add recycling infrastructure without expansion or removing the trash compactor and returning to dumpster use. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Environmental Sustainability Strategic Plan and the Vail Town Code are relevant to the review of this proposal: Town of Vail Page 2 Vail Environmental Sustainability Strategic Plan (in part) V. Policy Statement — The Town of Vail shall serve as a nationally recognized leader in sustainability through a commitment to community partnerships and balanced stewardship of human, financial, and environmental resources in policy and daily operations. Goal #1— Waste Reduction Reduce the amount of Town of Vail landfill contributions by 10% within 5 years, and 25% within 10 years (2019). Title 5, Chapter 12, Vail Town Code, Recycling Requirements (in part) 5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and infrastructure to support recycling by all residential, multi -family and commercial customers and haulers in the Town of Vail in order to reduce the town's impact on the environment by decreasing waste deposited in the landfill, energy consumed and carbon emissions, and ensure ongoing waste diversion education in the community. 5-12-2: APPLICABILITY. All residential, multi -family and commercial customers that contract for solid waste and or recycling services shall comply with the provisions of this Chapter. 5-12-7: RECYCLING REQUIREMENTS A. Placement of Recyclable Materials and Solid Waste for Pick Up: 1. All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. 2. Recyclable materials shall not be placed in solid waste containers. 3. No refuse, solid waste, or compost shall be placed in any recycling container. 4. Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. V. REVIEW CRITERIA The review criteria for an exemption request are prescribed in 5-12-8E, Exemption, Vail Town Code. Town of Vail Page 3 1. Costs considerations including but not limited to: unreasonable hauling costs, or unreasonable renovation and or unreasonable retrofitting expense. The costs to retrofit the existing structure to accommodate recycling were not included with the exemption application, however the applicants hold that the structure would need to be rebuilt, and had cost around $48,000 thirty years ago, and would therefore be cost prohibitive today. The Town recognizes that cost associated with a remodel is a valid concern. A remodel may not be necessary but other solutions have not yet been developed. The up -to 24 - month exemption period allows time to plan and save for necessary retrofits, or to determine how and when the site will be redeveloped, and may therefore better accommodate recycling. Upon passing the ordinance in March, 2014, in order to assist the community with cost barriers to recycling, the Town allocated $200,000 ($750 per business) in the form of a rebate. Therefore, staff finds that the application meets this criterion. 2. Physical limitations including but not limited to: size, shape or dimensions of a site or structure, or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity. Staff finds that the subject property is a challenging area to accommodate trash in Vail Village due to the large number of businesses that utilize the compactor, its proximity to Gore Creek and adjacent parking spaces. Because a permanent exemption from recycling is not allowed by Town Code, creative approaches to recycling will need to be explored in order to comply following the exemption period. Staff recommends that after six months a plan for compliance be presented to the Community Development Department for review. Said plan shall demonstrate the ability to comply within one year. Therefore, staff finds that the application meets this criterion. 3. Operational considerations including but not limited to: hours of operation, staffing, proximity to recycling facilities, implementation schedule. While the applicants cited operational challenges that arise with the high volume of businesses that utilize the trash area, staff finds that properly separating recycling at this location will require education, signage, and assistance, which may be obtained through the Town of Vail and Walking Mountains Science Center at little or no cost. Therefore, staff finds that the application does not meet this criterion. 4. Conflicts with adopted regulations including but not limited to: land use regulations, building/fire code regulations. Town of Vail Page 4 The applicants have not identified any challenges related to conflict with current regulations, however staff recognizes that changes (increase in size) to the existing trash infrastructure on the subject property may pose several challenges, as it is located adjacent to Gore Creek on stream tract property which would prohibit building expansion without permission from the Vail Town Council and/or a variance granted by the Planning and Environmental Commission. Therefore, staff finds that the application meets this criterion. VI. STAFF RECOMMENDATION The Community Development Department recommends approval with conditions, of an exemption from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 12-8-E, Exemption, Vail Town Code, to allow for a 12 -month period of non-compliance with recycling regulations, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Because the ordinance was passed in March 2014, and effective July, 2014, there has effectively been 9 months of preparation time allocated, however due to the challenges presented by the applicants, staff recommends an additional 12 -month period be granted. Should the Planning and Environmental Commission choose to approve this exemption request, the Community Development Department recommends the Commission find the granting of this exemption is appropriate based upon criteria set forth in 5-12-8 E, Vail Town Code for cost considerations, physical limitations, operational considerations and potential conflicts with adopted regulations, and pass the following motion: "The Planning and Environmental Commission approves with conditions the applicants' request of an exemption from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Chapter 12-8-E, Exemption, Vail Town Code, to allow for a 12 -month exemption to come into full compliance by the end of the exemption period at 371 Gore Creek Drive, Tract A, Vail Village Filing 1, and setting forth details in regard thereto." Should the PEC approve this motion, staff recommends the following condition.- Prior ondition. Prior to June 8, 2015, the applicant(s) shall submit for review and approval a plan clearly demonstrating the measures to be undertaken to come into full compliance with Section 5-12-8E, Recycling Requirements, Vail Town Code. If the plan is deemed by staff to be insufficient in demonstrating this ability, the application will be scheduled for the next available meeting of the Planning and Environmental Commission for a reconsideration of the approved exemption. Should the Planning and Environmental Commission choose to approve this exemption request, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 5 'Based upon a review of Section V of the December 8, 2014 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds that the granting of this exemption is appropriate based upon criteria set forth in 5-12-8 E, Exemption, Vail Town Code for the following reasons.- 1. easons. 1. Costs considerations including but not limited to. unreasonable hauling costs, or unreasonable renovation and or unreasonable retrofitting expense. 2. Physical limitations including but not limited to. size, shape or dimensions of a site or structure, or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity. 3. Conflicts with adopted regulations including but not limited to. land use regulations, building/fire code regulations. VII. ATTACHMENTS A. Vicinity Map B. Photographs C. Applicants' Request Town of Vail Page 6 ■ W4, t: Attachment B PEC140039 Dj� O ,f ment of Community Development 75 South Frontage Road TOWN OF VAIL)& NOV 0 7 2014Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com TOWN OF VAIL Development Review Coordinator Exemption Request—Recycling Application for Review by the Planning and Environmental Commission General Information: An exemption not to exceed 24 months may be granted according to Section 5-12-8 E., Vail Town Code, in order to allow the applicant time to adjust to or eliminate practical difficulties and physical limitations as would result from the strict interpretation and/or enforcement of the recycling regulations, Title 5, Chapter 12, Vail Town Code. A practical difficulty or physical limitation 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. Excessive cost considerations or operational limitations may also be considered. The Vail Town Code can be found on the Town's website at www.vailgov.com. if, Y.,6 ov" 14r <sTt.. 13 Fee: . $-459:90 Description of the Request: #5 - f vt - �'t� �0 u i l�> s �1� D R Idg , Gz,"_f C, P i4t 9 Lp `-KA-r usIdes i ��t'�,; b4�n�rv� C-o�2b c�, Sl' n �r+lIF+� tof ° . �. � h b sS a� � w � ter- �R; I o�m��-� . Physical Address: 3 7 &def, C aLF k CZ) Parcel Number: ZI O 1 O Z 22(o 0 O 2 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner. -TOW IJ o r= V A I, ►, Mailing Address: S. Phone: �r Owner's Signature: I" � i�V' AcSSitS'td.tL"� r&Ak Primary Contact/ Owner Representative: ) Mailing Address: _ ,���P.l ���- . VC. I Gv W d`(e'S % Phone: `) (0 o For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: uth # Check #_ Fee Paid: Received Fr L-1 Meeting Date: 1"'I S I PEC No.: Planner: C A Project No: Zoning: Land Use: Location of the Proposal: Lot: Block- C,_ Subdivision: Vi kt�. ' 1; 4 July 2014 Reasons for recycling exemption request are; 1. Existing compactor is situated in a building built in 1986 and removing existing building and constructing another building to accommodate multiple use is not feasible due to --- 2. Cost of project (in 1985/86 cost was $47,914.10 for architect fees, build bldg., engineering, survey, insurance etc.). 3. Change in use pattern now and in the future — example — Ore House restaurant gone — what is replacing is unknown. 4. Some businesses involved in this trash removal area already recycle. 5. Operational considerations — compactor is utilized 20+/- hours a day — there is no staffing to regulate what goes into compactor. Submitting this request on behalf of all four buildings that use this compactor is: Michael D. Staughton 228 Bridge Street Vail, CO. 81657 970-476-0080 970-476-0081 fax mstaughton@sloleent.com rowN oFvaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 8, 2014 SUBJECT: A request for the review of conditional use permits, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for two outdoor patios, located at 304 Bridge Street, Units C6 and C7/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140036) Applicants: Big Bear Bistro and The Blue Cow Cafe Planner: Jonathan Spence I. SUMMARY/REQUEST The owners of the Blu Cow Cafe and the Big Bear Bistro, located at 304 Bridge Street, have requested the review of conditional use permits, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for two outdoor patios. The Vail Town Code refers to outdoor dining/seating as "Outdoor Patio" in reference to permitted and conditional uses in the Commercial Core (CC1) Zone District. Each restaurant establishment is proposing an outdoor patio for outdoor dining directly in front of their respective entrances. Because of the proximity of the property line in relation to the building, a large portion of each patio will be located within the Town of Vail right -of -way. Each restaurant shall have no more than eight outdoor seats and neither establishment is proposing any amplified music or additional lighting. The furniture for each individual restaurant will be of the same style. The location of the proposed outdoor patios has been reviewed and approved by the Department of Public Works and the Fire Department. Because of the ample right-of- way in this location, it is not anticipated that the patios will adversely effect provisions for emergency services or snow removal. The applicants are proposing a barrier system (fence) similar to that found at the Mountain Standard with set -in-place sleeves that prevent the barriers from repositioning, resulting in further encroachment into town property. No changes to the existing paver surface are proposed Please see the site plan included as Attachment C for the location of the proposed outdoor patios. II. BACKGROUND The Red Lion Building was constructed in 1968 and provides for retail, restaurant and residential uses. According to the Official Zoning Map of the Town of Vail, the Red Lion Inn parcel is located within the Commercial Core 1 (CC1) District. As such, the development and operation of outdoor patios is regulated by the provisions of the CC -1 District. Pursuant to the provisions of the CC1 District, the development and operation of outdoor patios requires the approval and issuance of a Conditional Use Permit. The applicants appeared before the Vail Town Council on September 2, 2014 to request permission to proceed with an application that includes Town of Vail property. The Town Council approved the request unanimously, 6-0, at that time. III. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Title 12 Zoning Regulations Section 12-78 Commercial Core 1 (CCI) District (in part) 12-78-1: PURPOSE. The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7. EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC). Town of Vail Page 2 12-7B-20. VAIL VILLAGE URBAN DESIGN PLAN.- A. LAN. A. Adoption. The Vail village urban design guide plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CCI) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows. 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Town of Vail Page 3 4. Village Core/ Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan (in part) The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives. The applicable stated goals, objectives and action steps of the Vail Village Master Plan are as follows.- GOAL ollows: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of Town of Vail Page 4 IV. activities for our guests, visitors and residents. Policy 2.2.1. The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.4. Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.2. Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Policy 3.1.1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.3. Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Policy 3.3.2. Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use V. SURROUNDING LAND USES AND ZONING Town of Vail Zoning District Commercial Core 1 District Commercial Core 1 District Outdoor Recreation Commercial Core 1 District Page 5 LandUse Designation North: Village Master Plan South: Village Master Plan East: Village Master Plan West: Village Master Plan Town of Vail Zoning District Commercial Core 1 District Commercial Core 1 District Outdoor Recreation Commercial Core 1 District Page 5 VI. REVIEW CRITERIA Before acting on a Conditional Use Permit or Development Plan application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on the development objectives of the Town. Staff Analysis: The proposed outdoor patios provide livelihood through outdoor dining, an identified development objective of the Town intended to increase activity in the commercial cores. The proposed outdoor patios will provide an enhancement to the public space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section III of this report. Staff finds this criterion to be met. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff Analysis: The proposed outdoor dining areas will have no negative effects on light and air, distribution of population, transportation facilities, utilities and schools. Staff finds this criterion to be met. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff Analysis: The at -grade outdoor dining area will have an effect on the Hanson Ranch Road right-of-way which is forty feet in width at this location. The proposed design provides ample space within the existing platted right-of-way for emergency vehicles, pedestrians, bicyclists and other users. Further, the use of sleeves in the pavers for the outdoor dining fencing will allow for a consistent buffer. These sleeves will ensure that the proposed location of the outdoor dining will have no effect on the usability of the adjacent public space. Staff finds this criterion to be met. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff Analysis: Staff finds the proposed outdoor patios will have a positive effect upon the character of the area, furthering the outdoor dining culture that has been Town of Vail Page 6 established within Vail Village. The outdoor patios will add livelihood, activity and interest in the area. The scale and bulk of the proposed patios are minimal and will not negatively impact the surrounding area, Staff finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Analysis: An environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, conditional use permits, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for two outdoor patios, located at 304 Bridge Street, Units C6 and C7/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following two motions: Motion #1 pertaining to the Big Bear Bistro (Unit C/7) "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 304 Bridge Street, Unit C7/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- This onditions. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2015. 2. The applicant for Unit C/7 shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this Town of Vail Page 7 establishment that encroaches into the Hanson Ranch Road right-of-way. 3. The outdoor patio shall operate consistent with the approved site plan dated 11/25/2015. Motion #2 oertainina to the Blu Cow Caf6 (Unit C/6 "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 304 Bridge Street, Unit C6/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- This onditions. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2015. 2. The applicant for Unit C/6 shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this establishment that encroaches into the Hanson Ranch Road right-of-way. 3. The outdoor patio shall operate consistent with the approved site plan dated 11/252015. Should the Planning and Environmental Commission choose to approve these Conditional Use Permits requests, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 27, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The Conditional Use Permits are in accordance with the purposes of the Zoning Regulations and the CC -1 District; 2. The proposed Conditional Use Permits and the conditions under which they will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 4. The proposed Conditional Use Permits comply with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." Town of Vail Page 8 VIII. ATTACHMENTS A. Vicinity Map B. Site Photos C. Site Plan, 11-25-2014 Town of Vail Page 9 a a ratlr�"'" gtld9 "Nye% EXHIBIT DRAWING TRACT G VAIL VILLAGE FIFTH FILING 'o. 00 F 0 10' 20' 30' / RED LION INN CONDOMINIUMS ROCK WALL (T(P) 0=76'34'55" R=12.00' L=16.04' T=9.47' C LEN=14.87' BRG=S89'43'28"W 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 1.50' BUILDING OUTLINE /�i" PAVER PAN ro ° Oil 6 No LINE BEARING DISTANCE L1 S28°16'34"E 8.21' L2 S53°35'14"W 19.06' L3 N28°16'34"W 7.57' L4 S28° 16'34"E 7.10' L5 S53°35'14"W 14.81' L6 N28°16'34"W 6.54' JOB NO. 372 0. )rowN oFvaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 8, 2014 SUBJECT: A request for a final review of a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, with the proposed removal of an employee housing unit deed restriction, located at 1125 Hornsilver Circle/Lot 9, Block 1, Vail Village Filing 8, and setting forth details in regard thereto. (PEC140037) Applicant: Laura Cook, represented by Zehren & Associates Planner: Jonathan Spence SUMMARY The applicant, Laura Cook, represented by Zehren & Associates, is requesting a site coverage variance to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, with the proposed removal of an employee housing unit deed restriction, located at 1125 Hornsilver Circle. Based upon Staff's review of the criteria, outlined in Section VII of this memorandum, and the evidence and testimony presented, the Community Development Department recommends denial, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), photographs (Attachment B) the applicants' request (Attachment C), and proposed architectural plans (Attachment D) are attached for review. II. DESCRIPTION OF REQUEST The applicant, Laura Cook, represented by Zehren & Associates, is requesting a site coverage variance to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, at 1125 Hornsilver Circle. The subject property is a single family home built in 2002 and is located in the Two -Family Primary/Secondary Residential (PS) Zone District. The applicant is requesting that the additional site coverage granted as a result of a Type I Employee Housing Unit (EHU) be permitted to remain with the removal of the EHU through the Employee Housing Unit Deed Restriction Exchange Program (Exchange Program). A requirement for participation in the exchange program is as follows (emphasis added): 12-13-5. Employee Housing Unit Deed Restriction Exchange Program D. General Requirements. The town council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction onto another dwelling unit, and/or the payment of a fee in lieu. 1. Exchange EHU Requirements. a. The exchange EHU shall not be part of any employee housing project developed or deed restricted (in part or in whole) by the town of Vail. b. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. The proposed removal of the EHU and the associated reductions in allowable site coverage and permitted GRFA and the increase in required landscaping would result in a property that does not comply with the prescribed development standards, specifically, site coverage. The applicant has submitted a project narrative that asserts that a hardship exists because of a belief that the intent of the exchange program was not to require building modifications that are inconsistent with the original architecture design. Please see Section VII for a complete analysis of the applicable approval criteria. III. BACKGROUND The original home was constructed within the Town of Vail in 2002 under the Two - Family Primary/Secondary Residential (P/S) Zone District regulations. The developer of the home chose to take advantage of the incentives offered for the inclusion of a Type I EHU. These incentives included the allowance of additional density (EHU), an increase in allowable site coverage from 20 to 25%, an increase in allowable GRFA of 500 SF and a decrease in the landscaping requirement from 60 to 55%. Please see the development standards charts in Section V for further analysis. Prior to considering a variance to address the nonconformance, the applicant submitted Town of Vail Page 2 a Design Review Board (DRB) application on June 23, 2014 to demonstrate that the property could be modified to bring the site coverage into compliance with the zoning requirement. This was done to allow the applicant to continue through the Exchange Program process that includes a public hearing before the Vail Local Housing Authority (VLHA) and the passage of a resolution by the Town Council. The work proposed under the DRB application included the conversion of a portion of the garage formerly used in conjunction with the EHU to living space and the reduction in the existing roof eave over the two car garage from 6' to 4'. This work would remove the necessity for a variance and allow for the approval of the EHU Exchange. A site plan (Sheet A0.2B) showing the site coverage in compliance, is included in Attachment D. On October 28, 2014, the VLHA voted unanimously to conditionally approve the EHU exchange conditioned on the applicant either complying with the work proposed in the DRB application or the resolution of the excess site coverage in an alternate manner (variance). The Exchange Program was established by the Vail Town Council in 2008 and revised in 2011. The stated purpose of the program is: "...to provide occupied livable, affordable employee housing units within the town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the town council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made to the town of Vail." 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 11 — Land Use Goals and Policies 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 Town of Vail Page 3 development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows.- 1. ollows. 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter Vl, Section 4, Proposed Land Use Categories 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 Town of Vail Page 4 open space related facilities. Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-6C: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PIS) DISTRICT 12-6D-1: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-9. SITE COVERAGE. Site coverage shall not exceed twenty percent (20%) of the total site area. CHAPTER 12-17. VARIANCES 12-17-1. Purpose. A. Reasons for Seeking Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V. SITE ANALYSIS Address: 1125 Hornsilver Circle Legal Description: Lot 9, Block 1, Vail Village Filing 8 Zoning: Two-family Primary/Secondary Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Single-family Residential, with EHU Hazards: Excessive Slopes (rear of property) The chart below demonstrates the required dimensional standards at the time the home was originally approved and constructed in 2001: Town of Vail Page 5 Development Standards at Time of Approval (2001) Development P/S With a Type I EHU Approved (with EHU) Standard (without EHU) Minimum Lot Size 15,000 SF 15,000 SF 10,633 SF (Platted) Maximum 1 DU as Lot 1 DU +EHU 1 DU +EHU Dwelling is <14,000 units/acre SF GRFA 25% of Lot 25% of Lot Area (These Area + Calculations + 425 SF assume that 425 SF + GRFA credits for 15K 500 SF EHU Credit parking or 3,083 SF subterranean 4,839 SF 5,389 SF 4,248 SF space have been 3,583 3,398 taken) 20% 25% 21.58% (T1.58%) Site coverage 20% 25% 21.58% maximum 2,126 SF 2,658 SF 2,293.54 Minimum 60% 55% 66.44% Landscaping 6,378 SF 5,847 SF 7,062.31 The dimensional standards including GRFA and EHU credit were significantly modified in 2004. The following chart represents current standards and the requested variance to the maximum site coverage allowance. Current Dimensional Standards (2014) Development P/S With a Type I EHU Proposed Standard (without EHU) Minimum Lot Size 15,000 SF 15,000 SF 10,633 SF (Platted) Maximum 1 DU as Lot is 1 DU +EHU 1 DU Dwelling <14,000 SF units/acre GRFA .46 X first .46 X first 10,000 (These 10,000 + Calculations do + .38 X 10K -15K not take into .38 X 10K- + account GRFA 15K 550 SF EHU Credit credits for parking or subterranean 4,839 SF 5,389 SF 4,248 SF space.) Site coverage 20% 25% 21.58% (T1.58%) maximum 2,126 SF 2,658 SF 2,294 SF (T168 SF) Minimum 60% 55% 66.44% Landscaping 6,378 SF 5,847 SF 7,062.31 Town of Vail Page 6 VI. SURROUNDING LAND USES AND ZONING Existing Use North: Golf Course South: Single-family Residential East: Two-family Residential West: Single-family Residential VII. REVIEW CRITERIA Zoning District Outdoor Recreation District Primary/Secondary Residential District Primary/Secondary Residential District Primary/Secondary Residential District The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The subject property, Lot 9, is located within a residential neighborhood and is bordered on the south and west by other single-family homes, on the north by the Vail Golf Course and to the east by a two-family home. The proposed allowance of site coverage in excess of that permitted in the underlying zone district would allow the removal of the EHU deed restriction and the conversion of the EHU to general living space without further modifications to the structure. The continued allowance of the site coverage with the removal of the EHU will have little or no effect of the existing or potential uses and structures in the vicinity. Therefore, Staff believes this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The applicant is requesting a variance from the required site coverage standard to allow site coverage permitted through the inclusion of a Type I EHU to remain in its absence. The code requires that properties be in compliance with the relevant zone district standards in order to participate in the Exchange Program. The zoning compliance requirement is applicable to all properties that wish to participate in the Exchange Program. A variance from this requirement is not necessary to achieve compatibility and uniformity of treatment among sites in similar circumstances. A granting of relief from this dimensional requirement would be a grant of special privilege as other properties in similar situations are required to comply. Staff is understanding of the applicant's desire not to alter the home unnecessarily simply to achieve compliance with the zoning requirements. The applicant has demonstrated, through the DRB application, that the home can be modified, through Town of Vail Page 7 alterations to the existing one car garage and two -car garage roof overhang, to be in compliance with the dimensional standards of the zone district. Although these alterations may be undesirable, staff finds no criteria that would allow a continuation of site coverage in excess of that allowable, in the absence of the EHU. Staff finds that the hardship is largely self-created and a variance is not warranted. Therefore, Staff believes the proposed relief from the site coverage regulations is not necessary to achieve compatibility and uniformity of treatment among sites in the vicinity nor to attain the objectives of this title, without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance that will allow the continuation of site coverage in excess of that permitted in the abscence of an EHU will not alter population; will not increase the required number of parking spaces; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff believes the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends denial, of a variance from Sections 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, at 1125 Hornsilver Circle/Lot 9, Block 1, Vail Village Filing 8, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the applicants'request of a variance from Sections 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, at 1125 Hornsilver Circle/Lot 9, Block 1, Vail Village Filing 8, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this variance Town of Vail Page 8 request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the December 8, 2014 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-family Primary/Secondary 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 not warranted for the following reasons.- a. easons. a. The strict literal interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Primary/Secondary Residential District. C. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the Primary/Secondary Residential District IX. ATTACHMENTS A. Vicinity Map B. Photographs C. Applicants' Request, 10-13-2014 D. Architectural Plans, 10-13-14 Town of Vail Page 9 AIL Vol; t* wir - alt ew -,7 ria sr 0A, 3 m � R, - Z E H R E N ❑ ASSOCIATES, INC. October 13, 2014 Jonathan Spence c/o Planning and Environmental Commission Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 CC: Laura Cook via electronic mail: lauracookvail@me.com Heather Mclnerny via electronic mail: hmcinernyPslifer.net Re: 1125 Hornsilver Circle, Vail, Colorado Employee Housing Unit Conversion Architect's Project Number 20142309.00 Jonathan: We are submitting the attached plans and below letter on behalf of the property owner(s) at 1125 Hornsilver Circle as part of their application to eliminate the existing employee housing unit (EHU) on their property as part of the Employee Housing Unit Deed Restriction Exchange Program (Section 12-13-5 of the Town of Vail Code). 12-13-5 in sub -section D -1-c states that: "The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions." It is our understanding that the Town of Vail interprets this passage to require any home to meet the underlying zoning as if there was no EHU, and does not allow for the property to continue taking advantage of increases in site coverage and GRFA afforded by the inclusion of an EHU. We have reviewed the site coverage and GRFA components for 1125 Hornsilver Circle, Vail, Colorado as it relates to the possible elimination of the restrictive covenant governing the existing employee housing unit located on the property. We have found that the home remains below the maximum GRFA allowed, but that the site coverage exceeds the allowable. As such, we are submitting this letter and the attached plans in application for a variance to the site coverage requirement as outlined below. Our review is based upon original Drawings prepared by K.H. Webb Architects, dated January 16, 2002 and provided to our firm by the property owner; a general observation of the structure; and Title 12 of the Vail, Colorado Town Code. ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N ..r,D ASSOCIATES, INC. Our review and calculations are not based upon actual field measurements and do not represent a review of any other potential building or zoning code issues that may exist. Existing Conditions According to the adopted zoning map and property records search, the site area is approximately 10,629 square feet and is zoned Two -Family Primary -Secondary Residential (P -S). Two -Family Primary Secondary Residential (P -S) Regulation: GRFA Two -Family Primary -Secondary Residential (P -S) is regulated by Article D of the Vail Town Code. • In accordance with Section 12-6D-8. A. of the code, only one dwelling unit is permitted on the site, as the property is less than 14,000 square feet. • Density on the property is further regulated under Section 12-6D-8. B. of the code by Gross Residential Floor Area, (GRFA), which allows: • Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus • Thirty eight (38) square feet of gross residential floor area, (GRFA), for each one hundred (100) square feet of site area over ten thousand (10,000) square feet Two-Familv Primary Secondary Residential (P -S) GRFA Calculation The permitted GRFA for the (10,629 sq. ft.) site is calculated as follows: • 0.46 sq. ft. of GRFA x (first) 10,000 sq. ft. of site area = 4,600 sq. ft. of GRFA • 0.38 sq. ft. of GRFA x 629 sq. ft. of site area = 239 sq. ft. of GRFA • 4,600 sq. ft. + 239 sq. ft. = 4,839 sq. ft. of Total GRFA Total GRFA Calculation (Reference Plan Diagrams) Level Gross Floor Area Garage Vaulted Space Deduction Deduction Basement Deduction Total GRFA Lower 2,195 761 Main 1,956 1,956 Upper 1,662 13, 1,531 Total 5,813 131 834 4,248 Allowable GRFA 4,839 Additional GRFA Allowed Under Current Zoning 591 Basement Deduction Calculation (Facade Keyed to Elevation Diagrams) Percent of Wall Below Grade: 38% Two -Family Primary Secondary Residential (P -S) Regulation: Site Coverage Two -Family Primary -Secondary Residential (P -S) is regulated by Article D of the Vail Town Code. ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N .•',U ASSOCIATES. INC. • In accordance with Section 12-6D-9 Site Coverage: Site coverage shall not exceed 20% of the total site area. • Note: In accordance with Section 12-13-4, a Type I EHU allows for a 5% increase in site coverage. Section 12-2-2 defines Site Coverage as: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte-cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. 1125 Hornsilver Circle Site Coverage Calculation The site coverage is calculated as follows: • 2,194.79 SF Building Footprint area at, below or above grade • 98.75 SF of additional area for roof projections that extend more than four feet (4') • 2,293.54 SF of Total Site Coverage Area • 21.58% Total Site Coverage Area • Site Coverage exceeds allowable without an EHU by 167.74 SF Summary of Findings The conversion of the Employee Housing Unit to additional Gross Residential Floor Area within the single family home would not bring the existing structure out of compliance with the density or GRFA provisions of the underlying Primary -Secondary (P -S) zoning. The existing property is limited to one single family home because the site area is below the minimum lot size of 15,000 square feet. As such, it is our opinion that a physical connection to the primary unit, (such as a door); and removal of permanent cooking devices, (the existing range/oven), should be completed in order to comply with the underlying zoning. The conversion of the Employee Housing Unit to additional Gross Residential Floor Area within the single family home would, however, bring the Site Coverage out of compliance by an estimated 167.74 SF as the 5% site coverage addition under 12-13-4 would no longer apply to the property as a single family home. The home would be at 21.58% site coverage, while only 20% site coverage is allowable. ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N .•',U ASSOCIATES. INC. We investigated options for reducing the site coverage to 20%, and found that it may be possible to remove the garage door adjacent to the existing EHU garage and construct a new wall approximately 10'-0" east of the existing door and consider the newly created open area as an exterior deck. Landscaping or other site improvements would need to occur in a way that restricts the space from being utilized as a carport. The remaining area of the garage would then be captured as additional GRFA. This would reduce the amount of site coverage, but it would still remain over the underlying zoning. The new site coverage would be 2,165.55 SF or 20.38% (over by 40.75 SF). Any further reduction in site coverage could only be achieved by removal of existing roof overhangs that are in excess of 4', which would alter the physical appearance of the home in a way that would be further inconsistent with the original architectural design approved and constructed. Variance Request As such, we are requesting a variance to the site coverage section of the applicable zoning to allow for a 21.6% site coverage to be allowed on this lot. Below is a bulleted list addressing the items noted in the "Submittal Requirements" section of the "Variance Request Application for Review by the Planning and Environmental Commission": • Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. Response: The proposed use is to convert the existing EHU space to become part of the main residence. The resulting single family home would be architectural the same as the existing residence plus EHU that stands today, and as such compatible with the other properties in the vicinity. • The relationship and impact of the use on development objectives of the Town. Response: The stated purpose of the P -S district notes that the district is intended to ensure "the desirable residential qualities of such sites by establishing appropriate site development standards". We feel that allowing the home to stand as it exists and was previously approved best meets this objective and that that Employee Housing Unit Deed Restriction Exchange Program did not intend to require demolition of attached portions of existing residences. • The effect of the use on light and air, distribution of the population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs Response: The allowance of the physical appearance of the structure to remain as is would have no negative effects on any of the above. • The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Response: The removal of the EHU component would reduce traffic as there would be one less dwelling unit on the site than currently, this reduction could be seen a positive impact on traffic on this small cul-de-sac street. • The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding areas. ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N AND ASSOCIATES, INC. Response: As the variance is requesting for the existing structure to remain as is, there is no impact to the character of the area, nor to the scale and bulk of the structure. Removal of the existing roof overhangs, and conversion of the garage to an outdoor covered deck area through strict interpretation of the zoning requirements would be more likely to produce a negative impact to the character. Furthermore, the application notes under the "Variance Procedures" portion of the "Planning and Environmental Commission Process" several evaluation criteria that we have addressed below: • The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Response: The requested variance would allow the existing structure to remain as constructed, and as a result we feel would not change the relationship with neighboring structures. It is our opinion that a strict interpretation would be more likely to impact neighbors by requiring demolition of existing portions of the home. • The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response: We feel that allowing the home to stand as it exists and was previously approved provides the best compatibility with the adjacent sites as it retains the appearance, bulk and mass of the existing structure as is. We also feel this best meets the objectives of this title and that that Employee Housing Unit Deed Restriction Exchange Program did not intend to require demolition of attached portions of existing residences. • The effect of the requested variance on light and air, distribution of the populace, transportation and traffic facilities, public facilities and utilities, and public safety. Response: The allowance of the physical appearance of the structure to remain as is would have no negative effects on light and air. The elimination of the employee housing unit would have a net reduction in traffic and population on the immediate area by reducing the number of dwellings on the lot by one. • Such other factors and criteria as the commission deems applicable to the proposed variance. Response: Through the architect's analysis, we found that the best way to achieve a strict interpretation of the ordinance would be through demolition of portions of the existing structure, and conversion of part of the garage to habitable interior space with the remaining becoming an outdoor covered terrace. This would actually result in a home with more livable area than approving the variance, which would retain the garage area as garage. Additional demolition to cut back roof overhangs would then be further required to come all the way down to 20% site coverage. As the best candidate roof overhangs to achieve this are over paved driveway, we do not see any change in the permeable coverage, and thus no real benefit to the site. ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N .•',U ASSOCIATES. INC. • That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the some zone district. Response: As the existing structure would be remaining as is, we feel that no special privilege is being granted. • That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Response: As the existing structure would be remaining as is, we feel that there are no detrimental effects to the above. • That the variance is warranted for one or more of the following reasons: o The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. Response: It is our belief that it is not the intent of the title to require demolition of attached portions of existing structures, as a strict interpretation and enforcement would require such demolition, we believe that to be an unnecessary physical hardship to the structure. o There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the some zone district. Response: This condition does not appear to apply. o 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 some zone district. Response: This condition does not appear to apply. r nnrhicinn The allowance of a variance to 21.6% site coverage allows the appearance and quality of the home to remain "as is", will retain the existing character of the area, result in zero impact to scale and bulk, and have no negative impacts to items such as light and air, traffic, access, public health, utilities, snow removal and other items of concern. Whereas the strict interpretation of the site coverage would require the demolition of existing portions of the home resulting in a diminished architectural character to the home that we do not feel was the intent of the Employee Housing Unit Deed Restriction Exchange Program. Please review the attached documents and we look forward to meeting with the commissioners on November 10, 2014 to review this application further. In the meantime if you have any questions, do not hesitate to contact us. Sincerely, Michael Rodenak ARCHITECTURE • PLANNING • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • tlosa@zehren.com Z E H R E N ..r,D ASSOCIATES, INC. Associate Zehren and Associates, Inc. ARCHITECTURE • PLANNING • INTERIORS P.O. 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J V IgWdO11 S71T 319V)l1A "IIVA �JNi ii_€lw L�.0t311 n�. C71 ADN301STd ld�]A { - .. 11 I @I OH - o No o \ a a �r --- I TT � y 4 x 1 I -----7 Ad Name: 10773142A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/5/2014 and that the last publication of said notice was dated 12/5/2014 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/05/2014. 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 12/05/2014. � 2m.&& 9. -'— Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 PLANNING AND ENVIRONMENTAL COMMISSION December 8, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colo- rado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: none 20 minutes 1.A request for the final review of conditional use permits, pursuant to Sections 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings, located at 520 East Lions - head Circle Unit C-7 and 616 West Lionshead Cir- cle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. (PEC140041) Applicant: Tommy Neyen Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITION(S): 25 minutes 2.A request for final review of a request to extend the compliance deadline with the Town of Vail's re- cycling requirements, pursuant to Section 5-12-8E, Exemption, Vail Town Code, located at 371 Gore Creek Drive/Part of Tract C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140039) Applicant: Michael Staughton Planner: Kristen Bertuglia ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 3.A request for the review of conditional use per- mits, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for two outdoor patios, located at 304 Bridge Street, Units C6 and C7/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in re- gard thereto. (PEC 140036) Applicants: Big Bear Bistro and The Blue Cow Caf6 Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 20 minutes 4.A request for a final review of a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the continuation of additional site coverage granted through Sec. 12-13-4, Requirements by Employee Housing Unit Type, with the proposed removal of an employee housing unit deed restriction, located at 1125 Hornsilver Circle/Lot 9, Block 1, Vail Village Filing 8, and setting forth details in regard thereto. (PEC140037) Applicant: Laura Cook, represented by Zehren & Associates Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 5.A request for a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of 3 garages within the side setback area, located at 5040 Main Gore Place (Sundial Townhomes) unplatted (Sundial Phase 2 Townhouse Map), and setting forth details in regard thereto. (PEC140040) Applicant: Sundial Condominium Association, represented by Pierce Architects Planner: Jonathan Spence ACTION: Withdrawn 6.Approval of November 24, 2014 minutes MOTION: SECOND: VOTE: 7.Information Update 8.Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 5, 2014 in the Vail Daily. (10773142) Ad Name: 10736643A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/21/2014 and that the last publication of said notice was dated 11/21/2014 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/28/2014. 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 11/28/2014. � 2m.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on December 8, 2014 at 1:00 pm in the Town of Vail Municipal Building. A request for final review of a request to extend the compliance deadline with the Town of Vail's recy- cling requirements, pursuant to Section 5-12-8E, Exemption, Vail Town Code, located at 371 Gore Creek Drive/Part of Tract C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140039) Applicant: Michael Staughton Planner: Kristen Bertuglia A request for a final review of a variance from Sec- tion 12-6E-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of 3 garages within the side setback area, located at 5040 Main Gore Place (Sundial Townhomes) unplatted (Sundial Phase 2 Townhouse Map), and setting forth de- tails in regard thereto. (PEC140040) Applicant: Sundial Condominium Association, rep- resented by Pierce Architects Planner: Jonathan Spence A request for the final review of conditional use permits, pursuant to Sections 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings, located at 520 East Lions - head Circle Unit C-7 and 616 West Lionshead Cir- cle Unit 300/Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, and setting forth details in regard thereto. (PEC140041) Applicant: Tommy Neyen Planner: George Ruther The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published November 21, 2014 in the Vail Daily. (10736643)