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Home My WebLink About2015-0608 PECTOWN OF Vari PLANNING AND ENVIRONMENTAL COMMISSION June 8, 2015 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT John Rediker Henry Pratt Brian Gillette Webb Martin John Ryan Lockman Kirk Hansen Dick Cleveland Site Visit: 1. Galvin Residence — 303 Gore Creek Drive 2. Cascade — 1310 Westhaven Drive 3. Roost Lodge — 1783 North Frontage Road 30 minutes A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years , located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. (PEC150014) Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence ACTION: Table to July 27, 2015 MOTION: Cleveland SECOND: Gillette VOTE: 5 -0 -0 Planner Spence delivered a presentation per Staff's memo. Commissioner Rediker questioned whether or not the process is being circumvented as the nature of the request and the language of the notice do not seem to align. Commissioners Cleveland and Gillette concurred. The applicant was then invited to present the amendment request. Dominic Mauriello then presented salient changes within the scope of the amendment request. He spoke to the change in uses and how the bulk and mass would essentially remain the same. The SDD amendment would bring the property into compliance with Town's employee housing requirement. GRFA would decrease since EHU's do not count towards density. Commissioner Gillette asked for clarification on what was being approved and how SDD regulations work. Spence explained the nature of this particular SDD — there is no underlying zoning, so the SDD's ordinance serves as the Code. Commissioner Rediker then encouraged the applicant to continue his presentation. There was further discussion that this application was a new application and not an extension. Mauriello then continued with his presentation, explaining that what was being presented was the same application that was presented in 2007 with the exception of a DU which now would become an EHU. Page 1 Commissioner Hansen asked if Mauriello's client has the ability to develop this project. Mauriello explained that the ownership group is somewhat in flux and that an additional investor would be needed. Commissioner Cleveland: "So if you change the unit count, you would need to return to the PEC ?" Mauriello said they would. Commissioner Gillette asked to see plans showing the bulk and mass. Mauriello went through the plans page -by -page. Commissioner Lockman asked about the change in GRFA. Mauriello explained that it was the result from changing a DU to an EHU. Commissioner Gillette expressed concerns in understanding the scope of what was being approved. Commissioner Cleveland was concerned with the notification process. Discussion ensued regarding the nature of the application and what should be done. Planner Spence suggested re- noticing the SDD amendment and mentioned potential logistical issues. Mauriello was agreeable to tabling the item. Commissioner Cleveland wondered if the item can be tabled because the amendment has expired. Cleveland moved to table after discussion. 30 minutes 2. A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 5- 12 -8E, Exemption, Vail Town Code, to allow for a 24 -month exemption located 2014 West Gore Creek Drive (Hamlet Chalet) /Lots 41- 43, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, represented by BOLD Property Management Planner: Kristen Bertuglia ACTION: Approve with Conditions MOTION: Cleveland SECOND: Gillette VOTE: 5 -0 -0 CONDITION(S): 1) Approval is for a three month extension. 2) Within seven days of finalizing an approval, Bold Property Management shall identify those not in compliance and meet with those owners to educate them about the steps necessary to comply with the Town Code regarding recycling and screening containers. 3) During the extension period, owners shall use the Town of Vail's recycling facility at 75 s frontage road and no recyclables may be found in trash. Environmental Sustainability Coordinator, Mark Hoblitzell, presented Staff's findings as noted in the memo. Commissioner Rediker asked if the PEC is being called upon to require the applicant to screen their trash and recycling. Mark replied yes, they would need to fully comply with the Town Code. Page 2 Commissioner Cleveland pointed out the issue of enforcement —that it would present a challenge to Code Enforcement. He then pointed to the ownership parameter —that each unit on- site is individually platted. Commissioner Cleveland suggested a better approach would be for staff to work with the property owners to reach a practical solution. Commissioner Gillette echoed Commissioner Cleveland's statement wondering if Bold Property Management has standing to submit on behalf of the HOA. Commissioner Rediker asked for the applicant present and the public to comment. No one came forward. Commissioner Lockman expressed desire for a workable solution but would vote for Staff's recommendation. Commissioner Hansen agreed. Commissioner Cleveland felt there was no reason to grant an extension but would support a tabling. Commissioner Gillette agreed. Commissioner Rediker expressed support for 3 months but not 2 years as requested to work towards a plan. Commissioner Rediker asked what are the ramifications of the applicant hauling recycling to the the town site. Environmental Sustainability Manager, Kristen Burtuglia, responded that the interim hauling was acceptable. Commissioner Rediker spoke that it might be better to give the applicant three months to come into compliance versus tabling. In addition he recommended a condition requiring the property management company to speak with the individual tenant. Commissioner Lockman agreed with the proposed condition. Commissioner Cleveland made a motion to approve with the following conditions 1. Homeowners and tenants must haul all recyclables to 75 s frontage road and no recyclables may be found in trash. 2. See staff memo 3. The management company shall identify those individual units in compliance and those not in compliance Commissioner Lockman second. 45 minutes 3. A request for a final review of a variance from Sections 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall within the front setback area, and to allow for roof height to exceed the maximum thirty eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /Lot 9, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller ACTION: Deny (setback) MOTION: Cleveland SECOND: Hansen VOTE: 5 -0 -0 ACTION: Deny (height) MOTION: Cleveland SECOND: Lockman VOTE: 5 -0 -0 Page 3 Planner Batcheller introduced the project and walked the commission through the report. Batcheller spoke to the applicant's request, the existing nonconformities, and the criteria for approval. Joe provided background information on the Vail Village Townhome District including the height requirement and the design standards that have been incorporated into the Vail Village Master Plan. Joe concluded with the recommended motion. Commissioner Gillette asked if the applicant was involved in the formation of the VVT district. Joe responded yes and discussed the purpose of the creation of the district. Commissioner Gillette asked if it was fair to say that unlimited GRFA was a tradeoff for the height limit and the design standards. Joe responded that yes that is true. The idea was to try to limit the unwanted effects of unlimited GRFA with a height limit and design standards. Ryan Wolf representing the applicant asked where removing the walls from the front setback was alluded to. Joe responded pointing to the item J in the design standards and the meeting minutes. Wolf provided the board with his feelings related to the walls in the front setback. Commissioner Gillette asked what the situation was with the adjacent property owner wall. Joe responded and clarified that it wasn't a variance but rather a nonconforming situation. Wolf continued his presentation and rationale for the variance request. He feels that the height limit is not a hardship and would like to focus on the wall. Commissioner Gillette asked where the front of the building will be located in respect to the front property line? Wolf responded that the building is proposed at the 20' setback line. Commissioner Gillette pointed out that you could push the building back so the wall would be ok and not in the setback. Wolf replied that yes but that would change what the applicant would like to do and not be compatible with other properties existing walls. Commissioner Hansen asked if other factors were in play beside the headlights, such as security. Wolf replied no. Commissioner Rediker asked about blinds. Wolf said maybe. Commissioner Hansen spoke to the existing walls, his dislike and his desire that they go away at some point. Commissioner Rediker opened up the hearing for public comment. There was none. Commissioner Lockman spoke to the perceived hardship and feels that it could be handled differently and talked about the vision which would be not to have walls. Page 4 Commissioner Hansen commended the applicant on the building design and asked that it not be hidden by walls. Commissioner Cleveland spoke to his involvement with the VVT process and the potential impacts of redevelopment. He expressed his disappointed in the request and spoke to the reason for no walls and the need to enhance the pedestrian experience. Commissioner Cleveland found no justification for the variance requests. Commissioner Gillette agrees with the other commissioners. Commissioner Rediker also stated he agrees with the other commissioners. He then recalled his experience with the formation of the WT, and believed the height requirement is what it is. Commissioner Rediker felt the headlights could possibly be seen as a hardship but it can be mitigated by other measures. 20 minutes 4. A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group Planner: George Ruther ACTION: Table to June 22, 2015 MOTION: Hansen SECOND: Gillette VOTE: 4 -0 -1 (Cleveland Recused) Community Development Director George Ruther presented the proposal and pointed out critical factors in the review. This included the inclusion of parking in this zone district as a conditional use. George spoke to conditional uses, how this request came about and what is involved including the use of the lot for parking related to the VVMC project. George spoke to staff's proposed conditions and that the conditions assist in meeting the criteria. Emails from adjacent properties were provided to the commission. Dominic Mauriello, representing the applicant, spoke to the reason for the proposal, and his feeling that the temporary nature of the request combined with the proposal itself is compatible with the neighboring properties. Mauriello brought up ideas discussed with neighbors including trash receptacles, portable restrooms and the length of approval. Commissioner Hansen asked about the motivation for the ownership group. Mauriello spoke to the same contractor on both the hospital site and the future build on this site. Mauriello spoke of those that might park there including employees as well as workers. Commissioner Hansen asked if money was changing hands. Mauriello said most likely. Commissioner Lockman asked about parking count. Mauriello spoke to 30 -40 parking spaces. Commissioner Cleveland realized a perception of conflict of interest and asked to recuse himself. Commissioner Cleveland left the meeting. Commissioner Rediker asked about the agreement with the hospital and who the parking would be for. Mauriello clarified and spoke to the proposed conditions. Page 5 Commissioner Rediker asked what vehicles are allowed overnight and if the applicant was ok with the conditions of approval. Mauriello spoke to shuttle vans only and his agreement with the conditions but is open to any other items the neighbors may bring up. Commissioner Rediker inquired to the condition of the paving and if it would stand up to use. Mauriello believed it would and offered to work with staff on areas that may need improvements. He then spoke to the proposed entry treatment. Commissioner Gillette asked staff about the depression existing on site. Ruther said that the hole will stay and be used as detention although it won't be a hole but a smaller depression. Commissioner Gillette expressed his concern that a temporary parking lot is onerous on the neighborhood and that it should be made more presentable. He proposed a condition requiring seal coating and a further refinement of the plan. Commissioner Lockman asked for clarification on the extent of the parking proposed. Mauriello clarified the parking area. John Rediker opened up the hearing for public comment Randy Guerrero, adjacent property owner, commended staff on its analysis and conditions. Randy spoke to the criteria associated with the proposal and the need, in addition to seal coating, for striping. He expressed concern with conflicts with the bike path. He spoke to the need for a gate (not a chain) and an attendant for improved safety. He then proposed the need for an excel and decel lanes for the future development. Deana DeCorpeau expressed concern with 40 cars coming into the lot early in the morning. She asked about people parking on her property. She felt like this is a done deal. Mrs. DeCorpeau liked Randy's ideas. She was concerned that users are not familiar with the neighborhood and may not be respectful of the residents. Chris Burns spoke to the availability of frontage road parking and how it would be less impactful if that was used only during ski season. He voiced concerns related to the condition of the site, both now into the future. Andy Gunnion hoped we are not exporting a parking problem into a residential neighborhood. He is concerned about the approval stretching into the future. Mr. Gunnion supports strong conditions and changes to the look of the site. Greg Bemis spoke of signage and how poachers were going to be monitored and controlled. He asked if a business license is necessary. He brought up the idea of an electric gate. He expressed concern with the proposed hole. He asked who the residents would call if there were problems. Lastly, he asked about re- vegetation, sprinkler systems and erosion. Commissioner Rediker closed public comment. Commissioner Gillette spoke to the balance that needs to be struck. He agreed that a gate may be appropriate and commented on the lot's aesthetic deficiencies. Resurfacing, striping, re- vegetation, etc. are needed Page 6 Commissioner Hansen stated he could not support the application because it would change the character of the neighborhood too much. The aesthetic deficiencies and safety concerns are hard to address. Commissioner Lockman thanked the public for their comments and agreed with previous comments. John Ryan appreciated Staff's work thus far but would like for additional steps to be considered. Commissioner Gillette asked what would occur if the CUP is not approved. George Ruther explained how the re- vegetation would work. Commissioner Rediker would like to some things addressed. How to control access? How to make the parking lot aesthetically pleasing? Where will snow storage occur? Trash mitigation? Noise? Pavement repairs? These are questions that need to be answered. Dominic Mauriello expressed his understanding and open to drafting a management plan. Tabling would be acceptable. George Ruther stated the practical concerns with tabling. Mauriello suggested making a parking plan part of a DRB application in order to get a conditional approval from the PEC. Commissioner Rediker asked what the DIA bond issue is. George Ruther stated all work needed to be done by June 30th. Rediker expressed concerns with approving without seeing a management plan. The PEC discussed allowing for an extension to the DIA and tabling the application to the next PEC meeting. Commissioner Hansen asked what the benefit to the Town would be. Mauriello said that it would divert construction traffic from public parking facilities. Commissioner Hansen stated he was unconvinced. George Ruther proposed amending the DIA by Thursday of this week (6- 11 -15) so that all the other issues could be addressed at the next PEC meeting (6- 22 -15) without compromising the bond money. Commissioner Rediker summarized. 5 minutes 5. Report to the Planning and Environmental Commission of an administrative action approving a request of a minor amendment to SDD No. 2, Northwoods, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to amend setbacks by less than 5 feet and increase site coverage to facilitate a spa remodel, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) Applicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller ACTION: No Action Required Planner Batcheller presented per Staff's memo. 6. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Detailed Plan Recommendations for Page 7 the Evergreen Lodge at Vail, located at 250 South Frontage Road West /Lot 2W, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC140044) Applicant: Evergreen Lodge at Vail, represented by Mauriello Planning Group Planner: George Ruther ACTION: Table to August 10, 2015 MOTION: Hansen SECOND: Gillette VOTE: 4 -0 -0 (Cleveland had left the meeting) 7. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive /Unplatted, (Liftside /Cornerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Table to July 13, 2015 MOTION: Gillette SECOND: Lockman VOTE: 4 -0 -0 (Cleveland had left the meeting) 8. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to amend the approved development plan for the private school to establish the appropriate dimensional standards for a proposed employee housing unit (Headmasters House), a permitted use in the General Use (GU) Zone District, located at 3000 Booth Falls Road /Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC150011) Applicant: Vail Mountain School, represented by Mauriello Planning Group Planner: Jonathan Spence ACTION: Table to August 10, 2015 MOTION: Hansen SECOND: Gillette VOTE: 4 -0 -0 (Cleveland had left the meeting) 9. A request for a final review of a variance from Section 12 -6D -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for the construction of a garage within the front setback within the Two - Family Primary /Secondary Residential zone district, located at 1755 West Gore Creek Drive /Lot 6, Vail Village West Filing 2, and setting forth details in regard thereto (PEC150013). Applicant: Hill Run Limited, represented by Beth Levine Architect Planner: Joe Batcheller ACTION: Withdrawn 10. Approval of May 11, 2015 minutes MOTION: Gillette SECOND: Lockman VOTE: 4 -0 -0 (Cleveland had left the meeting) 11. Information Update Stream Setback Discussion: Feasibility of increasing stream setback, per Mery Lapin. George Ruther gave an overview of what is being proposed —that a new methodology might be considered for applying watercourse setbacks. 12. Adjournment Page 8 MOTION: Hansen SECOND: Gillette had left the meeting) VOTE: 4 -0 -0 (Cleveland 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 June 5, 2015 in the Vail Daily. Page 9 TOWN OF Vari PLANNING AND ENVIRONMENTAL COMMISSION June 8, 2015 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Legal Training — Matt Mire Site Visit: 1. Galvin Residence — 303 Gore Creek Drive 2. Cascade — 1310 Westhaven Drive 3. Roost Lodge — 1783 North Frontage Road 30 minutes A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years , located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. (PEC150014) Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITION(S): 30 minutes 2. A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 5- 12 -8E, Exemption, Vail Town Code, to allow for a 24 -month exemption located 2014 West Gore Creek Drive (Hamlet Chalet) /Lots 41- 43, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, represented by BOLD Property Management Planner: Kristen Bertuglia ACTION: MOTION: SECOND: VOTE: CONDITION(S): 45 minutes 3. A request for a final review of a variance from Sections 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall within the front setback area, and to allow for roof height to exceed the maximum thirty eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /1-ot 9, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): Page 1 20 minutes 4. A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITION(S): 5 minutes 5. Report to the Planning and Environmental Commission of an administrative action approving a request of a minor amendment to SDD No. 2, Northwoods, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to amend setbacks by less than 5 feet and increase site coverage to facilitate a spa remodel, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) Applicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller ACTION: MOTION: SECOND: VOTE: CONDITION(S): 6. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Detailed Plan Recommendations for the Evergreen Lodge at Vail, located at 250 South Frontage Road West /Lot 2W, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC140044) Applicant: Evergreen Lodge at Vail, represented by Mauriello Planning Group Planner: George Ruther ACTION: Table to August 10, 2015 MOTION: SECOND: VOTE: 7. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive /Unplatted, (Liftside /Cornerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Table to July 13, 2015 MOTION: SECOND: VOTE: Page 2 8. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to amend the approved development plan for the private school to establish the appropriate dimensional standards for a proposed employee housing unit (Headmasters House), a permitted use in the General Use (GU) Zone District, located at 3000 Booth Falls Road /Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC150011) Applicant: Vail Mountain School, represented by Mauriello Planning Group Planner: Jonathan Spence ACTION: Table to August 10, 2015 MOTION: SECOND: VOTE: 9. A request for a final review of a variance from Section 12 -6D -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for the construction of a garage within the front setback within the Two - Family Primary /Secondary Residential zone district, located at 1755 West Gore Creek Drive /Lot 6, Vail Village West Filing 2, and setting forth details in regard thereto (PEC150013). Applicant: Hill Run Limited, represented by Beth Levine Architect Planner: Joe Batcheller ACTION: Withdrawn 10. Approval of May 11, 2015 minutes MOTION: SECOND: VOTE: 11. Information Update Stream Set -back Discussion — Feasibility of increasing stream set -back — Mery Lapin 12. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 5, 2015 in the Vail Daily. Page 3 I (d ri fill 911 A Memorandum To: Planning and Environmental Commission From: Community Development Department Date: June 8, 2015 Subject: A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years, located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. (PEC150014) Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence SUMMARY The applicant, Ultimate Cascade LLC, represented by Mauriello Planning Group., is requesting a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years, located at 1310 Westhaven Drive /Cascade Village. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the major amendment to Special Development District (SDD) No. 4, Cascade Village, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is proposing to convert Unit 101 of the approved Cascade Residences development from a free market dwelling unit (DU) to a deed restricted Employee Housing Unit (EHU). The conversion of this 1,834 sq. ft. unit, along with the provision for off site or fee in lieu for the remaining 1,090 sq. ft. requirement will bring the employee housing mitigation plan into conformance with current regulations. Along with the proposed conversion of one dwelling unit, the applicant is requesting a re- review and approval of the entire project The applicant has provided a written description of their request, dated March 26, 2015 (Attachment A) and plans, (Attachment B),. III. BACKGROUND SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 originally included the following: • Area A Cascade Village • Area B Coldstream Condominiums • Area C Glen Lyon Primary/Secondary and Single Family Lots • Area D Glen Lyon Commercial Site The entire Cascade Village development site is approximately 97.9 acres in size. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Area D, the Glen Lyon Commercial Site was removed from the SDD via Ordinance No. 8, Series 2011. The purpose of the removal was to allow the property to be included in the Lionshead Redevelopment Master Plan and as a component of the Ever Vail development and subdivision. Cascade Residences Site (Colorado Mountain Condominiums) The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building ", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build -to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums. Town of Vail Page 2 Previous Approvals - Cascade Residences The original approved development plan for the Cascade Residences, approved via Ordinance No. 33, Series 2005, included the development of 11 dwelling units and permitted up to 32,000 sq. ft. of Gross Residential Floor Area (GRFA). In addition, 4,087 sq. ft. of existing commercial, retail and office space uses were maintained in the proposal and were approved. This original approval was amended with Ordinance No. 31, Series 2007 that provided for an increase in the number of dwelling units from 11 to 14. There was no increase in GRFA as a result of this amendment. Approvals for this project were extended via Resolution No. 13, Series 2012 to June 1, 2015 because of the challenges related to economic conditions and the world financial markets. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12 -1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12 -1 -2. Purpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. Town of Vail Page 3 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12 -9A -1: Purpose and Applicability: A. Purpose. The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the town, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts. hillside residential, single- family residential, two - family residential and two - family primary /secondary residential. 12- 9A -10: AMENDMENT PROCEDURES. B. Major Amendments. 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12- 9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment Town of Vail Page 4 V. (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this title. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: VI. SURROUNDING LAND USES 1310 Westhaven Drive Colorado Mountain Condominiums Special Development District No. 4 (no underlying base zoning) Resort Accommodations and Services Mixed -Use Residential and Resort /Spa None Land Uses North: Parking Structure/Westhaven South: Vail Cascade Hotel East: Plaza Building West: Millrace Condominiums VII. ZONING ANALYSIS /SDD #4, PHASE Zoning SDD No. 4 SDD No. 4 SDD No. 4 SDD No. 4 Development Standard Approved/ Existing Proposed Change Gross Residential Floor Area (GRFA) 31,058 sf. 29,224 sf. 1,834 sf. Parking 69 spaces 69 spaces No change Dwelling Units (DUs) 14 Dwelling Units 13 Dwelling Units 1 unit I Employee Housing Unit 0 1 1 unit T Height 55' 55' No change Site Coverage 50% (per SDD) 14,980 sf. No change Landscaping 50% (per SDD) 50% 1 No change *Per the Vail Town Code, the parking requirements for DUs and EHUs are the same. VIII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: Town of Vail Page 5 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The Applicant is proposing to convert Unit 101 of the approved Cascade Residences development from a free market dwelling unit (DU) to a deed restricted Employee Housing Unit (EHU) which will have no impact on the exterior architecture and fenestration of the building. The previously approved development plan for the Cascade Residence presented numerous exterior changes; those changes were deemed by Staff and the PEC to be improvements to the overall design aesthetic and character of the building. No exterior changes are proposed with this amendment. As noted in and discussed under criterion No. 6, Design Features, staff has identified a concern that the architectural design has not kept up with the prevailing level of quality seen in projects approved and constructed in the time since the original approval. To address this concern, a recommended condition of approval has been included requiring the project to be reviewed by the Design Review Board (DRB) subsequent to any approval received by the Town Council. Despite this concern, Staff finds again that the design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, design, bulk and mass and of the building will not be affected by this amendment or the proposed changes to the exterior of the building. Staff finds the proposal does comply with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The conversion of one unit from a free market dwelling unit (DU) to a deed restricted Employee Housing Unit (EHU) under this proposal will not have any negative impact on the functions of the surrounding uses and activities. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The proposal to convert one unit from a free market dwelling unit (DU) to a deed restricted Employee Housing Unit (EHU) do not change the required parking or loading and delivery requirements for the development. The original approval resulted in a net Town of Vail Page 6 reduction in the number of required spaces for this property due to the changes of use from institutional /commercial to residential. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail comprehensive plan and found the following documents and associated goals, objectives, statements applicable to this proposal. Vail Land Use Plan (in part) 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. 1.12 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The proposal to bring the project into conformance with the current requirements for employee housing mitigation is supported by the excerpted policies of the Vail Land Use Plan. Staff finds the proposal complies with this criterion. Town of Vail Page 7 5. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. This portion of Special Development District No. 4, Cascade Village, is not located within any identified geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not include any changes to the site plan, building footprint design or location, or open space provisions. The original approval for the Cascade Residences was obtained in January 2006 following a review and recommendation from the Planning and Environmental Commission on November 14, 2005. The staff memo prepared at that time expressed support for the design of the project as an improvement over the existing building. Although this remains true today, staff has concerns that the overall architectural design has not kept pace with the expected design quality of the community. Newly constructed projects, including the Sebastian Hotel, Vail Mountain View Residences, The Westhaven Condominiums and One Willow Bridge have raised the bar for aesthetic quality in the Town of Vail. One Willow Bridge Vail Mountain View Residences Town of Vail Page 8 The Sebastian Hotel The Westhaven Condominiums Specifically, recent developments have utilized greater building off sets, a more interesting material palette, and a greater diversity of roof forms. To address this concern, staff has offered a recommended condition of approval that requires the project to return to the Design Review Board for a thorough review of the projects proposed architecture. The Cascade Residences Staff finds the proposal with the recommended condition of approval complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal does not include any changes to the pedestrian or vehicular circulation on or off site. Staff finds the proposal complies with this criterion. Town of Vail Page 9 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal does not include any changes to the landscaping or open space on the site as identified on the approved development plan. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by the Town of Vail staff to ensure impacts are minimized to public rights -of -way and adjacent properties. Staff finds the proposal complies with this criterion. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. The proposed amendment to the Cascade Residences to convert a free market dwelling unit (DU) to a deed restricted Employee Housing Unit (EHU) brings the project into greater conformance with the Vail Town Code. The proposal is not a deviation and does not require mitigation for its presumed adverse impacts. Staff finds the proposal complies with this criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Town Council on a major amendment to a Special Development District No. 4, Cascade Villages, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years, located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Town of Vail Page 10 Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with a condition to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years, located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the Commission applies the following conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application, including compliance with Sec. 14 -10 -5 Building Materials and Design, Vail Town Code Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated June 8, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. That the special development district amendment complies with the standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and Town of Vail Page 11 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the special development district amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTAC H M E N TS A. Vicinity Map B. Written Request dated March 26, 2015 C. Proposed Plans including Building Elevations Town of Vail Page 12 Application for a Major Amendment to Special Development District No. 4, CascadeVillage Mauriello Planning Group U) N V N _N Q� Q� Cd V N Cd Cd Introduction In January of 2006, Ordinance No. 22, Series of 2005, amended Special Development District No. 4, Cascade Village, allowing for the redevelopment of the area which formerly included the Cascade Village Theater and Colorado Mountain College into the Cascade Residences. This approval was then amended by Ordinance No. 3 1, Series of 2007, which amended Ordinance No. 22 to allow for a slight increase in the number of dwelling units (from I I to 14) for the project. This approvals for the project were then extended by Resolution No. 13, Series of 2012, which extended the approvals until June of 2015. Ultimate Cascade, LLC, represented by Mauriello Planning Group, is currently requesting an extension of the approval for the Cascade Residences. However, understanding the Town's goals in providing employee housing, the applicant is proposing to bring the project into compliance with the Town's employee housing regulations which were adopted subsequent to the original approvals. This change will then bring the project into compliance with all of the Town's current regulations. According to Town staff, this change requires a Major Amendment to an SDD, which has the effect of extending the approval of the project for an additional three years. The elimination of one dwelling unit and converting it into an employee housing unit is a major amendment to SDD #4. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions ", or 12 -15 -5, "Additional Gross Residential FloorArea (250 Ordinance) ", of this title. The applicant is proposing to convert Unit 101 from a dwelling unit into an Employee Housing Unit. Unit 101 is 1,834 sq. ft. and the conversion of this unit, along with the the provision of off -site units or fee -in -lieu for the remaining 1,090 sq. ft., will bring the entire project into compliance with the current employee housing regulations of the Town of Vail. Garage Level Upper Garden Level Site Information The Cascade Residences is located at 1310 Westhaven Drive, within Area A of the Cascade Village Special Development District No. 4. Cascade Village was originally approved as a Planned Unit Development under Eagle County jurisdiction, then was annexed into the Town of Vail in 1975. As a result, there is no underlying zoning for the property. The current building was originally constructed in 1983 as a mixed use commercial and residential development. Uses previously located within the building included Colorado Mountain College and the Cascade Theaters, along with other restaurant and office uses. There are 8 existing dwelling units which will not be modified with this application. Detailed Project Description and Zoning Analysis A. Density Density is expressed as the number of residential dwelling units per acre of land. Allowable density for entire Area A, which includes the Cascade Hotel, Westhaven Condominiums, Liftside, Millrace, etc., is 15 dwelling units per acre. The proposed amendment includes a decrease from 14 units to 13 units for the Vail Cascade Residences with the addition of , one employee housing unit (which is not counted towards density). Total dwelling units for entire Area A is proposed to be amended from 101 dwelling units to 100 dwelling units. However, there is no change to the overall density of Area A, which allows for a total allowable density of 270 units per the original SDD approval in 1975. Total unit count in the entire Area A of cascade Village is 288 accommodation units (which then covert to 2 au = I du) and 101 dwelling units (based on current approvals), which totals to 245 units. With the elimination of one dwelling units proposed, the total units constructed will be 244 u n its. B. Residential Floor Areas The applicant is requesting an decrease in density from 14 units to 13 units, there is no change in the overall approved gross residential floor area. The total allowable GRFA for the entire Area A is 289,145 sq. ft., while only 239,680 sq. ft. has been constructed. The 2007 approval allowed for 31,058 sq. ft. of GRFA for the Cascade Residences. The conversion of Unit 101 removes 1,834 sq. ft., for a total of 29,224 sq. ft. of GRFA with this application. C. Parking and Loading SDD No. 4 provides that off - street parking shall be provided in accordance with Chapter 12 -10, except that 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the main Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The current amendment has no impact on the parking requirements as approved previously. Employee Housing Units require the same number of parking spaces as dwelling units. The following analysis is provided for reference and has not changed from the previous approval. The parking table within the ordinance approving SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on -site. The Colorado Mountain College building (this is how the entire building including the theaters is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater 28 parking spaces College Classrooms 40 parking spaces College Office 4 parking spaces Theater Meeting Room 21 1 1.5 parking spaces Sub -Total 83.5 parking spaces BlueTiger /Clancy's 13.3 parking spaces (no change proposed) Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 parking spaces less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven dwelling units over 2000 2.5 per unit 17.5 parking spaces sq. ft.: Seven dwelling units under 2000 2 per unit 14 parking spaces sq. ft. Commercial Floor areas as office I per 250 sq. ft. 16.3 parking spaces use (4,087 net increase sq. ft. retail/ office): Total: 47.8 parking spaces Total less 17.5% multi -use credit: 39.4 parking spaces Therefore, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. However, that does not change the fact the parking must be available to meet the parking requirement of uses within Area A as described in the regulating ordinance. Since the proposed redevelopment of the subject property will have markedly less impact on the parking, the owner of the parking structure also stands to benefit from the proposed application by unburdening 26 parking spaces originally set aside for the Colorado Mountain College and Cascade Theaters. No additional parking is therefore required for this application, nor is ownership of that parking required for the proposed uses. However, as a benefit to the owners of the Vail Cascade Residences, the developers have provided some parking spaces within the building itself. Since the approval of Ordinance No. 22, the developers have obtained approval for an additional 13 spaces in a parking garage beneath the Cascade Residences structure. This addition did not require any review by Planning and Environmental Commission (other than for a variance for the garage entrance) or by Town Council. However, as a result, there is excess parking for the proposed units, and no additional parking is required. Special Development District — Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: The Vail Cascade Residences -W*�44 redevelopment will not impact the original design which previously received PEC and DRB approval.The building has and continues to be compatible with the immediate environment, neighborhood and adjacent properties r, relative to architectural design, scale, bull<, building height, Cascade Residences buffer zones, identity, character, , visual integrity and orientation. There are no exterior changes as a result of the conversion of one dwelling unit into an employee housing unit. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. O u r An alysi s. The applicant is not proposing any changes that deviate significantly from the intentions of SDD No. 4. The Cascade Village area and SDD No. 4 is characterized by residential, lodging, and commercial development. SDD No. 4 was established to ensure comprehensive development in a manner that is harmonious with the general character of the Town. The proposed redevelopment plan responds to the residential and commercial uses already developed in the neighborhood and adds to the high quality mix of uses existing along Westhaven Drive. The proposed uses will enhance this resort hub within the Cascade Village and generate activity that will not only benefit the property owner but the citizens of the Town of Vail. The proposed project creates a compatible, efficient, and worl<able relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. O u r An alysi s: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations or those contained within the ordinance regulating SDD No. 4. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. O u r An alysi s: The proposed Vail Cascade Residences redevelopment plan complies with all relevant master planning documents and Town policies. Please refer to the following section of this report for a comprehensive review of the Town's master planning documents and policies that are implemented by this plan. E. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town for this site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The building at issue has been developed for more than 30 years and therefore there are no natural features on the site.The property is well landscaped. The proposed project was designed to reflect the more modern design of the existing building as well as other adjacent buildings, the climate, and quality demanded by the Town. The project was also developed around the goals identified for SDD No. 4 and specifically Area A. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. O u r An alysi s: The proposed project does not change the access or circulation system for the area. The proposed change from a dwelling unit to an employee housing unit will have no impact to traffic in the area. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. O u r An alysi s: Area A is currently developed with landscape improvements and open spaces which comply with the original approval for Cascade Village. The proposed project will not impact landscape or open space requirements. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. O u r An alysi s. The project is proposed to be developed in one phase. Building permits and compliance with current code requirements will be satisfied. A condominium plat will be required prior to CO of the Project. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A.Vail Land Use Plan 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. 1.5 Commercial strip development of the Valley should be avoided. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Slier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Housing Plan The primary reason for this amendment request is to bring the project into compliance with the Town's current employee housing regulations, which were adopted subsequent to the original approval of the Cascade Residences. Ordinances No. 7 and No. 8, Series of 2007, requires the submittal of an employee housing plan or statement of exemption, as part of any development application. The purpose of the housing plan is to provide the Town with a strategy for the provision of employee housing units and to provide guidance to an applicant as to the suitability of the plan. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan. CALCULATION METHOD the calculation of the commercial linkage and inclusionary housing requirement, including credits where applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter. A. Commercial Linkage Calculation. Ordinance 7, Series of 2007, provides the Commercial Linkage requirements. Based on this ordinance, commercial generation rates are applied to the new commercial uses on the site. Then, a 20% mitigation rate is applied to the net new employees generated by the proposed uses. Existing Commercial Uses: Colorado Mountain College 15,204 sq. ft. Theaters 10,568 sq. ft. Restaurant /Off ce 3,547 sq. ft. Total Existing 29,319 sq. ft. Proposed Commercial Uses: 4,087 sq. ft. There is a net decrease of commercial square footage on the site and therefore there is no commercial linkage requirement. B. Inclusionary Housing Calculation. Ordinance 8, Series of 2007, provides an inclusionary housing "mitigation rate of ten percent (10 %) of the total new GRFA." Net New GRFA proposed: 29,244 sq. ft. Inclusionary Requirement: 10% of net new GRFA Total Housing Requirement: 2,924 sq. ft. 50% On -site Requirement: 1,462 sq. ft. On -site Provided: 1,834 sq. ft. Off -site or In -lieu: 1,090 sq. ft. 2. PLANS A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12 -24 -3, Building Requirements. A full set of plans have been submitted to the Town of Vail with this application. The unit proposed to be deed - restricted is Unit 101, which is indicated on the following plan: a 3 M 5 I 7 a I e Garage Level Upper Garden Level LOT SIZE —The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable. SCHEDULES A timeline for the provision of any off -site EHUs. Not Applicable. OFF -SITE UNITS A proposal for the provision of any off -site EHUs shall include a brief statement explaining the basis of the proposal. Not Applicable. OFF -SITE CONVEYANCE REQUEST A request for an off -site conveyance shall include a brief statement explaining the basis for the request. The applicant is proposing an employee housing unit of 1,834 sq. ft. on -site. The remaining requirement is 1,090 sq. ft. This requirement will be met either through the conveyance of off -site unit(s) or through a fee -in -lieu. Any off -site conveyance will be reviewed and approved by staff. FEES -IN -LIEU A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. The applicant is proposing an employee housing unit of 1,834 sq. ft. on -site. The remaining requirement is 1,090 sq. ft. This requirement will be met either through the conveyance of off -site unit(s) or through a fee -in -lieu. The fee -in -lieu payment is based on the adopted fees in effect at the time of building permit and will be paid with the submittal of the building permit if this option is proposed. �Y PNIM o2 a UNIT 101 ; i 7//, 4 Upper Garden Level LOT SIZE —The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable. SCHEDULES A timeline for the provision of any off -site EHUs. Not Applicable. OFF -SITE UNITS A proposal for the provision of any off -site EHUs shall include a brief statement explaining the basis of the proposal. Not Applicable. OFF -SITE CONVEYANCE REQUEST A request for an off -site conveyance shall include a brief statement explaining the basis for the request. The applicant is proposing an employee housing unit of 1,834 sq. ft. on -site. The remaining requirement is 1,090 sq. ft. This requirement will be met either through the conveyance of off -site unit(s) or through a fee -in -lieu. Any off -site conveyance will be reviewed and approved by staff. FEES -IN -LIEU A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. The applicant is proposing an employee housing unit of 1,834 sq. ft. on -site. The remaining requirement is 1,090 sq. ft. This requirement will be met either through the conveyance of off -site unit(s) or through a fee -in -lieu. The fee -in -lieu payment is based on the adopted fees in effect at the time of building permit and will be paid with the submittal of the building permit if this option is proposed. 8. WRITTEN NARRATIVE A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with theTown's Comprehensive Plan. Chapter 12 -24 -1 The purpose of Chapter 12 -24 -1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. TheTown Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town ofVail, with appropriate restrictions. 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. The proposal meets the purposes and goals listed above. Adjacent Property Owners Within SDD THE COLORADO MOUNTAIN CONDOMINIUM ASSOCIATION, INC. VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DR, #I VAIL, CO 81657 L -OVAIL HOLDING INC DIRECTOR OF FINANCE 1 300 WESTHAVEN DR VAIL, CO 81657-3890 DON MACLACHLAN 1300 WESTHAVEN DR VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DR VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOC 1234 WESTHAVEN DR VAIL, CO 81657 -4394 VAIL PARKING LLC 2990 BOOTH CREEK DR VAIL, CO 81657 -4623 THE CASCADES ON GORE CREEK OWNERS ASSOCIATION, INC. VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE, #I VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION JULIE GRIMM 710 WEST LIONSHEAD CIRCLE, SUITE B VAIL, CO 81657 LIFTSIDE /CORNERSTONE CORNERSTONE L -O WESTHAVEN INC DIRECTOR OF FINANCE 1300 WESTHAVEN DR VAIL, CO 81657 -3890 WESTHAVEN AT CASCADEVILLAGE ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE, #I VAIL, CO 81657 OLIVER, ROBERT LEON PO BOX 976 CUERO,TX 77954 -0976 FLOWER, ELIZABETH RAMSEY - ETAL OWNERADDRESS 19023 HIGHWAY 131 BOND, CO 80423 -9500 MILLRACE CONDOMINIUM ASSOCIATION JULIE GRIMM 710 WEST LIONSHEAD CIRCLE, SUITE B, VAIL, CO 81657 Adjacent to SDD UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 TOWN OFVAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657 -5043 BOYER, MICHAEL 1200 MCARTHUR LN MCALESTER, OK 74501 -7150 POINTES OF COLORADO EAGLE POINT RESORT 1500 MATTERHORN CIR VAIL, CO 81657 -4354 BOLD PROPERTY MANAGEMENT SOLUTIONS P.O. BOX 5800 AVON, CO 81620 SIMBA RUN CONDOMINIUM ASSOCIATION 1 100 N FRONTAGE RD VAIL, CO 81657 SIMBA RUN CONDOMINIUM ASSOCIATION ANNE L NELSON 8547 E ARAPAHOE ROAD, #J542 GREENWOOD VILLAGE, CO 80112 VAIL RUN RESORT COMMUNITY ASSOCIATION, INC. GRITT FLEISCHER 1000 LIONSRIDGE LOOP VAIL, CO 81657 SOHO DEVELOPMENT LLC FIXED ASSETS DEPT 390 1NTERLOCKEN CRIES STE 1000 BROOMFIELD, CO 80021 -8056 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 1NTERLOCKEN CRIES STE 1000 BROOMFIELD, CO 80021 -8056 EAGLE RIVERWATER & SANITATION DISTRICT 846 FOREST RD VAIL, CO 81657 -5704 z O F- Q w J W F- U) Q� Wz Z O w J W (!) 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(PEC150016) Applicant(s): Hamlet Homeowners Association C/O Bold Property Management Planner: Mark Hoblitzell SUMMARY The applicant, Hamlet Homeowner's Association, represented by Bold Property Management, is 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 a three month approval with conditions subject to the findings noted in Section VI of this memorandum. A vicinity map (Attachment A), photographs (Attachment B) and the applicant's request (Attachment C) are attached for review. II. DESCRIPTION OF REQUEST The applicant, Hamlet Homeowners Association, represented by Bold Property Management, is requesting a 24 -month recycling exemption for the Hamlet located at Vail Village West Filing 2 Lots 41- 43/2014 West Gore Creek Drive Units 1 -6. 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 applicant has submitted a project narrative (Attachment C) that asserts that an exemption is appropriate because of space limitations on site. Additionally the applicant asserts that is no commonly held property to house a common dumpster, and due to proximity to the town's recycling drop off center, owners and tenants will be encouraged to recycle at that site. III. BACKGROUND The Hamlet Homeowners' Association has no common property on which to house a larger trash facility for the property. Each owner is currently responsible for their own property and managing their own trash. There are six buildings and approximately three to four units in each building (18 -24 total units). Five of the six buildings have two garages for ten total garage spaces. There is at least one unit currently in compliance with recycling requirements. A variety of units occupy the site; some have garages, others have un -used space under stairwells, and others are very space limited with no garage or stairwell space and have a side by side lockable waste container. The community wide recycling ordinance passed in March, 2014 and became effective in July, 2014 effectively allocating 11 months of preparation time to this point. 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: 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 Town of Vail Page 2 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, and 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. 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 has appropriate space for the units to store individual recycling and garbage bins either in available space under stairwells, along building walls, or in unit garages. There is also space for a larger common waste facility however, based on property ownership this option would need to be worked out among property owners. Town of Vail Page 3 Therefore, staff finds that the application does not meet criterion for physical limitations based on space available. 3. Operational considerations including but not limited to: hours of operation, staffing, proximity to recycling facilities, implementation schedule. The Hamlet is approximately 2.4 miles away from the town's recycling drop off site. Residents would be required to drive, rather than walk, to deliver recyclable materials to this facility. Additionally, "strongly recommending residents to handle their own recycling privately" does not provide a plan to bring the property into compliance with town code. Therefore, staff finds that the application does not meet this criterion for using the town recycling drop off center as a long -term alternative site. 4. Conflicts with adopted regulations including but not limited to: land use regulations, building /fire code regulations. Staff finds that a few units in the Hamlet would have issues related to Vail Town Code section 5 -2 -4 and Section 14- 10 -10E related to screening of refuse containers. 5 -2 -4 All refuse, except rubble and recyclable materials, shall be stored either in "refuse containers"; as defined in Section 5 -2 -1 of this Chapter, or in "refuse storage rooms'; as defined in Section 5 -2 -1 of this Chapter, at a designated place on the premises, either inside or outside, easily accessible to refuse haulers within the Town, and shall be properly concealed so as to not degrade the architectural and landscaping qualities of the premises. Concealment facilities shall be approved by the Department of Community Development. (1997 Code. Ord. 4(1973) § 4(a)) `Liff[oai[f1all Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. Therefore, staff finds that the application meets criterion conflicts with adopted regulations. Units that have garages or under - stairwell spaces that are blocked from public areas do not currently have issues with this code section. 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 three -month period of non- compliance with recycling regulations, and setting forth details in regard thereto. During Town of Vail Page 4 this period of non - compliance, homeowners and tenants will be required to recycle at the Town of Vail recycling drop off center located behind the Community Development building. Recyclables will not be allowed in trash containers. The three month exemption will allow occupants time to purchase additional bins, take necessary measures to screen trash storage areas, or come to an agreement for a property -wide trash and recycling storage area. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Due to the challenges presented by the applicants, staff recommends an additional three -month period, not to exceed September 8t", 2015, be granted to allow owners time to come into compliance with recycling and refuse storage guidelines in 5- 12 and 5 -12 -4. 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 applicant's 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 three month exemption to come into full compliance by the end of the exemption period at 2015 West Gore Creek Drive and setting forth details in regard thereto." Should the PEC approve this motion, staff recommends the following conditions. During the granted exemption period, homeowners and tenants must recycle at available recycling drop off facilities. The Town of Vail recycling drop off site is located at the municipal complex at 75 S. Frontage Road West behind the community development building. Recyclables will not be allowed to be discarded as trash on the property. 2.. Prior to September 8, 2015 the applicant shall submit for review and approval a plan clearly demonstrating the measures to be undertaken to come into full compliance with Section 5 -2 -4 and 14- 10 -10E (Refuse Storage and Service Areas) Vail Town Code by the end of the exemption period, September 8, 2015. 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. The plan must include. 1. A narrative describing how the property will come into compliance with the recycling regulations. 2. Site plan showing locations of trash and recycling bins for each unit and screening where applicable. 3. Identification of units in which screening of trash facilities are Town of Vail Page 5 required in order to comply with 14- 10 -10E A. Description of the Community Development Department approved screening method for those units. 4. Timeline for the Design Review Board (DRB) process of construction of screening to bring property into compliance by September 8t" 2015. Should the Planning and Environmental Commission choose to approve this exemption request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section V of the June 8, 2015 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. 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. 4. Conflicts with adopted regulations including but not limited to. land use regulations, building /fire code regulations. VII. ATTACHMENTS A. Vicinity Map B. Photographs C. Applicant's Request A: Vicinity Map Town of Vail Page 6 AFWftet 2106 2109 f 2111 l 1741 lets t �i IV r t , 1850 1855 17 \\ �� /t23B tp 5 ,pl,r,■C.rptk 2tr, y�4 It / ,74 1040 �. 70 r "y 6 }250 2150 µpW 1M 2065 r^' . r .. 1915 N 5 a�alrp+etlr 2100 COSA *F 223 Thu May 28 2015 04:07:49 PM. Town of Vail Page 7 B: Photographs: Hamlet: Looking west from West Gore Creek Hamlet: northwest entrance Drive Hamlet: Looking south from West Gore Creek Drive r I Hamlet: Current under stair waste storage area. Town of Vail Page 8 Hamlet: Recycling ordinance compliant unit, no screening, garage available Hamlet: Current recycling and waste storage space w. . w Hamlet: Potential recycling and waste storage space Hamlet: Waste storage for unit without garages. Town of Vail Page 9 DDo tment of Community Development AM 2'? 2015 75 South Frontage Road TOWN Of VAIL Vail, co 81657 Tel: 970 -479 -2128 TOWN OF VAIL www.vailgov.com 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. Fee: $450.00 Description of the Request: 140-1)0-0- Alz,7SD b Qfi b i'1 ► %,tc h y l t 4i ere n o +ep fw a l el rn mo o one p1 act -tb hive- 4m s k a re ckl o it Lo, 'A-e oappu�v 'I <, Physical Address: (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Mailing Address: l W-M I-C ftA C% D 601d f rvp-e,/fly RW -e4h eiL+ o Qoy� S3ivo p1/Dn, 00 Ott) -- Phone• q--�b (?Ltq 60�b Owner's Signature: Prima ry Contact/ Owner Representative: f oe ASSn . 016-- 2)"1'1 as LLn .co,+ rtA Mailing Address: P0 0 U AV LY1 C ti s h b 2,o Phone: q-�b qi f r b b E -Mail: a rye \j (C'D M>SJ -b GIBS V Ct'I . 0`0 n Fax: q -ID a`-4e1 SSZo r For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: Received F m: Meeting Date: PEC No.: l Planner: Project No: - 0 1 Zoning: Land Use: Location of the Proposal: Lot: 0 Block: Subdivision:_ \/ V it,) r9 July 2014 In speaking with Matt Donovan of Vail Honeywagon, he also confirms that having a separate recycling receptacle at each unit is not realistic due to space. As the land is owned by each owner, not one owner is willing to forfeit part of their property to house a recycling dumpster. The Town of Vail recycling center is merely a mile down the road from the complex and all owners and tenants will continue to be strongly encouraged to handle their own recycling privately at the designated recycling site. Project Narrative: Physical Limitations. Hamlet Homeowner Association complex is such that there is no general common element for one place to have trash and recycling. The property is small enough already that the trash receptacles barely fit. In speaking with Matt Donovan of Vail Honeywagon, he also confirms that having a separate recycling receptacle at each unit is not realistic due to space. As the land is owned by each owner, not one owner is willing to forfeit part of their property to house a recycling dumpster. The Town of Vail recycling center is merely a mile down the road from the complex and all owners and tenants will continue to be strongly encouraged to handle their own recycling privately at the designate recycling site. Requested Period of time for exemption: 24 months Iffi �ilh VA IL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 8, 2015 Community Development Department 970.479.2138 SUBJECT: A request for the review of a variance from Sections 12 -6J -6, Setbacks, and 12- 6J-7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall and fence within the front setback area, and to allow for roof height to exceed the maximum thirty -eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller SUMMARY The applicant, Christopher Galvin, represented by Shepherd Resources, is requesting the review of a variance from Sections 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall and fence within the front setback area, and to allow for roof height to exceed the maximum thirty -eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /Lot 9, Block 5, Vail Village Filing 1, to the facilitate the redevelopment of townhouses located at 303 Gore Creek Drive Units 9 & 10 (Vail Row Houses). 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 the proposed height variance, and denial of the proposed setback variance, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Christopher Galvin, is proposing to redevelop townhouses 9 & 10 at 303 Gore Creek Drive. The proposed redevelopment will eliminate the two existing units, replacing them with one newly constructed townhouse. Part of the proposed redevelopment includes a six foot (6') tall wall and fence spanning the lot's entire frontage (43'), which would be located in the front setback. Per Section 14- 10 -9E, fences, hedges, walls, and landscape screens cannot exceed three feet (3') in height within front setbacks. The applicant is asking for relief from Section 12 -6J -6, Setbacks, Vail Town Code to allow for a six foot (6') high wall and fence to encroach 8'- 5" into the front setback. The applicant is also requesting a height variance to allow for a structure that would be 39' -4" tall —a variance of V -4 ". The additional height would occur on the north side of the proposed structure, which faces the Gore Creek. Staff is recommending denial for both variance requests because the applicant has not demonstrated the presences of a physical hardships or extraordinary circumstances. Attached for review is a vicinity map (Attachment A), applicant's request (Attachment B), proposed architectural plans (Attachment C), and an email from Dominic Mauriello, dated May 21, 2015 (Attachment D). III. BACKGROUND The Vail Row Houses were platted on January 9, 1963. Units 9 & 10 at 303 Gore Creek Drive were built in 1963. The subdivision, Lot 11, Block 5, Vail Village Filing 1 (Vail Townhouse on Lot Eleven), was annexed into the Town of Vail in 1966. From 2010 to 2014 the Vail Row Houses were subject properties in the effort to adopt the Vail Village Townhouse District and the subsequent re- zoning. The purpose of creating the Vail Village Townhouse District was to streamline the development process as many properties in area were non - conforming and often required variances for improvements. Height and Gross Residential Floor Area (GRFA) were discussed at great length in the Town Council meetings, as well as the Planning and Environmental Commission meetings. In order to incentivize redevelopment, GRFA restrictions were eliminated. There were concerns by public officials that doing so would compromise the character of the neighborhood, however. To satisfy the concerns of public officials, height was further restricted than what was initially proposed from 43' to 38'. Stringent design standards were also part of the compromise to eliminate GRFA. These were seen as an adequate measure to limit the bulk and mass of future redevelopment. Design standards were also considered, including fences and walls. The language adopted in Resolution No.7, 2012, states the following: J. Fences and Site Walls. Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Town of Vail Page 2 TITLE 12. ZONING REGULATIONS CHAPTER 12 -1. TITLE, PURPOSE, APPLICABILITY (in part) 12 -1 -2. PURPOSE. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT (in part) Town of Vail Page 3 12 -6J -1: PURPOSE. The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple- family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12 -6J -6. SETBACKS. The minimum setback shall be twenty feet (20) from the front and rear property lines. The minimum setback shall be twenty feet (20) from the side property lines, except the setback shall be zero feet (0) from the side property lines between attached dwelling units. (Ord. 2(2012) § 4) 12 -6J -7. HEIGHT. For a flat roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). CHAPTER 12 -17, VARIANCES (in part) 12 -17 -1. PURPOSE. A. Reasons for Seeking Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from topographic or physical conditions on the site or in the immediate vicinity; or from other physical Town of Vail Page 4 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. TITLE 14: DEVELOPMENT STANDARDS CHAPTER 14 -10. DESIGN REVIEW STANDARDS AND GUIDELINES (in part): 14 -10 -9. FENCES, HEDGES, WALLS, AND SCREENING. A. Placement. The placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment, etc. B. Design. Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or as required for recreational facilities. C. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and /or aesthetically. D. Sight Triangle. To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet (3) in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30) along each lot line. E. Height Limitations. Fences, hedges, walls and landscaping screens shall not exceed three feet (3) in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. (Ord., 9 -21 -1999) VAIL VILLAGE MASTER PLAN (in part) IV. PURPOSE OF THE PLAN. Town of Vail Page 5 This Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. This Plan emphasizes the critical need to balance and coordinate parking and transportation systems with future improvements to Vail Mountain that will increase the "in and out of Valley" lift capacity. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides valuable information for a wide variety of people and interests. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS. 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. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. 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, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Finally, action steps are suggested as immediate follow -up actions necessary to implement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. 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. Objective 1.4. Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Town of Vail Page 6 Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Policy 1.4.3: Identification of "historic" importance shall not be used as the sole means of preventing or prohibiting development in Vail Village. EAST GORE CREEK SUB AREA ( #6) AS,' -1v nDC]V �.... DRIVE -; 5 -1- 3 RR A_ i EAST GORE CREEK A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium and townhouse projects with a limited amount of support commercial. Surface parking is found at each site, which creates a dominant visual impression of the sub- area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub -area which were platted and /or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards, (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Town of Vail Page 7 Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area may attract additional traffic and population into this area and may have significant impacts upon portions of Sub - Areas 7 and 10. There are several existing townhouse properties in the East Gore Creek Sub -Area, including the Vail Townhouse Condominium, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian- oriented, urban character of Vail Village. All demo /rebuild and new construction oroiects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case -by -case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning. The existing townhouse properties in the East Gore Creek Sub -Area including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes should be rezoned from the High Density Multiple- Family (HDMF) District to the Vail Village Townhouse (VVT) District. Town of Vail Page 8 B. Development Pattern. Townhouse properties in the East Gore Creek Sub - Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. C. Architectural Theme. The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. 1. Units. The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings. Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the same exterior design, materials, textures, and colors. Town of Vail Page 9 b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing. Buildings shall step back from the front property line to create the appearance of a two -story fagade along the street. For the purposes of these design considerations, a story or floor is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 11 feet in height. The front fagade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front fagade of the third floor and any floors above shall step back 6 to 10 feet from the fagade of the second floor below. E. Street Edge. Front fagade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front fagades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Fagade. To reduce the appearance of building height and mass, and to create a residential scale and character, all fagades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the appearance of a residential neighborhood. Fagades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No fagade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building, however, garage entries are strongly discouraged on the front fagade. G. Cantilevers. On the front fagade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. H. Roof Pitch. The primary roof form should be sloping with pitches from 3:12 to 4:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. Town of Vail Page 10 I. Roof Ridge. The primary roof ridges shall be parallel with the front fagade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls. Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping. Trees, shrubs, and other plant materials shall be located in the front portion of the site to create privacy and to soften the visual transition from roadways and parking areas to the building fagades. L. Deck Rails. Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. M. Parking. Off - street parking should be located on at -grade surface driveways or in below grade shared parking structures. Off - street parking should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. #6 -3 Vail Row Houses To encourage redevelopment, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. Where possible, driveway widths shall be minimized and areas for landscaping increased. Surface parking shall be improved when redevelopment occurs using high quality landscape paver treatments and the current post and chain parking delineation shall be replaced with other methods to identify private parking. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation. Improvements to the Gore Creek stream corridor, consistent with Town policies, shall be considered with redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. V. SITE ANALYSIS Address: 303 Gore Creek Drive Units 9 & 10 Legal Description: Lots 9 & 10, Block 5, Vail Village Filing 1 Zoning: Vail Village Townhouse Land Use Plan Designation: Village Master Plan Town of Vail Page 11 Current Land Use: Lot Size: Geological Hazards: Residential 4,670 sq. ft. (0.1072 acres) None Development Allowed /Required Existing Proposed Standard Parking East: Stream Tract (Gore Creek) Outdoor Recreation District Height 38' NA 39'4" ( +1' -4") Front Setback 20' NA 11'7" ( +8' -5") The proposed redevelopment at Lots 9 & 10 has been undergone conceptual review by the Design Review Board, but has not received final approval. At this time, all other development standards will comply with the Town's zoning regulations. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Stream Tract (Gore Creek) Outdoor Recreation District South: Parking (Founder's Park) Parking East: Stream Tract (Gore Creek) Outdoor Recreation District West: Residential (Vail Townhouses) High Density Multi - Family VII. REVIEW CRITERIA Before acting on a variance application, the Planning and Environmental Commission shall consider the following review criteria with respect to the requested variance, as prescribed by Chapter 12 -17, Variances, Vail Town Code. HEIGHT VARIANCE 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant, Christopher Galvin, is proposing to redevelop townhouses 9 & 10 at 303 Gore Creek Drive. The proposed redevelopment will eliminate the two existing units, replacing them with one newly constructed townhouse. The townhouse is proposed to be 39' -4" tall -1' -4" taller than the height limit. The additional height would occur on the north side of the proposed structure, which faces the Gore Creek. Since a physical hardship or extraordinary circumstance has not been identified, Staff finds that approval of a height variance would be a grant of special privilege, and would negatively affect existing or potential uses and structures in the vicinity. Town of Vail Page 12 This criterion is not met. 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, Christopher Galvin, is proposing a structure that would be 39' -4" tall — a variance of V -4 ". The proposed structure would replace units 9 & 10 at 303 Gore Creek Drive. In part because this is a redevelopment and design solutions are possible, Staff does not find there to be a hardship. Denial of a height variance would still treat the subject property in a compatible and uniform manner relative to other sites in the vicinity. Staff finds the granting of a height variance would be a grant of special privilege as the applicant has not demonstrated the presences of a physical hardship or extraordinary circumstance. This criterion is not met. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the proposed height variance to have no negative effect on light and air, distribution of population, transportation and traffic utilities, public facilities and utilities, or public safety in comparison to existing conditions. This criterion is met. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. SETBACK VARIANCE 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant, Christopher Galvin, is proposing to redevelopment townhouses 9 & 10 at 303 Gore Creek Drive. The proposed redevelopment will eliminate the two existing units, replacing them with one newly constructed townhouse. Part of the proposed redevelopment includes a six foot (6') tall wall and fence spanning the lot's entire frontage (43'), which would be located in the front setback. It is apparent in reviewing the topographical survey (Attachment C) that the edge of pavement on Gore Creek Drive does not correspond with the Town -owned right -of- way. The positioning of the Vail Row Houses tends to correspond with the edge of pavement rather than the right -of -way, creating a scenario where front setbacks vary Town of Vail Page 13 in proximity to the front fagade for each townhouse. This situation has the potential for redevelopment to occur in an irregular pattern in terms of alignment relative to neighboring properties. Privacy walls are prevalent at the Vail Row Houses; however, all but one are non - conforming in regards to the front setback regulation. In Staff's correspondence with the applicant's representative, Ryan Wolf, it has been conveyed that there is a perceived hardship from the adjacent traffic circulation pattern, particularly at night when the headlights of turning vehicles shine into the townhouses. While street locations or conditions in the immediate vicinity can be considered a practical hardship, Staff does not find there to be a hardship because the site will be redeveloped and design solutions may be possible. Staff finds the granting of a setback variance would be a grant of special privilege, and would negatively affect existing or potential uses and structures in the vicinity. This criterion is met. 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, Christopher Galvin, is proposing a new structure to replace units 9 & 10 at 303 Gore Creek Drive. As part of the proposed redevelopment, the applicant is asking for relief from Section 12 -6J -6, Setbacks, Vail Town Code to allow for a six foot (6') high wall and fence to encroach 8'5" into the front setback. In regard to redevelopment of the Vail Row Houses, the Vail Village Master Plan states the following: 1. Redevelopment should be consistent with the existing pedestrian- oriented, urban character of Vail Village. 2. All demo /rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. 3. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. 4. Redevelopment to existing buildings will be evaluated on a case -by -case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. 5. Redevelopment shall maintain the existing character of the neighborhood. 6. Privacy fences and walls are discouraged, except to screen trash areas, utility equipment, and other similar items. 7. Landscaping shall be used to soften the visual transition at the street edge. In Staff's correspondence with the applicant's representative, Ryan Wolf, it has been conveyed that there is a perceived hardship from the adjacent traffic circulation pattern, particularly at night when the headlights of turning vehicles shine into the Town of Vail Page 14 townhouses. While street locations or conditions in the immediate vicinity could be considered a practical hardship, Staff does not find there to be a hardship because the site will be redeveloped and design solutions may be possible. Staff finds the granting of a setback variance would be a grant of special privilege. This criterion is not met. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the proposed setback variance to have no negative effect on light and air, distribution of population, transportation and traffic utilities, public facilities and utilities, or public safety in comparison to existing conditions. This criterion is met. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Erickson Shirley, owner of Unit 8 and 303 Gore Creek Drive has voiced his support for this variance request in order to preserve the neighborhood character and mitigate nighttime light pollution from passing vehicles. Dominic Mauriello has submitted a letter in support of the variance request (Attachment D). Mr. Shirley and Mr. Mauriello have relayed to Staff that privacy walls were discussed with and supported by the Town Council and the Planning and Environmental Commission during the process to adopt the Vail Village Townhouse District. Staff has extensively researched the results of all public meeting in this regard, and has found no evidence to support the allowance of privacy walls. The only allowance for walls in the Vail Village Townhouse District is to screen trash areas, utility equipment, and other similar items, as prescribed in the Vail Village Master Plan. VIII. RECOMMENDATION HEIGHT VARIANCE The Community Development Department recommends denial of this request for a variance from Section 12 -6J -7, Height, Vail Town Code pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a new townhouse to exceed the prescribed building height by V -4 ", located at 303 Gore Creek Drive Units 9 & 10 /1-ots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the applicant's failure to demonstrate the presences of a physical hardship or extraordinary circumstance, the criteria outlined in Section VII of this memorandum, and the evidence and testimony presented. Town of Vail Page 15 Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission denies the applicant's request for a variance from Section 12 -6J -7, Height, Vail Town Code pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a new townhouse to exceed the prescribed building height by 1'4", located at 303 Gore Creek Drive Units 9 & 10 /Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated June 8, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Vail Village Townhouse 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. The strict literal interpretation or enforcement of the specified regulation would 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 does not apply generally to other properties in the Vail Village Townhouse District. c. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the Vail Village Townhouse District." SETBACK VARIANCE The Community Development Department recommends denial of this request for a variance from Section 12 -6J -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Town of Vail Page 16 Variances, Vail Town Code, to allow for the construction of a new townhouse with a front setback of 117", located at 303 Gore Creek Drive Units 9 & 10 /Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the applicant's failure to demonstrate the presences of a physical hardship or extraordinary circumstance, the design standards of the Vail Village Master Plan, 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 make the following motion: "The Planning and Environmental Commission denies the applicant's request for a variance from Section 12 -6J -6, Setbacks, Vail Town Code pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a new townhouse with a front setback of 117"; located at 303 Gore Creek Drive Units 9 & 10 /Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated June 8, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Vail Village Townhouse 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. The strict literal interpretation or enforcement of the specified regulation would 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 does not apply generally to other properties in the Vail Village Townhouse District. Town of Vail Page 17 c. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the Vail Village Townhouse District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. Email from Dominic Mauriello, dated May 21, 2015 Town of Vail Page 18 DOUGLAS MILLER DECHANT ARCHITECTS SHEPHERD RESOURCES INC 1 AIA POST OFFICE BOX 1624 AVON COLORADO 8 16 20 T970 949 3302 F970 949 5 12.1 WWW.SRIARCHITECT. COM June 8, 2015 VARIANCE REQUEST " GALVIN RESIDENCE PROJECT # 1408 Planning and Environmental Commission, On behalf of the Owner of 303 Gore Creek Drive #9 & # 10 we would like to request a variance in maximum building height for a portion of the roof of our new residence and a variance to build a 6' tall wall in the front yard setback. Maximum Building Height: Currently, the maximum height for sloping roofs is 38'above historic grade and we would like to request an �� additional 16" to a maximum of 39' -4 ". The regulations forthe Vail Village townhouse district "encourage... redevelopment of existi ng townhouse properties" with an incentive of unlimited GRFA. We would like to take advantage of this incentive while maintaining a similar floor plan layout to what exists for maximum integration of the site and views. This includes respecting the existing street relationship as it relates to the entry level. We have also worked diligently to establish historic grade, which establishes our maximum building height. However, those two items combined provide a limited range to build within that creates challenges to redeveloping the home. Specifically, the challenge is creating enough head height to maximize the floor plate and GRFA on the upper- most level. After much study we have determined we only require the additional 16" along the North side of the property where historic grade is naturally lower due to the fall -off toward the creek. This will allow us to maximize the developable area of our upper -most floor with minimal visual impact. In fact, this additional height would not be perceivable from the street, which is the primary focus of the design guidelines and master plan for this zone district. To specifically respond to the remaining items of concern in the Variance Request application, we do not 11 believe this variance would affect the following: 1) The relationship and impact of use on development objectives of the Town. 2) The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, Galvin Residence Project # 1408 6/8/15 Page I of 2 parks and recreation facilities, and other public facilities and public facilities needs. 3) 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. 6' Wall in Front Yard Setback: The guidelines for the Vail Village townhouse district state that "privacy fences and walls along the street are discouraged except to screen trash areas, utility equipment, and other similar items ". We have received positive support from the Design Review Board to build a 6' tall wall but Town codes limit these types of walls to 3' in height within any required front setback area. We believe this conflicts with the primary goal of the Vail Village townhouse district to "maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area." The majority of the front yard walls in our townhouse complex are 6' tall, so we feel it is appropriate to match these existing conditions. Additionally, if we were unable to build a 6' tall wall it would greatly affect the way we layout our floor plan due to car headlights shining into the street level rooms when they turn down Hanson Ranch Chute onto Gore Creek Drive. Due to the proximity of our property to Hanson Ranch Chute we are particularly impacted by the car headlights. To specifically respond to the remaining items of concern in the Variance Request application, we do not believe this variance would affect the following: I ) The relationship and impact of use on development objectives of the Town. 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 and public facilities needs. 3) 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. We will be receiving letters of support from Dominic Mauriello and Kyle Webb prior to the hearing and will submit those the week of May 18m Thank you for your consideration, Ryan Wolffe, Architect Senior Associate Galvin Residence Project # 1408 6/8/15 Page 2 of 2 r r � w Uw Z ry w D wY0 wo w Q Cn OUP w O� O OU �O J J Z � °� U) J � Q o M' u w U Lo z Q o Q °° > w U z LU U LU zs� G !0 J N 1 a r M -e 0 a 0 ASSUMED OLD MlucRFEK 0 1 V 1 1�g yy� N *rym 1 -3-9>,60 u \ll��l', �I \ �` - €'III, 8e° W ^2• ^� � Iy,I r s II � ii II II ro N I � nag 6K 4 11 i P. i �' �I 11 1 I I tl ., .96'SOI I � d °i o�C x I W I _ F 1 s = I I 11 9' � ^ I m (s.. a > o 6 p d 1' z U j O a i R° J J O O > 2 ASSUMED OLD MlucRFEK 0 1 V 1 1�g yy� N *rym 1 -3-9>,60 u \ll��l', �I \ �` - €'III, 8e° W ^2• ^� � Iy,I r s II � ii II II ro N I � nag 6K 4 11 i P. i �' �I 11 1 I I tl ., .96'SOI I � d °i o�C x I W I _ F 1 s = I I 11 9' � ^ I m (s.. r r � w Nsp� o oar U Z LU t7S p zAd !0 d, 5 > r 1 Q I I U Z o cN o o Z Ad 5 Q uu n � aka i I I i w i i i I 1 r' JJ \Y � r r � w Nsp� o U Z o cN o o Z Ad 5 Q uu n � aka i I I i w i i i I 1 r' JJ \Y � r r � w U Z LU � o zd,� 5 ,i- i r a � 3 r � U LU s{�nu� J r � > 1 oIN olO O N Q r a � 3 r � U LU s{�n� N O N El r a � 3 r � U Lu s !0 Uu.�d J N K 1 >�o8> El r r � I I 1 �o w U Z LU � o z 2� 5 > �o L I I I d. I } � g w to E J 41H � 4 1i1 y I E- —I I —I I -111— I — _ -- -- -1 -I I —I I —III — I - I =1 I 1 I =1 1 ==1 -1I- 1 l 81 I- II —I 1 -1 1 -1I 1- I 1 -1 1 -1I 1- I -I -1 1I —III — - I =1 I =1 1 =1 1 =1 I 1 =11 =11I= I 1 —11 - 1- 1 =1 111 I - I — —II -1 '- 'IILIIIILIIII - II— IIIII111111111 II IIII IIIIIIII�I ;1 III 11 -I 1 I- I1 IIIIIIIII 1= I I I 1 1_..1 111 11 111 � I =1111 1 1 II IIIIII I I I- 1= 1II1111111 =1= I — L I I —I I —III — I — �i 1 - �' 11 I1ll Llii�ii III 11 I � -11- 1= l 1 I - 11 — 11— 1 II -1 1-1 I I- I - -1 I -1 -1 = _II�IIIII LIIIIIIIIIIIIIIII I- I I I lil I _.. -1I I !II(IIII I I �' IIII1 =11I -I _I1 =111 =1 IIIIIIIIIIII1111 II IIII II (IIII III - — — — — - - IF -1 r a � 3 r � U Lu s !0 Uu.� J r K 1 >�o8> E- r a � 3 r � U Lu s !0 Uu.�d J N K 1 >�o8> El r r � U Lu s !0d,Uu J N � >��> 1 El r a � 3 r � U Lu s !0 Uu.�d J r K 1 >�o8> a From: Dominic Mauriello To: Joe Batcheller Cc: Ryan Wolffe; Bert Willemse; Kyle Webb Subject: Galvin Privacy Wall Height Variance - Vail Row Houses Date: Thursday, May 21, 2015 11:02:31 AM Dear PEC members: I am writing to provide a little background and offer my support of the variance being sought by Chris Galvin for a privacy wall at the Vail Rowhouses property. I (along with Kyle Webb) worked on development and master plan applications resulting in the amendments to the Vail Village Master Plan and the creation of the Vail Village Townhouse Zone District from 2009 until 2014, a very long process indeed. There was a lot of discussion about "'privacy walls" during the review process. The term privacy walls is a term of art and was intended to mean taller wall (6' or so). The all out prohibit of these walls was not included in the WMP but rather lighter language was used such that they be "discouraged." During the process there was a recognition that some properties may require or benefit from a taller wall due to impacts such as vehicle headlights while cars and trucks travel on the road connection from Hanson Ranch Road to Gore Creek Drive. I believe everyone recognized that some of these Vail Rowhouses properties were affected more than others, such as the Galvin properties. In the case of the Galvin's application, I believe the property suffers from a unique circumstance and a variance is necessary so that the Galvin's can have the same enjoyment or equal treatment of their property that others enjoy in the district without those impacts. Thanks, Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970- 376 -3318 cell www.mp- vail.com 1011i► IKIIAT1:11N Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 8, 2015 SUBJECT: A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group Planner: George Ruther I. SUMMARY The applicant, Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group, is requesting the review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Hotel Owner ESHV LLC, is partnering with GE Johnson, the contractor selected to complete the construction of the proposed improvements to the West Wing at the Vail Valley Medical Center. The applicant is requesting approval of a conditional use permit to allow for the temporary use of the property located at 1783 North Frontage According to the applicant's proposal, the terms for the use of the site for parking are as follows: • No new paved area shall be added to the site. • Only existing paved portions of the site shall be used for vehicle parking. • The site shall be used for vehicle parking for a two -year period effective upon the date of the final approval of the conditional use permit application, or when construction commences on the subject site. • The paved portions of the site shall be restored in accordance with the approved site revegetation plan • No construction material or equipment storage of any kind shall be allowed on site. • Private vans and /or shuttle buses will be used to transport employees to the construction site. • The existing site fencing shall be removed. According to the Official Zoning Map of the Town of Vail, the subject site is zoned Public Accommodation 2 (PA -2) and "public or commercial parking facilities or structures" are an allowed conditional use in the District, subject to the issuance of a conditional use permit. A copy of the applicant's request has been attached for reference (Attachment A). III. BACKGROUND The Roost Lodge was demolished in anticipation of the development of the Vail Marriott Residence Inn. Construction of the Vail Marriott Residence Inn is currently on hold. Prior to the issuance of the demolition permit for the Roost Lodge, the developer was required to submit a restoration and revegetation plan to the Town of Vail Community Development Department for review and approval. The developer was also required to remit a cash deposit in the amount of 125% of the estimated cost of completing the restoration and revegetation work identified on the approved plan. The purpose of the plan and cash deposit was to ensure financial surety existed should the developer fail to complete the improvements as approved. The developer of the Vail Hotel Owner ESHV, LLC has informed the Town of Vail Community Development Department that they do not intend to start construction of the new Vail Marriott Residence Inn at this time. As such, they intend to restore the site as previously agreed. IV. APPLICABLE PLANNING DOCUMENTS CHAPTER 12 -16: CONDITIONAL USE PERMITS (in part) SECTION 12 -16 -1. PURPOSE; LIMITATIONS. In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review 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 Town of Vail Page 2 V. VI compatibility and harmonious development between conditional uses and surrounding properties in 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 insure that the location and operation of the conditional uses will be in accordance with the 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. SITE ANALYSIS Existing Zoning: Public Accommodation -2 (PA -2) Zone District Existing Land Use Designation: Public /Semi - Public Mapped Geological Hazards: None SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA Zoning District Two Family Residential N/A N/A Residential Cluster 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. Staff finds the conditional use permit request is consistent with the development objectives of the Town of Vail. Specifically, the conditional use permit addresses a long standing priority of the Town to grow and expand vehicle parking opportunities to meet the growing demands of the community. This request, being temporary in nature, addresses the short term increase in parking demand created as a result of the VVMC West Wing Expansion construction activity. In doing so, this short increase in demand will not negatively impact the availability or use of other public parking structures or spaces intended to meet the needs of our visiting guests and year round residents. Staff finds that the proposed conditional use permit request to provide temporary parking: • meets the intended purpose of the conditional use permit, • is harmonious with the surrounding uses and ensures adequate light, air, and open space, • is compatible and harmonious with the surrounding properties and the Town at large, Town of Vail Page 3 Existing Use North: Medium Density Residential East: Government Use South: CDOT /1 -70 ROW West: Medium Density Residential VII. REVIEW CRITERIA Zoning District Two Family Residential N/A N/A Residential Cluster 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. Staff finds the conditional use permit request is consistent with the development objectives of the Town of Vail. Specifically, the conditional use permit addresses a long standing priority of the Town to grow and expand vehicle parking opportunities to meet the growing demands of the community. This request, being temporary in nature, addresses the short term increase in parking demand created as a result of the VVMC West Wing Expansion construction activity. In doing so, this short increase in demand will not negatively impact the availability or use of other public parking structures or spaces intended to meet the needs of our visiting guests and year round residents. Staff finds that the proposed conditional use permit request to provide temporary parking: • meets the intended purpose of the conditional use permit, • is harmonious with the surrounding uses and ensures adequate light, air, and open space, • is compatible and harmonious with the surrounding properties and the Town at large, Town of Vail Page 3 furthers the development objectives of the Town. 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. The proposed conditional use permit will have a positive effect upon transportation facilities and other public needs in the Town. An approval of the temporary use of the site for vehicle parking ensures that at a minimum of 30 -40 public parking spaces located elsewhere in Town remain available for their intended purpose. Further, it promotes and further enhances the optimum utilization of land area devoted to vehicle parking uses. Additionally, staff believes that, with the adoption of appropriate conditions and terms, this use is not only compatible with adjacent and surrounding uses, it can contribute positively to the overall parking and transportation systems within the Town of Vail. 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 finds the proposed conditional use permit will have a positive effect on the existing traffic circulation pattern. Access to the temporary parking spaces will be through existing driveway access locations on the North Frontage Road. The use of this site will further reduce the number of vehicles into and through the Town's Main Vail Roundabout. This is especially important during those periods of the year when traffic flow and congestion is the greatest. Further, approval of this temporary use ensures that the Town's ROW will remain available for its intended purposes and not be negatively impacted by construction vehicle parking. 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 finds the proposed conditional use permit will have no significant impact on the character of surrounding area. Only those areas previously used for parking of vehicles will be used for temporary parking in the future. No new outdoor lighting or other changes will be made to the existing parking areas. Staff finds this criterion to be met. VIII. RECOMMENDATION Town of Vail Page 4 The Community Development Department recommends the Planning and Environmental Commission approve, with conditions, the conditional use permit, to establish, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves, with conditions, this request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto." (PEC 150018) 1. This conditional use permit approval is contingent upon the following revisions to the applicant's terms of use submit with the proposal. • No new paved area shall be added to the site. • Only the paved portions of the site shall be used for vehicle parking. All other areas shall be restored by no later than June 30, 2015. • The site shall only be used for vehicle parking for a two -year period effective upon the date of the final approval of the conditional use permit application, or when approved construction commences on the subject site, whichever comes first. • The paved portions of the site shall be restored in accordance with the approved site revegetation plan within 30 days of the expiration of the conditional use permit approval. • The developer shall maintain a cash deposit with the Town of Vail in an amount not less than 125% of the cost of removing all the asphalt from the site and restoring the site with vegetation. • No construction material or equipment storage of any kind shall be allowed on site. • Private vans and /or shuttle buses will be used to transport employees to the construction site. • The existing site fencing shall be removed prior to June 30, 2015. • No overnight parking of private vehicles shall be permitted on the site. Vehicles used for the purpose of shuttling employees are allowed to be parked overnight. • The parking areas shall be delineated to identify where vehicle parking is permitted and where it is prohibited. • The easternmost current access driveway shall be eliminated and restored by no later than June 30, 2015. Town of Vail Page 5 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 Vll of the Staff memorandum to the Planning and Environmental Commission dated April 27, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Public Accommodation — 2 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." IX. ATTACHMENTS A. Applicant's Request Town of Vail Page 6 TON OF VAI� Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Conditional Use Permit Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are 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. The pro- posed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if construction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $650 Description of the Request: Use of Roost / Vail Marriott Res Inn site as temporary parking Physical Address: 1783 N. Frontage Rd West Parcel Number: 2103- 123 -02 -001 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Vail Hotel Owner ESHV LLC (Peter Dumon) Mailing Address: 601 Oakmont Ln Suite 420 Westmont, IL 60559 -5557 Phone: 630 - 366 -2010 Owner's Signature: �� (for owner, see attached email) Primary Contact/ Owner Representative: Dominic Mauriello, MPG Mailing Address: PO Box 4777 Eagle, CO 81631 E -Mail: dominic @mpgvail.com For Office Use Only: Cash CC: Visa / MC Last 4 CC # Fee Paid: Meeting Date: 6/8/15 Planner: Zoning Phone: 970- 376 -3318 Fax: Exp. Date: Auth # Check # Received From: PEC No.: PEC150018 Project No: Land Use: PRJ15 -0240 Location of the Proposal: Lot: 9 -12 Block: Subdivision: Buffehr Creek Resubdivision RECEIVED By Shelley Bellm at 9:06 am, May 20, 2015 CSTMiN! From: Peter G. Dumon pgdumon @theharpgroup.com Subject: Vail site Date: May 19, 2015 at 1:33 PM To: Dominic Mauriello dominic@mpgvail.com, Allison Kent allison @mpgvail.com Dear George Ruther: As the representative of the ownership of Lots 9 -12, Buffer Creek Subdivision (Marriott Residence) we authorize Mauriello Planning Group, LLC to sign a Conditional Use Permit application on our behalf. Best Regards, Peter Dumon Sent from my Thone Mobile 630- 334 -4236 Office 630 -366 -2010 TOWN OF VAIL 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 June 8, 2015 at 1:00 pm in the Town of Vail Municipal Building. Report to the Planning and Environmental Commission of an administrative action approving a request of a minor amendment to SDD No. 2, Northwoods, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to amend setbacks by less than 5 feet and increase site coverage to facilitate a spa remodel, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) Applicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 5- 12 -8E, Exemption, Vail Town Code, to allow for a 24- month exemption located 2014 West Gore Creek Drive (Hamlet Chalet) /Lots 41-43, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, represented by BOLD Planner: Kristen Bertuglia A request for a final review of a variance from Sections 12 -6J-6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall within the front setback area, and to allow for roof height to exceed the maximum thirty eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /Lot 9, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek pSubdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group Planner: George Ruther The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development 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 request, with 24 -hour notification. Please call 970- 479 -2356, Telephone for the Hearing Impaired, for information. Published May 22, 2015 in the Vail Daily. Conditional Use Permit for Construction Parking at 1783 N. Frontage Road West W ar d jyp yam,} 1'� r w V s � � 4 p .. •�� 111 1 �Sd; PIC'=E :: �� Q '✓ � t yy n w Parcel No. 2103-123-02-001 Submitted: May 20, 2015 u I ael Mauriello Planning Group Introduction Early in the spring of 2015, the Roost Lodge was demolished in anticipation of the construction of the Vail Marriott Residence Inn (VMRI), located at 1783 N. Frontage Road West / Lots 9 -12, Buffer Creek Resubdivision. However, the VMRI project is not currently moving forward for at least another year or two. Other large projects, such as the Vail Valley Medical Center (VVMC) and Strata Vail, are moving forward, and this site provides an opportunity for temporary construction parking. The owner of the VMRI site, Vail Hotel Owner ESHV LLC, is partnering with GE Johnson who will be constructing the improvements at the VVMC, to allow for construction parking on the site. Construction projects, particularly in the Vail Village and Lionshead, provide a construction parking challenge and the use of this site will alleviate the impacts on these areas of town. The site is zoned Public Accommodation 2 and "public or commercial parking facilities or structures" is listed as a Conditional Use in this zone district. When the Roost Lodge was demolished, the pavement for a significant area of the parking lot remained. The area of the pavement allows for approximately 40 cars to be parked on site. No construction material staging will occur on the property. Vans and/or shuttle buses will be used to transport employees to other construction sites. The existing site fencing will be removed. The proposed plan is provided below for reference: 2 Mry ✓i _ -- \ ' Ill/ � � \ W .j Q Kwr O zg .4* -9. ASPHALT TO BE REMOVE � �> wa - _ J - - - OOMPNC DMIWN66 NT ACCESS CURRENT ACCESS _ _ - - - - - CURRENT Dig S ANorrion 11-- wm�c.oxxrn k Nre.nrxNku IA wwx ounvxoxaxv ' dw�xx�xox,v,a �oxtxo�� (��CoN�anORMPARKMING AND PLA D O O D A1.3 2 The Conditional Use Permit is proposed to expire after two years, or when construction commences on the subject site. If development of the Vail Marriott Residence Inn does not commence following the expiration of the permit, the site will be restored in accordance with the approved restoration plan or an extension will be pursued. All unpaved areas of the site where demolition occurred will be restored as part of this application. The revegetation plan is provided below for reference: 3 Z z U jr I- W Q to H h Kam, UOG Z. Z z OOP 21'�' - - - -- rnoII __£ Di lsw O gRE'VEGETATION PLAN ` - D O_ 0 , A1.3 3 Conditional Use Permit - Review Criteria A. Relationship and impact of the use on development objectives of the town. Our Analysis: Parking is often identified as one of the highest priorities of the Town of Vail. As the public parking structures have been filling up in both winter and summer months, and parking has spilled onto the Frontage Road, a frustration of public officials has been the underutilization of private parking spaces within the Town. The Town even recently amended the Vail Village Master Plan to add a key action step into the plan: Review Chapter 10, Off - Street Parking and Loading, Title 12, Zoning Regulations, to identify additional opportunities to further enhance the maximum utilization of private parking spaces within the master plan study area. While this particular action step is identified for Vail Village, it is applicable in all areas of Town. Furthermore, the Vail Land Use Plan states the following: 2.8. Day skier needs for parking and access should be accommodated through creative solutions such as: a. Increase busing from out of town. b. Expanded points of access to the mountain by adding additional base portals. c. Continuing to provide temporary surface parking. d. Addition of structured parking. This proposal reduces the construction parking demand on the public parking facilities, freeing up spaces for other users. This proposal will significantly reduce the number of workers potentially parking in both the Vail Village and Lionshead parking structures. The use is temporary in nature and the requested conditional use permit would expire in two years. B. 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. Our Analysis: The proposed uses will have little, if any, negative impact on the above - described criteria. The use of the site as a parking facility is not likely to significantly effect the distribution of population, negatively impact schools, utilities, parks, etc., or put a strain on existing public facilities. Greater utilization of these parking spaces will 4 positively impact public parking facilities and minimize construction parking impacts to both the Vail Village and Lionshead neighborhoods. C. 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. Our Analysis: The purpose of using the VMRI site for temporary parking of construction employees is to minimize traffic impacts to other areas of town, such as Vail Village and Lionshead. In addition, the use of shuttles will reduce the impacts to the already limited supply of parking at the Vail Village and Lionshead parking structures. There is adequate capacity on the N. Frontage Road to accommodate the traffic associated with this temporary parking lot in light of the demolishing of the Roost Lodge, which was a 72 room hotel. The two existing access points will be maintained and there is more than adequate room for snow removal and storage on the site. D. 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. Our Analysis: The proposed parking lot will have no impact on the above criteria, as there are no buildings associated with this proposal and the use is temporary. 5 Adjacent List BUFFER CREEK CONDOMINIUM ASSOCIATION, INC. BEMIS, GREGORY 1860 MEADOW RIDGE ROAD UNIT 8, PO BOX 3438 VAIL, CO 81658 VAIL, CO 81658 TONKIN, ADAM D. & ALYSON L. CAPSTONE TOWNHOUSE ASSOCIATION 1920 S GILPIN ST VISTAR REAL ESTATE DENVER, CO 80210 -3308 635 N FRONTAGE RD STE 3, VAIL, CO 81657 MARKA W. MOSER BOX 902 GRAND TRAVERSE AT VAIL ASSOCIATION VAIL, CO 81658 1412A MORAINE DR VAIL, CO 81657 FARQUHAR, JERRY L. & DEBORAH R. 1879 MEADOW RIDGE RD GRAND TRAVERSE AT VAIL ASSOCIATION VAIL, CO 81657 KAREN NULLE & ASSOCIATES P.O. BOX 839, SEOANE, JENNIFER EDWARDS, CO 81632 2424 W CAITHNESS PL APT 410 DENVER, CO 80211 -3782 LAVIN, LOUISE MILLER 2166 RIDGEWOOD RD GUERRIERO, RANDALL AKRON, OH 44313 1859 MEADOW RIDGE RD UNIT C VAIL, CO 81657 -3905 K. DAVID FITE TRUST - ETAL 17 MOCKINGBIRD LN MERRIMAN, DANNY C., JANE M. & ADAM G. ENGLEWOOD, CO 80113 -4813 1859 MEADOW RIDGE RD A VAIL, CO 81657 -3905 WILLARD, SCOTT E. - REAP, MARILYN R. 17 WHITE OAK LN ERB, WENDY ELAINE WESTON, CT 06883 -1527 1819 MEADOW RIDGE RD G VAIL, CO 81657 TOWN OF VAIL 75 S FRONTAGE RD W GUNION, JOHN E & MARGARET M.A. - ETAL VAIL, CO 81657 -5096 1819 MEADOW RIDGE RD E VAIL, CO 81657 HELMUT REISS TRUST 1401 LAVENDER LN TURNIPSEED, JASON & COLETTE LAGUNA BEACH, CA 92651 591 S UNVERSITY BLVD DENVER, CO 80209 HAGERMAN, PHILIP R. & JOCELYN K. 15171 PINEWOOD TRL PICKING, HOWARD M., III & ADELLE C. LINDEN, MI 48451 -9058 100 LONGVIEW LN JOHNSTOWN, PA 15905 CDOT 4201 E. ARKANSAS AVENUE CARNEY, JOHN M. DENVER, CO 80222 2001 CROCKER RD STE 420 WESTLAKE, OH 44145 -6967 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 4777 KARP, KAREN L. EAGLE, CO 81631 PO BOX 2174 VAIL, CO 81658 YARDE, CRAIG 1895 MEADOW RIDGE RD MEADOWRIDGE A LLC VAIL, CO 81657 -4948 1434 SARRIA AVE MIAMI, FL 33146 -1053 ....... . .. ? < gimme L59L8 OaVNOIOJ'IIVA p a M WON 30VIN011A 'N £8L L �„ a NNI 3DN3aIS3N HOI RIbW IIVA J�g o o 0 I o + a o I �e I I I of �w � I oll I I i I e 9 ps Aft I ....... . .. ? < gimme L5919 OaVNOIOJ'IIVA p a M WON 30VIN011A 'N £8L L �„ a NNI 3DN3(IIS3N HOI RIbW 11VA J�g o o 0 I o II o rz� I o o z Zz uGaoN mnd a z li I oFQ �o I awe > I ae� o w O I O - U¢_ c O R[a m ®$ a of / m I O {8 o Q I — a o I o + I � x o - I e o 0 � ZI U) U LU U U .es9 4 �e � � Q � I N I I �Na it 9 IfIl �ilh VA IL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com May 21, 2015 Town of Vail Planning and Environmental Commission Northwoods Condominium Association 600 Vail Valley Drive, Building B Vail, CO 81657 Bill Pierce Pierce Architects 1650 Fallridge Road, Suite C -1 Vail, CO 81657 Adjacent Property Owners: Community Development Department 970.479.2138 Re: Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No.2, Northwoods Development, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to increase site coverage and common floor area to facilitate a new indoor spa, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) Applicant: Northwoods Condominium Association, represented by Bill Pierce, Pierce Architects Planner: Joe Batcheller Dear PEC members, Mr. Pierce, members of the Northwoods Condominium Association, and adjacent property owners: The purpose of this letter is to inform you that Town of Vail Staff has approved, with conditions, a minor amendment to Special Development District No.2, Northwoods Development. The applicant is proposing to expand the hot tub /spa area and expand the west entrance lobby to Building B —areas considered to be common elements to Building B. The proposed expansion will allow for a 190 square foot boot drying room and better internal circulation in the spa. The building fagade which is a curved, glass atrium will be squared off with a new glass, overhead door. All other proposed building materials will match that which has already been approved by the Design Review Board for the campus -wide remodel. Above the expanded spa will be a terrace. The attached plans, dated April 20, 2015, highlight changes to the fagade. Additional plans are on file at the Department of Community Development. There will be subsequent Design Review applications and approvals required to affect the request found in this proposal. Staff finds that approval of this minor amendment request meets the criteria in Section 12 -9A -8, Vail Town Code. The amendment does not alter the basic intent and character of Special Development District No.2, Northwoods Development. The proposal calls for a slight increase in site coverage, but will not alter the character or basic intent of the SDD. The amendment will continue to be compatible with the neighborhood and other uses. There is no impact to any landscaping or natural features. Traffic will not be impacted. There is no change in the total number of condominiums, no addition in the amount of allowable gross residential floor area. The exterior change associated with this proposal requires Design Review Board approval and building permit review for compliance with all Town standards and requirements. Staff's approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, June 8, 2015, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this staff decision for additional review at this hearing. Pursuant to Section 12- 9A -10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within Special Development District No.2, the applicant, Planning and Environmental Commission members, or members of the Town Council as outlined in Section 12 -3 -3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to contact me at 970 - 479 -2440. Best regards, Joe Batcheller Planner I Attachment: Approved isometric plan A3.07 & A3.07E, dated 4/20/15 Town of Vail Page 2 au#io3mad L99 L8 OPeJO100 '118A C, GAIJCI AGIleA IleA 009 m W Juawpuawv (](]S 0 < CY) o 0 Of GOUeSSIeUGy SPOOAAq:P ON Vo- z z 0 co z 0 co W LL W I-- > 0 z z 0 LU —i LU r') (Y) r') LU U) 0 n 0 ry n (D z 0 0 U5 8 C) 6 C) C) =1 I-- co d C) 6 C) C) D 1-- z :5 w w C) af w I - z w > w z I-- 0 :5 0 Vo- z z 0 co z 0 co W LL W I-- > 0 z z 0 LU —i LU r') (Y) r') LU U) 0 n 0 ry n zen#iOarOad w L99LS opeJO100'I1eA tPo t� ✓� ��e O v antra RalleA Iles 009 O Juawpuawv aaS :f Xo co „o SalIluaWV 8 '6PI9 - Spoonnu:PON �! �� LL 6 wm Q w z O w O O z w z O z w :E O d n > z U p w p w F O 0 O p a ww w O> z� x F O z z O Q w J W M Z_ H U) X w TOWN OF VAIL i 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 June 8, 2015 at 1:00 pm in the Town of Vail Municipal Building. Report to the Planning and Environmental Commission of an administrative action approving a request of a minor amendment to SDD No. 2, Northwoods, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to amend setbacks by less than 5 feet and increase site coverage to facilitate a spa remodel, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) Applicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 5- 12 -8E, Exemption, Vail Town Code, to allow for a 24- month exemption located 2014 West Gore Creek Drive (Hamlet Chalet) /Lots 41 -43, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, represented by BOLD Planner: Kristen Bertuglia A request for a final review of a variance from Sections 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall within the front setback area, and to allow for roof height to exceed the maximum thirty eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /1-ot 9, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group Planner: George Ruther The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development 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 request, with 24 -hour notification. Please call 970- 479 -2356, Telephone for the Hearing Impaired, for information. Published May 22, 2015 in the Vail Daily Ad Name: 11249270D 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 I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 6/5/2015 and that the last publication of said notice was dated 6/5/2015 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 06/05/2015. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 06/05/2015. � 2M 4,& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ My Commission Expires 11/0112015 PLANNING AND ENVIRONMENTAL COMMISSION June 8, 2015 at 1:00pm TOWN COUNCIL CHAMERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERSPRESENT MEMBERSABSENT Legal Training - Matt Mire Site Visit: 1.Galvin Residence - 303 Gore Creek Drive 2.Cascade - 1310 Westhaven Dnve 3.Roost Lodge - 1783 North Frontage Road 30 minutes 1.A request for a final recommendation to the Vail Town Council of a major amendment to Special Devel- opment Distnct No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of one dwelling unit to an employee housing unit within the approved Vail Cascade Residences development and a request for an extension of its approval period for an additional three (3) years , located at 1310 Westhaven Drive /Cascade Village, and setting forth details in regard thereto. (PEC150014) Applicant: Ultimate Cascade LLC, represented by Maunello Planning Group Planner: Jonathan Spence ACTION: MOTION: SECOND:VOTE: CONDITION(S): 30 minutes 2.A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, Vail Town Code, pursuant to Section 5- 12 -8E, Exemption, Vail Town Code, to allow for a 24 -month exemption located 2014 West Gore Creek Drive (Hamlet Chalet) /Lots 41 -43, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, represented by BOLD Property Management Planner: Kristen Bertuglia ACTION: MOTION: SECOND:VOTE: CONDITION(S): 45 minutes 3.A request for a final review of a variance from Sections 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall within the front setback area, and to allow for roof height to exceed the maximum thirty eight feet (38'), located at 303 Gore Creek Drive Units 9 & 10 /Lot 9, Block 5, Vail Village Filing 1, and setting forth details in re- Bard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller ACTION: MOTION: SECOND:VOTE: CONDITION(S): 20 minutes 4.A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represented by Maunello Planning Group Planner: George Ru ther ACTION: MOTION: SECOND:VOTE: CONDITION(S): 5 minutes 5. Report to the Planning and Environmental Commission of an administrative action approving a request of a minor amendment to SD No. 2, Northwoods, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to amend setbacks by less than 5 feet and increase site coverage to facilitate a spa remodel, located at 600 Vail Valley Drive, Building B/ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC150015) AApplicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller ACTION: MOTION: SECOND:VOTE: CONDITION(S): 6.A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Detailed Plan Recommendations for the Evergreen Lodge at Vail, located at 250 South Frontage Road West /Lot 2W, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC140044) Applicant: Evergreen Lodge at Vail, represented by Maunello Planning Group Planner: George Ruther ACTION: Table to August 10, 2015 MOTION: SECOND:VOTE: 7.A request for a recommendation to the Vail Town Council on a major amendment to Special Development Distnct No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive /Unplatted, (Liftside /Comerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Table to July 13, 2015 MOTION: SECOND:VOTE: 8.A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to amend the approved development plan for the private school to establish the appropriate dimensional standards for a proposed employee housing unit Headmasters House), a permitted use in the General Use (GU) Zone District, located at 3000 Booth Fal s Road /Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC150011) Applicant: Vail Mountain School, represented by Maunello Planning Group Planner: Jonathan Spence ACTION: Table to August 10, 2015 MOTION: SECOND:VOTE: 9.A request for a final review of a variance from Section 12 -6D -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for the construction of a garage within the front setback within the Two - Family Pnmary/Secondary Residential zone distract, located at 1755 West Gore Creek Drive /Lot 6, Vail Village West Filing 2, and setting forth details in regard thereto (PEC150013). Applicant: Hill Run Limited, represented by Beth Levine Architect Planner: Joe Batcheller ACTION: Withdrawn 10.Approval of May 11, 2015 minutes MOTION: SECOND: VOTE: 11.Information Update Stream Set -back Discussion - Feasibility of increasing stream set -back - Mery Lapin 12.Adjoumment 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 June 5, 2015 in the Vail Daily. (11249270) Ad Name: 11207852A THIS ITEM MAY AFFECT YOUR PROPERTY I PUBLIC NOTICE Customer: TOWN OF VAIL /PLAN DEPT /COMM NOTICE IS HEREBY GIVEN that the Planning and Your account number is- 1 OP2P 33 Environmental Commission of the Town of Vail will hold a public hearing in accordance with section Vail Daily Daily 12 -3 -6, Vail Town Code, on June 8, 2015 at 1:00 pm in the Town of Vail Municipal Building. representative ofthe Vail Daily. That the same Daily newspaper to the Planning and Environmental Com- mission of an administrative action approving a re- PROOF OF PUBLICATION quest a minor amendment to No. 2, North - woods, , pursuant to Section 12- 9A -1A-1 0, Amendment of Ea le State of Colorado d h eneral circulation g , ora , an as a g Procedures, Vail Town Code, to allow for modifica- therein; that said newspaper has been published continuously tions to the approved development plans to amend STATE OF COLORADO } setbacks by less than 5 feet and increase site cov- erage to facilitate a spa remodel, located at 600 more than fifty -two consecutive weeks next prior to the first Vail Valley Drive, Building B/ Tract B, Vail Village 1 ss Filing 7, and setting forth details in regard thereto. I (PEC150015) COUNTY OF EAGLE } Applicant: Northwoods Condominium Association, represented by Pierce Architects Planner: Joe Batcheller I, Don Rogers, do solemnly swear that I am a qualified A request for a review of an exemption request from Title 5, Chapter 12, Recycling Requirements, representative ofthe Vail Daily. That the same Daily newspaper Vail Town Code, pursuant to Section 5- 12 -8E, Ex- emption, Vail Town Code, to allow for a 24 -month exemption located 2014 West Gore Creek Drive printed in whole or in part and published in the County (Hamlet Chalet) /Lots 41 -43, Vail Village West Fil- of Ea le State of Colorado d h eneral circulation g , ora , an as a g ing 2, and setting forth details in regard thereto. (PEC150016) Applicant: Hamlet Homeowners Association, repre- therein; that said newspaper has been published continuously sented by BOLD Planner: Kristen Bertuglia and uninterruptedly in said County of Eagle for a period of A request for a final review of a variance from Sec- more than fifty -two consecutive weeks next prior to the first tions 12 -6J -6, Setbacks, and 12 -6J -7, Height, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a six foot high wall Ppublication of the annexed legal notice or advertisement and g within the front setback area, and to allow for roof that said newspaper has published the requested legal notice height to exceed the maximum thirty eight feet located at 303 Gore Creek Drive Units 9 & f O/L ot 9, Blocks, Vail Village Filing 1, and setting and advertisement as requested. forth details in regard thereto. (PEC150017) Applicant: Christopher Galvin, represented by Shepherd Resources Planner: Joe Batcheller The Vail Daily is an accepted legal advertising medium, A request for review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional Uses, only for jurisdictions operating under Colorado's Home Vail Town Code, to allow for the development of public or commercial parking facilities or structures (parking lot) located at 1783 North Frontage Road Rule provision. West, Lots 9 -12 Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC150018) Applicant: Vail Hotel Owner ESHV LLC, represent - That the annexed legal notice or advertisement was ed by Mauriello Planning Group Planner: George Ruther published in the regular and entire issue of every The applications and information about the propos- number of said daily for the period of I als are available for public inspection during office y h hours at the Town of Vail Community Develop- ment Department, at South Frontage Road. The consecutive insertions; and that the first p public is invited to attend site visits. Please call notice was in the issue of said newspaper dated 5/22/2015 and 970- 479 -2138 for additional information. Sign language interpretation is available upon re- that the last publication of said notice was dated 5/22/2015 in quest, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Im- the issue of said newspaper. paired, for information. Published May 22, 2015 in the Vail Daily. (11207852) In witness whereof, I have here unto set my hand this day, 05/26/2015. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 05/26/2015. � 2M 4,& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ My Commismn Expires 11/0112015