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HomeMy WebLinkAbout2015-1228 PECTOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION December 28, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order — Members present Brian Gillette, Webb Martin, John Rediker, Henry Pratt Ludwig Kurz, John Ryan Lockman Members Absent: Kirk Hansen Swearing -In New PEC Member Ludwig Kurz by Patty McKenny, Town Clerk Poll of Board to see if the site visit on the work session (#4) is necessary. The board decided that a site visit is not needed. 2. A request for a minor amendment to SDD No. 4, Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code to allow for converting an indoor tennis court into parking, located at 1295 Westhaven Drive/Lot 48, Glen Lyon Subdivision, and setting forth details in regard thereto (PEC150035). Applicant: L -O Westhaven, Inc., represented by Mauriello Planning Group Planner: Chris Neubecker Action: Table to January 11, 2016 Motion: Rediker Second: Kurz Vote: 5-0-1 Pratt recused 3. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) Applicant: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence Spence: Applicants have worked with their neighbor on a revised site plan layout. Seats will only be in front of the restaurant in winter, in summer it would be similar to the layout from two weeks ago. Lockman: Asked to see the location of the ski racks. Planner Spence showed the revised plans, including a winter layout and summer layout. Pratt asked about the location of the trash elevator. Spence: Per the agreement, the railings must be removed each evening to provide access to the trash elevator. Rediker: Will there be planters, or will this be like Mountain Standard? Spence: The same railing as Big Bear, with planters. Rediker: Do they need to replace pavers if the railings and business go away? Spence: Yes, per the Revocable ROW Agreement. Rediker: Do they need to keep the area free of snow? Martin: What is above this space? Is there potential for falling snow? Spence: This is a pedestrian area now. We are not aware of any snow shedding problems in this area. Rob Glucksman: I represent the ownership group on this application. The situation with the adjacent tenant has been taken care of. Lockman: Is there anything in writing from the neighboring business stating they approve of this design? Spence: No, but the application went through the HOA. Rediker: On the six criteria in the Code, and as the staff memo indicates, I think the criteria are met. Martin: It meets the criteria of the Vail Village Master Plan. This is good for the village. Pratt: Does this Conditional Use sunset or expire? Spence: No, but as a Conditional Use the Board can review this permit at any time. Action: Approve Motion: Rediker Second: Lockman Vote: 6-0-0 4. A request for a work session with the Planning and Environmental Commission to discuss properties in the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District that were annexed into the Town of Vail with two dwelling units but are now nonconforming uses due to lot size requirements. — 90 min. Planner: Jonathan Spence Spence: This work session is not intended to discuss the minimum lot size for the zone districts. There are 34 duplex properties in Town, annexed after they were platted and constructed in Eagle County. All currently have 2 units, and are on lots less than 14,000 sq. ft. As a result, they are legal, nonconforming and no GRFA can be added to the properties, even if the code calculations allow more GRFA. Premise of nonconforming is that they will eventually go away due to redevelopment. In all practical senses, these uses will not go away. In the past we have allowed 250 sq. ft. additions. As a result of separate ownership and improvements made over time, the possibility of them going away is unlikely. This would create a hardship for these properties. The lots are dispersed in northwest Vail, southwest Vail and a few in East Vail. Sizes range from 8,000 sq. ft. to almost 14,000 sq. ft. We are looking at all these properties as a whole. Goal of this meeting is as stated in the memo. Page 9 shows some of the possible consequences of taking action or no action. Several members of the public are here today, as well as Tom Braun, representing a particular applicant. Gillette: If one the properties burned to the ground, would it need to be developed per the town code? Spence: Code allows rebuilding for replacement in case of fire or total loss, but to the same dimensions. But voluntary redevelopment would require rebuilding as a single family home, not two units. Gillette: If the lot size allows greater GRFA, we would not allow the GRFA to be used, is that right? Martin: In the past, have properties come forward for a variance? Spence: No. Some ways to come into conformance would be to convert two units into one, or deed restricting one of the two residential units as an EHU (Employee Housing Unit). Rediker: Is there no other legal avenue, except to modify the Town Code? Spence: That is true; but a variance is not the right way to go forward, since you would have to argue against the Town Code. Rediker: How did you determine the 34 lots? Spence: Through Town's GIS system. Rediker: Is the Town looking to eliminate Section 12-18-2, or write some other exemption? Spence: More to the latter. We would likely keep Section 12-18-2 in some form. Gillette: Are you suggesting that we allow GRFA based on a larger lot? Spence: No. Gillett: But allow them to use the GRFA? Spence: Yes. Gillette: How would you do this? Create another zone district? Spence: We would like to discuss this with the Town Attorney. We want to make these 34 lots legal. Gillette: Are these in the Primary Secondary lots or Two Family / Duplex? Would you change the zoning? Spence: We see no reason to change the zone district. Pratt: You mentioned that there used to be a 250 sq. ft. addition allowed. Do you know how many of these lots took advance of that allotment? Spence: No Gillette: Would you reset the 250 allotment? Spence: There are some examples of one side of the duplex that took advantage of the 250 conversions, and the other side cannot now do the same. If a 250 was used will not effect the allowable GRFA for the lot. Rediker: What happens if there is one lot that is subdivided? Spence: The zoning code considers the subject lot as one lot for calculating site coverage and G F RA. Martin: Are any lots outside the Transfer Tax boundary? Spence: All are located inside the Town of Vail boundary Public Comment Gene Grace, 1905 West Gore Creek Drive: Purchased our home about a year ago. We have safety issues on our stairs. They do not meet code. We need to push out a wall to rebuild the stairwell. We met with Jonathan a few times. We would be nonconforming to fix the stairwells. There are also longer term issues such as parking. We have to back our car into the street. Garages are very small. We looked at changing the garage entrance. We want to improve the safety and livability and bring up to compliance with Town Code Ken Bridges, Architect: Structure we're working on, there are no options. Dilapidated stairwell is covered and counts as GRFA. If it was a single family home, we could double the GRFA. We want to make it more livable. It would be good for Town and my clients. Any changes to code would help. Tom Braun, representing Mr. and Mrs. Grace: My clients have available GRFA that they can't use. Started working with the Graces in the fall. We knew there were some issues. We knew that the units were not conforming to minimum lot size. I was floored when Jonathan said we could not use the GRFA. Every code has a nonconforming section. Regulations change, that's why you have nonconforming sections of the code. Some codes are strict and have amortization requirements. Can't increase discrepancy; only have to address issues related to the change or addition. But in the density control section of code, it lumps together number of units and GRFA. Density and GRFA are different. Code creates a bottleneck that prohibits the use of GRFA if nonconformity is due to number of units. Purpose of code is to prevent discrepancy from increasing. Not allowing use of GRFA does not address the density or number of units. There are a lot of owners in this position. Not just my clients. About half of the owners of these lots are Vail locals. Town goal is to keep locals in Town. You should keep the nonconforming section of the code, but look at the section where it merges density and GRFA. I have offered Jonathan my services to help staff find a solution to this problem. Gillette: Is it just Section 12-18-5B that we need to address? Mr. Braun: We would like to address the unit per acres section and GRFA. But we need to look at unintended consequences. We have not looked at all solutions Spence: Section 12-18-5B also applies to multifamily properties. It's important to access GRFA, but also to allow a demo -rebuild. John Perkins: Architect: Working with the Grace Family. The design is an extremely weak mirror image duplex. This change would give us an opportunity to address this mirror image, which is discouraged. Final Comments Gillette: We should pursue this. We do not want to create a special circumstance. We should allow them to use the GRFA per the code. Allow the second unit of full ownership. You are on the right track. Martin: Staff needs to move forward with this to allow enhancement of these properties. EHU (Employee Housing Units) solution did not work. Concerns I have are on setbacks and parking, but still allow owners to use the GRFA. Questions: #1, yes, they are acceptable. Staff is on the right path. Rediker: Agree with comments so far. Looking at this issue and the GRFA, this does meet the goals of the Town. Devil's Advocate is that there is a direct link between GRFA and density. In certain situations a variance may apply. In the Grace's situation, the fact that they have to bring the property up to Town code, that would meet criteria for a variance. We should look at this closer. Any other nonconformity that can be remedied should be brought into conformance, including parking and setbacks where possible. Are we looking at allowing full demo -rebuild, as long as it's in compliance with code? Spence: If we would allow a demo -rebuild; at end of day we would have structure that meets setbacks and has same GRFA as a single family that could be built on same lot. Rediker: Agree with that sentiment, demo -rebuild should be considered. Gillette: Would we require a setback to be fixed if new GRFA was added? Rediker: No, just for new construction Kurz: We should go forward to address this issue. Staff found some inequities in code. Allow staff to look at the technicalities. We need more information from staff so we can consider the unintended consequences. This is an opportunity to help keep locals in the community. We should more forward expeditiously. Lockman: This trend will not go away, properties are aging. We would allow people to make revisions to come into compliance with code. We want to keep locals in the community and keep ownership affordable. Allowing more GFRA will increase density. Adding sub -paragraphs to the portion on GRFA could be a solution. We should pursue this as soon as possible. Pratt: The restriction on density in the nonconforming section seems unfair; I would be OK creating a list of these properties in the code. We need to be careful not to create a special windfall for these properties. Mr. Braun mentioned that we cannot increase the nonconformity. Staff is on the right track. Will leave it up to staff on how to approach this issue. Spence: We plan to meet with our legal team to understand how to move forward. Gillett: Also look at how to allocate the GRFA if lots have been subdivided. Our duplex language is not strong enough to prevent conflict among duplex owners Action: Table to January 25, 2016 Motion: Rediker Second: Martin Vote: 6-0-0 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) - 5 Min. Action: Table to January 25, 2016 Motion: Martin Second: Kurz Vote: 6-0-0 Approval of Minutes November 23, 2015 PEC Meeting Results Action: Approve Motion: Rediker Second: Lockman Vote: 4-0-2 Abstain: Kurz, Pratt December 14, 2015 PEC Meeting Results Action: Approve Motion: Gillette Second: Lockman Vote: 3-0-3 Abstain: Kurz, Martin, Rediker 7. Informational Update Mr. Neubecker gave an update on the new planners in the department. There was some discussion on changes to the Building Code. The new codes go into effect for applications submitted after January 1, 2016. 8. Adjournment Action: Adjourn Motion: Rediker Second: Kurz Vote: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 01), PLANNING AND ENVIRONMENTAL COMMISSION T%V�J OF Vii December 28, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Swearing -In New PEC Member Ludwig Kurz by Patty McKenny, Town Clerk Site Visit to observe examples of subject properties in relation to the work session topic 2. A request for a minor amendment to SDD No. 4, Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code to allow for converting an indoor tennis court into parking, located at 1295 Westhaven Drive/Lot 48, Glen Lyon Subdivision, and setting forth details in regard thereto (PEC150035). - 15 min. Applicant: L -O Westhaven, Inc., represented by Mauriello Planning Group Planner: Chris Neubecker 3. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) - 15 Min. Applicant: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence 4. A request for a work session with the Planning and Environmental Commission to discuss properties in the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District that were annexed into the Town of Vail with two dwelling units but are now nonconforming uses due to lot size requirements. Applicant: Town of Vail Planner: Jonathan Spence 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) - 5 Min. Table to January 25, 2016 Applicant: Town of Vail Community Development Department Planner: George Ruther 6. Approval of Minutes November 23, 2015 PEC Meeting Results December 14. 2015 PEC Meetina Results 7. Informational Update 8. Adjournment 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 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department Published in the Vail Daily December 25, 2015 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Swearing -In New PEC Member Ludwig Kurz by Patty McKenny, Town Clerk Site Visit to observe examples of subject properties in relation to the work session topic ATTACHMENTS: Nam No Attachments Available Description: TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 28, 2015 ITEM/TOPIC: A request for a minor amendment to SDD No. 4, Cascade, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code to allow for converting an indoor tennis court into parking, located at 1295 Westhaven Drive/Lot 48, Glen Lyon Subdivision, and setting forth details in regard thereto (PEC150035). - 15 min. ATTACHMENTS: Name: n PEC150035 Staff Report.pdf Description: Staff Memorandum 0. )rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 28, 2015 SUBJECT: A request for a minor amendment to SDD No. 4, Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code to allow for converting an indoor tennis court into parking, located at 1295 Westhaven Drive/Lot 48, Glen Lyon Subdivision, and setting forth details in regard thereto (PEC150035). Applicants: L -O Westhaven, Inc., represented by Mauriello Planning Group Planner: Chris Neubecker Please table this item to the January 11, 2016 PEC Meeting TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 14, 2015 ITEM/TOPIC: A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) - 15 Min. ATTACHMENTS: ame: PEC150033 Staff Report.pdf D PEC150033 Memo Attachments. Description: Staff Memo Attachments to staff memo 0. )rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 28, 2015 SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-7B- 3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033). Applicants: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence SUMMARY/REQUEST The owner of the Crespelle Restaurant, located at 278 Hanson Ranch Road, has requested the review of a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio. The Vail Town Code refers to outdoor dining/seating as "Outdoor Patio" in reference to permitted and conditional uses in the Commercial Core (CC1) Zone District. The restaurant establishment is proposing an outdoor patio for outdoor dining directly in front of the restaurant entrance. Because of the proximity of the property line in relation to the building, the patio will be located entirely within the Town of Vail right -of -way. The outdoor seating area is approximately 247 square feet and will accommodate four or five "4 -top" tables or about 20 guests. The establishment is not proposing any amplified music or additional lighting. The final design for the railing and street furniture will be reviewed subsequent to the Conditional Use request by the Design Review Board (DRB). The location of the proposed outdoor patio has been reviewed and approved by the Department of Public Works and the Fire Department. Because of the ample right-of- way in this location, it is not anticipated that the patio will adversely affect provisions for emergency services or snow removal. The applicant is proposing a barrier system (fence) similar to that found at the Mountain Standard with set -in-place sleeves that prevent the barriers from repositioning, resulting in further encroachment into town property. No changes to the existing paver surface are proposed. Unlike other outdoor patios including the recently approved patios at the Big Bear Bistro and Blu Cow Restaurant, the applicant t proposes to remove and store the barrier system and tables within the establishment on a nightly basis to ensure access to the trash elevator. Please see the site plan included as Attachment C for the location of the proposed outdoor patio. II. BACKGROUND The Bridge Street Lodge Building was constructed in 1995 and provides for retail, restaurant and residential uses. According to the Official Zoning Map of the Town of Vail, the Bridge Street Lodge parcel is located within the Commercial Core 1 (CC1) District. As such, the development and operation of outdoor patios is regulated by the provisions of the CC -1 District. Pursuant to the provisions of the CC1 District, the development and operation of outdoor patios requires the approval and issuance of a Conditional Use Permit. III. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Title 12 Zoning Regulations Section 12-78 Commercial Core 1 (CCI) District (in part) 12-78-1: PURPOSE. The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7. EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or Town of Vail Page 2 the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC). 12-7B-20. VAIL VILLAGE URBAN DESIGN PLAN.- A. LAN. A. Adoption. The Vail Village Urban Design Guide Plan and Design Considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CCI) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail Village design guide plan and design considerations shall be on file in the department of community development. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows. 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 3. Commercial Town of Vail Page 3 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core/ Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan (in part) The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives. The applicable stated goals, objectives and action steps of the Vail Village Master Plan are as follows.- GOAL ollows: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Town of Vail Page 4 IV. Objective 2.2. Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1. The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.4. Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.2. Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Policy 3.1.1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.3. Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Policy 3.3.2. Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. SITE ANALYSIS Zoning: Land Use Plan Designation Current Land Use: V. SURROUNDING LAND USES AND ZONING LandUse Desianation North: Village Master Plan South: Village Master Plan East: Village Master Plan West: Village Master Plan Town of Vail Commercial Core 1 District Village Master Plan Mixed Use Zonina District Commercial Core 1 District Agriculture and Open Space District Commercial Core 1 District Commercial Core 1 District Page 5 VI. REVIEW CRITERIA Before acting on a Conditional Use Permit or Development Plan application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff Analysis: The proposed outdoor patio will provide livelihood through outdoor dining, an identified development objective of the Town intended to increase activity in the commercial cores. The proposed outdoor patio will provide an enhancement to the public space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section III of this report. Staff finds this criterion to be met. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff Analysis: The proposed outdoor dining area will have no negative effects on light and air, distribution of population, transportation facilities, utilities and schools. Staff finds this criterion to be met. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff Analysis: The at -grade outdoor dining area will have an effect on the Hanson Ranch Road right-of-way which is fifty feet in width at this location. The existence of the Seibert Circle Fountain does further constrain this area however proposed design provides ample space within the existing platted right-of-way for emergency vehicles, pedestrians, bicyclists and other users. Further, the use of sleeves in the pavers for the outdoor dining fencing will allow for a consistent buffer. These sleeves will ensure that the proposed location of the outdoor dining will have no effect on the usability of the adjacent public space. This application has been reviewed and approved by the Department of Public Works and the Fire Department. 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 Town of Vail Page 6 surrounding uses. Staff Analysis: Staff finds the proposed outdoor patio will have a positive effect upon the character of the area, furthering the outdoor dining culture that has been established within Vail Village. The outdoor patio will add livelihood, activity and interest in the area. The scale and bulk of the proposed patios are minimal and will not negatively impact the surrounding area, Staff finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Analysis: An environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- This onditions. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2016. Town of Vail Page 7 2. The applicant for shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this establishment that encroaches into the Hanson Ranch Road right-of-way prior to commencing the outdoor patio use. 3. The outdoor patio shall operate consistent with the approved site plan dated 10/17/2015. Should the Planning and Environmental Commission choose to approve these Conditional Use Permits requests, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vll of the Staff memorandum to the Planning and Environmental Commission dated December 14, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The Conditional Use Permit is in accordance with the purposes of the Zoning Regulations and the CC -1 District,- 2. istrict, 2. The proposed Conditional Use Permits 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; and, 2. The proposed Conditional Use Permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." VIII. ATTACHMENTS A. Vicinity Map B. Site Photos C. Site Plan, 12-15-2015 D. Draft Conditional Use Permit Town of Vail Page 8 A K.. WW�f 141 - Ml t FIV wo Lj ' ' ' ' / v / / / ' ~ / / ---- ` .--- ---- . - ---------- � � I I I I _ 20'-9 3/4"/ CRESPELLE WINTER PATIO LAYOUT J F- _ � � LU a. 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ATTACHMENTS: Name D Worksession memo.pdf D Attachments to worksession memo.. Description: Worksession Memo Attachments TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 28, 2015 SUBJECT: A request for a work session with the Planning and Environmental Commission to discuss properties in the Two -Family Residential (R) District and the Two - Family Primary/Secondary Residential (PS) District that were annexed into the Town of Vail with two dwelling units but are now nonconforming uses due to lot size requirements. Applicant: Town of Vail Planner: Jonathan Spence PROBLEM STATEMENT As a result of annexation into the Town of Vail, approximately 35 duplex properties (2 units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 units. As Legal Nonconforming properties, homeowners are unable to access any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. This situation gives rise to questions of fairness and equity between homeowners in the Town of Vail. In addition to these properties being unable to access GRFA or redevelop, the unintended consequences of the existing policy include property deterioration and neglect that detract from II. INTRODUCTION The Town of Vail has grown from its inception in 1966 to its size today largely through annexations of properties platted previously in Eagle County under Eagle County jurisdiction. At the time of annexation into the Town of Vail, many of these properties had homes already constructed under Eagle County rules and regulations. Approximately thirty five (35) properties were developed in unincorporated Eagle County with two (2) units (duplex) on lots whose size does not conform to the current minimum lot size of 14,000 square feet, required for two (2) units. As a result, these properties are deemed Legal Nonconforming by the Vail Town Code. This means that the properties were legally and lawfully constructed, but do not conform to current code requirements. One of the consequences of being a nonconforming property as it relates to density (number of dwelling units on a lot) is that homeowners are unable to access any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. As this is not a situation unique to only a few properties, the Community Development Department has initiated discussion with the Planning and Environmental Commission (PEC). It should be noted that this discussion only pertains to the subject properties and has no impact on the existing minimum lot size for all other P/S and R zoned properties. III. PURPOSE This worksession is intended to familiarize the Commission with the issue and begin to explore possible scenarios that would allow affected property owners to potentially enjoy similar development/redevelopment options as those available to conforming duplex properties. The following goal and objectives build upon the problem statement to provide a summary of the issues that are to be addressed: Goal To adopt regulations that increase equity, fairness and consistency by allowing affected property owners to potentially enjoy similar development/redevelopment options as those available to conforming duplex properties Objectives Provide the community and affected property owners with accurate information concerning this issue. Allow affected property owners and other members of the community an opportunity to participate in a discussion on this issue. • Investigate intended and unintended consequences of any change in policy on this issue. IV. BACKGROUND General Background Many existing homes within the Town of Vail were constructed legally in Eagle County before being annexed and subsequently zoned by the Town of Vail. This application of zoning has resulted in many properties being deemed Legal Nonconforming due to discrepancies between the constructed properties and the dimensional and Town of Vail Page 2 development standards of the Town Code. Many of these nonconformities are minor, including building setbacks, which do not pose significant barriers to homeowners wishing to expand or redevelop their properties. Other nonconformities including use or density (dwelling units per acre/site) create a different scenario. Properties that were developed in unincorporated Eagle County with two (2) units (duplex) on lots whose size does not conform to the current minimum lot size of 14,000 square feet, required for two (2) units are unable to make additions or redevelop their properties, regardless of available GRFA on the site. Prior to the rewriting of the calculation and allotment of GRFA in 2005-2006, properties nonconforming due to density controls were eligible for additional GRFA pursuant to Section 12-5-5 Additional Gross Floor Area (250 Ordinance). Since the adoption of the changes to GRFA, the only alterations that have been permitted are those that result in no net increase in GRFA, including interior remodels and exterior alterations. The Town has consistently allowed the subdivision of duplexes to separate ownership, regardless of conforming or nonconforming status. Currently, the only conforming way to have more than one dwelling unit on a P/S or R District zoned property under 14,000 square feet in lot size is to restrict one unit as a Type I Employee Housing Unit (EHU). This designation also comes with incentives related to GRFA (+550 sq. ft.), site coverage (+5%), and landscaping (-5%). None of the subject properties have taken this approach. Property Characteristics The subject properties fall into two zoning designations; the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District. There are 9 properties located within the Two -Family Residential (R) District and 24 properties within the Two -Family Primary/Secondary Residential (PS) District that do not meet the minimum lot size (14,000 square feet) that were annexed into the Town of Vail with, and currently have, two units. To be clear, the subject properties must meet all of the following requirements to be included in this discussion: • Properties must have been annexed into the Town. • Properties must have had two units on the property at time of annexation. • Properties must still have two units on the property. • Properties must have less than 14,000 square feet of lot area. The charts below illustrate the existing size of the subject lots: Town of Vail Page 3 14000 (D 12000 10000 w 8000 a 6000 Q N_ N 4000 0 J Q 2000 0 14000 12000 10000 w a 8000 Q N CO 6000 0 J MI 2000 N Lot sizes of R District Lots less than 14,000 square feet with 2 Units Invidual Properties (9) Lot sizes of P/S District Properties less than 14,000 square feet with with 2 units Individual Properties (24) Town of Vail Page 4 All of the P/S District Lots were annexed into the Town of Vail in 1986 or 1987 while the R Zoned Lots were annexed in 1969 and 1974. All of the properties are designated on the Vail Land Use Map as Low Density Residential with the exception of four properties which are designated as Medium Density Residential. One of these properties is located on Garmisch Drive while the other three are located on West Gore Creek Drive. The subject properties are all located within established neighborhoods and are dispersed within these neighborhoods. The maps on the following pages show the relative and specific location of these properties. Town of Vail Page 5 Two -Family Residential Lots less than 14, 000 sq. ft. with Two Tris (as of Octolber,. 2015) 9.' 5 ;E11 ASWmwF 52 935 x]05 f,�,,,._ 5:1 5J ,.933 893n58C,3391 635 E35 Rim 9629 925 r ercm a9c, 927 921 '3-5 ,39E 89- 725 715 92. �x x 917 89-,W4 cae 515 911 9KIS sAWA 374 9117 9015 64 0� s�rw9 W99" 9D1 71-1 wxe 908 S 9IE3 s Yryk � rWMy'�.fx Wrw Tiro -Family ResidentA f R1 Two -Family Residential - Two Units on Lois < 14,0011 sq.k _ Two -Family PrtinaryJSecxdary Residm tW (PS) PhmarySecmdary Residential - TWD Units on Lots < 11,000 sq_ft Town of Vail ON NIP7 If Page 6 �X W oeMW wr 4 I Ic A Tiro -Family ResidentA f R1 Two -Family Residential - Two Units on Lois < 14,0011 sq.k _ Two -Family PrtinaryJSecxdary Residm tW (PS) PhmarySecmdary Residential - TWD Units on Lots < 11,000 sq_ft Town of Vail ON NIP7 If Page 6 Two-Famfiy Primary... -Secondary Residential Lots less than 14,000 sq. ft. with Two Units (as of October.,2075) 1163 1163 iD1a 1153 iC31 10.E1�]ES 11'5..1`0 wCrr 967 10.: ''57 11 D] 5153' o k14 1191 1D]' 1]C 1ges @ 1D22 '-•L'y 1��pD 1130 1 119E V�1612 �=� 1� � 11'57 VD; '11.7 yft 992 % 1°123', 9S4 ,12 TD 12�933 � 117 1'3'r._7 -..57 111E iia}]-i1aC 1'97 Two -Family Residential %Rj r TWD -Family Residential - TWD Units on Lois < 14,000 sq.tL _ Two -Family Prirna *Secam ary Residential (PS) = Primary. Secondary Residential - Two Units on Lots < 14,000 sq.4t ,a,�a.a r.,..a.� a .. ��.a .,..� �. �..r....t..�.� W r+.�faw+w ,.a as..,...m..� �� a+e+ar....y.�a.., .�.�,... �...a...a """""°• r.,a�ww+� 191ki ; p�,�l, Town of Vail Page 7 V. CONSIDERATIONS Existing Policy on Nonconforming Sites, Uses, Structures and Site Improvements With the exception of minor formatting and clerical revisions, Chapter 18, Nonconforming Sites, Uses, Structures and Site Improvements, has remained largely unchanged since its inclusion in the original zoning code in 1973. In fact, the Purpose and Continuance Sections, 12-18-1 and 12-18-2, respectively, have not been altered. They are excerpted below: 12-18-1: PURPOSE: This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. (Ord. 8(19 73) § 20.100) 12-18-2: CONTINUANCE: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. (Ord. 8(19 73) § 20.200) As can be seen in both sections, the overall intent is to limit the number and extent of nonconforming uses and structures. This is intended to be accomplished through limitations on enlargements, redevelopment or restoration. The underlying premise is that at a point in time the nonconforming use or structure will no longer exist. This premise may not be entirely valid, especially with respect to duplex structures on undersized lots. Overtime, the Town of Vail has permitted some level of improvements to these properties to occur in addition to allowing the subdivision of ownership. Both of these activities have worked against the premise by reinforcing their presence and longevity in the community. Currently, properties that are nonconforming are unable to access any available GRFA per Section 12-18-5 (b.), excerpted below. B. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. Town of Vail Page 8 VI. CONSEQUENCES The Community Development Department has contemplated the consequences, foreseen and unforeseen, of both the existing policy related to the identified properties and a change to the policy that would allow property improvements/redevelopment. Possible consequence of no change to the existing policy concerning the subject properties: 1. Property deterioration aesthetically, environmentally and safety -wise (building codes) from lack of investment. 2. Lack of equity, fairness and consistency between property owners. Possible consequences of a change to the existing policy: Property redevelopment (a development objective of the TOV) a. Increase in property values/aesthetics b. Removal of existing nonconformities including setbacks, landscaping and parking location (ROW) c. Improved energy efficiency (Building Code) d. Improved safety (Building Code) 2. Ability of property owners to make improvements to their properties, including additions, which increase property values and allow homes to be expanded to meet a family's needs. 3. A greater perception and reality of equity, fairness and consistency between property owners in similar situations. (We do not believe the market has addressed the nonconformities as far as value) 4. No perceivable effect on traffic generation as a result of no increase in density over existing conditions. 5. No perceivable negative effect on parking as all new development, both additions and redevelopments, are required to meet current regulations. 6. As with all redevelopment, a decrease in affordability in a general sense may be an unintended consequence. VII. QUESTIONS Staff has prepared the following questions to assist in the discussion. This list is not all encompassing and staff encourages the Commission to bring forth additional questions that may assist in the facilitation of the meeting. Town of Vail Page 9 1. Are the consequences of the existing policy acceptable? 2. Should the existing policy concerning nonconforming uses, specifically as it applies to duplex properties on nonconforming lots, be revisited? 3. What are the means available to achieve the desired goal? VIII. NEXT STEPS It is staff's intent to explore the ideas and alternatives presented by the Planning and Environmental Commission and the community and to return on January 25, 2016 to continue the discussion. IX. ATTACHMENTS A. Letter of support form Dayle Shames, affected property owner, December 14, 2015 B. Letter of support, Tom Braun, representing affected property owners Gene and Mary Jo Grace, December 21, 2015 Town of Vail Page 10 From: Dayle Shames To: Jonathan Spence Cc: "mt.doc(d)mac.com" Subject: Re: Town of Vail Email Address Date: Monday, December 14, 2015 1:07:01 PM Hello Jonathan, Thank you for returning my phone call this morning. I await hearing possible options for the 30 properties involved in the current discussions scheduled for the December 28th commission meeting. I understand the need for uniformity, but I feel very strongly, that these few properties should be grand -fathered in as they currently are into the building specifications for Vail. I see that as the only reasonable option. Thank you for your consideration. Dayle Shames On Dec 14, 2015, at 11:12 AM, Jonathan Spence wrote: Jonathan Spence, AICP Planner Community Development Department <ima.e�jpa> 970.479-2321 Community Development SurveX vai laov. com twitter. com/vai laov <image002Jpg> ,,WFAU N LAND PLANNING & COMMUNITY DEVELOPMENT December 21, 2015 Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO 81632 RE: Work Session on Non -conforming Primary/Secondary and Two -Family Residential Lots Dear Members of the PEC: My firm represents Gene and Mari Jo Grace, owners of a home on West Gore Creek Drive in West Vail. I am writing to express my support for the staff and PEC initiating amendments to address issues with the non -conforming section of the zoning code as outlined in the Staff's December 28th memo. The Graces and I suspect other Vail home owners will be expressing their personal reasons for why they support amending this section of the zoning code. I will offer a more general, planning and zoning based perspective on this situation and why I believe existing provisions of the Town's non -conforming section are inconsistent, unnecessary and not in keeping with the Town's development objectives. Basics on Non -conforming Sites, Uses, Structures Virtually all zoning codes regulate uses, structures and sites that were lawfully created yet due to changes in development regulations no longer conform to current standards. The purpose of the Town's non -conforming chapter is "intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards". Continuance of Non -conforming Sites, Uses, Structures The code allows non -conforming situations to continue under the following circumstances: Non -Conforming Sites — May continue and "shall be deemed legally established building sites". Non -Conforming Uses — May continue provided the use shall not be enlarged to a greater site area or building floor area. Non-Conformine Structures — this section addresses four considerations: 12-18-5A. Lot and structure requirements — improvements that do not conform to setbacks, site coverage, height, etc. may continue and may be enlarged, provided "such enlargement does not further increase the discrepancy (or the non -conformity)". 12-18-5 B. Density Control — Structures that do not conform to density control (GRFA and dwelling units per acre) may be modified, "provided total GRFA of enlarged structure does not exceed the total GRFA of the pre-existing non -conforming structure". This provision means that if a property is non -conforming with respect to dwelling units it may be modified or enlarged but only if GRFA does not increase. This provision is the crux of this conversation. 12-18-5 C. Open Space and Landscaping— Non -conforming situations can be enlarged provided open space and landscape requirements applicable to the proposed enlargement be satisfied. Opal Building • 225 Main Street • Suite G-002 • Edwards, Colorado • 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com 12-18-5 D. Off Street Parking - Non -conforming situations can be enlarged provided parking requirements of the proposed enlargement shall be satisfied. Observations on How the Code Addresses Non -Conforming Situations It seems clear that with the exception of Density Control (12-18-5 B.), the Town's approach to non- conforming situations is generally not overly restrictive. For example — • A structure with a non -conforming setback condition may be enlarged and only the addition must conform to current setback standards. There is no requirement to remedy the non- conforming setback situation. • A building with a non -conforming parking condition may be expanded and new parking is required only for the new expansion. There is no requirement to remedy the non -conforming parking situation. The flexibility to expand these types of situations while not addressing the non -conforming aspect of the property is why I would characterize the Town's non -conforming section as "not overly restrictive". The manner in which Density Control is handled is different. In this case a property that is not conforming with respect to lot size and allowable dwelling units is not allowed to add GRFA, even if the property has allowable GRFA available. Not only does this provision "merge" two distinctly different development standards (GRFA and allowable units), it prohibits adding GRFA even when the addition of GRFA would not "increase the discrepancy" of the non -conforming situation (dwelling units). Section 12-18-5 B. is inconsistent with how it treats GRFA as compared to the flexibility the section affords other non -conforming situations and Section 12-18-5 B. is unnecessary because preventing a homeowner from adding otherwise allowable GRFA does nothing to exacerbate, or "increase the discrepancy" of a non -conforming dwelling unit situation. At a more general, policy level, section 12-18- 5 B. is not in keeping with the Town's development objectives to encourage the redevelopment and upgrading of properties. Nor does this section further the Town's desire for locals to live in Vail. Note that a significant percentage of existing homes that are in this non -conforming situation are owned by locals and this section creates an encumbrance or disincentive for locals to improve (and continue living in) their homes. I appreciate the time you are taking to evaluate this situation and look forward to working with staff and the Commission on a solution that maintains the integrity of the non -conforming chapter while relaxing the unnecessarily restrictive implications of Section 12-18-5 B. Regards, Thomas A. Braun 1 um -_ ruwN oFvaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 9, 2015 SUBJECT: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix Parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto (PEC150019) Applicant: Town of Vail, represented by Will Hentschel, 359 Design Planner: George Ruther Request to Table this item to November 23, 2015 Ad Name: 11784434A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/25/2015 and that the last publication of said notice was dated 12/25/2015 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/31/2015. 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 12/31/2015. � 2M 4, & 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 PLANNING AND ENVIRONMENTAL COMMISSION December 28, 2015, 1:00 PM Val Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Swearing -In New PEC Member Ludwig Kurz by Patty McKenny, Town Clerk 2. A request for a minor amendment to SDD No. 4, Cascade, pursuant to Section 12-9A-10, Amend- ment Procedures, Vail Town Code to allow for con- verting an indoor tennis court into parking, located at 1295 Westhaven Drive/Lot 48, Glen Lyon Subdi- vision, and setting forth details in regard thereto (PEC150035). - 15 min. Applicant: L -O Westhaven, Inc., represented by Mauriello Planning Group Planner: Chris Neubecker 3. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) - 15 Min. Applicant: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence 4. A request for a work session with the Planning and Environmental Commission to discuss proper- ties in the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District that were annexed into the Town of Vail with two dwelling units but are now noncon- forming uses due to lot size requirements. - 90 min. Planner: Jonathan Spence 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) - 5 Min. Table to January 25, 2016 Applicant: Town of Vail Community Development Department Planner: George Ruther 6. Approval of Minutes November 23, 2015 PEC Meeting Results December 14, 2015 PEC Meeting Results 7. Informational Update 8.Adjournment The applications and information about the propos- als are available for public inspection during regu- laroffice hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional in- formation. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department Published in the Vail Daily December 25, 2015 (11784434) Ad Name: 11756689A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/11/2015 and that the last publication of said notice was dated 12/11/2015 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/11/2015. 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 12/11/2015. � 2M 4,& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 Nx � THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on December 28, 2015 at 1:00 pm in the Town of Vail Municipal Building. A request for a minor amendment to Special De- velopment District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Proce- dures, Vail Town Code to allow for converting in- door tennis courts into parking, located at 1295 Westhaven Drive, and setting forth details in re- gard thereto (PEC150035). Applicant: L -O Westhaven, Inc., represented by Mauriello Planning Group Planner: Chris Neubecker A request for a work session with the Planning and Environmental Commission to discuss properties in the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District that were annexed into the Town of Vail with two dwelling units but are now nonconforming uses due to lot size requirements. Planner: Jonathan Spence The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published December 11, 2015 in the Vail Daily. (11756689)