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HomeMy WebLinkAbout2016-0222 PECPLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VA L February 22, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order Members Present: Brian Gillette, Ludwig Kurz, John Rediker, Webb Marti, John Ryan Lockman Members Absent: Kirk Hansen, Henry Pratt Site Visit: 1. Mill Creek Court Building - 302 Gore Creek Drive 2. A request for review of a Minor Exterior Alteration, pursuant to Section 12-7B-7, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC160004) Applicant: Mill Creek Court Building HOA, represented by Snowdon and Hopkins Architects Planner: Matt Panfil Action: Approval Motion: Kurz Second: Lockman Conditions: Vote: 5-0-0 1. Approval of this minor exterior alteration request is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Staff confirmed that the HOA represents both commercial and residential uses. Craig Snowdon, Architect, answered questions from the Commission. Martin asked about recycling facilities on site. He asked about floor plans and asked if there is enough space for the landing areas for wheelchair access. Lockman asked about logistics of access to trash/recycling facilities on site. Rediker asked whether different options were explored to relocate trash/recycling facilities. No public comment. 3. A request for a recommendation to the Vail Town Council for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short- term rental as a rental for a period of time not exceeding 30 days. This text amendment will ensure that Section 12-2-2 is consistent with Section 4-1-2 of the Vail Town Code (PEC160005) - 15 Min. Applicant: Town of Vail, represented by Matt Mire Planner: Brian Garner Action: Approval Motion: Kurz Second: Lockman Vote: 5-0-0 Town Planner Garner stated that the intent of the text amendment is to harmonize the definition of short term rental within Town Code. Currently, within the business license section of Town Code, short term rental is defined as a period of time not exceeding thirty (30) days, while the zoning code currently defines short term rental as a period of time not exceeding thirty-one (31) days. This text amendment will change the zoning definition to match the thirty (30) day period. No questions for staff. No public comment. Gillette — Agree with staff Martin — Agree with staff, meets criteria Kurz — Agree with staff Lockman — Agree with staff Rediker — Has approval of town attorney and makes sense to make codes consistent 4. A request for review of a Conditional Use Permit pursuant to Section 12-813-3 Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code, to allow for the installation of parking in the Chalet Road right-of-way and the conversion of the existing tennis courts to pickle ball courts, located at 461 Vail Valley Drive, Tract F2, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150037) - 45 Min. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Approval Motion: Gillette Second: Lockman Vote: 5-0-0 Conditions: 1. Applicant shall at all times abide by the Conditional Use Permits regulations, Chapter 16, Title 12 of the Vail Town Code. 2. This conditional use permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 3. The parking area approved by this conditional use permit is a seasonal use which shall be made available annually for snow storage between December 1 and April 1 of the following year. 4. Hours of operation shall be from dawn to dusk. 5. Artificial lighting of the courts is prohibited. 6. Amplified sound and loudspeakers are prohibited. 7. If there is a demonstrable need to address noise problems, the conditional use permit shall be brought back to the PEC for review of the most appropriate sound mitigation features. (As amended by PEC at public hearing.) 8. Prior to demolition of existing courts and/or construction of new courts, applicant shall install silt fencing or other appropriate erosion control features to prevent degrading of water quality in the creek to the east of the courts. These erosion control features shall remain in place until the final landscaping is installed and vegetation is established. 9. Prior to start of construction or issuance of a building permit, the applicant shall obtain approval from the Design Review Board with a specific finding that the location of the courts is not detrimental environmentally and/or aesthetically. 10. The proposed sidewalk and patio pavement shall be constructed with permeable pavers or similar porous materials provided they remain ADA compliant. Also, that the Planning and Environmental Commission strongly recommends that the water quality improvement projects that are part of the Gore Creek Action Plan for this area be installed in conjunction with this project. (As amended by PEC at public hearing.) Neubecker outlined the proposed changes since the last time the proposal came before the PEC. Among the changes, the overall footprint was reduced in size; the parking space length was reduced by one foot (1'). The creek setback is now 30' at the northeast and 26' at the southeast corner of the site. A bike rack, new restroom, additional landscaping and infiltration drain are proposed. The design of the restroom and landscaping will have to be reviewed by the Design Review Board (DRB). Part of the Gore Creek Action Plan includes a vault in Gore Creek Drive near the west end of the Texas Townhomes. There is funding for the water quality improvement, but the final design has not yet been reviewed. The number of pickleball courts will remain the same. Parking has been reduced to ten (10) parking spaces. Staff recommends approval and recognizes many improvements have been made to the plan, even though not all previous comments have been incorporated into the revised plans. Lockman asked for an update on the noise barrier. Neubecker stated that the recommendation is that it not be installed right away due to aesthetics, but only if a need is identified later. Lockman asked for the fence height, which Neubecker responded ten feet (10'), though lowering it has been discussed. The applicant, Todd Oppenheimer, Capital Projects Manager of the Department of Public Works, began by discussing the proposed changes to parking. The recommendation is to keep on-site parking, but they did remove two (2) parking spaces; there are now ten (10) instead of twelve (12). This allowed an increase in landscaping at the northwest corner of the site. This is a maintenance and repair project, the new courts will be built directly on top of the existing courts. In order to get additional setback from the creek, the parking spaces have been reduced to eighteen feet (18') in length, rather than nineteen feet (19'). The extra foot is required in Vail for snow storage. The walkway was reduced in width from five feet (5') to four feet (4'), but is still ADA compliant. The courts remain the same dimensions. Six inches (6") were removed on each side of the courts and the fence. This reduced 96% of the stream encroachment. There is now approximately 1,300 square feet of riparian zone restoration available. A single -stall unisex restroom will be added to the site. A combination drinking fountain / water bottle fill station will be adjacent to the restroom structure. Additional landscaping will be provided on the south side of the restroom structure and the western side of the courts. Trees will serve as screening on the north side of the courts. In regards to sound, the preference is to take a wait-and-see approach before installing sound barriers. At a previous Town Council meeting, measured decibel readings of 50-55 were recorded at pickleball courts, with a few brief three -second instances reaching 60 decibels. 70 decibels is the maximum allowed by the town. As a comparison, tennis noise readings are approximately 58 decibels. If complaints are received, sound will be measured again from multiple locations. Mr. Oppenheimer shared material samples of the sound barrier product. The product is supposed to cut out approximately 90% of sound in commercial and industrial applications. The product is solid in nature and would also block the wind and breeze in the courts. The sound barrier product, if installed, would have printed artwork on the exterior so that it would have more visual interest than just a solid black or green wall. PEC Questions Gillette — Infiltration drain along east end of courts daylights? Oppenheimer — Yes, the runoff from the courts soaks into the ground. Gillette — Still plan on draining across Chalet Road, will Chalet Road be repaved? Oppenheimer — Will be leaving the existing pavement. Gillette — We would require a private developer treat their runoff on-site. Can we treat the remainder of the runoff on site? Can we use pervious pavers in the snowmelt area? Oppenheimer — Pervious pavers have not been considered to this point. The Gore Creek Action Plan includes a bioswale treatment between the Texas Townhomes and other residential units, not a vault. That will be the treatment for stormwater in the area. Martin — Do we know the timing on that (water quality) project? Oppenheimer — Not yet. Martin — Can we do something to reduce impervious surface in the mean time? Oppenheimer — No, there still needs to be access for emergency vehicles. Lockman — Would the sound barrier need to be on all four sides to be effective? Oppenheimer — No, it would be placed on the north and west sides. The residences to the north are the closest to the courts. All Seasons residential units to the west are approximately 200' away. Residential units in Manor Vail are approximately 350' away. There is also a recreation building between the courts and the Manor Vail residential units. Lockman — What is the trigger or process for constructing the sound barrier? Oppenheimer — If complaints are received, more data would be collected and compared to ambient noise. Lockman — Will bathroom be open in the winter? Oppenheimer — No Kurz — This property is zoned outdoor recreation and constructing a sound barrier may be setting a precedent down the road that would obligate the town to construction of future sound barriers. Supported the project when first discussed by Council in the fall. Based on the minutes from the last meeting, he feels there has been positive progress towards meeting concerns. Public Comment Dan Reynolds, attorney for Texas Townhomes, Vail Trails Chalets, All Seasons, and Vail Trails East. Thanked town for incorporating some of their comments, but clients still feel pickleball courts would be better located elsewhere. Is the proposed restroom building within approved budget for the project? Is the cost to repave Chalet Road and to install water treatment system also part of the budget? Where will the water lines be tied into? Who is responsible for maintaining restrooms? What happens if restrooms smell? Clients request a ten foot (10') tall fence with adequate sound barriers along north and west fence. Is the condition to install the fence one year from completion of the project or one year from approval? Suggest two years to allow for study of the noise. How soon after a complaint will the barrier be installed and what would be the process? Ask that the hours of operation, for the courts and the restroom, be specific rather than from dawn to dusk. Also, request increased landscaping around the courts. Ms. Margaret Rogers stated she was wondering why it was taking so long for PEC approval. Does not see serious problems based on what the Town Council had previously approved. This location already approved by Council, don't consider other locations. As the town usually does, it comes up with a better plan based on public input. She urged the PEC to approve this application. The argument regarding the location of the pickleball courts was already addressed and approved by the Town Council. The sound reduction barrier is a good idea, if there is reason for it. Sound studies were considered as part of the Town Council approval. It was clear that the decibel levels did not exceed Town Code. There is no demonstrated need for sound barriers and is a costly proposal. Ms. Rodgers asked if there are currently specific hours of operation. Mr. Oppenheimer responded in the negative, but said no programming occurs before 9AM. Ms. Rogers indicated that dawn to dusk is an appropriate timeframe. Mr. Jim Lamont stated that the Town Council's approval was regarding the budget, not the terms and conditions of the pickleball courts and parties would be able to argue specifics of the proposal at the PEC. Stream setback increase in conformance is a major step forward. In regards to the issue with the noise, they are looking for a win-win situation, and agreed that within one season the surrounding residents will know if the sound barrier is needed. Mr. Lamont feels that the noise regulations within the Town Code are intended for industrial noises, and continuous noises. If the sound is a problem, he feels that dawn to dusk hours of operation are too permissive, especially in the early morning and at dusk because these are quiet times for most residential neighborhoods. The Town Council noise study was a staged event and not real life conditions. In the summer, people will have their windows open and it should be studied how the noise will affect the interior of residences. Mr. Lamont would like a design that allows for residents and pickleball players to coexist. In regards to the issue of snow storage, he assumes the snow being stored on-site snow is being plowed from public streets and is not snow from the Vail Resorts parking lot. Using porous pavers would be a better way to treat stormwater runoff. The remaining stormwater needs to be stored in a vault, not a bioswale. Mr. Lamont is unsure if this area is part of the Gore Creek Plan. Asks that minutes reflect the need to examine stormwater runoff in the area and how it is incorporated into the Plan. Also, Mr. Lamont feels this is also an area in need of public art. Suggested that the level of landscaping be of the same kind and intensity as Manor Vail has on top of its parking structure. Mr. Lamont stated he is unsure of what an irrigation galley is and feels it should be reviewed carefully by the PEC and DRB. Trees of sufficient height to screen the sound barrier and fence should also be considered. Also, the chain link fences should be of a black color. How will the parking be controlled? Will it be gated? Will the restrooms be similarly operated? The restroom should not be a point of congregation or nefarious activities. Because there is no parking mandate for this use, Mr. Lamont urges two or three of the spaces be converted to landscaped area. Mr. John Gottlieb stated that he does not want people to lose site of the advantage of having pickleball courts within the Town. There are an increasing number of visitors looking for pickleball courts. There are residents within Texas Townhomes and Vail Manor that have used the pickleball courts. Mr. Gottlieb asked if landscaping to the north or windscreens would help mitigate sound, to which Mr. Oppenheimer responded in the negative. Mr. Gottlieb stated there are six new pickleball courts in Gypsum. Mr. Gottlieb believes compromises can be made and still have a world class facility. Ms. Pam Brandmeyer described herself as new to pickleball and believes the proposal is essentially same for same and there are a lot of improvements being made to alleviate resident concern and the sport is growing in the area. Mr. Charlie Penwill thanked the Town for the proposed project and strongly encouraged the PEC to move the project along and feels significant improvements have occurred to the plan. He is concerned the project will not be able to be built this summer. There is already degradation to the courts and is concerned that another summer without improvements will look bad for the Town. Martin — Whose snow is being stored? Greg Hall, Public Works Director — Snow from public roads in the neighborhood. Martin — Who will be responsible for cleaning and maintenance of the restroom? Hall — Agreement will be made with Vail Recreation District. Public Comment is closed. PEC Questions and Comments: Gillette — I think concerns can be resolved via conditions of approval. In regards to hours, dawn to dusk makes sense because it is a recreational use. In regards to the noise concerns, he is in favor of holding off on construction of a sound barrier. He feels the sound barrier will not be aesthetically attractive, but is ok with the request for allowing up to two years for construction of the sound barrier. Does not believe parking control requires a gate. The quantity of parking is adequate, but could maybe use a little bit more landscaping. He feels that improvements can still be made in regards to stormwater management. The parking spaces themselves should be pervious. An interceptor vault should be prioritized so that construction can occur at the same time. Martin — This is an outdoor recreational area that is getting greatly enhanced as a result of this project, especially the landscaping. This is a relatively dense urban area and noise will also come from buses and other activities. There have been significant improvements since the last meeting and is confident the Gore Creek Plan will address stormwater issues in the area. The proposal encourages activity and exercise in an area that is currently underutilized. Kurz — Expressed his support and asked Mr. Oppenheimer if the changes to the plan will drastically change stormwater flow. Mr. Oppenheimer responded that it is intentionally designed to not alter the historic drainage patterns. Mr. Kurz said he was at the sound study and does not feel that it was contrived. In regards to parking, Mr. Kurz prefers not to reduce the proposed amount of parking spaces unless it was to accommodate more landscaping. In regards to hours of operation, it should be up to the Vail Recreation District. Mr. Kurz is not in favor of constructing sound barriers. Lockman — A lot of improvements have occurred since the last meeting and feels there are a lot of benefits to the town, including the reduction of the stream setback encroachment and the provision of public restrooms. Mr. Lockman agrees that the condition can be changed to a two year term for review of the need for sound barriers. Mr. Lockman would like to make it more clear to the HOA how there is a need to demonstrate excessive noise. Project meets the comprehensive plan, and fantastic to see the bike rack. Rediker — Asked Mr. Oppenheimer and Mr. Mike Ortiz, Vail Recreation District, if the restroom will be locked at dusk during its operational months? Mr. Ortiz responded that the restrooms need to stay open and not locked each night. It is wise to have a restroom available for public use. Cleaning is done of all restroom facilities between 7AM and 7PM. In regards to hours of operation, the Recreation District would not program the courts before 8AM, but feels that specific hour restrictions are onerous to enforce. VRD could post the hours, but not monitor the use. The courts will naturally close when there is no light. Signage could be added to be respectful of the hours. In regards to parking, closing the lot would be the wrong thing to do. There are no problems today with the parking being open. Mr. Ortiz welcomed more dialog from residents. Rediker asked where the sewage and water lines for the restrooms will be located. Mr. Oppenheimer indicated that there are lines already provided to the site, but if they are not viable there are lines along Chalet Road from which the site can connect. Mr. Rediker feels the enhanced landscaping, reduction in stream setback encroachment, the bike rack, water fountain, and runoff collection are all important improvements. Mr. Rediker understands Mr. Gillette's comments regarding a desire for an increase in the amount of pervious surfaces, but he is not sure that it is a necessary condition. He does believe that stormwater improvements in the area should be made a priority. In regards to sound, Mr. Rediker reiterated that the site is zoned for outdoor recreational uses and does not see any hard evidence that there will be noise ordinance violations and he agrees that while an acoustic fence may be a solution down the road, it could be unsightly and appear as a box as well as block air flow on the courts. Mr. Rediker also prefers a wait-and-see approach to the construction of acoustic screening. Mr. Rediker does not believe there should be a one year limitation for the construction of a fence. The language regarding demonstrated need for a sound barrier, condition #7, is also not clear. Mr. Rediker wants to make it clear that just because there are noise complaints, the response should not automatically be to construct the sound barrier and questioned if it would be more appropriate to tie the demonstrable need to actual violations of the noise ordinance. Neubecker agreed that the idea to tie demonstrable need to noise ordinance violations is something that can be incorporated into the conditions. Gillette pointed out that it is possible years from now that a new type of pickleball could make much more noise than the existing. He believes there is merit to leave the time period vague. Mr. Neubecker clarified that the one year term was intended to refer to one year from date of the demonstrated need, not limited to one year from date of approval. Rediker asked if there is a demonstrated need to address noise, why it would take one year to construct the sound barrier. Mr. Oppenheimer explained that, for example, if the demonstrated need occurred in five years there would need to be at least one budget cycle to accommodate the construction. Rediker asked what would happen if there are noise issues down the road. Mr. Neubecker stated that because this is a conditional use, noise issues can be reviewed by PEC at a later date. Kurz suggested that item seven in the conditions of approval could be eliminated in its entirety and the town will deal with noise issues if and when they arise. Rediker proposed two changes to item seven. One, that if there is a demonstrated need to reduce noise from the courts, then the conditional use be brought back before the PEC so a more permanent fix can be put into place. Second, noise complaints are not sufficient to be considered a demonstrated need and the language regarding noise complaints and demonstrated need be revised. Gillette suggested item seven be left vague to say that if there are noise violations the conditional use should reappear before the PEC. Rediker specified that noise ordinance violations should be tied to demonstrated need. Neubecker suggested that instead of a reference to demonstrated need it should make reference to demonstrated violation of the noise ordinance. Rediker specified that if there is a demonstrated need, then the PEC should be able to review the conditional use permit as quickly as possible. Oppenheimer asked for time to respond to public comments and questions. First, the proposed improvements are part of the allocated budget for the site. In regards to making parking spaces permeable, the entire drive aisle and parking spaces will be driven on with heavy equipment and permeable pavers cannot withstand the load. Similarly, any new parking lot landscaping that would be in the way of the heavy loaders would be easily removed (damaged) by the equipment. Mr. Gillette asked if the sidewalks can be permeable. Mr. Oppenheimer responded it can be examined. Mr. Gillette asked if construction of the stormwater vault can occur as part of this proposal. Mr. Hall responded that as of now stormwater priorities are in east Vail. Mr. Gillette reiterated that the off -property drainage improvement should occur at the same time as this project. Mr. Oppenheimer explained that the proposal does not call for a vault, but a bioswale. Rediker stated they are improving drainage from the courts and is not sure if it necessary to tie the larger water quality improvement to this project. Mr. Rediker concurred that permeable sidewalks should be examined. Gillette asked about the possibility of relocating the bioswale. Mr. Hall responded that the Gore Creek Plan analyzed the best location for the bioswale. Martin pointed out that landscaping is actually being increased on the site. Mr. Martin suggested a condition that if the water quality improvement is not constructed within five years the conditional use permit is to be reevaluated. Mr. Neubecker responded that is hard to tie a site specific development to an overall water quality improvement or infrastructure project. Gillette asked if there is an increase or decrease in net hardscape to which the specific numbers were not available. Mr. Gillette stated that he would add a condition that the sidewalk be permeable and strongly encourage that the water quality improvement bioswale be prioritized to occur in conjunction with the proposed project. In regards to item seven, Mr. Rediker recommends the second sentence be changed to remove the reference to noise complaints and add language regarding if a demonstrated need is proven, the conditional use permit be brought back to the PEC. 5. 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 redevelopment of the former Cascade Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was previously approved most recently in 2007 and expired on June 1, 2015. (PEC 150014) - 5 Min. a Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to April 11, 2016 Motion: Kurz Second: Lockman Approval of Minutes Action: Approval Motion: Kurz Second: Lockman February 8, 2016 PEC Meeting Results 7. Informational Update Adjournment Vote: 5-0-0 Vote: 4-0-1 (Martin Abstained) Motion: Gillette Second: Kurz Vote: 5-0-0 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 22, 2016 ITEM/TOPIC: A request for review of a Minor Exterior Alteration, pursuant to Section 12-713-7, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC160004) - 30 Min. ATTACHMENTS: ame: Description: PEC160004 Staff Memo.pdf Staff Memorandum D 302 Gore Creek Drive - Mill Creek Court Building.pdf Vicinity Map D PEC160004 Narrative.pdf Project Narrative d PEC160004 Plans.pdf Plans TOWN OF VAl l � Memorandum To: Planning and Environmental Commission From: Community Development Department Date: February 22, 2016 Subject: A request for review of an Exterior Alteration, pursuant to Section 12-7B-7 Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC160004). Applicant: Mill Creek Court Building HOA, represented by Snowdon and Hopkins Architects, P.C. Planner: Matt Panfil I. SUMMARY: The applicant, Mill Creek Court Building HOA, represented by Snowdon and Hopkins Architects, P.C., is requesting review of an exterior alteration, pursuant to Section 12-7B-7 Exterior Alterations or Modifications, Vail Town Code, to allow for the following: 1. Addition of a new commercial grade elevator; 2. Expansion to the existing landings on the second and third floors; 3. Exterior window and door modifications for Mill Creek Sports in order to accommodate the new elevator; 4. Relocation of three (3) existing light fixtures; 5. New trash / recycle bins built along the new railings of the expanded landings; and 6. A new, larger window for Unit 204, directly above the existing Mill Creek Sports awning. 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 (PEC) approve, with one (1) condition, the minor exterior alteration, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST: The applicant, Mill Creek Court Building HOA, represented by Snowdown and Hopkins Architects, P.C., is requesting approval of a minor exterior alteration to allow for the construction of an elevator and the expansion of the second and third floor landings at 302 Gore Creek Drive. The proposed location for the new elevator is at the eastern end of the courtyard plaza, directly in front of an existing window and awning for Mill Creek Sports. To accommodate the proposed improvements, the existing door, windows, and lighting fixtures for Mill Creek Sports will be relocated to the south of the elevator shaft. The roof of the structure will be extended over the new elevator shaft, resulting in an increase of approximately forty-three (43) square feet of site coverage. The submitted elevations depict three (3) "faux painted windows" on the south elevation of the elevator shaft. The applicant intends to expand the second and third floor landings to provide more maneuverability and space to install trash and recycling bins. As the expanded landings will be located under an existing roof, there is no increase in site coverage from the expanded landings. The proposed landings and elevator are not an increase to gross residential floor area (GRFA) because the zoning regulations exclude the square footage in GRFA calculations for common hallways and elevator shafts in structures with two (2) or more dwelling units. In addition to the above, a window will be replaced with a larger window for the second floor unit, Number 204, above Mill Creek Sports. The applicant has indicated that all materials, finishes, and colors are to match existing conditions. A vicinity map (Attachment A), a written description of the applicant's request, dated January 15, 2016 (Attachment B) and plans (Attachment C) have been attached for review and inclusion in the record. III. BACKGROUND: The Mill Creek Court Building was built as a mixed-use building in 1965. Town files indicate a variety of applications have been presented before the PEC and the Design Review Board (DRB) for improvements such as the consolidation of units, addition of bay windows, building identification signage, and window and door replacements. The property's current zoning designation of Commercial Core 1 District (CC1) was established as part of the original Town of Vail zoning regulations via Ordinance No. 8, Series of 1973, adopted on August 7, 1973. Current ground -level commercial uses include Buzz's Ski Shop, Mill Creek Sports, and U.S. Bank. There are a total of eight (8) residential units on the second, third, and fourth floors. IV. APPLICABLE PLANNING DOCUMENTS: Town of Vail Page 2 Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, Vail Village Master Plan and the Vail Village Urban Design Guide Plan are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Section 12-78 Commercial Core 1 (CCI) District (in part) 12-78-1: PURPOSE.- The URPOSE: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 zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the planning and environmental commission (PEC). 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CCI district as specified in section 12-78-1 of this article, that the proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan, and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan. Town of Vail Page 3 12. Height: Height shall be as regulated in the Vail Village urban design guide plan and design considerations. 15. Site Coverage. Site coverage shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail Village urban design guide plan and design considerations. In commercial core 1 district, ground level patios and decks shall be included in site coverage calculations. 20. Vail Village Urban Design Guide 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 the CCI district. Copies of the Vail Village design guide plan and design considerations shall be on file in the department of community development. Section 15 Gross Residential Floor Area (in part) 12-15-3. DEFINITION, CALCULATION, AND EXCLUSIONS.- C. XCLUSIONS. C. Within all districts except the hillside residential (HR), single-family residential (SFR), two-family residential (R), two-family primary/secondary (PS), residential cluster (RC), low density multiple -family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF), housing (H), and Vail Village townhouse (VVT) districts.- b. istricts. b. Within buildings containing more than two (2) allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage.- (2) ootage. (2) All or part of the following spaces, provided such spaces are common spaces.- (A) paces. (A) Common hallways, stairways, elevator shafts, and airlocks. Section 18 Nonconforming Sites, Uses, Structures and Site Improvements (in part) 12-18-5. STRUCTURE AND SITE IMPROVEMENT. Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone Town of Vail Page 4 district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations.- A. imitations. A. Lot and Structure Requirements. Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards, and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. Land Use Plan 4. Village Core/ Lionshead 4.1 Future commercial development should continue to occur primarily in the existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan Obiective 1.2. Encourage the upgrading and redevelopment of residential and commercial facilities. Obiective 2.4.- Encourage .4.Encourage the development of a variety of new commercial activity where compatible with existing land uses. Obiective 3.1. Physically improve the existing pedestrian ways by landscaping and other improvements. Obiective 3.3.- Encourage .3.Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Town of Vail Page 5 Obiective 3.4.- Develop .4:Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parks and stream access. Obiective 4.1: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Vail Village Urban Design Guide Plan As referenced in Section 12-713-12, the Vail Village Urban Design Guide Plan establishes the maximum height for the CC1 District via the following: 1. Up to 60% of the building (building coverage area) may be built to a height of 33 feel or less. 2. No more than 40% of the building (building coverage area) may be higher than 33 feet, but not higher than 43 feet. 3. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as Gross Residential Floor Area may extend above the height limit a distance of not more than twenty-five percent of the height limit nor more than fifteen feet. V. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: 302 Gore Creek Drive 1302 Hanson Ranch Road Lot I, Block 5A, Vail Village Filing 5 Commercial Core 1 Vail Village Master Plan Mixed -Use None Development Standard Allowed/Required Existing Proposed Change Lot/Site Area 5,000 sq. ft. 10,039 sq. ft. 10,039 sq. No buildable buildable ft. buildable Change Setbacks No setbacks required by the No Vail Urban Design Guide Plan Change 43 feet, with Building architectural No Height features allowed to 45.5 feet 45.5 feet Change extend not more than 25% above Town of Vail Page 6 VI. SURROUNDING LAND USE AND ZONING Existing Use North: the height limit, South: Christiania East: Founders Park / Parking nor more than 15 Ted Kendall Park/ Town - Owned Streamtract feet Density 25 DUs / acre of 48 DUs / acre No new No buildable of buildable units Change Gross Residential 8,031 sq. ft. (80%) 10,545 sq. ft. No new No Floor Area (105%) GRFA Change (GRFA) Site 8 031 sq. ft. (80%) 6,524 sq. ft. 6,567 sq. ft. +43 sq. Coverage (g5%) (65%) ft. (0.4%) Landscaping No reduction in landscape area No landscape allowed removed change change VI. SURROUNDING LAND USE AND ZONING Existing Use North: Vail Townhouses South: Christiania East: Founders Park / Parking West: Ted Kendall Park/ Town - Owned Streamtract VII. REVIEW CRITERIA Zoning District High Density Multi -Family Public Accommodation / SDD #28 Parking Outdoor Recreation It shall be the burden of the applicant to prove by a preponderance of the evidence before the PEC that: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7113-1, Vail Town Code; and, Staff finds the proposed exterior alteration is in compliance with the purpose of the CC1 District as the proposal will, "maintain the unique character of Vail Village." The proposed elevator will be consistent in appearance to the existing structure and the appearance of the relocated storefront will remain the same. Furthermore, the location of the proposed elevator is in the most recessed part of the courtyard, adjacent to the existing staircase, which minimizes its visibility from the nearby pedestrian paths. Therefore, staff finds the proposed exterior alteration meets this review criterion. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and, Town of Vail Page 7 Staff finds that the application is consistent with the Vail Comprehensive Plan, which includes the Vail Village Master Plan and the Town of Vail Streetscape Master Plan, because the proposal is an upgrade to an existing mixed-use structure. The intent of Objective 1.2 with the Vail Village Master Plan is to, "encourage the upgrading and redevelopment of residential and commercial facilities." Therefore, staff finds the proposed exterior alteration meets this review criterion. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, The proposal is intended to blend into the existing structure and all materials, finishes, and colors will match existing conditions. The location of the proposed elevator is in the east corner of the courtyard, minimizing its visibility from nearby pedestrian paths. Therefore, staff finds the proposed exterior alteration meets this review criterion. 4. The proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis. As previously identified, the proposal complies with the maximum building height established within the Vail Village Urban Design Guide Plan. Specific goals and policies within the Vail Village Urban Design Guide Plan that impact the Mill Creek Court Building are in reference to enhanced pedestrian connections and the development of the adjacent pocket park. Among the general design considerations established within the plan, active and transparent ground -level storefronts are encouraged. The relocation of Mill Creek Sports' entrance and window will help maintain a ground -level storefront presence. The Vail Village Urban Design Guide Plan also emphasizes the use of stucco for new facades. The proposed elevator shaft will be matching stucco. Therefore, staff finds the proposed exterior alteration meets this review criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with one (1) condition, of a request for review of an exterior alteration, pursuant to Section 12-713-7 Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) Town of Vail Page 8 and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this minor exterior alteration request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with one (1) condition, the applicant's request for a review of a Minor Exterior Alteration, pursuant to Section 12-7B-7 Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot 1, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. " Condition.- 1. ondition: 1. Approval of this minor exterior alteration request is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Should the Planning and Environmental Commission choose to approve this minor exterior alteration request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the February 22, 2016 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- That inds: That the proposed exterior alteration is in compliance with the purposes of the CC1 District as specified in Section 12-7B-1 of the Zoning Regulations; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. IX. ATTACHMENTS A. Vicinity Map B. Written Request dated January 15, 2016 C. Proposed Plans by Snowdon and Hopkins Architects, P.C., including Building Elevations, also dated January 15, 2016 Town of Vail Page 9 d o, - n � 4$j Snowdon and Hopkins • Architects,.. C : Town of Vail Planning Commission 1/15/16 75 South Frontage Road Vail, Colorado 81657 RE: EXTERIOR ELEVATOR ADDITION, EXPANDED STAIR LANDINGS, AND EXTERIOR MODIFICATIONS TO THE MILL CREEK COURT BUILDING AT 302 HANSON RANCH ROAD (LOT 1, BLOCK 5A, VAIL VILLAGE 5TH FILING), VAIL, COLORADO. TOV Staff and PEC members: This application is for a proposed new exterior elevator and exterior modifications to the Mill Creek Court Building (built in the late 196O's). The proposed modifications fall into the 3 following elements: 1. The addition of a new commercial grade elevator to be located directly south of the existing exterior stairway at the interior courtyard of the building. The new elevator will serve the 8 existing residential units on the 2nd, 3rd and 4th floors of the building. The proposed new elevator shaft will stay below the height of the existing building roof (extended to cover new elevator), and add 60 +/- square feet of common area. Three (3) existing wall light fixtures will be relocated; and all exterior materials, finishes, and colors are to match existing. 2. Due to the location of the proposed new elevator, the existing window, door, and awning for Mill Creek Sports will be modified and relocated. The existing light fixtures (2) are to be relocated at the new ski shop entry. All exterior materials, finishes, and colors are to match existing. 3. As part of the building modification, the existing 2nd and 3rd level stair landings are to be expanded; and new trash/recycle bins built along the new railing lines. The stair landings will be held back from the north and south Breezeway wall faces to respect the existing arch banding. All materials, finishes, and colors are to match existing. All 3 aspects of the proposal will maintain the existing character of the building, while providing the Owners with updated access and convenience. These modifications are consistent with the Vail Village Master Plan and the Vail Land Use Plan. They reinforce infill Commercial development, while maintaining the scale and ambiance of Vail Village. In addition, the elevator and trash/recycle bins will help make the existing residential units more desirable in the rental market and improve values. The building is located in CC1 Sub -area #3 of the Vail Village Urban Design Guide Plan. The encouragement of retail infill at the courtyard and improved pedestrian PO Box 3340 + Vail, Colorado 81658 • Phone: 970-476-2201 • Fax: 970-476-7491 access are consistent with Pedestrianization, Streetscape Framework, and Transparency (retail at ground floor). Because the elements all occur within the existing hardscape courtyard of the property, and within the existing mass of the building; they have no effect on light and air, distribution of population (improved access to existing residential units), transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Also, because the proposed modifications are upgrading existing conditions (stair access, trash and retail); there is no increased effect on traffic (in particular reference to congestion, automotive and pedestrian safety and convenience), traffic flow and control, access, maneuverability, and snow removal from streets and parking areas. The Site Development Standards for the property are maintained; 1. Landscape is unchanged as the elevator is placed on existing hardscape. 2. The site coverage is increased by 43 SF of roof area (6567 SF total), but below the allowable 8647 SF. 3. Building height is not increased. 4. There is no change in Density. 5. There is no change in EHU status. 6. There is no change in setbacks. 7. Parking is unchanged. S. The property does not have a driveway. 9. Snow storage (in excess of minimum) is reduced by 60 SF. As previously mentioned, because all aspects of the proposals occur within the general mass of the existing building; there are no negative effect on the character of the area in which the proposed uses are located. The elements are consistent with the scale and bulk of the proposed use in relation to surrounding uses. If more information is needed on this application, please contact our office. Craig N. 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TO HHE "Ago 0 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 22, 2016 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short-term rental as a rental for a period of time not exceeding 30 days. This text amendment will ensure that Section 12-2-2 is consistent with Section 4-1-2 of the Vail Town Code (PEC160005) - 15 Min. ATTACHMENTS: ❑ PEC160005 Staff Memo.pdf Description: Staff Memorandum 0) TOWN OF VAIL ' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 22, 2016 PEC Meeting SUBJECT: A request for a recommendation to the Vail Town Council for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short-term rental as a rental for a period of time not exceeding 30 days. This text amendment will ensure that Section 12-2-2 is consistent with Section 4-1-2 of the Vail Town Code (PEC160005). Applicant: Town of Vail Planner: Brian Garner SUMMARY This is a proposal to amend the text of Section 12-2-2, Definitions of Words and Terms, of the Vail Town Code to be consistent with the duration specified within the definition of Short Term Rental in Section 4-1-2, General Licensing Provisions, of the Town Code. The definition of Short Term Rental is listed twice in the Vail Town Code. The first definition is found in Section 4-1-2 Business and License Regulations. The second definition is found in Section 12-2-2 of the Zoning Regulations. Harmonizing the durations of Short Term Rental within the definitions will be helpful to clarify the regulation of short term rentals in the Town of Vail. 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 forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. II. DESCRIPTION OF REQUEST A request for a recommendation to the Vail Town Council to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short- term rental as a rental for a period of time not exceeding 30 days. The purpose of the amendment of Section 12-2-2 is to ensure consistency with Section 4-1-2 of the Vail Town Code. A short-term rental is typically rented on a nightly basis, up to a month, but not longer. The recommended change to the text of Section 12-2-2, Definitions of Words and Terms, is intended to match the duration of time currently quantified in the definition of a short- term rental as contained in the General Licensing Provisions of the Town Code, found in Section 4-1-2. Definition of Short Term Rental in Section 4-1-2, General Licensing Provisions: "SHORT TERM RENTAL: A rental of an accommodation unit or dwelling unit, or any room within an accommodation unit or dwelling unit, for a term not in excess of thirty (30) consecutive days. " Definition of Short Term Rental in Section 12-2-2, Definitions of Words and Terms: "SHORT TERM RENTAL: Shall be deemed to be a rental for a period of time not exceeding t14 , one (314 thirty (30) days." Thirty (30) days is considered the industry standard threshold for differentiating between short-term and long-term due to the fact that 31 consecutive days equals the maximum number of days within a month. Therefore, thirty-one (31) days is the equivalent of one (1) month which is then considered to be a long-term rental. III. BACKGROUND The Town's codifier identified the discrepancy in the current definition and brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12 or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. The process requires a public hearing before the Planning and Environmental Commission and a recommendation from the Planning and Environmental Commission to Town Council, where final action will be taken on the application via two (2) readings of an ordinance. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription. The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation.- 1. nitiation. 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. Town of Vail Page 2 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. DISCUSSION ITEMS Impact Analysis: This section considers the intended and unintended consequences as a result of the action. Impact to private property owners: No change to owners' rental rights are contemplated with this application as the code text amendment intends only to provide consistency and clarity with the specified duration of a short-term rental. Impact to short-term rental industry: No change to the short-term rental industry is contemplated with this application as the code text amendment intends only to provide consistency and clarity with the specified duration of a short-term rental. VI. CRITERIA FOR REVIEW Section 12-3-7 C2 of the Zoning Regulations identifies the factors that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These factors include the following: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (General and Specific Purposes of the Zoning Regulations) Purpose.- A. urpose.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.- Town urposes. Town of Vail Page 3 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. The proposed text amendment is intended to further the general and specific purposes of the zoning regulations by establishing consistency among defined terms of the Vail Town Code. Consistency promotes a coordinated and harmonious development of the Town and helps to conserve and maintain community qualities and economic values. Therefore, Staff finds this criterion to be met. (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town by establishing consistent language in the Vail Town Code. As a result, staff finds this criterion to be met. (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Town of Vail Page 4 The current two definitions for Short Term Rental in the Vail Town Code do not match and it is therefore appropriate to amend the text to have consistent definitions of terms. As a result, staff finds this criterion to be met. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment is intended to provide consistency of defined terms within the Vail Town Code so that land use regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Town Council to approve the proposed text amendment to Section 12-2-2, Definitions of Words and Terms, of the Town Code to be consistent with the duration specified within the definition of Short Term Rental in Section 4-1-2, General Licensing Provisions, of the Vail Town Code. If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for an amendment to Section 12-2-2, Definitions of Words and Terms, of the Vail Town Code for the definition of Short Term Rental to be consistent with the duration specified within the definition of Short Term Rental in Section 4-1-2, General Licensing Provisions, of the Vail Town Code." Before recommending approval of an application for a text amendment, the Planning and Environmental Commission shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and (2) That the amendment furthers the general and specific purposes of the zoning regulations, and Town of Vail Page 5 (3) That the 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. VIII. ATTACHMENTS • No attachments. Town of Vail Page 6 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 22, 2016 ITEM/TOPIC: A request for review of a Conditional Use Permit pursuant to Section 12-813-3 Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code, to allow for the installation of parking in the Chalet Road right-of-way and the conversion of the existing tennis courts to pickle ball courts, located at 461 Vail Valley Drive, Tract F2, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150037) - 45 Min. ATTACHMENTS: ame: Description: PEC150037 Staff Memorandum Golden Peak Pickleball and Parking CUP.pdf Staff Memo D PEC150037 Golden Peak Pickleball PLANS 022216.odf Site Plan and Elevations D PEC150037 Pickleball Google Maps.pdf Google Map D PEC150037 Conditional Use DRAFT PERMIT Pickle ball.pdf Draft Permit 1011 IKIIAT1:11N Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 22, 2016 SUBJECT: A request for review of a conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the expansion of public parks and active public outdoor recreation areas and uses (parking lot) and an accessory restroom building, located at 461 Vail Valley Drive, Vail Village Filing 5, Tract F2, and setting forth details in regard thereto. (PEC150037) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker SUMMARY The applicant, Town of Vail, represented by Todd Oppenheimer, Capital Projects Manager, is requesting the review of a conditional use permit, pursuant to Section 12- 8B-3, Conditional Uses, Vail Town Code, to allow for the expansion of public parks and active public outdoor recreation areas and uses, excluding buildings (parking lot), located at 461 Vail Valley Drive. Also proposed is a restroom building, "Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses." 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 of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting review of a conditional use permit application to allow for the installation of 10 surface parking spaces and a restroom building at the existing tennis / pickleball courts at 461 Vail Valley Drive. The new parking will result in an increase in the size of the existing use. This expansion of the parking, and the addition of the restroom building, requires a conditional use permit. The one existing tennis court and four pickleball courts will be rebuilt and realigned into six pickleball courts. The courts will be reduced in size and shifted to the west. The realignment of the courts to a north -south orientation is important to avoid a low sun angle during morning and evening play on the courts. Parking is proposed along the west side of the courts within the Chalet Road right-of- way. A small portion of the parking will be on Tract F2, and the remainder of the parking will be within the Chalet Road right-of-way. On street parking is permitted for public parking. The Vail Village Parking Structure is also within a 5 minute walking distance. 14-5-2 B. On Street Parking. On street parking is not permitted for private developments. All public on street parking provided in the right of way shall meet the standards included in this chapter (table 5). According to the Official Zoning Map of the Town of Vail, the subject site is zoned Outdoor Recreation. Public parks and active public outdoor recreation areas and uses, excluding buildings are allowed conditional uses in this district, subject to the issuance of a conditional use permit. Also allowed as a conditional use are "Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. " A copy of the applicant's request has been attached for reference (Attachment A). Changes Since Last Review Since the last review of this application by the PEC on January 25, 2016, the following changes have been made to the proposal: • Shift existing court surface to the west by 9 feet • Reducing the total width of the court area by 3 feet • Encroachment into creek setback reduced from 1,068 sq. ft. to 43 sq. ft. • Creek setback increased to 30 feet at north end, 26 feet at south end • Restroom building now proposed in the southwest corner of the site • 10 parking spaces are now proposed (a reduction of 2 spaces) • Bike rack proposed on west side of courts near entry to courts • Water fountain proposed on south side of courts, near restroom • Sidewalk on west side of courts reduced from 5 feet to 4 feet • Infiltration drain proposed to east of courts to collect water runoff • Riparian appropriate landscaping proposed in creek setback area Town of Vail Page 2 III. BACKGROUND Ownership of Vail Village Filing 5, Tract F2 was transferred to the Town of Vail from Vail Associates in 1985 via Quit Claim Deed. The conditions of the transfer of land included the following two items: a. That the property be used solely as public open space, parking or for public recreation facilities, parks or playground uses; b. That no permanent above -ground buildings or structures other than those used for recreational purposes shall be constructed, located or maintained on any portion of the property. The use of the site as an active public outdoor recreation area was in place prior to October 1985 when the property was conveyed to the Town. At that time, active public outdoor recreation areas were permitted uses on this site, which was zoned Agriculture and Open Space district. The tennis courts were lawfully established when constructed. In 1995 the property was rezoned to Outdoor Recreation (Ordinance 19, Series 1995), and active public outdoor recreation uses were listed as conditional uses. The existing use was lawfully established and no additional permits are required if the use remains active public outdoor recreation area and is not expanded, including no additional parking. The existing use is legal nonconforming by the fact that it does not have a conditional use permit. Since parking and restrooms are proposed, this is considered an enlargement of the use. Approximately three years ago, one of the tennis courts was converted to four pickleball courts. The other tennis court remains today. This application was reviewed by the Planning and Environmental Commission during the public hearing on January 25, 2016. At that meeting, the Commission discussed parking, restrooms and sound barriers. There was also a discussion over the setback from the existing creek to the east of the existing courts. IV. APPLICABLE PLANNING DOCUMENTS CHAPTER 12-16: CONDITIONAL USE PERMITS (in part) SECTION 12-16-1. PURPOSE; LIMITATIONS.- In IMITATIONS.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 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 Town of Vail Page 3 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. 12-10-10 Parking Requirements Schedules Recreational facilities, Parking requirements to be determined public or private by the planning and environmental commission CHAPTER 14: SUPPLEMENTAL REGULATIONS (in part) 12-14-17. SETBACK FROM WATERCOURSE Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. CREEK OR STREAM: A body of flowing water indicated as a perennial stream on the most recent USGS topographic map of the area. V. SITE ANALYSIS Existing Zoning: Outdoor Recreation Existing Land Use Designation: Village Master Plan Mapped Geological Hazards: None Standard Allowed / Required Existing Proposed Site Area N/A .60 acres 0.60 acres Site Coverage 5% 0% 0.5% (144 sq. ft.) Setbacks 20 feet N/A 20 feet Creek Setback 30 feet 18.5 feet 26.3 feet Height 24' sloping / 21' flat 10' (Fence) 11' 10" (Restroom) GFRA N/A 0 0 Density N/A 0 0 Landscaping Per DRB review 11,496 sq. ft. 11,718 sq. ft. Parking Per PEC review None 10 spaces The creek to the east of the property is a diversion channel that was installed to divert water from Mill Creek. Control of the water flowing into this creek is controlled by Vail Resorts within the ski area property. The creek is shown as a perennial stream on the most recent USGS topographic map of the area. As a result, Section 12-14-17 does Town of Vail Page 4 apply. Below is an image from the USGS Map Locator and Downloader at www.store.usgs.gov. 16601 FE The existing setback to the creek is 18.5 feet at the nearest point, which is nonconforming to the required setback. The proposed setback would be 26.3 feet at the nearest point. As a result of this increased setback, the water quality infiltration to the east of the courts, and the riparian landscaping buffer, the Community Development Department believes that the intent of the creek setback has been met. Also, per Section 14-10-9, recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and/or aesthetically. 14-10-9 FENCES, HEDGES, WALLS, AND SCREENING 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 desiqn review board if it determines that their location is not detrimental environmentally and/or aesthetically. A condition of approval has been added that the applicant shall obtain approval from the Design Review Board that the location of the courts is not detrimental environmentally and/or aesthetically. VI. SURROUNDING LAND USES AND ZONING Zoning District Vail Village Townhouses High Density Multiple Family Ski Base Recreation High Density Multiple Family Town of Vail Page 5 Existing Use North: Medium Density Residential East: High Density Residential South: Ski Base West: High Density Residential Zoning District Vail Village Townhouses High Density Multiple Family Ski Base Recreation High Density Multiple Family Town of Vail Page 5 VII. REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff finds the conditional use permit request consistent with the development objectives of the Town of Vail. Specifically, the conditional use permit addresses a goal identified in the Vail Comprehensive Plan to maintain and improve the recreation facilities. Upgrading the courts and changing to pickleball also helps to meet the goal of evaluating current recreational programming, facilities and amenities and ensure they meet the needs of all users on a year-round basis. The proposed parking will help to ensure adequate parking for the users of the pickleball courts and thus reduce impacts on adjacent properties. In doing so, this increase in parking supply 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. The revised court location and design helps the project to meet the intent of the setback from creeks. The court is setback from the creek by 30' on the north, and by 26' on the south. The proposed infiltration drain will also collect runoff from the courts and allow water to filter through the ground, also helping to improve water quality in the creek. Goals for Parks and Recreation in the Vail Comprehensive Plan: Goal #1: Evaluate current recreational programming, facilities and amenities and ensure they meet the needs of all users on a year-round basis. Goal #3. Conduct necessary capital improvements of Vail's current recreational facilities and amenities to meet high standard of quality for users. Staff finds that the proposed conditional use request to provide parking and reduce the size of the pickleball courts: • 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, • furthers the development objectives of the Town. Staff finds this criterion to be met. Town of Vail Page 6 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. Approval of the site for vehicle parking ensures that 10 public parking spaces located elsewhere in Town remain available for their intended purpose and meet the parking needs for uses of this recreation facility. This use will also help to meet the increasing demand for pickleball in the community. 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 parking spaces will be through existing curb cuts on Vail Valley Drive. Chalet Road will remain available for snow storage in the winter when the pickleball courts are not in use. 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. Chalet Road is currently used informally as parking in the summer. The character of the area will remain, and the height of the existing fence is proposed to be reduced from 10' to 8' tall. The design of the fence will be reviewed by the Design Review Board. The site will be well landscaped, and the applicant has agreed to install sound barriers on the fencing of the courts if noise is a problem in the neighborhood. In order to reduce visual impacts and maintain a breeze inside the courts, the applicant proposes to wait on installation of sound barriers until there is a demonstrated need. 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. Town of Vail Page 7 An environmental impact repot is not required by chapter 12. Water quality is being addressed through the installation of a water quality filtration drain on the east side of the courts to collect water runoff from the courts. The Gore Creek Strategic Action Plan also calls for the installation of a water quality feature along the north side of Gore Creek Drive near the western edge of the Texas Townhomes (about 140 feet to the northwest). The design of the water quality feature in the right-of-way is not yet determined. This action plan is budgeted, but the final plan has not yet been adopted by Town Council. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves the conditional use permit. 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 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 12-88-3, Conditional Uses, Vail Town Code, to allow for the expansion of public parks and active public outdoor recreation areas and uses, excluding buildings, located at 461 Vail Valley Drive, Vail Village Filing 5, Tract F2, and setting forth details in regard thereto. " (PEC 15003 7) Conditions - 1. Applicant shall at all times abide by the Conditional Use Permits regulations, Chapter 16, Title 12 of the Vail Town Code. 2. This conditional use permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 3. The parking area approved by this conditional use permit is a seasonal use which shall be made available annually for snow storage between December 1 and April 1 of the following year. 4. Hours of operation shall be from dawn to dusk. 5. Artificial lighting of the courts is prohibited. 6. Amplified sound and loudspeakers are prohibited. 7. Sound barriers shall be installed within one (1) year if there is a demonstrated need to reduce noise from the proposed courts. Sound barriers may be installed Town of Vail Page 8 incrementally on various sides of the courts to address noise complaints from specific properties or directions. 8. Prior to demolition of existing courts and/or construction of new courts, applicant shall install silt fencing or other appropriate erosion control features to prevent degrading of water quality in the creek to the east of the courts. These erosion control features shall remain in place until the final landscaping is installed and vegetation is established. 9. Prior to start of construction or issuance of a building permit, the applicant shall obtain approval from the Design Review Board with a specific finding that the location of the courts is not detrimental environmentally and/or aesthetically. 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 January 25, 2016 and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District. 2. The proposed location of the use 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. Site Plan & Elevations B. Google Map of Existing Conditions C. 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Frontage Road - Vail, Colorado, 81657 Call to Order Members Present Brian Gillette, Ludwig Kurz, John Rediker, Henry Pratt, John Ryan Lockman Members Absent: Kirk Hansen, Webb Martin SiteVisits: 1. Vail Cascade Resort & Spa - 1300 Westhaven Drive 2. Villa Valhalla, Unit 10 - 384 Gore Creek Drive A request for the review of a variance from Section 11-6-3: Business Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a free standing business identification sign, located at 223 Gore Creek Drive (White Buffalo Restaurant, Creekside Condominiums)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160001) Applicant: White Buffalo Restaurant, represented by Elevation Resort Management Planner: Jonathan Spence Action: Approve with Conditions Motion: Rediker Second: Kurz Vote: 5-0-0 Jonathan Spence introduced the project. Free standing signs are not allowed without a variance. He showed photos of the location of the business. Line of sight to signage location would otherwise be difficult to see. He showed the location of past signs for menu boards. Staff recommends approval based on the criteria in the Town Code. Conditions of Approval include not allowing the menu board in this location. Pratt — Existing sign should come down if this is approved. Spence — Existing sign has a time limit. It must be removed before this sign is installed. Rediker — Are menu boards different from other signs? Spence — Yes, menu boards can be in other locations that primary signs cannot. David Segerdal — A number of restaurants have been in that space. It's hidden in spring and summer when trees bloom. A sign where the past menu board was located is not much to ask. Public Comment— None Gillette — Agree with staff recommendation, Rediker — Looking at criteria in 11-10-1, looks like we do have physical limitations, Kurz — Agree with comments made so far. Pratt — Agree with staff. 2. A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Corridor #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) Applicant: Jose Pedro Valenzuela Rionda, represented by Pierce Architects Planner: Jonathan Spence Action: Recommendation of Denial to Town Council as Criteria #2, #3, and #5 have not been met Motion: Gillette Second: Kurz Vote: 4-1-0 (Lockman opposed) Jonathan Spence introduced the topic and explained the different types of applications related to view corridors. One is an encroachment, and the other is a change to the view corridor. He explained with photos where the addition is proposed. Property is using the "250 Ordinance" to add square feet. He also showed images of how the view would be affected and where the encroachment would take place. Portion of the addition in the view corridor is a dormer on the roof. He reviewed the View Corridor Encroachment Criteria in the Town Code. Due to the Founders Garage already encroaching, the proposed encroachment is very minor and there are no other options for expansion of the condominium. Pratt — It would be good to get on record the reason that the Founders Garage was built as is. Spence- It appears to be an oversight that Founders Garage was built within the view corridor. Bill Pierce, Architect — Discussed some of the slides and photos and how the encroachment would be minimized. Space is partially used for sleeping spaces. Low headroom in this space. Height is about 6'6". We designed this to be as minimal impact as possible. Public Comment - Art Carroll, 385 Gore Creek Drive, 30 year resident. I stood on the view corridor point. If we have a view corridor, and someone takes a little bit, where does it stop, when does the Town stop selling itself? It takes fortitude to say no the first time, but easier to say no the second time. April Carroll — I stood in front of Troy's to see the encroachment. The trees are the encroachment now. After this, it will be built. Why have view corridors if we allow people to build into them? Final Comment - Lockman — I tend to agree with the public. Where do you stop? Applicant has shown the minimal amount that the proposed project will encroach. Agree with staff. Kurz — View corridors have been sacred over the past few years. This one is already encroached upon. Don't recall how this encroachment happened. Does it show in Town records? (Spence- No.) Hopeful there is another solution. Rediker — Difficult time with this encroachment. Embarrassment to the Town how this one happened at Founders Garage. Proposed encroachment is minor in nature, but an encroachment nonetheless. There are criteria we need to consider. Application needs to meet all other criteria. Difficulty seeing how it meets #2, protecting the view corridor. Struggling with #5 as well. Founders Garage has completely destroyed this view, but at some point we need to put our foot down. Not sure how I will vote. Gillette — Where do you stop? As I look at this, I ask how you get the view back. Founders Garage, its likely mechanical space on the top of that garage. It's possible to get this back from the Founders Garage, but not once you put up living space. Council should look at an amendment to the view corridor. Town Council should look at this to determine if they want to protect this view, by working with the Founders Garage. Use eminent domain to fix the mistake we made. Pratt — Brian makes a good point. View corridors have been sacrosanct. Appreciate attempts to minimize the impact. It's a tiny sliver, but then the next guy needs more encroachment. I don't think we can do this. If the Town Council wants to change the view corridor, that may be an impetus to approve this. Pierce — If the Council does not want to make any changes to the Founders Garage, would this be a minor encroachment? Would this be palatable if the Council decides not to make a change? Pratt — If Council decides not to make a change, I would not support this application Gillette — If Council redraws the line to be above the Founders Garage. Lockman — Feel that the criteria have been met, but agree that it could be amended. The Commission discussed the options for approval, denial, or attaching conditions to the approval 4. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units but are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (PEC160003) Applicant: Town of Vail Planner: Jonathan Spence Action: Recommendation of Approval to Town Council Motion: Rediker Second: Kurz Vote: 5-0-0 Planner Spence introduce the projects and the history of this proposed code amendment. These lots were constructed upon as a duplex in Eagle County prior to annexation. Lots are nonconforming since they are less than 14,000 sq. ft. Owners cannot use the available GRFA. Nonconforming section of the code assumes that nonconforming uses or structures will go away someday. In this situation, that premise may not be valid. None of the properties have become conforming since annexation. Small 250 sq. ft. additions have been allowed over time, and properties have been allowed to subdivide. This proposal does not change the minimum lot size, change allowed density or GRFA, site coverage, etc. This change will only apply to these specific properties. Properties must meet these specific criteria. Result would allow use of GRFA and would allow demo/rebuild. Consequence of not changing code is that properties begin to age; many of these properties have not been upgraded. Public Comment — Mike Mathias, live on Black Bear Lane in East Vail. At least 40-50% of my property is the creek. Any efforts I have made to upgrade the property have met with disapproval. All I can do is basic maintenance. I can't add on since I don't meet variance criteria. I recommend changes to this policy. Otherwise I can't upgrade property as is needed. Tim Howard - 5123 Black Bear Lane — This change would be immensely helpful to help us to upgrade our property. We own and live here. We support this recommendation Christie Hochtl - 890 Red Sandstone — A few years ago our renters moved out. The way our home sits on the lot, we had an opportunity to condominiumize the lot. Home sits awkward on the lot. We would be in favor of this being passed. If we wanted to demolish and rebuild, that would be good for passing this property to our children. Great location, not confined since we border the park. We have used some of our GRFA to modernize. We are very much in favor of this passing. Susan Bird 1771 Alpine Drive — Bought 32 years ago in Eagle County, and voted to get annexed into Vail. This lot is fractions off from being eligible for Primary/Secondary. Final Comments — Gillette — Like what staff has done, support this. Rediker — Agree in all respects with staff analysis. Kurz — Want to verify that I don't have a conflict of interest due to my relationship with neighbors affected. I paid $1,800 for the lot. Lockman — Good to hear from the public on this issue. Pratt — Criteria have been met, these 35 properties should have an exception. 5. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, major interior renovation, new fitness area, new spa for guest use, new entry vestibule and a modified porte-cochere in the Vail Cascade Resort & Spa, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC160002) Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Chris Neubecker Action: Recommendation of Approval to Town Council with Condition Motion: Kurz Second: Rediker Vote: 4-0-1 (Pratt Recused) Condition: The proposed pool shall be reviewed and approved by the Planning and Environmental Commission. Henry Pratt recused himself from the hearing due to a conflict of interest. Planning Manager Neubecker introduced the proposed amendment to the Vail Cascade Hotel. Reduction in accommodation units is primary reason this is a major amendment. Other changes in uses are also to be considered. New ownership has certain improvement requirements to bring the hotel up to their standards. The primary change on the exterior is a new porte-cochere (covered entry for vehicles). Other exterior change include a change from wooden to stone panels on entrances, changes to the terrace, and a change in the size of landscape island. The current hotel does not experience full occupancy and it is hoped that the upgrades and management will increase occupancy despite a reduction in the overall amount of units. The staff report highlights the extent of the proposed changes, including a reduction in approximately 2,000 sq. ft. of GRFA and a slight increase in commercial space. No parking changes are proposed. Changes to the tennis facilities have already been approved under separate application and are not a requirement of the SDD. There is no change to employee housing or height. There are minor change to site coverage and landscaping. Staff finds the proposal meets the criteria for SDDs and recommends approval, with one condition. Rediker asked for Commission comments. Lockman asked about a comment on the staff report regarding the maximum number of units Neubecker confirmed that the existing conditions exceed the maximum number of 289 units. Lockman commented that the change in landscaping seems like a lot of square feet, but only a very small percent change. Neubecker responded that the percent change is very small based on the relatively large size of the site. Gillette asked what other documents regulate the property, to which Neubecker responded just the Town Code and existing SDD. Gillette asked about AUs (accommodation units). Neubecker responded that because it is not part of Lionshead, reduction of accommodation units is not regulated by the master plan. Gillette asked what specifically causes the proposal being a major amendment, to which Neubecker responded that a reduction in the amount of accommodation units requires a major amendment, per Town Code. Gillette asked if staff knew why the site is noncompliant in regards to landscaping to which staff did not have any information explaining why it was out of compliance. Rediker commented about the location review criteria used by staff. He then asked about AUs being mentioned in the Vail Land Use Plan, to which Neubecker responded there is no requirement within the Vail Land Use Plan to preserve AUs. Rediker asked if there are specific documents like the Lionshead Plan which require the preservation of AUs, to which Neubecker responded in the positive, but this is not within the Lionshead area. There are no such statements within the Cascade SDD. Gillette asked what landscaping percentages existed on other sites. Dominic Mauriello responded he can address that question in his presentation. Dominic Mauriello, MPG, consultant for the Applicant, began by introducing the development and team and referencing a PowerPoint presentation. Philip Cyburt of Laurus Corp. reviewed the proposed investment in the redevelopment of the property. Investment will be made into the hotel, but also the hotel will be branded as part of the Starwood Luxury Collection. Enhanced booking systems and marketing are part of this improvement. The reduction in rooms is due to a desire to be competitive within the luxury market by increasing the amount of suites and to have a spa within the hotel. Cyburt continued by summarizing the applicant's vision for the redevelopment of the hotel. The hotel will need to be temporarily closed to accommodate the construction of the improvements. A subsequent application for improvements to the Aria Health Club is anticipated in the future. Mauriello summarized the SDD amendment and the sensitivity to a reduction in AUs. The SDD is one of the few SDDs within the town that has multiple owners. Dominic speculated that sometime in the 1990s part of a salon was converted to four additional hotel rooms. Based upon what the original ordinance stipulated, the proposed reduction is only three AUs less than the established maximum. Dominic provided statistics regarding occupancy and noted that over the last three years, only 0.05% of the time was the hotel over 285 units occupied. The reduction should have a minor impact and the upgraded rooms will help increase the aggregate rate. Dominic referenced an image depicting the location of the rooms to be eliminated. He then referenced the proposed improvements specified in the application, including changes to the bar and restaurant floor plans, expanded terrace area, remodeled lobby, common areas, and conference and meeting rooms. John Garth, General Manager of the Cascade Hotel, was introduced to speak of the impact of updated conference and meeting rooms. Right now, the hotel is limited to second and third tier groups. However, the footprint should allow for the hotel to be a premier space capable of accommodating first tier groups. Mauriello continued discussing the proposed improvements, including an on-site spa and salon, fitness area, and kids play area. Discussing the exterior improvements Dominic described the porte-cochere and terrace improvements. The location of the terrace improvements is where the loss of landscaping occurs. In regards to the zoning analysis, there are no other issues outside of the reduction in the number of rooms. The issue of parking was then discussed. The existing parking structure is compliant with the SDD Dominic expressed his belief that because they are not changing the conference facilities, they should still be subject to the required 35 parking spaces for conference use, not the 69 spaces identified within the staff report. In regards to the tennis court conversion, Dominic stated that the tennis courts were not a required improvement and noted that the structure was designed to accommodate parking. After the conversion, there will be a surplus of 26 parking spaces beyond what is required. Employee housing is only required when adding area, but Dominic stated that the proposed changes actually reduce the demand for employee housing. Dominic concluded by reviewing the criteria for approval of a major amendment. Rediker asked for commissioner comments. Lockman asked for an explanation as to how the employee housing demand decreased. Dominic referred to a table on a slide that calculated the change in floor area with each specific use. Gillette asked for more information on the loss of landscaping to which Dominic referred to a slide and identified an area where a pool could be located, thus resulting in a loss of landscaping. Gillette asked for information about the amount of landscaping at other similar properties. Dominic responded that it depends on location and the applicable regulating documents. Gillette asked staff to check on the amount of landscaping required within the Public Accommodation (PA) zone district, to which Neubecker responded that 30% is required. Rediker asked if the SDD regulates setbacks from the bike path, to which Dominic responded in the negative. Rediker asked for clarification if the creation of suites would also result in the loss of beds, to which Dominic and John Garth responded that they should have the ability to sleep the same number as before through the use of pull-out couches. Public Comment - None Final Comments — Lockman stated that the loss AUs is a concern, but the overall need to renovate the property makes sense and he can favor approval. Kurz stated that he is also in favor of the proposal and through personal experience he felt the addition of quality improvements offsets the loss of AUs. He asked for confirmation that the parking is compliant, to which Neubecker responded in the positive. Gillette concurred with staffs recommendation and favors the proposal, despite his concern regarding the loss of landscaping. Rediker noted that there is not a prohibition against reducing the amount of AUs and based on existing low occupancy rates that it should not be an issue. Rediker expressed concern regarding the loss of landscaping, especially in placing concrete in an area where buffers along Gore Creek are needed. Rediker stated that he is concerned about approving the changes to the terrace without a definite plan moving forward. Rediker suggested approval of the terrace be subject to future PEC approval. Gillette agreed with Rediker's suggestion. Neubecker asked for clarification of the area to be subject to future approval, which should be the pool and not the terrace. Rediker described the area in which the future pool may be proposed. Gillette suggested the review of a stormwater plan. Neubecker stated that there are existing stormwater regulations within the existing SDD. After discussion regarding conditions of approval, Ms. Sarah Baker, attorney for the applicant, suggested agreed upon language that a future pool would be subject to PEC review. 6. 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 redevelopment of the former Cascade Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was previously approved most recently in 2007 and expired on June 1, 2015. (PEC150014) Table to February 22, 2016 Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to February 22, 2016 Motion: Kurz Second: Rediker Vote: 5-0-0 7. A request for review of a Conditional Use Permit pursuant to Section 12-813-3 Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code, to allow for the installation of parking in the Chalet Road right -of- way and the conversion of the existing tennis courts to pickle ball courts, located at 461 Vail Valley Drive, Tract F2, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150037) Table to February 22, 2016 Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Table to February 22, 2016 Motion: Kurz Second: Rediker Vote: 5-0-0 8. Approval of Minutes January 25, 2016 PEC Meeting Results Action: Approve Motion: Gillette Second: Rediker Vote: 4-0-1 Ludwig Abstained) Lockman pointed out an error in the spelling of his name in the minutes. Henry Pratt stated that there is an incomplete sentence regarding a statement he made. 9. Informational Update Energy Update - Environmental Team Mark Hoblitzell provided an update regarding the town's energy usage. Energy is purchased from Holy Cross Energy. Since 2006, Holy Cross has seen a reduction in CO2 intensity from approximately 2 Ib/kwh to 1.5 Ib/kwh. Coal accounted for approximately 62% of their energy source in 2014. Natural gas accounted for approximately 16%. In regards to the town's consumption, from 2006 to 2015 a 31 % reduction in electricity use has been achieved. LED upgrades in the parking structures and the construction of other new facilities have increased efficiency. Gillette asked what the cost was to achieve a 31 % reduction and if it is realistic to achieve another 20% reduction in four years. Kristin Bertuglia estimated that approximately $4 million dollars have been spent and there is approximately a 15 year payback. Gillette asked which programs have the shortest payback, to which Kristin responded lighting. Hoblitzell summarized a table depicting the yearly cost reductions and reminded the PEC that there have been two rate increases in this time. Solar energy has been added at the Lionshead Transit Center and Vail Village Welcome Center. Lockman asked how we can achieve energy use reduction for homeowners and businesses. Mark stated that the town has been active with many partners on education programs and offering rebates. Kristen stated that the International Building Code has incorporated energy efficiency requirements. Gillette asked if the town can get information by each meter within the town, to which Kristen responded the information is currently only available at a substation level. George Ruther stated that some of the commissioner's terms were ending in the future, but applications can be made for reappointment. 10. Adjournment Action: Adjourn Motion: Rediker Second: Kurz Vote: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Ad Name: 11894103A 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 2/5/2016 and that the last publication of said notice was dated 2/5/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 02/09/2016. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 02/09/2016. � 2M 4, & 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 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 February 22, 2016 at 1:00 pm in the Town of Vail Municipal Building. A request for review of a Minor Exterior Alteration, pursuant to Section 12-713-7, Vail Town Code, to allow for the addition of a new elevator, expansion of the 2nd and 3rd floor landings and revisions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC160004). Applicant: Mill Creek Court Building HOA, repre- sented by Snowdon and Hopkins Architects Planner: Matt Panfil A request for a recommendation to the Vail Town Council to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short-term rental as a rental for a period of time not exceeding 30 days. The Town Council desires to amend Section 12-2-2 to ensure consistency with Section 4-1-2 of the Vail Town Code.(PEC160005) Applicant: Town of Vail, represented by Matt Mire Planner: Brian Garner 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 February 5, 2016 in the Vail Daily. (11894103) Ad Name: 11926489A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM February 22, 2016,1:00 PM Vail Town Council Chambers Your account number is- 1OP2P 33 75S. Frontage Road - Vail, Colorado, 81657 ��,�ll Vi ViiDaily 1.Call to Order Site Visit: 1.) Mill Creek Court Building - 302 Gore Creek Drive PROOF OF PUBLICATION 2. A request for review of a Minor Exterior Alter- ation, pursuant to Section 12-713-7, Vail Town Code, to allow for the addition of a new elevator, STATE OF COLORADO } expansion of the 2nd and 3rd floor landings and re - visions to exterior door(s) and window(s), located at 302 Gore Creek Drive (Mill Creek Court }SS. Condos)/Lot I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC160004) COUNTY OF EAGLE } - 30 Min. Applicant: Mill Creek Court Building HOA, repre- sented by Snowdon and Hopkins Architects Planner:Matt Panfil I, Don Rogers, do solemnly swear that I am a qualified 3. A request for a recommendation to the Vail representative ofthe Vail Daily. That the same Daily newspaper Town Council for a zoning text amendment pursu- ant to Section 12-3-7 Amendment, Vail Town Code printed, in whole or in part and published in the County to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in of Eagle State of Colorado and has a general circulation order to define a short- term rental as a rental for a Period of time not exceeding tdays. This text that Section 12-2-2 is > > therein; that said newspaper has been published continuously amendment will ensure con- sistent with Section 4-1-2 of the Vail Town Code (PEC160005) - 15 Min. and uninterruptedly in said County of Eagle for a period of Applicant: Town of Vail, represented by Matt Mire Planner:Brian Garner more than fifty-two consecutive weeks next prior to the first 4. A request for review of a Conditional Use Per- mit pursuant to Section 12-813-3 Conditional Uses, publication of the annexed legal notice or advertisement and Vail Town Code, in accordance with the provisions that said news a er has ublished the re uested le al notice p p p q g of Section 12-16 Conditional Uses, Vail Town coal, to allow for the installation of parking in the and advertisement as re uested. quested. Chalet Road right -of- way and the conversion of the existing tennis courts pickle ball courts, lo - ve, Tract F2, Vail Vil- Gated at 461 Vail Valley Drive, lage Filing 5, and setting forth details in regard thereto. (PEC150037) -45 Min. The Vail Daily is an accepted legal advertising medium, Table to March 14, 2016 only for jurisdictions operating under Colorado's Home Applicant: Town of Vail, represented by Todd Op - penheimer Planner: Chris Neubecker Rule provision. 5. A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pur- That the annexed legal notice or advertisement was suant to Section 12-9A-10, Amendment Proce- dures, Vail Town Code, to allow for the redevelop- published in the regular and entire issue of every ment of the former Cascade Village Theater and Colorado Mountain College property to include 14 number of said daily newspaper for the period of I dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of ex- isting commercial, retail and office space, located consecutive insertions; and that the first publication of said at 1310 ven Drive/Cascade Village, and notice was in the issue of said news a er dated 2/19/2016 and setting forrthth ddetetails in regard thereto. This project was previously approved most recently 20 and p p expired on June 1, 2015. (PEC150014) - 5 Min.n. that the last publication of said notice was dated 2/19/2016 in Table to April 11, 2016 the issue of said newspaper. Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 6. Approval of Minutes In witness whereof, I have here unto set my hand this day, February 8, 2016 PEC Meeting Results 03/07/2016. 7. Informational Update 8. Adjournment The applications and information about the propos- /} §VZ= als are available for public inspection during regu- lar office hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- General Man ager/Publisher/Editor tion and the site visits that precede the public Vail Dail hearing in the Town of Vail Community Develop - ment Department. Times and order of items are y approximate, subject to change, and cannot be re- Subscribed and sworn to before me, a notary public in and for lied upon to determine at what time the Planning and Environmental Commission will consider an the County of Eagle, State of Colorado this day 03/07/2016. 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, Telecom- munication Device for the Deaf (TDD), for informa- tion. Community Development Department Published in the Vail Daily February 19, 2016 (11926489) Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019