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HomeMy WebLinkAbout2016-0314 PECPLANNING AND ENVIRONMENTAL COMMISSION T(�4'Vr"JF 9�d� March 14, 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, John Ryan Lockman, Kirk Hansen, Henry Pratt Members Absent: Webb Martin Site Visits: 1) Booth Creek Park - 2900 Manns Ranch Road 2) Red Lion Condos - 304 Bridge Street 2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Section 11-7-15 Ski Base Area Signs, and setting forth details in regard thereto. (PEC160007) Applicant: Vail Resorts, represented by Mauriello Planning Group Planner: Brian Garner Action: Approval, with amendments Motion: Rediker Second: Kurz Vote: 6-0-0 Brian Garner presented the proposal per the staff memorandum. Code is not clear; current code prohibits commercial advertising. Epic Discovery signs are desired, but are technically commercial activities. Applicant is requesting a change to the text of the code. If approved, this change will apply to all base areas of the Town. Staff believes that more clarity in code is needed. PEC is asked to make a recommendation to Town Council. Allison Kent from Mauriello Planning Group (MPG) is here representing the applicant. Allison Kent, MPG — Intent is to seek more clarity. We worked closely with staff to coordinate the proposed language. Pratt — Are these signs electronic? Jeff Babb, Vail Resorts — One of the signs is electronic. This will also go through DRB this week. Garner — Code was amended in 2010 to make changes to ski base signage Pratt —Will the signs be bright? Babb — They will be LED. We would be able to display operational information on the sign, only during daylight hours, turned on 30 minutes before the ski area opens. Hansen — Are there options for people with visual challenges (blind)? Babb- There is no current plan for sight challenged people to be accommodated with these signs, but this may be considered moving forward. Public Comment - None Gillette — Agree with staff. Rediker — We can achieve what the applicant wants without broad text changes. That language was put into the code for a reason. Not limited to eating and drinking establishments. First change proposed is fine; I don't agree with second change on eating and drinking establishments. Language on seasonal offerings on the mountain allows the applicant to install signs that they propose. Paragraph A (1St part ok to change, but not 2nd). Preference to strike Section A.8.c Kurz — Agree with Rediker's proposed language. Are there any competitive advantages to one applicant vs. another recreation provider? Garner — We are specifically trying to avoid advantages to marketing eating and drinking establishments as originally intended by the 2010 amendment. Hansen — Support Rediker's proposed changes. Would like to hear from the applicant. Babb - Vail is the exclusive permit holder for activities in the Forest Service Properties. Therefore should not be competitive advantage. Lockman — In general, this change provides clarity. Pratt — In general, this change is a good thing. Agree with Rediker that we are opening the door to some commercial use that is a step beyond. Gillette — Are we allowing these uses because they are recreational uses, and not other types of commercial uses? Rediker — Because they are recreational uses that generate revenue, are they allowed or are they commercial? That's why they are requesting these changes. You just don't know what may come down the pike. But if we can make the change it could be viewed as broad. Rediker— Motion to approve, amended as follows: Section 11-7-15, second proposed change in paragraph "A" to retain "commercial uses" and strike "retail stores and eating and drinking establishments." 8b proposed language approved. 8c changes not to be included, but retain existing language. 3. A request for review of a Major Exterior Alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of 1,193 square feet of gross residential floor area (GRFA), located at 304 Bridge Street Units R2 & R3 (Red Lion Inn Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160008) Applicant: Oscar Tang & Blue Mountain Investments, represented by J+A Architects aka VAg Architects Planner: Brian Garner Action: Continued to March 28, 2016 PEC Motion: Gillette Second: Kurz Vote: 6-0-0 Brian Garner — PEC review is to consider the proposed form and location of improvements including siting, setbacks, height, bulk and mass, site improvements and landscaping. If approved today, then the Design Review Board (DRB) review is next. Final approval of the design would be by the DRB. Architect, Brian Judge is representing the applicant and is here to present. Rediker — Question on Urban Design Guide Plan, pages 7-9 in memo: Do all of these come from the Design Guide Plan? Garner — Yes. He referenced the sub -heading for Vail Village Design Considerations on page 7. Rediker — Major issue from my understanding is the sun and shade analysis. I would like to know what the Urban Design Guidelines say about sun and shade. I would like to know if that is the verbatim language in guidelines. Brian Judge, Architect — One of the clients was trying to attend today, but the pass is closed. We have reviewed the documents to see what the requirements were on bulk, height, etc. Our code analysis led us to understand that there is 2,213 sq. ft. of GRFA remaining on the property. We spent a lot of time reviewing the Vail Village Design Plan and the Urban Design Guide Plan. There are three residential density units on the property, and that will remain. We are trying to be respectful to Mill Creek. Building has not had much renovation in a long time. That area of Town had some significant changes starting in 2007, including the Rucksack Building. Enclosure of the patio at the Red Lion occurred, but not additional GRFA. Site sits at about 83% site coverage. This building crosses the property line slightly, and the building to the north also crosses the property line. Streetscape Master Plan was reviewed, but does not really apply to this case. There are five primary urban design considerations. Mr. Judge reviewed the proposed plans. Height allowed is a 60/40 split. 60% can exceed 33 feet and none can exceed 43 feet. The building is within height limits. Guidelines talk about presentation of the building to the street. Stairs to the north are old and not well built. Canopy was added in 1980s, and it's included in site coverage. New design will be cleaner and more architecturally consistent. Red Lion Restaurant has a Class -A hood. Venting and egress of that hood discharges on the roof. There is a series of access doors on the roof, near the discharge of the fumes from the restaurant. The discharge is below the roof ridge. Proposal would alter the hood to discharge further from the Village pedestrian area. Bulk and scale model was shown to the Commission. Stair enclosure was reviewed. No change proposed to the materials. We are trying to embrace the indigenous architecture in a high quality way. Pedestrianization from Design Guidelines was reviewed. New design will have much quieter exhaust fans, with access from inside. New exhaust chimneys will be raised up to 14 feet to get smells farther away. Judge reviewed the Urban Design Guide Plan, on Pedestrianization. Building has movement to it at the pedestrian level, with niches in and out. Condos on upper level are set back from the street. This allows corner glass on adjacent building retail spaces. We felt that the best location for the addition was on the upper level, to keep the ground level unchanged. This keeps in character of the building as it is today. We spent time looking at the adjacent building. We pulled the northeast quadrant back 19 feet, to help maintain views from the neighbors. He showed areas on the plan where views would be maintained. Street Edge from Urban Design Guide Plan was reviewed. We did not want to change the street edge. There are some nice trees in this area, and places for people to pause. Judge reviewed the two View Corridors in area. Not going any taller than the existing building. Chimney will be raised. But we will stay under the height limit. View Area 4 is between Christy Sports and Hill Building, looking back to the east toward the Gore Range. Our addition and dormer is well behind the Christy Sports building and will not impact the view corridor. Sun Shade Analysis — We started with the sun shade analysis, then pulled the addition back to preserve light and view for the neighbors. We are keeping roofs below existing ridge height. Slight increase of infill will result in some additional shading. GRFA will remain unused on the site. Gillette asked about the dates when sun and shade analysis is performed. Brian Garner explained the requirements, which includes analysis between March 21- September 23. Judge — Current shadow shades adjacent building to the 3-4 foot point above the second story. Character of the architecture is staying the same. Facade materials and Tyrolean architecture has been preserved. Balconies and railings may be replaced. We will discuss in greater detail with DRB. Master Plan calls for upgrading the buildings in the Vail Village. Action Plan calls about the uniqueness of the Red Lion Building. Huge public benefit to clean up the area below the stairs. So will raising the chimney and exhaust from the kitchen. They will both improve health and safety. Master Plan calls for commercial activities in the Mill Creek corridor, but this plan does not impact the creek corridor. Still below building height. Land Use Map calls for a 3-4 story village area, we are well below those heights. Action Plan calls for commercial activities facing Mill Creek, and that is still possible if that is desired. No impacts are proposed on Siebert Circle. Plan also calls for infill developments with Tyrolean architecture. Plan anticipates that the Red Lion building has remaining GRFA and development rights. We are not developing to the maximum density. Architecture using same size detailing, windows, roof overhangs, etc. Hansen - Is exterior being upgraded, or just area of construction? Judge — Just area of construction. Roof has been recently repaired. Hansen — You mentioned there may be minor tweaks to the detailing, railings, etc. Judge —We are within GRFA and massing, height and setbacks. DRB may ask some questions and request changes. If the DRB asks us to move a wall by 4 feet, we would come back to the PEC. Rediker — Please show where the back corner changes are proposed. Judge reviewed the first floor (condo level) plans. Mechanical equipment in the back corner of the condo level. This remodel will allow the mechanical to be moved Rediker — Where will the new kitchen hoods vent? Judge — Pointed to location on the roof where hoods will vent out. He explained how the vents will be combined into fewer ducts. They will vent in northeast corner of the roof. Gillette — Should we come up with a maximum shadow analysis to show what the potential impacts would be? We are not really seeing the impact of the shade. Would like to see impact if the height was at the maximum. Rediker — This plan does not show the full impact on the south elevation of the adjacent. He asked about the code language on shadow analysis and the dates when shading should be shown on the plan. Neubecker and Garner explained the code language. Rediker — Guidelines dictate that we look at two dates (spring and fall equinox). We can't tell from this plan where the shadow falls. Garner — In an urban context, you will have shadows on adjacent properties. Rucksack Building also casts a shadow on property to the north. Pratt — Discussed the code requirements for when a shadow analysis is required. 3D models are shown in a grassy field with no context. I would like to see the south elevation of the Rucksack Building in the shadow analysis. Shadow analysis does not show the windows on the adjacent building. Sheet 3.2 North Elevation, even if you showed the south elevation of the Rucksack in relation to this building, it would be helpful. I would like to see this shadow revision, relative to the existing and proposed. You are adding a lot of mass on the north side. It would help us to understand the relationship of this building to the building next door. It's a relative situation, but it's a shading issue. Gillette — I have no problem with this application. One of the tenets of review is the sun shade analysis but I can't tell if it's substantial. Public Input — Bill Gardner, Unit R-1, Lower Unit in back of Rucksack Building. I also have a letter from the owner of unit upstairs, Unit 2. Applicant made a good effort to accommodate the Town and some of the issues. Rucksack building will submit a series of questions. Height 60/40 split was not addressed well. Back of Rucksack is the same as it was in 1979. This is the second time that the applicant has expanded that unit. Want to see if there is another way to expand without moving toward the Rucksack Building. We are opposed to this design until we understand it better. Final Comments - Pratt — You are proposing to infill area below the stairs; once you enclose the stairs, how will you access these triangles of space? Judge — Stairs are hung from structure above, no foundation below stairs. Access will be provided to these areas. Pratt — On view corridors, would like to see images in the packet Lockman — Although applicant is within the code requirements, there is an impact to the adjacent property to the north. I would like to better understand the impact to the building to the north. Project meets a lot of the Town's goals, but right now I don't understand all the impacts to neighbor. Hansen — Generally in favor of the application. Red Lion is a community gem for residents and visitors. Because of that we are taking a cautious approach. There are impacts, but they are minor. Windows will probably receive less sunlight on some days on the year. Let's look at shade analysis to make a better decision. Kurz — Agree with Hansen, but not enough information. In general it looks to meet most codes, but warrants a closer look. Rediker — Much of the application is within what is allowed for the property, height, GRFA, etc. Walking down Bridge Street, I feel the scale is appropriate, especially looking at other buildings in the area. Generally, the application fits within the goals of the master plan. Also complies with Town Code and Urban Design Criteria, but need to look at the sun shade analysis, but not sure how valid there concerns are, since I don't have enough information. I don't see hard evidence from either side. Comment to Rucksack Building owners, you are coming in late in the game. If you have concern, get those objections in quickly. Guidelines state that they are not intended to limit building height. Gillette — Mimic what Rediker just said. Encourage Rucksack owners to read the packet and report. Pratt — Looks like there is a significant impact on the neighbors light and air, but a right to direct sunlight is not protected. I'm not a lawyer, but I don't believe that views are not protected. 4. A request for the 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 construction of public parks and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC160009) - 60 Min. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Approve with Conditions Motion: Kurz Second: Hansen Vote: 5-0-1 (Pratt Abstained) Conditions: As contained on page 11 of the staff report. Conditions of Approval: 1. 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. 2. Hours of operation shall be from dawn to dusk. 3. Artificial lighting of the tennis courts is prohibited. 4. Prior to issuance of a building permit and any site work, applicant shall install silt fencing or other appropriate erosion control features to prevent degrading the wetlands to the east of the courts and water quality in Booth Creek. These erosion control features shall remain in place until the final landscaping is installed and vegetation is established. 5. No disturbance of the delineated wetlands is allowed. 6. Prior to start of construction or issuance of a building permit, the applicant shall obtain approval from the Design Review Board of the proposed park plans, proposed architecture and landscaping plan. 7. Prior to issuance of a building permit, applicant shall revise the plans to include the Town of Vail standard construction notes. 8. The minimum asphalt section shall be 3" asphalt over 6" base. 9. The minimum concrete section walk section shall be 4" concrete over 6" base. All Concrete paving shall be Class P with fiber mesh. 10. A separate sign permit is required for all signs within the park. All sign posts shall be the standard Town of Vail timber sign post. 11. Prior to issuance of a building permit, applicant shall revise Sheet C1.0 "Grading and Drainage Plan" to provide necessary drainage conveyance under or over the west walk connection. 12. Prior to issuance of a building permit, applicant shall rectify floodplain lines on plan. Per FEMA, use BFE from Flood Profile with updated topography. 13. Prior to issuance of a building permit, applicant shall revise site plans to show that all parallel parking spaces will be at least 9'x24' and a minimum of 5' off the edge of road. Gravel shoulder can be reduced to 12". Applicant shall also show cross - slope of parking spaces on final design plans. Neubecker - Presented an overview of the project, the plans and stated the applicant is the Town of Vail. The applicant is proposing 11 parking spaces including handicapped accessible parking. Applicant worked with children to design the new park and the Art in Public Places (AIPP) board on the design. Note that wetlands are on the site. A proposed trail would cross Town owned stream tract, but there may be other options to consider. Gillette — How far is path from creek? Does it allow views to the creek? Todd Oppenheimer, Public Works — Creek is close in proximity but views uncertain due to heavy vegetation, and creek is lower. No vegetation will be removed in that area and following existing foot path. Gillette — Is the foot path is existing? Oppenheimer — Yes. Rediker — Any additional opening remarks? Neubecker — Finished opening remarks and staff is supportive of the project in general. However, just have some concerns about wetlands and stream tract. Kristin Bertuglia is present to answer questions as well. Lockman —Would like to more information about wetland designation. Oppenheimer — Property was deeded to Town of Vail by Vail Resorts a long time ago. Tennis courts were existing. Likely no wetland at that time, but land was likely low and water has infiltrated from other portions of the site and created a wetland. Staff went through six different iterations of park site designs to come to this design. Current proposed configuration makes the most sense. Tennis courts make more sense to be relocated. Wetlands stay untouched with no grading or construction access near them. Old retaining wall remains in place. Process has been happening for two years with public input. Staff wanted to know concerns of adjacent neighbors, and most residents stated they wanted most existing vegetation left intact. Site has been designed to avoid impacts to large stands of vegetation. Proposed path is located where public stated they wanted to walk. Gillette — What are the paths going to be made of? Oppenheimer — Concrete. He went on to explain the grades and configuration of the paths. Gillette — Other paths are gravel. Why concrete here? Oppenheimer — Neighbors and Council wanted hard surface to be able for small children to ride around in a loop on a bike. Rediker —What kinds of lighting will be used? Oppenheimer — 9 bollard lights around path. Neubecker —Downcast light will be used. Dark sky compliant. Gillette — How will drainage work? Oppenheimer — Explained grading and drainage. Kurz — Believes this is the most vetted park design done by Town with very engaged neighbors. The project has strong neighbor approval. Feels very comfortable with project overall. Hansen —What is the configuration of the restrooms? Oppenheimer — They will be 3 season restrooms fully plumbed. Closed only during middle of winter. Rediker — Clarify on plans the location of restrooms? Oppenheimer — Showed location on site plan. Explained architecture of site buildings including restrooms. Kurz — Who manages the restrooms? Town of Vail or Vail Recreation District? Oppenheimer — Town of Vail. Gillette — What's north of the courts? Oppenheimer — Pathway and a picnic table. Rediker — Where are the parking spaces? Are they head -in parking stalls? Oppenheimer — One head in (for ADA access); others will be parallel. Parking spaces along Manns Ranch Road. Neubecker — Also, there will be bike racks included. Oppenheimer showed locations of racks and showed a drinking fountain location. Gillette — May want to reconsider location of a bike rack right on the trail and put it more in the park where people may be more comfortable leaving their bike, since many bikes are not locked. Oppenheimer — Showed location of picnic shelter with charcoal grill and other picnic tables. Explained movable park furniture will be used so users can manipulate the furniture to better fit their needs. Rediker — Any additional questions? None. Public comment - None. Comments from the Commission. Gillette — Likes the plan. Kurz — Likes the plan. Hansen — Appreciates the public process and likes the design. Lockman — Appreciates the public process and likes the project. Rediker — Appreciates the process and likes the project. Prefers to see stream tract not impacted but is OK with the path crossing the stream tract as proposed. Any other comments or questions? None. Closed comment. Entertain motion. 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Applicant: Town of Vail Community Development Department Planner: George Ruther Action: Table to May 9, 2016 Motion: Rediker Second: Gillette Vote: 6-0-0 6. Approval of Minutes February 22, 2016 PEC Meeting Results Action: Approval Motion: Gillette Second: Kurz Vote: 4-0-2 (Hansen, Pratt Abstain) 7. Informational Update March 28 update from Environmental Team on the Town's natural gas usage. 8. Adjournment Action: Approval Motion: Hansen Second: Kurz Vote: 5-0-1 (Pratt Abstain) TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 14, 2016 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 11-3-3, Prescribed Regulations Amendment Vail Town Code, to amend Section 11-7-15 Ski Base Area Signs, and setting forth details in regard thereto. (PEC160007) ATTACHMENTS: Name: d PEC160007 Staff Memo FINAL.pdf D Attachment A FINAL.pdf D Attachment B FINAL.pdf Description: PEC160007 Staff Memo A. Signage Example B. Applicant Submittal TOWN OF 0) VAIL 1 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3 Prescribed Regulations Amendment, Vail Town Code to amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in order to allow advertising for on -mountain recreational activities and setting forth details in regard thereto. (PEC160007). Applicant: Vail Resorts, represented by Mauriello Planning Group Planner: Brian Garner I. SUMMARY This is a proposal to amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and to be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. The amendment is applicable to the ski base areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the Prescribed Regulation Amendment to the Vail Town Council. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to amend Section 11-7- 15 of the Vail Town Code. The purpose of the amendment is to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the applicant, Vail Resorts will be enabled to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity that is a commercial enterprise. According to the Vail.com website, "Vail's existing Adventure Ridge has already undergone enhancements in preparation for Epic Discovery over the past few years with the addition of a zip line, two challenge courses, a kids challenge course and kids zip line, and summer tubing. All of these activities, along with the Forest Flyer and Game Creek canopy tour, will be incorporated into Epic Discovery when it debuts in summer 2016." Therefore, the amendment is requested by Vail Resorts to allow signage within the ski base area to advertise Epic Discovery. As currently written, staff interprets the prohibition of commercial uses to include any commercial enterprise on the mountain, including recreational activities. The applicant, Vail Resorts is unable to display signage for Epic Discovery as a result of this conclusion. Therefore, this amendment will make clear the distinction between eating and drinking establishments from recreational activities and allow the applicant, Vail Resorts the ability to erect signage for Epic Discovery and similar uses that are clearly distinct from commercial advertising. Definition of Ski Base Area in Section 11-2-1, Definitions: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. Definition of Sign, Ski Base in Section 11-2-1, Definitions: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. Requested Amendment to 11-7-15 Ski Base Area Signs: The proposed amendment to the regulation for ski base area signs are as follows (additions are in bold, deletions are in stFikethF9 ig ): A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi -seasonal recreational efteFings of activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments. . 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrian -ways and a minimum clearance of fifteen feet (15) above vehicular_ ways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A -frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. Town of Vail Page 2 c. Signs advertising on mountain retail stores and eating and drinking establishments•—rem;* cfnroc and esfah/ichmePtsv and a hor nnmmorni-il I eac shall be prohibited. The amendment to the prescribed regulation will use language consistent with the definitions used for the regulation of ski base area signs as shown above and will not affect any other signage category. Additionally, portable signs will continue to be allowed within ski base areas as written in Section 11-9-2(0). Finally, there will be no change to the current process for review and approval of ski base area signs. III. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations Director, performed a walk-through inspection of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because the base areas of Vail Mountain were not located within the Town of Vail boundaries, until annexation zoning occurred in 2006. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs and ticket office signs. Also, the quantity of signs was nonconforming. At that time, the Community Development Department worked with Vail Resorts to draft an amendment specifically for ski base area signs harmonious with the Sign Regulations of the Vail Town Code. On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. 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, 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 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. Town of Vail Page 3 B. Specific. These regulations are intended to achieve the following more specific purposes.- 1. urposes. 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. 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. 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 Town of Vail Page 4 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. The intention is to provide the applicant, Vail Resorts with reasonable and clear parameters to advertise on mountain recreational activities such as Epic Discovery. The proposed amendment to the prescribed regulation for ski base area signs is intended to clarify and differentiate between recreational activities and commercial uses and be consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the intended outcome is the provision of wayfinding directional signage that helps guests better navigate the ski base area and to see the recreational activities available on the mountain. The amendment is not intended to provide the ability for advertising of on -mountain retail stores and eating and drinking establishments that would compete for business with establishments in the Town of Vail. It is the opinion of staff that the word "commercial" is too vague and open to interpretation of how regulations can apply. Additionally, "commercial" is inconsistent with the definition of Sign, Ski Base as it is defined in the Town Code, which clearly was written to permit the advertising of outdoor recreation facilities and activities associated with the mountain. As a result of approval of this Prescribed Regulations Amendment, signs advertising the recreational activities available at Vail Resorts Epic Discovery will be allowed. However, signs advertising on -mountain dining and/or retail options shall continue to be prohibited. VI. CRITERIA FOR REVIEW Section 12-3-7(C)(2) 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 The proposed text amendment is intended to further the general and specific purposes of the zoning regulations by clarifying and differentiating between regulating terminology and definitions used in the Town Code. Consistency of Town of Vail Page 5 terminology and definitions 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 clear and consistent language in the Vail Town Code. Allowing signage that promotes recreational activities available on the ski mountain is beneficial to the guest experience. 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 The current terminology and definitions in the Vail Town Code are conflicting and vague and it is therefore appropriate to amend the text to have clear terminology and 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 clear terminology and consistent defined terms within the Vail Town Code so that land use regulations are consistent with municipal development objectives to effect a positive guest experience. 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 V 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 Vail Town Council to approve the Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. Town of Vail Page 6 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 a Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- That inds. 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 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 • Attachment A: Vail Resorts Epic Discovery signage example. • Attachment B: Applicant Submittal. Town of Vail Page 7 SIGN REGULATIONS AMENDMENT Amending the Special Provisions Applicable to Ski Base Area Signs Submitted: February 15, 2016 Rev. February 24, 2016 u Mauriello Planning Group INTRODUCTION Vail Resorts, represented by Mauriello Planning Group, is requesting a text amendment to the Sign Regulations to provide clarity about the signage allowed at ski base areas, which include the base areas of Vail Village, Lionshead, Golden Peak, and Cascade Village. Vail Resorts approached the Community Development staff to discuss a proposed sign application for Epic Discovery signage at the Lionshead Gondola. Staff expressed some concern about the language of the Sign Regulations with respect to Ski Base Area Signs. Proposed signage to advertise Epic Discovery. If the text amendment is approved, a separate sign application will be submitted for review by the Town. The Sign Regulations currently state the following with regards to Ski Base Area Signage: Section 11-2-1: Definitions: SIGN, SKI BASE: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. SKI BASE AREA: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. 11-7-15: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal offerings of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Vail Resorts would like to erect signs related to on -mountain activities, including the zip line, forest flyer, ropes course, Adventure Ridge, along with a mountain map. One of the signs would be an electronic sign. In reviewing the application, staff determined that the Sign Regulations would need to be amended. Specifically of concern to staff is Section 11-7-15 A. 8.b, which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. The proposed language of Section 11-7-5 is proposed to be amended as follows (text to be deleted is shown as stFokethFo gI , while text to be added is shown as bold underline). 11-7-15: SKI BASE AREA SIGNS: 2 B. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal recreational activities available on ^ff ngs of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments gip' uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on mountain retail stores and eating and drinking establishments, retei-1 ste? s end este" Ren+ ether- eengn9erc es shall be prohibited. 3 CRITERIA FOR REVIEW OF TEXT AMENDMENT The review criteria for a prescribed regulations amendment are provided in Section 11-3-3 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations Applicant Analysis: Section 11-1-2: provides the general and specific purposes of the Sign Regulations: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. The proposed amendment is intended to provide clarity to the section of the Sign Regulations which regulate Ski Base Area Signs, which includes the areas adjacent to the lifts located at Vail Village, Lionshead, Golden Peak, and Cascade Village. The clarification allows the Town to fairly and consistently enforce the Sign Regulations in the Town of Vail, while recognizing the importance of these specific areas as providing unique offerings not available elsewhere in the Town. The proposed amendment also maintains the protections that Vail Resorts cannot advertise on -mountain dining or retail establishments to create unfair competition with these types of establishments located within the Town. This helps to preserve a successful and high quality business environment, aided by signs that direct and inform the public. As a result, the proposed amendment furthers both the specific and general purposes of the Sign Regulations and complies with this criterion. 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 4 Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Village Master Plan: The Vail Village Master Plan was adopted in 1990, with the intent to preserve and strengthen the character of the village, while allowing for limited, controlled growth. It provides the following applicable goals: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. (pg. 8-9) Lionshead Redevelopment Master Plan: The Lionshead Redevelopment Master Plan was adopted in 1998 to encourage redevelopment and new development initiatives within Lionshead. Recognizing that redevelopment in Lionshead was critical for the community to remain a competitive four - season resort, the Town developed the Lionshead Redevelopment Master Plan with the following applicable objectives: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. (pg. 2-2) Vail Land Use Plan: The Vail Land Use Plan was adopted in 1986, with the focus of addressing the long-term needs and desires of the Town of Vail as it matured. It provides goals and policies to guide the Town in making land use decisions. It provides the following: 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 5 1. 3. The quality of development should be maintained and upgraded whenever possible. 2.4. The community should improve summer recreational options to improve year-round tourism. (pg. 4-5) Vail 20/20 Plan: The Vail 20/20 Plan was adopted in 2007, with the goals to create a plan that identifies commonly shared values, create a clear vision for Vail, integrate a plan to coordinate Vail's strategies for the future, and create a plan that transcends the administrations of Town staff, Vail Town Council, and appointed boards and commissions. The Vail 20/20 Plan provides the following: Premier Resort Community: Vail values its role as a premier resort community, which recognizes the interdependent relationship between the resort, community and municipality. Vail's success as a resort depends largely on its success as a community, as the community fosters relationships between locals and visitors. We make plans and take actions that are investments in the experiences and lives of many different generations, today and into the future. It takes work and reinvention to stay No. 1, and Vail is committed to innovation and creativity to achieve our goals. Activities Benefit Individuals and the Community: Vail values a vibrant community life supportive of spiritual and physical well-being and encouraging of intellectual and cultural growth. This value includes providing a wide variety of educational, recreational, entertainment, art and cultural opportunities. These offerings are accessible to all and appeal to residents and guests of all ages, incomes and interests. These activities promote the development of relationships that strengthen the community. Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure overtime. (pg. 3) The Vail 20/20 Plan provides specific goals and implementation strategies which are furthered by this proposed amendment: Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. Make amendments to the Vail Town Code to reflect planning document updates, including the Sian Regulations, Zoning Regulations and Development Standards Handbook. (pg. 4) 6 As Vail Resorts continues to expand its on -mountain, multi -seasonal recreational offerings, the goals and objectives listed by the Town of Vail in all of its comprehensive planning effort are also furthered. Updating the Sign Regulations to create clarity in how these new recreational offerings are advertised is an important implementation step to further these goals. The proposed amendment adds more clarity, while maintaining the protections against advertisements for on -mountain commercial uses such as restaurants and retail establishments. As a result, the proposed amendment complies with this criterion. 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 Applicant Analysis: Vail Resorts launched Epic Discovery in 2012, a comprehensive program of summer activities with the goal of encouraging "learn through play", promoting environmental education and forest stewardship with activities across Vail Mountain. These activities include zip line tours, ropes courses, additional hiking and biking trails, an alpine slide, etc. The Sign Regulations were written at at time prior to all these various recreational amenities being considered. In reviewing the current language, staff identified some concern that the existing language which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Specifically, staff was concerned that the prohibition of advertising "other commercial uses" was unclear as to whether these new types of recreational uses were permitted to be advertised. Clearly, the intent was to limit the advertisement of on -mountain dining and retail establishments that would compete with those located within the Town. With the launching of Epic Discovery, conditions have substantially changed since the adoption of the subject regulation and it is important to provide clarity to the regulations to ensure that these new on -mountain recreational offerings can be advertised to maximize and encourage the use of these facilities. As a result, the proposed amendment complies with this criterion. rr Photos from epicdiscoverv.com 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: The clear objective with this section of the Sign Regulations is to allow the operator of Vail Mountain the ability to advertise on -mountain activities at the base areas. These multi -seasonal recreational uses are consistent with municipal development objectives, as outlined in the comprehensive planning documents identified above. The proposed amendment provides further clarity about the ability to advertise these uses, while maintaining the protections against advertising on -mountain eating and drinking establishments, and retail establishments. As a result, the proposed amendment provides a harmonious, convenient, and workable relationship among land use regulations and complies with this criterion. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 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 sign regulations; and 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. 8 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 14, 2016 ITEM/TOPIC: A request for review of a Major Exterior Alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of 1,193 square feet of gross residential floor area (GRFA), located at 304 Bridge Street Units R2 & R3 (Red Lion Inn Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160008) ATTACHMENTS: ame: Description: 1. PEC160008 Staff Report 031416 FINAL.pdf PEC160008 Staff Report D A. Narrative.pdf Applicant Narrative ❑ B. Red Lion Plans 3.10.2016.pdf Red Lion Plans ❑ C. HOA Approval.pdf HOA Approval ❑ D. Vmap.pdf Vicinity Map ❑ E Letter of Opposition 03.04.2016.pdf Letter of Opposition TOWN OF 0) VAIL 1 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2016 SUBJECT: A request for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of additions to Units R2 and R3 Red Lion Inn Condos, located at 304 Bridge Street, Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160008) Applicants: Oscar Tang & Blue Mountain Architects aka VAg Architects Planner: Brian Garner SUMMARY Investments, represented by J+A The applicants, Oscar Tang & Blue Mountain Investments, represented by J+A Architects aka VAg Architects, are requesting the review of an exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vai Town Code, to facilitate the construction of a residential addition at 304 Bridge Street Units R2 and R3 (Red Lion Inn Condos). 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 the proposed exterior alteration or modification subject to the findings noted in Section VIII of this memorandum. DESCRIPTION OF REQUEST The applicants, Oscar Tang & Blue Mountain Investments, represented by J+A Architects aka VAg Architects, are requesting the review of a major exterior alteration or modification: To expand the residential floor area in condo Unit R2 by 477 square feet from 2,901 to 3,378 square feet (Oscar Tang). To expand the residential floor area in condo Unit R3 by 716 square feet from 2,991 to 3,707 square feet (Blue Mountain Investments). The applicants' representative, through the attached narrative, explains the attributes and merits of the proposed changes included in this application. On the exterior, the project would add some massing to the second and third levels of the building in addition to partial enclosure of the existing staircase on the north side of the building. The existing staircase is currently covered with a fabric canopy and provides access to the upper levels of the building. It is stated by the applicants' representative that there is no increase in density and no effect on protected view corridors. Additional benefits conferred by the project include carefully blended architecture to honor the building's history and better aesthetics due to a relocated grill hood discharge from the ground level restaurant, the Red Lion. The applicants' narrative (Attachment A), the proposed site and architectural plans (Attachment B), and a memorandum of approval provided by the Red Lion Condominium Association, (Attachment C) are attached for review. III. BACKGROUND The existing Red Lion Inn building was constructed in 1962 prior to the incorporation of the Town of Vail. The Town of Vail was incorporated by the election of August 23, 1966, and the court order of August 26, 1966. The property was subsequently zoned Commercial Core I (CC1) District upon incorporation and in 1980 became subject to the Vail Village Design Considerations of the Vail Village Master Plan which rendered the structure legally non -conforming with regard to site coverage. At the April 9, 1990 PEC meeting, the PEC approved variances for site coverage and stream setback. Exterior alterations or modifications to the building are regulated by the provisions of the CC1 District and are considered either major (adds or removes enclosed floor area greater than 100 square feet) or minor (adds or removes enclosed floor area not more than 100 square feet). Pursuant to the provisions of the CC1 District, proposed exterior alterations or modifications require review and approval by the Planning and Environmental Commission (PEC). PEC approval of an exterior alteration shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. Subsequent to PEC review and approval, the application shall be reviewed by the Design Review Board (DRB) in accordance with Section 12-11, Design Review. IV. APPLICABLE PLANNING DOCUMENTS The following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-713 Commercial Core 1 (CC1) District (in part) 12-7B-1: PURPOSE: Town of Vail Page 2 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. VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS / POLICIES.- The OLICIES.The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core/ Lionshead Town of Vail Page 3 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 settings, intimate size, cosmopolitan feeling, environmental quality.) 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN The Vail Village Master Plan identifies the purpose of the plan as follows: "This Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. This Plan emphasizes the critical need to balance and coordinate parking and transportation systems with future improvements to Vail Mountain that will increase the "in and out of Valley" lift capacity. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides valuable information for a wide variety of people and interests. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future." The Vail Village Master Plan established six goals containing objectives, policies and action steps. The following goals, objectives and policies are applicable to this major exterior alteration proposal. "GOAL #1 ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Town of Vail Page 4 Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Policy 1.4.3: Identification of "historic" importance shall not be used as the sole means of preventing or prohibiting development in Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the II sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.2: The town will use the maximum flexibility possible in the Town of Vail Page 5 interpretation of building and fire codes in order to facilitate budding renovations without compromising life, health and safety considerations. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art and other similar landmark features shall be encouraged at appropriate locations throughout the Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. " Chapter 7 of the Vail Village Master Plan identifies eleven Vail Village Sub -Areas. Within each sub -area concepts are described which are meant to serve as "advisory guidelines for future land use decisions by the Planning and Environmental Commission". The Red Lion Inn Condo building is located within Sub -Area #3. Sub - Area 3# is as follows: Town of Vail Page 6 "This pedestrianized area of the Village represents the traditional image of Vail. A mixture of residential and commercial uses, limited vehicular access, and inter- connected pedestrian ways are some of the characteristics that distinguish this area from other portions of the Village. With the exception of embellishing pedestrian walkways, developing plazas with greenspace, and adding a number of infill developments, it is a goal of the community to preserve the character of the Village as it is today. The core area, with it's predominantly Tyrolean architecture is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects. Although it is a goal to maintain design continuity in the Village core, there will be change in the core area's built environment. This is mostly due to the number of properties that have not exercised their full development rights. Most notable among these properties are the Red Lion Building, the Cyranos Building, the Lodge at Vail, and the Covered Bridge Building. If each of these and other properties develop to their full potential, there will undoubtedly be a significant increase in the level of development in the Village core. The Vail Village Urban Design Guide Plan has been the primary tool in guiding private development proposals in the core area since 1980. The Guide Plan will continue to be used in conjunction with the goals and design criteria outlined in the Vail Village Master Plan. Infill and redevelopment proposals shall be reviewed for compliance with the design criteria, goals, objectives and policies established in these respective plans. " VAIL VILLAGE DESIGN CONSIDERATIONS The Vail Village Design Considerations are a critical element of the Urban Design Guide Plan and identify the key physical characteristics of the Village and provide the tools to ensure that new development is consistent with this established character. The relevant design considerations of this application include the following: A. Pedestrian ization According to the Urban Design Considerations, 'All new or expansion construction should anticipate the appropriate level of pedestrianization adjacent to the site."A primary characteristic and significant reason for the success of Vail Village is the pedestrian experience. The pedestrian experience is comprised of numerous elements including but not limited to architecture, building scale, material use, vitality and activity created by the permitted uses on the first floor, connectivity of pedestrian ways, and landscaping. Building height and articulation, roof forms, light and shade of floors above Town of Vail Page 7 the ground level also play an important role in the pedestrian experience. These factors combined embody the intimate and iconic streetscape design of Vail Village. The Red Lion Inn Condo building is an original Vail Village building, highly visible in its prominent location adjacent to Siebert Circle. Residential expansion of Units R2 & R3 will be contained to the upper floors of the building and will be visible from the primary pedestrian way of Bridge Street. The fagade improvements proposed add more windows for transparency and interest to the west fagade, the primary fagade facing Bridge Street. Additionally, as demonstrated in the application, the added dormer space will not have an impact on light and shadow upon Bridge Street, though additional shadow will impact the adjacent Bridge Street Condo building to the north. B. Vehicle Penetration The proposed major exterior alteration does not affect vehicle penetration. C. Streetscape Framework The proposed major exterior alteration does not affect the streetscape framework. D. Street Enclosure The Red Lion Inn condo building is located in a narrow area of Bridge Street near Siebert Circle where the public space opens up greatly for a more panoramic view looking north on Bridge Street. From this perspective the Tyrolean architecture and varying heights of the surrounding buildings is apparent with abundant articulation as recommended by the Urban Design Guide Plan. The south end of the Red Lion Inn condo building is prominent at this location, and very little, if any of the proposed improvements will be visible from Siebert Circle. The proposal adds an appropriate level of massing to the street enclosure resulting in visual interest and continued pedestrian scale, and further continues the architecture for a seamless transition to the expanded portion of the building. E. Street Edge The proposed major exterior alteration does not affect the street edge as the expansion is proposed on the second and third floors of the building. F. Building Height According to the Design Considerations, not more than forty percent (40%) of the building (building coverage area) may be higher than thirty three feet (33'), but not higher than forty three feet (43'). The proposed major exterior alteration will increase the building height to 34% between 33' and 43' in compliance with the Design Consideration. Town of Vail Page 8 G. Views and Focal Points The Vail Village Design Considerations recognize the need for visual orientation and connectivity to the mountain and landmarks. The Design Consideration identify the importance of view corridors and view connections for pedestrians throughout the Village. The Red Lion Inn Condo Building is within View Corridor #4 as found in Chapter 12-22, View Corridors, Vail Town Code. The south end of the Red Lion Inn Condo Building is within View Corridor #4 but no part of the proposed expanded structure is within the established boundary of this view corridor. The Red Lion Inn Condo Building also falls within View Corridor #1, but again, no part of the structure, existing or proposed, is visible from the location of View Point #1. Therefore, expansion of the north end of the Red Lion Inn condo building will not negatively affect pedestrian views and focal points as seen from the alley between Founders Plaza and Seibert Circle. H. Service and Delivery The proposed major exterior alteration does not affect service and delivery to the site. I. Sun/shade The proposed major exterior alteration does impact the sun/shade aspects of the Bridge Street Condos building located adjacent to the north side of the Red Lion Inn Condo Building. As demonstrated in the Shade and Shadow Analysis included in the application, the proposed major exterior alteration will cast additional shade onto the adjacent Bridge Street Condo Building at the winter solstice. The analysis shows very little to no additional shade at the equinox. According to the Design Considerations, "All new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties or the public R.O.W." No sun/shade impact is shown to affect the adjacent Bridge Street pedestrian thoroughfare and very little additional shade would affect the adjacent Mill Creek on the east side of the Red Lion Inn Condo Building. J. Architecture/Landscaping Considerations The Vail Village Design Considerations identify the importance of many elements of architecture in creating, establishing, and continuing Vail Village as a special place. Staff's review of the application concludes that the architecture is well -blended with the existing structure and adds relevant updating while maintaining the historical integrity of the building. Town of Vail Page 9 V. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Lot Size: Geological Hazards: 304 Bridge Street Lots E -H, Block 5A, Vail Village Filing 1 Commercial Core I (CC1) Village Master Plan Mixed Use 13,956 sf (0.3204 acre) None Standard Allowed/Required Existing Proposed Lot Area 5,000 sf min. 13,958 sf no change Setback West per VVDG* 0' -varies no change East per VVDG 0' -varies no change North per VVDG 0' -varies no change South per VVDG 0' -varies no change Height per VVDG* 40% from 33 ft. to 43 ft. 34% 5% Increase 0% over 43 ft. 0% no change Site Coverage Landscaping Density (GRFA) Density DUs 11,166 sf 80%*** 11,596 sf no change 83%** no change no net reduction 132 sf no change (0.02%) no change 11,167 sf 8,954 sf 10,147 sf (1,193 sf increase; 1,020 sf remaining) 8 DUs 3 DUs no change 80% or11,166 sf 8,954 sf 10,147 sf Parking 3 DUs 5 required no change (1.4/DU) Residential Not on site no change *Vail Village Urban Design Guide Plan **Existing non -conformity w/ approved variance ***Please see attached Sheet A1.2 for Building Height & Site Coverage Analysis Town of Vail Page 10 VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use (Bridge Street Condos) CC1 South: Public ROW (Siebert Circle) Right -of -Way East: Park (Ted Kendall Park) Outdoor Recreation West: Mixed Use (Plaza Lodge) CC1 VII. REVIEW CRITERIA EXTERIOR ALTERATION OR MODIFICATION A major exterior alteration in the CC1 district requires review by the PEC and compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Design Considerations, and the CC1 zone district. The review criteria for an exterior alteration or modification request of this nature are prescribed by Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, as follows: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12-7B-1, Vail Town Code. Staff finds that the proposal is in compliance with the purposes of the CC1 district since it will "maintain the unique character of the Vail Village Commercial Area", will provide "adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses", will positively influence the "maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways" and will positively influence the "building scale and architectural qualities that distinguish the Village." The expansion of gross residential floor area (GRFA) requires mitigation of employee housing through Chapter 24, Inclusionary Zoning, of the Vail Town Code. Pursuant to Section 12-24-2, Employee Housing Requirements, Vail Town Code: "Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. " The applicant is proposing to add 1,193 square feet of new GRFA resulting in 119 square feet of required employee housing. In accordance with 12-24-6, Methods of Mitigation, the applicant shall provide payment of fees in lieu to satisfy the Inclusionary Zoning requirement as demonstrated by the following chart: Town of Vail Page 11 Inclusionary Zoning (12-24-2, Vail Town Code) New Net Square Feet Mitigation Rate Required Employee Housing Square Feet Fee in Lieu Rate 1,193 square feet 10% of new GRFA 119 $134.65/Square Foot Fee in Lieu Requirement 119 square feet x $134.65 = $16,023.35 The proposal is therefore compliant with this criterion. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, Vail Village Design Considerations, Streetscape Master Plan, and the Vail Comprehensive Plan. Staff finds the proposal to be consistent with the applicable elements of the Vail Village Master Plan including adherence to numerous goals and policies as referenced in Section IV, Applicable Planning Documents, herein. Staff finds the proposal is consistent with the relevant elements of the Vail Village Urban Design Plan, Vail Village Design Considerations and the Vail Comprehensive Plan as referenced in Section IV, Applicable Planning Documents, herein. More specifically, staff finds that the applicant is proposing a thoughtful design that honors the historical character of the building and of the mass, scale and architecture of the immediate area. 3. The proposal does not otherwise negatively alter the character of the neighborhood. As stated in the criteria above, staff finds the proposed residential expansion of Units R2 & R3 of the Red Lion Inn Condo Building contributes positively toward the Vail Village experience and will not negatively alter the character of the neighborhood. VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions of this request for a major exterior alteration or modification pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of additions to Units R2 & R3 of the Red Lion Inn Condo Building, located at 304 Bridge Street, Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Town of Vail Page 12 Should the Planning and Environmental Commission choose to approve, with conditions this major exterior alteration or modification request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for an exterior alteration or modification pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of additions to Units R2 & R3 of the Red Lion Inn Condo Building, located at 304 Bridge Street, Lots E -H, Block 5A, Vail Village Filing 1, as represented by the accompanying plans from Vail Architecture Group, Inc. dated 2.07.16, and setting forth details in regard thereto with the following conditions." This exterior alteration or modification approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall mitigate the employee housing impact created by the new net square footage in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code and the applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. Should the Planning and Environmental Commission choose to approve, with conditions the exterior alteration request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated March 14, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. That the proposed exterior alteration is in compliance with the purposes of the CCI 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 otherwise positively alter the character of the neighborhood. IX. ATTACHMENTS A. Applicant's request for a major exterior alteration dated February 15, 2016 B. Proposed architectural plans dated 02.07.2016 C. Memorandum of action of Red Lion Inn Condominium Association dated February 12, 2016. D. Vicinity Map Town of Vail Page 13 E. Letter of Opposition dated March 4, 2016 Town of Vail Page 14 ju d g e—so-ATES ARCPIITEC15 t PLANME15 February 15, 2016 Town of Vail PEC Project Narrative Re: Red Lion Condominium Units R-2 and R-3 Remodel/Expansion The Red Lion Condominiums located at 304 Bridge Street is a complex comprised of three Residential Units and numerous tenant Commercial spaces. Most notably the Red Lion Restaurant and the Bridge Street Bar. The Three Residential units are located on the upper two floors of the building with the upper most area of residential space tucked within the 3/12 pitched and gabled roof structure. After review of Title 12 Chapter 15 the association has determined that their property of .3204 acres has an available GRFA of 1 1,165. The recorded condominium plat maps of 1990 indicate a current GRFA of 8,953. The current and remaining allowable GRFA was allocated by the Association pro -rata to the three residential units. Over the last decade or two since any significant improvements to the Red Lion has taken place the neighborhood consisting of the Old Rucksack Building (now Marmot at 288 Bridge Street) the Vista Bahn Building (Remonov) and the Bridge Street Lodge along with Siebert Circle have seen significant improvements. In keeping with the character of these improvements and the original character or the Red Lion and without additional site coverage impact The Red Lion Units R-2 and R-3 request an addition of a dormer to the existing north sloped roof for the purpose to enclose approximately 1,400 GRFA per the attached plans and elevations. The current owners of the residential units are not proposing an increase in unit density. The proposed dormer and enclosed area does not interfere with the view corridors of the Village nor add any additional impact to the building, Town, or Community needs or services. The Design has carefully blended the architecture and details of the original Red Lion building including the iconic white stucco and highlighted fascia and soffit. The proposed roof height is well within the approved limits and at no time breaks the existing ridge height. The roof slope and finishes along with the revised window patterns complement and balance to the original. Physical Address: (970) 949-7034 Mailing Address: 105 Edwards Village Blvd, P.O. Box 1734 Suite G104 Vail, CO 81658-1734 Edwards, CO 81632 email: general a vagarchitects.com A most notable improvement will be the relocation of the Red Lion rooftop enclosure and grill hood discharge. The equipment both large and older in its service years will be replaced with a more compatible and friendly new version on the upper most roof area. The project does not create any additional impacts within the stream path. The projects suggest the enclosure of an outdated stair and canopy system providing access to the units from the North. This area abuts the property line and the Marmot building today but creates an unsightly and potentially dangerous enclosed area at the ground level. Final designed improvements to this area while include an enclosed stair riser and heated steps with a suggested more permanent roof solution still allowing light and access to the Kitchen area below. While the solution is clearly both functionally and life safety improved the aesthetic presented to both the pedestrian and adjoining properties will also be greatly improved. In such this small addition remodel clearly keeps with the suggested Goals and Objectives of the Vail Village Masterplan. Most Specifically: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. GOAL #6 TO ENSURE THE CONTINUED IMPROVEMENT OF THE VITAL OPERATIONAL ELEMENTS OF THE VILLAGE. Sincerely, Judge + Associates Inc. architects and planners, aka VAg inc. Name, Title Encl.: Application Package to the PEC. Physical Address: (970) 949-7034 Mailing Address: 105 Edwards Village Blvd, P.O. 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WHEREAS, the owners of Unit R-2 and R-3 (collectively, the "Units") wish to carry out, and have made application to the Association to consider and approve, an expansion and renovation of the Units to, among other things, increase the square footage of Unit R-3 by approximately 700 and Unit R-2 by approximately 600 additional square feet (the "Expansion"), as depicted on the plans dated 2/7/16 prepared by VAg, Inc. (the "Plans"); M WHEREAS, The Red Lion Inn Condominiums ("Red Lion') were established and are governed 13,1992, IN BOOK 575 AT PAGE 27, COUNTY OF EAGLE, STATE OF s "Declaration") WHEREAS, the Expansion, once substantially completed, will require the amendment of the Map to depict the expanded Units, and of the Declaration to adjust and reallocate all Red Lion Inn Condominium Units percentage interest in and to the common elements to reflect the increase in square footage of the Units resulting from the Expansion. Such amendments to the Map and Declaration require the approval of the Members; WHEREAS, Section 3.4 of the Declaration currently imposes significant restrictions and limits upon expansion and modifications of all of the Residential Units (Units R-1, R-2 and R-3), including increases in "gross residential floor area" ("GFRA") as that term is defined and used in the Town of Vail Town Code. Almost all expansions of any of the Residential Units, including the Expansion of the Units, is not currently permitted under Section 3.4. The Members desire to be appropriately amend Section 3.4 to permit certain expansion of the Residential Units, including the Expansion of the Units. Such amendment to the Declaration requires the approval of the Members; WHEREAS, Section 3.4 of the Declaration also purports to require the prior written consent of the Town of Vail to amend or revoke that Section. The Members wish to amend the Declaration to remove that requirement as there are substantial questions as to its effect, enforceability and necessity; WHEREAS, it has been calculated that there is an additional approximately 2,213 square feet of unused GFRA for the Residential Units under the current Town Code. The Members desire to allocate any additional available GFRA amongst the Residential Units on a pro -rata basis based upon the relative square footage of each Residential Unit, and to memorialize such allocation in an amendment to the Z:I Declaration. RESOLVED, that the Expansion as materially depicted on the Plans is hereby approved and authorized without any further action or vote of the Members, subject to the terms, conditions, and requirements set forth herein. The Expansion may not be materially larger or different than as depicted on the Plans and cannot exceed the amount of GFRA allocated to that individual Unit. Except as otherwise provided herein, the Board of Directors of the Association (the "Board") is granted discretion to approve the modification of the Plans and the Expansion to respond to regulatory input (including without limitation from the Town of Vail) and in order to comply with applicable laws and regulations; FURTHER RESOLVED, that the Board is hereby authorized and empowered to cause, make and carry out any and all conveyances and transfers of common elements (both general and limited) necessary to carry out the Expansion, and all such conveyances and transfers are hereby approved and authorized by the Members, subject to the term, conditions, and requirements set forth herein; FURTHER RESOLVED, that in connection with the Expansion the Board is hereby authorized and empowered to impose such additional conditions, requirements and terms upon the Expansion and the construction thereof as it deems proper in its sole discretion, including without limitation, to: require the expanding owners to pay all costs and expenses (including surveyor, engineering and attorney fees) incurred by the Association in connection with the Expansion and to give a deposit therefore-, require approval from the Town of Vail for the Expansion; require submission to the Board of an application with plans and such other information as requested by the Board for the Expansion for the Board's consideration and approval; require that the expanding owners enter into an agreement with the Association regarding the construction of the Expansion upon such terms as the Board deems proper in its sole discretion. FURTHER RESOLVED, that the Board is hereby authorized and empowered and, if and when the Expansion is substantially completed, directed to amend or supplement (i) the Declaration in order to amend Section 3.4 and other Sections of the Declaration to permit, recoarnize and memorialize the Expansion, and adjust and reallocate each Red Lion Condominium Units' percentage interest in and to the common elements to reflect the increase in square footage of the Units resulting from the Expansion (including the appropriate amendment of Exhibits B and Q, and (ii) the Map to depict the Units, including their respective new boundaries, and adjoining areas after substantial completion of the Expansion. The Board is hereby further authorized, empowered and directed to further amend or supplement the Declaration in order to amend and eliminate the current restrictions on expansion and modifications of the Residential Units contained in Section 3.4, including the foregoing requirement for C, LI Town consent, and provide for the allocation of additional GFRA amongst the Residential Units. The I foregoing amendments and supplements to the Declaration and Map are hereby approved and authorized, and deemed to be approved and authorized by the Members without any further action or vote of the Members required. The Members agree to execute and deliver the foregoing amendments to the Map and Declaration as needed; FURTHER RESOLVED, that the Board, acting through the President or the Vice President of the Z-1 Association, along with the Secretary of the Association, shall have all powers necessary and appropriate to carry out these Resolutions; FURTHER RESOLVED, that this unanimous written consent may be executed in one or more counterparts, all of which together shall constitute the same document, and facsimile signatures shall have the same effect as original signatures; N Execution of this written consent by the undersigned, as described above, waives any requirement of a formal meeting of the Members to adopt the resolutions referred to herein and ratifies and affirms the actions taken herein. IN WITNESS WHEREOF, the undersigned Members have executed this written consent as of the date first written above, MEMBERS: Units C-1 through C-7 Landmark Commercial Development Company By: Name: Title: Units R -I and R-2 Oscar L. Tang Unit R-3 Blue Mountain Investments LLC IN WITNESS WHEREOF, the undersigned Members have executed this written consent as of the date first written above. MEMBERS: Units C-1 through C-7 Landmark Commercial Development Company By: Name: .L/.v44 Title: tnt Units R-1 and R-2 Oscar L. Tang Unit R-3 Blue Mountain Investments LLC By: _ Name: Title: 91 iALLV!ST From: Mullally, Maroo To: Brian Garner Cc: bilksli)encomsf.conn Subject: Red Lion expansion Date: Friday, March 4, 2016 9:56:19 AM Hi Brian, I am writing as the HOA president of the Bridge Street Building located directed north to the Red Lion building in Vail on Bridge Street. The residential owners, specifically units RI and R 2 will be negatively affected by the Red Lion's proposed expansion. The light that we receive into our homes will be grossly diminished, as well as 2 views facing south. The Red Lion building is already one of the largest on Bridge Street. We are long term owners in Bridge Street and strongly oppose our homes light and views being diminished as a result of this proposed expansion. Thank you for your consideration in this matter. Regards, Margo Swail 303-818-8521 Sent from my iPad TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 14, 2016 ITEM/TOPIC: A request for the 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 construction of public parks and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC160009) ATTACHMENTS: Name: ❑ PEC160009 Staff Memo Booth Creek Park CUP.pdf © PEC160009 Booth Creek Park PLANS.pdf d PEC 160009 Booth Creek Park - Adjacent Land Uses.pdf C] PEC160009 Booth Creek Park VICINITY MAP.pdf C] PEC160009 Booth Creek Park Narrative.pdf D Booth Creek Park PEC160009 Conditional Use Permit DRAFT.pdf Description: Booth Creek Park Staff Memo Booth Creek Park Plans Booth Creek Park Adjacent Land Use Map Booth Creek Park Vicinity Map Booth Creek Park Applicant Narrative Booth Creek Park Draft Permit 1011 IKIIAT1:11N Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2016 SUBJECT: A request for the review of a Conditional Use Permit, pursuant to Section 12-8B- 3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for the construction of a public park and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC160009) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker I. SUMMARY The applicant, Town of Vail, represented by Todd Oppenheimer, is requesting the review of a Conditional Use Permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the construction of a public park and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road. Per Section 12-8B-3, "Public parks and active public outdoor recreation areas and uses, excluding buildings" and "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" are conditional 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, with conditions, 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 construction of a 3.06 acre public park and active public outdoor recreation area, including tennis courts, playground, and an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road . The existing park will be completely redeveloped with two tennis courts, playground, restrooms, and a picnic shelter. Parking for eleven (11) vehicles is proposed at the west side of the park along the east side of Manns Ranch Road. All of the parking will be on the subject property, and not in the public right-of-way. According to the Official Zoning Map of the Town of Vail, the subject site is zoned Outdoor Recreation. Conditional uses in this zone district include "Public parks and active public outdoor recreation areas and uses, excluding buildings". 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). Summary of Applicant's Proposal • Remove existing tennis courts • Remove existing playground and picnic tables • Construct two new tennis courts • New playground equipment • Restrooms • Picnic shelter • Asphalt paved parking area along road • Concrete walkways through park to connect to existing bike path • Lighting bollards along walkways III. BACKGROUND The current park, especially the tot lot and tennis courts, is in substandard condition. This park has been in existence since at least 1986. The Town of Vail has been planning for the redevelopment and upgrading of this neighborhood park since 2013. The Department of Public Works hosted several community meetings to gather input from community members on what they would like to see incorporated into the park. Elements of the playground design will incorporate the work of artist Andy Dufford, owner of Chevro Studios in Denver. 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 Town of Vail Page 2 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 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, public or private Any use not listed 12-11-6. PARK DESIGN GUIDELINES.- A. UIDELINES. Parking requirements to be determined by the planning and environmental commission Parking requirements to be determined by the planning and environmental commission A. Purpose. These guidelines shall be used by the design review board in reviewing any proposals for the development of town park land. The guidelines shall be used in conjunction with the general design review guidelines found in title 14 of this code. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of town parks through all phases of development. B. Building Materials and Design.- 1. esign. 1. General.- a. eneral. a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. b. Materials and designs should be chosen that are economical to maintain. Town of Vail Page 3 The proposed picnic shelter and restrooms building will incorporate natural materials, including wood, metal and concrete. Wood siding (2x) with chinking is the primary siding material on the restrooms. A "green roof' planted with vegetation is proposed on a portion of the restroom building roof. 2. Stone. Natural rock should be used for architectural features such as exposed building walls and small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural environment. Construction should minimize exposed mortar, and detailing should reflect concern for local climatic conditions. Rock boulders are proposed throughout the park within the landscape features and as seating areas. Large boulders will be incorporated into the playground design. 3. Pedestrian Walks, Plazas. Impervious surfacing may be used to emphasize important features or pedestrian areas. Natural materials and colors are encouraged, as they blend in well with wood, stone and plant materials. Asphalt is discouraged except when necessary for bike paths and parking areas. Concrete pedestrian walks are proposed throughput the park. Asphalt is proposed only in the parking area adjacent to the existing asphalt road. 4. Children's Play Areas. Children's play areas are to be designed with challenge and safety in mind. Multilevel play structures, tunnels, and other climbing apparatus are to be designed to excite and to encourage free expression. Native landscaping materials shall be incorporated into the play areas to soften and blend into the environment. Plant materials shall be provided for the enclosure of the play areas and for summer shading. Play areas shall be oriented to take advantage of warm winter exposure and to utilize natural buffers from the wind. The playground is proposed at the south end of the site, away from the adjacent residences. The playground design will incorporate a theme developed by local children and by artist Andy Dufford. A log teepee is the centerpiece of the playground, along with a Settler's Cabin and Split Boulder Cabin which are part of the play structures. 5. Visual Impact.- a. mpact. a. Structures, shelters, or other site buildings shall be designed in a low profile or be set into slope areas to reduce their vertical dominance upon the site. b. Major architectural structures shall be designed and accented to attract visitors without becoming a distracting visual element to other visitors of the park or to adjacent developments. Town of Vail Page 4 The proposed structures are one story, low profile buildings. Major structures incorporate natural materials and local design features, which will not be distracting. C. Landscaping, Site Planning.- 1. lanning.1. General.- a. eneral. a. Plantings should be used to soften the edge between developed and natural park areas and to heavily screen conflicting adjacent uses. Such plantings unify developed and natural areas as well as provide a protective buffer where the adjacent land uses conflict with recreational activities. As an example, gently sloping lawns are desirable for picnic areas and open field play. Irrigated and manicured lawn areas can transition into natural areas through the use of native grasses and shrubs. Fences shall be discouraged between active and passive areas. b. Noise generating and active play areas should be integrated together and placed away from passive or natural areas. Needed service facilities, such as restrooms, drinking fountains, etc., should be located in or adjacent to activities with a high user demand. A mixture of native and ornamental landscaping is proposed in the park. The design of the park respects the existing vegetation on the site, and large stands of existing trees will be preserved in this plan. The park creates both active and passive areas for play, including open fields. No fences are proposed. Service facilities including restrooms and drinking fountains are included in the plan. The proposed tennis courts will be as close as three (3) feet to the existing wetlands on the east side of the courts. No development is proposed within the wetlands themselves, but constructing the courts without disturbing the wetlands will require careful planning and construction management. 2. Views. Plantings and site work should be used to direct views by framing interesting and attractive features such as distant mountain ranges, ponds, or Gore Creek. Visual screens of plant materials may be used to close off undesired views such as the interstate, frontage roads, or neighboring development. The proposed plan is designed to avoid significant trees. 3. Accent Plantings And Materials. In areas of special interest or activity, and in pedestrian areas, plantings should be used to provide color, texture, form and scent to highlight and emphasize the special character of these places. Horizontal ground plane textures such as native shrubs, ground covers, colored pavers, and smooth boulders may also be used to complement the environment. 4. Lighting. If site lighting is deemed appropriate, the lighting should provide for clear visibility while at the same time eliminating any glare within the park or on Town of Vail Page 5 adjacent properties. Lighting fixtures shall be as subtle as possible so that they blend in with the natural park setting. A lighting plan designating location and appropriate styles of lighting shall be designed for each park that requires site lighting. Low bollard lights are proposed along the pedestrian pathways. Lighting is limited to a few key locations along the path, and should not create light trespass onto adjacent properties. The lights are fully shielded and meet the Town's outdoor lighting standards. 5. Signage: Any signs within the park shall conform to a unified park signage program. Private signs are prohibited from the park. The only signs currently proposed are signs required by the Americans with Disabilities Act, relating to handicapped parking. No other signs are proposed at this time. The main signage for the park will require a separate sign permit. D. Access And Parking.- 1. arking. 1. Pedestrian Walks And Bike Paths.- a. aths. a. Pedestrian walks and bike paths shall be provided in the areas of developed facilities and circulation routes. Walks and bike paths shall be accessible to the physically handicapped and should be constructed of a hard material. b. Pathways through natural areas shall be placed where little grade change is required. Surface materials which provide a hard surface and have a natural appearance should be encouraged. Walkways through the park will be concrete, and will have little grade change. Where needed to meet grades, the walkway curves to make up the grade. 2. Parking.- a. arking. a. Parking areas shall be sensitively planned to provide needed parking without impacting the natural or recreational use areas. Parking shall be visually screened to as great a degree as feasible. b. Landscaping should be provided along public perimeter roads and between parking areas to provide screening of noise and visual pollution. Parking is proposed along the west side of the site, adjacent to Manns Ranch Road. Park users have traditionally parked in this location, which is currently unpaved. Paving this area will help keep mud and dust off the public road. Parking is proposed on the park property, and not within the Manns Ranch Road right-of-way. Town of Vail Page 6 E. Site Preservation and Maintenance.- 1. aintenance. 1. Site Preservation. Open meadows of native grasses and flowers, and permanent stands of evergreens should be maintained in undeveloped areas of the parks. 2. Site Revegetation: Natural areas that are disturbed during construction shall be vegetated to encourage plant associations that develop naturally on the site. Revegetation should match preexisting conditions as closely as possible. The proposed layout of the park is designed to avoid areas of significant vegetation and other natural features, including wetlands. All areas that are disturbed during construction will be revegetated. 3. Erosion Control.- a. ontrol. a. Temporary erosion control measures during construction, and permanent control measures after construction shall be established to prevent sediment pollution of the creek and to stabilize disturbed areas. Straw bales shall be used for temporary control measures and jute netting should be used to permanently stabilize slopes. Any park projects shall be required to include a site preservation program during construction phases. b. Limits of site disturbance shall be clearly and physically defined as well as enforced in order to minimize disturbance to other areas in the park. An erosion control plan has not been provided, but will be required prior to issuance of a building permit. During construction, temporary fencing will be installed to protect wetlands and significant vegetation. 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. Booth Creek is directly east of this lot, on an adjacent parcel. The creek is shown as a perennial stream on the most recent USGS topographic map of the area. As proposed, all development within the park will be outside of the 30' creek setback. CREEK OR STREAM: A body of flowing water indicated as a perennial stream on the most recent USGS topographic map of the area. The proposed improvements are outside of the required creek setback of 30'. Town of Vail Page 7 CHAPTER 14. SUPPLEMENTAL REGULATIONS (in part) 14-7-2 A. Wetlands. If staff determines that wetland vegetation exists on the site, a report conducted by a qualified environmental consultant delineating wetland areas must be submitted to the town of Vail and the army corps of engineers in conjunction with a design review board or planning and environmental commission application. Approval from the army corps of engineers must be obtained prior to building permit issuance. A portion of the site contains wetlands, and a wetland report has been provided. The applicant has shown the surveyed wetlands on the site plan, which are located east of the proposed tennis courts. The tennis courts are proposed outside of the wetlands. The shape of the wetlands is likely due to a previous set of tennis courts that were on this site several decades ago. There are also wetlands in the Town owned stream tract (Tract B) to the east of this site. There is a small wetland area in the southeast corner of the park property, south of the existing bike path playground connects to an existing bike of any delineated wetlands. The proposed walkway near the path within the stream tract, but outside 5-14-4 Encroachment Prohibited: A. No person other than the town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on a stream tract. Although the Town Code allows the Town to encroach into stream tract, more recent Town policy has been to avoid development within the stream tract when possible, as the loss of riparian habitat has been a contributor to the degradation of water quality in Gore Creek. Alternatives to developing the proposed walkway within the stream tract include a connection farther to the west or south, either to the east or west of the playground. These alternative locations, however, would not follow the natural pathway from the existing bike path to the proposed restrooms. Connecting east of the playground would require switchbacks to achieve required sidewalk grades and would disturb existing trees; connecting on the west side of the playground would create an indirect route to the bike path, and would likely result in an informal "cow path" to the existing paved bike path. V. SITE ANALYSIS Existing Zoning: Outdoor Recreation Existing Land Use Designation: Park Mapped Geological Hazards: None Standard Allowed / Required Existing Proposed Site Area N/A 3.06 acres 3.06 acres Site Coverage 5% 0.07% 1.08% (1,442 sq. ft.) Town of Vail Page 8 VI. VII Setbacks Front 20 feet N/A Front = 47 feet Sides 20 feet Side = 43 feet (East) Rear 20 feet Side = 77 feet (West) Rear = 241 feet Watercourse 30 feet N/A 125 feet (Restrooms) Setback 45 feet (Walkway) Height 24' sloping / 21' flat N/A 17' 4" (Picnic shelter) Landscaping Per DRB review 118,463 sq. ft. 92,266 sq. ft. Parking Per PEC review None 11 spaces SURROUNDING LAND USES AND ZONING Existing Use North: Low Density Residential East: Low Density Residential South: 1-70 Right-of-way West: Medium Density Residential REVIEW CRITERIA Zoning District Two -Family Residential Natural Area Preservation None High Density Multiple Family 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. The Community Development Department finds the conditional use permit request to be 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 tennis courts installing new playground equipment, a picnic shelter, restrooms and new walking paths meets the goal of evaluating current recreational programming, facilities and amenities. The proposed parking will help to ensure adequate parking for the users of the park. The informal parking along the side of the park, currently a gravel/dirt area, will be improved with asphalt and new concrete walkway. 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. Town of Vail Page 9 The Community Development Department finds that the proposed conditional use request to improve the park 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; and furthers the development objectives of the Town. The Community Development Department finds this criterion to be met. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed conditional use permit will have a positive effect upon parks and recreation facilities in town. The existing tennis courts are in poor condition, and there are currently no restrooms or picnic shelters in the park. The existing dirt and gravel parking area will be upgraded to parallel parking on an asphalt surface. The Community Development Department 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. There should be no significant impact on traffic in the area. The park serves primarily the surrounding neighborhood and is not expected to bring in significant amounts of new traffic. Manns Ranch Road is a dead-end cul-de-sac and has low traffic volumes. The park is also well served by several modes of transportation, including bus, car, bike and walking. There are two existing bus stops that serve the park. One bus stop is located immediately in front of the park along N. Frontage Road, and another bus stop exists in front of the Vail Mountain School. Formalized parking is now proposed, in lieu of the unpaved informal parking on the side of the road. The parking number was determined using the National Parks and Recreation Association (NPRA) Standards and Guidelines for Neighborhood and Community Parks. Bike racks are also proposed at the entry to the park from the recreation path and near the restrooms. The Community Development Department 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. The proposed conditional use permit will have no significant impact on the character of surrounding area. The proposed playground equipment, picnic shelter and restrooms are proposed near the south end of the site, away from existing residential uses. The design of the park and structures will be reviewed by the Design Review Board. Town of Vail Page 10 Bollard lights are proposed along the walkways in the park. The lighting will be full cutoff and directed toward the ground. These lights should have no impacts on adjacent properties. The Community Development Department 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. An environmental impact report is not required by chapter 12. However, the proposed location of the tennis courts near the existing wetlands, and the connection of the proposed walkway to the existing bike path within Town owned stream tract, could be located in less sensitive areas. The Community Development Department recommends that the PEC examine the proposed location of the tennis courts and walkway and their potential impacts on wetlands and stream tract. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the conditional use permit for Booth Creek Park, PEC160009. 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, PEC 160009, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the construction of public parks and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto." Conditions: 1. 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 Town of Vail Page 11 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. 2. Hours of operation shall be from dawn to dusk. 3. Artificial lighting of the tennis courts is prohibited. 4. Prior to issuance of a building permit and any site work, applicant shall install silt fencing or other appropriate erosion control features to prevent degrading the wetlands to the east of the courts and water quality in Booth Creek. These erosion control features shall remain in place until the final landscaping is installed and vegetation is established. 5. No disturbance of the delineated wetlands is allowed. 6. Prior to start of construction or issuance of a building permit, the applicant shall obtain approval from the Design Review Board of the proposed park plans, proposed architecture and landscaping plan. 7. Prior to issuance of a building permit, applicant shall revise the plans to include the Town of Vail standard construction notes. 8. The minimum asphalt section shall be 3" asphalt over 6" base. 9. The minimum concrete section walk section shall be 4" concrete over 6" base. All Concrete paving shall be Class P with fiber mesh. 10.A separate sign permit is required for all signs within the park. All sign posts shall be the standard Town of Vail timber sign post. 11. Prior to issuance of a building permit, applicant shall revise Sheet C1.0 "Grading and Drainage Plan" to provide necessary drainage conveyance under or over the west walk connection. 12. Prior to issuance of a building permit, applicant shall rectify floodplain lines on plan. Per FEMA, use BFE from Flood Profile with updated topography. 13. Prior to issuance of a building permit, applicant shall revise site plans to show that all parallel parking spaces will be at least 9'x24' and a minimum of 5' off the edge of road. Gravel shoulder can be reduced to 12". Applicant shall also show cross -slope of parking spaces on final design plans. 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 March 14, 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. Town of Vail Page 12 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. Map of Adjacent Land Uses C. Vicinity Map D. Applicant Narrative E. 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UN J PEC160009 0 TOWN OF VAIL " Memorandum To: Planning and Environmental Commission From: Department of Public Works Date: February 15, 2016 Subject: Project Narrative, Conditional Use Permit Application for Redevelopment of Booth Creek Park, 2900 Manns Ranch Road, Lot 11, Tract D, Vail Village 11th Filing. Introduction: Booth Creek Park is an existing Town of Vail public park and recreation facility. Currently, site development is limited to a small children's playground, double asphalt surface tennis court and a concrete paved recreation path paralleling the North Frontage Road. The existing playground is substandard in terms of play value and compliance with current playground safety guidelines. The existing tennis court surface is damaged and no longer useable. The redevelopment of Booth Creek Park is a Town of Vail Capital Improvement Project funded by the Vail Town Council in the 2016 Real Estate Transfer Tax Capital Improvement budget. The project is scheduled for construction to commence in May 2016 and be completed by November 2016. Background: Town of Vail staff initiated the process of preparing plans for the redevelopment of Booth Creek Park in the spring of 2014. A series of public meetings were held to determine the character and scope of the park development. From those meetings a Design Program and two preliminary park design options for the park were created and presented to community members. Following is the approved Design Program. The preferred preliminary Design Option 1 is attached. Approved Design Program: The list of desired amenities and other features of the park are referred to as the Design Program and are as follows: 1. Natural areas. 2. Parallel parking on Manns Ranch Road. 3. Looped paved path using the existing bike path. This will also be the accessible route through the park. 4. Open turf grass area as a passive and active recreation lawn. 5. A double, hard -surface, post tensioned concrete tennis court. 6. Artistically designed playground natural in character. 7. An accessible public restroom with 2stalls meant for 3 seasons. Built character is sensitive to the natural setting. 8. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks throughout the park. Description of Park Elements Following is a description of the park amenities included in the final design concept for Booth Creek Park. All improvements, with the exception of less than 50 feet of walking path, are contained within Lot 11, Tract D, Vail Village 11th Filing (3 acres) and do not include improvements on Tract B located immediately to the east. Walking paths are a permitted use on Tract B which is zoned Natural Area. Natural areas The final design concept for Booth Creek Park was laid out with considerable attention to the natural areas, wetlands and existing vegetation that exists on the site. The majority of the existing vegetation on the site is being preserved and will be protected during the course of park construction. The existing vegetation to be removed will be determined during design development and construction documentation and will be minimized as much as possible. 2. Parallel parking on Manns Ranch Road The approved design option for the park includes parallel parking on Manns Ranch Road as well as a limited number of head in parking spaces to accommodate accessible parking requirements. Eleven parking spaces are proposed as the appropriate number of parking spaces for the park. This number was determined using the National Parks and Recreation Association (NRPA) Standards and Guidelines for Neighborhood and Community Parks. The parking calculation is as follows: 1 st 2 acres of park area 5 spaces Additional acre of park area 1 space Tennis Courts 2 spaces 1 space per 4 users Picnic Shelter 2 spaces 1 space per 4 users Accessible parking 1 space Total number 11 spaces Currently parking for Booth Creek park exists on the gravel shoulder of Manns Ranch Road and will be formalized by expanding pavement and stripping spaces. There is a precedent for parallel and on -street parking for public park and recreation facilities at Bighorn Park, Ellefson Park and numerous trailheads. 3. Looped paved path using the existing bike path The final design concept for the park includes 6 foot wide concrete walking paths connecting all park elements to each other and to the parking areas and existing recreation path. The majority of the walking path system is intended to be accessible. The loop path around the main turf grass area is approximately two tenths of a mile. The portion of the walking path system which crosses into Tract B is less than 50 feet in length and follows existing foot traffic patterns through the site. 4. Open turf grass area as a passive and active recreation lawn The final design concept for the park includes a central natural grass turf area of approximately 21,000 square feet with additional smaller areas for less active uses. 5. A double, hard -surface, post tensioned concrete tennis court A double, hard surface tennis court is included in the final design concept for the park. The courts occupy 13,000 square feet and will include a 10 foot high, black, chain link fence with wind screen. A bounce -back wall is proposed to be attached to the fence at the north end of east court. This location will direct sound from the activity away from the residential areas. 6. Artistically designed playground natural in character. The final design concept for the park includes a 5800 sf playground area. The design of the play equipment and structures was desired by the community to Town of Vail Page 2 include a natural theme and involve both an Art in Public Places (AIPP) designated artist and community children. Public artist Andy Dufford was selected by the AIPP to participate in the playground design. A community playground design workshop was held in early December 2015 and was attended by approximately 40 school age and younger children and their parents. Participants were provided with a variety of building materials and art supplies and were asked to draw or model their ideas for the playground. Playground ideas from the children were numerous and included several versions of tipi type structures, bridges, climbing boulders, tunnels, slides, and swings. The layout of the playground and design of the play structures reflect many of the ideas provided in a manner consistent with current playground safety guidelines. In addition, the playground design includes an acknowledgement of the history of the Vail Valley including the geology, the Ute Indian, the ranchers and the Vail community. 7. Public restroom, 2 -stall, 3 season, accessible and sensitive to the natural setting A public restroom is included in the final design concept for the park adjacent to the playground area. This location places the restroom as far from all residential properties as possible and makes it convenient to playground and recreation path users. The building architecture and materials are a gesture to the historic cabin on the Vail Mountain School campus. 8. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks throughout the park The final design program for the park includes a picnic shelter located on the western side of the park where the existing playground is currently located. Similar to the restroom building, the picnic shelter design utilizes the same pallet of materials and design elements. 9. Landscape Treatment The final design concept for the park includes additional landscape treatments throughout the park. The landscape plan includes an appropriate mix of native and ornamental plantings contextually appropriate to the surrounding landscape. The possibility of landscape berms along the Frontage Road are still being evaluated and will require CDOT permitting. . The landscape berms will mitigate some noise. All landscape and turf areas will be irrigated with an automatic, underground irrigation system. Final Park Design Comments regarding preferred preliminary Design Option 1 were received from the community and the Town Council and were responded to in preparation of the Final Design Concept for Booth Creek Park which was approved by the Town Council. The 2 primary comments that were received involved the orientation and location of the parking spaces along Manns Ranch Road and the location of the restroom. Parking orientation was modified from head -in spaces to parallel spaces and was located in the position of the existing widened gravel shoulder. The restroom was located along the eastern edge of the property adjacent to the playground area. This positions the restroom in closer proximity to the largest use area furthest from the residential units. The location is also convenient for recreation path and trail users. The approved Final Design Concept is attached. Design Development Drawings for Booth Creek Park further refine the Concept Design to include the architectural design of the restroom and picnic shelter buildings as well as the design and layout of the playground elements. The design development drawing package is included in the PEC submittal. Town of Vail Page 3 Relationship to development objectives The redevelopment of Booth Creek Park is consistent with the goals, policies and action statements included in the following planning documents. Comprehensive Open Lands Plan, 1994 The Comprehensive List of Recommended Actions included the acquisition and protection of Parcel 31, Tract B, Vail Village 11th Filing, Booth Creek riparian area. Redevelopment plans for Booth Creek Park, to the west of Tract B, retains the protection of this natural area without impact. 20/20 Strategic Action Plan, 2007 Parks and Recreation, Goal #3, Conduct necessary capital improvements of Vail's current recreational facilities and amenities to meet high standards of quality for users. Vail Land Use Plan, 2009 Chapter II — Land Use Plan Goals/Policies. 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, ad recreational uses to serve both the visitor and permanent resident. 1.2 The quality of the environment including air, water and natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. Chapter III — Opportunities and Constraints. 5. Open Space/Park Lands. These areas were considered unavailable for any future development, other than park -type developments. Chapter IV — Proposed Land Use, Key Goals. 2. The preservation of open space was determined to be a high priority. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town were both identified as priorities. Effects on light and air, population distribution, transportation, utilities, schools, parks and recreation and other public facilities. The redevelopment of Booth Creek Park will have no impact on existing light and air, population distribution, transportation, utilities, or schools. The redevelopment will have a positive impact on public parks and recreation facilities by increasing and improving existing park and recreation amenities. Effect upon traffic flow and control, access, and snow removal. The redevelopment of Booth Creek Park, by increasing and improving existing park and recreation amenities, may result in a slight increase in traffic on Manns Ranch Road. Parking and accessibility will be improved at Booth Creek Park by formalizing existing on -street parking and creating accessible parking spaces and routes. There will be no impact to snow removal as the Town does not provide snow removal functions within neighborhood -type parks Effect on character of the area including scale and bulk in relationship to surrounding area. The redevelopment of Booth Creek Park will have a positive impact on the character of the area by increasing and improving existing recreational amenities. The 2 buildings within the park, restroom and picnic shelter are small in scale and bulk as compared to adjoining residential units and are appropriate for the size and scale of the park property. The architectural design utilizes elements from historic structure existing near by on the Vail Mountain School campus. Town of Vail Page 4 The playground structures are of primarily natural materials and are connected to the history of the area. 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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 Ad Name: 11945123A 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 2/26/2016 and that the last publication of said notice was dated 2/26/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 03/07/2016. 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 03/07/2016. � 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 March 14, 2016 at 1:00 pm in the Town of Vail Municipal Building. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 11-3-3, Prescribed Regulations Amendment Vail Town Code, to amend Section 11-7-15 Ski Base Area Signs, and setting forth de- tails in regard thereto. (PEC160007) Applicant: Vail Resorts Inc., represented by Mauri- ello Planning Group Planner: Brian Garner A request for review of a Major Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the ad- dition of 1,193square feet of gross residential floor area (GRFA), located at 30413ridge Street Units R2 & R3 (Red Lion Inn Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in re- gard thereto. (PEC 160008) Applicant: Oscar Tang & Blue Mountain Invest- ments, represented by J+A Architects aka VAg Ar- chitects Planner: Brian Garner A request for the 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 construction of public parks and active public outdoor recreation areas and uses, includ- ing tennis courts and playground, as well asan ac- cessory restroom building and picnic shelter, locat- ed at 2900 Manns Ranch Road(Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC160009) Applicant: Town of Vail, represented by Todd Op- penheimer Planner: Chris Neubecker 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 26, 2016 in the Vail Daily. (11945123) Ad Name: 11978757A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM 14,ail hamb VMarch uncal Vail Town Council Chambers Your account number is- 1OP2P 33 75S. Frontage Road - Vail, Colorado, 81657 1 Call to Order Site Visits: Vail Daily 1)Booth Creek Park- 2900 Manns Ranch Road 2) Red Lion Condos - 304 Bridge Street PROOF OF PUBLICATION 2.A request for a recommendation to the Vail Town Council fora Prescribed Regulations Amendment, pursuant to Section 11-3-3, Prescribed Regula- tions Amendment Vail Town Code, to amend Sec- STATE OF COLORADO } tion 11-7-15 Ski Base Area Signs, and setting forth details in regard thereto. (PEC160007) - 15 Min. Applicant: Vail Resorts, represented by Mauriello l SS Planning Group I Planner: Brian Garner COUNTY OF EAGLE } 3.A request for review of a Major Exterior Alter- ation, pursuant to Section 12-713-7, Exterior Alter- ations or Modifications, Vail Town Code, to allow I, Don Rogers, do solemnly swear that I am a qualified for the addition of 1,193 square feet of gross resi- dential floor area (GRFA), located at 304 Bridge representative ofthe Vail Daily. That the same Daily newspaper Street Units R2 & R3 (Red Lion Inn Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting printed, in whole or in part and published in the County forth details in regard thereto. (PEC160008) - 45 Min of Eagle State of Colorado and has a general circulation Applicant: Oscar Tang & Blue Mountain Invest - meets, represented by J+A Architects aka VAg Ar- > > therein; that said newspaper has been published continuously chitects Planner:Brian Garner and uninterruptedly in said County of Eagle for a period of 4.A request for the review of a conditional use permit, pursuant to Section 12-8B-3, Conditional more than fifty-two consecutive weeks next prior to the first Uses, Vail Town Code, in accordance with the pro - visions of Section 12-16 Conditional Uses, Vail Town Code to allow for construction of public parks publication of the annexed legal notice or advertisement and and active public outdoor recreation areas and us- that said news paper has published the requested legal notice h h q g es, including tennis courts and playground, as well as an accessory restroom building and picnic and advertisement as requested. shelter, located at 2900 Manns Ranch Road (Booth Creek11, Block Vail Village Filing 13, and setting forth details in regard thereto. (PEC 160009) - 60 Min. Applicant: Town of Vail, represented by Todd Op- The Vail Daily is an accepted legal advertising medium, penheimer Planner:Chris Neubecker only for jurisdictions operating under Colorado's Home 5.A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to Rulerovision. allow for the future development of Employee li Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth That the annexed legal notice or advertisement was details in regard thereto. (PEC150019) - 5 Min. published in the regular and entire issue of every Table to May 9, 2016 Applicant: Town of Vail Community Development number of said daily newspaper for the period of I Department Planner:George Ruther consecutive insertions; and that the first P ublication of said oval of Minutes notice was in the issue of said newspaper dated 3/11/2016 and February 22, 2016 PEC Meeting Results Febru 7.Adjournmn Informational Update S.Adjournment that the last publication of said notice was dated 3/11/2016 in The applications and information about the propos- the issue of said newspaper. 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- tion and the site visits that precede the public In witness whereof, I have here unto set my hand this day, hearing in the Town of Vail Community Develop- 03/14/2016. ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional in- formation. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecom- munication Device for the Deaf (TDD), for informa- tion. General Man ager/Publisher/Editor Vail Daily Community Development Department Published in the Vail Daily March 11, 2016 (11978757) Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 03/14/2016. G2M.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019