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2016-0328 PEC
PLANNING AND ENVIRONMENTAL COMMISSION T(�4'Vr"JF 9�d� March 28, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order Swearing -In - New PEC Members — Item has been postponed to the 4-11-16 hearing. Site Visits: 1) Treetops Building - 450 East Lionshead Circle 2) Red Lion Building - 304 Bridge Street 2. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Note: Due to an error in the original mailing to adjacent property owners, as required by the Vail Town Code, this project will be re -heard before the Planning and Environmental Commission for a recommendation to the Vail Town Council. This item was originally heard by the Commission on December 14, 2015 where a recommendation of approval was forwarded to the Vail Town Council by a vote of 3-1. Applicant: Garmisch Townhomes, represented by Triumph Development Planner: Jonathan Spence Action: Deny Motion: Hansen Second: Kurz Vote: 7-0-0 Spence gave an introduction and indicated that the application will be re -heard by the PEC due to a mistake in the public notice. He reviewed some of the concerns raised by neighbors. These concerns included non -conforming parking, traffic, neighborhood character and spot zoning. Spence reviewed "spot zoning". It is a name for an action for rezoning inconsistent with a city's comprehensive plans. Rezoning a property is not spot zoning (if consistent with the plan). He reviewed existing conditions and how it realted to the Primary/Secondary, MDMF and LDMF zone districts standards. Current non -conforming aspects of the site were reviewed.. Redevelopment of the site would need to meet codes in place at the time of the redevelopment. He compared the existing and allowed GRFA (Gross Residential Floor Area) under various zone district designations. Another chart showed similar multifamily properties in West Vail. There are numerous properties that are non -conforming, built before annexation and not in conformance with the Primary Secondary zone district. Charts were shown with existing properties and the densities that would be allowed under different zoning districts. Staff reviewed the required criteria for a rezoning. MDMF is most compatible zone district with the existing land use and the existing development. Premise of nonconforming uses is that they will eventually go away. Staff does not believe that these uses will go away, but rezoning allows redevelopment to be compatible with town codes. Rezoning will have no negative impacts on environmental issues. In the 20 years since the zoning of much of West Vail, staff does not believe that any nonconforming uses in this area went away, nor is it likely that these existing nonconforming uses will go away. Rediker — What would be the maximum density if all 5 lots were redeveloped? Spence — We look at the total lot size and portion of the site that is developable. 7 dwelling units would be the maximum, Rediker — Are there any other MDMF zoned properties in this area? Spence — No, not in West Vail. The only multi-familyproperty in West Vail that is conforming is Vail Commons property. All other multifamily properties are nonconforming. Hansen — Is this the first rezoning in this area? Spence — Yes, this is the first on Garmisch. There was a proposal a few years ago for two other properties to rezone (behind the Brandeis building). Hansen — Is it common for a developer to piggy back a rezoning onto a development application? Pratt — Many of the complaints we have seen refer to a parking problem. By rezoning it, it will not fix the parking. Spence — The only way the parting gets fixed is through redevelopment Pratt —Does the Town enforce parking in the right-of-way? Spence — Due to the size of the cul-de-sac, the parking issues here are not the same as other areas of town. If additions are proposed, new parking will need to be provided in a conforming manner. Applicant, Mike Foster, Triumph Development— Inside Triumph Development, we also have Triumph Custom Homes. Triumph Development has no development aspects on this application. We are representing the property owner. We are trying to make this a conforming property. Owner has owned this property since 1985. If we go back to low density, it would be nonconforming. At medium density, it satisfies most of the criteria except the front setback. The far west side if a 5 foot setback. On east side, setback is 30 — 50 feet. Rediker — We are looking at changing the zoning to allow for this remodel? Foster — As of today, we plan to move forward. Originally we thought about knocking down east unit, and also building a single family home. Now, we do not plan to add a single family home. We studied additions of 300 sf to 800 sf. We are planning a roughly 500 sf addition, in character with other units on the property. Gillette — What is it that stops the single family home getting built? Spence — It's a note on the plat that speaks to these lots being separated for ownership purposes, not for the creation of a separate building lot. Gillette — Could the plat be amended? Spence — We have not looked into that fully, but it could be studied. The idea here is to rezone to allow improvements and redevelopment at some point in the future Gillette — If you amended the plat and eliminated the eastern unit, to build a single family home, could it be a Primary Secondary lot? Foster — No, lot is about 8,400 sf. Pratt — Is this one the lots we changed a few weeks ago on Primary Secondary units? Spence — No, that was specific to nonconforming duplexes. Rediker — What conversations have you had with other unit owners in the building about redevelopment? Foster — We have not talked about that. We talked about reskinning the building, or a new roof. But not tear downs. Public Comment — Kathy Langenwalter — Resident for 40 years, concerned neighbor. Former commissioner on PEC. Previous staff memo did not include all relevant information. Also, original public notice did not include all adjacent neighbors. There are 2,140 square feet, 5 bedrooms, 4 bath homes. Property was bought in 1988 by current owners. Triumph claims that rezoning will fix the nonconforming issues. This will set a precedent for other redevelopment, and other properties will have the right to redevelop. Sometimes you need to see if the rules don't work for you. Staff supports rezoning based on the land use plan and proposed zoning as similar. But they are not similar. Land Use Plan calls for Medium Density Residential in this area. GRFA has been sacred in the Town. To rezone would constitute spot zoning. Primary request is density. MDR (Medium Density Residential) and MDMF (Medium Density Multiple Family) are not similar categories. Gillette — Do we have an MDR zone? Spence — MDR is a term in the Land Use Plan for a land use classification. MDMF is a zone district designation and part of the Vail Town Code. Langenwalter — Handed out a copy of the Land Use Plan and the Zoning Maps, and showed the maps to the PEC members. MDR calls for housing with common walls, private parking, and private recreation. She reviewed the differences between the MDR and MDMF designations. Duplex on 14,000 sf is 6 Units per acre. A third unit takes the duplex lot to 9 units per acre. In addition to 18 DUs, each is allowed one AU (Accommodation Unit) by right, which makes 36 DUs. She mentioned some of the floor areas that are excluded from multifamily uses. Can't compare Primary Secondary zoning to what is proposed. Once it's approved, it does not have to go through this board or Town Council. If approved, people will just get DRB review. Accommodation Units require .8 parking spaces per unit. Since there was not a site visit, you did not see the condition of the properties in this area. She discussed mass and bulk, limited only by site coverage and height. Total of 29 properties on Garmisch Drive, 5 are multifamily properties. Increased traffic was mentioned. Redevelopment would serve the development community, but not the full time, working class residents in this neighborhood. These units preserve housing that is somewhat affordable. In this case, it is a grant of special privilege. The other 4 owners would have to do a total renovation for egress and views in order to add GRFA. Galen Aasland — Page 10, Section 5 of the staff memo- Question on the land use designation as mentioned in the staff memo. Believe the proposal is bad for my neighborhood and for the town. Other property owners will use the same argument to rezone their property. There should be a master plan for all of West Vail. Properties adjacent to this site are single family. This application is asking for properties currently zoned Primary Secondary to be 4 stories instead of 3 stories. This fails on the theoretical level, practical level and fairness level. There are too many parking problems right now on this property. There are other properties with more development potential. Closed Public Comment Lockman — We have to arrest these nonconformities. Town should come up with a strategic way to address these issues. If someone wants to address these issues on their own, this is the way to do it. This application has gone through the town process and meets the criteria. Maybe there should be some conditions to address the town's concerns. Hansen — Master Plan for West Vail is a good idea. Concerned that we have 1 owner out of 5 here at the meeting. Support the staff findings on criteria #1. Does not feel criteria 2,3 and 4 have been met Support staff determination of compliance with criteria #5, 6, 7 and 8. This is probably not the right way to go at this time. Kurz — I was not at the previous meeting in December. To a larger degree, I agree with Hansen. This will be precedent setting. We should look at a Master Plan for West Vail. In favor of the ability to improve properties. It does appear to be a special privilege for one owner. Rediker — Appreciate effort put in by staff. I want to encourage redevelopment of structures like this. This property needs redevelopment. My concern is spot zoning. We have a whole neighborhood of properties with one classification. Read a definition of spot zoning. There is a big enough difference between MDMF and PS zoning for this to be considered spot zoning. I do not this this one criteria #4 will be met. Gillette — I lived in that neighborhood. There is no way that increasing density is in the interest of the community. Martin — I want people to be able to improve their properties. Going from 5 to 7.74 DUs seems reasonable. No sure of the impact of this in the context of precedent for other properties. Pratt — One application does not create a precedent for another property. One owner has room to clean up his parking problem. If the property is redeveloped, you would get compliance with setbacks. Public has pointed out that there are many properties in this area that have the potential to upzone. Ramifications of rezoning this property from PS to MDMF would be large increase in density for this neighborhood. Rediker — When the town planned this area, they knew that this area was non -conforming. We have to deduce that the Town at the time determined it was appropriate to be PS and not MDMF zoning. Spence — Spot zoning has more to do with a relationship to master plans and overall community plans, rather than the size of the property. Rediker — Zoning map was created by the Town Council. Is that not as important as the Master Plan? Spence — The zoning map tells what is allowed today. The Land Use map and Comprehensive Plan are more holistic and forward looking. There is currently a disconnect between the zoning map and land use plan. Gillette — Land Use plan is looking forward, but this needs to be planned in order. But Garmisch Drive cannot handle more units. Spence — The only way to get conformance is with redevelopment. These nonconforming uses will not go away. Gillette — Infrastructure is not adequate to increase density. Reopen Public Comment — Kathy Langenwalter — On the definition of spot zoning. Normal process to increase height is the variance process. GRFA variances are not easy to get. Applicant would have to prove that there is not a special privilege. They need a plan to show in reality what will be built. It is not clear who is being represented. There is a process in place. Close Public Comment Lockman — What is the timeframe for staff to look at planning for this neighborhood? Next 1-3 years? George Ruther — In past 40 years we have not seen 3 of these units go away in order to come into conformance with the existing zoning. We are not setting people up for success if we let these nonconformities go. There are nonconforming uses that we would like to see go away for a list of reasons. In many ways if you create a nonconforming use, you create a scarcity. An example is the nonconforming real estate offices on the ground floor on Bridge Street. Rediker — What is the discussion at the staff level for planning this area? Ruther — We should look at the impact of rezoning and for not rezoning. We need to look at how to get redevelopment to occur. We have waited 40 years to see if these nonconformities go away. They will not likely go away in next 40 years. There is an ability to do some limited improvements. If you allow for more improvements to these properties, you are encouraging these nonconforming uses to stick around. Gillette — Some members of PEC are in favor of this application, and some are not. Hansen — Motion to deny the application. Second by Kurz. Vote — 7-0-0 Gillette — Agree that we should deny, based on not meeting criteria #7, that the conditions have not changed since zoning was established. Foster — Requested one last word on this issue — We came in with a plan a few years ago. We met every criterion except for the zoning at the time. PEC at the time said that they would not change the zoning until we do a full master plan for West Vail. Pratt — Suggested that the applicant pass this message on to the Town Council. 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: Table to allow for the resolution of the GRFA restriction by the Town Attorney First: Gillette Second: Lockman Vote: 7-0-0 Garner- Summarized the request and provided updates to the application since its previous review on March 14, 2016. A meeting was held among staff and neighbors to attempt to address their concerns. The applicant has provided roofline alternatives and answers to previously asked questions from neighbors. Height calculations, view corridor impact, and sun/shade analysis were reaffirmed. Since the last meeting, a restriction on additions to the property was discovered. The restriction was self-imposed by the property owners for a previous PEC approval to expand the Red Lion in 1990 and shall not be revoked without consent of the Town of Vail. Hansen —Was the restriction a condition of approval? Garner — Yes, and it was added to the private document (covenant). Kurz — Do we have a legal opinion on the applicability of the restriction? Garner — A legal opinion is forthcoming. Brian Judge presented on behalf of the applicant. Regarding the new information, Mr. Judge stated that it was presented to staff around August 2015, and may only be new to the PEC. Mr. Judge indicated that a meeting was held with the neighbors to the north to discuss their concerns. Based on this meeting, a new option was developed, referred to as Option 1, being presented today. Judge referenced a visual presentation depicting the proposal being non -impactful to any established view corridors. Judge referenced a visual presentation comparing the original application to Option 1. The original application featured a gabled roof form, but has been replaced by what he feels to be a less intrusive roof with a clipped hip in Option 1. He emphasized that there is still GRFA available for use, but the applicant feels this option best addresses all concerns. He referenced other options that were not deemed as desirable as Option 1. In regards to the mechanical enclosures, pipes, and fans, Judge stated they are still proposing alterations which will relocate them to a mechanical mezzanine area, which should reduce the amount of noise from the fans. As the request of the PEC, Judge further described other designs that were considered and further elaborated on the change in roofline in Option 1. Judge explained that the exterior wall is getting closer to the building to the north, rather than higher. Rediker asked for clarification as to which option is being requested for approval. Judge responded Option 1 is the current proposal at hand. Hansen asked if there is a full packet for Option 1, to which Judge replied that the full packet for Option 1 is on his visual presentation. Judge referred to a sun/shade analysis comparing existing conditions, the previous proposal, and Option 1. Pratt asked about the larger chimney being proposed. Judge responded that fresh air intakes be added to the chimney to help reduce noise. Gillette and Rediker asked for clarification regarding any additional shading created by the proposal. Judge indicated that there is an increase in vertical shading on the building to the north. Gillette expressed concern about how substantial the increase is in shading, to which Judge referred to additional slides which compare the impact of shade at different times for Option 1. Public Comment Bill Gardiner, representative of the Rucksack HOA, stated that the HOA submitted questions to Brian Garner and now would like to present a PowerPoint addressing their concerns. Gardiner stated that a local architect helped review the plans for their potential impact on the Rucksack building. He stated that they did not receive the heights for the new eaves. He believes that the proposed roofline still brings a large wall towards their building, and as high as the peak of their eaves. Gardiner referred to a picture demonstrating the location of the originally proposed addition and its visual impact on the Rucksack site. He stated that the HOA asked for vertical cross-sections at certain points on the Red Lion. Gardiner referenced a drawing he produced, not guaranteed to scale, and stated that he felt the proposed addition is still too close to the Rucksack building, with the eaves proposed coming within eighteen inches (18") of each other, and the buildings are only five feet (5') apart. Referencing a rendering of the revised stair entrance at the Red Lion, Gardiner stated that he believed the roof of the stairs will encroach onto the Rucksack property. He stated that the HOA offered the Red Lion an access easement so that the Red Lion could use the Rucksack stairs. The HOA still has concerns regarding sun/shade analysis. Gardiner added that there are concerns regarding ambient light into the Rucksack building being blocked by the proposed addition. He discussed the wind tunnel effect that occurs between buildings. He believes that the closer the buildings are, the stronger the wind tunnel effect. Gardiner stated that the HOA still thinks the proposal can be improved to further protect their rights and that the HOA is willing to work with an architect for a better design. He concluded by referencing a picture showing his outdoor deck on the Rucksack building receiving sunlight at 11:OOAM on March 27, 2016, but with the windows in the shade. End of Public Comment Martin stated that he feels he does not have information to make a decision because he is unable to determine the impact on sun/shade. Gillette stated that he concurs with Martin and added that Option 1 appears to address all of the concerns, but additional exhibits would be helpful. Rediker stated that he has concerns regarding the request for additional GRFA when there is an existing restriction on the addition of GRFA and voiced his displeasure that the PEC just learned of the issue. He concurred that there is not sufficient information to make a decision in regards to the impact of the proposed addition on sun/shade. Rediker stated that he anticipates a substantial impact on sun/shade, but pointed out that the guidelines also indicate that sun/shade impact should not solely exclude development. He expressed concern specifically about the second and third floor decks. Rediker stated that the application should not come before the PEC again before the issue regarding GRFA restrictions is resolved. Kurz concurred with Rediker's statement, specifically resolving the GRFA restriction. Hansen stated that he supports the applicant's proposal and found Mr. Gardner's comments unconvincing, but would like the GRFA restriction resolved before the item moves forward. Lockman concurred with Hansen's statements Pratt stated that the GRFA restriction should be resolved before any vote takes place. Pratt added comments regarding his disappointment that they have again identified previous approvals that resulted encroachments into view corridors. Mr. Pratt stated that the zero foot (0') lot line creates a unique situation and feels that the sun/shade impact is not applicable to zero foot (0') lot line situations. Forcing the Red Lion to remove any sun/shade impact would hold them hostage to the current design of the Rucksack building. Mr. Pratt added that the increased size of the chimney is also an issue to address. Judge asked to address the document with the GRFA restriction. Judge stated that after discussing the condition with the town, he felt it was best to move forward with the request and that the restriction could later be removed after approval by the town. Rediker stated that it could be the condition was added for the very reasons, such as building height and sun/shade impact, the PEC has discussed at this meeting. Hansen stated that he would be more comfortable after receiving an opinion from the Town Attorney. Rediker stated that he felt it did not make sense to require additional sun/shade analysis while we are waiting for the Town Attorney's opinion. 4. A request for the review of a conditional use permit, pursuant to Section 12-7H-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for conference facilities and meeting rooms, retail bookstore and cafe, and professional offices located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC160006) - 45 Minutes Applicant: Vail Center, represented by Michael Hazard, Architect Planner: Chris Neubecker Action: Approve with Conditions Motion: Kurz Second: Hansen Vote: 7-0-0 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 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. Applicant shall include the following statement on its website and within all conference registration materials: "The Vail Centre embraces sustainability both in terms of the many programs it offers and in its behavior as a partner in limiting impacts to the environment. We have made our home in the pedestrian fabric of Lionshead village and have partnered with lodging establishments nearby. We encourage you to enjoy our setting by walking or using Vail's free transit network to join in our programs. Our Centre has no on-site guest parking, but parking may be available in the Lionshead Parking Structure directly across the street from our building. Private passenger drop off is available in the lower level (west end) of the Lionshead Parking Structure. Please be aware that passenger drop-off is not available on the facility site nor allowed in the transit area next to the site. " Applicant shall submit any proposed revision of this language to the Town of Vail Community Development Department for review and approval, which may require an amendment of this Conditional Use Permit. 3. The applicant shall instruct all of its tenants and employees to inform delivery drivers, caterers, and other people making deliveries to the Vail Centre to use the on-site loading dock or the designated courier delivery zone on the north side of East Lionshead Circle, near the east end of the Lionshead parking structure and not to use the Lionshead Circle transit stops. The applicant shall be responsible for ensuring that people making deliveries to The Vail Centre adhere to these requirements and the adopted Lionshead Loading and Delivery plan (Attachment D), and as updated on the Town of Vail website. 4. Applicant shall install signage at the entrance to the on-site parking structure informing conference attendees and retail customers of the exclusive use of the on-site parking by Treetops residents. The sign shall be installed prior to occupancy of the Vail Centre building, and the applicant shall obtain a separate sign permit from the Town of Vail prior to the installation of any signs. The applicant shall be responsible for ensuring that employees, conference attendees and customers of The Vail Centre adhere to these requirements. 5. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. Neubecker summarized the application with the details of the staff report. Lockman —Who paid the $98,000? Where did one extra parking space come from as calculated by staff? Neubecker — The applicant at the time of building construction paid the pay in lieu fee. The parking space was calculated based on the aggregate of different uses proposed today. Neubecker made clear there are conditions of approval if PEC approves the application. Clarifies the parking pay in lieu fee, if applied today. Rediker — Will the cafe be separate ownership? Neubecker — The applicant will address that question in his presentation. Lockman — How would the Town assess parking if a Conditional Use Permit wasn't part of the application? Neubecker — It would likely still go before the PEC due to the desire to reduce parking, and review by DRB. Gillette- Why isn't the town looking for additional fee in lieu? Neubecker — Because the parking demand is looked at more holistically. The parcel is also outside the fee in lieu zone. Gillette — Why was a fee in lieu paid originally? Neubecker — It was in the fee in lieu zone at that time. Pratt — What constitutes the definition of first floor when different sides of the building are at different levels? Neubecker — Front entrance is at grade level. And has been historically been designated this way. Hansen —Will this application see the DRB? Neubecker — Not unless exterior changes are proposed. Hansen — Thinks the proposal is good for the community but thinks parking and transit is an issue. Neubecker — In the conditions of approval there is specific language to help address parking and transit concerns. Hansen — Acknowledges that is a good start. Martin — Does that satisfy ADA requirements? Neubecker — ADA parking only applies if parking is built on-site and drop-off is available. Rediker — Will a coffee shop have an impact on the availability of short term parking spaces in the structure? Neubecker — Staff doesn't think the cafe will have that great of an impact. Rediker — Did you consider language toward deterring parking and passenger drop off in front of the facility? Neubecker — Will work with the applicant to revise, if necessary. Neubecker introduces applicant, Michael Hazard, Architect, who summarizes on the info already presented. Kurz — Is the cafe strictly connected to the function of the conference facility or stand alone cafe? Is applicant aware of the past bookstore in this location that did not survive? Hazard — It'll be both, but can be operated independently too. Kurz —What is the total maximum occupancy of the space? Hazard — Still looking to determine maximum occupancy by code. Kurz — Is the space to be rented or purchased? Hazard — It will be purchased as a consortium. Duke University, Cornell and CU are some of the partners. Hansen — How quickly will you build this out? Hazard — As quick as possible. Currently under contract to purchase the property. Pratt — Are the offices upstairs connected to the conference use and will not be subleased? Hazard — Correct. No, they will not be rented out. Gillette — Is the operation currently in Avon? With conference space? Hazard — Correct Gillette — How does the operation work in Avon? Do people walk from their hotel? Hazard — Been in operation for 18 years or so, and they may find ballroom space in hotels sometimes for large events. They are not operating seminars in Avon. That's no a good example of how it works. Not entirely certain how they work logistically. We support this change of use. Public Comment Ross Davis, Jr. Attorney for Treetops Condominiums — Parking fee in lieu explained from his historical perspective. Vail Resorts filled in the mezzanine when they remodeled. Town did not require fee in lieu at that time, but required a fire sprinkler system at the time. Public Comment Closed. Lockman — Supports the application — There is a real need for this type of education. Wants some clarity as to the fee in lieu zones. Neubecker — Provided Lionshead fee in lieu map exhibit showing Treetops building not in the zone. Gillette — Does Sec. 9.3.3.1 refer to the map exhibit you provided? Neubecker - Lionshead Redevelopment Master Plan references that map. Lockman — Thinks the occupant needs to do everything possible to manage drop off and parking of their guests so they don't interfere with transit operations. Hansen — Supports the application Kurz — Supports the application and is good for the community. Rediker — meets the review criteria. Supports the application but recommends minor a tweak to the language to highlight "no passenger drop off on site or in front of the facility," and to direct passenger drop off in Lionshead parking structure. Gillette — Supports the application. Martin — Supports the application. Concerned the restrooms are undersized. Pratt — In favor of the application. Does think the parking and drop off situation could be a problem. 5. Approval of Minutes March 14, 2016 PEC Meeting Results Action: Approve Motion: Kurz Second: Lockman Vote: 7-0-1 (Martin abstain) Pratt - Correction to Red Lion — Remove "shadows not protected." Lockman - Concerning approval to park — would like to hear from Town Staff more about stream encroachments. Webb Martin was thanked and recognized for his service as this was his last meeting. 6. Informational Update Energy Usage - Natural Gas — Postponed to the April, 11, 2016 meeting. 7. Adjournment Action: Approve Motion: Rediker Second: Gillette Vote: 7-0-0 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 28, 2016 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two - Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Note: Due to an error in the original mailing to adjacent property owners, as required by the Vail Town Code, this project will be re -heard before the Planning and Environmental Commission for a recommendation to the Vail Town Council. This item was originally heard by the Commission on December 14, 2015 where a recommendation of approval was forwarded to the Vail Town Council by a vote of 3-1. ATTACHMENTS: Name: Description: D PEC150034 Staff Memo.pdf Staff Memorandum D PEC150034 Memo Attachments A-E.pdf Staff Memorandum Attachments A-E D PEC150034 Memo Attachments F-H.pdf Staff Memorandum Attachments F -H 0. )rnwN of vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: March 28, 2016 Subject: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development LLC Planner: Jonathan Spence I. SUMMARY The applicant, Garmisch Townhomes, represented by Triumph Development, LLC, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council, for a zone district boundary amendment, subject to the findings noted in Section VIII of this memorandum. Note: Due to an error in the original mailing to adjacent property owners, as required by the Vail Town Code, this project will be re -heard before the Planning and Environmental Commission for a recommendation to the Vail Town Council. This item was originally heard by the Commission on December 14, 2015 where a recommendation of approval was forwarded to the Vail Town Council by a vote of 3-1. Additional information not originally included in the December 14, 2015 staff memorandum is provided in this report. Specifically, the additional material relates to a greater analysis of Buildable Area and its impacts on development potential as a result of the proposed rezoning. Also included is a snapshot of existing multi -family properties in West Vail also zoned Two -Family Primary/Secondary District and their relative densities based on dwelling units per acre of Buildable Area. Please see Section VI and related Attachments F, G and H. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. The boundary amendment will provide a zoning more suitable for the project and allow appropriate redevelopment/expansion consistent with the Medium Density Multiple -Family District. It is anticipated that a Design Review Board (DRB) application for an addition to Unit E, the easternmost unit in the building, will be submitted subsequent to a successful rezoning of the property. The applicant has supplied a narrative dated November 18, 2015 that is included as Attachment B. Staff has received no correspondence from property owners in the vicinity concerning the proposed rezoning at the time of the preparation for this memorandum. III. BACKGROUND The subject site was platted as Lot 15, Block G of Vail das Schone Filing #2 in Eagle County in 1969. The Garmisch Townhomes were approved and constructed in 1976/1977 and platted as a Minor Subdivision in Eagle County in 1978. The property was annexed into the Town of Vail in October of 1986 and subsequently zoned Two - Family Primary/Secondary Residential (PS). The application of the Two -Family Primary/Secondary Residential (PS) resulted in the property becoming legal nonconforming in terms of dimensional and development standards. The areas of nonconformity include use, density, height and setbacks. Improvements to the property since annexation have been confined to repainting and reroofing. No increases in Gross Residential Floor Area (GRFA) have been permitted due to the existing nonconformities. IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter H — Land Use Goals and Policies (In Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to Town of Vail Page 2 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. ollows. 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. B. Title 12, Zoning Regulations, Vail Town Code (in part) Chapter 12-1: Title, Purpose and Applicability Town of Vail Page 3 12-1-2. Purpose.- A. urpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes.- 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. Article 12-6D Two -Family Primary/Secondary Residential (PIS) District 12-6D-1: Purpose.- The urpose. The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two- family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two - Town of Vail Page 4 family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2. Permitted Uses.- The ses. The following uses shall be permitted.- Employee ermitted. Employee housing units, as further regulated by chapter 13 of this title. Single-family residential dwellings. Two-family residential dwellings. 12-6D-3. Conditional Uses.- The ses. The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Bed itle. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6D-4. Accessory Uses.- The ses. The following accessory uses shall be permitted.- Home ermitted. Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and two-family Town of Vail Page 5 residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D-5. Lot Area and Site Dimensions.- The imensions. The minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12-6D-6. Setbacks.- In etbacks. In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12-6D-7. Height.- For eight. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12-6D-8. Density Control.- A. ontrol. A. Dwelling Units. Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. B. Gross Residential Floor Area.- 1. rea. 1. The following gross residential floor area (GRFA) shall be permitted on each site.- a. ite. a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area, plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area, plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area, plus Town of Vail Page 6 d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). C. Employee Housing Units. Notwithstanding the provisions of subsections A and 8 of this section, a type 1 employee housing unit shall be permitted on lots of less than fourteen thousand (14, 000) square feet in accordance with the provisions of chapter 13 of this title. Any type 1 employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are demolished, in which case the zoning on the property shall apply. However, an existing type 1 employee housing unit may be replaced with a type 11 employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12-6D-9. Site Coverage.- Site overage. Site coverage shall not exceed twenty percent (20%) of the total site area. 12-6D-10: Landscaping and Site Development: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12-6D-11: Parking.- Off arking. Off street parking shall be provided in accordance with chapter 10 of this title. Article 12-G Medium Density Multiple -Family (MDMF) District 12-6G-1: Purpose.- The urpose. The medium density multiple -family district is intended to provide sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-2. Permitted Uses.- Town ses. Town of Vail Page 7 The following uses shall be permitted in the MDMF district. Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6G-3. Conditional Uses.- The ses. The following conditional uses shall be permitted in the MDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Bed itle. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6G-4. Accessory Uses. The following accessory uses shall be permitted in the MDMF district.- Home istrict. Home occupations, subject to issuance of a home occupation permit in accordance with Town of Vail Page 8 the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6G-5. Lot Area and Site Dimensions.- The imensions. The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6G-6. Setbacks.- In etbacks. In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6G-7. Height.- For eight. For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12-6G-8. Density Control., A. Gross Residential Floor Area. Not more than fifty six (56) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in a multiple -family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. B. Exemptions. All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 12-6G-9. Site Coverage.- Site overage. Site coverage shall not exceed forty five percent (45%) of the total site area. Town of Vail Page 9 12-6G-10: Landscaping and Site Development.- At evelopment. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-6G-11: Parking.- Off arking. Off street parking shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. V. SURROUNDING LAND USES Land Use Designation Zoning North: Open Space N/A, National Forest South: Medium Density Residential Two -Family Primary/Secondary Residential (PS) East: Medium Density Residential Two -Family Primary/Secondary Residential (PS) West: Medium Density Residential Two -Family Primary/Secondary Residential (PS) VI. ZONING DISTRICT STANDARDS COMPARISON The following table compares the existing conditions of the Garmisch Townhouses and the dimensional standards of the Two -Family Primary/Secondary Residential (PS) District, the Low Density Multiple -Family (LDMF) District and the Medium Density Multiple -Family (MDMF) District. Town of Vail Page 10 N U N N C O N LL C cu LL G J a L C f6 cn N N 7 O L C O L U E rcu V (D s y-+ 0 cn C O c O U CY) C N X W O O cu CQ C O U W 0 N 63 y U) U O U Q 6s O n N N NO I O w D 63 cL O) O O N or N0U? Y C 'a N d 2 - O 6) 'O n 6s m o I w N coM �-' 0 N V O M w LaL ' N � O E O a 0 O'LWL N U N O LO .. M O d N O co iD vi O v O. a a) Uw co LL .. o 2 n o w Y L o c .= N O O O N N 0 O N (n O' U (n 63 v q? o v m m o 0 � N o 0 LL 0 0 N �a�z LLinv)wlicor° r- LO �- r- (Lodi -O z 0 .N.. 63 y U) U N N � U) N N N N U) O � 6s n _ I N O 63 'D w 6) or cL N N .� 63 O_ N N 0) .�.. _ U) o O N O' O N�?LO Y C 'a s w d 2 O S N Q 'O it N E LO o I v •O 5 Usl 0 � 0 LL wa Of r00i o 0 a_`LL o a 'O � "mow LO M O Q "ct� o w(9vi asi O v N LT d O N vi O C .'".. 0 N O00 c04 N N 02 O -O 2 U D 6) co 6= N (O O' N O' U & (n 6) CL u Y 63 O' O O 0 Q O N O �`6 -0 -a N 0_ (6 O 0 co N M� T N O o0 LL 0 0 (n 2' 0 0 0 a) C p Jaz z LL(ofo2I c2f) M V oo (Du -)N —O z E _ O co co U U > N 6) 6) O_ O_ 6) Q co M V 63 II 3 IL N w N > co Ww^ N E N 63 N O O N N Q O- US) 6= 6= 0 -a N 2 N O If) � .�. 2 2 (n sN0 s7 a '0 o I �� I O v LU W E0 olailailai (O O v N� �M— _ N00- 000p- 00 o 2 `O 622'2' s w000 'a v v moo' o p Q L o o 0vl vl vl ) a! i)'O "wwLL M O H F- a N w 00 O .�.. lf') N or co E U0 ON 0-0 + t 0 0 0 M C co N cc)v O co co co N X000 O_Q O� Oi (n Q C Qj N� 0-p -a O.� f6 O 7 D 00 T ON f6 Q_00 LL 0 C CL 2— L6 z LL (o (o Q_ LL U) N N c0 Mo VM (0 h LO (D N V LO O AlLD _ u � O O O_co U O_ w N N N c LL 'O 'O dl 2 w O t w + N N O' (OA fOA C C M 0 0Z(n0 �� US) US) O U U O mw M O� C N N m (O� � LO (0 0 O OMo N NAY X (6c6 O 'O -O N LO D O) - o0 O O O -O 6) O w N LL()()Q_ M -Q LOO) Q O_w O C O N O) O) N U N p E000 EY E Erni a�EE� J O. 0 "O N Q 6s 7 U E6s 7 Et 7 U C O E=_ Q > 7 O UEEN 7 U -O O) O) (o 'O 6) Q 'X m X N w LL LL 'X Y Y �ioJmQ�(o 2x20 (D co E�J2 2 W To assist the decision makers in understanding the proposal in context of other existing multi -family residential properties in West Vail also zoned Two -Family Primary/Secondary District, staff has prepared a number of exhibits, included as Attachments F, G, and H. They are as follows: Attachment F: Density Based on Buildable Lot Area This map shows the spatial location, address, unit count, buildable lot area and property densities based on dwelling units per acre of buildable lot area. Attachment G: West Vail Multi -family Property Density Comparison This chart illustrates the existing density of West Vail properties in relation to the allowable densities of the LDMF, MDMF and HDMF Zone Districts. It should be noted that the gap between existing and allowable densities of the various zone districts is in units per acre of buildable area, not true units. • Attachment H: West Vail Multi -Family Properties Existing and Allowable Units This chart illustrates the existing allowable unit counts for West Vail properties based on current conditions and LDMF and MDMF zoning scenarios. This illustration also shows the possible affect on total unit count. VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 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. Town of Vail Page 12 12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following definition of the Medium Density Residential Land Use Designation: MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2. Purpose.- A. urpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes.- 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. Town of Vail Page 13 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. Staff finds the proposed rezoning to be consistent with the following purpose of the Medium Density Multiple -Family (MDMF) District identified in Section 12-6G-1, Purpose, Vail Town Code: The medium density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Existing surrounding uses include single family, duplex and multi -family residential uses. The scale and intensity of these uses is compatible with the uses permitted under the Town of Vail Page 14 Medium Density Multiple -Family (MDMF) District. The Vail Land Use Plan identifies the subject property and many of those in the general vicinity as Medium Density Residential, indicating their potential for possible future multi -family development. Future development on the subject site, including alterations and expansions of the existing structure is compatible with the proposed zone district. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment from the Two -Family Primary/Secondary Residential (P/S) District to the Medium Density Multiple -Family (MDMF) District for the property located at 2308 Garmisch Drive will allow for future improvements that are harmonious with its surrounding land uses. The rezoning is consistent with municipal development objectives as it is compatible with Chapter Vlll, Implementation, of the Town of Vail Land Use Plan. This section of the plan specifically tasks the community in evaluating the existing zoning map and current land uses for opportunities to bring these into conformance with the Land Use Plan when community interests are served. As noted under criteria number one, the rezoning is consistent with the development objectives of the town. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The development standards of Medium Density Multiple -Family (MDMF) District will ensure appropriate, compatible development that is in the best interest of the community. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for a determination of spot zoning. Therefore, Staff does not find that the applicant's proposal constitutes a spot zoning and finds the proposed rezoning meets this review criterion. Town of Vail Page 15 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of the subject properties from the Two -Family Primary/Secondary Residential (P/S) District to the Medium Density Multiple -Family (MDMF) District will not substantially alter the impacts on the natural environment in comparison to existing conditions. All appropriate measures to address issues including stormwater run off and water quality shall be required with any development proposal. The property does not contain any desirable natural features for consideration. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Medium Density Multiple -Family (MDMF) District. The rezoning furthers the purpose of the zone district by recognizing the subject parcel as a suitable location for medium density multi -family development, designed and constructed to maintain the desirable residential qualities of the district, and the greater neighborhood. Therefore, Staff finds the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The subject properties were constructed in 1977 prior to annexation into the Town of Vail in 1986. The initial application of zoning contemplated the eventual discontinuance of the resulting nonconforming use. The adoption of the Vail Land Use Plan recognized the inconsistencies between existing land uses and zoning designations and provided guidance on steps moving forward in addressing these inconsistencies when it is in the community's interest. Therefore, Staff finds the proposed rezoning meets this review criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Town of Vail Page 16 VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034). Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC 150034)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of this Staff memorandum to the Planning and Environmental Commission dated March 28, 2016 and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, and 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. Town of Vail Page 17 IX. ATTACHMENTS A. Vicinity Map B. Applicant's Submittal dated November 18, 2015 with Attachments. C. Property Photos D. Town of Vail Official Land Use Map in the vicinity of the subject property. E. Town of Vail Official Zoning Map in the vicinity of the subject property. F. Density Based on Buildable Lot Area Map, (February 11, 2016) G. West Vail Multi -family Property Density Comparison Chart, (February 12, 2016) H. West Vail Multi -Family Properties Existing and Allowable Units Chart, (March 28, 2016) Town of Vail Page 18 _/ �! i � � �I i �� �__ _ uP � � I � �'° � � • I� �I i** I I �' n '� � / / � j /,. \\ i / �� i� ,% � / / i / i/ / � i �' �" �� / �i / l / /� i i � � „�„ �! / � >„ i�rt ii � �i �{� � �� � ',\ g �l � '„ I i �� .� ��� '� r s \ _, �' �Mw�°---- '� � �� �_ �� ,� �� � � .., r �� IT � - i,. � � a �� *" �"�G` ter. � .. � .% �. , � s �* , ���� � ��. � ,""* *�r � „ �� , ,„. I / �� /. / .. ,, � / .. ', � �, � i Baumstark residence —November 18th. 2015 Address: 2308 Garmisch Drive #15E Owner Request: Triumph Custom Homes www.tnumphdev.com The Baumstark family has owned 2308 Garmisch Drive #15E since 1988. Our family has outgrown the existing home and we desire to remodel and add to our current unit which will allow our continued enjoyment for many years to come. We are recommending a rezoning, from the current zoning primary / secondary, to MDMF (Medium density Multi -family) which better suites the existing structure and use. This will clean up all non -conforming issues except the existing front and "west" side setbacks. All other zoning requirements will be met. Mike Foster of Triumph Custom homes has met with George Ruther regarding this proposed change and he believes this cleans up the glaring non -conformity today. This application will be submitted to Planning and Environment Commission (PEC) for their recommendation to Town Council for approval. Once PEC / Town Council approval is complete, the revisions will need to be submitted to and reviewed by to assure all Design Review Board Guidelines are met. Property History and Current: Original Neighborhood Plat - Lot 15, Block G of Vail das Schone Filing #2. Platted June 1969 in Eagle County. The Minor Subdivision Plat for Garmisch Townhouse development was approved as a townhouse project in Eagle County and platted August 1978 with 5 units. Platted as separate lots with Declarations and Covenants governing the community. Not a common property, but this will be how Town of Vail views it for zoning purposes. When the property was original approved for development it was in a Multi -family Zone District - R/M/F. Property was annexed in to the Town of Vail in October 1986. Despite the existing townhome improvements, it was zoned Two -Family Primary/Secondary Residential to allow and encourage single family and duplex development. Unlike many Townhome communities in Vail, there is no common property. There are only utility easements that are written in a manner that says they cannot be adjusted to the P. 970.479.9990 12 Vail Road, Suite 400 F. 970.479.0619 Vail, CO 81657 detriment of the other unit owners. Unit #15E is an end unit and rebuilding will not impact these common utilities with other units. The Declarations, Covenants, Conditions and Restriction for Garmisch Townhomes outline simple cost sharing of the maintenance of shared elements such as water and sewer, as well as the obligation to pay changes to common elements or impact to neighboring property caused by any one property. The Covenants required approval of all unit owners for material changes to the exterior of any unit. Lot Details and Zoning Requirements: Despite being built in a multifamily zone in Eagle County, when the property was annexed into the Town of Vail, it was prescribed Primary/Secondary zoning. This zoning made the Townhouses a non -conforming use. This zoning indicates that TOV wants single-family homes or duplexes vs. existing multifamily zoning. By rezoning this parcel to MDMF it better fits the existing 5 unit townhome structure. MDMF Code Actual/Proposed Notes Site size 26,013 Density / Acre 9 5 Meets Zoning Total GRFA allowed 56% 14,567 Meets Zoning Site Coverage 45% 11,706 Meets Zoning Landscaping 30% 7,804 Meets Zoning Height to Sloped Roof 38 35 Meets Zoning Setbacks: Front 20 0 Does not meet Setbacks: Side 20 5' Does not meet Setbacks: Rear 20 30' Meets Zoning www.triumphdev.com Conclusion: When the Town of Vail annexed the property, it prescribed new zoning to the area. This zoning made our townhouse community a non -conforming use. Our townhome structure can be rezoned to meet the majority of the criteria for MDMF, main one being units per acre, S. One item that will require a variance is existing front and side setbacks. Many other mult-family structures makeup our neighborhood. This will set the precedent for cleaning up their zoning as well. Tying our property to this non -conforming zoning of P/S handcuffs our property from making improvements. Anything the community tries to do to improve or reposition the property will be non -conforming to the current zoning. Please allow our project to move forward on this rezoning based on the MDMF zoning regulations of the Town. www.triumphdev.com III d 7 a. 0 V N N z C cn T 0. r❑ D e V r � Oa O � m v ¢ E w m CL ro g E � m a 2 a m x tc E Y O T a rh N u ' W fl) LL 'y r W � N J J O U Y{ en Cri N c qa O Ll E c N O _ •a ❑ Q! N L-- N o � N Q N J J O V C C cgi cn N W N [tl w u`i w m O ' a a a n s s On o a M1 k aJI WA Vi"* 0 v 72 E m M „ it a,, �;�' � k ' *rte __� �, � , �` `' �; �. �'� � , A_ ,,� .. _ . w u �'� '. � . . � � y �, :. � tis �,. i \� �l � 4 r � P �� � � � Y � � `� �4i w' '• ; r: '', y 4 ,^�t' "f V �F,C� ,Mo 'm, � _� � o k Y � - ':1 R'+mm; iw � � A � ; " 1t� yTy'��. „ � `rah M r f, v, _� y d t I lx � u �'� "n' �M y'�. 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'0-0/, T f [ I I I aG N 'SrJa P,}�4o � I T f I R '�rJaG yJ�aa � I I L cu O�Js�a I T f Jba +, �a/Py 4% -r - ru 1 /� r/s� J+, Prj I 11 L N E F�Js yJ+, PyJCL %CL I I O4% O PFJ d 1 :::T f s+i > 4 C Il' CJs J�'a PyJ I f I I P o 1 1 /r6/sSyd�oJ �PSj I I 7 oy4� z yJ+,e y's� �j/�s God PFJ J I I FTI 's��sdd�o°.JyJ�pO� I 1 1 1 1 I--F--T— 1 11 a/P�0 0, �J�i �PSJ .ti .ti .ti .ti .ti .ti PyJ 4iP yJ s;lun;o aagwnN TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 28, 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 03282016.pdf Staff Report D A. Narrative.pdf Applicant Narrative ❑ B. Red Lion Plans 3.21.2016.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 1 ❑ F. Letter of Opposition 03.14.2016.pdf Letter of Opposition 2 TOWN OF 0) VAIL 1 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 28, 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 I. 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, with conditions of the proposed exterior alteration or modification subject to the findings noted in Section VIII of this memorandum. This item was originally heard by the Commission on March 14, 2016 where the item was tabled to the March 28, 2016 meeting by a vote of 6-0. The project as proposed at the March 14, 2016 meeting remains as the design requested by the applicant. Additional information updated since the March 14, 2016 meeting is provided in this report. Specifically, the additional material relates to the alternatives considered by the applicant for roof forms on the building, represented by Option 1 and Option 2 in the plans. The different designs do affect the associated Building Height Calculations shown on sheets A1.2.1 and A1.2.2 as well as the elevations as shown on Sheets A3.1.1, A3.1.2, A3.2.1, A3.2.2, A3.3.1 and A3.3.2. In addition, Floor Plan Sheets A2.1, A2.1X, A2.2 and A2.2X now show the adjacent Bridge Street Condo Building (aka Rucksack Building) to provide better detail of the proximity of the two buildings as existing and as proposed. Also included is a reaffirmation that there will be no impact to existing view corridors as shown on Sheet 2. Finally, all data tables have been updated to reflect the additional 85 square feet of GRFA requested by the owner of Unit R2. II. 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 562 square feet from 2,901 to 3,463 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. There will be no increase in density (du/acre) 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 Town of Vail Page 2 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 12-7B Commercial Core 1 (CC1) District (in part) 12-7B-1: PURPOSE: The commercial core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The 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 Town of Vail Page 3 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 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 Town of Vail Page 4 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. 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. Town of Vail Page 5 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 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 Town of Vail Page 7 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 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 the sun/shade 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 as the Red Lion Inn building does not contain parking on the site or under the building. C. Streetscape Framework The proposed major exterior alteration does not affect the streetscape framework as the proposed expansion is limited to the upper floors of the Red Lion Inn building not affecting 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 Town of Vail Page 8 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 portion of the building height between 33' and 43' to 34% in compliance with the Design Consideration. 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 Considerations identify the importance of view corridors and view connections for pedestrians throughout the Village. The Red Lion Inn Condo Building is partially 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 exterior alterations are 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 within adopted View Corridors. H. Service and Delivery The proposed major exterior alteration does not affect service and delivery to the site as expansion of the Red Lion Inn building is limited to two existing residential units. 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 Town of Vail Page 9 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 spring and fall 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. 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 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 11,166 sf 11,596 sf no change 80%*** 83%** no change Town of Vail Page 10 Landscaping no net reduction 132 sf no change (0.02%) no change Density (GRFA) 11,167 sf 8,954 sf 10,232 sf (1,278 sf increase; 935 sf remaining) Density DUs 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 VI. SURROUNDING LAND USES AND ZONING Land Use North: Mixed Use (Bridge Street Condos) South: Public ROW (Siebert Circle) East: Park (Ted Kendall Park) West: Mixed Use (Plaza Lodge) VII. REVIEW CRITERIA EXTERIOR ALTERATION OR MODIFICATION Zoning CC1 Right -of -Way Outdoor Recreation CC1 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 12-7B-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 12-7113-1, 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." Town of Vail Page 11 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 1,278 square feet of new GRFA resulting in 128 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: Inclusionary Zoning (12-24-2, Vail Town Code) New Net Square Feet Mitigation Rate Required Employee Housing Square Feet Fee in Lieu Rate 1,278 square feet 10% of new GRFA Iii WQ $134.65/Square Foot Fee in Lieu Requirement 128 square feet x $134.65 = $17,235.20 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. Town of Vail Page 12 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. 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." 1. 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 Town of Vail Page 13 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 March 21, 2016 C. Memorandum of Action of Red Lion Inn Condominium Association dated February 12, 2016. D. Vicinity Map E. Letter of Opposition dated F. Letter of Opposition dated March 4, 2016 from adjacent property owner March 14, 2016 from adjacent property owner 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 3/14/2016 To the board members of the Planning and Environmental Commission: I am writing as a residential property owner and president of the HOA in the Bridge Street Building . My family has owned unit R2 for 38 years. This has been both a primary and secondary home for us. I have served as HOA president of the building for the past 5 years. After reviewing the proposed Red Lion expansion plans, I, as a property owner and president of the Bridge Street Building's HOA, strongly object to this expansion. This expansion will negatively affect the view and light coming into my kitchen window and also force unit R1 to live in a cave style condo. This will be the second expansion the Red Lion has done that has grossly diminished the light and views we have. The first on was done in the late 80s. It completely obstructed my view of the mountain and dramatically darkened my living area. It also took away the view and light from Unit R1. The same family/owner is proposing this additional second expansion to their unit and again infringing of the quality and value of my property and that of R1. Also, the mechanical outflow area for the Red Lion expansion negatively impacts units R1 and R2 in the Bridge Street Building and has no negative affect on the owner's of the Red Lion building. The submitted drawings have it located in the north east corner of their property, which is exactly where units R1 and R2 have outdoor living areas/decks. The smells from the Red Lion kitchen and their fans would be a constant nuisance to the Bridge Street Building's residential owners and severely diminish the enjoyment of sitting on our decks. There is more than ample space to locate the mechanicals either in the middle of their building or along the south east side of their building where it does not impact adjacent building's property owners. Finally, when I did a remodel and minimal expansion on my unit 4 years ago, I was forced to comply with extremely strict rules from the town of Vail's Planning and Environmental Commission and Design Review Board. I was told because the building was an "original iconic Vail structure", nothing could be done to my unit that would be visible from Bridge Street, the mountain, or the transportation center. These restrictions went beyond the normal view corridor restrictions. I was not allowed to make changes that had zero impact on adjacent properties or even owner's within my own building and was told my tower "belonged to Vail". I find the proposed Red Lion's plans to show inconsistencies with what the town of Vail may or may not allow given the age and history of the Red Lion Building in Vail. I believe the one massive expansion they did in the late 80's did enough negative damage to our building, and it is not fair we should be affected again. I object to the Red Lion's expansion because it will negatively impact the owner's enjoyment and property values in the Bridge Street Building, while increasing the enjoyment and value of the Red Lion property owners. Thank you for your consideration in this matter, Sincerely, Margo Mullally TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 28, 2016 ITEM/TOPIC: A request for the review of a conditional use permit, pursuant to Section 12-7H-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for conference facilities and meeting rooms, retail bookstore and cafe, and professional offices located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC160006) ATTACHMENTS: ame: PEC160006 Treetops Plaza CUP STAFF MEMO.pdf D A PEC160006 Treetops The Vail Centre CUP FLOOR PLANS. ❑ B PEC160006 Treetops The Vail Centre CUP APPLICANT NARRATIVE.pdf ❑ C PEC160006 Treetops VICINITY MAP.pdf ❑ D PEC160006 Treetops Lionshead LOADING AND DELIVERY MAP.pdf ❑ E PEC160006 Treetops Google LODGING MAP.pdf ❑ F PEC160006 Treetops Google Map TRANSIT STOPS.pdf ❑ G PEC160006 Treetops Plaza DRAFT CUP.pdf ❑ H PEC160006 Treetops PHOTOS.pdf ❑ 1 PEC160006 Treetops PHOTOS.pdf Description: Vail Centre CUP Staff Memo Vail Centre CUP Floor Plans Vail Centre CUP Applicant Narrative Vail Centre CUP Vicinity Map Vail Centre CUP Loading and Delivery Map Vail Center CUP Map to Lodging Properties Vail Centre CUP Map of Transit Stops Vail Centre CUP Draft Permit Vail Centre Photos 1 Vail Centre Photos 2 rWAVIIIII&YIN Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 28, 2016 SUBJECT: A request for the review of a Conditional Use Permit for the Vail Centre, pursuant to Section 12-71-1-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for the change of use of an existing building to conference facilities and meeting rooms, and professional offices located at 450 E. Lionshead Circle (Treetops Plaza)/Lionshead Village Filing 1, Block 1, Lot 6 and setting forth details in regard thereto. (PEC160006) Applicant: Vail Centre, as buyer of the property owned by High Point Investors, LLC Represented by Ross Iverson and Michael Hazard Associates Planner: Chris Neubecker I. SUMMARY The applicant, Vail Centre, as buyer of the property owned by High Point Investors, LLC, and represented by Ross Iverson and Michael Hazard Associates, is requesting the review of a Conditional Use Permit for the Vail Centre, pursuant to Section 12-71-1-3, Conditional Uses, Vail Town Code, to allow for a change of use of an existing building into conference facilities and meeting rooms, and professional offices, located at 450 E. Lionshead Circle. Conference facilities and meeting rooms are conditional uses on the first floor or street level in the Lionshead Mixed Use 1 zone district, per Section 12-71-1-3. Professional offices on the second floor and above are conditional uses in the Lionshead Mixed Use 1 zone district. The applicant also proposes to use the building for retail (bookstore), and eating and drinking establishments (cafe). Retail and eating and drinking establishments are permitted uses on the first floor or street level. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Centre, as buyer of the property owned by High Point Investors, LLC, is requesting review of a Conditional Use Permit application to allow for a change of use to an existing building for conference facilities and meeting rooms, and professional offices located at 450 E. Lionshead Circle. No changes are proposed to the exterior of the building at this time. According to the applicant, the building will be used by the Vail Centre to host 3-5 day certificate courses, professional development training and other events, mainly during the summer and fall. The Vail Centre will also host corporate learning and fellowship programs throughout the year. Conference facilities and meeting rooms are proposed on the first floor of the building, along with a bookstore and small cafe. Professional offices for the Vail Centre are proposed on the second floor (mezzanine level). A copy of the applicant's request has been attached for reference (Attachment B). Summary of Applicant's Proposal Conditional Uses • Conference facilities and meeting rooms — First floor (1,612 sq. ft.) • Professional offices, business offices and studios - Second floor (1,561 sq. ft.) Permitted Uses • Retail stores and establishments (Bookstore) — First floor (1,062 sq. ft.) • Eating and drinking establishments (Cafe) — First floor (268 sq. ft.) III. BACKGROUND In August 1983 the property was rezoned from High Density Multi -Family (HDMF) to Commercial Core 2 (CC2) zone district. This change was requested in order to construct the commercial building on top of the residential parking structure on the Treetops property. In 1984 the Treetops Association requested an exterior alteration in order to add the retail expansion above the existing parking structure. In 1999 the property was rezoned to Lionshead Mixed Use 1 district in order to implement the Lionshead Redevelopment Master Plan. In the Lionshead Mixed Use 1 district, conference facilities and meeting rooms on the first floor area conditional uses. Retail stores and eating and drinking establishments are permitted uses on the first floor. Professional offices are a conditional use on the second floor in this district. According to Eagle County Assessor records, the Treetops Plaza building was built in 1986. In 2007, a Conditional Use Permit (PEC070031) was issued for use of the building as a temporary business office for use by Vail Resorts. IV. APPLICABLE PLANNING DOCUMENTS SECTION 12-7H-1: PURPOSE The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. Town of Vail Page 2 This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. SECTION 12-7H-17: LOCATION OF BUSINESS ACTIVITY A. Limitations; Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. CHAPTER 12-16: CONDITIONAL USE PERMITS (in part) SECTION 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a Conditional Use Permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure 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. Town of Vail Page 3 SECTION 12-10-10 PARKING REQUIREMENTS AND SCHEDULES Theaters, meeting rooms and conference facilities Retail stores, personal services and repair shops Other professional and business offices Eating and drinking establishments 12-10-20: SPECIAL REVIEW PROVISIONS: 1.0 space per 165 square feet of seating floor area 2.3 spaces per 1,000 square feet of net floor area 2.7 spaces per 1,000 square feet of net floor area 1.0 space per 250 square feet of seating floor area; minimum 2 spaces Notwithstanding the provisions of section 12-10-18 of this chapter*, the planning and environmental commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the planning and environmental commission: A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and B. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare "programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the planning and environmental commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. (*Note: Section 12-18-20 reads "Variances from the provisions of this chapter shall follow the procedures set forth in chapter 17 of this title.") Town of Vail Page 4 IM I&I VI I SITE ANALYSIS Existing Zoning: Existing Land Use Designation Mapped Geological Hazards: Lionshead Mixed Use 1 Lionshead Redevelopment Master Plan None Standard Allowed / Required Existing Proposed Site Area Minimum 10,000 sf 38,958 sf No change Site Coverage Maximum 70% 46% No change Setbacks Minimum 10' Front: 12' No change Side: 19' Side: 12' Rear: 103' Creek Setback Minimum 50' + 110' No change Height 71' Average 74' (residential No change 82.5' Maximum building) GFRA N/A N/A No change Density 43.2 units per acre 29 units No change (Existing, plus 33%) 32.4 units per acre Landscaping Minimum 20% 42% No change Parking 19.63 spaces 18.45 spaces required 1.18 additional for previous retail use; spaces required Fee -in -lieu paid; (Reduction requested No on-site parking; per Section 12-10-20) Gore Creek is to the south of this lot, within the adjacent Town owned Stream Tract. All existing and proposed developments on this site are well beyond the required 50' stream setback. SURROUNDING LAND USES AND ZONING Existing Land Use North: Lionshead Redevelopment Master Plan East: Lionshead Redevelopment Master Plan South: Open Space West: Lionshead Redevelopment Master Plan REVIEW CRITERIA Zoning District General Use Lionshead Mixed Use 1 Natural Area Preservation Lionshead Mixed Use 1 Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on the development objectives of the Town. The Community Development Department finds the proposed uses to be consistent with the development objectives of the Town of Vail. Specifically, the proposed uses address several goals identified in the Vail Comprehensive Plan, Lionshead Redevelopment Master Plan, and the 2014-2016 Council Action Plan. Town of Vail Page 5 Goals in the Vail Comprehensive Plan: Following are the Recommended Actions from the Vail Comprehensive Plan relevant to this application: • Economy Goal #1: Increase the Town of Vail's economic activity as measured by tax revenue to, at a minimum, keep pace with annual inflation. • Economy Goal #2: Focus on building a year-round economy; reduce economic seasonality by growing the summer economy at a rate greater than or equal to the winter economy. Lionshead Redevelopment Master Plan Following are the Recommended Actions form the Lionshead Redevelopment Master Plan relevant to this application: 1.3.1 Development/Redevelopment • Encourage, facilitate and provide incentives for the redevelopment and renovation of existing structures in Lionshead. 1.3.4 Vehicle Circulation Restrict the vehicle traffic on East Lionshead Circle to Town of Vail "in -town" transit, emergency vehicles, and adjacent local property owners. The following Policy Objectives in the Lionshead Redevelopment Master Plan relate to this application: 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. 2.3.3 Stronger Economic Base Through Increased Live Beds • In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no Town of Vail Page 6 net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation • The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure • The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Following are some of the relevant Lionshead Redevelopment Master Plan Recommendations that relate to this application: 4.6.3 Modification to East Lionshead Circle • The overriding goal for East Lionshead Circle is to de-emphasize vehicular traffic and create a quality, safe, and vibrant pedestrian corridor. 4.6.3.2 West (Current) Entrance • As the eastern connection appears unfeasible, it is recommended that other measures be undertaken to de-emphasize the current (west) entrance to East Lionshead Circle as a vehicular portal into Lionshead. The only traffic entering East Lionshead Circle at this point should be service vehicles, buses, and local residents. Signage, road width, and other roadway design modifications should be utilized to discourage traffic from entering at this point. These measures are important to reduce conflicts between vehicles and pedestrians at the crossing from the parking structure and to reduce the outgoing traffic that competes with the buses for the left -turn movement onto the South Frontage Road. 4.6.3.3 Main Lionshead Pedestrian Portal • This congested and confused pedestrian portal is the area most in need of corrective action. It is recommended that vehicular traffic through this crossing be removed or greatly reduced and that skier drop-off, local and regional shuttle vans, and service and delivery vehicles be removed from this location. The area would then be dedicated to two primary uses: a pedestrian connection between the parking structure and Lionshead and a transit stop for the Town of Vail in -town shuttle. 4.7.1 Properties with Direct Service Access As a general rule, properties that can provide for their own service and delivery needs should comply with the following guidelines: • Loading and delivery facilities should be located deep enough into the property that the estimated peak volume of service vehicles does not back up into or block the access road or pedestrian areas. • Service drives and loading docks must be screened with landscaping, fencing, retaining walls or other appropriate design techniques. • All reasonable measures shall be taken to prevent noise and exhaust impacts on adjacent properties. • In no case shall a property utilize the public roadway or pedestrian area to stage service and delivery vehicles. Town of Vail Page 7 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible. In tight margin developments such as mid- range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to these attributes of parking, it is important that true demand, or desired demand, be distinguished from actual usage. For example, the "free after three" program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure filled in the evening for the first time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of "free after three". (Note- concrete studies regarding the utilization of the "free after three" program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a significant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to fill the available space, but the profile of the user may not be who the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such as way to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. Parking is only one part of an overall access strategy. Public parking is very important in bringing guests to Lionshead, but structured parking is expensive. The cost of structured parking today ranges from 20, 000 to 30, 000 dollars per space, so other means of access should be carefully considered first. Possible alternatives include an enhanced transit system, more convenient drop-off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. Parking requirements should not constitute an unnecessary disincentive to redevelopment. A thorough review of the current parking pay -in -lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the master plan is to encourage, facilitate, and provide incentives for the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead, this demand needs to be accurately understood so the parking pay -in -lieu fee does not make the retail expansion economically unfeasible. 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Town of Vail Page 8 Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.4 Review of New Development and Redevelopment Projects • The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment shall maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. Following are some of the implementation techniques recommended in the Lionshead Redevelopment Master Plan: 9.3.1.1 Parking Pay -in -Lieu Relief • The parking regulations require a parking pay -in -lieu fee for parking that cannot be provided on site. This fee, currently in excess of $17,000 per required parking space, is a major obstacle to the redevelopment of buildings in Lionshead. Reduction of the parking requirement, as well as the fee, should be considered in the implementation of the master plan. This proposal is particularly relevant to projects that can demonstrate a negligible impact on parking generation. 9.3.1.2 Parking Requirement Reduction • The current parking regulations do not take into account the high volume of pedestrian traffic and use of public transit that occur in Vail. The regulations are derived from suburban models, not resort communities, where parking supply is shared by multiple uses. By increasing the cost of development, high parking requirements for individual uses in Lionshead may be a disincentive for redevelopment. Vail Town Council Critical Actions The Council Action Plan 2014-2016 identifies three specific areas: Focus Area #1: Enhance Economic Activity Goal: Grow a vibrant and diverse economy that keeps us at the forefront of our resort competitors for the long-term with continued opportunities for private and public investment and philanthropy. Town of Vail Page 9 Focus Area #2: Grow a Balanced Community Goal: Expand upon our community infrastructure as the foundation of our community's success with particular emphasis on an abundance of recreational, cultural and educational opportunities while building capacity for future leaders. Focus Area #3: Continually Elevate the Quality of the Experience Goal: Deliver of the promise, "VAIL Like nothing on earth, " in everything we do. The conference facilities and meeting rooms will help to bring additional visitors to town. Many of the visitors will attend conferences and training during off-peak periods, which will help to increase economic activity and add to tax revenues. Conferences in the shoulder seasons also help to reduce the economic seasonality of the town. The bookstore and cafe are complementary uses to the conference facilities, but can also be open to the general public when the conference facility is closed, and add to the Town's tax revenues. 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 will have minimal impacts on light and air, distribution of population, utilities, schools, parks and recreation facilities, and other public facilities needs. This is an existing developed building that has been vacant for several years since it was last used by Vail Resorts as a temporary office. According to the applicant, many of the visitors to this facility will be from out of town and will not cause an increased demand on local schools, parks or recreation facilities. The use of the facility for conferences will be spread throughout the year, with many of the events during shoulder seasons. There will likely be some minor impacts from the proposed uses on transportation facilities, including the demand for parking, transit and deliveries to the building. Some people attending conferences will park in the Lionshead Parking Structure. On days when the parking structure is at full capacity, this will result in additional parking on the South Frontage Road. Some visitors to the building will also ride the free transit system. It is anticipated that for conferences attracting a national audience, many visitors will stay in lodging properties within walking distance to the property. Based on the timing of the conferences and other events, many of which will be held during shoulder seasons, the impacts on parking and transit are anticipated to be minimal. 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 will likely be some minor impacts from the proposed uses on local transportation facilities, including the demand for parking and deliveries to the building. Due to its location, the use of this building for conference facilities and meeting rooms will result in many people arriving and Town of Vail Page 10 departing at the same time. If all of the attendees to an event arrive by single occupant vehicles and seek parking at this location, there could be a significant impact on traffic in the area. The applicant has proposed a number of strategies to inform its conference attendees of the lack of on-site parking and the alternative options for getting to the facility, including transit and walking. No additional parking is proposed with this application. Based on the proposed uses, 1.18 additional parking spaces are required. A fee of $98,961.84 in lieu of parking was paid for this space when the commercial building was constructed in the 1980s for use of the entire building as retail. There is no on-site parking for visitors or employees. Many of the out-of-town attendees will stay in local hotels in the Village or Lionshead, and some will walk or take local transit to the property. For those that drive, the Lionshead Parking Structure is directly across the street, about 300 feet away. The building is also on the Gore Valley Trail bike path. A map showing the distances from the property to some of the more distant lodging properties is attached. Maps also show the location of nearby transit stops. For example, the Manor Vail Lodge is 1 mile, and the Ritz-Carlton is about 1,800 feet (1/3 mile). Each of these lodging properties is served by transit. The nearest transit stop is about 120 feet from the main entrance to the building. Per Section 12-10-20 listed above, the applicant would like the PEC to consider a reduction in the number of required parking spaces specified in Section 12-10-10 of the Town Code. In order to reduce the amount of required parking, the PEC should consider the following criteria: A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and Due to the central location of the building within Lionshead and immediately adjacent to the Lionshead transit stop, many of the customers and conference attendees will walk or use the free transit system. Many of the customers of the bookstore and the cafe will also be attendees of the conferences and meeting rooms, which should also reduce the demand for parking. B. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; and The long term use of the building is expected to remain as conference facilities and limited retail. Additional uses are not anticipated at this time, and there will be no unused space in the building which would later cause additional parking demands. C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare "programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and The applicant has committed to implementing a number of parking and transportation management strategies to reduce parking demand and lessen the transportation impacts from these uses. The management plan addresses employee and guest parking, alternative modes of transportation (including walking, biking, and transit), and deliveries. D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. Town of Vail Page 11 Many of the attendees are expected to be out-of-town visitors and will likely stay at hotels in Vail Village of Lionshead, within walking distance to the conference facility. The Vail Centre will be located adjacent to existing Town of Vail free transit system and directly across the street from the Lionshead Transit Center. The location is centrally located to both Lionshead and Vail Village, a 21 -minute walk from the Manor Vail Lodge in Golden Peak, and an 8 -minute walk from the Ritz-Carlton in Lionshead. These are two of the farthest lodging properties of significant size in Vail Village and Lionshead, used to exemplify the accessibility of the conference facility. 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 impacts on the character of surrounding area. This is an existing building and no changes are proposed to the exterior of the building at this time. The proposed bookstore and cafe will have no negative impacts on the character of the area. 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. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions the Conditional Use Permit for The Vail Centre, PEC160006. This recommendation is based upon the review of the criteria outlined in Section VI I of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves, with conditions, this request for review of a Conditional Use Permit, pursuant to Section 12-7H-3, Permitted or Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for the change of use of an existing building to conference facilities and meeting rooms, and professional offices, located at 450 E. Lionshead Circle (Treetops Plaza)/Vail Lionshead Filing 1, Block 1, Lot 6, 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 Town of Vail Page 12 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. Applicant shall include the following statement on its website and within all conference registration materials: "The Vail Centre embraces sustainability both in terms of the many programs it offers and in its behavior as a partner in limiting impacts to the environment. We have made our home in the pedestrian fabric of Lionshead village and have partnered with lodging establishments nearby. We encourage you to enjoy our setting by walking or using Vail's free transit network to join in our programs. Our Centre has no on-site guest parking, but parking may be available in the Lionshead Parking Structure directly across the street from our building. Private passenger drop off is available in the lower level (west end) of the Lionshead Parking Structure. Please be aware that passenger drop-off is not available on the facility site nor allowed in the transit area next to the site. " Applicant shall submit any proposed revision of this language to the Town of Vail Community Development Department for review and approval, which may require an amendment of this Conditional Use Permit. 3. The applicant shall instruct all of its tenants and employees to inform delivery drivers, caterers, and other people making deliveries to the Vail Centre to use the on-site loading dock or the designated courier delivery zone on the north side of East Lionshead Circle, near the east end of the Lionshead parking structure and not to use the Lionshead Circle transit stops. The applicant shall be responsible for ensuring that people making deliveries to The Vail Centre adhere to these requirements and the adopted Lionshead Loading and Delivery plan (Attachment D), and as updated on the Town of Vail website. 4. Applicant shall install signage at the entrance to the on-site parking structure informing conference attendees and retail customers of the exclusive use of the on-site parking by Treetops residents. The sign shall be installed prior to occupancy of the Vail Centre building, and the applicant shall obtain a separate sign permit from the Town of Vail prior to the installation of any signs. The applicant shall be responsible for ensuring that employees, conference attendees and customers of The Vail Centre adhere to these requirements. 5. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. 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 28, 2016 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed Conditional Use Permit is in accordance with the purposes of the Lionshead Mixed Use 1 District. Town of Vail Page 13 2. The proposed location of the use and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed Conditional Use Permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Floor Plans B. Applicant Narrative C. Vicinity Map D. Lionshead Loading and Delivery Map E. Map to Lodging Properties F. Map of Nearby Transit Stops G. Draft Conditional Use Permit H. Photos of Building I. Photos of Parking and Loading Areas Town of Vail Page 14 Q m U w tt d�r m a Q m U � \ } } } r>c - � 6 11 v a u N cn r Q � z O a Y J -- / - (D------ I -I � 4 I 4 11 p a u W N U) Z 7 m ¢ r p � v o U1U� a U� 6 / r, 1 4 V 4 4 Attachment B 'Aafthl Ar rr 4k VUL LLP CENTRE INSPIRATION IN ACTION February 22, 2016 Town of Vail Planning Re: Conditional Use Permit Application — Treetops Condominium Unit X The following information is to accompany the submittal of plan documentation and the conditional use permit for review. The Vail Centre is a non-profit corporation that has been expanding in Vail over the past 18 months. The acquisition of real estate within the Town will provide an opportunity for the Vail Centre to cement itself as a key culture asset of the Town. The purpose of the Centre is to align with Universities around the world to host their 3-5 day certificate courses in Vail during the summer and fall. The Vail Centre also hosts corporate group learning and fellowship programs that occur throughout the year. The Board of the Vail Centre has analyzed the Treetops facility and has determined the following as it pertains to the conditional use permit: As the attached plans illustrate, the proposed Vail Centre use will consist of the following: Grade Level: The west end will be occupied by a bookstore, of approximately 1,062 square feet, and an attached cafe of approximately 345 square feet (163 net square feet seating area). The Cafe wil not sell liquor, and its food preparation will not require any new exterior venting. The center 2,760 square foot (1,075 square feet net seating area) section will be used as flexible classroom/meeting space plus associated support functions (restrooms, chair/table storage). Included in this area calculation is a lineal reception/break-out space. The eastern end of this level will house the entry reception area to the Centre's conference/office/studio facilities, 2 large conference rooms and the stairs ascending to the Upper Level. This space totals another 1,630 square feet (537 net square feet seating area). Upper Level: • The existing 2,888 square feet (1,987 net square feet) will accommodate professional suites, business offices, and studios. The Vail Centre is located in the Lionshead Mixed Use 1 District (LMU-1). Art. H, Section 12-7H-3 stipulates "Eating and drinking establishments" and "Retail stores and establishments" as permitted uses at "first floor or street level". The proposed retail, and "Conference facilities and meeting rooms", fall under the enumerated conditional uses. Art. H, Section 12-7H-4 Permitted and Conditional Uses for second floor and above, identifies the anticipated uses as allowable under a conditional use permit as they fall under "Conference facilities and meeting rooms" and "professional offices, business offices and studios". 970-680-3525 1 PO Box 100 1 Vail, CO 81658 1 VailCentre.org Ami_ VAILL PCENTRE INSPIRATION IN ACTION When referencing Art 12-16-6 (Criteria; Findings) of Chapter 16 Conditional Use Permits the following representations are offered: Relationship and impact of the use on development objectives of the town. • The proposed bookstore/cafe will represent new sales tax revenue and retail traffic generation. The addition of the bookstore/cafe to the space will generate approximately $700,000 - $900,000 of new retail sales annually. • The Centre participants will represent a percentage of new visitors to Vail whose presence will result in residual spending on lodging, retail, recreations and transportation. It is projected that an incremental $4M annual spend will result from course participants by 2020. • The users of the Vail Centre averages 35-60 years of age with professional jobs that allows for high levels of discretionary spending. • The Vail Centre aligns with the strategic goal of the Town of Vail to increase lifelong learning opportunities and leadership resources to the town. • The partners of the Vail Centre also support the Town's goals of achieving a world-class reputation. • The Vail Centre plans to add 6,000 incremental annual mid -week room nights by 2020. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. • Most Centre attendees will likely be guests of our lodging partners and thus have limited use of municipal parking facilities. • There is great access across the street from the Treetops Plaza building, to provide shuttle service for drop off/pick up. • The Centre's learning programs will serve to bolster use of The Grandview Room making improved use of an existing Town asset. • Heaviest use from Sunday -Thursday and scheduled during non -holiday. 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 streets and parking areas. • Most programs will occur early evening with an average of 80-100 participants, likely to represent a minor impact public transportation and parking facilities. 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 Vail Centre will separately apply to enhance the entrance to the facility to match the quality updates the Town of Vail has made to the Lionshead Welcome Center, and will address these enhancements at a later date with the design review committee and otherwise as required under recorded covenants affecting the property. 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. • Not applicable. 970-680-3525 1 PO Box 100 1 Vail, CO 81658 1 VailCentre.org Parking The existing Treetops Plaza building was constructed in 1984 as an addition to an existing on - grade parking area. The original building consisted of 2 levels of parking dedicated to the existing Treetops Condominiums topped with: Retail 5,545 S.F. 2.3 spaces/ 1,000 Net Square Feet 12.75 spaces Mezz. Retail level 2,476 S.F. 2.3 spaces/1,000 Net Square Feet 5.70 spaces 18.45 spaces The original 1984 approval addressed offsite parking requirements through adoption of a Special Parking Assessment impact fee totaling $98,962. The Vail Centre is proposing to redevelop the upper 2 levels into a mix of uses consisting of: Retail Bookstore 1,062 S.F. 2.3 spaces/1,000 Net Square Feet 2.44 spaces Cafe 163 S.F. 1/250 N.S.F. seating; 2 min. 2.00 spaces Conference 1,075 S.F. 1/165 N.S.F. seating; 2 min. 6.52 spaces Meeting Rms. 537 S.F. 1/165 N.S.F. seating; 2 min. 3.25 spaces Professional Offices 1,987 S.F. 2.7 spaces/1,000 Net Square Feet 5.36 spaces 19.58 spaces The proposed redevelopment will not add any floor area and the proposed uses will result in a net impact of one parking space. Per the attached narrative, The Vail Centre will be offering executive learning opportunities targeted, primarily, at an out-of-town audience who will be staying in Town in lodges and residences and commuting by foot and transit facilities. Further, they are planning to schedule their programs on days and times that will diminish the impact of their guests, who may be using private vehicles, upon the parking facilities. The only space that might attract a larger component of folks, employing private vehicles, is the proposed bookstore and cafe. The Vail Centre proposes to adhere to the following terms in the Planning & Environmental Commission's consideration of our Conditional Use Permit Parking, Delivery and Transportation Strategy When the existing project was approved, the former owners paid fee -in -lieu of parking for a total of $98,961.84 towards an off-site parking assessment plan to absorb their calculated parking demand of 18.45 spaces. This amount was based on the use of the space for retail shops. We calculate that the proposed uses will impose little more than 1 additional parking space (19.58), based on a mix of conference facilities and meeting rooms, bookstore, cafe and professional offices. The following measures will be enforced to minimize parking and transportation impacts: • Full time employees will be encouraged to either car pool or use public transit. For the limited number of employees needing ready access to private vehicles, season parking passes will be issued, enabling parking in the Lionshead parking structure. • As stated in the narrative, accompanying our application, conference programs will be scheduled during off-peak periods and programs for 90-100 attendees will primarily be held during early evening hours when historical parking demand is diminished. • Most extended learning programs will target an out-of-town audience. Through the use of arrangements with our lodging partners, we anticipate most of our attendees to occupy nearby rooms and homes. The following narrative will appear in all literature sent to our attendees: The Vail Centre embraces sustainability both in terms of the many of the programs it offers and in its behavior as a partner in limiting impacts to the environment. We have made our home in the pedestrian fabric of Lionshead village and have partnered with lodging establishments nearby. We encourage you to enjoy our setting by walking or using Vail's free transit network to join in our programs. Our Center has no on-site guest parking, but parking is available in the Lionshead Parking Structure directly across the street from our building. In warmer months, retail patrons and conference attendees will be able to use Vail's extensive bike path network to access the building. Deliveries for all tenants will adhere to the adopted Lionshead Loading and Delivery plan (attached). Additionally there is an on-site common use loading dock for smaller deliveries. Our staff will inform delivery companies to use the designated delivery zone on the north side of East Lionshead Circle, and not to use the Lionshead Circle bus stops. Parking access to the residential structure beneath the Centre is controlled by way of access gates. 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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 28, 2016 ITEM/TOPIC: Energy Usage - Natural Gas ATTACHMENTS: Name Description: © PEC Education Series PT 2- TOV Natural Gas Consumption.pdf TOV Natura Gas Memo- Education update D PEC Natural Gas Usage 3.28.16.pdf TOV Natural Gas Education update- Presentation TOWN OF Memorandum To: From: Date: Subject Planning and Environmental Commission Community Development Department March 28, 2016 TOV Energy Usage and Efficiency Programs Purpose This presentation is the second part of an education series designed to provide an update on the town's Environmental Sustainability Strategic Plan. This report will focus on the town's natural gas use and how it relates to adopted energy efficiency goals. Additional presentations will examine other town energy uses and impacts since 2006 which is used as the baseline year for the sustainability plan. Background The 2009 Environmental Sustainability Strategic Plan identified action steps and programs for the town to manage its energy consumption and greenhouse gas emissions. The Environmental Sustainability Strategic Plan was developed to help grow a more balanced community and ensure a greater consideration of the natural environment. The plan has 6 main goals: 1. Waste Diversion and Recycling 2. Energy Efficiency 3. Ecosystem Health 4. Sustainable Economic and Social Development 5. Public Education and Communication 6. Transportation This review of the town's energy use focuses on goal two, Energy Efficiency and greenhouse gas emissions: Reduce the town of Vail municipal and Community Energy Use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Natural Gas is a major component of the town's energy portfolio used for heating operations in buildings as well as guest focused amenities such as snow -melt and public fire pits. III. Utility Provider The Town of Vail purchases natural gas from two primary sources: commodity level purchase on an annual bases and local scale utility purchases. On the commodity level, the town will enter into contract with a bulk supplier for larger facilities or demand items. This enables the town to lock in prices when they tend to be at the lowest market levels each year. The town is currently purchasing natural gas at the commodity level through Encore Energy Services, Inc. The second source is through the local utility provider, Xcel, which is a full service energy utility, but only provides the town's natural gas. Facilities under this scenario are billed the current market rate for gas much like residential and most commercial consumers in the valley. Xcel GHG 2014 Report The EPA conversion for natural gas has been used as the standard for determining a carbon equivalency and measuring impact. Using this information, a therm of natural gas is equal to about .005302 metric tons of Carbon (http://www.epa.gov/enerqv/qhq- equivalencies-calculator-calculations-and-references). IV. Town of Vail Energy Use and Efficiency Programs TOV Natural Gas Usage (Dekatherm) 2006-2015 Despite an improvement in building efficiency upgrades such as control systems, updated windows, and new boilers, the town's natural gas consumption has increased dramatically since the 2006 baseline. Additional or improved facilities such as the West Vail Fire Station, Lionshead Welcome Center, Transit Center, and the Grandview highlight the increased demand from a building standpoint and new fire pits around town serve as a guest experience amenities. However, the increased consumption of natural gas can be mostly attributed to additional snowmelt systems. The town of Vail has one of the largest snowmelt systems in the world heating around 350,000 square feet or 8 acres of public ways. Combined with private snowmelt systems there is over 500,000 sq. feet of snowmelt in the town. Town of Vail Page 2 Gas Usage (DTherm) Cost CO2 Equivalent (Metric Tons) 2006 46,055.90 $ 395,292 2,442 2007 57,410.30 $ 390,186 3,044 2008 82,562.92 $ 609,915 4,377 2009 72,028.60 $ 499,511 3,819 2010 75,235.00 $ 426,525 3,989 2011 81,076.44 $ 444,334 4,299 2012 78,556.76 $ 426,294 4,165 2013 107,687.92 $ 545,236 5,710 20141 99,960.38 $ 617,675 5,300 20151 92,771.10 $ 518,698 4,919 Despite an improvement in building efficiency upgrades such as control systems, updated windows, and new boilers, the town's natural gas consumption has increased dramatically since the 2006 baseline. Additional or improved facilities such as the West Vail Fire Station, Lionshead Welcome Center, Transit Center, and the Grandview highlight the increased demand from a building standpoint and new fire pits around town serve as a guest experience amenities. However, the increased consumption of natural gas can be mostly attributed to additional snowmelt systems. The town of Vail has one of the largest snowmelt systems in the world heating around 350,000 square feet or 8 acres of public ways. Combined with private snowmelt systems there is over 500,000 sq. feet of snowmelt in the town. Town of Vail Page 2 TOV Natural Gas Usage and Costs 2006-2015 120,000.00 100,000.00 80,000.00 60,000.00 40,000.00 20,000.00 2006 2pp) 2006 2009 207 p 2p77 2p�_,2070207V2076 Figure 2- TOV Gas Consumption $650,000 $600,000 $550,000 $500,000 11 . � Gas Usage (DTherm) $450,000 Cost $400,000 $350,000 $300,000 This chart highlights two major bumps in natural gas. The 2008 increase can be attributed to the final completion of the Vail Village Streetscape projects in 2007 with snowmelt finished on East Meadow Drive, Willow Bridge Road, and Hanson Ranch Road. Also, the Arrabelle was completed and Lionshead snowmelt came online. The 2013 increase can be attributed to the completion of the Lionshead streetscape, the opening of the expanded Lionshead Welcome Center, and Grandview. After a number of leaks and by-passed control systems were identified in 2013, the town started to overhaul the snowmelt system to achieve efficiency savings with major work being completed in fall of 2015. Results of the overhaul are shown by the savings in 2014 and 2015, however the biggest savings are expected in after the 2016 winter. TOV Natural Gas Usage and Carbon Equivalent 2006-2015 Over the past nine years, the town has experienced considerable growth that was only starting to show utility increases in the 2006 baseline year. The continued addition of snowmelt, a new fire station, and expansions of public facilities in the Lionshead parking structure are some highlights of municipal improvements. On the efficiency side, new windows in the public works admin facility, a new boiler in Buzzard Park have contributed to a steady decline in consumption for those buildings. Overall, the town's CO2 output as it relates to natural gas has increased about 50% over 2006 levels. When comparing to the town's consumption of electricity, it is important to note that the town was able to achieve savings through the efficiency of existing major buildings, while in natural gas major new demand was added. Town of Vail Page 3 TOV CO2 Equivalent From Natural Gas and Electricity 7,000.00 Lionshead Streetscape and parking structure 6,000.00 updates 04 0 5,000.00 O 4,000.00 o 3,000.00Electricty Co2 L Natural Gas CO2 as 2,000.00 Village Streetscape 1,000.00 i Completed Figure 3- Natural Gas and Electricity Carbon outputs Figure 3 shows the carbon equivalencies of the town's electricity and natural gas consumption since 2006. This chart is highlighted by two major bumps in natural gas. The 2008 increase can be attributed to the final completion of the Vail Village Streetscape projects in 2007 with snowmelt finished on East Meadow Drive, Willow Bridge Road, and Hanson Ranch Road. Also the Arrabelle was completed and Lionshead snowmelt came online. The 2013 increase can be attributed to the completion of the Lionshead streetscape, the opening of the expanded Lionshead welcome center, Grandview, and Grandview. Snowmelt Usage Vs. Facility Usage In the 2006 baseline year, it is estimated that snowmelt accounted for 62% of the town's natural gas consumption, by 2015 that number has increased to 78%. Understanding that Snowmelt consumes such a large amount of resources, this will be an issue addressed in the updated Environmental Sustainability Plan. Despite its high resource demands, the guest service and safety value of snowmelt persist and it is likely that there will continue to be an increase in snowmelt areas absent a policy change. Fire 2006 Natural Gas Fire 2015 Natural Gas Features Features �% Facilities 37% Snowmelt 62% "Due to areas with combined meters, percentages are an approximation 3nowmelt 79% "Due to areas with combined meters, percentages are an approximation Figure 4- Natural Gas Usage Breakout Town of Vail Page 4 V. Discussion The high energy demand of snowmelt systems makes it important to be as efficient as possible in all of the town's natural gas and electricity consumption. This priority will be addressed as the Environmental Sustainability Plan is being updated and will help the town continue momentum forward on sustainability initiatives. In the update of the Plan utility consumption patterns will be taken into consideration and the best options for offsetting impacts of snowmelt will be identified. Options to offset snowmelt impacts could include the following: • Expanded renewable energy production in town as an offset • Direct renewable energy production for the snowmelt system (e.g. combined cycle biomass) • Renewable production offsite • Purchase renewable energy offsets • Local offset programs similar to Eagle County's ECOBuild and Aspen's Renewable Energy Mitigation Program (REMP) requirements for direct offset of snowmelt through either solar panels or $16/sq. ft. Town of Vail Page 5 ME _ Q) W rr� V z o� Lu W CL co V .4) .v Lu W Lu Q) CL 4-0 Q �a 0 c�a N C: O c�a CL � _ Q O 0 C: L) � N W •V U LU >� � � � •ca C;) i O N i E CL N 0 �' • > cm W 07 U 0 0 }' N C/) N N C/) .� C W N ca O 0 0 � = L a� m04 'ooa, N V = 0 V N U 0 L v i� W � v 0 N W N \ m c w E 0 a� 0 D E 0 U 0 C: V Q) v J V �Q) 1 i W �� vJ A) Lu Q) . 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O W CL L 0 f6 O (1) 4- Z N �' o 0 ca E o Q OO U 00 O O N Q L 0 f6r-4 u C6 E U �: N O ca l6 U p o ca o ca > z A A a 3 0000 0 .• l0 c -I O N co N m c w E 0 a� a� 0 C: D E 0 U 4- 0 V Q) � v Q) •- v CCf W A) Lu Q) . O W CL .buo EC C:O O '� LU `~ a� m m C: � U O W U � O tw O U v1 O Q E Ln 0 .A E 0 C6 W 0 N W N m c w E 0 0 D E 0 U 4- 0 � U fa � fa U- C: N i O M— OO }, bo CL o E O Ln +� 0 _ O U +� C • _ I� � � L }' w � � o O O Q E Ln 0 .A E 0 C6 W 0 N W N m c w E 0 0 D E 0 U 4- 0 I Fl Ad Name: 11978820A 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 3/11/2016 and that the last publication of said notice was dated 3/11/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 03/14/2016. 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 03/14/2016. � 2M.&& 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 28, 2016 at 1:00 pm in the Town of Vail Municipal Building. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Mul- tiple -Family District, located at 2308 Garmisch Drive/Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development LLC Planner: Jonathan Spence Note: Due to an error in the original mailing to ad- jacent property owners, as required by the Vail Town Code, the above item will be re -heard before the Planning and Environmental Commission for a recommendation to the Vail Town Council. This item was originally heard by the Commission on December 14, 2015 where a recommendation of approval was forwarded to the Vail Town Council by a vote of 3-1. A request for the review of a conditional use permit, pursuant to Section 12-7H-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for conference facilities and meeting rooms, retail bookstore and caf6, and professional offices located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC160006) Applicant: Ross Iverson 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 March 11, 2016 in the Vail Daily (11978820) Ad Name: 12006742A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 Vail Daily PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/25/2016 and that the last publication of said notice was dated 3/25/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 03/28/2016. 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 03/28/2016. � 2M 4, & 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 PLANNING AND ENVIRONMENTAL COMMISSION March 28, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order Swearing -In - New PEC Members Site Visits: 1)Treetops Building - 450 East Lionshead Circle 2)Red Lion Building - 304 Bridge Street 2.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Town- houses, from Two -Family Primary/Secondary Dis- trict to Medium Density Multiple -Family District, lo- cated at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC 150034) - 30 Min. Note: Due to an error in the original mailing to ad- jacent property owners, as required by the Vail Town Code, this project will be re -heard before the Planning and Environmental Commission for a rec- ommendation to the Vail Town Council. This item was originally heard by the Commission on De- cember 14, 2015 where a recommendation of ap- proval was forwarded to the Vail Town Council by a vote of 3-1. Applicant: Garmisch Townhomes, represented by Triumph Development Planner:Jonathan Spence 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 for theaddition of 1,193 square feet of gross resi- dential 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) - 45 Min. Applicant: Oscar Tang & Blue Mountain Invest- ments, represented by J+A Architects aka VAg Ar- chitects Planner:Brian Garner 4.A request for the review of a conditional use permit, pursuant to Section 12-7H-3, Conditional Uses, Vail Town Code, in accordance with the pro- visions of Section 12-16 Conditional Uses, Vail Town Code to allow for conference facilities and meeting rooms, retail bookstore and caf6, and professional offices located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Block 1, Vail Lion- shead Filing 1, and setting forth details in regard thereto. (PEC160006) -45 Minutes Applicant: Vail Center, represented by Ross Iver- son Planner:Chris Neubecker 5.Approval of Minutes March 14, 2016 PEC Meeting Results 6.lnformational Update Energy Usage - Natural Gas 7.Adjournment The applications and information about the propos- als are available for public inspection during regu- laroffice hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional in- formation. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecom- munication Device for the Deaf (TDD), for informa- tion. Community Development Department Published in the Vail Daily March 25, 2016 Published March 25, 2016 in the Vail Daily. (120067422)