HomeMy WebLinkAbout2016-0411 PECPLANNING AND ENVIRONMENTAL COMMISSION April
TOWN Of V411 11, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
Members present: Brian Gillette, John Rediker, Henry Pratt, Ludwig Kurz, Kirk Hansen, John Ryan
Lockman, Brian Stockmar
Members Absent: None (Note: Mr. Kurz left the meeting after the swearing in and voting for
Chairman.)
Swearing-in New PEC Members by Town Clerk, Patty McKenny
Henry Pratt nominated John Rediker as Chairman, Seconded by Kirk
Only one candidate, not vote taken
John Rediker nominated Henry Pratt as Chairman Pro -tem
Ludwig seconded the motion
Henry Pratt nominated Ludwig Kurz as Chairman Pro -tem
Seconded by Kirk
Vote for Pratt as Chairman Pro -Tem passed, 4-3
Site Visits:
1. Vail Fire Station No. 1 - 4116 Columbine Drive
2. Gasthof Gramshammer - 231 East Gore Creek Drive
3. Kajara LLC Residence - 265 Forest Road
Information Update - Energy Usage: Natural Gas
Kristin Bertuglia, Environmental Sustainability Manager, presented information regarding energy
usage within the Town.
Mark Hoblitzell, Environmental Sustainability Coordinator, presented specific information regarding
natural gas usage within the Town. Information included the Town's sources for natural gas,
calculating the carbon equivalency of natural gas and the use of natural gas for snowmelt.
John King, Public Works, also spoke in order to answer facility operation questions from the PEC
2. 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 and Blue Mountain Investments represented by J+A Architects
Planner: Brian Garner
Motion to Approve
Motion- Hansen Second- Lockman Vote: 6-0-0
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.
3. The applicant shall specify the design and location of the chimney and shall investigate
the potential for making the restaurant exhaust chimney smaller and as much to the
south as possible.
Brian Garner, Town Planner, introduced the project. Mr. Garner summarized the discussions from
the previous two (2) reviews that occurred on March 14 and March 28, 2016. The applicant's
proposal is the same as it was in the previous meeting. A more extensive sun -shade analysis has
been provided by the applicant. At the April 5, 2016 Town Council meeting, the council waived
their rights to limit the GRFA as granted in the condominium declarations for the project.
Mr. Brian Judge, Architect - Briefly summarized the proposal and then focused his attention on the
sun -shade analysis. There are no established setbacks for this site. Mr. Judge stated that the
entire HOA has approved the proposal. Mr. Judge also stated that individuals from the neighboring
property to the north who previously spoke against the proposal had indicated that they
represented the entire HOA for the neighboring property to the north when they did not actually
represent the HOA, just themselves.
Mr. Judge then referred to sun -shade analysis graphics comparing the existing and proposed
conditions at the times and dates required by the design guidelines. According to Mr. Judge, the
increase in shadow coverage as a result from this proposal ranges from 3-8% depending on the
time of the year. Mr. Judge reminded the PEC that the impact of Vail Mountain was not considered
for the sun -shade analysis.
Mr. Judge concluded by stating that the proposal will refresh the appearance of the property and
remove some of the existing unsightly elements such as the open staircase and awning. The
proposal the applicant has attempted to address the concerns of the neighboring property owners
and the proposal does not require any variances and leaves undeveloped GRFA.
Mr. Merrill Stillwell - Spoke in regards to conversations with the neighboring property owners. Mr.
Stillwell stated that the plans have been adjusted to address neighboring property owner concerns.
Rediker - Asked for Mr. Judge to specify which plans are requested to be approved. Mr. Judge
confirmed that it was the plan set titled, I -A"
Public Comment
Ms. Margo Mullally - Spoke as the owner of unit R2 in the adjacent Rucksack Building. Ms. Mullally
claims that the applicant's comments regarding other properties' length of awareness of this
application and their excitement level were misrepresented. Ms. Mullally stated that in the 1990s
the neighboring properties were told that the previous expansion was the last time the applicant
would be able to increase the size of the building. Ms. Mullally claimed that while the changes
shown in the sun -shade analysis may sound small, there is a large impact on the neighboring
property. Ms. Mullally claimed that the proposal will place a solid wall in front of the recently built
dormer on her unit and invited the PEC to see how it would impact their property.
Closed Public Comment
Mr. Hansen - Asked how the other individual Ms. Mullally mentioned would be impacted by the
proposal. Ms. Mullally stated that the owner of Rucksack Building Unit #R1 is Mr. Bill Gardiner.
Rediker - Asked if anyone opposing the proposal attended the Town Council meeting where the
waiving of the GRFA limitation was discussed. Ms. Mullally stated that no one to her knowledge
attended. Mr. Garner stated that the discussion was held in the Town Council's executive session.
Mr. Rediker asked if this meant that none of the neighbors were notified of the meeting, to which
Mr. Garner responded in the affirmative.
Mr. Judge - The restriction being referred to was not signed by anyone in the town and that the
Town Attorney advised that the restriction did not give any restrictive power to the Town.
Mr. Gillette - Asked Mr. Garner if the Town Council actually waived their rights or if they determined
that the GRFA restriction was not applicable to the Town. Mr. Garner stated it would be more
correct to say the GRFA restriction in the declarations was not applicable to the Town.
Mr. Hansen - Asked for clarification as to whether the neighboring property owners were correctly
notified.
Mr. George Ruther, Director of Community Development, stated that staff would research the
notification process.
Chris Neubecker, Planning Manager - Referring back to the GRFA restriction discussion among the
Town Council, he stated that the executive session on the GRFA restriction was specifically listed
on the Town Council agenda, and was suggested by the PEC at the previous meeting on this topic.
Mr. Lockman - The applicant has conducted good due diligence in regards to providing the
information requested. In regards to the sun -shade analysis Mr. Lockman feels the applicant has a
done a good job of taking the adjacent property owner to the north into consideration regarding the
design and he therefore can support the application.
Mr. Hansen - He felt the applicant has accommodated the neighboring properties while still
complying with Town Code. The information provided has eased his concerns and Mr. Hansen
supports the application.
Mr. Pratt - Due to the zero foot (0') lot line regulations there is limited expectation of light and air for
surrounding properties. Mr. Pratt did state a concern regarding the size of the chimney and its
proximity to the neighboring property. Mr. Judge clarified that the number of vents is actually being
reduced and that one single larger vent will reduce noise in comparison to the existing conditions.
Mr. Judge stated that he will look into moving the chimney as south as possible, and design it as
small as possible.
Mr. Gillette - He concurred with the Town Attorney's opinion regarding the Town's lack of authority
in the matter of the GRFA restriction. Mr. Gillette feels that the applicant has provided substantial
information and demonstrated that the sun -shade impact will be minimal.
Mr. Stockmar - He feels the proposal, as it is compliant with Town Code, is something that can be
approved, despite the unfortunate disagreement between neighbors.
Mr. Rediker - He understands the concerns of the neighboring property owners, and it is
unfortunate that the maximum impact on the sun -shade occurs during the winter equinox. Mr.
Rediker concurs with Mr. Pratt's statements regarding the size and location of the chimney.
Mr. Ruther confirmed that the adjacent property owners had been correctly notified, mailed March
15, including the Martin J. Mullalley Credit Trust, at an address in Minturn, as listed in the Eagle
County records.
3. A request for review of an amendment to a Conditional Use Permit pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16
Conditional Uses, Vail Town Code to allow for the expansion of the East Vail Fire Station located
at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and setting forth details in regard thereto.
(PEC16-0010)
Applicant: Vail Fire Protection District, represented by John King
Planner: Brian Garner
Motion to Approve - Lockman
Motion- Lockman Second- Pratt Vote: 4-1-1 (Gillette
Against, Stockman recused)
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 Employee Housing Units (EHUs) shall first be offered to emergency personnel, then
to Town of Vail staff before offering to general public.
Mr. Garner introduced the proposal and explained that this project entails the expansion of an
existing fire station facility and a Conditional Use Permit is required for a fire station in this zone
district. The two EHUs are allowed by right in the General Use zone district. Building additions are
proposed to the fire station and EHUs. Improvements proposed to the exterior of the building
include a new heated concrete driveway in front. Brian Garner corrected the staff memo concerning
the number of EHUs proposed on site.
Pratt — Is there a requirement for 50% of the employees to be housed on site? Garner indicated
that he is not aware of any such requirement.
John King — Currently one EHU with a Vail Fire Fighter living there. Gym on second floor will
become the second EHU. Fire Station #1 was built about 1982. New roof was added in 2008.
Space is cramped, can't walk around firetrucks inside garage. Expansion proposed for work areas,
bunker gear, and generator. We will address mechanical and electrical systems to bring up to date
and will also be cleaning up the building fagade. Heated driveway proposed to address safety
issues.
Stockmar — I live next door. It may be seen as a conflict of interest. Mr. Stockmar left the room and
did not participate in the discussion or vote.
Pratt - Is there an option for a heat exchange system to save energy on the snowmelt system?
King indicated that there are tying to be efficient and will consider a heat exchange.
Lockman - How is building heated now?
King — Natural gas. It would be almost impossible to not be more efficient after this remodel. I'm not
a fan of adding snowmelt but it's a safety issue since this is a fire facility.
Hansen - Will the HVAC system be available for review by the DRB?
King — Yes
Rediker— Officers are constantly cleaning the trucks. Where do they drain the water?
King — Trench drain that currently flow to sanitary system. Driveway and parking will have a water
quality vault, and then drain to creek. We are making strides to collect and clean water. We are
reducing impervious surface.
Lockman- Environmental Report was not required, due to existing structures. Since its close to
creek, why not still required environmental report?
Garner — Exemption for existing buildings applies here.
Gillette — Please explain the safety issues with the heated driveway.
Mark Novak — Engineers have 4 wheel drive and snow tires. Real issue is backing up safely. He
stated the fire department has people helping to back up the trucks. Having staff standing behind
the truck is a safety issue.
Gillette — What if you heated only the first 20 feet in front of the building rather than the whole
driveway?
Novak — 20 feet would not be enough. Once a truck starts to slide it's a safety issue. We looked at
changing the driveway, but there are issues with the trucks not clearing the garage doors.
Rediker — Question for Bill Pierce, Architect. Which image in the plans is best to see what is
proposed on the new proposed driveway?
Garner — Displays landscape plan on the screen.
Bill Pierce — We added evergreen trees to mitigate headlights from cars. He discussed the
displayed landscape plan.
Rediker — Operationally, how will snow removal and storage be handled? Will there be any salt and
sand getting into the creek?
King — We are working with Gregg Barrie to determine best plan to mitigate sand. We may be
forced to haul snow.
Hansen — Landscaping looks thin along the west property line adjacent to the new proposed
driveway.
King — We need to consider shrubs that can take snow on them. We are still working on the
landscaping plan.
Public Comment - None
Final Comments
Gillette — Likes the application but concerned with the snowmelt. We have only reduced energy use
by 2%. Snowmelt should be limited to 10-20 feet in front of the doors, rest should be plowed.
Heating that area is convenient, but not necessary.
Pratt — Different take on this issue. I once called Fire Department and they showed up in 45
seconds. Snowmelt is warranted. Mr. King should use innovative ways to try to be efficient. Snow
Melt boiler is 10 times bigger than that for the building. Don't think we want to snowmelt the drive to
the west. EHUs are concern to me. EHUs should be offered first to Firefighters, then town staff,
before offering to the public.
Hansen — Ditto on housing units and west side landscaping. Snowmelt, lean towards Henry's
comments. You need to be able to get out quickly. I live in East Vail and count on these guys.
Truck in front of station with flat tire, why is that there?
Lockman- Upgrade to the fire stations is important to public safety. Upgrades are much needed.
Landscaping needs to be increased. Without requirement for an environmental report ... there are
issues with Gore Creek. Advise Town to lead by example on creek and environmental
sustainability, snow storage.
Rediker— Henry raised a good issue on the EHUs. Did staff look at these requirements, and can
we add to the conditional use with those requirements to be occupied by town staff?
Ruther — We can add as a priority to rent to a town employee or fire fighter, but would not
recommend keeping it empty if those staff are not occupying unit.
King — We offer these units to fire fighters and other emergency personnel first.
Rediker — If we get rid of baseboard heat, that will save electricity. If we add more efficient boilers,
that will offset some of the power use in driveway. Trucks need to be able to exit the building
quickly. Agree with comments on additional landscaping on the west side. Neighbor across the
creek is far away, and may not be able to plant in wetlands. Do the best you can with landscaping
on west side.
3. A request for an Addition and Exterior Alteration to the Gasthof Gramshammer / Pepi's Restaurant
Building in Vail Village, pursuant to Section 12-713-7 Exterior Alterations or Modifications, Vail
Town Code, to allow for a revised entrance, new windows and new bar seating area located at
231 East Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC16-0011)
Applicant: Gasthof Gramshammer Inc, represented by Gies Architects
Planner: Matt Panfil
Motion to Approve with Conditions
Motion- Pratt Second -Gillette Vote: 6-0-0
Conditions —
1. Approval of this minor exterior alteration request is contingent upon the applicant
obtaining Town of Vail approval of an associated design review application; and
2. The applicant shall mitigate the employee generation impact created by the new net
development in accordance with the provisions of Title 12, Chapter 23, Commercial
Linkage, Vail Town Code, and if a mitigation option including a fee in lieu payment is
chosen, the applicant shall make the required fee in lieu payment to the Town of Vail
prior to the issuance of any building permit. As required by the Town Code, if the
applicant chooses to mitigate any portion of the obligation through off site unit(s), these
unit(s) shall be available for occupancy prior to the issuance of any Certificate of
Occupancy.
3. The PEC recommends that the applicant and the Design Review Board take steps to
increase the alpine character on the Bridge Street side of the building.
Matt Panfil introduced the application. He discussed the added landscaping and site coverage on
the site plan. A net new 81 square feet of floor area and 24 square feet of landscaping are
proposed. The last addition or remodeling to the Bridge Street elevation was in 1988. Applicant
would like a refreshed look. The exterior changes will also be reviewed by the DRB. The proposed
sliding doors serve a function mentioned in the Vail Village Master Plan, which is to open up more
visual transparency to pedestrians. The proposed changes result in a minor increase in the
number of tables inside the restaurant. The site coverage will remain below the 80% required by
code. Commercial linkage will also apply. Staff finds the proposal in compliance with the CC1 zone
district, Vail Village Master Plan, Streetscape Plan, and Urban Design Guidelines. Staff did receive
a concern from a nearby neighbor concerning potential for noise.
Gillette — Did we do a study on the transparency?
Panfil — No there is not a study on the transparency on the existing building vs. proposed.
Gillette — I have concerns with the transparency and with the roof form.
Pratt — In Vail Village our purview is not limited to bulk and mass.
Gillette — I strongly recommend that the DRB look at the transparency, loss of gable roof form, and
the loss of muntins and mullions in windows.
Pratt — Vail Village Urban Design Guide Plan discusses windows, doors, design and trim.
Lockman — What is the intent of the language in the Urban Design Guide Plan?
Panfil showed portions from the Urban Design Guide Plan on windows and transparency.
Ruther discussed the language in the Urban Design Guide Plan. He discussed some other
buildings in Town, such as the Gore Creek Promenade and the Wall Street Building.
Pratt — Pepi's Sports is an example of what could be done.
Gillette — Muntins in Pepi's Sports were examples that were previously mentioned and incorporated
into the Wall Street Building.
Applicant — Russell Gies, Architect — Existing bar has unusable space. This entrance was originally
access to Sheika's bar, now used as ski storage in basement. We wanted to bring more light into
the building. The entry that exists is not part of the original design. Original building did not have
the protrusion, or these muntins (divisions in the windows). Shed roofs are appropriate on smaller
roof forms, per the code. Floor is 39"-41" above Bridge Street. It's not the same as Wall Street
Building. We are trying to make it feel like this is part of the original building. Deep recessed
windows.
Hansen — Have you selected the slider windows? Can you get windows with muntins?
Gies — Nana Doors may have muntins. We are going back and forth between sliders and accordion
style. Each has advantages and disadvantages.
Stockmar — Planter will not go into the right of way?
Gies — Landscaping planter will be on private property.
Public Comment — None
Final Comments —
Lockman — I like the idea of 24 sq. ft. net increase in landscaping and it is great to have more
commercial capacity in Town. This is a great project. On this application, opening the storefront is
great. Agree with Gillette on the loss of the alpine character and to ask the DRB to look into that
issue.
Hansen — Support project as well. If you wanted to change the whole side of the building, it would
not be OK. But for a section of all 18 feet long, it works. This space needs to be fixed. Good design,
I support it.
Pratt — Thus is a badly needed improvement. Muntins are needed, encourage you and the DRB to
look at the muntins. Across the street at new restaurant, seems like everybody is opening up the
storefront. It could get cacophonous from music in this small area, potential for a lot of noise. Code
enforcement will be able to monitor and enforce noise complaints.
Gillette — The applicant should try to get more alpine character on the building. Encourage staff and
the DRB to look at that hard.
Stockmar — That wall has always bothered me. It is dark on the inside of the building. I like the idea
of echoing some of the muntins, so it is not all glass.
Rediker — Agree with my commissioners. On site coverage, bulk and mass it meets code. We need
to keep the alpine character. Shed roof is getting away from that character. In particular, the four
criteria are met, and hope that the DRB notes all of our comments and concerns.
Gillette — Look at opening the top rail on the deck.
Gies — The deck on the second floor has a solid railing because guests complain about the noise
on Bridge Street. Mr. Gies asked if he went to a six or eight panel sliding door system, could he get
back to the vertical nature of the building.
Gillette — You are losing some of the alpine character. We will ask the DRB to look at the design
and see how you can "yodel" it up.
4. A request for the review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a
variance to the front setback for a trash enclosure, located at 265 Forest Road / Lot 21, Block 7,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0012)
Applicant: Kajara LLC, represented by Bill Nutkins
Planner: Matt Panfil
Motion to Deny
Motion- Lockman Second- Stockmar Vote: 5-1-0
The Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family Primary /
Secondary Residential District;
2. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will not
result in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of Title 12, Zoning Regulations, Vail Town Code;
b. There are no exceptions or extraordinary circumstances or conditions applicable
to the same site of the variance that does not apply generally to other properties in the Two -
Family Primary / Secondary Residential District; and
C. The strict interpretation or enforcement of the specified regulation will not
deprive the applicant of privileges enjoyed by the by the owners of other properties in the
Two -Family Primary / Secondary Residential District.
Panfil gave an introduction to the application. The trash enclosure will be about 5 feet from the
property line and creates 34 square feet of new site coverage. The existing retaining wall is about
8'3" in height. Structure would be about 11'3". The home was built in 2003 with a three car garage.
Staff recommends denial, based on no physical hardship. Staff agrees that that the design has a
minimal impact on the neighborhood, but feels that granting the variance will be a special privilege
for the applicant.
Rediker— Did you look at other options for locations?
Panfil — We looked at a variety of locations. Some others would also require a side setback. The
location proposed is what the applicant determined to be the area of least impact.
Rediker— Retaining walls are significantly into side setback
Panfil — Retaining walls can be within the setback.
Ruther— No variances were granted in 2003 for the retaining walls
Hansen — Please define why this is a noncompliant addition.
Neubecker— Definition of GRFA includes storage areas.
There was a discussion on wildlife proof trash containers.
Bill Nutkins — Architect — Made some corrections to statements made by the staff. We looked at the
east side of the house, but we would have needed a variance there too. East side of the garage
also would be an eyesore, and a large drop off of about 12 feet in grade.
Panfil - Agreed that the dimensions mentioned by Nutkins are correct. He read sections from the
Town Code requiring screening and trash enclosures.
Ric Fields — Landscape Architect — Discussed some of the goals of the design, and need for a roof.
One goal is to keep snow from piling on top of trash cans.
Public Comment — None
Final Comment
Stockmar — During site visit, it looks like a solution in search of a problem as there is an existing
three car garage with lots of storage. A solution may be a niche in the wall. I tend not to think that it
is a necessity. None of the alternatives seem practical. I will vote against this.
Gillette — Agree with staff. Do not think that the criteria for a variance have been met. Try to find a
design and location that is not GRFA, eliminate the roof and you are there.
Pratt — This is an elegant solution that is not needed. There is GRFA available. The fact that there
is a roof that sticks over the wall seems to make it a special privilege.
Hansen — I will go the other way. I do think that this is a different situation. I would support the
application.
Lockman — I did not see any practical difficulties. I think it makes sense to use the space under the
wall. The roof makes it need a setback variance, which I cannot support. Look to other locations
without a variance.
Rediker— I like the plan. I see the issue that the owner has, but I agree with the analysis from staff.
I do think there are some practical difficulties with this site. But it does not rise to the level of
supporting a variance.
5. Approval of Minutes
March 28, 2016 PEC Meeting Results
Motion to Approve
Motion- Gillette Second -Lockman Vote: 5-0-1 (Stockmar abstain)
6. Adjournment Motion — Stockmar; Second — Gillette 6-0-0
PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of VA10 April 11, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
Swearing-in New PEC Members
Selection of Chair/Co-Chair
Site Visits:
1. Vail Fires Station Number 1 - 4116 Columbine Drive
2. Gastof Gramshammer - 231 East Gore Creek Drive
3. Kajara LLC Residence - 265 Forest Road
Information Update - Energy Usage: Natural Gas - 15 min.
2. A request for review of a Major Exterior Alteration, pursuant to Section 12-713-7, Exterior 30 min.
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)
Applicant0scar Tang and Blue Mountain Investments represented by J+AArchitects
Planner: Brian Garner
3. A request for review of an amendment to a Conditional Use Permit pursuant to Section 30 min.
12-9C-3, Conditional Uses, Vail Town Code, in accordance with the provisions of
Section 12-16 Conditional Uses, Vail Town Code to allow for the expansion of the East
Vail Fire Station located at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and
setting forth details in regard thereto. (PEC16-0010)
Applicant.Vail Fire Protection District, represented by John King
Planner: Brian Garner
4. A request for an Addition and Exterior Alteration to the Gasthof Gramshammer / Pepi's 60 min.
Restaurant Building in Vail Village, pursuant to Section 12-713-7 Exterior Alterations or
Modifications, Vail Town Code, to allow for a revised entrance, new windows and new
bar seating area located at 231 East Gore Creek Drive / Lot A, Block 5B, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC16-0011)
Applicant Gasthof Gramshammer Inc, represented by Gies Architects
Planner: Matt Panfil
5. A request for the review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, 45 min.
in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to
allow for a variance to the front setback for a trash enclosure, located at 265 Forest
Road / Lot 21, Block 7, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC16-0012)
ApplicantKajara LLC, represented by Bill Nutkins
Planner: Matt Panfil
6. Approval of Minutes
March 28, 2016 PEC Meeting Results
7. Informational Update
8. Adjournment
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited
to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are appro)amate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an
item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon
request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD),
for information.
Community Development Department
Published in the Vail Daily April 8, 2016
TOWN OF VA110
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: April 11, 2016
ITEM/TOPIC:
Swearing-in New PEC Members
Selection of Chair/Co-Chair
Site Visits:
1. Vail Fires Station Number 1 - 4116 Columbine Drive
2. Gastof Gramshammer - 231 East Gore Creek Drive
3. Kajara LLC Residence - 265 Forest Road
Information Update - Energy Usage: Natural Gas - 15 min.
ATTACHMENTS:
File Name Description
PEC_Natural_Gas Usage_Memo 4.11.16.pdf Staff Memorandum
PEC_Natural_Gas Usage_4.11.16.pdf Natural Gas Usage
W1171
Memorandum
To:
From:
Date:
Subject
Planning and Environmental Commission
Community Development Department
April 11, 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/energy/qhq-
equivalencies-calculator-calculations-and-references).
IV. Town of Vail Energy Use and Efficiency Programs
TOV Natural Gas Usage (Dekatherm) 2006-2015
Figure 1- TOV Natural Gas Consumption since 200
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
Figure 1- TOV Natural Gas Consumption since 200
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
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
N
O
U
N
0
t—
L)
�L
d
TOV CO2 Equivalent From Natural
Gas and Electricity
7,000.00 Lionshead Streetscape
and parking structure
6,000.00 updates
5,000.00
4,000.00
3,000.00
2,000.00
1,000.00
Village
Streetscape
Completed
Figure 3- Natural Gas and Electricity Carbon outputs
Electricty Co2
Natural Gas CO2
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.
2006 Natural Gas
Fire
Features
1%
Facilities
37%
Snowmelt
62%
"Due to areas with combined meters, percentages are an approximation
Figure 4- Natural Gas Usage Breakout
Town of Vail
2015 Natural Gas
Fire
Features
1%
L I�
Facilities
20%
40
Snowmelt
79%
"Due to areas with combined meters, percentages are an approximation
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
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TOWN OF VA110
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: April 11, 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:
File Name
Description
1._PEC160008_Staff _Report_04112016.pdf
Staff Report
A._Narrative. pdf
Narrative
B._Red_Lion_Plans.pdf
Plans
C._HOA_Approval.pdf
HOAApproval
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
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 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 Investments, represented by J+A
Architects aka VAg Architects
Planner: Brian Garner
SUMMARY
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 item was again
considered at the March 28, 2016 PEC meeting where the item was tabled to the April
11, 2016 PEC meeting by a vote of 7-0.
The project as proposed at the March 28, 2016 meeting remains as the design
requested by the applicant. Additional information updated since the March 28, 2016
meeting is provided in this report and in the attached plans. Specifically, the additional
material relates to additional analysis of the vertical sun/shade impact to the adjacent
Bridge Street Condos (Rucksack) building. On April 5, 2016 the Vail Town Council
passed a motion to waive their rights to limit additions of GRFA otherwise granted the
Red Lion Declarations and to allow the PEC to review the project based on the adopted
Vail Town Code.
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. On April
17, 1990 the Town Council approved an amendment of View Corridor #1.
Exterior alterations or modifications to the building are regulated by the provisions of the
CC1 District and are considered either major (adds or removes enclosed floor area
greater than 100 square feet) or minor (adds or removes enclosed floor area not more
than 100 square feet). Pursuant to the provisions of the CC1 District, proposed exterior
alterations or modifications require review and approval by the Planning and
Environmental Commission (PEC). PEC approval of an exterior alteration shall
constitute approval of the basic form and location of improvements including siting,
building setbacks, height, building bulk and mass, site improvements and landscaping.
Subsequent to PEC review and approval, the application shall be reviewed by the
Design Review Board (DRB) in accordance with Section 12-11, Design Review.
Town of Vail Page 2
IV. APPLICABLE PLANNING DOCUMENTS
The following provisions of the Vail Town Code are relevant to the review of this
proposal:
TITLE 12: ZONING REGULATIONS
Article 12-713 Commercial Core 1 (CC1) District (in part)
12-7B-1: PURPOSE:
The commercial core 1 District is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment. The commercial core 1
District is intended to ensure adequate light, air, open space, and other amenities
appropriate to the permitted types of buildings and uses. The zoning regulations in
accordance with the Vail Village urban design guide plan and design considerations
prescribe site development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
pedestrianways and public greenways, and to ensure continuation of the building scale
and architectural qualities that distinguish the village.
VAIL LAND USE PLAN
CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.-
The
OLICIES:The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth/ Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
Town of Vail Page 3
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. Itis
intended to result in ordinances and policies that will preserve and improve the
unified and attractive appearance of Vail Village. This Plan emphasizes the
critical need to balance and coordinate parking and transportation systems with
future improvements to Vail Mountain that will increase the "in and out of Valley"
lift capacity. Most importantly, this Master Plan shall serve as a guide to the
staff, review boards, and Town Council in analyzing future proposals for
development in Vail Village and in legislating effective ordinances to deal with
such development. Furthermore, the Master Plan provides valuable information
for a wide variety of people and interests. For the citizens and guests of Vail, the
Master Plan provides a clearly stated set of goals and objectives outlining how
the Village will grow in the future. "
Town of Vail Page 4
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 AS A WHOLE.
Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
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.
Town of Vail Page 5
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 facade improvements proposed add more
windows for transparency and interest to the west facade, the primary facade 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% orl 1,166 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 12-7B-1, Vail Town Code.
Staff finds that the proposal is in compliance with the purposes of the CC1 District since
it will "maintain the unique character of the Vail Village Commercial Area", will provide
"adequate light, air, open space, and other amenities appropriate to the permitted types
of buildings and uses", will positively influence the "maintenance and preservation of the
tightly clustered arrangements of buildings fronting on pedestrianways and public
greenways" and will positively influence the "building scale and architectural qualities
that distinguish the Village."
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
IPIQ
$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 VII 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. 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
ARCNIUrTS + PLANNERS
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@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. Box 1734
Suite G104 Vail, CO 81658-1734
Edwards, CO 81632 email: general@vagarchitects.com
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ConsentAction by Unanimous Written of Members
Approving
MXzFX91W#1
The undersigned, constituting all of the Members of The Red Lion Inn Condominium
Association, Inc., a Colorado nonprofit corporation (hereinafter the "Association"), hereby consent to the
following actions in lieu of holding a meeting, as permitted by the Colorado Revised Nonprofit
Corporation Act.
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: 21,V44 /nfi, flB y
Title: tnt
Units R-1 and R-2
Oscar L. Tang
Unit R-3
Blue Mountain Investments LLC
By: _
Name:
Title:
N
PWOW' -
v
Cd
\�
From:
Mullally, Maroo
To:
Brian Garner
Cc:
bill(ftencomsf.com
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
TOWN OF VA10
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: April 11, 2016
ITEM/TOPIC: A request for review of an amendment to a Conditional Use Permit pursuant to
Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section
12-16 Conditional Uses, Vail Town Code to allow for the expansion of the East Vail Fire Station
located at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and setting forth details in regard
thereto. (PEC16-0010)
ATTACHMENTS:
File Name
Description
1._PEC16-
Staff Memo
0010_East Vail_Fire
Station_CUP
Memo.pdf
A. Vicinity_Map.pdf
Vicinity Map
B._Narrative.pdf
Narrative
C._Plans_Dated_04.05.2016_Part1.pdf
Plans 1
C._Plans_Dated_04.05.2016_Part2.pdf
Plans 2
C._Plans_Dated_04.05.2016_Part3.pdf
Plans 3
D._PEC16-
Draft CUP
0010_East Vail_Fire
Station_DRAFT
CURpdf
TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 2015
SUBJECT: A request for final review of an amendment to a Conditional Use Permit, pursuant
to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with the
provisions of Section 12-16-10 Amendment Procedures, Vail Town Code, to
allow for the expansion of the East Vail Fire Station, located at 4116 Columbine
Drive/Lot 15 Bighorn Subdivision, and setting forth details in regard thereto.
(PEC16-0010)
Applicant: Town of Vail, represented by John King, Facilities Manager
Planner: Brian Garner
SUMMARY
The applicant, the Town of Vail, represented by John King, Facilities Manager, is
requesting an amendment to a Conditional Use Permit to allow for the expansion and
remodel of the East Vail Fire Station. Based upon Staff's review of the criteria outlined
in Section VI of this memorandum and the evidence and testimony presented, the
Community Development Department recommends approval, with conditions of this
application subject to the findings noted in Section VII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting an amendment to a Conditional Use
Permit to allow for the expansion and remodel of the East Vail Fire Station. The
amendment to the Conditional Use Permit is required because the applicant is
proposing to expand and remodel the East Vail Fire Station with the addition of 2,060
square feet to the existing 6,032 square foot facility for a total size of 8,092 square feet.
The new space is to be divided between 1,935 square feet to the fire station and 125
square feet to the two (2) existing Employee Housing Units (EHU's) within the station.
Inside, the current restroom will be made ADA -compliant and the new front building
entry will have an ADA -approved door opener. The existing second- level gym is
proposed to be converted into a new EHU consisting of 644 square feet, for a total of
three (3) EHU's in the facility. The third and fourth level duty quarters space is proposed
to be expanded, while the fourth level EHU remains. Lastly, another small expansion is
proposed to the fifth level duty quarters loft.
The exterior improvements include new siding materials, new windows and doors, new
balconies and railings, and new landscaping. A new asphalt parking area is proposed
on the west side of the facility while the existing paved area in front of the facility is
proposed to be reconstructed with a snow -melted concrete slab for increased safety of
facility ingress/egress. Trash and recycling will be handled on the northeast corner of
the facility accessed by the snow -melted concrete slab in front of the facility. A snow
storage area is designated at the south end of the paved parking area on the west side
of the property.
A vicinity map (Attachment A), a project narrative (Attachment B), the project plans
(Attachment C), and a draft Conditional Use Permit (Attachment D) are attached for
review.
III. BACKGROUND
The East Vail Fire Station was constructed on land previously owned by the Bighorn
Sanitation and Recreation District, which was also used as a septic field from 1963 to
the early 1970s. In the early 1970s when District properties were connected to the
municipal sanitary sewer system, the property was sold to the Town of Vail for the
purpose of constructing and operating a fire station to serve the newly annexed
neighborhood of East Vail. The existing Conditional Use Permit was approved in May,
1980 when the facility was expanded to become the Bighorn Fire Station in
conformance with the requirements of the Public Use zone district. The property was
later zoned General Use District.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
GENERAL USE DISTRICT
12-9C-1: PURPOSE.-
The
URPOSE:
The general use district is intended to provide sites for public and quasi -public uses
which, because of their special characteristics, cannot be appropriately regulated by the
development standards prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in section 12-1-2 of this title and to
provide for the public welfare. The general use district is intended to ensure that public
buildings and grounds and certain types of quasi -public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail,
to harmonize with surrounding uses, and, in the case of buildings and other structures,
2
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LN I
to ensure adequate light, air, open spaces, and other amenities appropriate to the
permitted types of uses.
12-9C-3: CONDITIONAL USES (in part)
The following conditional uses shall be permitted in the GU district, subject to the
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title.-
Public
itle:
Public buildings and grounds
SURROUNDING LAND USES AND ZONING
Land Use
South Medium Density Residential
West Low Density Residential
East Medium Density Residential
North Medium Density Residential
Zone District
Two -Family Residential
Two -Family Residential
Agricultural and Open Space
Two -Family Residential
CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objectives of the Town.
Public buildings and grounds are listed as a conditional use in the General Use District
within the Town of Vail. As such, an owner must first obtain a conditional use permit
from the Planning and Environmental Commission. According to Section 12-16-1,
Purpose, Limitations, Vail Town Code:
"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 and evaluation 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 and 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 ensure that the location
and operation of the conditional uses will be in accordance with development
objectives of the town and will not be detrimental to other uses or properties.
Where conditions cannot be devised to achieve these objectives, applications for
conditional use permits shall be denied. "
3
In assessing the development objectives of the Town, Staff consulted the Vail Land Use
Plan. Those development objectives are as follows:
VAIL LAND USE PLAN (in part)
1. General Growth/ Development
1.10. Development of Town owned lands by the Town of Vail (other than parks and
open space) may be permitted where no high hazards exist, if such development is
for public use.
1.11. Town owned lands shall not be sold to a private entity, long term leased to a
private entity or converted to a private use without a public hearing process.
5. Residential
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.
In evaluating the proposed use for compatibility with the development objectives of the
Town, Staff finds the proposal meets those objectives as the facility is being upgraded
and will include a new Employee Housing Unit to the two (2) existing Employee Housing
Units. Staff finds the proposal meets this criterion.
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 expansion and upgrading of the existing East Vail Fire Station will be an
improvement to the Town's fire facility serving all of East Vail and will benefit the greater
public. Staff finds the expansion and associated improvements will not have any
negative effect on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities and other public facilities needs. Staff
finds the proposal meets this criterion.
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.
The proposed improvements to the East Vail Fire Station will have a positive effect on
traffic movement on and near the site. The snow melt system being installed in the
driveway will make fire truck ingress/egress safer as the driveway is on the north side of
the building adjacent to Columbine Drive and ice builds up under existing conditions.
The relocated, designated staff parking area on the west side of the building makes
Is
visitor parking more clearly identifiable in the front, along Columbine Drive. These
improvements will positively affect automotive and pedestrian safety on the site as well
as better access, control, and maneuverability. Staff finds the proposal meets this
criterion.
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 East Vail Fire Station facility is located within a residential neighborhood consisting
of single-family and multi -family homes in the East Vail community and has existed
since the early 1980's. The location of the facility is crucial, providing emergency fire
response to all of East Vail as well as the 1-70 corridor via the Bighorn interchange
which is close in proximity.
The existing East Vail Fire Station facility is in disrepair with materials that have reached
the end of their useful life and are rapidly deteriorating. As the Fire Station is embedded
in a residential area, the facility expansion and remodel is intended to blend the building
in better with the neighborhood by updating and upgrading elements of the facade that
will be more harmonious with the neighborhood through the use of color and high
quality materials. The bulk and mass of the facility remains largely unchanged, but
remains proportionate where the building expansion is proposed.
Staff finds there would be no negative effect upon the character of the area, including
scale and bulk, as the existing facility is proposed to be upgraded for a more
harmonious fit in the neighborhood. Staff finds the proposal meets this criterion.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this title.
Staff Analysis: An environmental impact report is not required for this project. Section
12-12-3, Exempt Projects, Environmental Impact Reports, Vail Town Code states (in
part):
An environmental impact report shall not be required for the following projects.-
A.
rojects:
A. Alteration, repair and maintenance of existing structures and site improvements.
VII. STAFF RECOMMENDATION
5
Based upon the review of the criteria outlined in Section VI of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning an Environmental Commission approve, with conditions
this amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, to allow for the expansion of the East Vail Fire Station, located
at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to approve, with
conditions this Conditional Use Permit request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for an
amendment to a Conditional Use Permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the expansion of the East Vail
Fire Station, located at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and
setting forth details in regard thereto."
Conditions:
Should the Planning and Environmental Commission choose to approve, with
conditions 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 VI of the Staff
memorandum to the Planning and Environmental Commission dated April 11,
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 Zoning Regulations.
2. The proposed Conditional Use Permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed Conditional Use Permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Project Narrative
C. Applicants project plans dated 02-26-2016
D. Draft Conditional Use Permit
Fire Station 1 Project Summary
The East Vail Fire Station (Station 1) was constructed in 1982 by the Vail Fire Protection District. Since
the initial construction there have been no major modifications or renovations to the facility.
Two fire apparatus are operated out of Station #1, a fire engine and a ladder truck. These apparatus are
staffed by a crew of three firefighters, twenty four hours per day, seven days per week. The firefighters
work a forty eight hour shift, which results in a shift change occurring every two days. During shift
change there are six firefighters in the station for a period of thirty to sixty minutes. Historically, six
resident firefighters also lived on a permanent basis in a dormitory style unit located in the western
portion of the building. Since the construction of the West Vail Fire Station, resident firefighters are no
longer housed at station #1. Station #1 also has one employee housing unit.
Operationally, the fire station has little impact on the surrounding neighborhood. The apparatus at
station #1 responded to 424 emergency calls in 2015, which represents an average of 1.16 responses
per day. Due to the low traffic volume on Columbine Drive, the siren on the apparatus is rarely actuated
when the apparatus leaves the station. The impact of emergency response on the neighborhood is also
relatively low due to the fact that Columbine Drive is a loop, and the fact that the majority of the
residences are on the portion of Columbine Drive which is not part of the normal response route. During
a normal response, fire apparatus would only drive by two residential structures before accessing
Bighorn Road.
In the initial planning phases of the renovation of Station #1, a deployment analysis was conducted to
insure that Station #1 was properly sited to provide the best level of service. This deployment analysis
looked at two metrics: 1) conformity with the Insurance Service Offices (ISO) standard which requires
engine company deployment within one and one-half miles (drive distance) of all structures, 2) National
Fire Protection Association (NFPA) Standard 1710, which establishes a response standard of two
hundred and forty seconds for arrival of the first due fire apparatus. Both of these metrics were
evaluated using GIS analysis. This analysis revealed that the current location provided optimal
deployment and that relocating the station to the east would compromise compliance with these
response standards in the Booth Creek area, while relocating to the west would compromise compliance
with these response standards in the area east of Bighorn Park. With this analysis in mind, a survey was
made to determine if there were building sites in the area that would not compromise optimum
resource deployment and would be suitable for a fire station. None were identified.
The proposed project will not change the current use of the building. The project will consist of the
following elements:
1. The project will add 1470 sq. ft. to the South, West and North sides of the existing apparatus
bay. This additional space will enlarge the apparatus bay to provide walking and workspace
around the apparatus. The fire apparatus are currently parked within inches of the rear wall. The
additional space will also provide for storage, workspace and a new Generator/ Boiler room
which will allow for the generator to be place as far from the adjacent residences as possible.
2. The current first floor fire fighter resident quarters will be re -purposed as office space and a
gym. The second floor space currently being used as gym will be converted to a studio
employee housing unit. The existing employee housing unit will remain. We are adding a 150
square foot stair tower to the North East corner of the building to allow for a covered entry to
the EHU's. The existing exterior stair way will be removed.
3. The existing drive way on the South side of the building will be removed and the new drive way
will be on the North side of the building. The existing parking spots along Columbine Road will
become a landscaped area. A new parking area will be made on the North West side of the site.
4. The existing East side asphalt drive from the overhead doors to Columbine Drive will be
removed and replaced with a heated concrete driveway to provide for a safer egress / ingress
for the fire engines.
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TOWN OF VA110
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: April 11, 2016
ITEM/TOPIC: A request for an Addition and Exterior Alteration to the Gasthof Gramshammer /
Pepi's Restaurant Building in Vail Village, pursuant to Section 12-7B-7 Exterior Alterations or
Modifications, Vail Town Code, to allow for a revised entrance, new windows and new bar seating
area located at 231 East Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC16-0011)
ATTACHMENTS:
File Name
Description
PEC16- PEC16-0011 Staff Memo
0011_Pepi_s_Minor Exterior Alteration_Memo.pdf
PEC16- PEC16-0012 Attachments
0011_Pepi_s_Minor Exterior Alteration Attachments.pdf
0
rowN of VAIL't)
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 2016
SUBJECT: A request for a final review of a minor exterior alteration or modification, pursuant
to Section 12-713-7, Exterior Alterations or Modifications, Vail Town Code, to
allow for a revised entrance, located at 231 East Gore Creek Drive / Lot A, Block
5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0011)
Applicant: Gasthof Gramshammer, Inc. / Pepi's Restaurant, represented by
Russell J. Gies, Gies Architects, Inc.
Planner: Matt Panfil
I. SUMMARY:
The applicant, Gasthof Gramshammer, Inc. / Pepi's Restaurant, represented by Gies
Architects, Inc., is requesting review of an exterior alteration, pursuant to Section 12-76-
7 Exterior Alterations or Modifications, Vail Town Code, to allow the following:
1. An eighty-one (81) square foot addition to the bar area to allow for a revised
entrance off of Bridge Street;
2. Alterations and additions to landscape areas resulting in a net increase of twenty-
four (24) square feet of landscaping;
3. Revisions to the eastern building elevation to change the windows to a sliding
glass door system and to change the gable roofline of the entrance to a shed
roofline with a second floor deck;
4. Interior floor plan revisions to allow for an increase in the number of dining tables
in the bar area; and
5. Relocation of the existing stained glass window from the first floor to the second
floor on the east facade facing Bridge Street.
Based upon staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission (PEC) approve, with
conditions, the minor exterior alterations, subjection to the findings noted in Section VIII
of this memorandum.
II. DESCRIPTION OF THE REQUEST:
The applicant, Gasthof Gramshammer, Inc. / Pepi's Restaurant, represented by Gies
Architects, Inc., is requesting approval of a minor exterior alteration to allow for a
revised entrance, along the Bridge Street frontage, at 231 East Gore Creek Drive. The
revised entrance increases the net new floor area of the restaurant by eighty-one (81)
square feet and will result in a modified roofline from a gable to shed style roof at the
east entrance. The change in roofline allows the creation of new deck areas for two (2)
of the second -story rooms within the hotel.
The proposed windows will have fewer mullions and muntins (glass dividers) than the
existing windows; however, the proposed windows will slide to allow for an open-air
connection to the pedestrian environment. The existing stained glass window will be
relocated from the first floor to the second floor and maintains an element of uniqueness
to the entrance.
Landscaping modifications will result in a net increase of twenty-four (24) square feet of
landscape area, primarily through the removal of the existing landscape area near the
entrance and the addition of a new stone planter at the base of the new windows and at
the northeast corner of the site.
Exterior materials and colors are intended to match the existing conditions.
Interior renovations will allow for a slight increase in the number of tables within the bar
and lounge area.
A vicinity map (Attachment A), a project narrative written by the applicant, dated March
10, 2016 (Attachment B), and plans and elevations, dated March 14, 2016 (Attachment
C) have been attached for review and inclusion in the record.
III. BACKGROUND:
The Tyrolean style Hotel Gasthof Gramshammer was constructed in 1964. Town files
indicate a variety of applications have been presented before the PEC and the Design
Review Board (DRB) for improvements such as addition of accommodation units and
residential dwelling units, basement renovations, landscape modifications, and patio
remodels. However, the entry vestibule and the bar and lounge area were last
remodeled in 1988.
The property's current zoning designation of Commercial Core 1 District (CC1) was
established as part of the original Town of Vail zoning regulations via Ordinance No. 8,
Series of 1973, adopted on August 7, 1973.
Town of Vail Page 2
IV. APPLICABLE PLANNING DOCUMENTS:
Staff believes that the following provisions of the Vail Town Code, Vail Land Use Plan,
Vail Village Master Plan, and the Vail Village Urban Design Guide Plan are relevant to
the review of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 7, Section 12-78 Commercial Core 1 (CCI) District (in part)
12-78-1: PURPOSE.-
The
URPOSE:
The commercial core 1 district is intended to provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open space,
and other amenities appropriate to the permitted types of buildings and uses. The
zoning regulations in accordance with the Vail Village urban design guide plan
and design considerations prescribe site development standards that are
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public greenways, and
to ensure continuation of the building scale and architectural qualities that
distinguish the village.
12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Subject To Review: The construction of a new building, the alteration
of an existing building which adds or removes any enclosed floor area,
the alteration of an existing building which modifies exterior rooflines,
the replacement of an existing building, the addition of a new outdoor
dining deck or the modification of an existing outdoor dining deck shall
be subject to review by the planning and environmental commission
(PEC) as follows.-
6.
ollows:
6. Compliance With Comprehensive Applicable Plans: It shall be
the burden of the applicant to prove by a preponderance of the
evidence before the planning and environmental commission
that the proposed exterior alteration is in compliance with the
purposes of the CCI district as specified in section 12-78-1 of
this article, that the proposal is consistent with applicable
elements of the Vail Village master plan, the town of Vail
streetscape master plan, and the Vail comprehensive plan, and
that the proposal does not otherwise negatively alter the
character of the neighborhood. Further, that the proposal
substantially complies with the Vail Village urban design guide
plan and the Vail Village design considerations, to include, but
Town of Vail Page 3
not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework,
street enclosure, street edge, building height, views,
service/delivery and sun/shade analysis, and that the proposal
substantially complies with all other elements of the Vail
comprehensive plan.
12-7B-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN.-
A.
LAN:
A. Adoption: The Vail Village urban design guide plan and design
considerations are adopted for the purposes of maintaining and
preserving the character and vitality of the Vail Village (CCI) and to
guide the future alteration, change and improvement in the CC 1
district. Copies of the Vail Village design guide plan and design
considerations shall be on file in the department of community
development.
Chapter 15: Gross Residential Floor Area (in part)
12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS.-
C.
XCLUSIONS:
C. Within all districts except the hillside residential (HR), single-family
residential (SFR), two-family residential (R), two-family primary /
secondary (PS), residential cluster (RC), low density multiple -family
(LDMF), medium density multiple -family (MDMF), high density
multiple -family (HDMF), housing (H), and Vail Village townhouse (VVT)
districts.-
Gross
istricts:
Gross Residential FloorArea Defined: The total square footage
of all levels of a building, as measured at the inside face of the
exterior walls (i.e., not including furring, sheetrock, plaster and
other similar wall finishes). GRFA shall include, but not be
limited to, elevator shafts and stairwells at each level, lofts,
fireplaces, bay windows, mechanical chases, vents, and storage
areas. Attics, crawl spaces and roofed or covered decks,
porches, terraces or patios shall also be included in GRFA,
unless they meet the following provisions:
b. Within buildings containing more than two (2)
allowable dwellings or accommodation units, the
following additional areas shall be excluded from
calculation as GRFA. GRFA shall be calculated by
measuring the total square footage of a building as
set forth herein. Excluded areas as set forth shall then
be deducted from the total square footage.-
Town
ootage:
Town of Vail Page 4
(2) All or part of the following spaces, provided
such spaces are common spaces.-
(B)
paces:
(B) Common lobby areas.
Chapter 23: Commercial Linkage (in part)
12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in table 23-1, "Employee
Generation Rates By Type Of Commercial Use", of this section, shall
be applied to each type of use in a commercial development. For any
use not listed, the administrator shall determine the applicable
employee generation rate by consulting the town's current nexus study.
TABLE 23-1 (in part)
Eating and drinking establishment 6.75 employees per 1,000 feet of
net new floor area
B. If an applicant submits competent evidence that the employee
generation rates contained in table 23-1 of this section or the nexus
study do not accurately reflect the number of employees generated by
the proposed commercial development or redevelopment and the
administrator finds that such evidence warrants a deviation from those
employee generation rates, the administrator shall allow for such a
deviation as the administrator deems appropriate.
C. Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs for twenty percent
(20%) of the employees generated, pursuant to table 23-1 of this
section, or the nexus study, in accordance with the requirements of this
chapter.
12-23-6: METHODS OF MITIGATION:
B. For all development projects except those mitigated by subsection A of
this section, the mitigation of employee housing required by this
chapter shall be accomplished through one, or any combination, of the
methods further described in this section. Unless otherwise regulated
by this title, the choice of method(s) used to mitigate the employee
housing requirements of this chapter shall be at the sole discretion of
the applicant.
4. Payment Of Fees In Lieu.-
Town
ieu:
Town of Vail Page 5
a. The fee in lieu for each employee to be housed shall
be established annually by resolution of the town
council, provided that, in calculating that fee, the town
council shall include the net cost (total cost less the
amount covered by rental or sale income) of real
property and all related planning, design, site
development, legal, construction and construction
management costs of the project, in current dollars,
which would be incurred by the town to provide
housing for the employee to be housed in that year.
b. An administrative fee, established by resolution of the
town council, shall be added to the amount set forth in
subsection 84a of this section.
c. Fees in lieu shall be due and payable prior to the
issuance of a building permit for the development.
d. The town shall only use monies collected from fees in
lieu to provide new employee housing.
Land Use Plan
Chapter 2 — Land Use Plan Goals / Policies (in part)
4. Village Core/ Lionshead
4.1 Future commercial development should continue to occur primarily
in the existing commercial areas. Future commercial development
in the Core areas needs to be carefully controlled to facilitate
access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved through
implementation of the Urban Design Guide Plan and the Vail
Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and
should be preserved. (Scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
Vail Village Master Plan
Chapter 5: Goals, Objectives, Policies and Action Steps (in part)
Goal #1: Encourage High Quality, Redevelopment While Preserving Unique
Town of Vail Page 6
Architectural Scale of the Village in Order to Sustain its Sense of
Community and Identity
Objective 1.2: Encourage the upgrading and redevelopment of
residential and commercial facilities.
Objective 1.4: Recognize the "historic" importance of the
architecture, structures, landmarks, plazas and
features in preserving the character of 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 as a Whole.
Objective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial
facilities to better serve the needs of our guests.
Vail Village Urban Design Guide Plan
Sub -Area Concepts: Gore Creek Drive /Bridge Street (in part)
18. Fagade improvements. Increased ground floor transparency.
Architecture/ Landscape Considerations
Roofs.-
The
oofs:The current expression, and objective, for roofs in the Village is to form a
consistently unifying backdrop for the architecture and pedestrian streetscape,
and to avoid roofs, which tend to stand out individually or distract visually from
the overall character.
Roof Forms:
Roofs within the Village are typically gable in form and of moderate -to -low pitch.
Shed roofs are frequently used for small additions to larger buildings.
Fagades
Materials.-
Of
aterials:Of the above materials, stucco is the most consistently used material. Most of the
buildings in the Village exhibit some stucco, and there are virtually no areas
where stucco is .entirely absent. It is intended to preserve the dominance of
stucco -by its -use in portions, at least, of all new facades, and by assuring that
other materials are not used to the exclusion of stucco in any sub -area within the
Village.
Transparency:
Town of Vail Page 7
Pedestrian scale is created in many ways, but a major factor is the openness,
attractiveness, and generally public character of the ground floor facade of
adjacent buildings. Transparent store fronts are "people attractors", opaque or
solid walls are more private, imply "do not approach". On pedestrian -oriented
streets such as in the Village, ground floor commercial facades are
proportionately more transparent than upper floors. Upper floors are typically
more residential, private and thus less open.
As a measure of transparency, the most characteristic and successful ground
floor facades range from 55% to 70% of the total length of the commercial
facade. Upper floors are often the converse 30%-45% transparent.
Windows
Doors
Trim
In addition to the general degree of transparency, window details are an
important source of pedestrian scale -giving elements.
The size and shape of windows are often a response to the function of the street
adjacent. For close-up, casual pedestrian viewing windows are typically sized to
human -sized dimensions and characteristics of human vision. (Large glass -wall
storefronts suggest uninterrupted viewing, as from a moving car. The sense of
intimate pedestrian scale is diminished.)
Like windows, doors are important to character and scale -giving architectural
elements. They should also be somewhat transparent (on retail commercial
facades) and consistent in detailing with windows and other facade elements.
Doors with glass contribute to overall facade transparency. Due to the visibility of
people and merchandise inside, windowed doors are somewhat more effective in
drawing people inside to retail commercial facades. Although great variations
exist, 25-30% 1 transparency is felt to be a minimum transparency objective.
Articulated doors have the decorative quality desired for Vail. Flush doors, light
aluminum frames, plastic applique elements all are considered inappropriate.
Prominent wood trim is also a unifying feature in the Village. Particularly at
ground floor levels, doors and windows have strop, contrasting (see Color -
Facades) framing elements, which tie the various elements together in one
composition. Windows and doors are treated as strong visual features. Glass -
wall detailing for either is typically avoided.
Town of Vail Page 8
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
231 East Gore Creek Drive
Lot A, Block 5B, Vail Village Filing 1
Commercial Core 1
Vail Village Master Plan
Mixed -Use
None
Development
Standard
Allowed/Required
Existing
Proposed
Change
Lot/Site Area
5,000 sq. ft. of
buildable area
15,856 sq. ft. buildable
No Change
Setbacks
No setbacks required by the
No Change
Vail Urban Design Guide Plan
43' for up to 40% of
53.3% between 33'-43' and
Building Height
building, 33' for
46.7% under 33'*
No Change
remainder of building
Site Coverage
g
No more than 80% of
12,482 sq. ft.
12,563 sq. ft.
+81 sq. ft.
total site area
78.7%
79.2%
0.5%
Landscaping
No reduction in
landscape allowed
863 sq. ft.
887 sq. f.t
+24 sq. ft.
*Approved via Variance, 1998
Commercial Linkage (Title 12, Chapter 23)
Net New Square Feet: 81 square feet
Eating & Drinking Establishment:
New Employees Generated
Mitigation Rate:
Employees to be Housed
Commercial Linkage Obligation
per Employee:
Applicant's Commercial Linkage
Obligation:
6.75 employees generated per 1,000 sq. ft.
of net new area
0.55
20%
0.11 Employees
$74,481
$8,193
VI. SURROUNDING LAND USE AND ZONING
Existing Use
North: Covered Bridge Building
Zoning District
Commercial Core 1
Town of Vail Page 9
South: Bridge Street Condominium Commercial Core 1
East: Gorsuch Building / Clock Tower Commercial Core 1
West: Children's Fountain / Creekside Building Commercial Core 1
VII. REVIEW CRITERIA
Title 12, Chapter 7, Article B, Section 7, Exterior Alteration or Modifications
It shall be the burden of the applicant to prove by a preponderance of the evidence
before the PEC that:
1. The proposed exterior alterations are in compliance with the purposes of the
CC1 district as specified in Section 12-7113-1, Vail Town Code;
Staff finds the proposed exterior alteration is in compliance with the purpose of the
CC1 District as the proposal will, "maintain the unique character of the Vail Village
commercial area." Although the low-pitched gable roof is being replaced by a shed
roof, the new roof will be consistent in color and materials. The proposed sliding
windows will strengthen the pedestrian -oriented character of the Vail Village
commercial area.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
2. The proposal is consistent with applicable elements of the Vail Village Master
Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive
Plan;
Staff finds that the application is consistent with the Vail Comprehensive Plan,
which includes the Vail Village Master Plan and the Town of Vail Streetscape
Master Plan, because the proposal is an upgrade to an existing mixed use
structure. The proposal is consistent with the following elements:
The intent of Objective 1.2 within the Vail Village Master Plan,
which is to, "encourage the upgrading and redevelopment of
residential and commercial facilities."
2. The intent of Objective 2.5 within the Vail Village Master Plan,
which is to, "Encourage the continued upgrading, renovation
and maintenance of existing lodging and commercial facilities to
better serve the needs of our guests."
Therefore, staff finds the proposed exterior alteration meets this review
criterion.
3. The proposal does not otherwise negatively alter the character of the
neighborhood; and,
Town of Vail Page 10
The proposed revised entrance is consistent with the existing structure, and
surrounding structures, in scale and massing. Materials and colors will match the
existing conditions. Also, the reuse of the existing stained glass window will help
blend the new entrance with its iconic history.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
4. The proposal substantially complies with the Vail Village Urban Design Guide
Plan and the Vail Village design considerations, to include, but not be limited
to, the following urban design considerations: pedestrian ization, vehicular
penetration, streetscape framework, street enclosure, street edge, building
height, views, service/delivery and sun/shade analysis.
The proposed revised entrance is consistent with Concept 18 within the Gore Creek
Drive / Bridge Street section of the Vail Village Urban Design Guide Plan which
advocates, "Facade improvements. Increased ground floor transparency."
Active and transparent ground -level storefronts, the use of stucco, and glass doors
are general design considerations established within the Vail Village Urban Design
Guide Plan that are applicable to the proposed revised entrance.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a request for review of an exterior alteration, pursuant to Section 12-713-7 Exterior
Alterations or Modifications, Vail Town Code, to allow for a revised entrance, located at
231 East Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth
details in regard thereto.
Should the Planning and Environmental Commission choose to approve this minor
exterior alteration request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission approves, with conditions, the
applicant's request for a review of a Minor Exterior Alteration, pursuant to Section
12-7B-7 Exterior Alterations or Modifications, Vail Town Code, to allow for a
revised entrance, located at 231 East Gore Creek Drive / Lot A, Block 5B, Vail
Village Filing 1, and setting forth details in regard thereto."
Conditions.-
Town
onditions:
Town of Vail Page 11
Approval of this minor exterior alteration request is
contingent upon the applicant obtaining Town of Vail
approval of an associated design review application, and
2. The applicant shall mitigate the employee generation impact
created by the new net development in accordance with the
provisions of Title 12, Chapter 23, Commercial Linkage, Vail
Town Code, and if a mitigation option including a fee in lieu
payment is chosen, the applicant shall make the required fee
in lieu payment to the Town of Vail prior to the issuance of
any building permit. As required by the Town Code, if the
applicant chooses to mitigate any portion of the obligation
through off site unit(s), these unit(s) shall be available for
occupancy prior to the issuance of any Certificate of
Occupancy.
Should the Planning and Environmental Commission chose to approve, with
conditions, this minor exterior alteration request, the Community Development
Department recommends the Commission makes the following findings:
"Based upon a review of Section Vll of the April 11, 2016 staff memorandum to
the Planning and Environmental Commission, 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,-
2.
egulations,
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan, and
3. That the proposal does not otherwise negatively alter the character
of the neighborhood.
IX. ATTACHMENTS
A. Vicinity Map
B. Project Narrative Written by the Applicant
C. Plans and Elevations
Town of Vail Page 12
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Matt Panfil
From: Eugene Kidwell <erkidwell@yahoo.com>
Sent: Thursday, April 7, 2016 2:29 PM
To: Matt Panfil
Subject: Re: Pepi's Bridge Street Entranchce Proposal
Matt:
When modifications are approved we hope that the doors/windows, that will close off the bar area,
are such that they will contain the music, crowd noise, etc. inside the bar area to allowable
decibels. Sound, loud noise/music carries up Bridge Street! This has been a problem with other bars
in the area that do not have adequate doors and windows to block sound that is above the decibel
levels allowed in the village.
Thank you for your help.
E. Raymond and Carolyn Kidwell
281 Bridge Street
Unit 14
Vail, CO 81657
423-341-1491 Cell
423-288-7642 Home/Tennessee
erkidwel I(a)-yahoo. com
From: Matt Panfil <MPanfil(a)_vailgov.com>
To: "'erkidwell@yahoo.com"' <erkidwell(a)-yahoo.com>
Sent: Monday, April 4, 2016 12:09 PM
Subject: Pepi's Bridge Street Entrance Proposal
Caroline:
Per our conversation, attached is a rendering of the proposed modifications to Pepi's at 231 Gore
Creek Drive. Please contact me with any additional questions or concerns.
Thank you,
ica
Matt Panfil, AICP
Town Planner
Community Development
0
TOWN OF VAfL/
970.477.3459
vailgov.com
twitter.com/vailgov
ELi "Al L
In I
TOWN OF VA110
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: April 11, 2016
ITEM/TOPIC: A request for the review of a variance from Section 12-6D-6 Setbacks, Vail Town
Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow
for a variance to the front setback for a trash enclosure, located at 265 Forest Road / Lot 21,
Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0012)
ATTACHMENTS:
File Name Description
PEC16-0012_265 Forest Road_Variation_Memo.pdf PEC16-0012 Staff Memo
PEC16- PEC16-0012 Attachments
0012-265—Forest—Road—Variation—Attachments. pdf
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rowN of VAIL't)
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 2016
SUBJECT: A request for a review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, in
accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow
for a variance to the required front setback for a trash enclosure, located at 265 Forest
Road / Lot 21, Block 7, Vail Village Filing 1, and setting forth details in regards thereto.
(PEC16-0012)
Applicant: Karja LLC, represented by Bill Nutkins, AIA, NDG Architecture, Inc.
Planner: Matt Panfil
I. SUMMARY:
The applicant, Karja LLC, represented by NDG Architecture, Inc., is requesting the review of a
variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17
Variances, Vail Town Code, to allow for a trash enclosure within the required front setback
area, located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing 1.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
denial of the proposed front setback variance, subject to the findings noted in Section VIII of
this memorandum.
II. DESCRIPTION OF THE REQUEST:
The applicant, Karja LLC, represented by NDG Architecture, Inc., is requesting the review of a
variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17
Variances, Vail Town Code, to allow for a trash enclosure within the required front setback
area, located at 265 Forest Road.
After purchasing the existing home at 265 Forest Road, the homeowner found the interior of
the existing garage to be an undesirable location to store their trash and recycling bins due to
the amount of space they occupy. Instead of storing bins within the garage, the homeowner is
proposing to construct a trash enclosure into the existing terraced retaining wall outside of the
garage and towards the front of the property.
The proposed trash enclosure is designed to blend into the terraced retaining walls but also
replicate architectural details from the existing home, such as a gabled roof, matching siding
and trim, decorative light, and doors that will match the existing garage doors.
At its closest point, the trash enclosure will be five feet (5) from the front (southern) property
line. The trash enclosure would be approximately thirty-four (34) square feet in area and
eleven feet three inches (11'3") in height to the top of the gable.
According to the applicant, the proposed location has the least potential visual impact to
surrounding neighbors because the trash enclosure will be partially buried into the side of the
hill.
A vicinity map (Attachment A), project narrative written by the applicant (Attachment B), and
the proposed plans (Attachment), are attached for reference.
III. BACKGROUND:
The existing single-family home was built in 2003. Due to the steep topography of the site, the
property is accessed via a curving and descending driveway which leads to a motor court and
attached three (3) car garage. A two-tier eight foot three inch (8'3") tall retaining wall
separates the driveway from Forest Road.
Previous improvements to the property since construction of the existing home include a 25E
square foot addition to the existing GRFA in order to enclose a portion of a patio in 2009 and
multiple landscape modifications in 2009 and 2010
IV. APPLICABLE PLANNING DOCUMENTS:
Staff believes that the following provisions of the Vail Town Code are relevant to the review of
this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 2, Definitions (in part)
BUILDING: Any structure having a roof supported by columns or walls, or any other
enclosed structure, for the housing or enclosure of persons, animals, or property.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, but
not including poles, lines, cables, or other transmission or distribution facilities of public
utilities, or mailboxes or light fixtures. At the discretion of the design review board,
swimming pools and tennis courts may be exempted from this definition.
Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part)
Town of Vail Page 2
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-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
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).
Chapter 17, Variances (in part)
12-17-1: PURPOSE.-
A.
URPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and
enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon, from
topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate
vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage, usable
open space, landscaping and site development, and parking and loading
requirements, or with respect to the provisions of chapter 11 of this title,
governing physical development on a site.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION.-
Within
CTION:
Within twenty (20) days of the closing of a public hearing on a variance
application, the planning and environmental commission shall act on the
application. The commission may approve the application as submitted or may
approve the application subject to such modifications or conditions as it deems
necessary to accomplish the purposes of this title, or the commission may deny
the application. A variance may be revocable, may be granted for a limited time
Town of Vail Page 3
period, or may be granted subject to such other conditions as the commission
may prescribe.
12-17-6: CRITERIA AND FINDINGS.-
A.
INDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance.-
1.
ariance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, or
to attain the objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The planning and environmental commission shall
make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of this title.
b. There are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not apply
generally to other properties in the same zone district.
Town of Vail Page 4
c. The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone
district.
Title 14 — Development Standards and Guidelines, Vail Town Code
Chapter 10, Design Review Standards and Guidelines (in part)
14-10-10: ACCESSORY STRUCTURES, UTILITIES, SERVICE AREAS
A. Design of accessory structures upon a site shall be compatible with the
design and materials of the main structure or structures upon the site.
B. Accessory buildings generally should be attached to the main building either
directly or by means of a continuous wall, fence or similar feature of the same
or a complementary material as the main building's exterior finish.
E. Service areas, outdoor storage, and garbage storage shall be screened from
adjacent properties, structures, streets, and other public areas by fences,
berms, or landscaping.
F. Adequate trash storage areas shall be provided. There shall be year round
access to all trash storage areas which shall not be used for any other
purpose.
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
265 Forest Road
Lot 21, Block 7, Vail Village Filing 1
Two -Family Primary/Secondary Residential (PS)
Low Density Residential
Single -Family Home
Steep Slopes > 40
Development
Allowed/Required
Existing
Proposed
Change
Standard
Lot/Site Area
15,000 sq. ft.
23,935 sq. ft.
No Change
buildable area
Front: 20'
Front: 20'
Front: 5'
Front: -15'
Setbacks
Side: 15'
Side: N/A
Side: N/A
Side: N/A
Rear: 15'
Rear: N/A
Rear: N/A
Rear: N/A
Building Height
Flat Roof: 30'
8' 3'/4"
11' 3"
+2111%"
Sloping Roof: 33
Retain. Wall
Trash Enc.
Density
2 DUs per site
1
DU
No Change
Gross Res.
Floor Area
7,662 sq. ft.
7,451.5 sq. ft.
7,485.5 sq. ft.
+34 sq. ft.
Town of Vail
Page 5
VI.
Site Coverage
Max. 20% of total site
18.1%
18.2%
+ 34 sq. ft.
area (4,787 sq. ft.)
4,329 sq. ft.
4,363 sq. ft.
Landscaping
Min. 60% of total site
61.2%61.0%
- 34 sq. ft.
area 14,361 sq. ft.
14,642 s . ft.
14,608 sq. ft.
SURROUNDING LAND USE AND ZONING
Existing Use
North: Open Space
South: Low Density Residential
East: Low Density Residential
West: Low Density Residential
VII. REVIEW CRITERIA
Zoning District
Natural Area Preservation
Single -Family & Two -Family Primary /
Secondary Residential
Two -Family Primary / Secondary
Two -Family Primary / Secondary
The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Staff finds that any hardship associated with the requested variance is self-imposed. In
previous instances where the PEC has approved front setback variances, the variation
requests were often granted based on topography, lot size, or unusual limitations.
In this request, the existing structure was built as new construction subject to the same
development review process and front setback standards as are currently required.
Therefore, staff does not believe that the proposed variance meets this review criterion.
2. The degree to which relief from the strict and literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the objectives of this title without a
grant of special privilege.
The intent of setbacks is to establish the permitted location of uses and structures in
order to maintain uniformity within a specific zoning district. Staff finds the applicant
has failed to sufficiently demonstrate a physical hardship which is unique to their site
and necessitates the relocation of the trash and recycling bins from within the
existing garage to a new structure within the front setback. While the proposed trash
Town of Vail
Page 6
enclosure would be more convenient to the applicant, the proposed location is a
matter of personal preference and not of physical necessity.
Staff finds that granting the requested variance would be a grant of special privilege
in that there are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Two -Family Primary / Secondary Residential District.
Therefore, staff does not believe that the proposed variance meets this review
criterion.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The extension of the peak of the structure above the existing retaining wall may have a
minor visual impact on the neighborhood. However, as the proposed trash enclosure will
be built into the existing retaining wall and the structure is only thirty-four (34) square feet in
size, the proposed front setback variance will not affect the distribution of population,
transportation and traffic facilities, public facilities and utilities, or the public safety.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
4. Such other factors and criteria as the commission deems applicable to the proposed
variance.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends denial of the requested review of a
variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the provisions of
Section 12-17, Variances, Vail Town Code, for a variance to the front setback for a trash
enclosure, located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing 1, and setting forth
details in regards thereto.
Should the Planning and Environmental Commission choose to deny this variance request,
the Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission denies the applicant's request for a
variance, from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the
front setback for a trash enclosure, located at 265 Forest Road / Lot 21, Block 7, Vail
Village Filing 1, and setting forth details in regards thereto."
Should the Planning and Environmental Commission choose to deny this variance request,
the Community Development Department recommends the Commission make the following
findings:
Town of Vail Page 7
"The Planning and Environmental Commission finds.-
1.
inds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary/ Secondary Residential District;
2. This variance is not warranted for the following reasons.-
a.
easons:
a. The strict literal interpretation or enforcement of the specified regulation will
not result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of Title 12, Zoning Regulations, Vail Town Code,-
b.
ode,
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that does not apply generally to
other properties in the Two -Family Primary / Secondary Residential District;
and
c. The strict interpretation or enforcement of the specified regulation will not
deprive the applicant of privileges enjoyed by the by the owners of other
properties in the Two -Family Primary / Secondary Residential District. "
(Should the Planning and Environmental Commission opt to approve the request,
please consider the below text)
Alternatively, should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the Commission
pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for a
variance, from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the
front setback for a trash enclosure, located at 265 Forest Road / Lot 21, Block 7, Vail
Village Filing 1, and setting forth details in regards thereto."
Should the Planning and Environmental Commission choose to approve this variance request,
the Community Development Department recommends the Commission make the following
findings:
"The Planning and Environmental Commission finds.-
1.
inds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary/ Secondary Residential District as the Planning and Environmental
Commission has consistently held that configuration of existing sites, topographic
conditions, physical limitations, street locations, or conditions on the site or in the
Town of Vail Page 8
immediate vicinity are hardships that may justify the granting of a variance from the
Town's current zoning regulations,-
2.
egulations,
2. The granting of this variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity; and
3. This variance is warranted for the following reasons.-
a.
easons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title,-
b.
itle,
b. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
Two -Family Primary / Secondary Residential District; and
c. The strict or literal interpretation and enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners of other
properties in the Two -Family Primary / Secondary Residential District.
IX. ATTACHMENTS
A. Vicinity Map
B. Project Narrative Written by the Applicant
C. Plans and Elevations
Town of Vail Page 9
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Ad Name: 12039004A
PLANNING AND ENVIRONMENTAL
COMMISSION April 11, 2016, 1:00 PM
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Vail Town Cd
-VaiC Colorado,
75 S. Frontage Road -Vail, Colorado, 81657
Your account number is- 1 OP2P 33
1. Call to Order
Vail Daily
Swearing-in New PEC Members
Site Visits:
1. Vail Fire Station Number 1 - 4116 Columbine
Drive
PROOF OF PUBLICATION
2. Gasthof Gramshammer - 231 East Gore Creek
Drive
3. Kajara LLC Residence - 265 Forest Road
STATE OF COLORADO }
Information Update- Energy Usage: Natural Gas -
15 min.
SS.
2.A request for review of a Major Exterior Alter-
ation, pursuant to Section 12-7B-7, Exterior Alter -
COUNTY OF EAGLE }
ations or Modifications, Vail Town Code, to allow
for the addition 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
1, Don Rogers, do solemnly swear that I am a qualified
E -H, Block 5A, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC160008) - 30
representative ofthe Vail Daily. That the same Daily newspaper
min.
Applicant: Oscar Tang and Blue Mountain Invest-
ments represented by J+A Architects
printed, in whole or in part and published in the County
Planner:Brian Garner
of Ea le, State of Colorado, and has a eneral circulation
g g
3.A request for review of amendment ta Con -
ditional Use Permit 1nt to Section 12-9C-3,
therein; that said newspaper has been published continuous)
p y
pursuant
Conditional Uses, Vail Town Code, in accordance
with the provisions of Section 12-16 Conditional
and uninterruptedly in said County of Eagle for a period of
Uses, Vail Town Code to allow for the expansion of
the East Vail Fire Station located at 4116 Colum-
more than fifty-two consecutive weeks next prior to the first
bine Drive/Lot 15 Bighorn Subdivision, and setting
forth details in regard thereto. (PEC16-0010) - 30
publication of the annexed legal notice or advertisement and
min.
Applicant: Vail Fire Protection District, represent-
ed by John King
that said newspaper has published the requested legal notice
Planner:Brian Garner
and advertisement as requested.
4.A request for an Addition and Exterior Alteration
to the Gasthof Gramshammer / Pepi's Restaurant
Building in Vail Village, pursuant to Section
12-713-7 Exterior Alterations or Modifications, Vail
The Vail Daily is an accepted legal advertising medium,
Town Code, to allow for a revised entrance, new
windows and new bar seating area located at 231
onl for jurisdictions operating under Colorado's Home
3 p g
East Gore Creek Drive / Lot A, Block 5B, Vail Vil-
)age Filing 1, and setting forth details in regard
thereto. (PEC16-0011)- 60 min.
Rule provision.
Applicant: Gasthof Gramshammer Inc, represent-
ed by Gies Architects
Planner:Matt Panfil
That the annexed legal notice or advertisement was
5.A request for the reviewof a variance from Sec -
tion 12-6D-6 Setbacks, Vail Town Code, in accor-
published in the regular and entire issue of every
dance with the provisions of Section 12-17-1, Vari-
ances, Vail Town Code, to allow for a variance to
number of said daily newspaper for the period of 1
the front setback for a trash enclosure, located at
265 Forest Road / Lot 21, Block 7, Vail Village Fil-
ing 1, and setting forth details in regard thereto.
consecutive insertions; and that the first publication of said
( bC16-0012)
notice was in the issue of said news a er dated 4/8/2016 and
Applicant: Kajara LLC, represented by Bill Nutkins
p p
Planner:Matt Panfil
that the last publication of said notice was dated 4/8/2016 in
6.Adjournment
the issue of said newspaper.
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.
In witness whereof, I have here unto set m hand this day,
The public is invited to attend the project orienta-
05/31/2016.
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-
�,f/
formation. Sign language interpretation is available
upon request with 48-hour notification. Please call
(970) 479-2356, Telecommunication Device for the
General Man ager/Publisher/Editor
Deaf (TDD), for information.
Vail Dail
Community Development Department Published in
y
the Vail Daily April 8, 2016 (12039004)
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 05/31/2016.
( �L-& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
r
Ad Name: 12006722A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P33
MW nay
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 3/25/2016 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.
( �L-& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
r
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 April 11, 2016 at 1:00
pm in the Town of Vail Municipal Building.
A request for review of an amendment to a Condi-
tional Use Permit pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, in accordance
with the provisions of Section 12-16 Conditional
Uses, Vail Town Code to allow for the expansion of
the East Vail Fire Station located at 4116 Colum-
bine Drive/Lot 15 Bighorn Subdivision, and setting
forth details in regard thereto. (PEC16-0010)
Applicant: Vail Fire Protection District, represented
by JohnKing
Planner: Brian Garner
A request for an Addition and Exterior Alteration to
the Gasthof Gramshammer / Pepi's Restaurant
Building in Vail Village, pursuant to Section
12-713-7 Exterior Alterations or Modifications, Vail
Town Code, to allow for a revised entrance, new
windows and new bar seating area located at 231
East Gore Creek Drive / Lot A, Block 5B, Vail Vil-
lage Filing 1, and setting forth details in regard
thereto. (PEC16-0011)
Applicant: Gasthof Gramshammer Inc., represent-
ed by Gies Architects
Planner: Matt Panfil
A request for the review of a variance from Section
12-6D-6 Setbacks, Vail Town Code, in accordance
with the provisions of Section 12-17-1, Variances,
Vail Town Code, to allow for a variance to the front
setback for a trash enclosure, located at 265 For-
est Road / Lot 21, Block 7, Vail Village Filing 1, and
setting forth details in regard thereto.
(PEC16-0012)
Applicant: Karja LLC, represented by Bill Nutkins
Planner: Matt Panfil
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 25, 2016 in the Vail Daily.
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