HomeMy WebLinkAbout2016-0523 PECTOWN OF VAII #
PLANNING AND ENVIRONMENTAL COMMISSION
May 23, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
Members Present: Brian Gillette, Kirk Hansen, Ludwig Kurz, Henry Pratt (from Item 3
onward), John Rediker, and Brian Stockmar
Absent: John Ryan Lockman
2. A request for an appeal of an administrative decision pursuant to section 12-3-3,
Appeal of Administrative Action, concerning Section 12-15-3 Definition, Calculation,
and Exclusions, relating to how gross residential floor area (GRFA) is calculated in
relation to basements in the Hillside Residential (HR), Single-family Residential
(SFR), Two- family Residential (R), and Two-family, Primary Secondary Residential
(PS) Districts. (TC16-0004) - 45 min.
Applicant: Michael Suman
Planner: Chris Neubecker
Action #1: Denial of appeal; The Planning and Environmental Commission hereby finds
that the Community Development Department properly applied the Vail Town Code in its
determination that Section 12-15-3 Vail Town Code concerning basements applies to only
the lowest level of a structure, and that a single two-family residential dwelling is one
structure, and therefore may have only one lowest level.
Motion #1: Kurz Second: None
Action #2: Approval of appeal; Staff did not properly apply the Town Code because they
find that there can only be one lowest level of a structure, which is not true.
Motion #2: Gillette Second: None
Action #3: Approval of appeal; The Vail Town Code was not interpreted and applied
properly in regard to the Community Development Department's determination that
Section 12-15-3 Vail Town Code concerning basements applies to only the lowest level of
a structure, and that a single two-family residential dwelling is one structure, and
therefore must have only one lowest level. The Planning and Environmental Commission
further finds that as currently written, Section 12-15-3 Vail Town Code concerning
basements applies to the lowest levels of each dwelling unit of a two-family residential
dwelling structure, that in a two-family residential dwelling each dwelling shall be
considered a separate structure and therefore may have more than one lowest level if
basements are constructed in each structure on different finished floor elevations.
Motion #3: Hansen Second: Stockmar Vote: 2-3-0 (Fails)
Action #4: Denial of appeal; The Planning and Environmental Commission hereby finds
that the Community Development Department properly applied the Vail Town Code as it is
currently written in its determination that Section 12-15-3 Vail Town Code concerning
basements applies to only the lowest level of a structure, and that a single two-family
residential dwelling is one structure, and therefore may have only one lowest level. In
addition, the current language is ambiguous and needs to be clarified.
Motion #4: Rediker Second: Kurz Vote: 2-3-0 (Fails)
Action #5: Approval of appeal, Town Code was not properly applied by staff
Motion #5: Gillette Second: Stockmar Vote: 3-2-0 (Passes)
Chris Neubecker introduced the appeal, which is a result of a pre -application meeting between
the applicant and staff. Staff finds that the code indicates that only the lowest level of the
entire structure that is below grade can be deducted from the gross residential floor area
(GRFA). The appeal is not specific to one property, but to the general application of the GFRA
standards. The applicant does have standing and their appeal was submitted in a timely
manner. The question at hand is whether the requirements of the Town Code, specifically
Section 12-15-3, were correctly applied in staff's determination that a duplex is one structure
which means that only the area below grade on the lowest level can be deducted, and not two
separate structures that would each be able to deduct their own separate lowest levels as
suggested by the applicant.
Neubecker then referenced a graphic depicting an example of a duplex and how staff applies
the Town Code to basement GRFA deductions, as well as how the applicant believes the
Town Code should be applied.
Stockmar — Asked what criteria were used for the properties that were identified by the
applicant as exceptions to how the criteria were applied.
Neubecker — We believe those cases to be a result of an error by staff.
Gillette — Stated his belief that the intention of the basement GRFA deduction was to allow for
subterranean floor area because it does not affect bulk and mass. Are we defining the lowest
level of a structure correctly? He believes that there could be more than one lowest level of a
structure. He thinks that the definition of lowest level should be any level without any space
below it.
Neubecker — The Town Code states that there can only be one lowest level in a structure, not
multiple lowest levels.
Gillette — Believes we should modify the code to allow for more than one lowest level and
should credit all subterranean space.
Neubecker — There may be a need to reevaluate the definition of lowest level, but we would
need direction from the PEC to modify the definition to reflect the true intent of the deduction
as determined by the PEC.
Ruther — In addition to this appeal, a larger conversation may be needed regarding whether or
not the application of the Town Code is producing the desired results.
Neubecker — Outlined five (5) different options available to the PEC
1. The Community Development Department made the proper determination of the Vail
Town Code, and the code should remain as written.
2. The Community Development Department made the proper determination of the Vail
Town Code, but the code should be modified to more clearly identify that a two-family
dwelling shall be considered a single structure for the purposes of calculating GRFA,
and that the GRFA exclusion applies only to the lowest level of a two-family structure,
even if basements are constructed on different finished floor elevations.
3. The Community Development Department made the proper determination of the Vail
Town Code, but the code should be changed to allow basement GRFA exclusions on
more than one level of a two-family structure, if basements are constructed on different
finished floor elevations.
4. The Community Development Department made an incorrect determination of the Vail
Town Code, and the code should remain as written.
5. The Community Development Department made an incorrect determination of the Vail
Town Code, and the code should be modified to more clearly identify that a two-family
dwelling shall be considered two structures for the purposes of calculating GRFA.
Rediker — Asked for clarification if the decision is solely based on one unique case, or whether
or not the PEC should recommend a text amendment.
Neubecker — Asking the PEC to address this particular appeal and then, if appropriate, make a
recommendation on next steps.
Michael Suman, Appellant, presented his views. While staff has a clear interpretation of how
to apply the criteria, he believes the Town Code is confusing and requires clarification. The
appeal is also based on past precedent of previous approvals of multiple lowest level
deductions, including some of his own previous projects. He believes the intent of the
basement deduction was based on the fact that it should apply in general to subterranean
space. The inconsistency of the interpretation of the Town Code is a direct reflection of a flaw
in the Town Code.
Referencing a packet provided by the applicant, Mr. Suman cited a letter from a previous
Planning and Environmental Commissioner, Bill Pierce, who felt that the basement deduction
should be applied to each unit.
Mr. Suman presented new language that he believes would better reflect the intent of the
basement GRFA deduction. This would encourage better design which allows structures to
step up the hillside. Mr. Suman believes that it is unfair that the owner of the lowest unit of a
duplex is the only one that benefits from the basement GRFA deduction. Mr. Suman believes
the future redevelopment of duplexes will be problematic among future owners because the
downhill unit is the only winner.
Mr. Suman also added that the Town's policy that a floor height differential of six feet (6') or
greater means that there are two (2) separate levels is not established within the Town Code.
Referencing site and floor plans, Mr. Suman described the specific project on which the appeal
is based. Mr. Suman demonstrated that to achieve the same GRFA based on staff's
interpretation of the basement GRFA deduction would require more site disturbance and the
use of retaining walls.
Mr. Suman concluded by stating that option five is most desirable, but option three is also
acceptable.
Mr. Price, owner of the north unit, added that he supports option five because he wants to
redevelop the property to allow for family growth. Mr. Price feels that the current interpretation
of Town Code is unfair to owners and would cause litigation between duplex owners.
Rediker — Asked Michael Suman what sections of the Town Code does he believe indicate that
a duplex should be interpreted as two separate structures instead of one structure.
Suman — Within the GRFA section of Town Code, we calculate the GRFA for each unit in
instances within the Two -Family Primary / Secondary Residential District.
Gillette — Stated that the process to find maximum GRFA is to calculate it as a whole and then
the developer can divide the GRFA however they want, or when in the PS
(Primary/Secondary) district, divide it 60% for primary and 40% for secondary.
Suman — Another reason that he applies the GRFA to each unit is because the Town Code
also requires that duplex units be structurally independent.
Gillette — Is afraid that calculating GRFA separately for each unit could become messy. He
believes that instead of focusing the conversation on the definition of structure, the focus
should be on the definition of lowest level.
Rediker opened the hearing for public comment
Mr. Hans Berglund, Berglund Architects, stated that one of his projects was one of the projects
referenced as having received approval for GRFA deductions on multiple levels. He believes
that staff's interpretation creates significant issues when there are two (2) separate duplex
owners. He further believes this will cause legal issues for the Town of Vail. In regards to the
six foot (6') separation between levels, he stated that it causes strange designs or discourages
people from redeveloping their property.
Mr. Ron Byrne stated that he agrees with Mr. Ruther's statement and thinks that the current
language of the Town Code should be reevaluated. Mr. Byrne stated that based on his
memory of when the basement GRFA deduction was brought into the Town Code, the purpose
of the deduction was to address issues with excessive mass and bulk above grade and allow
for subterranean space. Mr. Byrne stated that this is an economic issue that could be in the
hundreds of millions of dollars. Mr. Byrne encouraged the PEC to reexamine the Town Code
by interpreting "structure" and "unit" as two different entities so that they can quickly address
the issue rather than go through a text amendment process.
Mr. Rollie Kjesbo stated that he is not debating staff's determination, but as a member of the
Planning and Environmental Commission at the time of the implementation of the basement
GRFA deduction, the intent was for each unit of a duplex to be eligible for the deduction. Mr.
Kjesbo stated that he also spoke with former Planning and Environmental Commissioners, Bill
Pierce and Doug Cahill, who were also on the PEC at the time of the implementation of the
basement GRFA deduction, and they both agreed that the intent was for both duplex units to
be eligible for the deduction.
Paul Gotthelf stated his belief that there will be serious issues in the real estate community
between individual duplex owners and changing the code would make for a simpler process.
Rediker asked for Commissioner comments.
Stockmar — Stated that he has read the code and admits it is confusing, but believes the Town
Council should advise that the basement GRFA deduction provisions be reevaluated.
Gillette — The reevaluation should include any residential district, not just duplexes. Expressed
his support for option five and reiterated his belief that if floor area does not impact the bulk
and mass, it should be exempted.
Kurz — Agrees with the other Commissioners that the deduction should be reevaluated and
clarified, but believes staff did not misinterpret the Town Code. Kurz recommended the
reevaluation of both GRFA and determination of floor level.
Hansen — Supports option three as he also believes staff has not misinterpreted the Town
Code. He also agrees that duplex owners should be treated equally and that subterranean
space is not a detriment to the community and does not impact bulk and mass.
Rediker — Appreciated public comment and applicant and staff's presentation. It is the job of
staff and the PEC to interpret the Town Code with caution. Agreed that staff did not
misinterpret the Town Code. Any amendment to the Town Code regarding the basement
GRFA deduction should be carefully considered for all of its potential impacts. The PEC is
being asked to vote one specific issue, and is not inclined to vote for a motion that directs staff
to change the Town Code. Though there is agreement that the basement GRFA deduction
should be reevaluated, any change must go through the established process.
Price — Commented during the motion process that he believes that the Town Code was
misinterpreted and that his project should not be held up by further review of the language of
the Town Code.
Rediker — The lack of a consensus indicates the PEC itself also disagrees on how the Town
Code should be interpreted.
Neubecker suggested a simpler motion as to whether or not staff misinterpreted code, without
providing direction on why or what to do next.
Gillette — After a series of motions, Gillette used the white board to draw examples of
structures with basements below grade, and indicating that any basement that has no floor
area below it shall be excluded from the GRFA calculation. He emphasized his belief that all
subterranean space should be exempt from GRFA calculations.
Rediker — Would prefer not to litigate through this one application and favors a full reevaluation
of the Town Code. Emphasized that he feels staff correctly applied the Town Code, and that is
what is being asked in this appeal.
Stockmar — We are not being asked to rule on a specific application, but how Town Code is
applied. The code does not delineate between a unit and a structure. There are semantic
difficulties within the Town Code.
Gillette — Thinks of the question as "if we agree that staff's interpretation furthers the objective
of the Town Code" and believes in this case it does not. Intent was that owners could build if it
did not affect bulk and mass. Asked Ruther for clarification.
Ruther — The issues is "yes or no" on a very specific question. There is a reason why the code
says "lowest level" and not "grades below ground". Reiterated the comments by Rediker and
Stockmar. Reminded the PEC that they can initiate changes to the text of the Town Code. If
the PEC finds that the code is unclear, they may want to provide direction to the staff to clean
up the code.
Ruther — Regardless of whether or not you agree or disagree with staff's determination, we can
return at the next PEC meeting to have a workshop to discuss the options available moving
forward.
Rediker — Reiterated his belief that we should not be legislating through this application
Stockmar — Don't want to table the application, but do want to defer it. Staff should look at the
code, and return at the next meeting with a proposal that may address the concerns that have
been raised. Changing "unit" with "structure" changes the semantics of the code.
Ruther — In the ordinance adoption process, the PEC makes a recommendation to the Town
Council. It's possible that changes occur before adoption of an ordinance by the Town Council.
Staff will come back to the PEC at the next meeting to discuss GRFA in more detail. There will
be an option to provide feedback at that time, and discuss the intent of the code.
Rediker — If we want to legislate, we need to do that in the proper fashion.
Gillette — Three board members don't agree that staff's decision meets the intent of the code,
for various reasons. At the next work session we can hash out how to fix the code.
Ruther — As a result of the final approved motion, a structure may have more than one lowest
level within the building, which could be applied to individual units in a multi -structured building.
3. A request for the review of a conditional use permit, pursuant to Section 12-713-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in
accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code,
to allow for an outdoor patio, located at 298 Hanson Ranch Road (Vista Bahn
Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC16-0019) - 10 min.
Applicant: Remonov & Co., represented by TAB Associates
Planner: Jonathan Spence
Action: Approve
Motion: Kurz Second: Hansen Vote: 6-0-0
Conditions:
1. This Conditional Use Permit approval is contingent upon the applicant obtaining
Town of Vail approval of an associated design review application(s) prior to
September 1, 2016.
2. The applicant shall enter into a lease agreement with the Town of Vail for the area
encompassed by the outdoor patio associated with this establishment for the
portion of the patio that encroaches into the Hanson Ranch Road right-of-way,
prior to commencing the construction or use of the outdoor patio.
3. The applicant shall operate the outdoor patio in a manner consistent with the
approved site plan dated 04/15/2016.
4. If at any time the restaurant is not in operation for 7 days or more the outdoor
patio railings shall be stored indoors and if the railings are disassembled at any
time they shall be stored indoors.
Jonathan Spence presented on behalf of the Community Development Department. The
outdoor patio area will be similar to that of Crespelle, located within the same building. The
patio area will serve two functions; one being for stacking of customers at the pick-up window
and the second for use as an outdoor dining area.
Rediker — What conditions can be placed to prevent the applicant from storing their railings
against the building?
Spence — A condition could be added stating that when the restaurant is not in operation that
the railings should be stored indoors.
Rediker — The proposal has been reviewed and approved by emergency services?
Spence— Yes
Rediker —Will the railings be mounted in the same way as the Crespelle location?
Spence — Yes, the railing sleeves are required.
Greg Macik with TAB Associates — No presentation
Hansen — Is the primary driver for the request economic?
Greg Macik — Yes, the purpose is to spur additional sales.
Rediker — If this was a stand alone application, would you still propose the outdoor dining area
without the pick-up window?
Greg Macik — Yes, with or without a pick-up window the outdoor patio would be proposed.
Rediker opened the hearing for public comment. There was none.
Rediker opened the hearing for Commissioner Comment.
Pratt — No specific comment, but is concerned about food being shuttled up and down stairs.
Hansen — Thanked staff for their thoroughness.
Kurz, Gillette, Stockmar, and Rediker agreed with Hansen.
4. A request for review of a Minor Exterior Alteration, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for six (6) square feet
of additional floor area for a concessions window, located at 298 Hanson Ranch
Road (Vista Bahn Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC16-0018) - 10 min.
Applicant: Remonov & Co., represented by TAB Associates
Planner: Jonathan Spence
Action: Approve
Motion: Pratt Second: Stockmar 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.
2. The proposed concessions window shall only operate in conjunction with the
approved outdoor patio. The window shall not operate without the outdoor patio
and the patio fencing shall be in place at all times the concessions window is
open to the public.
3. The applicant shall be required to meet the Commercial Linkage obligations at
time of building permit issuance.
5. A request for the review of a variance from Section 12-7B-15 Site Coverage, Vail
Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail
Town Code, to allow for a variance to the maximum allowable site coverage of 80% to
facilitate a six (6) square foot addition, located at 298 Hanson Ranch Road (Vista
Bahn
Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC16-0017) - 10 min.
Applicant: Remonov & Co., represented by TAB Associates
Planner: Jonathan Spence
Action: Approve
Motion: Stockmar Second: Kurz Vote: 6-0-0
Spence- Town Code requires any additional square footage within this district be approved by
the PEC. The existing structure already exceeds the maximum 80% site coverage and is at
approximately 85% site coverage. The addition of six (6) square feet would add approximately
0.13% to the existing site coverage. Staff finds that the requested variance meets the
requirements of the Town Code.
Referencing a picture of the existing storefront, Mr. Spence described the proposed exterior
alterations. Staff finds the alteration and variance to be relatively minor requests.
Gillette — The window will be staffed?
Spence — There will be two (2) employees there.
Gillette — Asked for clarification on the existing site coverage.
Spence — Other buildings in the area also exceed the maximum 80% site coverage. The site
coverage in this area is something that can be examined during the Vail Village Character
Study.
Pratt — Are there any plans for snow melt on the proposed shed roof?
Spence — The roof does not hold snow.
Greg Macik — No presentation
Pratt — Asked for clarification of what will be sold through the grab and go window.
Greg Macik — The idea is that it will be an extension of the restaurant. The food will be served
in ready to go containers.
Rediker — Asked for hours of operation.
Greg Macik — 7 AM to 5 PM.
Hansen — Asked for lighting information.
Greg Macik — An additional light will be added in the interior space.
Rediker asked for public comment. There was none.
Rediker asked for Commissioner Comment.
Stockmar — Three (3) other restaurants have an outdoor patio in the immediate area. He feels
that the proposal would give activity to the area.
Gillette — The site coverage variance does not grant special privilege.
Kurz — This will enhance the experience of guests and does not see any traffic issues with the
proposal.
Hansen — A good addition to the core and some thought should be given to lighting to
demonstrate that the window is open for business.
Pratt — Supports the request, but has a concern over the grab and go function and increased
trash in the area.
Rediker — Generally in favor of the application. It is a unique idea in an underutilized space,
but he has concerns about lines blocking pedestrian circulation. Mr. Rediker is also concerned
on how the variance criteria is applied and that this may establish a precedent for the other
buildings in the area that already exceed the maximum allowable site coverage.
Gillette — What was the purpose of establishing an 80% site coverage?
Spence — More research would be needed as to how 80% was determined
Rediker — In regards to the exterior alteration, are we getting into a Design Review Board
(DRB) issue, but will there be the same number of windows, will they be sliding windows, etc.?
Spence — The proposal will be reviewed by the DRB.
Rediker — Asked for clarification as to how the food service will work
Greg Macik — There is a sliding window and a small ledge on the outside.
Pratt — Asked if other Commissioners thought there should be a time limitation on any approval
so that it can be revisited at a later date to ensure things are operating smoothly?
Spence — The variance or exterior alteration cannot be revisited, but all conditional use permits
can be recalled at any time by the PEC.
6. A request for review of an Exemption Plat pursuant to section 13-12-3, Vail Town
Code, Plat Procedure and Criteria for Review, to adjust the location of the building
envelope located at 971 Spraddle Creek Road, Lot 8, Spraddle Creek Estates, and
setting forth details in regard thereto. (PEC16-0013) - 15 min.
Applicant: Terry T Noell Trust, represented by Triumph Development
Planner: Chris Neubecker
Action: Approve
Motion: Pratt Second: Kurz Vote: 6-0-0
Condition(s): 1. Applicant shall add a note to the plat stating "Portions of Lot 8 are within
Geologically Sensitive Areas, including steep slopes, rock fall, and debris flow areas, as
determined by the Vail Town Code, Title 12, Chapter 21."
Chris Neubecker presented on behalf of the Community Development Department. Referencing an
exhibit, Neubecker stated that the applicant is proposing to modify the building envelope by
removing a portion of the building envelope on the back end of the property and adding an area of
equal size on the east side of the lot. The area being removed from the envelope is heavily
landscaped while the new area is primarily hardscape and grass. There is no change in the overall
square footage of the envelope. There will be no impact on views. Staff recommends approval.
Pratt —Was there any comment from the neighbor?
Neubecker — No, but there is a letter from the Spraddle Creek Architectural Review Board that
approved the change. The caretaker of the adjacent property did not know of any objections to the
proposal, but the owner did not provide comment.
Gillette — Is the existing hot tub nonconforming?
Neubecker — No.
Kurz — Has staff verified that the areas are equal?
Neubecker — Yes.
The applicant, Mike Foster, did not have a presentation, but stated that he met with all the adjacent
neighbors and one neighbor asked that any new landscaping does not block his views to which Mr.
Foster indicated he would comply.
Rediker — Asked if the design review board for the HOA reviewed the proposal?
Foster — Yes, and it has been approved.
Rediker asked for public comment. There was none.
Rediker asked for Commissioner Comments.
Pratt — If the neighbors have been contacted and are ok with the proposal he is more comfortable
with the request. Mr. Pratt also stated that if the applicant were to change his mind and build up to a
33' tall addition instead of a pool there could be site view issues.
Hansen, Kurz, Gillette, Stockmar, and Rediker concurred.
7. A request for a recommendation to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Titles 5 and 14, Sections 5-11, 14-10-5, and 14-10-8, to relocate standards related
to roofing material specifications from the Vail Town Code to the Building Code,
and to further align the Vail Town Code with nationally recognized standards for
reducing wildfire home loss, and setting forth details in regard thereto. (PEC16-
0016) - 30 min.
Applicant: Town of Vail, represented by Paul Cada
Planner: Jonathan Spence
Action:
Motion: Second: Vote:
Jonathan Spence introduced the project on behalf of the Community Development
Department.
Mark Novak, Fire Chief — Over the past year we have reviewed previous efforts to protect the
Town from wildfire. Last fall we talked to Council and introduced the concept. Fuel breaks are
important. In the past, we have not placed a lot of efforts on defensible space. Council wanted
to make sure the design standards are not in conflict with wildfire mitigation. We now have
better standards to put in place than those adopted in 2007-2008. Paul will talk about why this
is important.
Paul Cada, Fire Department — Provided a presentation on preventing structural ignitability. Vai
is in an ecosystem of low frequency but high intensity fires. Fires do not happen frequently
here, on average every 200 — 400 years. It has been well over 100 years since we had a major
fire. About 80% of wildfires are human caused, that leaves 20% of fires started by nature,
which are harder to prevent.
The entire town is within range that fire embers travel. There could be a fire in Minturn and
have embers fall here in town. 2002 was Colorado's worst fire season and it substantially hurt
the economy. Eagle Wildfire Protection Plan (2004) includes Vail. That plan has specific
recommendations for defensible space. Wildland crew was first hired in 2007. The current
design standards regarding wood roofs were adopted in 2008. Several fuels reduction projects
have been implemented in the town. Last summer we presented to Council on Fire Adaptive
Communities. Fire is a natural part of the ecology. We want to develop strategies that allow us
to recover if there is a fire. Council directed Fire Department to work with other departments to
become a Fire Adaptive Community. We want our design standards to be compatible with Fire
Adaptive Communities. Each year nearly 3,000 structures are destroyed by wildfires. Colorado
has had two (2) major wildfires recently with major structure loss.
Paul Cada - discussed professional research on fire science and studies on how homes catch
fire.
Homes can burn in three (3) different ways: 1.) fire contact; 2.) ember ignition (embers from fire
nearby, or even far away start the home or landscape on fire, and then the structure burns; and
3.) structure to structure fires. In the Waldo Canyon fire, attached fences were the wick to carry
fires from one house to another. In Vail, due to proximity of homes to each other, there is a
possibility for structure to structure fires.
The area from the structure outward to 30 feet has the most impact on determining how fires
spread. Paul discussed Dr. Steve Quarles research and provided images showing the fire
studies. Components of structures susceptible to fires area: 1.) roof (communities with wood
shake roofs are especially vulnerable); 2.) vents; 3.) fences; 4.) siding; and 5.) landscaping.
Paul showed a video of IBHS (Institute for Building and Home Safety) Studies. He discussed
some of the ways that fires start, based on the video. This is a realistic video showing how
embers move. Embers accumulate in the same places that blowing leaves will accumulate.
Cementitious siding withstands fire well.
The town has completed some large scale fuels reductions around town. About 700 structures
still have unrated roofs. New homes since 2008 have Class A assembly. Most homes have
stone and stucco, which are more resistant. We have lots of issues with older homes with
shake siding and A -frames. Most homes have very dense landscaping. Threat of urban
conflagration is high (house to house fire). Heavy landscaping can put homes surrounding a
fire at risk. We want homes to be able to withstand a wildfire without firefighters. We will have
firefighters show up, but it will take a while to have a substantial number of fire fighters on the
fire. During a wildfire, fire fighters need to make a lot of quick decision. There are a number of
sections of the Town Codes that address a number of aspects of fire prevention. Legacy shake
roofs that are unrated are a priority and density of landscaping is another priority.
Four places in code (14-10-5) (14-10-8) (5-11) (10-1-2) that we would like to discuss.
Design standards contain a lot of technical components for wood roofs. They probably should
be in the building code, not in the design standards. We propose to remove the technical
components from the design standards. We would like to address repair and replacement.
Now people repair wood roofs so that they do not need to replace. In tile roofs, there can be
openings where embers can get in. We would like to require stopping materials to prevent
embers getting under tiles.
We want to better define wildfire fuels, and also address all forest pathogens, not just Mountain
Pine Beetle. Also, how can we modify the landscaping standards to better address wildfire
mitigation?
Spence — We should take Item #2 out of the discussion. We want to talk more with the DRB to
have a better understanding of how these changes will have an impact.
Novak — In relation to moving roofing materials into the building code, we have already
discussed this with the Board of Appeals.
Gillette —What have we done with the budget concerning wildfire crews? What has changed in
budget over the years?
Cada- Prior to 2014, we had a seasonal staff. I was hired in 2014 full time to address wildfires,
plus we have some part time staff. Council approved funding for the Intermountain project; 160
acres of treatment. Some trees will be removed this year, and some more next year.
Gillette — How far west does that go?
Cada- From ski area boundary west, almost to Dowd Junction. All the way down to the river.
Gillette — How many acres were treated with the helicopter?
Cada — About 300 acres of treatment. There has been a substantial amount of work. Ski area
has also done a lot of work.
Gillette — How would you rate the fire risk at ski area?
Cada — A lot of fire breaks due to the trails. Wilderness areas north of the highway are harder
to treat.
Gillette — Is that risk low, due to westerly winds?
Cada — Yes, but we can get winds from any direction. Our main concern is within the boundary
of town. The most substantial risk is due to wood roofs. We cannot fireproof our forest.
Negative impacts would be so great on wildlife and water quality. Even if we have a fire outside
of town, it can affect tourism. There could be impacts on water quality from a fire outside of
town. Assessed value of town is in the billions.
Stockmar — A few weeks ago we discussed Vail Village Inn where the rest of the roof is cedar
shake. We faced economic issue of the remaining roof life that was not being replaced. We do
have significant economic impacts to force the replacement of roofs. How long can we expect
for the remaining roofs to disappear?
Cada — Prior to 2008, we had "thou shalt have a shake roof'. One of the advantages of shake
roofs is the ability to repair.
Gillette — We should consider a sunset provision for shake roofs.
Spence — Code does not allow you to continue to repair forever.
Gillette —The majority of roof repair do not get a permit. My guess would be that if there is a
roof leak, he calls a roofer, not the town, and the roofer fixes it.
Spence — There are challenges with enacting sunset provisions. We would have to check to
Town Attorney.
Novak — Code allows owners to replace 25% of roof. Some owners try to skirt rules by
replacing 25% each year.
Cada — We currently do not do roof inspections. Embers can get under a barrel style tile roof.
There are challenges with the inspection process that we should consider changing.
Rediker — I am assuming you will be coming back with changes to zoning code and building
code. Does building code come to PEC for revisions?
Ruther — Just zoning code, not building code. We will also bring back changes relating to
landscaping.
Gillette — I used to have to sit down with Martin (Building Official) to review my roof assembly.
Novak - There are methods to use WUI nest on vents. Most important to address are the roofs.
8. A request for the review of a variance from Section 11-7-6 Construction Signs, Vail
Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail
Town Code, to allow for a freestanding sign, located at 2310 Chamonix Road, Parcel
B, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC16-0021)
— 15 min.
Applicant: Town of Vail, represented by George Ruther
Planner: Matt Panfil
Action: Approve
Motion: Hansen Second: Kurz Vote: 6-0
Matt Panfil presented the proposed Chamonix signage and the requested variance. There is
not currently a construction fence or any vertical walls on which to attach the construction sign,
as required by Town Code. Staff finds that the proposed sign complies with variance criteria.
Ruther — There is no building or construction fence to which to attach the sign. At such time as
the code can be met, the sign will be relocated.
Pratt — Given that the purpose of the signs is to identify emergency contact information, permit
numbers, etc. This looks like advertising.
Spence — We have had some signs in the past that appeared to be for sales promotion,
including price and other marketing information.
Pratt — I do not have a problem with the freestanding issue, but the sign seems more like
advertising. It is difficult to find the emergency contact information.
Gillette — Does staff see any problems with a private developer doing the same thing?
Panfil —The Town Code specifies what information must be on the sign and what information
may be on the sign, but it does not specify how that information should be presented. There
are no standards for copy size, etc.
Ruther — The reason for the sign is that we have had several phone calls asking what was
being built. The public suggested that we install a sign.
9. Approval of Minutes
May 9, 2016 PEC Meeting Results
Action: Approve
Motion: Kurz Second: Stockmar Vote: 4-0-2 (Gillette,
Pratt abstained)
10. Informational Update
PEC Training — Gross Residential Floor Area (GRFA) - Matt Panfil - 30 min.
Tabled to June 13, 2016 (12:00 PM start)
Rediker — Discussed the KAABOO Music Festival — The event will dominate the use of the park
for the setup, the event, and the take down. This use is not intended for concerts. It is not an
approved use. Nobody has talked to this board and has not yet applied for a Conditional Use
Permit. I believe they need to come to PEC for a Conditional Use Permit.
Stockmar — It is proposed not just for one year, it would be a 15 or 16 year agreement. The
organizers want to make this an annual event.
Pratt — Disagree that this is one use that will dominate the park. That is one zoning use, but
does not apply to an event.
Ruther — Town has held several music events outside of the Ford Amphitheater. We are talking
about a larger event for a longer duration, with longer set up and breakdown times. Turf
recovery may be an issue. Order of magnitude is much larger than smaller concerts we have
held in the past. We will continue to talk with Town Attorney to understand the required
process.
Gillette — It's similar to Go Pro Games. What process do they go through?
Ruther — For larger events, we may write an ordinance to cover the event, example USA Pro
Challenge; World Ski Championships. The ordinance may exempt from some regulations, such
as signage. We do need to ensure that these types of issues are discussed before a final
decision is made. Go Pro does have a multi-year agreement with Town.
Rediker — This is a for-profit event, which is different from the Go Pro Games.
Ruther — The question is, is this the type of event that we would proactively go after?
Stockmar — It is a small Woodstock, the demographic is 40-70 years old.
Ruther — Our issue will be impacts to traffic and pedestrians and the environment, not whether
or not it is the right demographic.
11. Adjournment 5:25 PM
PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF VAi� ` May 23, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
2. A request for an appeal of an administrative determination pursuant to section 12-3-3, 45 min.
Appeal of Administrative Actions, concerning Section 12-15-3 Definition, Calculation,
and Exclusions, relating to how gross residential floor area (GRFA) is calculated in
relation to basements in the Hillside Residential (HR), Single-family Residential (SFR),
Two-family Residential (R), and Two-family Primary Secondary Residential (PS)
Districts. (TC16-0004)
Applicant Michael Suman
Planner: Chris Neubecker
3. A request for the review of a conditional use permit, pursuant to Section 12-7B-3, 10 min.
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in
accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to
allow for an outdoor patio, located at 298 Hanson Ranch Road (Vista Bahn
Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC16-0019)
Applicant Remonov & Co., represented by TAB Associates
Planner: Jonathan Spence
4. A request for the review of a variance from Section 12-7B-15 Site Coverage, Vail Town 20 min.
Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town
Code, to allow for a variance to the maximum allowable site coverage of 80% to
facilitate a six (6) square foot addition, located at 298 Hanson Ranch Road (Vista Bahn
Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC16-0017)
_r1.
A request for review of a Minor Exterior Alteration, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for six (6) square feet of
additional floor area for a concessions window, located at 298 Hanson Ranch Road
(Vista Bahn Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC16-0018)
Applicant Remonov & Co., represented by TAB Associates
Planner: Jonathan Spence
5. A request for review of an Exemption Plat pursuant to section 13-12-3, Vail Town Code, 15 min.
Plat Procedure and Criteria for Review, to adjust the location of the building envelope
located at 971 Spraddle Creek Road, Lot 8, Spraddle Creek Estates, and setting forth
details in regard thereto. (PEC16-0013)
Applicant Terry T. Noell Trust, represented by Triumph Development
Planner: Chris Neubecker
6. A request for a recommendation to the Vail Town Council for a prescribed regulation 30 min.
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Titles 5
and 14, Sections 5-11, 14-10-5, and 14-10-8, to relocate standards related to roofing
material specifications from the Vail Town Code to the Building Code, and to further
align the Vail Town Code with nationally recognized standards for reducing wildfire
home loss, and setting forth details in regard thereto. (PEC16-0016)
Today's meeting will focus on an introduction to Wildfire Mitigation Standards, past and
present efforts to reduce the dangers to the community, and plans moving forward to
create a fire adapted community.
Applicant Town of Vail, represented by Paul Cada
Planner: Jonathan Spence
7. A request for the review of a variance from Section 11-7-6 Construction Signs, Vail 15 min.
Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town
Code, to allow for a freestanding sign, located at 2310 Chamonix Road, Parcel B, Vail
Das Schone Filing 1, and setting forth details in regard thereto. (PEC16-0021) - 15
min.
Applicant Town of Vail, represented by George Ruther
Planner: Matt Panfil
8. Approval of Minutes
May 9, 2016 PEC Meeting Results
9. Informational Update
PEC Training - GRFA - Matt Panfil
10. 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
30 min.
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC:
A request for an appeal of an administrative determination pursuant to section 12-3-3, Appeal of
Administrative Actions, concerning Section 12-15-3 Definition, Calculation, and Exclusions,
relating to how gross residential floor area (GRFA) is calculated in relation to basements in the
Hillside Residential (HR), Single-family Residential (SFR), Two-family Residential (R), and Two-
family Primary Secondary Residential (PS) Districts. (TC16-0004)
ATTACHMENTS:
File Name
TC16-0004 Suman Appeal_Memo.pdf
Suman_determi nation_letter. pdf
Suman—GRFA Appeal letter 040716.pdf
Duplex GRFA Example 051716 Update.pdf
Description
Staff Memo Suman GRFAAppeal
Suman GRFA Determination Letter
Suman GRFAAppeal Letter
Suman GRFA Duplex Example
1011 IKIIAT1:11N
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 23, 2016
SUBJECT: A request for an appeal of an administrative determination pursuant to section
12-3-3, Appeal of Administrative Actions, concerning Section 12-15-3 Definition,
Calculation, and Exclusions, relating to how gross residential floor area (GRFA)
is calculated in relation to basements in the Hillside Residential (HR), Single-
family Residential (SFR), Two-family Residential (R), and Two-family Primary
Secondary Residential (PS) Districts. (TC16-0004)
Appellant: Michael Suman
Planner: Chris Neubecker
I. SUBJECT PROPERTY
The appeal is not specific to one property. The Appellant is appealing the Community
Development Department's determination as generally applied.
II. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION
Pursuant to Section 12-3-313-1, Appeal of Administrative Actions; Authority, Vail Town
Code, the Planning and Environmental Commission shall have the authority to hear and
decide appeals from any decision, determination or interpretation by any town
administrative official with respect to the provisions of Title 12 and the standards and
procedures set forth in such Title.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-313-2 Appeal of Administrative Actions; Initiation and 12-3-313-
3 Procedures, Vail Town Code, there are three basic procedural criteria for an appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental
Commission shall have the authority to hear appeals of administrative actions. The
Administrator has determined that the Appellant has standing to file this appeal as an
applicant affected by the Administrator's determination.
B) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Planning and Environmental Commission, May
23, 2016 public hearing was published on May 6, 2016 in the local newspaper pursuant
to Section 12-3-6C, Notice, Vail Town Code.
C) Timeliness of the Notice of Appeal
The Administration section of the Town's Zoning Code (12-3-3B-3, Appeal of
Administrative Actions; Procedures) requires appeals to be filed within twenty (20)
calendar days of the decision becoming final. On April 11, 2016, the Administrator
provided a letter with a determination on the measurement of GRFA and the lowest
level basement exclusion. On April 29, 2016, Michael Suman submitted an appeal of
the Administrator's determination, in accordance with Section 12-3-3, Appeals, Vail
Town Code.
IV. SUMMARY
The question to be answered by the Vail Planning and Environmental Commission
regarding this appeal is:
Were the requirements of the Vail Town Code, specifically Section 12-15-3 Definition,
Calculation and Exclusions, properly applied in the Administrator's determination that a
single, two-family dwelling is one structure, and therefore may have only one lowest
level?
Pursuant to Section 12-3-3B-5, Appeal of Administrative Actions; Findings, Vail Town
Code, the Planning and Environmental Commission shall "make specific findings of fact
based directly on the particular evidence presented to it. These findings of fact must
support conclusions that the standards and conditions imposed by the requirements of
this title have or have not been met."
V. BACKGROUND
The Appellant, Michael Suman, Architect, submitted a preliminary plan to the
Community Development Department for a pre -application review of a development
application, pursuant to Section 12-11-4 A, Preapplication Conference, for review of a
new two-family dwelling at 354 Beaver Dam Road. The site is sloped uphill from the
road, and the proposed structure is designed to step up the hillside, with the dwelling at
the rear of the lot designed higher in elevation than the dwelling near the front of the lot.
On March 10, 2016 the Community Development Department staff met with
Michael Suman and Ric Fields to discuss the preliminary plan for the new two-
family dwelling. During that meeting, staff indicated that the unexposed basement
area on the lowest level of the two-family structure could be excluded from the
calculation of gross residential floor area (GRFA), but that if a single structure
has two basements on different levels, only the unexposed portion of the
Town of Vail Page 2
basement on the lowest level will be excluded. This determination was based on
the two-family dwelling being one structure, with one lowest level.
On March 16, 2016, the Community Development Department met again with Mr.
Suman to discuss the method for determining GRFA on a two-family structure.
The Administrator's determination is attached for reference.
The Appellant contends that the GRFA exclusion of the lowest level should apply to
each side of the duplex, and that failing to exclude the lowest level on each side
provides unequal treatment to each property owner. In his letter dated April 7, 2016, Mr.
Suman argues that the spirit of the code encourages a stepped building design on a
sloped site, and that each individual owner should be allowed the GRFA exclusion that
would be provided on properties without a slope (where each basement is at the same
elevation). (See Attachment B, Appellant's Letter). In essence, the Appellant believes
that each unit is its own structure, and as two structures, should be allowed two "lowest
level" exclusions.
A similar issue was also discussed by the Planning and Environmental Commission in
2011 as part of an appeal (PEC110043), concerning basements and garages. In that
appeal, the Administrator's determination to exclude the floor area of a garage once (not
twice), if located on the lowest level, was upheld by the Planning and Environmental
Commission, with a recommendation that the Vail Town Code be amended to apply the
GRFA exclusion for both the garage and the basement, if each is located on the lowest
level of a structure. Following is a section from a staff memo to the PEC:
"While various basement deduction policies and methodologies were considered
and debated; in 2004, the Town Council chose to implement a proportional
basement deduction based upon a ratio of the exposed versus buried surface
area of a basement's exterior walls. During its July 2004 deliberations, the Town
Council determined how GRFA should be calculated when garages, crawl
spaces, patio/decks, and employee housing units were located on the lowest
(basement) level of a building. The methodology approved by the Town Council
is as described above in this memorandum. garages, attics, crawlspaces,
patio/decks, and employee housing units are deducted first and then the
basement deduction provision is applied to any remaining floor area on the
lowest level. At that time, Staff and the Town Council believed the language of
Ordinance No. 14, Series of 2004, adequately communicated this policy.
The Town Council also considered how the GRFA amendments of Ordinance
No. 14, Series of 2004, would have different effects on up -hill, down -hill, and flat
lots. The Town Council debated a variety of basement deduction options
including an "all or nothing" approach of defining what is or isn't a basement and
a proposal to allow the basement deduction on multiple levels of a structure to
address the differences created by up -hill, down -hill, and flat lots. The majority of
the Town Council ultimately chose to allow the basement deduction only on the
lowest level of the structure." (Emphasis added)
Town of Vail Page 3
In 2011 the Town Council adopted Ordinance 25, Series of 2011 to add language
concerning the total percentage of all exterior wall "surfaces of the structure as a
whole". Please see the adopted changes in Section VI of this memo.
VI. BASIS OF THE DETERMINATION
Pursuant to Section 12-2-2, Definitions, the following terms are defined:
DWELLING, TWO-FAMILY. A detached building containing two (2) dwelling
units, designed for or used as a dwelling exclusively by two (2) families, each
living as an independent housekeeping unit.
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.
Per Section 12-2-2, Definitions, a Two Family Dwelling is a single building.
Per Section 12-2-2, Definitions, a building is a structure.
Pursuant to Section 12-15-3, Definition, Calculation, and Exclusions (in part):
A. Within the hillside residential (HR), single-family residential (SFR), two-family
residential (R), and two-family primary/secondary residential (PS) districts.-
1.
istricts.
1. Gross Residential Floor Area Defined. For residential uses, the total square
footage of all horizontal areas on all levels of a structure, as measured to the
outside face of the sheathing of the exterior walls (i.e., not including exterior wall
finishes). Floor area shall include, but not be limited to, elevator shafts and
stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents
and chases, storage areas, and other similar areas. Garages, attics, vaulted or
open to below spaces, basements, crawl spaces, and roofed or covered decks,
porches, terraces, or patios shall be included as floor area; except the horizontal
areas of a structure as set forth herein shall then be deducted from the
calculation of GRFA.
a. GRFA shall be calculated by measuring the total square footage of a building
as set forth in the definition above. Excluded areas as set forth herein, shall then
each be deducted from the total square footage.
(6) Basements. On the lowest level of a structure, the total percentage of all
exterior wall surfaces of the structure as a whole (interior party walls are not
considered exterior walls for the purposes of this section) that are
unexposed and below existing or finished grade, whichever is more restrictive,
shall be the percentage of the horizontal area of the lowest level deducted from
Town of Vail Page 4
the GRFA calculations. The percentage deduction calculations shall be rounded
to nearest whole percent. The lowest level exterior wall surface area shall be
measured from the finished floor elevation of that level to the underside of the
structural floor members of the floor/ceiling assembly above. For the purposes of
these calculations, retaining walls and site walls shall not be considered part of
the lowest level exterior walls. The deduction shall be applied to all horizontal
areas on the lowest level of a structure, including garages and employee
housing units also deducted from the calculation of GRFA elsewhere in
this title; but the deduction does not apply to any crawl space or attic.
(Emphasis added)
The above text highlighted in bold was added to the code via Ordinance 25, Series of
2011. As mentioned in paragraph (6) Basements, "lowest" is in the superlative. As a
result, there can be but one "lowest level of a structure". Further, the total percentage of
all exterior wall surfaces is based on "the structure as a whole".
Additionally, Section 14-10-6: Residential Development, states the following:
A. The purpose of this section is to ensure that residential development be
designed in a manner that creates an architecturally integrated structure with
unified site development. Dwelling units and garages shall be designed within
a single structure, except as set forth in subsection B of this section, with the
use of unified architectural and landscape design.
This section of the code clearly indicates the intent of the Development Standards is
that residential development be designed to create one structure, whether that structure
is a single family dwelling or a duplex.
13-8-1. APPROVAL AND SUBMITTAL REQUIREMENTS.-
B.
EQUIREMENTS.
B. Submittal Requirements.-
1.
equirements.
1. Site Map, Statement: Two (2) Mylar copies of the duplex subdivision plat shall
be submitted to the department of community development. The plat must
contain the following statement:
For zoning purposes, the two lots created by this subdivision are to be treated as
one entity with no more than one two-family residence allowed on the combined
area of the two lots.
This language is required on all duplex subdivision plats to notify owners of the lots that
the two lots are combined for purposes of development standards, including GRFA,
setbacks, site coverage, and landscaping.
Town of Vail Page 5
VII. POTENTIAL OUTCOMES
The Planning and Environmental Commission is being asked to determine if the
Community Development Department properly applied the adopted Vail Town Code
concerning the calculation of gross residential floor area (GRFA). In making its
determination, the PEC may make any of the following determinations:
1. The Community Development Department made the proper determination of the
Vail Town Code, and the code should remain as written.
2. The Community Development Department made the proper determination of the
Vail Town Code, but the code should be modified to more clearly identify that a
two-family dwelling shall be considered a single structure for the purposes of
calculating GRFA, and that the GRFA exclusion applies only to the lowest level
of a two-family structure, even if basements are constructed on different finished
floor elevations.
3. The Community Development Department made the proper determination of the
Vail Town Code, but the code should be changed to allow basement GRFA
exclusions on more than one level of a two-family structure, if basements are
constructed on different finished floor elevations.
4. The Community Development Department made an incorrect determination of
the Vail Town Code, and the code should remain as written.
5. The Community Development Department made an incorrect determination of
the Vail Town Code, and the code should be modified to more clearly identify that
a two-family dwelling shall be considered two structures for the purposes of
calculating GRFA.
VIII. REQUIRED ACTION
Pursuant to Section 12-3-313-5, Appeals, Vail Town Code, the Planning and
Environmental Commission shall "make specific findings of fact based directly on the
particular evidence presented to it. These findings of fact must support conclusions that
the standards and conditions imposed by the requirements of this title have or have not
been met."
Should the Vail Planning and Environmental Commission choose to uphold the
determination of the Community Development Department Administrator, the following
motion is recommended:
"The Planning and Environmental Commission hereby finds that the Community
Development Department properly applied the Vail Town Code in its
determination that Section 12-15-3 Vail Town Code concerning basements
applies to only the lowest level of a structure, and that a single two-family
Town of Vail Page 6
residential dwelling is one structure, and therefore may have only one lowest
level."
Should the Town Council choose to modify the decision of the Community Development
Department Administrator, the following motion is recommended:
"The Planning and Environmental Commission hereby finds as follows.-
The
ollows.
The Vail Town Code was not properly applied in regard to the Community
Development Department's determination that Section 12-15-3 Vail Town Code
concerning basements applies to only the lowest level of a structure, and that a
single two-family residential dwelling is one structure, and therefore may have
only one lowest level. The Planning and Environmental Commission further finds
that as currently written, Section 12-15-3 Vail Town Code concerning basements
applies to the lowest levels of each dwelling unit of a two-family residential
dwelling structure, that in a two-family residential dwelling each dwelling shall be
considered a separate structure and therefore may have more than one lowest
level if basements are constructed in each structure on different finished floor
elevations. "
X. ATTACHMENTS
A. Administrator's Determination Letter dated April 11, 2016
B. Appellant's Letter dated April 7, 2016
C. Lowest Level GRFA Exclusion — Sample Graphic
Town of Vail Page 7
WIT411i1I1
K!
VAIL
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
April 11, 2016
Mr. Michael Suman
Suman Architects
141 East Meadow Drive, Suite 211
Vail, Colorado 81657
Michael(a)-sumanarchitects.com
Attachment A
Community Development Department
970.479.2138
970.479.2452 fax
Re: Staff Determination of Section 12-15-3 Definition, Calculation, and Exclusions,
Subsection A (1) (a) (6) Basements, of the Vail Town Code.
Dear Michael,
The purpose of this letter is to provide you with a written determination of how gross
residential floor area is to be calculated in relation to basements in the Hillside
Residential (HR), Single-family Residential (SFR), Two-family Residential (R), and Two-
family, Primary Secondary Residential (PS) Districts.
Background
According to Section 12-15-3 Definition, Calculation, and Exclusions, (A) (1), of Title 12
of the Vail Town Code:
Gross Residential Floor Area Defined:
For residential uses, the total square footage of all horizontal areas on all levels of a
structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not
including exterior wall finishes). Floor area shall include, but not be limited to, elevator
shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces,
vents and chases, storage areas, and other similar areas. Garages, attics, vaulted or
open to below spaces, basements, crawl spaces, and roofed or covered decks,
porches, terraces, or patios shall be included as floor area, except the horizontal areas
of a structure as set forth herein shall then be deducted from the calculation of GRFA.
Further, Subsection 12-15-3 (A) (1) (a) (6) Basements states:
Basements. On the lowest level of a structure, the total percentage of all exterior wall
surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The percentage deduction
calculations shall be rounded to nearest whole percent. The lowest level exterior wall
surface area shall be measured from the finished floor elevation of that level to the
underside of the structural floor members of the floor/ceiling assembly above. For the
purposes of these calculations, retaining walls and site walls shall not be considered
part of the lowest level exterior walls. The deduction shall be applied to all horizontal
areas on the lowest level of a structure, including garages and employee housing units
also deducted from the calculation of GRFA elsewhere in this title, but the deduction
does not apply to any crawl space or attic.
Pursuant to Section 12-2-2, Definitions, the following terms are defined:
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units,
designed for or used as a dwelling exclusively by two (2) families, each living as an
independent housekeeping unit.
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.
Additionally, Section 14-10-6: Residential Development, states the following:
A. The purpose of this section is to ensure that residential development be designed in
a manner that creates an architecturally integrated structure with unified site
development. Dwelling units and garages shall be designed within a single structure,
except as set forth in subsection 8 of this section, with the use of unified architectural
and landscape design.
Staff Determination
The Community Development Department hereby determines the following:
Total gross residential floor area shall be calculated by measuring the total square
footage of the building as set forth in Subsection 12-15-3 (A) (1) (a) (6), Title 12 of the
Vail Town Code. Excluded areas as set forth in Title 12 of the Vail Town Code, shall
then be deducted from the total square footage. More specifically, as it pertains to
basements, on the lowest level of a structure, the total percentage of all exterior wall
surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The percentage deduction
calculations shall be rounded to nearest whole percent. The lowest level exterior wall
surface area shall be measured from the finished floor elevation of that level to the
underside of the structural floor members of the floor/ceiling assembly above. For the
purposes of these calculations, retaining walls and site walls shall not be considered
Town of Vail Page 2
part of the lowest level exterior walls. The deduction shall be applied to all horizontal
areas on the lowest level of a structure, including garages and employee housing units
also deducted from the calculation of GRFA elsewhere in this title; but the deduction
does not apply to any crawl space or attic.
A two-family dwelling is a single structure for the purposes of calculating total gross
residential floor area. As a single structure it can have only one lowest level. For the
purposes of determining the basement area which may be deducted from the total gross
residential area calculation only the lowest level of the structure may be considered.
This Staff Determination is based upon the following facts:
1. Per Section 12-2-2, Definitions, a Two Family Dwelling is a single building.
2. Per Section 12-2-2, Definitions, a building is a structure.
3. Section 12-15-3: Definitions, Calculations and Exclusions provides the procedure
for determining how Gross Residential Floor Area is to be determined.
4. Per Section 12-15-3, basement deductions apply to the lowest level of a
structure.
5. Per the construct of the descriptor "lowest" in the superlative, there can be but
one lowest level of a structure.
6. Per Section 12 -15 -3 -A -1-a-(6), "interior party walls are not considered exterior
walls for the purposes of this section", which provides further evidence that a
two-family dwelling is considered a singular building for purposes of measuring
GRFA.
As always, should you have any questions or concerns with regard to the information
contained in this letter please do not hesitate to call or write. I can be reached most
easily by telephone at (970) 376-2675 or by email at gruther(aD-vailgov.com
Sincerely,
George Ruther, AICP
Director of Community Development
Town of Vail
Town of Vail Page 3
Attachment B
SUMAN
A R C H I T E C T S
April 7, 2016
George Ruther
Town Of Vail Community Development Department
75 South Frontage Road
Vail, Colorado 81657
Re: 354 Beaver Dam GRFA Calculations
Town of Vail Code Chapter 15
Dear Mr. Ruther:
Thank you for your time reviewing and discussing our proposed duplex design for 354 Beaver Dam
Road.
As you are aware, we have calculated Gross Residential Floor Area (GRFA) for the two units
independently including separate basement deductions for the lower level of each unit structure
per section 12-15-3 of the Town of Vail Code. Given the sloping nature of the property, the lower
level elevations of the two units are separated approximately 12'-0" in height. This allows the duplex
design to most sensitively fit the site by avoiding unnecessary retaining and tree removal.
The method of calculating separate basement GRFA deductions for vertically separated duplex
units is based on approved historical precedents in Vail that fell under the current code; had similar
site characteristics; and incorporated vertically stepping duplex designs. 760 Potato Patch and 965
Fairway Drive are two such approved precedents.
In the spirit of the Town of Vail code, a stepping building design on a sloped site helps protect the
natural character of our neighborhoods. Not only is such a design approach supported by the
Code, but those individual owners should be provided basement GRFA deductions equal to those
properties without slope. Calculating basement GRFA deductions separately for each unit structure
regardless of lower elevations, ensures equal treatment for all individuals on all properties.
Additional reasons for continuing to allow separate basement GRFA deductions for the lower level
of individual units in duplexes are:
1. By definition an individual UNIT is a STRUCTURE
2. Duplex properties with approved Separation Requests, without exception, have separate
basement deductions for individual units on the same property.
3. The staff has been consistently allowing lower levels of duplex units with up to 6'-0" of vertical
separation to individually receive basement GRFA deductions. This specific height limitation
does not exist in the Town of Vail Code and therefore should be abandoned for a limitless
height separation between lower levels.
4. Changing the allowed basement GRFA deduction for this property will result in unfair and
unequal treatment from the precedents already set.
michael sumanarchitects.com
141 East Meadow Drive o 970.479.7502
Suite 211 f 970.479.6666
Vail, CO 81657 m 970.471.6122
SUMAN
A R C H I T E C T S
5. It is common to have two different owners on Two Family properties. Providing each unit with
equal opportunity for basement deductions prevents a bias for quality square footage to
apply to one unit versus the other based on location in the slope of a site.
6. Promotes the most site sensitive approach to our sloping sites. The alternative is to flatten the
lowest level of the entire Two Family residence to afford GRFA by right while creating
unnecessary retaining and tree removal.
7. The percentage of sites this potentially applies to is small in the large pool of Town of Vail
properties.
8. The record of precedents set over the last 11 years illustrates how the objective of the code
has been met while allowing equitable site sensitive design.
9. Because it doesn't give advantage to one unit versus the other, future conflicts between
duplex residents will be avoided.
10. The basement deduction can't be fairly shared between two units if calculations are based
on the lower level of one unit
11. Basement GRFA deductions focus on buried square footage that has no impact on the
bulk/mass of the design.
On behalf of the 354 Beaver Dam property owners, we request the presented design and GRFA
calculations attached (including basement GRFA deductions for each unit) be approved by the
staff so that we can move forward with Town of Vail Design Review submittals.
Sincerely,
Michael Suman AIA
michael sumauarchitects.com
141 East Meadow Drive o 970.479.7502
Suite 211 f 970.479.6666
Vail, CO 81657 m 970.471.6122
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TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC: A request for the review of a conditional use permit, pursuant to Section 12-7B-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with
the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio,
located at 298 Hanson Ranch Road (Vista Bahn Building)/Lots C, Block 2, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC16-0019)
ATTACHMENTS:
File Name Description
PEC16-0019_Staff Report.pdf PEC16-0019 Staff Memorandum
PEC16-0019 Attachments.pdf PEC16-0019 Attachments to Staff Memorandum
0. )rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 23, 2016
SUBJECT: A request for the review of a Conditional Use Permit, pursuant to Section 12-
7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town
Code, in accordance with the provisions of Chapter 12-16, Conditional Uses,
Vail Town Code, to allow for an outdoor patio, located at 298 Hanson Ranch
Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC16-0019)
Applicant: Remonov & Co, represented by TAB Associates
Planner: Jonathan Spence
SUMMARY
The applicant, Remonov & Co, represented by TAB Associates, has requested the
review of a Conditional Use Permit, pursuant to Section 12-7B-3, Permitted and
Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the
provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor
patio. The Vail Town Code refers to outdoor dining/seating as "Outdoor Patio" in
reference to permitted and conditional uses in the Commercial Core 1 (CC1) Zone
District.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of this application subject to the findings noted
in Section VIII of this memorandum.
II. REQUEST
The applicant is proposing an outdoor patio for outdoor dining for the 2nd floor restaurant
space. Because of the proximity of the property line in relation to the building, the patio
will be located entirely within the Town of Vail right -of -way. The outdoor seating area is
140 square feet in size and will accommodate two "4 -top" tables or about 8 guests. The
applicant is not proposing amplified music or additional lighting. The outdoor patio will
also provide a queuing location for the proposed food service window. The final design
for the railing and street furniture will be reviewed subsequent to the Conditional Use
request by the Design Review Board (DRB).
The location of the proposed outdoor patio has been reviewed and approved by the
Department of Public Works and the Fire Department. Because of the ample right-of-
way in this location, it is not anticipated that the patio will adversely affect provisions for
emergency services or impede pedestrian activity. The applicant is proposing a barrier
system (fence) similar to that found at the Mountain Standard Restaurant with set -in-
place sleeves that prevent the barriers from repositioning, resulting in no further
encroachment into town property. No changes to the existing paver surface are
proposed.
A vicinity map (Attachment A), site photos (Attachment B), site plan (Attachment C), and
the draft conditional use permit, (Attachment D) are attached for review.
III. BACKGROUND
The Vista Bahn Building was constructed in 1997 and includes retail, restaurant and
residential uses. According to the Official Zoning Map of the Town of Vail, the Vista
Bahn Building parcel is located within the Commercial Core 1 (CC1) District. As such,
the development and operation of outdoor patios are regulated by the provisions of the
CC -1 District. Pursuant to the provisions of the CC1 District, the development and
operation of outdoor patios require the approval and issuance of a Conditional Use
Permit.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes the following provisions of the Vail Land Use Plan, the Vail Village Master
Plan and the Vail Town Code are relevant to the review of this proposal:
Title 12 Zoning Regulations
Section 12-78 Commercial Core 1 (CCI) District (in part)
12-78-1: PURPOSE. The Commercial Core 1 District is intended to provide sites and to
maintain the unique character of the Vail Village commercial area, with its mixture of
lodges and commercial establishments in a predominantly pedestrian environment. The
Commercial Core 1 District is intended to ensure adequate light, air, open space, and
other amenities appropriate to the permitted types of buildings and uses. The District
regulations in accordance with the Vail Village Urban Design Guide Plan and Design
Considerations prescribe site development standards that are intended to ensure the
maintenance and preservation of the tightly clustered arrangements of buildings fronting
on pedestrianways and public greenways, and to ensure continuation of the building
scale and architectural qualities that distinguish the Village.
12-78-7. EXTERIOR ALTERATIONS OR MODIFICATIONS:
Town of Vail Page 2
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).
12-7B-20. VAIL VILLAGE URBAN DESIGN PLAN.-
A.
LAN.
A. Adoption. The Vail Village Urban Design Guide Plan and Design
Considerations are adopted for the purposes of maintaining and preserving the
character and vitality of the Vail Village (CCI) and to guide the future alteration,
change and improvement in CC 1 district. Copies of the Vail Village design guide
plan and design considerations shall be on file in the department of community
development.
Vail Land Use Plan (in part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to
reflect a general consensus once the public had had the opportunity to reflect on the
concepts and ideas initially presented. The goal statements were then revised through
the review process with the Task Force, the Planning and Environmental Commission
and Town Council and now represent policy guidelines in the review process for new
development proposals. These goal statements should be used in conjunction with the
adopted Land Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows.
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor
and the permanent resident.
1.2. The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Town of Vail Page 3
Urban Design Guide Plan.
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
4. Village Core/ Lionshead
4.1. Future commercial development should continue to occur primarily in existing
commercial areas. Future commercial development in the Core areas needs to
be carefully controlled to facilitate access and delivery.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
Vail Village Master Plan (in part)
The Vail Village Master Plan is based on the premise that the Village can be planned
and designed as a whole. The Vail Village Master Plan is intended to be consistent with
the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores
the importance of the relationship between the built environment and public spaces.
Furthermore, the Master Plan provides a clearly stated set of goals and objectives
outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements. While there is a
certain amount of overlap between these six goals, each focuses on a particular aspect
of the Village and the community as a whole. A series of objectives outline specific
steps that can be taken toward achieving each stated goal. Policy statements have
been developed to guide the Town's decision-making in achieving each of the stated
objectives.
The applicable stated goals, objectives and action steps of the Vail Village Master Plan
are as follows.-
GOAL
ollows.
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT
WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN
ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY.
Objective 1.2. Encourage the upgrading and redevelopment of residential and
commercial facilities.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR
THE COMMUNITY ASA WHOLE.
Town of Vail Page 4
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.
Objective 2.2. Recognize the importance of Vail Village as a mixed use center of
activities for our guests, visitors and residents.
Policy 2.2.1. The design criteria in the Vail Village Urban Design Guide
Plan shall be the primary guiding document to preserve the existing
architectural scale and character of the core area of Vail Village.
Objective 2.4. Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
Policy 2.4.2. Activity that provides night life and evening entertainment for
both the guest and the community shall be encouraged.
Objective 2.5. Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serve the needs of our
guests.
GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF
THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE
Policy 3.1.1. Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and
seating areas), along adjacent pedestrian ways.
Objective 3.3. Encourage a wide variety of activities, events, and street life along
pedestrian ways and plazas.
Policy 3.3.2. Outdoor dining is an important streetscape feature and shall
be encouraged in commercial infill or redevelopment projects.
V. SITE ANALYSIS
Zoning:
Land Use Plan Designation
Current Land Use:
Town of Vail
Commercial Core 1 District
Village Master Plan
Mixed Use
Page 5
VI.
SURROUNDING LAND USES AND ZONING
Land Use Desianation
North: Village Master Plan
South: Village Master Plan
East: Village Master Plan
West: Village Master Plan
VII. REVIEW CRITERIA
Zonina District
Commercial Core 1 District
Agriculture and Open Space District
Commercial Core 1 District
Commercial Core 1 District
Before acting on a Conditional Use Permit or Development Plan application, the
Planning and Environmental Commission shall consider the following factors with
respect to the proposed use:
Relationship and impact of the use on the development objectives of the
Town.
Staff Analysis: The proposed outdoor patio will provide liveliness through outdoor
dining; an identified development objective of the Town intended to increase activity in
the commercial cores. The proposed outdoor patio will provide an enhancement to the
public space that adds energy and vitality to the streetscape, consistent with
Development Objective 3.3, cited above in Section III of this report.
Staff finds this criterion to be met.
2. The effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation facilities, and
other public facilities needs.
Staff Analysis: The proposed outdoor patio will have no negative effects on light and
air, distribution of population, transportation facilities, utilities and schools.
Staff finds this criterion to be met.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff Analysis: The at -grade 12' by 12' outdoor patio will have an effect on the Hanson
Ranch Road right-of-way which is fifty feet in width at this location. The existence of
the Seibert Circle Fountain does further constrain this area, however the proposed
design maintains ample space, in excess of 30', within the existing platted right-of-way
for emergency vehicles, pedestrians, bicyclists and other users. Further, the use of a
railing set in sleeves in the pavers will allow for a consistent buffer. These sleeves will
ensure that the proposed location of the railing and outdoor dining area will not be
Town of Vail
Page 6
altered, and will have no effect on the usability of the adjacent public space. This
application has been reviewed and approved by the Department of Public Works and
the Fire Department.
Staff finds this criterion to be met.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff Analysis: Staff finds the proposed outdoor patio will have a positive effect upon
the character of the area, furthering the outdoor dining culture that has been
established within Vail Village. The outdoor patio will add liveliness, activity and
interest in the area. The proposal includes a decorative railing design and seasonal
plantings that will add visual interest. The scale and bulk of the proposed patios are
minimal and will not negatively impact the surrounding area.
Staff finds this criterion to be met.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Analysis: An environmental impact report is not required by Chapter 12-12, Vail
Town Code; therefore, this criterion is not applicable.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission approve, with conditions, a Conditional Use Permit,
pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street
Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional
Uses, Vail Town Code, to allow for an outdoor patio, located at 298 Hanson Ranch
Road (Vista Bahn Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth details
in regard thereto.
Staff's recommendation is based upon the review of the criteria described in Section VI
of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve, with
conditions, this request, the Community Development Department recommends the
Commission pass the following motion:
Town of Vail Page 7
"The Planning and Environmental Commission approves, with conditions, a Conditional
Use Permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or
Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16,
Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 298 Hanson
Ranch Road (Vista Bahn Building)/Lots C, Block 2, Vail Village Filing 1, and setting forth
details in regard thereto with the following conditions.-
1.
onditions.
1. This Conditional Use Permit approval is contingent upon the applicant obtaining
Town of Vail approval of an associated design review application(s) prior to
September 1, 2016.
2. The applicant shall enter into a lease agreement with the Town of Vail for the
area encompassed by the outdoor patio associated with this establishment for
the portion of the patio that encroaches into the Hanson Ranch Road right-of-
way, prior to commencing the construction or use of the outdoor patio.
3. The applicant shall operate the outdoor patio in a manner consistent with the
approved site plan dated 04/15/2016.
Should the Planning and Environmental Commission choose to approve these
Conditional Use Permits requests, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Sections Vll of the Staff
memorandum to the Planning and Environmental Commission dated May 23, 2016,
and the evidence and testimony presented, the Planning and Environmental
Commission finds.-
1.
inds.
1. The Conditional Use Permit is in accordance with the purposes of the Zoning
Regulations and the CCI District;
2. The proposed Conditional Use Permits and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in the vicinity; and,
2. The proposed Conditional Use Permit complies with the applicable provisions of
Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Site Photos
C. Site Plan, 04/15/2016
D. Draft Conditional Use Permit
Town of Vail Page 8
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TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC:
A request for the review of a variance from Section 12-7B-15 Site Coverage, Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a
variance to the maximum allowable site coverage of 80% to facilitate a six (6) square foot
addition, located at 298 Hanson Ranch Road (Vista Bahn Building)/Lots C, Block 2, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC16-0017)
And
A request for review of a Minor Exterior Alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for six (6) square feet of additional floor
area for a concessions window, located at 298 Hanson Ranch Road (Vista Bahn Building)/Lots C,
Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0018)
ATTACHMENTS:
File Name Description
PEC16-0018_Staff Memorandum.pdf PEC16-0017 and PEC16-0018 Staff Memorandum
PEC16-0018 Attachments.pdf PEC16-0017 and PEC16-0018 Attachments to Staff
Memorandum
ki
�I
TOWN OF VAIL
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: May 23, 2016
Subject: A request for the review of a variance from Section 12-713-15 Site Coverage, Vail
Town Code, in accordance with the provisions of Section 12-17-1, Variances,
Vail Town Code, to allow for a variance to the maximum allowable site coverage
of 80% to facilitate a six (6) square foot addition, located at 298 Hanson Ranch
Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC16-0017)
And
A request for review of a Minor Exterior Alteration, pursuant to Section 12-713-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for six (6) square
feet of additional floor area for a concessions window, located at 298 Hanson
Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC16-0018)
Applicant: Remonov & Co, represented by TAB Associates
Planner: Jonathan Spence
I. SUMMARY
The applicant, Remonov & Co, represented by TAB Associates, is requesting the review
of a variance from Section 12-713-15 Site Coverage, Vail Town Code, in accordance
with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a
variance to the maximum allowable site coverage of 80% to facilitate a six (6) square
foot addition, located at 298 Hanson Ranch Road (Vista Bahn Building). In conjunction
with this request, the applicant is also requesting the review of a Minor Exterior
Alteration, pursuant to Section 12-713-7, Exterior Alterations or Modifications, Vail Town
Code, to allow for six (6) square feet of additional floor area for a concessions window,
also located at 298 Hanson Ranch Road.
Based upon Staff's review of the criteria outlined in Sections VII and VIII of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends approval, with conditions, of these two (2) applications
subject to the findings noted in Section IX of this memorandum.
II. DESCRIPTION OF REQUEST
The owner of the Vista Bahn Building, located at 298 Hanson Ranch Road, has
requested the review of a site coverage variance and a minor exterior alteration to
facilitate a six (6) square foot addition for a food concessions window. The project
involves the movement of an existing wall plane six (6) inches to the south, under the
existing roof eave, to increase by six �6) square feet the area behind the wall plane. This
expanded area will be used by the 2n floor restaurant for grab and go style food service
through a sliding window. All proposed building finishes will match existing conditions.
The project includes a relocation of the existing landscape planter from its current
location approximately five (5) feet to the east to allow pedestrian access to the
concessions window.
The applicant is requesting a variance from the maximum allowable site coverage in the
Commercial Core 1 zone district of 80%. The existing Vista Bahn building site coverage
of 85%, approved through a variance application in 1998, currently exceeds the
allowable site coverage. The proposed building addition and related increase in site
coverage of six (6) square feet increases the properties site coverage to 85.13%.
All projects that include any increase in enclosed floor area are subject to review by the
Planning and Environmental Commission (PEC) as an Exterior Alteration or
Modification.
A vicinity map (Attachment A), site photos (Attachment B), applicant's narrative
(Attachment C), and the proposed site and architectural plans, (Attachment D) are
attached for review.
III. BACKGROUND:
According to the Eagle County Assessor's Office, the Vista Bahn Building was
constructed in 1997 and provides for retail, restaurant and residential uses. Town files
indicate a variety of applications have been presented before the PEC and the Design
Review Board (DRB) for improvements such as an approved site coverage variance for
a new building entry in 1998 and a denial of a variance for additional GRFA in 1999.
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.
IV. APPLICABLE PLANNING DOCUMENTS:
Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, Vail
Village Master Plan and the Vail Village Urban Design Guide Plan are relevant to the
review of this proposal:
Town of Vail Page 2
Title 12 — Zoning Regulations, Vail Town Code
Section 12-78 Commercial Core 1 (CCI) District (in part)
12-78-1: PURPOSE.-
The
URPOSE.
The commercial core 1 district is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and
commercial establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open space, and
other amenities appropriate to the permitted types of buildings and uses. The zoning
regulations in accordance with the Vail Village urban design guide plan and design
considerations prescribe site development standards that are intended to ensure the
maintenance and preservation of the tightly clustered arrangements of buildings
fronting on pedestrianways and public greenways, and to ensure continuation of the
building scale and architectural qualities that distinguish the village.
12-78-7. EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Subject To Review. The construction of a new building, the alteration of an
existing building which adds or removes any enclosed floor area, the alteration
of an existing building which modifies exterior rooflines, the replacement of an
existing building, the addition of a new outdoor dining deck or the modification of
an existing outdoor dining deck shall be subject to review by the planning and
environmental commission (PEC).
CHAPTER 12-17. VARIANCES (in part)
12-17-1. Purpose., 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.
VAIL LAND USE PLAN
CHAPTER 11— LAND USE PLAN GOALS / POLICIES:
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
Town of Vail Page 3
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth/ Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the Urban
Design Guide Plan.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4. Village Core/ Lionshead
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
VAIL VILLAGE MASTER PLAN
The Vail Village Master Plan identifies the purpose of the plan as follows:
"This Plan is based on the premise that the Village can be planned and designed
as a whole. It is intended to guide the Town in developing land use laws and
policies for coordinating development by the public and private sectors in Vail
Village and in implementing community goals for public improvements. It is
intended to result in ordinances and policies that will preserve and improve the
unified and attractive appearance of Vail Village. This Plan emphasizes the
critical need to balance and coordinate parking and transportation systems with
future improvements to Vail Mountain that will increase the "in and out of Valley"
lift capacity. Most importantly, this Master Plan shall serve as a guide to the
staff, review boards, and Town Council in analyzing future proposals for
development in Vail Village and in legislating effective ordinances to deal with
such development. Furthermore, the Master Plan provides valuable information
Town of Vail Page 4
for a wide variety of people and interests. For the citizens and guests of Vail, the
Master Plan provides a clearly stated set of goals and objectives outlining how
the Village will grow in the future."
The Vail Village Master Plan established six goals containing objectives, policies and
action steps. The following goals, objectives and policies are applicable to this major
exterior alteration proposal.
"GOAL #1 ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE
PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN
ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY.
Objective 1.1: Implement a consistent development review process to reinforce the
character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village
shall be consistent with the goals, objectives, policies and design considerations
as outlined in the Vail Village Master Plan and Urban Design Guide Plan.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.4: Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and
other similar features shall be taken into consideration in the development review
process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
Policy 1.4.3: Identification of "historic" importance shall not be used as the sole
means of preventing or prohibiting development in Vail Village.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND
FOR THE COMMUNITY ASA WHOLE.
Town of Vail Page 5
Obiective 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.
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 PRIORITY 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 Vista Bahn 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
Town of Vail Page 7
V
continue to be used in conjunction with the goals and design criteria outlined in
the Vail Village Master Plan. Infill and redevelopment proposals shall be
reviewed for compliance with the design criteria, goals, objectives and policies
established in these respective plans."
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
298 Hanson Ranch Road
Lot C, Block 2, Vail Village Filing 1
Commercial Core 1
Vail Village Master Plan
Mixed -Use
None
Development
Allowed/Required
Existing
Proposed
Change
Standard
Lot/Site Area
5,000 sq. ft.
4,646 sq. ft.
4,646 sq. ft.
No
buildable
Change
Setbacks
No setbacks required by the
No
Vail Urban Design Guide Plan
Change
60% at 33 ft. or
60% at 33
60% at 33 ft.
Building
less
ft. or less
or less
No
Height
40% at 33 ft. to
40% at 33
40% at 33 ft.
Change
43 ft
ft. to 43 ft
to 43 ft
Density
25 DUs / acre of
1 unit
No new units
No
buildable
Change
Gross
Residential
°
3,716. (80 /°)
3,507 sq. ft.
No new
No
Floor Area
(75%)
GRFA
Change
(GRFA)
Site
3,716 sq. ft. (80%)
3,949 sq. ft.
3,955 sq. ft.
+6 sq. ft.
Coverage
(g5%)
(85.13%)
(0.13%)
Landscaping
No reduction in landscape area
Landscape
No net
allowed
reconfigured
change
VI. SURROUNDING LAND USE AND ZONING
Existing Use
North: Red Lion (Mixed Use)
South: Open Space
East: Open Space Town -
Owned Streamtract
West: Bridge Street Lodge (Mixed-use)
Town of Vail
Zoning District
Commercial Core 1
Agricultural and Open Space
Outdoor Recreation
Commercial Core 1
Page 8
VII. REVIEW CRITERIA VARIANCE
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The subject property is a mixed use building located within the urban fabric of Vail
Village. The proposed increase in site coverage of 0.13% is negligible and as such
Staff believes this proposal will not negatively affect the other existing or potential
uses and structures in the vicinity in comparison to existing conditions. The proposal
maintains the character of the building and the quantity of landscape area and
advances the objectives of the Urban Design Guide Plan through increased activity
and livelihood along the street.
Therefore, Staff believes the proposed variance conforms to this 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.
Many properties in the vicinity of the Vista Bahn Building exceed the allowable site
coverage of 80% including the Red Lion Building (83%), Bridge Street Lodge (92%)
and the Slifer Building (94%). The proposed site coverage increase of six (6) square
feet or 0.13% will not result in a grant of special privilege. The proposed variance will
have no negative shading on either neighboring properties or the Town -owned
ROW.
Staff finds that this criterion is met.
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 proposed variance will not alter population; will not increase the required
number of parking spaces; will not affect any existing transportation or traffic
facilities, public facilities, or utilities; and will not affect public safety in comparison to
existing conditions.
Therefore, Staff believes the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Town of Vail Page 9
VIII. REVIEW CRITERIA EXTERIOR ALTERATION
It shall be the burden of the applicant to prove by a preponderance of the evidence
before the PEC that:
The proposed exterior alteration is in compliance with the purposes of the
CC1 district as specified in section 12-713-1, Vail Town Code; and,
Staff finds the proposed exterior alteration is in compliance with the purpose of the
CC1 District as the proposal will, "maintain the unique character of Vail Village." The
proposed exterior alteration is consistent in appearance to the existing structure and
the appearance of the relocated storefront will largely remain the same.
As there is an increase in commercial square footage, the project is subject to the
requirements of Commercial Linkage. Specifically, the project would be required to
mitigate the housing associated with the generation of employees related to the
increase in square footage. The chart below illustrates this requirement:
Commercial Linkage (12-23, Vail Town Code)
New Net Square Feet 6 square feet
Restaurant Use generates 6.75 employees / 1,000 square feet
New Employees Generated
H&
of new employees
Mitigation Rate 20% generated
new
Required Mitigation 0.0078 employees
Fee in Lieu Requirement
0.0078 employees X $74,481=$580.95
The fee in lieu schedule is subject to change annually. The required payment is
calculated at the time of building permit submittal and may be different that the
number above. Affecting the required payment will be the Fee in Lieu Schedule and
the actual net new square footage proposed at time of building permit submittal.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
Town of Vail Page 10
2. The proposal is consistent with applicable elements of the Vail Village Master
Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive
Plan; and,
Staff finds that the application is consistent with the Vail Comprehensive Plan, which
includes the Vail Village Master Plan and the Town of Vail Streetscape Master Plan,
because the proposal is an upgrade to an existing mixed-use structure. The intent
of Objective 1.2 with the Vail Village Master Plan is to, "encourage the upgrading
and redevelopment of residential and commercial facilities."
Therefore, staff finds the proposed exterior alteration meets this review criterion.
3. The proposal does not otherwise negatively alter the character of the
neighborhood; and,
The proposal is intended to blend into the existing structure and all materials,
finishes, and colors will match existing conditions and not negatively alter the
character of the neighborhood.
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.
Among the general design considerations established within the plan, active and
transparent pedestrian storefronts are encouraged. The modifications to the Vista
Bahn window will help maintain a ground -level storefront presence.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
IX. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from the maximum site coverage of 80% and a request for review of an
exterior alteration, pursuant to Section 12-7B-7 Exterior Alterations or Modifications, Vail
Town Code„ to allow for six (6) square feet of additional floor area for a concessions
window, located at 298 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail
Village Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this variance
and minor exterior alteration request, the Community Development Department
recommends the Commission pass the following motions:
Town of Vail Page 11
"The Planning and Environmental Commission approves the applicant's request
of a variance from Section 12-7B-15 Site Coverage, Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code,
to allow for a variance to the maximum allowable site coverage of 80% to
facilitate a six (6) square foot addition, located at 298 Hanson Ranch Road (Vista
Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and setting forth details in
regard thereto."
And
"The Planning and Environmental Commission approves, with conditions, the
applicant's request of a Minor Exterior Alteration, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for six (6) square
feet of additional floor area for a concessions window, located at 298 Hanson
Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and
setting forth details in regard thereto.
Conditions.-
Approval
onditions.
Approval of this minor exterior alteration request is contingent upon the
applicant obtaining Town of Vail approval of an associated design review
application.
2. The proposed concessions window shall only operate in conjunction with
the approved outdoor patio. The window shall not operate without the
outdoor patio and the patio fencing shall be in place at all times the
concessions window is open to the public.
3. The applicant shall be required to meet the Commercial Linkage
obligations at time of building permit issuance.
Should the Planning and Environmental Commission choose to approve this variance
and minor exterior alteration request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon a review of Sections VI and Vll of the May 23, 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, and
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan, and
Town of Vail Page 12
3. That the proposal does not otherwise negatively alter the character of the
neighborhood.
4. 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.
5. 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.
6. That the variance is warranted for one or more of 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. 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.
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.
X. ATTACHMENTS
A. Vicinity Map
B. Site Photos
C. Written Request dated April 13, 2016
D. Proposed Plans including Building Elevations, dated April 15, 2016
Town of Vail Page 13
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TAB Associates, Inc.
The Architectural Balance
0056 Edwards Village Boulevard
Suite 210, Edwards, Colorado 81632
(970) 766-1470 (970) 766-1471 fax
www.tabassociates.com tab@vail.net
Memo
Project: Vista Bahn Building — Concessions Area Project No: 1408
Date: April 13, 2016
RE: Planning and Environmental Commission
Conditional Use Permit
298 Hanson Ranch Road/ Lot C, Block 2, Vail Village Filing 1
Remarks:
We are submitting the attached drawings dated April 15, 2016 for consideration by the DRB for exterior
modifications of the Vista Bahn Building. The proposed improvements are on the ground level floor facing Hanson
Ranch Road.
The Owner wishes to add an area to provide simple concession selling from a window on Hanson Ranch Road.
No cooking will be part of the area. All cooking will be provided by the restaurant in the building and served warm
to the patrons. Typical items would be breakfast and lunch burritos for the passing skiers from morning to early
afternoon.
The new space will utilize the existing space and enlarge the space by 6 sqft. The new walls will still be under the
existing roof space and within the property. A new aluminum sliding glass window will be added which will match
the color of the existing window located to the west.
An existing planter with approximately 6 sqft of planting area will be removed and relocated west. The new
planting area will be increased to approximately 8 sqft.
In addition, the Owner would like to provide outdoor seating enclosed by a steel barrier similar to the building
adjacent to the west. The railing will be 2"x2" steel posts, top and bottom rails and have steel pickets to match the
pickets on the building raised decks. This use is in similar keeping to the adjacent seating area.
Review Criteria:
1. The new addition and seating area limit the impact to the existing frontage.
The addition does not extend beyond the roof plan which keeps the encroachment to a minimum.
The seating area matches the depth of the existing seating area at the adjacent building. So, the encroachment is
not different than currently located in the area.
2. The intent of the variance is to provide outdoor seating similar to the adjacent building seating area. The
limitations are similar to the adjacent and square footage of the area is less in area.
3. No additional lighting will be added.
No additional structure will be added above the existing roof lines creating additional shadows or effects to
lighting, and building size.
4. No additional Criteria at this point.
Thank you for your consideration
file: S:\1408 Vista Bahn Bldg Reno & Restaurant\Concession Renovations\Memo.doc 911197
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VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC:
A request for review of an Exemption Plat pursuant to section 13-12-3, Vail Town Code, Plat
Procedure and Criteria for Review, to adjust the location of the building envelope located at 971
Spraddle Creek Road, Lot 8, Spraddle Creek Estates, and setting forth details in regard thereto.
(PEC16-0013)
ATTACHMENTS:
File Name
PEC16-
0013_Spraddle_Creel_Estates Lot 8_STAFF_MEMO.pdf
971_Spraddle_Creek_SITE_PLAN attachment A.pdf
Description
PEC16-0013 Exemption Plat Spraddle Creek Staff
Memo
PEC16-0013 Exemption Plat Spraddle Creek Site
Plan
971_Spraddle_Creek_- PEC16-0013 Exemption Plat Spraddle Creek
_Spraddle _Creek—Estates—PLAT—COLOR attachment B.pdf Amended Final Plat
971 _Spraddle_Creek_Road_-
—VICINITY—MAP—attachment c.pdf
PEC16-0013 Exemption Plat Spraddle Creek
Vicinity Map
TOWN OF
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: May 23, 2016
Subject: A request for the review of a final plat, pursuant to Section 13-12-3, Plat
Procedure and Criteria for Review, Vail Town Code, to allow for an
adjustment to the location of the platted building envelope for Lot 8,
Spraddle Creek Estates, located at 971 Spraddle Creek Road, and setting
forth details in regard thereto. (PEC16-0013)
Applicant: Terri T. Noell Trust, represented by Triumph Development
Planner: Chris Neubecker
I. SUMMARY
The applicant, Terri T. Noell Trust, represented by Triumph Development, is requesting
final review of an Exemption Plat application, pursuant to Title 13, Chapter 12,
Exemption Plat Review Procedures, Vail Town Code, to allow for an adjustment to the
location of the platted building envelope for Lot 8, Spraddle Creek Estates, located at
971 Spraddle Creek Road. The Community Development Department is
recommending approval, with conditions, of the Exemption Plat application with the
findings as listed in Section VI of this memorandum. For reference, the attachments
include a copy of the proposed site plan showing the location of the building envelope
(Attachment A), a copy of the proposed Plat (Attachment B), and a Vicinity Map
(Attachment C).
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a final review of an Exemption Plat application, pursuant to
Title 13, Chapter 12, Exemption Plat Review Procedures, Vail Town Code, to allow for
an adjustment to the location of the platted building envelope for Lot 8, Spraddle Creek
Estates, located at 971 Spraddle Creek Road. The purpose of this application is to
create the plat entitled: "Amended Final Plat, Spraddle Creek Estates, Lot 8, Town of
Vail, Eagle County, State of Colorado" (Attachment B).
There is no change in the total area of the building envelope. A portion of the existing
building envelope at the rear (north) of the existing home will be reduced in size, and
another portion of the envelope on the side (east) of the existing home will be increased
in size. The change to the location of the building envelope will facilitate a future
addition to the east side of the home.
The relocated area proposed for the building envelope is within all required setbacks
and away from all platted easements. The topography of the new portion of the
envelope is similar to the area on which the home is located, but less steep than part of
the envelope being eliminated. There is no significant impact on natural vegetation. The
area where the envelope is proposed to be relocated contains a patio and grass, but no
large trees or other significant vegetation.
III. ZONING ANALYSIS
Address:
971 Spraddle Creek Road
Legal Description:
Lot 8, Spraddle Creek Estates
Parcel Size:
0.731 acres (31,873 sq. ft.)
Zoning:
Hillside Residential
Land Use Designation:
Hillside Residential
Development Standard
Allowed/Required Existing
Proposed
Lot Area:
21,780 sq. ft. 31,873 sq. ft.
No change
Setbacks:
Front = 20' Front (S) 26'
No change
Side = 15' Side (E) N/A
No change
Side = 15' Side (W) 25'
No change
Rear = 15' Rear (N) 17'
No change
Building Envelope Area:
12,570 sq. ft.
No change
Building Height:
Flat Roof = 30' Sloped 32.5'
No change
Sloped Roof = 33'
Density:
1 DU 1 DU
No change
GRFA:
5,711 sq. ft. (plat) 5,585 sq. ft.
No change
Site Coverage:
4,781 sq. ft. (plat) 4,489 sq. ft.
No change
Landscape Area
Parking:
22,311 sq. ft. (70%) 2 3, 9 5 5 s q. f t
5 spaces
5 spaces
No change
No change
Town of Vail Page 2
Building Envelopes
The purpose of platting building envelopes is to define the portion of the lot where
structures on the lot must be located. The Architectural Site Development and
Landscape Guidelines for the Spraddle Creek Subdivision state that "The purpose of
the building envelope is to reduce uncertainty of neighbors as to which view corridors
might be impacted in the future by construction and to help insure that structures blend
with the surrounding landscape, rather that being a dominating features of the
neighborhood."
Building envelopes are more restrictive than setbacks, which only require that structures
be located a minimum distance from a property line. Building envelopes are often used
to maintain views and separation of structures, protect vegetation, and prevent
development on sensitive areas including geological and hydrological resources.
The original design intent of the Spraddle Creek subdivision and platted envelopes was
to ensure a high quality luxury residential subdivision while preserving the natural
characteristics of the setting and maintaining views. The proposed relocated portion of
the building envelope for Lot 8 will not have a significant impact on views from other
lots. While the relocated building envelope may appear in plan view to impact views to
the south from Lot 9, Lot 8 is significantly lower in elevation by 30'-40'. The primary
views from Lot 9, which are to the Vail Ski Resort, will be maintained with this building
envelope change.
IV. APPLICABLE PLANNING DOCUMENTS
Title 13: Subdivision Reaulations, Vail Town Code (in part)
13-12-1: PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review process
whereby the planning and environmental commission may grant exemptions from the
definition of the term "subdivision" for properties that are determined to fall outside the
purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to
allow for the platting of property where no additional parcels are created and
conformance with applicable provisions of this code has been demonstrated.
13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: 0
"Exemption plats"; as defined in section 13-2-2 of this title, shall be exempt from
requirements related to preliminary plan procedures and submittals. Exemption plat
applicants may be required to submit an environmental impact report if required by title
12, chapter 12 of this code.
Town of Vail Page 3
13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: 0
The procedure for an exemption plat review shall be as follows.-
A.
ollows.
A. Submission of Proposal, Waiver of Requirements. The applicant shall submit two
(2) copies of the proposal following the requirements for a final plat in subsection
13-3-68 of this title, with the provision that certain of these requirements may be
waived by the administrator and/or the planning and environmental commission if
determined not applicable to the project.
B. Public Hearing. The administrator will schedule a public hearing before the
planning and environmental commission and follow notification requirements for
adjacent property owners and public notice for the hearing as found in subsection
13-3-681 of this title.
C. Review and Action On Plat. The planning and environmental commission shall
review the plat and associated materials and shall approve, approve with
modifications or disapprove the plat within twenty one (21) days of the first public
hearing on the exemption plat application or the exemption plat application will be
deemed approved. A longer time period for rendering a decision may be granted
subject to mutual agreement between the planning and environmental
commission and the applicant. The criteria for reviewing the plat shall be as
contained in section 13-3-4 of this title.
V. REVIEW CRITERIA
The following are review criteria from Section 13-3-4 Vail Town Code, as required to
be reviewed per Section 13-12-3 C:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the development objectives
of the town; and
Staff finds the proposed exemption plat is consistent with all applicable elements of
the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town. Specifically, the
exemption plat helps to ensure that site improvements are limited to those areas of the
lot designated by the building envelope and other areas as required for providing
driveway access to the site. By limiting the size of the building envelope to the existing
size, the applicant will gain no additional area, and the site will remain consistent with
the original design intent of this subdivision.
2. The extent to which the proposed subdivision complies with all of
the standards of this title, as well as, but not limited to, title 12, "Zoning
Town of Vail Page 4
Regulations", of this code, and other pertinent regulations that the
Planning and environmental commission deems applicable;
Staff finds that the proposed exemption plat is in compliance with all standards of
Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code.
At this time, the applicant is proposing no changes to the design or the size of the
home, although a future application is expected within the location of the modified
envelope.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Staff finds the proposed exemption plat presents a harmonious, convenient, workable
relationship among land uses that is consistent with municipal development
objectives. Staff has reviewed the location of the building envelope to ensure that the
proposed change will have no impacts on views, light, access, existing vegetation,
slopes, or other impacts to adjacent lots.
4. The extent of the effects on the future development of the
surrounding area;
Staff finds the proposed exemption plat will have no negative impacts on the future
development of the surrounding area. The existing lots nearest to Lot 8 (Lots 7 and 9)
are both developed with single family homes. The proposed changes to the building
envelope will have no impacts on the future development of the subdivision or any of
the individual lots within the subdivision.
5. The extent to which the proposed subdivision is located and
designed to avoid creating spatial patterns that cause inefficiencies in
the delivery of public services, or require duplication or premature
extension of public facilities, or result in a "leapfrog" pattern of
development;
As this application is for a modification to an existing platted and developed parcel, staff
finds the proposed exemption plat will not cause any inefficiency in the delivery of
public services and will not require duplication or premature extension of public
services, and will not result in a leapfrog pattern of development. This is due to the
fact that the subdivision is platted and partially developed. No changes are proposed to
the location of roads, utilities, easements or other changes that impact the delivery of
public services.
6. The extent to which the utility lines are sized to serve the planned
ultimate population of the service area to avoid future land disruption to
upgrade undersized lines;
Town of Vail Page 5
Staff finds the utility lines are sized to serve a complete build -out of the site, and
which are not impacted by this building envelope modification.
7. The extent to which the proposed subdivision provides for the growth of
an orderly viable community and serves the best interests of the community as
a whole;
Staff finds that the proposed exemption plat provides for the growth of an orderly
viable community and serves the best interests of the community as a whole by
allowing flexibility in the siting of the home to provide efficient design. This application
will maintain views from adjacent properties, and preserve a significant stand of
vegetation behind the home in the location of the current building envelope, which is in
the best interest of the community as a whole.
8. The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features;
Staff finds the proposed exemption plat will not result in any adverse impacts on the
natural environment, including, but not limited to, water quality, air quality, noise,
vegetation, riparian corridors, hillsides and other desirable natural features. The
revised location of the building envelope will preserve existing vegetation and allow
development in areas void of significant vegetation.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the request for review of
the final plat, pursuant to Title 12, Chapter 13, Exemption Plat Review Procedures, to
allow for an amendment to the existing plated building envelope for Lot 8, Spraddle
Creek Estates, located at 971 Spraddle Creek Road, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria in Section V of
this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this plat
amendment, the Community Development Department recommends the Commission
pass the following motion:
'Based on the evidence and testimony presented at this hearing and the review
criteria in Section V of the staff memorandum, the Planning and Environmental
Commission hereby approves, with conditions, a request for a final plat, pursuant to
Section 13-12-3 (Plat Procedures and Criteria for Review), Vail Town
Town of Vail Page 6
Code, to allow for the adjustment to the location of the platted building envelope for
Lot 8, Spraddle Creek Estates, located at 971 Spraddle Creek Road, and setting
forth details in regard thereto. (PEC 16-0013)
Conditions.-
1.
onditions.
1. Applicant shall add a note to the plat stating "Portions of Lot 8 are within
Geologically Sensitive Areas, including steep slopes, rock fall, and debris flow
areas, as determined by the Vail Town Code, Title 12, Chapter 21."
Should the Planning and Environmental Commission choose to approve this plat
amendment, the Community Development Department recommends the Commission
pass the following findings:
"Upon review of the request for an Exemption Plat to create the "Amended Final
Plat, Spraddle Creek Estates, Lot 8, Town of Vail, County of Eagle, State of
Colorado " the Planning and Environmental Commission finds.-
1.
inds.
1. That the subdivision is in compliance with the criteria listed in Section 13-
3-4 A , Vail Town Code, and
2. That the subdivision is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town, and
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, and
4. That the subdivision promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality. "
VII. ATTACHMENTS
A. Site Plan
B. Amended Final Plat, Spraddle Creek Estates, Lot 8, Town of Vail, Eagle County,
State of Colorado
C. Vicinity Map
Town of Vail Page 7
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VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Titles 5 and 14, Sections 5-
11, 14-10-5, and 14-10-8, to relocate standards related to roofing material specifications from the
Vail Town Code to the Building Code, and to further align the Vail Town Code with nationally
recognized standards for reducing wildfire home loss, and setting forth details in regard thereto.
(PEC16-0016)
Today's meeting will focus on an introduction to Wildfire Mitigation Standards, past and present
efforts to reduce the dangers to the community, and plans moving forward to create a fire
adapted community.
ATTACHMENTS:
File Name
Description
PEC—Memo-052316. pdf PEC16-0016 Staff Memorandum from Paul Cada
Reducing_Wildfire_Structural_Ignitability_in_Vail.pdf Reducing Wildfire Structural Ignitability in Vail
TOWN OF VAIL t
Memorandum
To: Planning and Environmental Commission
From: Paul Cada, Wildland Program Administrator
Date: May 23rd, 2016
Subject: Wildfire Mitigation Standards
Background
Wildfire is a natural part of the environment surrounding Vail. While most people only see
wildfires as a destructive force, they do play an important role in keeping natural ecosystems
healthy. Regardless of the benefits to nature wildfire pose serious hazard to the safety and
vitality of our mountain community. Beginning in the early 2000's the leadership of the Town of
Vail began to recognize the threat of wildfire to the community. In 2004 the Town of Vail
participated in the creation of the first Eagle County Community Wildfire Protection Plan
(CWPP) which Identified specific actions that could be taken to reduce potential impact of
wildfire. This original CWPP lead to the creation and implementation of several other town
specific documents and plans over the following 10 years. All of these plans were based on the
best available science relating to reducing wildfires impacts.
In 2007 the Town of Vail through Vail Fire and Emergency Services began a seasonal wildfire
mitigation program. Each year the department hires a seasonal crew to work on reducing
wildfire fuel hazards throughout the town as well as be a supplemental firefighting resource. In
2014 the Town expanded the program to include a full time position to coordinate and manage
the program.
In 2008 Vail Town Council approved amendments to the building code and design guidelines
relating to reducing wildfire impacts. The amendments passed in 2008 focused on two key
factors relating to wildfire loss. The revised standards required that all new construction and
additions have a class A roof covering as well as a recognition that dead trees were a wildfire
hazard. These amendments banned the use of wood roof coverings in the town.
Since 2007 Vail Fire has made a focused effort to address wildfire hazards through education
and assistance programs. The department has hosted dozens of informational workshops and
conducted hundreds of individual consultations with homeowners to identify actions that they
can take to reduce wildfire risk. In addition, the department has operated a community chipping
program where the crew has removed hundreds of cubic yards of wildfire fuels from individual
properties throughout town. In addition to the education and chipping the Town has also
partnered over the years with the USDA Forest Service and Eagle County to complete large
scale fuels reduction projects surrounding town.
II. Current Situation
During late summer of 2015 Vail Fire made a presentation to Vail Town Council regarding a new
concept called "Fire Adapted Communities". The fire adapted communities concept is founded
on the principals that a community needs to recognize the potential threat to the community,
take all reasonable steps to mitigate those threats, and develop strategies to recover as a
community after a wildfire event. Town Council accepted these principals and directed Vail Fire
to work with other town departments on ways to create a fire adapted community and to insure
that design standards were not contrary to wildfire mitigation standards.
In the fall of 2015 staff from Community Development and Vail Fire met to discuss possible
ways to address the threat of wildland fires to properties within the Town of Vail. The working
group started off by developing an understanding of the greatest threat to structures within the
town. Contemporary wildfire research shows that embers generated by a wildfire, not the
flames themselves, are the leading cause of home ignition during a wildfire. The research also
shows that the structure itself and the first 30 feet around the structure have the greatest affect
on structure ignition from these embers. Homes constructed of ignition resistant materials and
surrounded by fire resistant landscaping are much more likely to survive a wildfire.
The outcome of these group discussions was a recognition that the two greatest factors that
could influence wildfire loss within the Town are roof covering materials and the landscaping
around the structures. At the present time approximately 700 structures have unrated wood
roof coverings and most homes are heavily landscaped with highly flammable vegetation. The
town has many homes that are not defendable from a large wildfire. Worse yet, because of the
narrow setbacks of the buildable lots these non defendable homes elevate the risk to their
surrounding homes.
In a large wildfire event firefighting resources are almost always insufficient for the amount of
work to be done. It is likely that we will not have enough firefighting resources to protect each
individual home within the community. The end goal of Vail Fire is that homes are built and
maintained within the town to be able to withstand a wildfire without the need of firefighter
intervention. This allows the firefighting resources on hand to be more successful at protecting
the community as a whole.
III. ACTION REQUESTED
Staff requests that the PEC feedback on current efforts to create a fire adapted community and
to eliminate perceived conflict between wildfire mitigation standards and design standards.
Town of Vail Page 2
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TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC: A request for the review of a variance from Section 11-7-6 Construction Signs, Vail
Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to
allow for a freestanding sign, located at 2310 Chamonix Road, Parcel B, Vail Das Schone Filing
1, and setting forth details in regard thereto. (PEC16-0021) - 15 min.
ATTACHMENTS:
File Name
Description
PEC16- Staff Memo to PEC
0021_Chamonix Construction —Sign _ Variance_Memo.pdf
Chamonix Construction_Sign.pdf Signage Graphic
0) TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 23, 2016
SUBJECT: A request for the review of a variance from Section 11-7-6: Construction Signs,
Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to
allow for a freestanding construction sign, located at 2310 Chamonix Road /
Parcel B, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC16-0021)
Applicant: Town of Vail, represented by George Ruther
Planner: Matt Panfil
I. SUMMARY
The applicant, the Town of Vail, represented by George Ruther, is requesting a variance
from Section 11-7-6: Construction Signs, Vail Town Code, pursuant to Section 11-10-1:
Variances, Vail Town Code, to allow for a freestanding construction sign, located at
2310 Chamonix Road. Based upon staff's review of the criteria outlined in Section VII
of this memorandum and the evidence and testimony presented, the Community
Development Department recommends approval, with conditions, of this application
subject to the findings noted in Section VIII of this memorandum. A vicinity map
(Attachment A) and the applicant's request (Attachment B) are attached for review.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, represented by George Ruther, is requesting a sign
variance to allow for one (1), approximately eight (8) square foot freestanding
construction sign for the Vail Chamonix Neighborhood Project located at 2310
Chamonix Road. The applicant requests a freestanding sign because the construction
site is currently a vacant parcel with no building wall or construction fence on which to
mount a sign, as is required by Section 11-7-6-A-4 of the Vail Town Code. The
applicant requests to display the freestanding sign until such time as the sign can be
displayed in full compliance with the Vail Town Code.
The proposed sign will display the physical address of the construction site, building
permit numbers, the construction project name, and emergency contact information as
required by Section 11 -7-6-A-1 0-a of the Vail Town Code. A logo for the emergency
contact, website address, and an artist rendering of the finished construction project will
also be on the proposed sign, as permitted by Section 11 -7-6-A-1 0-b of the Vail Town
Code.
III. BACKGROUND
The 3.6 acre Vail Chamonix Neighborhood Project parcel, located at 2310 Chamonix
Road, is within the Housing (H) District. The parcel was purchased by the Town of Vail
in 2002 for the purposes of constructing a fire station, employee housing and land
banking. The Chamonix Parcel Land Use Plan was adopted in 2005 and later amended
in January, 2009 following the Town of Vail's acquisition of the adjacent 1.25 acre
Wendy's parcel for the West Vail Fire Station in 2007. In 2011, the Town of Vail
completed an update to a 2008 market study and an engineering / utility plan to
optimize site utilization and to estimate the cost of constructing the infrastructure.
Phase I work, which includes the site access and utility infrastructure improvements,
began on April 4, 2016. In Phase I, there is no construction fence or vertical
construction to which the applicant could mount a construction sign. As a result, the
applicant is requesting a freestanding construction sign until such time as the
construction sign can be mounted in compliance with the Vail Town Code.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 11 — Sign Regulations, Vail Town Code
Chapter 1: Description, Purpose, and Applicability (in part)
11-1-2: PURPOSE.-
A.
URPOSE:
A. These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a
manner that will conserve and enhance its natural environment and its
established character as a resort and residential community of the highest
quality.
B. Specific Purpose:
2
To describe and enable the fair and consistent enforcement of signs in the
town of Vail.
2. To encourage the establishment of well designed, creative signs that
enhance the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is
aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
Chapter 2. Definitions (in part)
SIGN, CONSTRUCTION. A sign permitted to identify a project under
construction and the associated hazardous conditions as further regulated by
Section 11-7-6 of this title.
Chapter 7. Other Signs (in part)
11-7-6. CONSTRUCTION SIGNS.-
A.
IGNS.
A. Description. A sign permitted to identify and describe a project under
construction.
1. Area. In all residential zone districts, the area of any construction sign
shall not exceed eight (8) square feet. In all other zone districts, the area
of any construction sign shall not exceed twenty (20) square feet, with a
horizontal dimension no greater than ten feet (10).
2. Height. The top of a construction sign shall be no higher than eight feet
(8) from grade.
3. Number: One sign per construction site.
4. Location: Construction signs shall be mounted parallel and flush to
the building wall or construction fence adjacent to the street or major
pedestrianway to which the construction site abuts.
5. Lighting. Not permitted.
6. Type Of Sign: Construction signs shall not be freestanding signs.
7. Design. Subject to design review.
8. Landscaping. Not applicable.
3
9. Display Duration. Construction signs may be displayed upon issuance of
the associated building permit(s) and shall be removed prior to the
issuance of a certificate of occupancy.
10. Content. No content other than listed below shall be included on a
construction sign.-
a.
ign.
a. Construction signs shall include the following information.-
(1)
nformation.
(1) Physical address of the construction site.
(2) Building permit number(s).
(3) Construction project name(s).
(4) One emergency contact, including one individual and business
name, one telephone number and one e-mail address.
b. Construction signs may include the following additional information.-
(1)
nformation.
(1) One business logo of the emergency contact.
(2) Brief factual description of the construction project.
(3) One website address.
(4) One quick response (QR) code.
(5) An artist rendering of the finished construction project.
(6) Proposed construction completion date.
11. Special Provisions. Signs identifying dangerous or hazardous conditions
associated with a construction site are exempt from design review as
further regulated by section 11-9-1, "Exempt Signs", of this title.
11-10-1: VARIANCES.-
A.
ARIANCES.
A. Purpose. A variance from the sign regulations constitutes relief from the strict
interpretation of the standards and may be granted by the planning and
environmental commission (PEC) in cases where there exists a physical
limitation that prevents the existence, placement, or operation of a sign in
compliance with the standards of this title.
B. Application Procedure. An application for a variance from the sign regulations
12
V.
may be obtained from the community development department. The variance
application must include a sign permit application, the applicant's reasons for
requesting a variance, and a nonrefundable fee determined by the town
council as set forth by town ordinances. The staff shall set a date for a
hearing before the planning and environmental commission once the
complete application has been received.
C. Criteria For Approval.-
1.
pproval:
1. Special circumstances or conditions must exist that apply to the land,
buildings, topography, vegetation, sign structures, or other matters on
adjacent lots or within the adjacent right of way, that would substantially
restrict the effectiveness of the sign in question. However, such
circumstances must be unique to the subject site.
2. The applicant shall not have created the circumstances that have
necessitated the variance request.
3. The applicant must demonstrate that the granting of the variance will be in
general harmony with the purposes of this title.
SITE ANALYSIS
Address: 2310 Chamonix Road
Legal Description: Parcel B, Vail Das Schone Filing
Zoning: Housing (H)
Land Use Plan Designation: Chamonix Master Plan
Current Land Use: Vacant
Geological Hazards: Steep Slopes > 40%
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North: Medium Density Residential
South: Chamonix Master Plan
Community Commercial
East: Community Commercial
Zoning District
Two -Family Primary / Secondary Residential
Commercial Core 3
General Use
Heavy Services
Commercial Core 3
General Use
Heavy Services
5
West: Medium Density Residential Two -Family Primary / Secondary Residential
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Chapter 11-10-1, Variances,
Vail Town Code, and are as follows:
1. Special circumstances or conditions must exist that apply to the land,
buildings, topography, vegetation, sign structures, or other matters on
adjacent lots or within the adjacent right of way, that would substantially
restrict the effectiveness of the sign in question. However, such
circumstances must be unique to the subject site.
In order for a sign variance to be granted, there must be a physical limitation that
prevents the placement of a sign in compliance with the standards of the sign
regulations. The subject property is unique in that it is an undeveloped site, rare to
the Town of Vail, with no existing site improvements on which to mount a
construction sign. Furthermore, the large scope of the project means a significant
amount of site improvements are required before a construction fence can be
installed, and on which any construction signage can be mounted. The applicant
has stated that when a construction fence or a building wall is completed, the
proposed construction sign will be relocated to be in compliance with the Vail Town
Code.
Staff finds that special circumstances exist, warranting relief from the provisions of
the sign regulations governing the subject location. As such, this criterion is met.
2. The applicant shall not have created the circumstances that have necessitated
the variance request.
The subject property a vacant parcel of land and there are no existing walls or
construction fences on which to locate the proposed construction sign. The
applicant has not created the circumstances that have necessitated the variance
request.
As such, this criterion is met.
3. The applicant must demonstrate that the granting of the variance will be in
general harmony with the purposes of this title.
The granting of the requested variance is in general harmony with the general or
specific purposes of Title 11, Sign Regulations, Vail Town Code. Specifically, the
approval of the proposed construction sign would be consistent with promoting the
health, safety, morals, and general welfare of the Town of Vail by informing residents
and guests to the nature of a large development within the town and providing
N
contact information for the project, or should an on-site emergency occur.
As such, this criterion is met.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from Section 11-7-6: Construction Signs, Vail Town Code, pursuant to
Section 11-10-1: Variances, Vail Town Code, to allow for a freestanding construction
sign, located at 2310 Chamonix Road / Parcel B, Vail Das Schone Filing 1, and setting
forth details in regard thereto. This recommendation is based upon the review of the
criteria outlined in Section VII of this memorandum and the testimony presented.
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, with conditions, the
applicants' request for a variance from Section 11-7-6: Construction Signs, Vail
Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow
for a freestanding construction sign, located at 2310 Chamonix Road/ Parcel B,
Vail Das Schone Filing 1, and setting forth details in regard thereto."
Conditions.-
1.
onditions:
1. Approval of this sign variance is contingent upon the applicant obtaining
Town of Vail approval of an associated design review application, and
2. Approval of this sign variance is valid only until such a time as the
construction sign can be mounted parallel and flush to an on-site building
wall or construction fence. Within thirty (30) days of such construction of
an on-site building or construction fence (whichever happens sooner) the
applicant shall relocate the construction sign to comply with all provisions
of Section 11-7-6: Construction Signs, Vail Town Code.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission
makes the following findings:
'Based upon a review of Section Vll of the May 23, 2016 staff memorandum to
the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds.-
1.
inds:
1. Special circumstances or conditions exist that apply to the land, buildings,
topography, vegetation, sign structures, or other matters on adjacent lots
7
or within the adjacent right of way, that would substantially restrict the
effectiveness of the sign in question,-
2.
uestion,
2. The applicant has not created the circumstances that have necessitated
the variance request; and
3. The applicant has demonstrated that the granting of the variance will be in
general harmony with the purposes of this title.
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Submittal
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC: May 9, 2016 PEC Meeting Results
ATTACHMENTS:
File Name
PEC—Results-050916. pdf
Description
May 23, 2016 PEC Meeting Results
TOWN OF VA 0)PLANNING AND ENVIRONMENTAL COMMISSION
FWhtFpl�f# May 9,2016, 1:00 PM
Vail Town Council Chambers
75S. Frontage Road -Vail, Colorado, 81657
Call to Order
Members Present: Brian Gillette, Ludwig Kurz, John Ryan Lockman, John Rediker, and
Brian Stockmar
Absent: Kirk Hansen and Henry Pratt
2. A request for a recommendation to the Vail Town Council on a revision to a major
amendment to Special Development District No. 6, Vail Village Inn, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase
in gross residential floor area to facilitate additions to existing dwelling units, located at
100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3)/Lot O, Block 5D, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC16-0014) - 45 min.
Action: Approve with Conditions
Motion: Gillette Second: Lockman Vote: 3-1-1 (Rediker
opposed, Kurz abstained)
Conditions:
1. The applicant shall mitigate the employee generation impact created by the
addition of 836 square feet of GRFA in accordance with the provisions of
Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make
the required fee in lieu payment to the Town of Vail prior to the issuance of
any building permit.
2. The applicant shall receive and submit in conjunction with the building
permit, all applicable Colorado Department of Transportation approvals for all
impacts to the South Frontage Road East, including construction staging, if
necessary.
3. The applicant shall amend the recorded condominium map to reflect the
increase in floor area and space designation, prior to requesting any final
planning or building inspection.
4. The applicant shall replace the three (3) existing street lights located along
the Frontage Road with Town of Vail street lights per Public Work's
specification. The location of the streetlights is depicted in the Streetlight
Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town
Council Memo. The number of new fixtures shall be determined by the
Director of Public Works and will not exceed three. The new street lights shall
be installed prior to requesting any final planning or building inspection.
Jonathan Spence, Town Planner, presented on behalf of the Community Development
Department. The proposal is to revise a previous approval granted in 2014. The previously
approved exterior improvements included a new dormer on the south elevation for Unit 501, a
modification to the roof for Unit 502, and another new dormer on the north elevation, also for
Unit 501. Part of the 2014 approval included an agreement to replace the wood shake roof on
levels four and five. The proposed changes result in a project approximately one-third of what
were originally approved. In addition to the revisions to the roof, the applicant is also seeking a
change to the roof replacement agreement. The current roof dates to 2007 and has
approximately fifteen (15) years of life remaining.
Lockman — When did the Town change the code from requiring to prohibiting wood shake
roofs?
Spence — The code changed in 2008, just after the applicant had installed the cedar shake
roof.
Rediker — Asked for clarification of the status of the formerly proposed dormers.
Spence — The only roof penetrations are for skylights. The previously approved dormers on
the north and south elevations are no longer proposed.
Don Eggers (representing the applicant) — Unit 501 has a loft that is built within the existing
volume of the roof. There is additional square footage being added underneath the existing
gables. This proposal will replace some of the wood shakes with DaVinci-brand roofing, but
not to the previous extent required.
Gillette — Have you considered a different type of roof such as a standing seam metal roof?
Eggers— The plan is to replace the majority of the roof in approximately fifteen years. There
are only a few places where someone can see the area of the roof being changes.
Lockman — Why are the proposed changes considered a major amendment?
Spence — Due to its previous approval, felt it best to bring it back to the PEC.
Rediker — What are the current cedar shake roof regulations?
Spence — Since 2008 cedar shake roofs have been prohibited for new construction.
Rediker — Does the code require a disturbance to the roof and an increase in GRFA to trigger
the roof replacement?
Spence — Yes, both are required. The question at hand is whether the change in scope of the
plans necessitates the full replacement of the roof?
Rediker — Asked for clarification as to whether or not the PEC was being asked to approve
something that does not comply with code.
Spence — The SDD allows for such a revision and would not be considered a variation.
Public Comment — None
Stockmar — Concurs with staff.
Gillette — Concurs with staff.
Lockman — Concurs with staff and other Commissioners, it would be wasteful to require a new
roof when there is life left on the existing roof.
Rediker — Does not see an issue with the GRFA. It is important not to overburden applicants,
but at the same time it is important to maintain the letter of the law.
3. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the
Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract
D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019)
- 5 min.
Action: Table to June 13, 2016
Motion: Lockman Second: Stockmar Vote: 5-0-0
4. A request for review of a conditional use permit, pursuant to Section 12-7E-4,
Conditional Uses, Vail Town Code, to allow for a religious institution, located at 12
Vail Road/Lots N & O, Block 5D , Vail Village Filing 1, and setting forth details in
regard thereto. (PEC16-0015)
Withdrawn
5. Approval of Minutes
April 25, 2016 PEC Meeting Results
Action: Approval
Motion: Stockmar Second: Lockman Vote: 3-0-2 (Gillette and Rediker
abstained)
6. Informational Update
Prior to the Eagle County PIan4Health presentation, and at the request of Commissioner
Lockman, George Ruther gave a brief update on the Chamonix housing proposal.
Rediker — Asked for information about a music festival he has heard is proposed for next year.
Ruther — Internal meetings have occurred to review this type of event and what the positive
and negative impacts would be. No determination has been made as to whether or not the
event will occur.
Rediker — Is there a way to access master plans online?
Spence demonstrated where the master plans are available on the Town's website.
Informational presentation by Eagle County on PIan4Health grant program and process.
Presenters: Katie Haas and Kris Valdez of Eagle County Government - 15 min.
Haas — Plan4Health is a program supported by the Healthy Communities Coalition and
American Planning Association that is funded by the CDC with the purpose of uniting planning
and public health policies. Eagle County was one of only seventeen areas selected
nationwide for the $117,000 grant. The project includes six (6) Eagle River Valley
communities and Eagle County itself. One of the processes of the program will be a "policy
scan" to review the master plans for each of the communities. The main focus of the program
is on the built environment and the impact on healthy eating and active living. Implementing
successful programs across communities is another goal. The final product will be a report
for each community that includes an analysis of existing policies and recommendations for the
future. The projected completion date for the project is by the end of the calendar year.
Gillette — What does healthy food access look like?
Haas — Examples include zoning ordinances that allow for community gardens and farmers'
markets.
Rediker— Is there healthy eating educational component as part of this project?
Haas — There are other initiatives regarding public education, but this project focuses on
policies impacting the built environment.
Rediker — Who is the subcontractor working on this project?
Haas — Will Kerns of Open Plan Consultants.
Rediker — What are some of the things that may have already been identified that the Town
can work on?
Haas — The process has not been completed yet for each specific community, but one area
discussed regarding all communities is community outreach and including diversity in public
participation. More specific recommendations will be available in early fall.
Lockman — Will there be a presentation made as to where community policies are consistent
and or inconsistent with each other?
Haas — The review will include a presentation of possible synergies among communities.
Stockmar —Will Vail's medical and physical therapy resources be involved?
Haas — It is an asset that can be recognized, but is not sure yet where it fits into the master
plan level review.
7. Adjournment
Action: Approval
Motion: Kurz Second: Lockman Vote: 5-0-0
The applications and information about the proposals are available for public inspection
during regular office hours at the Town of Vail Community Development Department, 75
South Frontage Road. The public is invited to attend the project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development
Department. Times and order of items are approximate, subject to change, and cannot
be relied upon to determine at what time the Planning and Environmental Commission will
consider an item. Please call (970) 479-2138 for additional information. Sign language
interpretation is available upon request with 48-hour notification. Please call (970) 479-
2356, Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily May 6, 2016
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: May23, 2016
ITEM/TOPIC: PEC Training - GRFA-Matt Panfil
ATTACHMENTS:
File Name Description
GRFA Powerpoint_PEC_052316-LR.pdf PowerPoint Presentation
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IN
Ad Name: 12122199A
PLANNING AND ENVIRONMENTAL
provision.
COMMISSION
Customer: TOWN OF VAIL/PLAN DEPT/COMM
May 23,2016,Ch PM
General Man ager/Publisher/Editor
Vail Town CouncillChambers
Your account number is- 1OP2P 33
75S. Frontage Road - Vail, Colorado, 81657
published in the regular and entire issue of every
1.Call to Order
Vail`7 D�7
2.A request for an appeal of an administrative deci-
representative ofthe Vail Daily. That the same Daily newspaper
sion pursuant to section 12-3-3, Appeal of Admin-
printed, in whole or in part and published in the County
istrative AAction, concerning Section 12-15-3 Defi-
PROOF OF PUBLICATION
ninon, Calculation, and Exclusions, relating to how
gross residential floor area (GRFA) is calculated in
therein; that said newspaper has been published continuously
relation to basements in the Hillside Residential
and uninterruptedly in said County of Eagle for a period of
(HR), Single-family Residential (SFR), Two- family
more than fifty-two consecutive weeks next prior to the first
Residential (R), and Two-family, Primary Second -
STATE OF COLORADO }
ary Residential (PS) Districts. (TC16-0004)- 45
min.
i SS
Applicant: Michael Suman
provision.
Planner: Chris Neubecker
COUNTY OF EAGLE }
(PEC16-0017) - 10 min.
General Man ager/Publisher/Editor
3.A request for the review of a conditional use
That the annexed legal notice or advertisement was
permit, pursuant to Section 12-713-3, Permitted and
published in the regular and entire issue of every
Conditional Uses; First Floor or Street Level, Vail
I, Mark Wurzer, do solemnly swear that I am a qualified
Town Code, in accordance with the provisions of
Chapter 12-16, Conditional Uses, Vail Town Code,
representative ofthe Vail Daily. That the same Daily newspaper
to allow for an outdoor patio, located at 298 Han -
son Ranch Road (Vista Bahn Building)/Lots C,
printed, in whole or in part and published in the County
Block 2, Vail Village Filing 1, and setting forth de -
tails in regard thereto. (PEC16-0019) - 10 min.
of Ea le, State of Colorado, and has a general circulation
g
Applicant: Remonov & Co., represented by TAB
Associates
Planner: Jonathan Spence
therein; that said newspaper has been published continuously
4.A request for review of a Minor Exterior Alter-
and uninterruptedly in said County of Eagle for a period of
ation, pursuant to Section 12-7B-7, Exterior Alter -
ations or Modifications, Vail Town Code, to allow
more than fifty-two consecutive weeks next prior to the first
for six (6) square feet of additional floor area for a
concessions window, located at 298 Hanson
Ranch Road (Vista Bahn Building)/Lots C, Block 2,
publication of the annexed legal notice or advertisement and
Vail Village Filing 1, and setting forth details in re-
09/23/2016.
gard thereto. (PEC16-0018) - 10 min.
er
that said news a has ublished the re uested le al notice
l� l� 1� q g
Applicant: Remonov & Co., represented by TAB
and advertisement as requested.
Associates
Planner: Jonathan Spence
5.A request for the review of a variance from Sec-
�-•_ -
.�,
N
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3 ( s
•.-.-.�, ,«.--..,�.:.�.,,...�.„�.:_..
tion 12-713-15 Site Coverage, Vail Town Code, in
The Vail Daily is an accepted legal advertising medium,
accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for a variance
only for jurisdictions operating under Colorado's Home
to the maximum allowable site coverage of 80% to
facilitate a six (6) square foot addition, located at
298 Hanson Ranch Road (Vista Bahn
Rule
Building)/Lots C, Block 2, Vail Village Filing 1, and
provision.
setting forth details in regard thereto.
—
`J
(PEC16-0017) - 10 min.
General Man ager/Publisher/Editor
Applicant: Remonov & Co., represented by TAB
That the annexed legal notice or advertisement was
Associates
Planner: Jonathan Spence
published in the regular and entire issue of every
6.A request for review of an Exemption Plat
number of said daily newspaper for the period of I
pursuant to section 13-12-3, Vail Town Code, Plat
Procedure and Criteria for Review, to adjust the
location of the building envelope located at 971
consecutive insertions; and that the firstublication of said
P
Spraddle Creek Road, Lot 8, Spraddle Creek
notice was in the issue of said news paper
a er dated 5/20/2016 and
Estates, and setting forth details in regard thereto.
Applic -0013) - 15 min.
ApplicT. Noell Trust, by
that the last publication of said notice was dated 5/20/2016 in
ant:Terry represented
Triumph Development
Planner: Chris Neubecker
the issue of said newspaper.
7.A request for a recommendation to the Vail Town
Council for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Titles 5 and 14, Sections 5-11,
14-10-5, and 14-10-8, to relocate standards related
In witness whereof, I have here unto set m hand this day,
y y
to roofing material specifications from the Vail
09/23/2016.
Town Code to the Building Code, and to further
align the Vail Town Code with nationally
recognized standards for reducing wildfire home
loss, and setting forth details in regard thereto.
Vail Dail
-0016) - 30 min.
y
Applicant: Town of Vail, represented by Paul Cada
Applic
—
`J
Planner: Jonathan Spence
8.A request for the review of a variance from
General Man ager/Publisher/Editor
Section 11-7-6 Construction Signs, Vail Town
Code, in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for a
Vail Dail
freestanding sign, located at 2310 Chamonix Road,
y
Parcel B, Vail Das Schone Filing 1, and setting
Subscribed and sworn to before me, a notary public in and for
mlinh details in regard thereto. (PEC16-0021) - 15
the County of Eagle, State of Colorado this day 09/23/2016.
Rppleoant:Town of Vail, represented by George
Planner: Matt Panfil
9.Approval of Minutes
May 9, 2016 PEC Meeting Results
//..
10. al Update
PEC Training -Gross Residential Floor Area (GR -
EC Training
FA) - Matt Panfil - 30 min.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
11.Adjournment
The applications and information about the
proposals are available for public inspection during
regular office hours at the Town of Vail Community
Development Department, 75 South Frontage
Road. The public is invited to attend the project
orientation and the site visits that precede the
public hearing in the Town of Vail Community
Development Department. Times and order of
items are approximate, subject to change, and
cannot be relied upon to determine at what time the
Planning and Environmental Commission will
consider an item. Please call (970) 479-2138 for
�-•_ -
.�,
N
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3 ( s
•.-.-.�, ,«.--..,�.:.�.,,...�.„�.:_..
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 May 20, 2016
(121 221 99)
Ad Name: 12098857A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
Vail Daily
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 5/6/2016 and
that the last publication of said notice was dated 5/6/2016 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
05/09/2016.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 05/09/2016.
� 2M 4, & 9. -'—
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12-3-6, Vail Town Code, on May 23, 2016 at 1:00
pm in the Town of Vail Municipal Building.
A request for a recommendation to the Vail Town
Council for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Titles 5 and 14, Sections 5-11,
14-10-5, and 14-10-8, to relocate standards relat-
ed to roofing material specifications from the Vail
Town Code to the Building Code, and to further
align the Vail Town Code with nationally recog-
nized standards for reducing wildfire home loss,
and setting forth details in regard thereto.
( PEC 16-0016)
Applicant: Town of Vail, represented by Paul Cada
Planner: Jonathan Spence
A request for an appeal of an administrative deci-
sion pursuant to section 12-3-3, Appeal of Admin-
istrative Action, concerning Section 12-15-3 Defini-
tion, Calculation, and Exclusions, relating to how
gross residential floor area (GRFA) is calculated in
relation to basements in the Hillside Residential
(HR), Single-family Residential (SFR), Two-family
Residential (R), and Two-family, Primary Second-
ary Residential (PS) Districts. (TC16-0004)
Applicant: Michael Suman
Planner: Chris Neubecker
A request for the review of a variance from Section
12-713-15 Site Coverage, Vail Town Code, in ac-
cordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for a variance
to the maximum allowable site coverage of 80% to
facilitate a six (6) square foot addition, located at
298 Hanson Ranch Road (Vista Bahn
Building)/Lots C, Block 2, Vail Village Filing 1, and
setting forth details in regard thereto.
( PEC 16-0017)
Applicant: Remonov & Co, represented by TAB
Associates
Planner: Jonathan Spence
A request for review of a Minor Exterior Alteration,
pursuant to Section 12-7B-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for six (6)
square feet of additional floor area for a conces-
sions window, located at 298 Hanson Ranch Road
(Vista Bahn Building)/Lots C, Block 2, Vail Village
Filing 1, and setting forth details in regard thereto.
( PEC 16-0018)
Applicant: Remonov & Co, represented by TAB
Associates
Planner: Jonathan Spence
A request for the review of a conditional use permit,
pursuant to Section 12-713-3, Permitted and Condi-
tional Uses; First Floor or Street Level, Vail Town
Code, in accordance with the provisions of Chap-
ter 12-16, Conditional Uses, Vail Town Code, to
allow for an outdoor patio, located at 298 Hanson
Ranch Road (Vista Bahn Building)/Lots C, Block 2,
Vail Village Filing 1, and setting forth details in re-
gard thereto. (PEC16-0019)
Applicant: Remonov & Co, represented by TAB
Associates
Planner: Jonathan Spence
Arequest for the review of a variance from Section
1 1 -7-6 Construction Signs, Vail Town Code, in ac-
cordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for a free-
standing sign, located at 2310 Chamonix Road,
Parcel B, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC16-0021)
Applicant: Town of Vail, represented by George
Ruther
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 May 6, 2016 in the Vail Daily (12098857)