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HomeMy WebLinkAbout2021-11-08 PECPLANNING AND ENVIRONMENTAL COMMISSION November 8, 2021, 1:00 PM Town Council Chambers and Virtual on Zoom 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN tXLOeRs9QKieoSkwg888Jw 1.2. Attendance Present: Ludwig Kurz, Brian Gillette, Henry Pratt, Rollie Kjesbo, Karen Perez, Reid Phillips, Pete Seibert Absent: None Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 20 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to add an exemption to allow vaults for car lift systems to be excluded from the GRFA calculation and setting forth details in regard thereto. (PEC21-0046) Applicant: KH Webb Architects & Mauriello Planning Group Planner: Greg Roy Planner Roy introduces item and discussed the history of the application at the PEC. He talks about the concerns of the board at previous meetings. He says the applicants have proposed a couple of changes and talks about the proposed code language. Dominic Mauriello and Kyle Webb are present for the applicants. Mauriello introduces the 300 square foot limitation and the calculations which factored into this figure. Webb says it's a scissor lift, OSHA requires an access panel outside the footprint of the lift as well as hoses and pumps outside the footprint. He says this factored into the calculations previously mentioned. Kurz asks for questions from the board. Phillips asks if they can be serviced from above with the only access being within the garage as the language proposes? Webb says that is true in conversations with four manufacturers. Kurz says the square footage language and two vehicles per dwelling unit seems like a reasonable solution. It will get cars off driveways or parking areas which is a community benefit. He is in favor. He asks if there is additional comment? Perez is pleased to see the changes addressed previous comments from the board. There is no public input. Gillette joins (virtually). Rollie Kjesbo moved to recommend approval to Town Council. Henry Pratt seconded the motion and it passed (6-0). Abstain: (1) Gillette 2.2. A request for review of a Conditional Use Permit, pursuant to Section 12- 10 min. 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1, Lodge Subdivision, and setting forth details in regard thereto. (PEC21- 0027) Applicant: Charley Viola (Yama Sushi) Planner: Jonathan Spence This Conditional Use Permit approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. The applicant shall operate the outdoor patio in a manner generally consistent with the approved site plan included as an attachment to this November 8, 2021 memorandum. Planning Manager Jonathan Spence introduces the history of the application, and the ongoing formalization of outdoor dining footprints. He talks about the town's task force which reviewed the applications. Spence talks about the details of the Yama application, and asks if there are questions. Pratt asks about the plan in the materials. He noticed the barrier goes into the ground in sleeves and asks why that is. Spence says that was in response to a previous town policy and will be subject to a future Design Review Board process without the sleeves. There is no public input. Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the motion and it passed (7-0). 2.3. A request for review of a Conditional Use Permit, pursuant to Section 12- 10 min. 16, Conditional Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21- 0037) Applicant: Drew Riley (Russell's) Planner: Jonathan Spence 1. Prior to submitting for the required DRB, the plan will be modified to have the outdoor seating limited to two tables replacing the existing bench and one table in front of the garden. (Total of 3 tables) 2. The outdoor seating barricade, to be reviewed by the DRB, shall not be placed more than two feet from the face of the wall (not the recess where the bench is). 3. All tables, chairs and barriers shall be completely removed every evening and not stored against the wall. Spence references the previous application before the PEC on Oct. 22nd. He references a photo with the proposed location for a barrier. Staff and task force are recommending approval with attached conditions. Pratt says the site plans proposes to store barriers outside at night. Spence says the conditions address this; the tables will be stored indoors. Phillips asks if this is only for the summer. Spence confirms. There is no public input. Perez says it is better than what was previously proposed but has a problem with it near the covered bridge location. Pratt concurs. Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the motion and it passed (5-2). Ayes: (5) Gillette, Kjesbo, Kurz, Phillips, Seibert Nays: (2) Perez, Pratt 2.4. A request for review of a Conditional Use Permit, pursuant to Section 12- 2 min. 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 223 Gore Creek Drive Unit E/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0052) The applicant has requested this item be tabled. Applicant: Michael Stadler (Up the Creek Bar & Grill) Planner: Jonathan Spence Brian Gillette moved to table. Karen Perez seconded the motion and it passed (7-0). 2.5. A request for review of a Conditional Use Permit, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 193 Gore Creek Drive Unit B/Tract A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0034) This application has been withdrawn. No action necessary. Applicant: Matt Morgan (Sweet Basil & Mountain Standard) Planner: Jonathan Spence 3. Approval of Minutes 3.1. October 25, 2021 PEC Results Kurz clarifies the spelling of Seibert for the minutes. Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it passed (7-0). 4. 1 nformational Update 4.1. Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. Applicant: Planner: Watershed Education Coordinator Wadden says he doesn't have a lot of new information. Three state agencies are investigating: Colorado Parks and Wildlife (CPW ), the Colorado Department of Agriculture, and the Colorado Department of Public Health and the Environment (CDPHE). We should have something from CPW by the end of the year and CDPHE has undertaken statewide investigation of Vail Resorts' snowmaking operations. Phillips asks what authority the PEC has with this incident. He says he understands that there is a report that was authored by Vail Resorts, he wants to see if the PEC can get a copy of the report sent to Eagle River Water and Sanitation District and CDPHE. Wadden says the report is publicly available. Phillips says there were protocol and operational problems. He would like the board to view the report before the ne)d meeting. He asks what the PEC's authority is to ask for representation to this committee to address questions. Can we ask for that? Spence says you could certainly request that. If there was a conditional use permit attached to it in town, that would be the framework for discussion, but this occurred outside of the town. He will consult with town staff on this issue. Perez asks if the issue will go to the joint -environmental council. Spence asks for clarification. Kurz clarifies the Open Space Committee. Spence says they're not tasked with this. Wadden says Town Council will be briefed. Perez asks for a summary of the Vail Resorts report. Wadden says he is not comfortable sharing from memory but happy to share the document. His department is waiting for state agencies to make their final reports. Pratt asks about another incident involving yellow paint. Wadden says the hospital parking lot was being re -striped during Halloween weekend. The contractor hired by the hospital spilled or dumped a half gallon of paint into the storm drain. Thanks to observations by a Vail Town Council member, they got out there with a vacuum truck before too much was discharged to the creek. Pratt asks about the citation and what it meant. Wadden says the Police and Fire Department were present. The police took statements and Environmental Sustainability submitted spill reports to CDPHE. The hospital will be billed for the vacuum truck operations, staff time, and equipment. Kurz thanks Seibert for his service on the PEC and wishes him luck moving forward. Spence says there will be one more PEC meeting with Seibert present. 5. Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (7-0). 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. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Register in advance for this webinar: httr)s:Hus02web.zoom.us/webinar/register/WN tXL0eRs9QKieoSkwg888Jw VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 8, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Reg ulati on Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to add an exemption to allow vaults for car lift systems to be excluded from the GRFA calculation and setting forth details in regard thereto. (PEC21-0046) ATTACHM ENTS: File Name Description Staff Memorandum PEC20-0046 Nov 8 (final).odf Staff Memo PEC21-0046 Car Lift Amendment Submittal Narrative 10-27.odf Attachment A. Applicant Narrative October 27, 2021 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 8, 2021 SUBJECT: 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 Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046) Applicant: Mauriello Planning Group and KH Webb Architects Planner: Greg Roy SUMMARY The applicants, Mauriello Planning Group and KH Webb Architects, are requesting a recommendation of approval to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants request a recommendation of approval to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046) The purpose of Chapter 15, Gross Residential Floor Area (GRFA) of the Vail Town Code is noted below: "This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts." In summary, GRFA is meant to control the bulk and mass of a building as viewed from the exterior of the property. The nature of underground car lifts means that they would not add to the bulk and mass of the building as viewed from the exterior and should be exempted from the GRFA calculations. As currently proposed, the entire vault would be required to be below the finished grade. It will also not count as a portion of the lowest level for the basement deduction. This prevents a vault from being used as additional wall area below grade to increase the basement deduction but also does not penalize applicants for adding a vault that may be below the basement level of the house. The benefit of allowing this additional exemption could lessen the visual impacts of exterior parking or additional garage bays on a home. It could also reduce the amount of lot area taken up by driveway space to accommodate the minimum parking requirements. By increasing the amount of possible interior parking, those externalities are removed from the visual aspect of a residence. Please see the applicant's narrative, dated October 27, 2021, and included as Attachment A for additional information. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable, and easily understood. The current code language does not address underground car vaults which are growing in popularity and are being requested more frequently. The proposed amendment will clarify the rules around these new features to ensure they are applied consistently and predictably in the future. IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be added to Title 12: The proposed amendments are as follows (text to be deleted is in strikethre g4r text that is to be added is in bold. Sections of text that are not amended have been omitted.): Proposed new code language 12-15-3 (A)(1)(a): (9) Underground vaults with a mechanical lift system for the purpose of enclosed Town of Vail Page 2 parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16') in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; Town of Vail Page 3 an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Vail Comprehensive Plan Land Use and Development Goal #1 • 1.3: The quality of development should be maintained and upgraded whenever possible. Vail 2020 Strategic Plan • Goal #3: Ensure fairness and consistency in the development review process. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purpose of the zoning regulations is for "promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality". This text amendment is intended to allow for the addition of underground car vaults within a building. Doing so will enhance the character of the town as a residential community of the highest quality by reducing the visual impact of surface parking. It will also reduce the necessity of larger paved driveways to accommodate parking minimums. Staff finds that the proposed text amendment conforms to this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will result in an improved level of development within the town. While lifts are not prohibited at this time, they may be underutilized due to the additional square footage of the GRFA requirement or conflicting with a basement level deduction. Adding this language will keep the Town Code up to date on modern trends Town of Vail Page 4 and allow car vaults to be regulated similarly as they become more popular. This will also have the desired outcome of allowing more parking inside of a structure with no visual addition to the structure. Staff finds that the proposed text amendment conforms to this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The current regulations were not set up with a consideration of car vaults. As time has progressed, these have become more affordable and accessible to the single-family or duplex residence in Vail. Trends predict that these will become more utilized in the future and it would benefit the Town to set explicit regulations around them. Staff finds that the proposed text amendment conforms to this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed language will provide a workable relationship that is consistent with development objectives. The proposed language fits easily into the GRFA exemptions and clarifies that it will not conflict with the basement deduction in subsection six. Staff did not find any conflicts or potential externalities that may arise from explicitly permitting these car vaults with the included criteria. Staff finds that the proposed text amendment conforms to this criterion. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Town of Vail Page 5 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section Vll of the November 8, 2021 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 amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Applicant Narrative, October 27, 2021 Town of Vail Page 6 W I To Amend the Zoning Code to Address the Opportunity for Mechanical Lift Systems to Provide for Parking VU I ;kd Mauriello Planning Group Submitted to the Town of Vail: September 13, 2021 Revised October 4, 2021 Revised October 27, 2021 Revised November 4, 2021 1�I \A/e b b R R C H I T E C T 5 Introduction New technologies have allowed for innovative methods to provide enclosed parking which was not contemplated when the Zoning Code was drafted. While these technologies have been around for a few years for multi -family or commercial usage, these opportunities have actually become more affordable and available to apply to single-family or duplex units. In partnership with KH Webb Architects, Mauriello Planning Group is submitting this application to amend the Zoning Code, in accordance with Section 12-3-7 Amendment, to allow for the opportunity to provide for car lift systems in single-family and duplex residential development. While car lift systems are not prohibited by the Zoning Code, there are other limitations that make the use of them challenging in single-family and duplex zone districts. The amendment is proposed for Section 12-15-3: Definition, Calculation, and Exclusions. This section applies to the following zone districts: • HR - Hillside Residential • SFR - Single -Family Residential • R - Two -Family Residential • PS - Two -Family Primary/Secondary Residential This section provides for various exclusions from the GRFA limits. The proposed amendment would add a ninth exclusion, allowing vaults for car lift systems to be excluded from the calculation of GRFA. The applicant has worked with staff on the language and has proposed the following: Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: a. The vault is only used for the storage of vehicles. b. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16) in height. c. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. d. The vault is only accessible from within the garage. e. Any openings to the vault shall be no larger than the minimum required by Building Code. f. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. Because a single garage space is allowed to be 300 sq. ft., allowing the vault space below to be equal in size is efficient for construction of the foundation of the garage. As the design of the lift system is a scissor lift, this also allows for adequate circulation around the lift for access and maintenance. With most parking spaces having a dimension of 10 ft. by 20 ft. or 200 sq. ft., ideally there would be an additional minimum of 2 ft. on all sides of the lift to allow for adequate access and maintenance area, which would equate to approximately 336 sq. ft. total. With a maximum of 300 sq. ft., access, maintenance, and circulation can be accommodated. There also needs to be space to accommodate an access hatch and latter to the space below outside to the lift platform itself. The 300 sq. ft. also accommodates this need. In 2004, when the GRFA limits were increased, there was also an increase in the number of parking spaces required for homes. Prior to 2004, the parking requirement was a maximum of 2.5 spaces for any home over 2,000 sq. ft. When GRFA was increased, the parking requirements were drastically increased. Current parking requirements for dwelling units is as follows: <2000 sq. ft. = 2 spaces 2,000 sq. ft. - 3,999 sq. ft. = 3 spaces 4,000 sq. ft. - 5,499 sq. ft. = 4 spaces >5,500 sq. ft. = 5 spaces Homes now require significantly more parking than what was required previously. The increased parking requirements have caused projects to have significantly more pavement and more site disturbance to construct the additional parking spaces. At the same time, there was no increase in garage credit of 600 sq. ft. per dwelling unit, which equates to approximately 2 parking spaces. The construction of garage area in excess of 600 sq. ft. counts towards GRFA limitations. However, people are unlikely to build enclosed parking that counts towards GRFA as living area is more valuable than garage space. If a homeowner does choose to build a larger garage, it creates a larger footprint, impacting a greater area of the site. Stacking parking, rather than double loading spaces, is a smaller footprint, with less land dedicated to parking. Mechanical parking systems are therefore more efficient and have reduced impact on the environment. It is the intent of the text amendment that a car lift system will not impact the bulk and mass of residential structures because the vault is entirely underground. As a result, there is little impact to adjacent property owners. In fact, adjacent property owners will benefit from additional enclosed parking rather than having to view parked cars and excessive paved areas. A car lift system will likely be most beneficial for homeowners looking to do additions to existing homes. The current regulations often require the creation of additional parking to serve the new GRFA of an addition. Instead of providing additional pavement to address the parking requirement, a car lift system could allow a homeowner to provide additional enclosed parking within an existing garage footprint. Car Lift Systems Car lift systems have become more common in multi -family and commercial development. In communities with little available land, it is a more efficient use of land. Additionally, it can be much more cost-effective to "stack" vehicles rather than double -loading them. The technology is not new, but until recently, has been cost -prohibitive for many homeowners. However, the technology has become more affordable and applications in residential development are being explored by many homeowners. Generally, the biggest advantage is more parking in less space. For residential projects, the intent of the proposal is that the garage level will count towards the garage credit exclusion. The car drives in at that level, parks, and then is lowered into the vault which is a level completely below grade. Another car can then park on top of the car within the vault. For mechanical equipment, there may be an additional space within the vault but below the level that the car is parked. This area is referred to as the mechanical pit. It is the intention of the proposed amendment that neither the vault or the pit within the vault count towards either GRFA or the garage credit exclusion. Entry Level at Grade Parking Vault Below Grade 0 Mechanical Pit Criteria for Review of Zoning Text Amendment Section 12-3-7: Amendment provides the criteria for review for a text amendment. This section states: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment. (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Section 12-1-2: Purpose provides the general and specific purposes of the Town's Zoning Code. The purposes are: G. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. The general purposes of the Town's Zoning Regulations identify "conserving and enhancing the natural environment." The overall goal of the proposed amendment to allow for car lift systems is to allow homeowners a creative method of providing required enclosed parking. This means that there will be less reliance on additional surface parking and the ability for homeowners to provide additional pervious landscape area, which is beneficial to the natural environment. H. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Of the above -listed specific purposes, the applicant believes that the proposed amendment furthers two: 4. To promote adequate and appropriately located off street parking and loading facilities. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. The proposed amendment encourages the use of a mechanical lift system to allow for stacked enclosed parking, which helps to provide appropriately located off-street parking, with no impact on adjacent property owners and no impact on the bulk and mass of homes. Furthermore, by encouraging this option, there is less impervious area dedicated to surface parking. This is beneficial to the environment as impervious area contributes to stormwater run-off, impacting the local stream ecosystem. (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: One of the desirable outcomes of car lift systems is the minimization of surface parking. The impervious surface of parking areas increases storm -water runoff and less opportunity for landscape area. The following graphic is intended to outline the benefits of allowing for car lift systems. Example: Duplex Residence with 4,000 sq. ft. of GRFA in each unit Parking Requirement: 4 spaces per unit Garage "Credit" or Exclusion: 600 sq. ft. per unit / 2 enclosed spaces per unit Current Regulations: surface surface surface surface enclosed enclosed 9x19 9x19 enclosed enclosed 9x19 9x19 171 sq. ft. 171 sq. ft. 171 sq. ft. 171 sq. ft. = 694 sq. ft. of impervious area to meet minimum parking requirements Proposed Amendment: enclosed enclosed enclosed enclosed enclosed enclosed enclosed enclosed = stacking the parking allows for 694 sq. ft. of additional landscape area as all parking is enclosed The Vail Land Use Plan provides the following Goals and Policies, which are furthered by this proposed amendment. 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. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: Innovation in parking technologies have created opportunities that the Town's Zoning Code did not contemplate. The ability to stack parked cars in an enclosed environment is relatively new, but the application of within single-family or duplex residences remains cutting-edge. Providing stacked parking with no impact to a structure's bulk and mass is beneficial. However, the Town's GRFA limitations make it challenging. The proposed text amendment will allow the vault of the system to be excluded from the calculation of GRFA. This is appropriate as the space is unfinished, inaccessible except for maintenance uses, and cannot be used for livable area. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: In consideration of the proposed amendment, one of the primary goals was to draft an amendment that would encourage the use of a lift system while not increasing the bulk and mass of a structure. The amendment is structured to allow the lift system that creates additional parking below -grade so as to remain consistent with the Town's bulk and mass standards, along with the Design Guidelines. One of the hurdles of using a mechanical car lift system is the GRFA restrictions. The proposed amendment maintains the integrity of the GRFA requirements, but excludes the space required below -grade from the GRFA calculations. As a result, the the proposed text amendment is consistent with municipal development objectives and is harmonious with the existing land use regulations. (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: The applicant can provide any additional information requested by the Planning and Environmental Commission or Town Council. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 8, 2021 ITEM/TOPIC: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/1-ot 1, Lodge Subdivision, and setting forth details in regard thereto. (PEC21-0027) ATTACHM ENTS: File Name Description PEC21-0027 Staff Reoort.odf Staff Memorandum Attachment A. Site Plan.odf Attachment A. Site Plan 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 8, 2021 SUBJECT: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1, Lodge Subdivision, and setting forth details in regard thereto. (PEC21-0027) Applicant: Charley Viola (Yama Sushi) Planner: Jonathan Spence SUMMARY The applicant, Charley Viola with Yama's Restaurant, 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 dining patio for Yama's Restaurant along Gore Creek Drive. The location of the proposed outdoor patio has been reviewed and approved, as conditioned, by the Public Works, Town Clerk, and the Fire Departments. The general location of the outdoor dining area can be seen in the photo below: A site plan (Attachment A) has been included for review. III. BACKGROUND With the onset of the COVID pandemic in the spring of 2020, Governor Polis enacted a state-wide order on May 15, 2020 allowing municipalities to temporarily expand outdoor seating and related liquor consumption areas through an expedited process. In turn, the Vail Town Council allowed the administrative review for the expansion or initiation of outdoor dining. This state authorization was extended earlier in the summer of 2021 with an expiration of October 31, 2021. Due to the extent of positive feedback received, the Vail Town Council has directed staff to work with the restaurant community towards permanent approval. Within Vail Village, outdoor dining is a Conditional Use on both private and public property with the exception of West Meadow Drive. (The majority of Vail Village is zoned Commercial Core One (CC1) while West Meadow has a Public Accommodations zoning.) With the expiration of the town resolution, establishments wishing to formalize a revision to the pre-COVID dining layout, or a dining patio initiated through COVID measures are required to go through the Conditional Use review process. The Vail Town Council passed a blanket "Permission to Proceed" authorization earlier in 2021 for Town of Vail Page 2 the inclusion of Town property within development applications. Town staff from Community Development and the Town Clerk's Office will document the final patio layout and its measurements for purposes of this application and related town liquor license and lease arrangements. The Lodge Building, located at 174 Gore Creek Drive Street was constructed in 1969 and provides for retail, restaurant, and residential uses. According to the Official Zoning Map for the Town of Vail, the Lodge 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 CC1 District. Pursuant to the provisions of the CC1 District, the development and operation of outdoor patios requires 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 12-7B Commercial Core 1 (CCI) District (in part) 12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The 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 pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 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 CCI 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 Town of Vail Page 3 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 the general consensus once the public 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 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) Town of Vail Page 4 The Vail Village Master Plan is based on the premise that the Village can be planned and designed. 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 an 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 INDUSTRY AND PROMOTE YEAR- ROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 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 nightlife and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance Town of Vail Page 5 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: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA Zoning District Outdoor Recreation District Commercial Core 1 District Outdoor Recreation 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: 1. 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 space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section IV of this report. Staff finds this criterion to be met. Town of Vail Page 6 Land Use Designation North: Village Master Plan South: Village Master Plan East: Village Master Plan West: Village Master Plan VII. REVIEW CRITERIA Zoning District Outdoor Recreation District Commercial Core 1 District Outdoor Recreation 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: 1. 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 space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section IV of this report. Staff finds this criterion to be met. Town of Vail Page 6 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities' needs. 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: As conditioned, the at -grade outdoor patio will have minimal effect on pedestrian movement or safety in the area. There is no vehicular access in this area and the 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 to the area. No adverse effects on the character of the area are anticipated. 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, Town of Vail Page 7 pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1, Lodge Subdivision, and setting forth details in regard thereto. (PEC21-0027) Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1, Lodge Subdivision, 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. 2. The applicant shall operate the outdoor patio in a manner generally consistent with the approved site plan included as an attachment to this November 8, 2021 memorandum. Should the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Sections Vll of the Staff memorandum to the Planning and Environmental Commission dated November 8, 2021, 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, 3. The proposed Conditional Use Permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Site Plan Town of Vail Page 8 Town of Vail Page 9 I \�27 `'ca VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 8, 2021 ITEM/TOPIC: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/LotA Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0037) ATTACHM ENTS: File Name Description PEC21-0037 Staff Reoort.odf Staff Memorandum Attachment A. Photos and Plans.odf Attachment A. Site Plan and photos 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 8, 2021 SUBJECT: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0037) Applicant: Drew Riley (Russell's) Planner: Jonathan Spence I. SUMMARY The applicant, Drew Riley with Russell's Restaurant, 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. This application was presented before the Planning and Environmental Commission on October 22, 2021 The Commission continued the application to the November 8th meeting for additional information concerning the proposed dining layout. Staff has worked with the applicant on a more refined approach, specifically as it related to the proposed table near the covered bridge. 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 dining patio for Russell's Restaurant along Bridge Street. The location of the proposed outdoor patio has been reviewed and approved, as conditioned, by the Public Works, Town Clerk, and the Fire Departments. The following conditions are proposed specific to this request: The plan will be modified to have the outdoor seating limited to two tables replacing the existing bench and one table in front of the garden (total of 3 tables). 2. The outdoor seating barricade, to be reviewed by the DRB, shall not be placed more than two feet from the face of the wall (not the recess where the bench is). Plastic fencing is not permitted per the town code. The Town is no longer recommending or allowing the use of post sleeves within the pavers. 3. All tables, chairs and barriers shall be completely removed every evening and not stored against the wall, to enable TOV cleaning. A revised site plan and related photos (Attachment A) are included for review. III. BACKGROUND With the onset of the COVID pandemic in the spring of 2020, Governor Polis enacted a state-wide order on May 15, 2020 allowing municipalities to temporarily expand outdoor seating and related liquor consumption areas through an expedited process. In turn, the Vail Town Council allowed the administrative review for the expansion or initiation of outdoor dining. This state authorization was extended earlier in the summer of 2021 with an expiration of October 31, 2021. Due to the extent of positive feedback received, the Vail Town Council has directed staff to work with the restaurant community towards permanent approval. Within Vail Village, outdoor dining is a Conditional Use on both private and public property with the exception of West Meadow Drive. (The majority of Vail Village is zoned Commercial Core One (CC1) while West Meadow has a Public Accommodations zoning.) With the expiration of the town resolution, establishments wishing to formalize a revision to the pre-COVID dining layout, or a dining patio initiated through COVID measures are required to go through the Conditional Use review process. The Vail Town Council passed a blanket "Permission to Proceed" authorization earlier in 2021 for the inclusion of Town property within development applications. Town staff from Community Development and the Town Clerk's Office will document the final patio layout and its measurements for purposes of this application and related town liquor license and lease arrangements. The P & R Condominium Building, located at 228 Bridge Street was constructed in 1963 and provides for ski storage, restaurant, and residential uses. According to the Official Zoning Map for the Town of Vail, the P & R Condominium 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 CC1 District. Pursuant to the provisions of the CC1 District, the development and operation of outdoor patios requires approval and issuance of a Conditional Use Permit. Town of Vail Page 2 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 12-7B Commercial Core 1 (CCI) District (in part) 12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The 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 pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 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 CCI 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 the general consensus once the public 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: Town of Vail Page 3 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 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. 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 an 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. Town of Vail Page 4 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- ROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 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 nightlife 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. Town of Vail Page 5 V UI Policy 3.3.2: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use SURROUNDING LAND USES AND ZONING Land Use Designation North: Village Master Plan South: Village Master Plan East: Village Master Plan West: Village Master Plan VII. REVIEW CRITERIA Zoning District Outdoor Recreation District Commercial Core 1 District Outdoor Recreation 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: 1. 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 space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section IV 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, Town of Vail Page 6 maneuverability, and removal of snow from the street and parking areas. Staff Analysis: As conditioned, the at -grade outdoor patio will have minimal effect on pedestrian movement or safety in the area. There is no vehicular access in this area and the 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 to the area. No adverse effects on the character of the area are anticipated. 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 12-16, Conditional Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0037) Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town of Vail Page 7 Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- 1. onditions: 1. Prior to submitting for the required DRB, the plan will be modified to have the outdoor seating limited to two tables replacing the existing bench and one table in front of the garden. (Total of 3 tables) 2. The outdoor seating barricade, to be reviewed by the DRB, shall not be placed more than two feet from the face of the wall (not the recess where the bench is). 3. All tables, chairs and barriers shall be completely removed every evening and not stored against the wall. 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 November 8, 2021, 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 Permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 3. The proposed Conditional Use Permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Site Plan and photos Town of Vail Page 8 We would like to have our outdoor seating/serving area right outside of our windows along Bridge Street become permanent. We would also like to apply and get an additional serving area right in front of the summer vegetable garden. We were allowed to have seating on Bridge Street during the COVID-19 pandemic. We would like to continue to offer outdoor seating to enhance the guest experience. If we are approved for this outdoor seating area, we would only use it during the summer as no one wants to be in the cold enjoying a nice steak. We would also buy nice outdoor furniture to have out there with umbrellas. An example of this would be similar to what the Red Lion, Vendettas, Blue Cow, Big Bear Bistro, or 7 Hermits has outside right now. We would get black umbrellas to match our awnings. We would also get a barrier setup to rope off our area. The barrier would have an opening next to our front steps, run along Bridge Street and close off our area at Bridge Street Lockers. Please see the picture below showing dimensions and general area of where the barrier would be. 7.16' Gondola One ■ 13.3' Covered Bridge 15.3' Entrance To 2 Serving Area EW EW 3.33' Bridge 8 5' 12.83' 13.58' Street Lockers Russell's We would also have another serving area at the garden patch. This would be just one table and ideal for a 2 top during the summer. Being that close to the garden would greatly enhance the dining experience. We would advise everyone who sat there to not touch the garden. The barrier for the garden area would run parallel to the Covered Bridge and then make a right angle headed parallel to Gore Creek. There would be an opening closest to the steps going down along Gore Creek to serve these customers. Please see the picture below showing dimensions and locations ofthe barrier. 0 You mentioned you would like to install consistent barriers that match other outdoor areas in town. We are OK with doing this if we can store these barriers outside. We would take the barriers down at night after service and set them up in the afternoon before service. We would also like to use the following barriers or something similar. Having more of a barrier between people dining and the rest of the crowd is essential. Please let me know if you have any other questions or need more information. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 8, 2021 ITEM/TOPIC: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 223 Gore Creek Drive Unit E/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0052) The applicant has requested this item be tabled. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 8, 2021 ITEM/TOPIC: A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 193 Gore Creek Drive Unit B/TractA, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0034) This application has been withdrawn. No action necessary. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: October 25, 2021 PEC Results ATTACHM ENTS: File Name Description oec results 102521.odf October 25, 2021 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION October 25, 2021, 1:00 PM Town Council Chambers and Virtual on Zoom 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom. us/webinar/register/W N_QJ ybkNzgQ2eMGMYxH6FEOg 1.2. Attendance Present: Ludwig Kurz, Brian Gillette, Henry Pratt, Rollie Kjesbo, Karen Perez, Reid Phillips, Pete Seibert Absent: None Main Agenda 2.1. A request for the review of an amendment to a Conditional Use Permit, 20 min. pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC20-0026) Applicant: Vail Mountain School Planner: Jonathan Spence Kurz says Commissioner Pratt will join after the first item on the agenda Planning Manager Jonathan Spence provides the history of the application and introduces the applicants. Dominic Mauriello represents Vail Mountain School (VMS). He references his memo to the board and asks for a tabling to next summer. He references various ongoing and future studies. He says it doesn't make sense to do engineering on roadway improvements until studies are complete. Mauriello quickly goes over the items in the memo. The applicants are also looking at other issues on campus like stacking, and ways to address this. The one lane exit on the frontage road could be changed. They are also studying the employee housing property and ingress and egress in that lot. He is asking for a tabling until all issues can be addressed. Kurz is disappointed that we're so late in resolving a problem that has been there since 2000. Now we're being asked to kick the can down the road another six months. He would be more upset if Tom Kassmel didn't think that extra time was necessary. He hopes school and staff make sure that we're ahead of the game for future reference. Other than that, he is in favor of granting the timeframe. Perez is disappointed, she references the timeline from the original presentation in April. She is discouraged that they had exceeded the limit in 2014 and nothing was done at that time. She is frustrated at the delays; this is not a new issue and the school is well aware of it. If this didn't have to do with education, she would want to pull the use permit. VMS thinks the conditions of its permit don't affect it. In deference to Tom Kassmel, she understands the extension, but would not want to extend it longer — it is unacceptable Phillips asks when VMS became aware they were non -conforming. Mauriello does not know the exact date, says there is new management at the school. Perez reiterates the 2014 point. Phillips asks for clarification. Spence talks about past applications regarding the parking and greenhouse. Gillette asks when people knew there was an issue with the frontage road? Spence is not certain. Mauriello says everyone was not aware it would need a CDOTAccess Permit. The school side did not know it meant millions of dollars. The school wants to do the right thing and are paying attention to this issue. They are trying to address these things correctly. Perez asks what was done in the last 6 months other than forming a committee? Mauriello says they have hired a team of consultants and experts, they talked to van services, are looking at studies, and put together an application for a school zone permit submitted in August. They are coordinating with the town for school zone study. They are taking the issue seriously and trying to do thing immediately and solve long term issues Phillips asks about what specifically was done in 2014? Perez says they knew they were over the condition in 2014. Kurz summarizes the board's concerns. He says we should go with the extension but there is a clear message to the process needed. Kjesbo agrees and says they will have to modify their plans for what CDOT says anyway. He doesn't see much choice in the delay. Kurz references a different use for the existing berm. He feels strongly that the berm is not sacred. Mauriello says the berm is in the right of way and they have a permit from CDOT but he takes the point. Amended Motion for continuation with a meeting in July of 2022 Board discusses the proper date for the next meeting. Rollie Kjesbo moved to continue to July 2022. Brian Gillette seconded the motion and it passed (6-0). Abstain: (1) Pratt 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 15 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to add an exemption to allow vaults for car lift systems to be excluded from the GRFA calculation and setting forth details in regard thereto. (PEC21-0046) The applicant requests this item be tabled to November 8, 2021. Applicant: KH Webb Architects & Mauriello Planning Group Planner: Greg Roy Rollie Kjesbo moved to table to November 8, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3, 20 min. Plat Procedure and Criteria for Review, Vail Town Code, to allow for an adjustment to the location of the platted building envelope for Lot 14, First Amendment to Spraddle Creek Estates, located at 1326 Spraddle Creek Road, and setting forth details in regard thereto. (PEC21-0049) Applicant: SC Mountain Top LLC and TLM Realty Holding LLC, represented by Davis Urban LLC and English & Assoc. Planner: Greg Roy Planner Roy introduces application and goes through presentation. He introduces the applicants. Gillette asks about previous discussion regarding building envelopes here. Roy doesn't recall that specifically. Spence talks about the past history of the lot, there have been no changes to GRFA or site coverage. Gillette asks if notification to neighbors is required? Spence says the neighbors approved it during the application process. Matt Davis is the applicant; he says he is happy to take questions. Kurz asks for public input. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (7-0). 2.4. A request for a recommendation to the Vail Town Council for a Prescribed 60 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-14-17 Setback From Watercourse and add a new Section 12-21-17 Riparian Protection and Waterbody Setback Regulations, Vail Town Code, to change the waterbody setbacks, and setting forth details in regard thereto. (PEC21-0043) Applicant: Town of Vail, represented by Pete Wadden Planner: Greg Roy Roy goes through a presentation on the history of the proposal and addresses some changes and the criteria for review. He introduces the applicants. Environmental Director Kristen Bertuglia walks through the history of the Gore Creek Strategic Plan. She references the identified sources of impairment of Gore Creek. She talks about the community and stakeholder input in the process, as well as the actions of the Town of Vail in service to the Gore Creek plan. We're here today for the last recommended strategy which is regulation. She believes we have arrived at the most appropriate solution and introduces Wadden. Watershed Education Coordinator Peter Wadden goes through a presentation which addresses the questions the board had from the last meeting. He talks about the goals from the Gore Creek Strategic Plan. He talks about the criteria for an effective regulation. He addresses the effectiveness of setbacks of different widths. He says the centerline setback is inconsistent and ineffective. He talks about how the town has dealt with non -conformity in the past with items like wood shake shingles and the W UI code. He addresses the number of non -conforming properties with the different setback distances. He talks about the actions' property owners can take. He reviews the public outreach accomplished since the last meeting. He talks about the implications of non -conformity as it relates to the streambank setbacks. He talks about the definition of the ordinary high-water mark (OHW M). Wadden introduces Jason Carey, the Principal River Engineer of River Restoration. Carey talks about his past work and how it relates to Vail. He says the OW HM allows the setbacks to be different in different places. It is a more logical approach from a healthy river standpoint. He talks about two major federal regulations: FEMA national flood insurance (100 -year floodplain), and waters and wetlands defined under the Clean Water Act administer by the Corps of Engineers. He talks about Vail's goals, and recommends following the FEMA model as a good way to empower local communities. He talks about the FEMA process and how that can be applied at the local level. The goal is to establish a baseline that can be administered and regulated locally. Variances to the line can be requested from the floodplain administrator. He recommends using this model but with two-year elevations. It would be modeled after the existing process in Vail with the 100 year. Gillette asks if the 2 -year mapping has been done. Wadden confirms yes. Gillette asks how the 2 -year line relates to the 100 -year floodplain? Wadden says the 100 -year line is further out than the two years. The 2 -year line is based on the two-year average and used to determine the OHW M. Carey says it is a statistical average of historical runoff. Over 30 years of data is evaluated to determine the two-year flood line. Gillette asks if the town is eligible for FEMA flood insurance? Carey confirms. Wadden says the proposal has no impact on the 100 -year floodplain. It is the same process, but the elevations are different. Pratt asks about the letter from Alderman -Bernstein. They are not affected but they raise an interesting point. Wadden clarifies — Pratty says never mind. Gillette asks how are they involved if they're not affected by the regulation? Roy clarifies that the notification was sent to all property owners in Vail. Pratt asks if their threats were hollow? Wadden says he's not qualified to comment, but the town attorney is drafting a response. Kurz asks if the proposal has been vetted by the town attorney. Wadden says it has along with the proposed code language. Kjesbo is generally supportive. He asks when issues arise in the future, will this be reviewed by staff? He also references a future project as it relates to stormwater management and impacts. Wadden talks about how other towns handle stormwater impacts. He says we're not proposing any code changes that would dictate that at this point. Kjesbo says that could be something for future consideration. Gillette asks about the project Kjesbo referenced. He says Public Works usually keeps good track of that. Kjesbo clarifies the details of the referenced projects. With best practices, some will do it, some wont. Wadden says it has been discussed internally, it is something to consider in the future. Roy says in practice when properties are redeveloped around the creek, environmental makes comments on best practices. Phillips says the new proposal puts 26 properties in non-compliance. He asks if they only realize that status during redevelopment. Wadden confirms. Phillips says this doesn't initiate an immediate hardship on the property. They are non-compliant only in redevelopment. Wadden says there are properties that have remained non-compliant for decades. When they rebuild is the only time they must come into compliance. Gillette asks about remodeling a deck that's non -conforming. Roy says if you start enlarging a deck the conformity would come into play. Gillette asks about different criteria for theoretical deck expansion. Roy explains current regulations. Spence says if a deck is non -conforming, maintenance is the only work that would not require coming into compliance. Gillette asks about non -conforming landscaping. Roy says generally you only have to bring into conformance the area that is non -conforming if that is in the scope of the project. Gillette clarifies if a remodel project is big enough, more compliance issues come into play. Roy says if you're removing 50% of the GRFA, that comes into play. He talks about other benchmarks like building materials with 500 square foot additions and that there are multiple benchmarks that trigger different requirements. Gillette clarifies that the benchmark here is a voluntary remodel, Roy confirms. Pratt cites a public letter, proposing that you can trade setback distance for increased riparian zone. Wadden says staff has discussed this, and the goal is to create something that is standard and uniform across town. The current regulations can confuse people, there is value in having a standard across town. It would be difficult to enforce the proposed idea. We'd run into issues if we were shrinking the distance between setback and riparian zone. Roy says the counsel and public would like more time, so they will be asking for a continuation today. Kurz asks if there are funds available to help homeowners. Wadden says homeowners are not required to do anything that would cost them money. We would ask them to stop mowing within 10' of the creek. If the ordinance is adopted by the PEC and Town Council, he will ask for funds to that effect. Kurz asks for public comment. Gillette asks for feedback from the town attorney of any legal ramifications. Roy confirms. Bellm says there are several people online and in the room that would like to speak. Kurz says they will allow three minutes each for public comment and not necessarily engage in back and forth Linn Brooks is the General Manager of Eagle River Water & Sanitation District. She talks about water sampling done in the past. Gore Creek was significantly impacted, and urbanization was the primary stressor. She talks about the factors that influence this and how Gore Creek was listed on 303D list. She brings up the Urban Runoff group and its actions. The river is getting healthier, and the setback ordinance will allow nature to return the stream to a healthier state. Several years ago the Town Council set the goal of getting Gore Creek off the list and this will require the regulations such as the one here today. For these reasons, ERW SD supports the proposal. John Rediker asks about the definition of the OHW M. How will future drought conditions impact this, and is the calculation always a rolling 30 years? Do we need to define 2 year floodline? Gillette says we're not answering questions right now but made a note of the questions. Mauriello speaks on behalf of the Evergreen Lodge. He is glad to hear that they're not asking for a final decision today. He says the proposed language you have has not been fully vetted by Kendra Carberry and hopes they will not take action today. He has three main issues. The first is the OHW M line and where it is located? He doesn't know if there will be a full dataset to establish this line throughout town. He references the letter to the board, and the methodology of how you determine the OHW M. He says we're in favor of identifying the OHW M and need to know where that is. He says he is recommending a 20' setback, but also wonders what a 22' setback would look like. How it would affect non -conforming structures and acreage. He also brings up the tributaries and says he will submit additional comments in writing. Wendall Porterfield speaks for homeowners in the 11th filing. He has some confusion about how the 2 -year floodline is determined and asks for clarification. He also asks about the code language, whether "shall" means has to be. He also asks if projects like deck enlargements can go into the riparian zone? He references the streambank protection ordinance, and whether this would apply to town property equally? He asks if the golf course would be impacted, as they might be one of the primary causes here. Devin Duvall is the District Wildlife Manager for Colorado Parks and Wildlife. He expresses support for the ordinance. He says recent events underscores the need for this type of regulation. He asks the board to look at written comments from his agency. He says riparian zones occupy a small amount of land yet have a disproportionate impact. Most wildlife depends on them, they serve as wildlife corridors and they remove pollutants. Gore Creek is a Gold Medal Fishery, and anglers contribute to Eagle County economy. He reiterates his support for the proposed ordinance. Rodney Linafelter says he is strongly in support of the proposal. As a recreational user of the creek, he has noticed a large amount of non-native sand that is appearing. He used to live on Booth Creek, at one point he was informed he was non-compliant with a structure and landscaping and worked with staff to address this. He references another case he heard where the developers of properties were awarded utilities in exchange for easements. His final question is whether we are addressing Gore Creek or the tributaries as well? Siri Roman is Director of Operations for ERW SD and a resident of Vail. Her children are often in the creek and it means a lot to their family. While the ordinance is a takeaway for some, she asks the board to consider the community impacts of a healthier creek. It will take tough decisions like this to preserve Gore Creek and its tributaries. She says this will be important with increased flooding from climate change and talks about some of the effects of the Mill Creek incident. Carrie Bernstein is an attorney from Alderman Bernstein. She submitted a letter on behalf of her clients; the Delpontes at 3070 Booth Creek Drive. She says the Town of Vail is condemning the portion of his property that is on Gore Creek. If the case proceeds there is some truth that the client and others will not have creekside property. This buffer will go right up to his building and patio. The impact to private property rights is missing from the discussion today. She says the 10' zone is a regulatory taking and a significant impact to property rights. She says the Town of Vail should pay compensation for this. James Dilzell speaks from Eagle River Watershed Council. The council supports the proposal, and he talks about the importance of the riparian area. He says stormwater runoff is an increasing threat to the river. Property owners often find increased value once the areas are established, this will lessen the degradation of environmental zones. He thinks this is a critical next step. Kurz asks if Wadden would like to comment on questions. Wadden says he will have more detailed data available on the OHW M moving forward. We are not condemning properties, that is a town -owned parcel. There is no debate about the Delponte property extending to the stream. Pratt asks if he is more than 25' from the river he is not affected. Wadden says that is correct. The property has not been specifically surveyed but Town maps indicate that the proposed setback lines do not extend as far as Mr. Delponte's property line. Pratt says he is a homeowner on the creek. He is in favor of the goals but says anything less than 30' is not as effective so it may be arbitrary numbers at that point. He says he is not a lawyer but thinks creating new non- conforming properties could be considered a taking. He asks staff to consider a system that trades expanded riparian buffer to shrink the building setback. Siebert had these concerns last time regarding takings. But he considered if we don't do anything, the taking that occurs is that the stream is degraded down the road. There is a benefit the property owners are getting, that should also be considered. Gillette brings up the comment about sand in the river. Wadden says this has been identified by staff. Staff has worked with CDOT to address this, he references the East Vail Exchange, and West Vail Pass Expansion. Black Gore Creek has a healthy bug population with higher sand levels, while Gore Creek has bug populations that do not meet state standards. There are things going on in Vail that impact the creek beyond the traction sand. He says we have to consider the tradeoffs being in a semi -urban environment. Gillette references the comments about the OHW M. Are they moving or fixed metrics? Wadden says they can be updated on a regular timescale, and there is an opportunity for residents to appeal the line. He says increased technology like lidar can help measure this, and streams are dynamic systems. Gillette says we could have more or fewer non -conforming structures in the future. Wadden says if we restore riparian habitat, it's less likely people will lose land to erosion. We can't predict accurately right now if there would be more or less non -conforming properties in the future, streams are always changing. Gillette references a property where 50 feet washed out. Wadden says they haven't established a timescale for readdressing these numbers. Roy says we don't have them for the GSA hazards, it could be included in the proposal. Wadden talks about FEMA floodline. Properties that have lost streambank have been permitted to reestablish property they have. Having a line now will establish a baseline of where we are now. Gillette asks if the ordinance discusses reclaiming property Perez says the ordinance is well intentioned, but there is a lot more that needs to be done to provide clarity. Changing from the centerline method to OHW M we are making things less certain for the community and property owners. There is uncertain language regarding the OHW M. She has concerns about the legal ramifications of this. She asks why we are going from the centerline to the OHW M. She is not sure if it is worth the uncertainty we are potentially creating. Gillette asks why we're switching to the 2 -year floodline? Wadden says equity and uniformity around town are the primary motivations. It creates a more uniform setback rather than the inconsistency of the centerline. Gillette asks about the two methods and if the centerline moves? Wadden says it does change. The OHW M is sensitive to bank changes and erosion. Perez asks if the OHW M changes every two years? Wadden says it doesn't change every two years. The 30 -year dataset determines the average of the highest waterline in a two-year period. We could set a timeline to change these numbers as appropriate. Gillette asks when going from the centerline to 2 -year high water mark is it harder to determine. It seems they are equally difficult to determine. Wadden says it is easier to determine the high-water mark. The dataset will be made available soon. Gillette says that dataset should be produced where the public can react to it before the final meeting. Phillips says the centerline of the river has changed significantly. From a consistency standpoint, the OHW M moves less than the centerline. Gillette asks if redevelopment uses off a map that exists. Phillips asks how old is the current map? Wadden is not sure, it could be around 2002. Kjesbo asks about the 2 -year high water mark calculation. Wadden clarifies. Gillette asks for further clarification on the calculation. Carey says it is a statistical analysis of flows that happen every year. Kjesbo would like clarification for the board and for the public as well. Carey says the 2 -year floodline is analogous to the 100 -year floodline. Perez is confused about the calculation like the other board members. She doesn't understand the 2 -year floodline methodology and would like further clarification. Gillette says it is important how often the map is updated. Perez asks if that is true of the centerline and when it was updated. Wadden confirms, says it was last updated a couple decades ago. People could hire a wetlands specialist as part of an appeal of the elevation -based baseline. Perez asks how much this would cost? Wadden says the cost of a surveyor's time. Perez says it is shifting the burden to a homeowner. Gillette asks if you can appeal the 100 -year marks today? Carey says you can through an involved process. In order to regulate, Vail needs a baseline to regulate against, which is what this system does. Gillette asks if you can appeal the setbacks of the centerline right now? Wadden thinks you can have them surveyed Pratt says it is similar to the hazard's maps, an engineer or surveyor can look at the site. Phillips says we all support this effort, but we want to establish standards that are discernable to the public. He says an updated centerline map would help. It's important to get a little more data, otherwise we're spinning our wheels. He says we need to clarify some things for property owners and the town. Gillette asks if the centerline was resurveyed? Wadden says it was not as part of that process, and that he will provide the OHW M dataset. He thanks for board for feedback as the process is making a for a better ordinance. Phillips says the group needs to do due diligence on this. Pratt says he had to survey when he his property went right ne)d to a setback line. Mauriello says the streambank setbacks are happening in real time because the surveyors do it as part of an application. It has always been incumbent upon property owners to provide that data in real time. There is no regular updating of hazard maps. The only updates he is aware of is when the applicant comes in to apply for such. Gillette asks if the OHW M can be identified visually, why is it a confusing metric? Mauriello says he's been advocating for surveyors doing it by visual inspection. He wants to allow both methodologies, and the least restrictive on the property owner should be the one that is used. Phillips is not sure that's a great tradeoff. He says we're also trying to protect the environmental health of the river. Mauriello suggests increasing the no -mow zone. He says to think about what non -conforming status has done to the entirety of West Vail. People don't want to redevelop and lose what they have. Gillette asks for Wadden's response. Wadden says the maps do not have regulatory sway. Both methods need to be surveyed on the ground. The elevations establish a baseline that make it easier for surveyors. The method Mauriello referred to is ecologically based. Staff believes the elevation method is more effective as a regulation because it is not open to debate. There is still an opportunity for subjectivity in the visual method. An elevations -based baseline leaves less open for debate. Gillette asks how hard is the appeals process? Wadden says it would go to the Town Council like the hazard maps. Gillette asks if the appeals can come to the PEC? Roy says the proposed language mimics the appeals process for the hazard maps. Gillette says it should be as simple as delineating your wetlands. Spence says the difference is who has adopted the maps. If we don't have an adopted map, we would have a different process. Gillette says he is trying to get the right process. Roy says we would need something that is adopted by Town Council. Wadden says the town would have to pay to have wetlands delineations done. It is much less labor intensive to adopt lidar. Gillette says we don't have to do it like the hazard maps. Let's establish a baseline, and if not, they can hire a professional. Gillette says appealing to the town council is not an easy process. Phillips says it should not be easy, it should be an elevated process. Ultimately it falls on council; they adopt the maps we are passing this on for recommendation. Gillette says you are getting a better product if you get eyes on the ground Phillips asks are we not doing that already? Wadden says what they've done is based on stream cross-sections with interpolated data in between. Perez says we don't have language to allow people to appeal? Wadden says they do, Roy says it is in Subsection E of the proposal. Kurz wants to bring the debate to a close. The robust discussion shows that the protection of Gore Creek and tributaries is a major issue we need to address. It will not be a perfect solution for everybody, but it's important to continue moving forward. He wants time to allow staff to address these concerns. Rollie Kjesbo moved to table to November 22, 2021. Reid Phillips seconded the motion and it passed (7-0). 2.5. A request for review of a Minor Subdivision, pursuant to Section 13-4, 2 min. Minor Subdivisions, Vail Town Code, to adjust property lines in the vicinity of Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC21-0050) The applicant has requested this item be tabled November 22, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.6. A request for a recommendation to the Vail Town Council for a zone district 2 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing (826 Forest Road) from Two -Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road ROW to Two -Family Primary/Secondary Residential (PS) and setting forth details in regard thereto. (PEC21-0051) The applicant has requested this item be tabled November 22, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.7. A request for the review of a Variance from Section 12-21-12, Restrictions 2 min. in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a variance from the maximum percent of lot covered by driveways and surface parking, in accordance with the provision of Section 12-17, Variances, Vail Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail Village Filing No. 6 and setting forth details in regard thereto. (PEC21- 0045) The applicant has requested this item be tabled November 22, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.8. A request for the review of a Variance from Section 12-21-12, Restrictions 2 min. in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a variance from the maximum percent of lot covered by driveways and surface parking, in accordance with the provision of Section 12-17, Variances, Vail Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6 and setting forth details in regard thereto. (PEC21-0048) The applicant has requested this item be tabled November 22, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. October 11, 2021 PEC Results Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (7-0). 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). 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. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: Novmeber 8, 2021 ITEM/TOPIC: Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. Ad #: Q01tCgeMYuGAajkcxwp8 Customer: Danielle Couch 11/8/21 PEC Agenda PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO) SS COUNTY OF EAGLE) I, Mark Wurzer, do solemnly swear that I am Publisher of, says: The Vail Daily, that the same weekly 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; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 5 Nov 2021 in the issue of said newspaper. Total cost for publication: $54.49 That said newspaper was regularly issued and circulated on those dates. Publi her Subscribed to and sworn to me this date, 11/05/2021 N64W Public, Eagle County, Colorado My commission expires: August 19, 2024 JERI MEDINA NOTARY PUBLIC STATE OF COLORADO y NOTARY 10 20164029599 Advertiser: MYCO'MSIONEXPIRES AUGUSf19.2024 Community Development Department own of Vail 75 S Frontage Rd W Vail, Colorado 81657 9704792139 See Proof on Next Page 11 /8/21 PEC Agenda - Page 1 of 2 PLANNING AND ENVIRONMENTAL COMMISSION November 8, 2021, 1:00 PM Town Council Chambers and Virtual on Zoom 75 S. Frontage Road - Val 1, Colorado, 61657 1.Call to Order 1.1 Register in advance for this webinat: https11 us02web. zoom. ustwebinwhegisterNJN_ tXL0eRs9 ieo5kwg6BBJw 1.2 Attendance 2 -Main Agenda 2.1 A request for a recommendation to the Vail Town Council for a Prescrlbed Re qquulotion Amendment pursuant to Section 127 4merhdmentI Town Cade to amend Section 12-15-0 Definttion, Calculation, and Exclusions, Vail Town Code, to add an exemption to allow vaults for car IR systems to be excluded from the GRFA calculation and setting forth details in regard thereto. (PEC21-0046] 20 min. Applicant: KH We Architects & Mauriello PPlanning Group Planner: Greg Roy 22 A request for review of a Conditional Use Permit, pursuant to Section 12- 16. Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor diningp ppatio, located at 168 Gore Creek Drive Unit 142ILot 1, Lodge Subdivision and setting forth details in regard thereto. (PEC21-6027} 10 min. Applicant: Charley Viola [Yams Sushi) Planner: Jonathan Spence 2.3 A request for review of a Conditional Use Permit, pursuant to Section 12-16, Conditionaf Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 226 Bridge Street. Unit BILotA ak 5, Vail Villa a Filingq 1, and selling forth details in regard theretc- PEC2i- 0037) 10 min. Applicant: Drew Riley {Russell's= Planner: Jonathan Spence 2.4 A request for review of a Conditional Use Permit, pursuant to Section 12-16. Conditional Use Permits, Vail Town Code,,atto allow for the OR x ansion of an outdoor diningot BlloGaled at 22 ock 513, Vail illy Hine 1 Drive unit EIL aagqee pp and setting forth is in regard thereto. (PEC21- 0052) 2 mm - The applicant has requested this item be tabled. Applicant: Michael Stadler (Up the Creek Bar & Grill) Planner. Jonathan Spence 2.5 A reqquest for review of a Conditional Use Perm t, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Cade, to allow for the expansion of an outdoor diningg patio, ionated at 193 Gore Creek Drive Unlit BlTract A, Block 5B, Vail Village Filingp 1, and setting forth details in regard thereto. {PEC21-00341 This applioa ion has been w thdrawn. o action necessary. Applicant: Matt Morgan (Sweet Basil & Mountain ndard) Planner: Jonathan Spence 3. novas of Minutes 3.1 ober 25, 2021 PEC Results 4. Informational Uate 4.1 Update to the anning and Environmental Commission on the =the the Gore Creek Spill report. 5. 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 tc attend the project orientation and the site visN that preoede 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 u pon to deter mi ne at what me the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language PUBLISHIion 48 ED N THEr PAIL DAILYrior to r 1DN FR DAY. NOVEMBER 5, 2021. 11/8/21 PEC Agenda - Page 2 of 2 Ad #: GxzWT6s09rLbh8A92LeX Customer: Danielle Couch 11/8/21 PEC Notice PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO) SS COUNTY OF EAGLE) THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE I, Mark Wurzer, do solemnly swear that I am Publisher of, says: The Vail NOTICE IS HEREBY GIVEN that the Planning and Em€ronmental Commission of the Town of Vail will Daily, that the same weekly newspaper printed, in whole or in part and 36 varpiTlowrieC e enINDaccv`emberah20z ail 0 prn in the Town of Vail Municipal Building. published in the County of Eagle, State of Colorado, and has a general Register in advance for thiswebinar: httpsJfus02web. zoom.usMebinarlreg€sNrNVN_ circulation therein; that said newspaper has been published continuously tX-0eRs9QKIeoSkwg66afw and uninterruptedly in said County of Eagle for a period of more than fifty- A request for remw of a Conditional Use Perri ppursuant m Section 12-16, Conditional Use Permits, two consecutive weeks next prior to the first publication of the annexed Vail Town Code, to allow for the expansionofan outdoor dining gado, located at 168 Gore Creek . legal notice or advertisement; that said newspaper has been admitted to Drive Unit 14 1, theres(PEC21-0on, and setting 9forth details in regard thereto. [PEC21-0027 Appllcaril Charley Viola [Yama Sushi] the United States mails as a periodical under the provisions of the Act of Planner: Jo nam an Spence A request for renew of a Conditional Use Permit, March 3, 1879, or any amendments thereof, and that said newspaper is a UsuanttoSection 12-16, Conditional use Permits, Vail Town Code, to alkra for the ex ansion of an weekly newspaper duly qualified for publishing legal notices and orivde a diBlTm�A; Block located at 9 Vail Gone Frl reeqq 1, and setting forth de taits in regard thereto. (PEC21- advertisements within the meaning of the laws of the State of Colorado. App4cant:Matt Morgan (Sweet BasilBMountain That the annexed legal notice or advertisement was published in the PPlanner_Jonathan Spence regular and entire issue of every number of said weekly newspaper for the Arequest for review ofaConditional Use Pernit, ursuant to Section 12-16, Conditiopnal Use Permits, period of 1 insertion; and that the first publication of said notice was in the outdo° dinnyepp'aatttlo 11loccaow tedat223Go eCreek Drive Lint FJLotF� block 51 Vail Village Filing 1, issue of said newspaper dated 22 Oct 2021 in the issue of said aannd2s}ettingforth details in regard thereto. (III - Applicant: Michael Stader (Up the Creek Bar & Crill) newspaper. Planner: Jonathan Spence The applications and information about the proposals are availahle fol public inspection durin olli hours at the Town of Vaal community Total cost for publication: 35.82 Deve�Opment©e rtment,75South Front ageRead- The public Is I e to attend site visits. Please call 970-479-213B or visit www.vailgov.com/ planning for additional information. That said newspaper was regularly issued and circulated on those dates. withn24�hou�notif�caption. dial 71 1ableupon request PUBLISHED IN THE VAIL DAILY ON FRIDAY, OCTOBER 22, 2021. Publi her Subscribed to and sworn to me this date, 10/22/2021 N64W Public, Eagle County, Colorado My commission expires: August 19, 2024 JERI MEDINA NOTARY PUBLIC STATE OF COLORADO y NOTARY 10 20164029599 Advertiser: MYCO'MSIONEXPIRES AUGUeT19.2024 Community Development Department own of Vail 75 S Frontage Rd W Vail, Colorado 81657 9704792139 11/8/21 PEC Notice - Page 1 of 1