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HomeMy WebLinkAbout2021-12-13 PECPLANNING AND ENVIRONMENTAL COMMISSION December 13, 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 After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Brian Gillette, Rollie Kjesbo, Karen Perez, Reid Phillips, Henry Pratt Absent: None Main Agenda 2.1. 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 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21- 0057) Applicant: Kira Cameron (Hotel Gasthof Gramshammer) Planner: Jonathan Spence 1. This Conditional Use Permit approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The outdoor seating barricade, to be reviewed by the DRB, shall be a stanchion type system that is attached at the west end. 3. All tables, chairs and barriers shall be completely removed every evening and not stored in the landscape area. 4. The placement of the tables and chairs and the operation of the dining patio shall be allowed between the hours of 10:00 A. M. and 10:00 P.M. daily. 5. All components of the operation including tables, chairs, umbrellas and barrier system shall be located to the northside of the change in paver detail which is 9' south of the landscape wall. Planning Manager Spence gives a short presentation about the application. Gillette arrives. There is no public input. Kurz clarifies that the town departments have signed off on the application and asks about the 9 -foot delineation. Spence says that is the fire lane and the applicant will have to keep materials within the line. Perez asks about bike racks on site Spence says there will be none and that the application will require Design Review Board approval. Rollie Kjesbo moved to approve with conditions. Henry Pratt seconded the motion and it passed (6-0). 2.2. A request for the review of a variance from Section 12-6D-9 Site Coverage, 30 min. Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto. (PEC21-0058) Applicant: William & Kimberlee Prescott, represented by Michael Hazard Assoc. Planner: Greg Roy Planner Roy gives a short presentation about the application. Staff is recommending denial of the application based on the findings in the staff memo. Pratt asks a clarifying question about site coverage and have we granted any variances like this before in town? Roy says that the PEC has not granted any variances for this type of request that he is aware of. Michael Hazard represents the applicant. He says his client is under contract on the property. He asks if the Commission will consider the hardship of constructing a home on this narrow and steep lot. There is a 41 % slope on the lot. At the front setback the grad is 16-20 feet above the road. When you consider this, you're relegated to driving into the grade with the driveway. Hazard mentions the neighboring properties. He wants to gain some leniency from the strict interpretation of the code and reiterates the dimensions in the front setback. He compares the dimensions of their lot to the average of the 17 sites in the area and says it is a difficult site. He wants to honor the intent of site coverage by limiting the visibility of the house. Gillette asks about the guidelines for granting a variance. Roy notes the first two criteria and Perez lists the third. Gillette says a variance here warrants considerations. He asks how many sites in this zone district are this steep? Roy doesn't know the exact number but says it's a significant amount. Phillips asks what accommodations the applicant is proposing. He says you're asking for a 22% increase in site coverage, but you haven't reduced the structure to accommodate the parking garage. He says it would help your case if you did that. There isn't a real hardship if you're not making accommodations, you're pushed right to your setbacks. Hazard says we're not asking for more GRFA, we're hoping the additional site coverage is buried in the front to try and respect the intent of site coverage by limiting the visual impact. Phillips says you've maxed out your GRFA without providing for the rest of the structure. Hazard says the request for the addition is the parking in the front, which will be buried. Perez says you don't have a setback for the parking because of the steep grade. She asks about the parking numbers as it relates to site coverage. She says the commission has to look at the criteria strictly, everyone in that area has a steep slope. Hazard says the grade from the edge of the street is an unusual situation not shared by as many other sites. Perez says what you're calling a unique site we would call a special privilege. Staff report indicates that the application doesn't meet criteria one or two. Phillips doesn't agree that it is a truly unique site. He says people have built within these requirements and that it's really difficult to grant this variance. The board can attest to the difficulty of building on some of the last unbuilt lots in town. He says you're not showing a lot of give on the applicant's side to ask for this variance and mentions the hardscape in the proposal. Hazard says the hardscape is within regulations Gillette says it's a tough lot and we have a variance process for a reason We'd like to see that you're doing everything you can to comply with regulations, a little give on your end would go a long way. Roy says site coverage has been the limiting factor for development on some of these smaller lots. Hazard didn't say it was going to be easy. Kjesbo says this would definitely be a grant of privilege, he doesn't see a hardship and you have to design to the town criteria. Pratt agrees with Kjesbo and says that approving additional site coverage is a grant of special privilege. It's an unusual site, but that's just part of the design process, he can't justify granting this. Kurz agrees with fellow commissioners. He says we don't want to set a precedent of special privilege. He also doesn't want to leave the impression that reducing the problem would improve it. Pratt says it's not a give and take situation; it would be a grant of special privilege. Gillette says as it stands now, he wouldn't approve it. Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it passed (6-0). 2.3. 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 to January 10, 2022. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded the motion and it passed (6-0). 2.4. 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 to January 10, 2022. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded the motion and it passed (6-0). 2.5. 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 to January 10, 2022. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded the motion and it passed (6-0). 2.6. 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 to January 10, 2022. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded the motion and it passed (6-0). 2.7. A request for a recommendation to the Vail Town Council for a Prescribed 2 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) The applicant has requested this item be tabled to January 24, 2022. Applicant: Town of Vail, represented by Pete Wadden Planner: Greg Roy Rollie Kjesbo moved to table to January 24, 2022. Karen Perez seconded the motion and it passed (6-0). 3. Approval of Minutes 3.1. November 22, 2021 PEC Results Karen Perez moved to approve. Reid Phillips seconded the motion and it passed (5-0). Abstain: (1) Pratt 4. 1 nformational Update 4.1. Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. Applicant: Planner: 5. Adjournment Karen Perez moved to adjourn. Reid Phillips seconded the motion and it passed (6-0). 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 After registering, you will receive a confirmation email containing information about joining the webinar. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 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 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0057) ATTACHM ENTS: File Name Description PEC21-0057 Staff Reoort.odf Staff Memorandum Attachment A. Rudimentary Site Plan.odf Attachment A. Rudimentary Site Plan Attachment B. Site Photos.odf Attachment B. Site Photos 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 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 an outdoor dining patio, located at 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0057) Applicant: Kira Cameron (Pepi's Restaurant and Bar) Planner: Jonathan Spence SUMMARY The applicant, Kira Cameron with Pepi's Restaurant and Bar, 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 Pepi's Restaurant and Bar along Gore Creek Drive. The location of the proposed outdoor patio has been reviewed and approved by Public Works, the Town Clerk and the Fire Department. The following conditions/recommendations have been agreed to by the applicant and are specific to this request: 1. All components of the operation including tables, chairs, umbrellas and barrier system shall be located to the northside of the change in paver detail which is 9' south of the landscape wall. 2. The outdoor seating barricade, to be reviewed by the DRB, shall be a stanchion type system that is attached to the wall at the west end. The stanchions are necessary to keep patrons from migrating into the pedestrian area. 3. All tables, chairs, umbrellas and barriers shall be completely removed every evening and not stored in the landscape area. This will enable TOV cleaning. 4. The placement of the tables and chairs and the operation of the dining patio shall be allowed between the hours of 10:00 A.M. and 10:00 P.M. daily. A rudimentary plan set (Attachment A) and a photo (Attachment B) are included for review. The ariel photo below shows the general location of the patio: 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, Town of Vail Page 2 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 Gasthof Gramshammer Building was constructed in 1964 and provides for retail, restaurant, lodging, and residential uses. According to the Official Zoning Map for the Town of Vail, the 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 Town of Vail Page 3 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: 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 Town of Vail Page 4 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. 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. Town of Vail Page 5 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. 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 Commercial Core 1 District Commercial Core 1 District Commercial Core 1 District Commercial Core 1 District Before acting on a Conditional Use Permit or Development Plan application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. 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 Commercial Core 1 District Commercial Core 1 District Commercial Core 1 District Commercial Core 1 District Before acting on a Conditional Use Permit or Development Plan application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Town of Vail Page 6 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, as conditioned. Failure to operate and maintain as proposed may result in enforcement action including a revisit of any approval by the Planning and Environmental Commission. Staff finds this criterion to be met, as conditioned. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff Analysis: The at -grade outdoor patio will have a minimal effect on pedestrian movement or safety in the area, as conditioned. The application has been reviewed and approved by the Department of Public Works and the Fire Department. As conditioned, all street furniture and related materials are required to be removed when not in use, reducing congestion and clutter. 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 on 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. Staff finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Town of Vail Page 7 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 (Pepi's Restaurant and Bar), located at 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto (PEC21-0057). 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 installation of an outdoor dining patio (Pepi's Restaurant and Bar), located at 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- 1. onditions: 1. This Conditional Use Permit approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The outdoor seating barricade, to be reviewed by the DRB, shall be a stanchion type system that is attached at the west end. 3. All tables, chairs and barriers shall be completely removed every evening and not stored in the landscape area. 4. The placement of the tables and chairs and the operation of the dining patio shall be allowed between the hours of 10:00 A. M. and 10:00 P.M. daily. 5. All components of the operation including tables, chairs, umbrellas and barrier system shall be located to the northside of the change in paver detail which is 9' south of the landscape wall. Town of Vail Page 8 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 December 13, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds.- The inds: 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. Rudimentary Plan Set B. Photos Town of Vail Page 9 rci 112-171�kxm .1 IYI VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 2021 ITEM/TOPIC: A request for the review ofa variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto. (PEC21-0058) ATTACHM ENTS: File Name PEC21-0058 Staff Memo (final).pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant Narrative.pdf Attachment C. Project Plans.pdf Description PEC21-0058 Staff Memo Attachment A. Vicinity Map Attachment B. Applicant Narrative Attachment C. Project Plans TOWN OF VAIL ' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2021 SUBJECT: A request for the review of a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto. (PEC21-0058) Applicant: William Prescott, represented by Michael Hazard Associates Planner: Greg Roy SUMMARY The applicant, William Prescott, represented by Michael Hazard Associates, is requesting the review of a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, William Prescott, represented by Michael Hazard Associates, is requesting the review of a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive. The applicant proposes to build a new single-family home on the lot and is requesting a variance to allow relief from the maximum site coverage permitted on the lot (20%) and be allowed to go up to 25.9%. At the front of the lot the grade is in excess of thirty percent (30%) allowing the garage to be located in the front setback in accordance with Section 12-21-12 (K) Restrictions in Specific Zones on Excessive Slopes. This section does not permit any other portion of the building in the front setback, meaning that a portion of the proposed site coverage is allocated for a single story garage and a covered auto -court. A vicinity map (Attachment A), applicant's narrative (Attachment B) and project plans (Attachment C) are attached for review. III. BACKGROUND The property located at 2437 Garmisch Dr was platted as Lot 12, Block H, Vail Das Schone Filing 2 under Eagle County jurisdiction in 1968 and annexed into the Town of Vail in 1986. An application for a new single-family residence was approved by the Design Review Board in 2001. Associated with this approval were two variance requests. One variance request was approved for snow storage in the right-of-way with the condition that adequate screening was provided. The other variance for parking in the right-of-way was denied due to "the availability of architectural alternatives which would solve the parking problem." In 2013 a 17 -foot wide, permanent utility easement along the southern property line was granted to allow construction of electrical service to the west vail water storage tank. In 2018 approval was granted for a temporary viewing platform, limited to a duration of one year. The lot is currently vacant. Town of Vail Page 2 Prescott Residence - PEC21-0058 Variance 2437 Garmisch Drive Lot 12, Block H. Vail Das Schone Filing 2 • �� - .t. ?:; ms`s,, } r�.,�; •.� ��vvOfA � 1 * • .l � c I— r—Feet ... ............. .. .,` ..... _�..,..� _._,.Fwo �, C 25 5C 100 -Rias Ma'fa _ nEx S, 2021 �OWX XS YAII' IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 12-2, Definitions (in part) SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte- cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof Town of Vail Page 3 overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4) from the exterior face of the perimeter building walls or supporting columns. Chapter 12-6D, Two -Family Primary/Secondary Residential (in part) 12-6D-9: SITE COVERAGE.- Site OVERAGE:Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord. 41(1990) § 5: Ord. 30(1977) § 2) Chapter 12-17, Variances (in part) 12-17-1: PURPOSE.- A. URPOSE: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment, of this title. 12-17-6: CRITERIA AND FINDINGS.- A. INDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- Town ariance:Town of Vail Page 4 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. V. ZONING AND SITE ANALYSIS Town of Vail Page 5 VI Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: 2437 Garmisch Drive Lot 12, Block H, Vail Das Schone Filing 2 Two -Family Primary/Secondary Residential (PS) District Medium Density Residential Vacant None Standard Allowed / Required LDMF Existing Proposed Site Area Min. 14,000 sq. ft. 12,750 sq. ft. (.293 No Change Two -Family Primary/Secondary Residential (PS) East: acres) Two -Family Primary/Secondary Residential (PS) West: Front — 20' Front — 20' Front — 20'& 0'* Setbacks Side — 15' Side — 15' Side — 15' Rear — 15' Rear — 15' Rear — 15' Height Flat or Mansard Roof — 30' None TBD Sloping Roof — 33' Not more than a total of two 0 DUs 1 DU (2) dwelling units shall be permitted on each site with Density only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. GRFA Max 5,645 sq. ft. 0 sq. ft. TBD Max. 20% of site area 2,550 sq. ft. (20%) 3,296 sq. ft. Site Coverage (25.9%) :52,000 GRFA=2 spaces 0 spaces 5 spaces Parking/Loading 2,0002_4,000 GRFA=3 spaces 4,0002_5,500 GRFA=4 spaces >5,500 GRFA=5 spaces Landscaping Min. 60% of site area or 9,944 12,750 TBD s . ft. *Zero setbacks for garages in areas of slope in excess of 30% per 12-21-12 SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. Town of Vail Page 6 Existing Land Use: Zoning District: North: Residential Two -Family Primary/Secondary Residential (PS) South: Residential Two -Family Primary/Secondary Residential (PS) East: Residential Two -Family Primary/Secondary Residential (PS) West: Open Space Not Designated VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. Town of Vail Page 6 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The project as proposed with site coverage in excess of the maximum allowed by code results in a footprint proportionally greater than those in the vicinity. Therefore, Staff finds this proposal will negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. Staff finds the proposed variance does not meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance will result in a grant of special privilege as other sites in the vicinity have not been permitted to exceed the maximum for the district. Site coverage amounts are directly derived from the size of the lot and maintain development proportional to the lot size. Other sites in the vicinity face similar challenges with steep slopes and have developed in compliance with code. As noted in the background section, a previous application on this lot was approved with no issues related to site coverage. Staff finds the proposed variance does not meet this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will facilitate the addition of a below grade garage and auto - court that will not alter population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the 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 deny, a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Town of Vail Page 7 Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to deny, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the applicant's request of a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny, this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated December 13, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds.- The inds: The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District 2. The granting of these variances will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is not warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are not exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District., and c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the Town of Vail Page 8 owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative — November 15, 2021 C. Project Plans — November 29, 2021 Town of Vail Page 9 i N -k 7A PC ' 4 ' Y��� kms �� •�'' �.G�� - �o H November 15, 2021 Mr. Jonathan Spence Planning Manager Town of Vail Vail, CO 81657 Re.: Penzell Residence VARIANCE REQUEST Lot 12; Block H; Vail das Schone Filing 2 2437 Garmisch Drive, Vail, CO 81657 Dear Jonathan, My client is seeking relief from the strict interpretation of the 2 Family PS zone district development standards in the form of a variance per the criteria outlined in Chapter 17. Specifically, we are seeking to be permitted the ability to construct the allowed 20% site coverage (2,550 SF) within the site setbacks, in addition to the garage coverage, permitted in the front setback. We are proposing to fully bury the garage and entry beneath grade to address what we see as the primary aim of site coverage regulation: namely to control and maintain the proportional visual impact of homes to one another in this district. MICHAEL HAZARD ASSOCIATES ARCHITECTURE PLANNING INTERIORS The subject parcel is one the last remaining undeveloped lots in West Vail. The lot is challenged with the following characteristics: • The Lot is .2927 Acres or 12,750 square feet making it also one of the smallest in 01 the zone district to the extent that its size limits the development to a single- family home • It is very steep with the attached calculations demonstrating an average grade of 40.74 percent: in excess of the 30% grade threshold. The rise in elevation from the edge of street pavement to the front property line varies from 7 to 12 feet and rises another 9 to 11 feet to the front yard setback • It is oddly shaped with the side property lines splaying at a 20 -degree angle and a total side yard to side yard distance along an arc of 44'-10". The shape is dimensions of the site are further impacted by a 17' wide side yard easement along the southwest property line. The following is a zoning summary: .2927 Acres / 12,750 SF Zoning is Two Family Primary/Secondary Single Family allowed 20'-0" front yard setback; 15' side & rear setbacks; due to excessive site grade, , garages are allowed to be built to the front property line. On -grade patios allowed to encroach 7'/2 feet into side & rear setbacks/ 10' into front yard setbacks; above grade decks allowed to encroach 5 feet into all setbacks; architectural projections such as roof eaves are allowed to extend up to 4' into all setbacks. Maximum 20% site coverage: 2,550 SF P.C. a0x 1068 Minimum 60% landscaping: 7,650 SF VAIL, COLORADO Gross Residential Floor Area (GRFA) Calcs: • 0 - 10,000 site area - 460 = 4,600 SF S 16x6 970.376.0066 P WWW.MHAVAIL.COM MHAeVAIL.NET MICHAEL HAZARD ASSOCIATES • 10,000 - 15,000 - 38% = 1,045 SF ARCHITECTURE Total 5,645 SF PLANNING With grades in excess of 30%, the garage is allowed to encroach into the front yard setback. INTERIORS Per 12-17-6 Criteria and Findings, B. Factors Enumerated: 1. The relationship of the requested variance to other existing or potential uses 94and structures in the vicinity. The subject parcel is one the last remaining undeveloped lots in West Vail. The lot is challenged with the following characteristics: • The Lot is .2927 Acres or 12,750 square feet making it also one of the smallest in the zone district to the extent that its size limits the development to a single-family home • It is very steep with the attached calculations demonstrating an average grade of 40.74 percent: in excess of the 30% grade threshold. The rise in elevation from the edge of street pavement to the front property line varies from 7 to 12 feet and rises another 9 to 11 feet to the front yard setback • It is oddly shaped with the side property lines splaying at a 20 -degree angle and a total side yard to side yard distance along an arc of 44'-10". The shape is dimensions of the site are further impacted by a 17' wide side yard easement along the southwest property line. The degree to which relief from the strict or literal interpretation and 01 enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without granting special privilege. The exception granted for sites, in excess of a 30% grade allows us to design a garage in the front yard setback. Although helpful in limiting foundation depths to 26 feet, the exception stipulates that no habitable space may overlay the garage. The definition (12-2-2) regarding site coverage stipulates, in its calculations "...that portion of a site occupied by any building, car port, porte-cochere, arcade or roofed walkway constructed at, below or above grade...". Adhering to this restraint will result in a loss of approximately 640 square feet of the total 2,550 square feet of site coverage for the resultant habitable site coverage, representing a net reduction of 25%. L The homes to either side of the subject parcel, arguably the most representational properties given the similarity of grade, both benefit from the shape and size of their properties. • Lot 11 abuts an access easement and the grades parallel the driveway alignment, allowing the construction of a200 foot long driveway to place P.O. Box 1068 the garage within the setbacks. VAIL. COLORADO 81658 970.376.0066 P WWW.MHAVAIL.COM MHA@VAIL. N ET MICHAEL HAZARD ASSOCIATES • Lot 13 is graced with a considerable wider front property line (over 160 ARCHITECTURE lineal feet): again, allowing for the construction of a driveway to place the garage within its setbacks. PLANNING 3. The effect of the requested variance on light and air, distribution of INTERIORS population, transportation and traffic facilities, public facilities and utilities and public safety. The proposal to fully bury the front yard setbacks, we believe, will assure that the resultant single-family residence will remain in proportion to the adjacent homes. , 4. Such other factors and criteria as the commission deems applicable to the proposed variance. None. The attached conceptual design is provided as an illustration of the proposal to bury the front yard improvements and not a specific design submission. Thank you for your consideration of this application. Sincerely, Michael A. Hazard AIA 01 Michael Hazard Associates P.O. Box 1068 VAIL, COLORADO 81658 970.376.0066 P WWW.MHAVAIL.COM MHA@VAIL. 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(PEC21-0050) The applicant has requested this item be tabled to January 10, 2022. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for 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 to January 10, 2022. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 2021 ITEM/TOPIC: A request for the review ofa Variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, tc 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 to January 10, 2022. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 2021 ITEM/TOPIC: A request for the review ofa Variance from Section 12-21-12, Restrictions 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 to January 10, 2022. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 13, 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 12-14-17 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) The applicant has requested this item be tabled to January 24, 2022. VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: November22,2021 PEC Results ATTACHM ENTS: File Name Description oec results 112221.odf November 22, 2021 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION November 22, 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 After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Brian Gillette, Rollie Kjesbo, Karen Perez, Reid Phillips, Pete Seibert Absent: Henry Pratt Main Agenda 2.1. A request for review of a Conditional Use Permit, pursuant to Section 12- 20 min. 16, Conditional Use Permits, Vail Town Code, to allow for food and beverage cart vending, located at 460 Vail Valley Drive, Tract B, Vail Village Filing 7 and setting forth details in regard thereto. (PEC21-0054) Applicant: Vail Resorts Planner: Jamie Leaman -Miller 1. Approval of this Conditional Use is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall operate the base area improvements in a manner generally consistent with the approved plan dated 11/22/2021. Planner Leaman -Miller gives a short presentation on the application. He shows the vicinity map for the location of the proposed conditional use permit improvements. The application includes food and beverage service, lighting, and seating. Jeffery Babb, representing the applicant, goes over their proposal. The name of the proposal has been changed to "Trail's End Treats". The goal of this proposal is to draw more people to the golden peak area as an access to the mountain. He goes over the presentation and the items included in the application. Perez asks if the vehicle and airstream will be driven over the grass. Babb answers that they will not be putting it in place until there is snow covering the area. Phillips asks about the operating hours. Babb answers 8:00 am - 4:30 pm. Phillips asks for the purpose of the lighting if it is only open during the day. Babb says it is for the ambience in the area. Kurz asks if lights will be on all night. Babb say they will not. Perez asks if the neighbors had been notified. Babb said yes, they did notification beyond what was required to those in the area. Gillette asks about the lights and how they were allowed in Town Code. Staff answers that it will be addressed at DRB and holiday lights are allowed. Kjesbo asks if this will be a tester for a more permanent placement. Babb says that it is not proposed to be permanent. Maybe during the summer if it goes well, but they have no intention to build anything permanent at this time. Perez asks about the airstream as it doesn't seem to match the Vail Brand. No public comment Kurz says it could be a benefit to move people around and make some other portals less crowded. Is there surety that this can be staffed all season long? Babb notes that consistency is key. They believe they can operate with one person as they are not making items, only dispensing. The production will be taking place inside the adjacent buildings with those facilities. Perez asks if there will be supervision for kids. Babb says that there will be no staff to supervise, and they would anticipate this being done with the parents. Not only is this for kids, but more for families to enjoy at the end of the day. Perez has concerns about one employee being there. Phillips asks if anyone has responded with comments. Babb, and staff, noted that there were no public comments received prior to the meeting. Kjesbo asks about the conditional use and how this is classified. Staff responds about how the application fits into the conditional uses. Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the motion and it passed (6-0). Absent: (1) Pratt 2.2. A request for review of a Conditional Use Permit pursuant to Section 20 min. 9C-3 Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, for improvements including the installations of restrooms at the Booth Falls Trailhead located at the terminus of Booth Falls Drive, Unplatted, Parcel # 2101-022-00-002, and setting forth details in regard thereto. (PEC21-0056) Applicant: Town of Vail, represented by Gregg Barrie Planner: Jonathan Spence 1. Approval of this Conditional Use is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Planner Spence gives an explanation of the application. He gives a short history of the facilities currently in place on the site. The TOV did hold an open house at the Vail Mountain School that had some public attendance from the neighborhood. Phillips asks if this will be attached to the utilities or a pump out facility. Spence answers that this will have full hookups to water and sewer. Todd Oppenheimer notes that this is a funded project for 2022. This trail averages over 200 hikers a day and peaks at 400 per day. The current Port- o -lets need to be serviced multiple times per week to keep up with the use. Gillette asks if this gets plowed and if we are creating snow storage issues. Todd answers that it does not get plowed so there are no snow storage issues. Gillette asks about the public comments we've received. Spence says that none have been received. Todd says that the comments at the open house were about the traffic and parking, not the proposed facility addition. Gillette asks staff to confirm that the required notification was done. Spence confirms. Public comment opens. Tom Talbot speaks for the homeowners at Booth Falls Mountain Homes. They are in support of this application. They've seen how the lack of facilities has affected the area and their enjoyment of their property. They want to make it clear that they support this and encourage the PEC to approve the application. They've asked for additional plantings for screening and staff has responded. Public comment is closed. Kurz notes that he expects the standards of quality for the rest of Town facilities to be continued here. Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the motion and it passed (6-0). Absent: (1) Pratt 2.3. A request for a recommendation to the Vail Town Council for a Prescribed 2 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) The applicant has requested this item be tabled to December 13, 2021. Applicant: Town of Vail, represented by Pete Wadden Planner: Greg Roy Rollie Kjesbo moved to table to December 13, 2021. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 2.4. 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 to December 13, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to December 13, 2021. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 2.5. 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 to December 13, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to December 13, 2021. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 2.6. 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 to December 13, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to December 13, 2021. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 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 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 to December 13, 2021. Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects Planner: Jonathan Spence Rollie Kjesbo moved to table to December 13, 2021. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 3. Approval of Minutes 3.1. November 8, 2021 PEC Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Pratt 4. Adjournment Rollie Kjesbo moved to adjourn. Reid Phillips seconded the motion and it passed (6-0). Absent: (1) Pratt 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: December 13, 2021 ITEM/TOPIC: Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. Ad #: bwYZyTiDkzHVCXtboFvh Customer: Danielle Couch 12/13/21 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 10 Dec 2021 in the issue of said newspaper. Total cost for publication: $81.21 That said newspaper was regularly issued and circulated on those dates. Publi her Subscribed to and sworn to me this date, 12/10/2021 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 12/13/21 PEC Agenda - Page 1 of 2 PLANNING ANO ENVIRONMENTAL COMMISSION December 13, 2021, 1:00 PM Town CounclI Chambers and Virtual on loom 75 S. Frontage Road - Vail, Colorado. 81657 1. Call to Order 1-1-R egpister in advance for this webfnar: https:lf us02wets. zoom.usAvebinarlregisteiPNN_ tX-0e Rs9OKieoSkwg68&lw After registering, you will receive a confirmation email containing information about joining the Webinar. 1.2. Attendance 2. Main Agenda 2.1. 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 diningq ppaatio located at 231 Gore Creek Drive/Lot A, Block Vail Village Filinngq 1, and setting forth details in regard thereto. (PEC21- 00 10min. Appl cant: Kira Cameron (Hotel Gasthof 22. A request for the review of a variance from Section 12-6D-9 Site Coverage, Vail Town Code, in accordance with the provfsons of Section 12- 17-1, Variances, Vail Town Code, to allow for site coverage in excess of twenty percent 2011 ), located at 2437 Garmisch DrNWLot 12, Block , Vaii Das Schone Filing_?, and setting forth details in regard lee Preston ird Assoc. 2.3. A request for review of a Minor Subdivision pursuant to Section 13-4, Minor Subdivisions, bail Town Code, to adjust property lines in the vicinity of Lots 14 and 15, Block 1 fail Village Filing 6, and setting forth details in regardthefeto. (PEC21-005G 2 ruin. The applicant has requested this item be tabled to January 10, 2G22 Applicant: Mexamer Forest Road LLC, represented by {fH Webb Architects Planner: Jonathan Spence 2.4. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, to Outdoor Recreation (OR) and to zone aportion of the Forest Road ROW to Two-Farrily Purnaryl Secondary Residential PS and setting forth details in regard Thereto. (PEC 1 051) 2 min. The applicant has requested this item be tabled to January 10, 2022 Apppllcant: Mexamer Forest Road LLC, represented by {fH Webb Architects Planner: Jonathan Spence 2.5. A request for the review of a Variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slimes, Vail Town Code, to allow for a variance fromihe maximum percent of lot covered by driveways and surface parkingq,, in accordance with the provision of Section 12-T7, Variances, Vail Town Code located at 8161826 Forest Road l Lots 14115, Block 1, Vail Village Filing No. 6 and setting torth details in regard thereto. (PEC21-0045) 2 min. The applicant has requested this item be tabled to January 10, 2022 ATI [cant. Mexamer Forest Road LLC, represented by t(H Webb Architects Planner: Jonathan Spence 2.6. A request for the review of a Variance from Section 12-21-12, Restrictions 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 parkingq, m accordance with the provision of Section 12-17 Variances Vail Town Cade, located at 826 Forest I3oacli 15, Block 1, Vail Villa e Flingg 6 orad setting forth de ails in regard thereto[PEC2i-0048) 2 min. The applicant has requested this Item be tabled to January 10, 2622 Appllcant: Mexamer Forest Road LLC, represented by 1(H Webb Architects Planner: Jonathan Spence 2.7. A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12�g 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 Re ulafions, Vail Town Code, to change the waterbX setbacks, and setting forth details in regard thereto. (PEC21-0043) 2 min. The applicant has requested Vias item be tabled to January 24, 2022 rIlcant: Town of Vail, represented by Pete den Planner: Gre Ray 3. Approval ot9Minutes 3.1. November 22, 2021 PEC Results 4. Informational Update 4.1. Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. 5. Adjournment The applications and information about the proposals are available for public inspection dunng regular of ice hours at the Town of Vail Cammunny 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 apprmamate, subject to change, and cannot be reliedd upon to determine at what ?,methe Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for srIgqn language interpretation 48 hour prior to meeting time. CommunDevelo ment Department PUBLISHED IN THE VAIL DAILY ON FRIDAY, DECEMBER 10, 2021. 12/13/21 PEC Agenda - Page 2 of 2 Ad #: VuVNMXNOvczYdP573L7P Customer: Danielle Couch 12/13/21 PEC Notice 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 26 Nov 2021 in the issue of said newspaper. Total cost for publication: $32.23 That said newspaper was regularly issued and circulated on those dates. Publi her Subscribed to and sworn to me this date, 11/26/2021 N64W Public, Eagle County, Colorado My commission expires: August 19, 2024 JERI MEDINA NOTARY PUBLIC STATE OF COLORADO y NOTARY ID 20164029599 Advertiser: MYCO'MSIONEXPIRES AUGUeT19.2024 Community Development Department own of Vail 75 S Frontage Rd W Vail, Colorado 81657 9704792139 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planningg and Environmental Commission of the Town of Vai will holda public hearing in accordance with section 12- 3-6, Vail Town Code, on December 13, 2021 at 1:00 I in the Town of Vail Municipal Building. Register in advance for this webinar: htips1fus02web- zoom-us/wehinarlregisterNVN_ tX-0ePs3GKieo3kwg686Jw After registering, you will receive a oon irmation email containing Information about joining the webinar- A request for review of a Conditional Use Permit, N to Section 12-16, Conditional Use Permits, Vail Town Code to allow for an outdoor dining ppaatio, located a# 231 Gore creek Drivell-ot A, Block 5B, Vail VW Fiinq 1, and setting torch details in regard thereiu.(PIE 21-0057) Applicant: IGraCameron (iPlanner: Jonathan Spence A request for the review of a variance from Section 12-61 Site Coverage, Vail Town Code, in accordance with the provisions of Section 12- 17-1, Variances, Vail Town Code, to allow for site coverage in excess of Twenty percent (20%), located at 2437 Garmisch DrivelLot 12, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto- IPEC21-0058} Applicant. William Prescott, represented by Michael Hazard Associates Planner: Greg Roy The applications and information about the I are available for public inspection duringg office hours at the Town of Vail Community Develo enc -De rtment, 75 South Frontage Road - The public s rmrited to attend site visits- Please calf 970-479 2136 or visitwww-vailgov-com/ planning for additional Inf ormation- ble s;tphn language interpretation availaupon request 711 PUB L SH EDrI N notification VAI LI DAILY ON FRI DAY, NOVEMBER 26, 2021. 12/13/21 PEC Notice - Page 1 of 1