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HomeMy WebLinkAboutDRB080132 DeniedDesign Review Board ACTION FORM TOWN ff VA OCAM ATYMVELOPM NT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: DRB Number: DRB080132 Project Description: Participants: DENIAL OF TOWN OF VAIL INFORMATION KIOSK OWNER VAIL COLORADO MUNICIPAL BLDG 04/30/2008 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG 04/30/2008 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: Legal Description: Lot: Block: Subdivision: Parcel Number: 2101-064-0000-3 Comments: TC upheld DRB decision to deny BOARD/STAFF ACTION Motion By: Newbury Action: DENIED Second By: Rogers Vote: 7-0-0 Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Nicole Peterson DRB Fee Paid: $250.00 WIN ou, New Construction Application for Design R Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: I " f 7)r VA'- 11 '-1 i~-:= "v S Phone: L 21 - 21 6-- C) x: u GI - 7_1 J- C_ $50 P $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebulld. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site Improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee Physical Address: 10 E-1 P--ot t --t ~ d--k- ~u--~ - M.X 0~ t jr- 6e-0 Parcel No l 1~~~'` ~ O 3J (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: IVY Name(s) of Owner(s):~bw Mailing Address: Phone: T~ Zf Owner(s) Signature(s)-., Name of Applicant: Mailing Address: E-mail Address: Type of Review and Fee: ❑ Signs ❑ Conceptual Review B-"ge'-wConstruction ❑ Addition ❑ Minor Alteration (mu ltl-family/com mercia I) ❑ Minor Alteration (single-family/duplex) ❑ Changes to Approved Plans ❑ Separation Request For Office Use Only: _ Fee Paid: Check By': -y- Meeting Date._,,, DRB No.: Planner: N Project No.:LQ' 0 0 v _ Location of the Proposal: Lot:tJ-&-Block:hJ if~,_ Design Review Board Hearing May 7, 2008 Town of Vail Kiosk Design : BUILDING MATERIALS AND DESIGN: A.The use of noncombustible building materials and designs intended to prevent the spread of fire are highly encouraged. Predominantly natural building materials shall be used within the town of Vail. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials, simulated stone, simulated brick, plastic and vinyl. The exterior use of any building material, including those not specifically identified by this section, shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: 1. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and 2. That the use of the proposed material complies with the intent of the provisions of this code; and 3. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and 4. That the material is noncombustible or aids in the prevention of fires. 12-2-2 STORAGE AREA: An area within a dwelling unit which is designed and used specifically for the purpose of storage and is not re- quired by the latest edition of the adopted building codes to provide either light, venti- lation, or to comply with any code require- ment for its function or existence. STORE, CONVENIENCE FOOD: Commer- cial retail entity that specializes in selling fast food and beverage, and only includes counter service, not table service. 'STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fix- tures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. STUDIO: A building or portion of a building used as a place of work by an artist, pho- tographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment em- ployed which is objectionable or injurious to persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumina- tion, glare, unsightliness, or hazard of fire or explosion. SUBSTANTIAL IMPROVEMENT. Any re- pair, reconstruction, or improvement of a structure, the cost of which equals or ex- ceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor desig- nated by the administrator. The market value of a structure is determined either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage oc- curred. For the purposes of this definition 12-2-2 "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code speci- fications which are solely necessary to assure safe living conditions. SUBSTANTIAL OFF SITE IMPACT: An impact resulting from development or rede- velopment on the surrounding neighborhood and public facilities in the vicinity of a de- velopment or redevelopment site having a considerable amount of effect upon the area. For example, substantial off site im- pacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape im- provements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes section 38-33-110. TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified premis- es; provided, that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The pre- mises may consist of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of interval estate, timeshare or time span estate. I UL 1) August 2007 0 0 Town of Vail Appeals Form OVAR Department of Community Development 7OWN75 South Frontage Road., Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com MAY 14 1008 TOWN OF VAIL General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. Action/ Decision being appealed: 5. i to l Al Action/ Decision: C l a ( 7, C3 t> f Board or Staff person rendering action/ decision: D (L Does this appeal involve a specific parcel of land? (yes) If yes, are you an adjacent property owner? (yes) 00) Name of Appellant(s): LJ.DL,--)v\, Q f- Vat 1 Mailing Address: 5 S T;-DL- tCr _T1 R - Z! (o Phone: Physical Address in Vail: _S 1 ~dr i'-~G ►~-L ~~,~~.c~{a,~ Legal Description of Appellant(s) pe in Vail: Lot_ Block_ Subdivision: a, Appellant(s) Signature(s): /N - 7y f Wall (Attac ~ of signs (s if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. b 111 C n t I "I I . . 0 : _ . 'c% 2.0-04, For Office Use Only: at'b OR-O 13 Z Date Received- Activity No.: n n ` Planner: A l ~ Project No.: OR - 0-a F: Userslcdev\FORMSWPPLIC\Appeals.doc 1309 Elkhorn Drive Vail, Colorado 81657 970-479-2158 TOWN OF i]A ~ ~ 7 Fax 970-479-2166 1 U~j~ O1~1`1tL V www. vailgov. com Department of Public Works & Transportation Memorandum MAY 14 2008 TOWN OF VAIL To: Vail Town Council From: Todd Oppenheimer, Suzanne Silverthorne, Kelli McDonald Date: May 14, 2008 RE: Vail Information Kiosk DRB Appeal Background Information Business community has desired to have directories maps created and installed for several years. Two attempts to design a directory kiosk using the Request for Proposal process (RFP) were made in April 2003 and November 2005. Multiple companies and individuals responding included advertising companies, graphic designers, and artists. None of the proposals were found to satisfy the requirements of the project. At the same time the discord among different business groups made it difficult to develop consensus on the design and function of the directory kiosks. Prior to 1998 an attempt at an interactive computer kiosk was made by a private advertising company. A structure was built in Slifer Square to accommodate the equipment. This attempt failed due to constant equipment malfunctions. The structure was removed when the Slifer Square streetscape work was completed prior to the 1999 World Ski Championships. Current Proposal The Directory Kiosk project was shelved for awhile after the 2005 RFP yielded no satisfactory responses. During that time period the business organizations have consolidated, marketing has become more focus and organized, and technology has caught up with the requirements of the project. The project is now being referred to as the Vail Information Kiosk. The desired function of the kiosk is to provide business directory maps for the Vail Village and Lionshead areas, special event information and calendars, community information videos, and an interactive system where guests can obtain additional information, grooming reports, road conditions, and make dining and hotel reservations. The Department of Public Works will be responsible for maintenance of the physical structure while the IT Department will service the computer equipment. Reducing maintenance requirements is strongly desired by the Department of Public Works. Great South Bay is an advertising sign company located in Bayport, NY. In 2007, Great South Bay, came across the old RFP on-line and made an inquiry as to its outcome. ih, RECYCLED PAPER Great South Bay presented a product they have created called the Cornerstone Kiosk which will satisfy the requirements of the Information Kiosk project. The Cornerstone Kiosk is a pre-manufactured unit which is shipped from the manufacturer and installed on-site with minimal assembly. The kiosk unit is constructed of a polystyrene material with a hard, durable, textured, and colored top coating applied at the factory. The product requires minimal maintenance and has a life expectancy of 30 to 50 years. The oldest installation has been in place for 17 years with no signs of deterioration. Several organizations which have purchased the Cornerstone Kiosk were contacted. All references received were positive. Design Review Board Process The Vail Information Kiosk project has been before the DRB on three occasions. The application was tabled once, and then denied the second time. A second application was submitted with new information in the way of a roof sample. This application was also denied. Board members expressed concern that the polystyrene material was not a "predominantly natural building material" as stated in the town code and referenced that code in the meeting record. Staff is appealing the DRB decision and asking the Town Council to overturn the decision to deny and allow the installation of a prototype Information Kiosk to proceed. Staff feels strongly that the proposed kiosk design, manufactured of the polystyrene material, is a reasonable and appropriate solution to a project which has been difficult to complete. 0 D E MAY 14 2008 TOWN OF (AIL MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: June 3, 2008 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a design review application, submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tractss B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue), and setting forth details in regard thereto (DRB 08- 0132). Appellant: Town of Vail Public Works Department, represented by Todd Oppenheimer DRB Representative: Pete Dunning - Chair Planner: Nicole Peterson 1. SUBJECT OF APPEAL On May 7, 2008 the Design Review Board denied the design review application (DRB 08- 0132) to allow for installation of a prototype information kiosk located on Tractss B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue). The prototype kiosk is the first of eight custom designed kiosks by Great South Bay Sign Company (Cornerstone Kiosk subsidiary). The 4-sided kiosk is 96 inches tall with a 52 inch square base. All 4 sides include a bronze color header plaque to read 'VAIL INFORMATION' and bronze color Town logo seals which copy the 8150 manhole design. Three of the four sides include a 36 inch x 30 inch illuminated cabinet with business directories for Vail Village and Lionshead, calendar of events and marketing materials. The fourth side will include a dual-screen (19 inch computer monitors) interactive, updated information center. The entire kiosk is made of a maintenance-free, hard-coat polystyrene material that is formed to look like stucco over the main structure and asphalt shingles on the roof. Staff has attached a kiosk rendering and draft map of the proposed eight kiosk locations. A material sample will be provided at the Town Council meeting. The Board denied the request (DRB 08-0132) with the finding that the design did not meet the intent of Section 14-10-5A, criteria numbers 1-3, Building Materials and Design, Vail Town Code. In particular that the synthetic polystyrene material of the proposed structure does not comply with the building material standards set forth in Section 14-10-5A. On May 14, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board's action to deny the aforementioned design review application. Please see the following attachments for more detailed information: A. Memorandum from the Appellant, B. Kiosk description and cost estimate from Appellant, C. Denied kiosk rendering (DRB08-0132), D. Draft kiosk locations map, E. Construction Mitigation Working Group notes (May 23, 2008), and F. Public Notice. II. STANDING OF APPELLANT The Appellant, Town of Vail Public Works Department, represented by Todd Oppenheimer, has standing to file an appeal as the applicant of the design review application (DRB 08- 0132), pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a design review application, submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue). III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board's denial of a design review application, submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue) (DRB 08-0132). Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." IV. BACKGROUND On April 16, 2008, the Design Review Board denied the design review application (DRB 08- 0029) to allow for installation of an information kiosk located at Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue. The Board denied the request with the finding that the design of the kiosk did not meet the intent of Section 14-10-5A, Building Materials and Design, Vail Town Code. In particular that the synthetic roof material proposed did not comply with Section 14-10-5.A, criteria numbers 1-3, Vail Town Code. In response to the Design Review Board's decision, the applicant submitted a new design review application (DRB 08-0132) including a more detailed rendering and a sample of the kiosk synthetic roof material that was of concern to the Design Review Board. Again, on May 7, 2008 the Design Review Board denied the design review application (DRB 08-0132) to allow for installation of an information kiosk. The Board denied the request with the finding that the design of the kiosk did not meet the intent of Section 14-10-5A, criteria numbers 1-3, Building Materials and Design, Vail Town Code. On May 14, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board's action to deny the aforementioned design review application. On May 23, 2008, Staff attended the weekly Construction Mitigation Working Group to update the business community on the progress of the information kiosk project. Staff has attached the notes from the May 23`d meeting (Attachment F). 2 V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-2 Definitions of Words and Terms (in part) STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission ordistribution facilities ofpublic utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. Section 12-3 Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority. The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Town-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission or the Design Review Board to forward to the Town Council at the next regularly scheduled meeting a 3 summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Section 12-11 Design Review (in part) 12-11-1: INTENT: A. Attractive Attributes Recognized. Vail is a Town with a unique natural settin intemationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise ofjudgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. 4 C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting to protect the welfare of the community, to maintain the values created ►n the community, to protect and enhance land and property, for the promotion of health safety, and general welfare in the community, and to attain the objectives set out in this Section the improvement or alteration of open space exterior design of all new development and all modifications to existing development shall be subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design location configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the Town's overall appearance with surrounding development and with officially approved plans or quidelines, if any, for the areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Section 14-1-1 Development Standards Purpose and Intent It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. (Ord. 29(2005) § 78) Section 14-10-5 Building Materials and Design (in part) A. The use of noncombustible building materials and designs intended to prevent the spread of fire are highly encouraged. Predominantly natural building materials shall be used within the town of Vail. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and E1FS may be permitted. Concrete surfaces, when permitted, shall be treated 5 with texture and color, however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials shall be prohibited. stucco or EIFS with gross textures or surface features that appear to imitate other materials, simulated stone, simulated brick, plastic and vinyl. The exterior use of any building material, includinq those not specifically identified by this section shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: 1. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and 2. That the use of the proposed material complies with the intent of the provisions of this code; and 3. That the use of the proposed material is compatible with the structure, site, surroundina structures. and overall character of the town of Vail, and 4. That the material is noncombustible or aids in the prevention of fires. VI. DISCUSSION ITEMS On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of the Vail Town Code, have or have not been met. Section 12-11-1, 14-1-1 and 14-10-5, Vail Town Code stated in Section V of this memorandum, above shall assist the Council in determining findings of fact. In particular, the underlined portions of the Code Sections and Section 14-10-5A criteria 1-3, which the Design Review Board stated as reason to deny the design review application. Please find Staffs recommended finding in Section VII Staff Recommendation, below. VII. STAFF RECOMMENDATION The Town of Vail Design Review Board recommends that the Town Council upholds the Design Review Board's denial of a design review application (DRB 08-0132), to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue). Should the Town Council choose to uphold the Design Review Board's denial of a design review application (DRB 08-0132), to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue) the Design Review Board recommends the Council pass the following motion: "The Vail Town Council upholds the Design Review Board's denial of a design review application (DRB 08-0132), submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue), and setting forth details in regard thereto." 6 Should the Town Council choose to uphold the Design Review Board's denial of a design review application (DRB 08-0132), to allow for installation of an information kiosk, located on Tracts B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue), the Design Review Board recommends the Council makes the following finding: "The Town Council finds: That the standards and conditions imposed by the requirements of Section 14-10-5- A, Vail Town Code, have not been met." VIII. ATTACHMENTS A. Memorandum from the Appellant B. Kiosk description and cost estimate from Appellant C. Denied kiosk rendering (DRB08-0132) D. Draft kiosk locations map E. Construction Mitigation Working Group notes (May 23, 2008) F. Public Notice 7 Attachment A: Memorandum from the Appellant Memorandum To: Vail Town Council From: Todd Oppenheimer, Department of Public Works and Transportation Date: May 14, 2008 RE: Vail Information Kiosk DRB Appeal Background Information Business community has desired to have directories and maps created and installed for several years. Two attempts to design a directory kiosk using the Request for Proposal process (RFP) were made in April 2003 and November 2005. Multiple companies and individuals responding included advertising companies, graphic designers, and artists. None of the proposals were found to satisfy the requirements of the project. At the same time the discord among different business groups made it difficult to develop consensus on the design and function of the directory kiosks. Prior to 1998 an attempt at an interactive computer kiosk was made by a private advertising company. A structure was built in Slifer Square to accommodate the equipment. This attempt failed due to constant equipment malfunctions. The structure was removed when the Slifer Square streetscape work was completed prior to the 1999 World Ski Championships. Current Proposal The Directory Kiosk project was shelved for awhile after the 2005 RFP yielded no satisfactory responses. During that time period the business organizations have consolidated, marketing has become more focused and organized, and technology has caught up with the requirements of the project. The project is now being referred to as the Vail Information Kiosk. The desired function of the kiosk is to provide business directory maps for the Vail Village and Lionshead areas, special event information and calendars, community information videos, and an interactive system where guests can obtain additional information, grooming reports, road conditions, etc. This proposal is a prototype we are testing and the goal will be to have 8 kiosks in key locations identified by the business community to serve all guests within Vail Village and Lionshead. Timing is important on the project so that we can place the prototype this summer and see how it holds up during that season and the winter season to see if it is viable to use this structure for the other seven locations moving forward. 8 The Department of Public Works will be responsible for maintenance of the physical structure while the IT Department will service the computer equipment. Reducing maintenance requirements is strongly desired by the Department of Public Works for cost efficiencies and to reduce man hours. Great South Bay is an advertising sign company located in Bayport, NY. In 2007, Great South Bay, came across the old RFP on-line and made an inquiry as to its outcome. Great South Bay presented a product they have created called the Cornerstone Kiosk which will satisfy the requirements of the Information Kiosk project. The Cornerstone Kiosk is a pre-manufactured unit which is shipped from the manufacturer and installed on-site with minimal assembly. The kiosk unit is constructed of a polystyrene material with a hard, durable, textured, and colored top coating applied at the factory. The product requires minimal maintenance and has a life expectancy of 30 to 50 years. The oldest installation has been in place for 17 years with no signs of deterioration. Several organizations which have purchased the Cornerstone Kiosk were contacted. All references received were positive. Design Review Board Process The Vail Information Kiosk project has been before the DRB,on three occasions. The application was tabled once, and then denied the second time. A second application was submitted with new information in the way of a roof sample. This application was also denied. Board members expressed concern that the polystyrene material was not a "'predominantly natural building material" as stated in the town code and referenced that code in the meeting record. Staff is appealing the DRB decision and asking the Town Council to overturn the decision to deny and allow the installation of a prototype Information Kiosk to proceed. Staff feels strongly that the proposed kiosk design, manufactured of the polystyrene material, is a reasonable and appropriate solution to a project which has been a challenge to complete. 9 Attachment B: Kiosk description and cost estimate from Appellant Vail Information Kiosk Project Summary May 22, 2008 Design: Custom design by Great South Bay Sign Company in cooperation with TOV. 52" square base. 96" Overall height. Hard-coat polystyrene material, Colors BM #HC-68 and BM #HC-77, (4) 8" x 30" bronze color header plaques, copy to read "VAIL INFORMATION". (4) 16" bronze color Town logo seals (8150 manhole design). See attached image. Locations: 1. Slifer Square - Prototype 2. Checkpoint Charlie area 3. Mountain Plaza (Vista Bahn area) 4. East Meadow Drive @ Solaris 5. East Meadow Drive @ Mountain Dog 6. Lionshead East Portal (bus stop) 7. Lionshead Pocket Park (Sundial Plaza) 8. Lionshead West Portal (TBD) Content: Panel 1. Dual screen (19" computer monitors) KIS System Upper monitor. Flat screen, non-interactive Content: Airing of Plum TV or TV 8 content. Tie to public information system for emergency services and other time specific data. Looped video marketing messages. Lower Monitor. Interactive touch screen, accessible to disabled. Functions: Access to vailgov.com and/or vail.com Community information. Dining, Lodging, and Activities reservations. Panel 2. 36" x 30" illuminated cabinet with Vail Village Business Directory. Panel 3. 36" x 30" illuminated cabinet with Lionshead Business Directory. Panel 4. 36" x 30" illuminated cabinet with Calendar of Events/Marketing. Estimated Cost: Great South Bay quote, 52" unit with KIS System: $46,400 each (quantity discounts available). Computer equipment is $25,100 of quoted price. Life expectancy: 30 to 50 years. Site Work estimate including site preparation, electrical wiring, and concrete slab (Slifer Prototype only): $ 12,600. Total Estimate cost: $ 59,000. Poster updates are anticipated 2x per year and are anticipated to cost $ 75.00 each. 10 Attachment E: Construction Mitigation Working Group notes CONSTRUCTION MITIGATION WORKING GROUP Friday, May 23, 2008 Meeting Notes Those attending: Chip Nelson (on behalf of Jeannette), Chris Romer, Steve Rosenthal, Joe Walker, Stan Zemler Staff & Guests: Katie Coakley, Matt Greene, Kelli McDonald, Sybill Navas, Todd Oppenheimer, Nicole Peterson, Leonard Sandoval, Suzanne Silverthorn, Gary Suiter Kiosk Project Todd Oppenheimer explained the history of the information kiosk project, in which the town has attempted to work with the Vail Chamber & Business Association to place business directories and other visitor information within a self-supporting kiosk. Several prototypes have been explored through the years. The most recent attempt was recently denied by the Design Review Board due to a disagreement over use of materials. The town staff has appealed the DRB decision to the Town Council which will hear the matter at its June 3 evening meeting. The group reviewed the proposed design and expressed support for the project. Members were invited to attend the June 3 meeting and/or contact the Town Council to express their support. 11 Attachment F: Public Notice THIS ITEM MAY EFFECT YOUR PROPERTY PUam NOTICE NOTICE IS HEREBY GIVEN that the Town Council of ft Town of Vail will hold a public tearing in accordance with Section 12-3-3, Val Town Code, on June 3, look at 600 PM in the Town of Val Municipal Buffing, consi ratkyn of ITEM OPIC: An appeal, pumuant to Section 1243-3, Appeals, Val Town Code, of the Taon of Vag Design Raw Board's dental of a Design Review application, submitted wording to Chapter 11, Design Review, Vail Torn Code. to allow for installation of an information kiosk, located on Tract B-C, Vail Wage Piling 1 (On Bridge StreeL north of the covered bridge, across East Meadow Dthm from the Mail Tiranspodation Center, rmw the seer statue) and setting fort details in regard tl r to. Appellant; Town of Vail, resented by Todd Oppenheimer, Public Works Planner: Nicole Peterson The applications an information about ft proposals avar` le for pubic inspection duttrig regular office hours at the Town of Vail Community Development Department; 75 Sawn Frcnrr Road. The pub6c is Invited to attend project orientation and ft site visits t precede the public hearing in the Town of Vail Community Devetop~ment Department. Please call (970) 479-2135 for addi naM inIbrmat'rom Sign language interpretation is available upon request with 24-txw notfia n. Pipe cat (970) 479.2356, Telephone for the Hearer Impaired, for formation, Published May 16. 2003, in t1he Vail Gaily 12 PETER B DUNNING 1461 GREENHILL COURT VAIL, COLORADO 81657 June 2, 2008 Members of the Town Council Town of Vail, Colorado, TAM. -W( = q- PPE-A-- The Town of Vail has submitted a design for an Information Kiosk that utilizes a roofing material that has not been approved for use by the Design Review Board for structures. The design, as submitted, is intended to be the prototype for several additional kiosks. The DRB does not believe that the synthetic material meets the requirements of Section 14-10-5, specifically that: 1.) The material is not satisfactory in general appearance, design and texture. 2.) The use of this material does not comply with the intent of the provisions of the code. 3.) The use of this material is not compatible with the structure, site, surrounding structures and overall character of the Town of Vail. The applicant was advised early on in the process that the design they wished to use could be modified and accepted. Public Works redesigned the exterior using natural wood accents. The Board agreed to approve the redesign as presented with the condition that asphalt shingles of approved weight and style be added. Public Works then twice submitted that same design without asphalt shingles to the DRB and were twice denied by unanimous vote. The material in question is a polystyrene plastic material. It has not been approved for general use on roofs in the Town of Vail. Some other synthetic materials have been approved because they appear similar to the material they are replacing and have a satisfactory overall appearance. The DRB understands that any approval is precedent setting and that. Once approved, a material may be used anywhere in the Town. Therefore, if this hard foam material would be approved, we could have structures in the Village and around town that give a very different visual effect than the traditional materials referenced in Section 14-10-5. The arguments used by the applicant are that you cannot see the roof and that their design is cheaper to build. The DRB response is that of course you can see the roof from the rooms in upper stories and that sightlines are not criteria for acceptance. Furthermore, the Design Review process does not take cost into account. To summarize, the Town of Vail should abide by the same building and design standards as the residents of Vail. The Design Review Board does not accept this synthetic material as appropriate and has twice voted accordingly for denial. I believe you should uphold the DRB decision. Peter B. Dunning, Chair Design Review Board, Town of Vail CONSTRUCTION MITIGATION WORKING GROUP 8:30-10:30 a.m. Friday, May 23 Town of Vail Administration Conference Room AGENDA Construction Update, Leonard Sandoval --Timetable of major projects 2. 1-70 Construction Update, Gary Suiter 3. Vail Information Kiosk Update, Todd Oppenheimer 4. Construction Mitigation Signs, Kelli McDonald --Sample --Locations --Development Site Template 5. Branding & Messaging, Kelli McDonald --www.vail.com --VLMDAC Event Calendar 6. 2008 Mitigation Activities, Kelli McDonald --Radio campaign --List of open businesses --Lodging occupancy report 7. VLMD Public Relations, Katie Coakley 8. Airport Naming Status, Kelli McDonald 9. Town Updates, Stan Zemler --Same Store Sales Comparison --Sales Tax Report --Vail Village Master Plan Update --Colorado Stage, Aug. 22-24 10. Schedule Next Meeting N t w f' 6 :R y ~ F Y .c.. e1 9 Y' ~r } I . "Y 1",~ . L(05/19/2008) Nicole Peterson - Re_ Stan,TOV Kiosks Page 1 From: Todd Oppenheimer To: George Ruther; Nicole Peterson; Stan Zemler; Warren Campbell Date: 05/09/2008 3:45 PM Subject: Re: Stan,TOV Kiosks CC: Greg Hall; Kelli McDonald; Suzanne Silverthorn Thanks Warren. The wood elements would have been point of negotiation if the DRB was interested in a discussion. I believe the kiosk is not a structure (no foundation, single point of connection to the pavement), but should be classified as street furnishings. The kiosk proposed is a reasonable and appropriate choice for the intended functions. There have been two failed attempts at designing a kiosk via the RFP process. If the town is going to provide business directories and a location to disseminate public information, in an electronic format, this is the way to do it. The TC deserves an opportunity to weigh in. Matt Mire agrees this is the correct process. Todd Warren Campbell 5/9/2008 3:36 PM Stan, Nicole Peterson asked me to send you the Code Section which the DRB used to deny the Kiosks. The DRB was not able to make a finding that the synthetic materials proposed on the kiosk were similar enough to the materials they were emulating (roof shingles). Furthermore, I believe the DRB did not feel the kiosks fit the architectural character of the Village without the wood trim accents that were removed during the second review on May 6, 2008. A. The use of noncombustible building materials and designs intended to prevent the spread of fire are highly encouraged. Predominantly natural building materials shall be used within the town of Vail. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color, however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials shall be prohibited. stucco or EIFS with gross textures or surface features that appear to imitate other materials, simulated stone, simulated brick, plastic and vinyl. The exterior use of any building material, including those not specifically identified by this section, shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: 1. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture, and 2. That the use of the proposed material complies with the intent of the provisions of this code, and 3. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and 4. That the material is noncombustible or aids in the prevention of fires. Warren Vail Information - Directory Kiosk Select Images from previous design submittals 2003 submittal to Vail Chamber and Business Association from Talon Creative Services FRONT VIFN' 2005 submittal to Town of Vail xa, 111rMA:nviKrnz:DFaKAx iaz ii I -i eil (I i z 1 wry Ir from Talon Creative Services L; V, v c t j from Quinby Clune Design J,. side i t~ J L front side from artist Matt Kargol R-0- Nicole Peterson - Vail Kiosk - ADA requirements _Page 1 3 From: Todd Oppenheimer To: Kelli McDonald; Nicole Peterson; Ray Pynn; Ron Braden Date: 03/14/2008 4:16 PM Subject: Vail Kiosk - ADA requirements Something to keep in mind while were working on designs is the accessibility of the touch screens. Section 308.2 of the Accessibility Guidelines for forward and side reach locate the operable elements (the points a user would have to touch) a maximum of 48" and a minimum of 15" above the ground surface. We'll need to check how these dimensions relate to the 34" x 24" opening size we are currently showing. Todd FILE COPY THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on June 3, 2008, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEMITOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a Design Review application, submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tract B-C, Vail Village Filing 1 (On Bridge Street, north of the covered bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue) and setting forth details in regard thereto. Appellant: Town of Vail, represented by Todd Oppenheimer, Public Works Planner: Nicole Peterson 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 project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Published May 16, 2008, in the Vail Daily