HomeMy WebLinkAboutPEC070059 PEC070074 �� . ���-�-� ;
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MEMORANDUM � $e7��7,•S "' 2� ,
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TO : Town Council "a -,(� -� f�• j
FROM : Community Development Department
DATE : December 4 , 2007
SUBJECT: Second reading of Ordinance No . 34, Series of 2007 , an ordinance amending the
Official Zoning Map for the Town of Vail in accordance with Title 12 , Zoning
Regulations , Chapter 5 , Zoning Map; Rezoning �ot 86 , Block 2 , Vail Potato Patch ,
from High Density Multi-Family (HDMF) District to Housing (H) District, and setting �
forth details in regard thereto. (PEC-0059) !,
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt Schultz
Lindall Architects
Planner: Scot Hunn
I . SUMMARY
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt, Gwathmey Pratt
Schultz Lindall Architects (GPSL) , is requesting a second reading of Ordinance No . 34 ,
Series 2007 , an ordinance amending the Official Zoning Map for the Town of Vail in
accordance with . Title 12 , Zoning Regulations , Chapter 5, Zoning Map , fo allow for a .
rezoning of a property from High Density Multiple-Family ( HDMF) District to Housing (H )
District, located at 501 North Frontage Road , �ot 8B , Block 2 , Vail Potato Patch . The
Applicant has submitted the application in anticipation of the redevelopment of the
property known as Solar VaiL .
11 . BACKGROUND
On October 8 , 2007 , the Town of Vail Planning and Environmental Commission ( PEC)
held a public hearirig on the request to amend the Official Zoning Map of the Town of Vail .
Upon consideration of the request, as well as , applicable criteria and findings , the
Commission unanimously approved a motion recommending approval of the rezoning
request to the Vail Town Council . Additional background pertaining to the request, as well
as , details of the proposed zone district boundary amendment , applicable criteria , and
applicable findings are included in the October 8 , 2007 Planning and Environmental
Commission Staff memorandum .
,� On November 20 , 2007 , the Council voted unanimously to approve Ordinance No. 34,
Series of 2007 , on first reading .
II1 . STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council approves
Ordinance No . 34 , Series of 2007, on second reading , an ordinance amending the Official
Zoning Map for the Town of Vail in accordance with Title 12 , Zoning Regulations , Chapter 5 ,
Zoning Map; Rezoning �ot 8B, Block 2 , Vail Potato Patch , from High Density Multi-Family
(HDMF) District to Housing (H) District, and setting forth details in regard thereto. Staff's
recommendation is based upon the review of the criteria noted in the October 8 , 2007,
staff memorandum to the Planning and Environmental Commission and .the evidence and '
testimony presented .
' Should the Town Council choose to approve Ordinance No . 34, Series of 2007 , on second I
reading , the Community Development Department recommends the Town Council makes I�
the following findings :
" The Town Council finds that the applicant has demonstrated to the satisfaction of
the Council, based upon the evidence and testimony presented:
1 . That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the Town, based upon the review outlined in
Section Vlll of the Staff's October 8, 2007, memorandum to ` the Planning
and Environmental Commission; and
� 2. That the amendment is compatible with and suitable to adjacent uses and
appropriate for tlie surrounding areas, based upon the review outlined in
Section Vlll of the Staff's October 8, 2007, memorandurri to the Planning
and Environmental Commission; and
3. That the amendment promotes the health, safety, morals, and general
. welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality, based upon the review outlined
in Section Vlll of the Staff's October 8, 2007, memorandum to the Planning
and Environmental Commission. "
IV. ACTIONS REQUIRED OF COUNCIL i
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The Town Council can vote to approve , approve with modifications , or deny Ordinance No . �
34 , Series of 2007 , upon second reading .
V. ATTACHMENTS
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A. Ordinance 34 , Series of 2007 �
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�ttachment A '
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ORDINANCE NO. 34
Series of 2007
� AN ORDINANCE AMENDING THE OFFICIA� ZONING MAP OF THE TOWN OF VAIL IN
ACCORDANCE WITH TITLE 12, ZONING REGULATIONS , CHAPTER 5, ZONING MAP ;
REZONING �OT 8B, B �OCK 2, VAIL. POTATO PATCH , FROM HIGH DENSITY MULTIIP�E
FAMILY ( HDMF) DISTRICT, TO HOUSING ( H) DISTRICT, AND SETTING FORTH DETAILS IN
REGARDS THERETO.
WHEREAS , Chapter 5 , Zoning Map , of the Vail Town Code establishes the procedures for
evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map") ; and
WHEREAS , the proposed amendment to the "Zoning Map" has been reviewed in
accordance with the prescribed requirements autlined in Sections 12-3- 1 through 12-3-7 of the
Zoning Regulations of the Vail Town Code ; and
WHEREAS , on October 8 , 2007 , the Planning and Environmental Commission of the Town
of Vail reviewed and forwarded a recommendation of approval of the proposed amendment to the
� "Zoning Map" to the Vail � Town Council in accordance with the criteria and findings outlined in
Section 12-3-7 of the Zoning Regulations of the Town of Vail ; and
WHEREAS , the Vail Town Couneil finds the proposed amendment to the "Zoning Map" is
consistent with the adopted goals , objectives and policies outlined in the Vail Comprehensive Plan ,
the and is compatible with the development objectives of the Town ; and
WHEREAS , the Vail Town Council finds the amendment to the "Zoning Map" is compatible
with and suitable to adjacent uses and appropriate for the surrounding areas ; and
WHEREAS , the Vail Town Council finds the amendment to the "Zoning Map" promotes. the
health , safety, morals , and general welfare of the Town and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
ORDINANCE NO 34, SERIES OF 2007
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NOW, THEREFORE , BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF �
VAIL, COLORADO , THAT:
Section 1 . Zoning Map Amendment:
The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail . The
Official Zoning Map of the Town of Vail is hereby amended as follows:
Lot 86 , Block 2 , Vail Potato Patch , shall be re-zoned from High Density Multiple
Family ( HDMF) District to Housing (H) District, as illustrated on Exhibit A attached ,
hereto . I
Section 2. If any part, section , subsection; sentence , clause or phrase of this ordinance
is for any reason held to be invalid , such decision shall not effect the validity of the remaining
portions of this ordinance ; and the Town Council hereby declares it would have passed this
ordinance , and each part, section , subsection , sentence, clause or phrase thereof,
regardless of the fact that any one or more parts , sections , subsections , sentences, clauses
or phrases be declared invalid . ,
Section 3. The Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the health , safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect ariy right which has accrued , any duty imposed , any violation that
occurred prior to the effective date hereof, any prosecution commenced , nor any other
action or proceeding as commenced under or by virtue of the provision amended . The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein .
ORDINANCE NO 34, SERIES OF 2007
Section 5. All bylaws , orders , resolutions and ordinances , or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance , or part thereof, theretofore
repealed .
INTRODUCED , READ ON FIRST READING , APPROVED , AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of November, 2007 and a
public hearing for second reading of this Ordinance set for the 4th day of December, 2007, in
the Council Chambers of the Vail Municipal Building , Vail , Colorado .
Richard D. Cleveland , Mayor
Attest:
Lorelei Donaldson , Town Clerk
INTRODUCED , READ , ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FU �L this 4th day of December, 2007 .
Richard D . Cleveland , Mayor
Attest:
Lorelei Donaldson , Town Clerk
ORDINANCE NO 34, SERIES OF 2007
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MEMORANDUM CT���� � � ?�� '
TO : Town Council
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FROM : Community Development Department
' DATE : December 4 , 2007
SUBJECT: Second reading of Ordinance No . 35 , Series of 2007 , an ordinance amending
Sections 12-61 -3 , Conditional Uses , and 12- 16-7 , Use Specific Criteria and
Standards , Vail Town Code , to add "Professional Offices and Business Offices"
to the list of allowable conditional uses in the Housing ( H) District, and setting
forth details in regard thereto. ( PEC07-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt
Schultz Lindall Architects
Planner: Scot Hunn
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I . DESCRIPTION OF THE REQUEST I
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt, Gwathmey Pratt .
Schultz Lindall Architects (GPS �) , is requesting a second reading of Ordinance No . 35 ,
Series of 2007 , an ordinance amending Sections 12-61-3 , Conditional Uses , and 12- 16-
7 , Use Specific Criteria and Standards , Vail Town Code , to add "Professional Offices
and Business Offices" to the list of allowable conditional uses in the Housing (H) District, i
and setting forth details in regard thereto. As proposed , the text amendment would allow i
for the operation of both professional . and business offices , including "offices for i
physicians , dentists and similar medical practices" within the H District, as further ;
defined in Section 12-2-2 , Definitions , Vail Town Code , and with certain limitations and "
restrictions on each use as further set forth in Section 12- 16-7 , Use Specific Criteria and �
Standards.
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II . BACKGROUND . ;
On October 8 , 2007 , the Town of Vail Planning and Environmental Commission ( PEC) �
held a public hearing on the request for a text amendment to the Vail Town Code . Upon �I
consideration of the request , the Commission unanimously approved a motion �
recommending approval of the text amendment request to the Vail Town Council . i
Additional background pertaining to the request, as well as , details of the proposed text '
amendments , applicable criteria , and applicable findings are included in the �ctober 8 , �
2007 Planning and Environmental Commission Staff memorandum (Attachment B) . !
� On November 20 , 2007 , Council voted unanimously to approve Ordinance No . 35 ,
Series of 2007 , on first reading , with suggested revisions to the text amendment.
Specifically , the Council directed staff to strike sub-paragraph "a" , of sub=section 15 , of
Section 12- 16-7: Use Specific Criteria and Standards , to specifically allow for "offices for �
physicians , dentists and similar medical practices . ''
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III . STAFF RECOMMENDATION I
The Department of Community Development recommends that the Vail Town Council
approve Ordinance Na 35 , Series of 2007 , on second reading to amend Section 12-61 - 'I
3 , Conditional Uses , Vail Town Code , to add "Professional Offices and Business Offices" '
to the list of allowable conditional uses in the Housing (H ) District, and setting forth ,
details in regard thereto. . Staff's recommendation is based upon the review of the criteria !
noted in Section VI of the October 8 , 2007 Planning and Environmental Commission �I
Staff memorandum and the evidence and testimony presented . li
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Should the Town Council choose to approve Ordinance No. 35 , Series of 2007 , on '
second reading , the Department of Community Development recommends the Town '
Council make the following findings : !
1 . That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, based upon the review
outlined in Section Vl of the Staff's October 8, 2007, memorandum to the
Planning and Environmental Commission; and
2. That the amendments further the general and specific purposes of Title 12,
Zoning Regulations, Vail Town Code, based upon the review outlined in Section
VI of the Staff's October 8, 2007, memorandum to the Planning and
Environmental Commission; and
3. That the amendments promote the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the
Town in a manner that consenres and enhances its natural environment and its
established character as a resort and residential community of the highest
quality, based upon the review . outlined in Section VI of the Staff's October 8,
2007, memorandum to the Planning and Environmental Commission.
IV. ACTION REQUIRED OF COUNCI �
The Town Council can vote to approve , approve with modifications , or deny Ordinance
No . 35 , Series of 2007 , upon second reading .
V. ATTACHMENTS
A. Ordinance No . 35 , Series of 2007
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Attachment A ; j
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ORDINANCE NO. 35
SERIES OF 2007
ORDINANCE NO . 35 , SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-61-3 ,
CONDITIONAL USES , AND SECTION 12- 16-7 , USE SPECIFIC CRITERIA AND STANDARDS , �
VAIL TOWN CODE , TO ADD " PROFESSIONA� OFFICES AND BUSINESS OFFICES" TO THE
LISTOF ALLOWABLE CONDITIONA� USES IN THE HtOUSING (H) DISTRICT, AND SETTING.
FORTH DETAILS IN REGARD THERETO .
WHEREAS , the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code ; and
WHEREAS , the Planning and Environmental Commission of the Town of Vail
recommended approval of these amendments at its October 8 , 2007 meeting , and has
submitted its recommendation to the Vail Town Council ; and
WHEREAS , the Planning and Environmental Commission finds that the proposed
amendments are consistent with the applicable elements of the adopted goals , objectives and
policies outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town ; and
WHEREAS , the Planning and Environmental Commission finds that the proposed
amendments promote the health , safety, morals, and general welfare of the Town and promote �i
the coordinated and harmonious development of the Town in a manner that conserves and ',
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enhances its natural environment and its established character as a resort and residential '�
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community of the highest quality; and '
WHEREAS , the Vail Town Council considers it in the interest of the public health , safety,
and welfare to adopt these amendments to the Town Code . �
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF � '
VAIL, COLORADO , THAT:
Ordinance No. 35, Series of 2007
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Section 1 . The purpose of this ordinance is to amend Section 12-61-3 , Conditional
Uses , Vail Town Code, to add " Professional Offices and Business Offices" to the list of allowable
conditional uses in the Housing (H) District, and to amend Section 12- 16-7 , Use Specific Criteria lI
and Standards , Vail Town Code , to add paragraph 15 , " Business Offices and Professional ;
Offices in the Housing (H) District" . (Text that is to be deleted is �4e�. Text that is to be
added is bold . Sections of text that are not amended may be omitted .)
Section 2. Section 12-61 -3 , Conditional Uses (in part) is hereby amended as follows :
The following conditional uses shall be permitted in the H district, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning and
environmental commission) to the use of employee housing and specifically serving the needs of
the residents of the development, and developed in conjunction with employee housing, in which
case the following uses may be allowed subject to a conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor
shops, and similar services.
Retail stores and establishments.
Business offices and professional otfices as further regulated by Section 12- 16-7 of
this title.
Dwelling units (not employee housing units) subject to the following criteria to be evaluated
by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing on the
property, and
8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall
not exceed fhirty percent (30%) of the total GRFA constructed on the property, and
Ordinance No. 35, Series of 2007
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C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties. .
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment. •
Type VI employee housing units, as further regulated by chapter 13 of this title.
Section 3 . Section 12- 16-7 (in part) is hereby amended as follows :
15. Business Offices and Professional Offices in the Housing (H) District:
a. Business and professional offices shall be secondary to the residential use of
the District. The net floor area of the otfice use shall be not greater than 95% of
the net floor area of the development sife.
b. The sale of inerchandise shall be prohibited.
c. Off-streef parking shall be provided in accordance with the provisions of
Chapter �2- 10 of this title and shall be clearly separate from the area
designated for residential parking.
d. No overnight parking or storage of commercial vehicles associated with the
professional or business office use shall permitted.
e. Signage shall be permitted in accordan de with Section 91-6-3-A : Business
Signs within Sign District 1 (Title 11 : Sig Regulations, Vail Town Code) and
shall be subject to design review.
f. The number of employees allowed in a business office or professional office
within the Housing District shall not exceed one emp/oyee for each 200 square
feet of net floor area.
g. Homeowner Association or property owner approval shall be required of a/!
Conditional Use Permit applications for a Professional Office or a Business
Office within the Housing (H) District pursuant to Section 12- 11-4: B;D,
Application Form, Vail Town Code.
Secfiion 4. If any part, section , subsection , sentence , clause or phrase of this
ordinance is for any reason held to be invalid ; such decision shall not effect the validity of the
remaining portions of this ordinance ; and the Town Council hereby declares it would have
Ordinance No. 35, 5eries of 2007
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passed this ordinance , and each part, section , subsection , sentence, clause or phrase thereof, �
regardless of the fact that any one or more parts , sections , subsections , sentences, clauses or
phrases be declared invalid . �
Section 5. The Town Council hereby finds , determines and declares that this �I'�,
ordinance is necessary and proper for the health , safety and welfare of the Town of Vail and the ',
inhabitants thereof. I
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Section 6. The amendment of any provision of the Town Code as provided in this II
ordinance shall not affect any right which has accrued , any duty imposed , any violation that !
occurred prior to the effective date hereof, any prosecution commenced , nor any other action or
proceeding as commenced under or by virtue of the provision amended . The amendment of any �
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein .
Section 7. All bylaws , orders , resolutions and ordinances , or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance , or part thereof, theretofore
repealed . �
INTRODUCED , READ ON FIRST READING , APPROVED , AND ORDERED
PUB �ISHED ONCE IN FULL ON FIRST READING this 20th day of November, 2007 and a
public hearing for second reading ofi this Ordinance set for the 4th day of December, 2007, in
the Council Chambers of the Vail Municipal Building , Vail , Colorado .
Richard D . Cleveland , Mayor
Attest:
Lorelei Donaldson , Town Clerk
Ordinance No. 35, Series of 2007
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INTRODUCED , READ , ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 4th day of December, 2007 .
Richard D . Cleveland , Mayor
Attest:
�orelei Donaldson , Town Clerk
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Ordinance No. 35, Series of 2007 ;
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MEMORANDUM ��.���'� -- 16`�-� �� �-��k��.
TO : Town Council �6�-�'d`►`� -- ���
FROM : Community Development Department ,
DATE : November 20 , 2007
SUBJECT: First reading of Ordinance No . 34, Series of 2007 , an ordinance amending the
Official Zoning Map for the Town of Vail in accordance with Title 12 , Zoning
Regulations , Chapter 5 , Zoning Map; Rezoning Lot 8B , Block 2 , Vail Potato Patch ,
from High Density Multi-Family (HDMF) District to Housing (H) District, and setting
forth details in regard thereto. (PEC-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt Schultz
�indall Architects
Planner: Scot Hunn ' ' ''
I . SUMMARY
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt, Gwathmey Pratt
Schultz Lindall Architects (GPSL) , is requesting a first reading of Ordinance No . 34 , Series
2007 , an ordinance amending the Official Zoning Map for the Town of Vail in accordance
with Title 1 �2 , Zoning Regulations , Chapter 5; Zoning Map, to allow for a rezoning of a
property from�High Density Multiple-Family ( HDMF) District to Housing ( H) District , located
at 501 North Frontage Road , �ot 8B , Block 2 , Vail Potato Patch . The Applicant has
submitted the application in anticipation of the redevelopment of the property known as
Solar Vail .
IL BACKGROUND
On October 8 , 2007 , the Town of Vail Planning and Environmental Commission ( PEC)
held a public hearing on the request to amend the Official Zoning Map of the Town of Vail .
• Upon consideration of the request, as well as , applicable criteria and findings , the
Commission unanimously approved a motion recommending approval of the rezoning
request to the Vail Town Council . Additional background pertaining to the request, as well
as , details of the proposed zone district boundary amendment, applicable criteria , and
applicable findings are included in the October 8 , 2007 Planning and Environmental
Commission Staff memorandum (Attachment B) .
111 . CRITERIA FOR REVIEW � A . �� '"� `� •
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The criteria outlined in section VIII of the Staff's memorandum to the Planning and
Environmental Commission , dated October 8 , 2007 , shall be used as the principal criteria
in evaluating the merits of the proposed amendment to the Official Zoning Map of the
Town of Vail .
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IV. STAFF RECOMMENDATION '
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The Community Development Department recommends that the Town Council approves �
Ordinance No . 34 , Series of 2007 , on first reading , an ordinance amending the Official !
Zoning Map for the Town of Vail in accordance with Title 12 , Zoning Regulations , Chapter 5 ,
Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch , from High Density Multi-Family
(HDMF) District to Housing (H) District, and setting forth details in regard thereto. Staff's
recommendation is based upon the review of the criteria noted in the October 8, 2007,
staff memorandum to the Planning and Environmental Commission and the evidence and
testimony presented .
Should the Town Council choose to approve Ordinance No . 34 , Series of 2007 , on first
reading , the Community Development Department recommends the Town Council makes
the following findings :
° The Town Council finds that the applicant has demonstrated to the satisfaction of ,
the Council, based upon the evidence and testimony presented: '
1 . That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the Town, based upon the review outlined in
Section Vlll of the Staff's October 8, 2007, memorandum to the Planning
and Environmental Commission; and
2. That the amendment is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, based upon the review outlined in
Section VIU of the Staff's October 8, 2007, memorandum to the Planning �
and Environmental Commission; and
3. That the amendment promotes the health, safety, morals, and general
� welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality, based upon the review outlined
in Section Vlll of the Staff's October 8, 2007, memorandum to the Planning
and Environmental Commission. "
V. ATTACHMENTS
A. Ordinance 34 , Series of 2007
B . Memorandum to the PEC dated October 8 , 2007
Attachment A
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ORDINANCE NO . 34 I
Series of 2007 � �
AN ORDINANCE AMENDING THE OFFICIA� ZONING MAP OF THE TOWN OF VAIL IN ,
ACCORDANCE WITH TITLE 12, ZONING REGU �ATIONS , CHAPTER 5, ZONING MAP ;
REZONING LOT 8B, BLOCK 2, VAIL POTATO PATCH , FROM HIGH DENSITY MULTIIPLE
FAMILY ( HDMF) DISTRICT, TO HOUSING ( H) DISTRICT, AND SETTING FORTH DETAILS IN
REGARDS THERETO.
WHEREAS , Chapter 5 , Zoning Map , of the Vail Town Code establishes the procedures for
evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map") ; and
WHEREAS , the proposed amendment to the "Zoning Map" has been reviewed in
accordance with the prescribed requirements outlined in Sections 12-3- 1 through 12-3-7 of the
Zoning Regulations of the Vail Town Code ; and
WHEREAS , on October 8 , 2007 , the Planning and Environmental Commission of the Town
of Vail reviewed and forwarded a recommendation of approval of the proposed amendment to the
"Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in
Section 12-3-7 of the Zoning Regulations of the Town of Vail ; and
WHEREAS , the Vail Town Council finds the proposed amendment to the "Zoning Map" is
consistent with the adopted goals , objectives and policies outlined in the Vail Comprehensive Plan ,
the Vail Village Master Plan and is compatible with the development objectives of the Town ; and
WHEREAS , the Vail Town Council finds the amendment to the "Zoning Map" is compatible
with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS , the Vail Town Council finds the amendment to the "Zoning Map" promotes the
health , safety, morals , and general welfare of the Town and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
ORDINANCE NO 34, SERIES OF 2007
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NOW, THEREFORE , BE IT ORDAINED BY THE TOWN COUNCI � OF THE TOWN OF
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VAIL, COLORADO , THAT : �
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Section 1 . Zoning Map Amendment: ,
The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail . The
Official Zoning Map of the Town of Vail is hereby amended as follows:
Lot 86 , Block 2 , Vail Potato Patch , shall be re-zoned from High Density Multiple ,
Family (HDMF) District to Housing (H) District, as illustrated on Exhibit A attached
hereto .
Section 2. If any part, section , subsection , sentence, clause or phrase of this ordinance
is for any reason held to be invalid , such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section , subsection , sentence , clause or phrase thereof,
regardless of the fact that any one or more parts , sections , subsections , sentences, clauses
or phrases be declared invalid .
Section 3 . The Town Council hereby finds , determines and declares that this ordinance
is necessary and proper for the health , safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued , any duty imposed , any violation that
occurred prior to the effective date hereof, any prosecution commenced , nor any other
action or proceeding as commenced under or by virtue of the provision amended . The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein .
ORDINANCE NO 34, SERIES OF 2007
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Section 5. All bylaws , orders , resolutions and ordinances , or parts thereof, inconsistent I�
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance , or part thereof, theretofore
repealed . '
INTRODUCED , READ ON FIRST READING , APPROVED , AND ORDERED
PUB �ISHED ONCE IN FULL ON FIRST READING this 20th day of November, 2007 and a
public hearing for second reading of this Ordinance set for the 4th day of December, 2007 , in
the Council Chambers of the Vail Municipal Building , Vail , Colorado .
Dick Cleveland , Mayor
Attest:
Lorelei Donaldson , Town Clerk
ORDINANCE NO 34, SERIES OF 2007
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• Menu boxes wiil be limited to two menu boxes of up to 6 sq . ft. and one specials .
board of up to 3 sq . ft. per business frontage with a public entrance . This has
changed from allowing one menu box of up to 6 sq . ft.
• Unlimited number of sales signs for up to 3 sq . ft of signage . Prior, businesses
were allowed one sale sign of up to 1 . 5 sq . ft. with a special provision for
additional signage during the winter.
• Outdoor displays on public right-of-ways will be leased via a new leasing program
to be created by the town . The leasing will be reviewed by Council during an
upcoming meeting . Prior, outdoor displays were allowed in commercial and
business districts on a business' own property , without regulatian .
Hitt clarified the allowed square footage of displays is measured from the outside edge
to the outside edge of the display case . Rogers verified there was no time limit on the
amount of time a sale sign could be displayed . Newbury moved to di�ect staff to
proceed and develop a public signage leasing program and limit the number of inenu
boxes to one equaling a maximum of six square feet with Rogers seconding .
The seventh item on the agenda was the first reading of Ordinance No . 34, Series of
� 2007 , an ordinance amending the O�cial Zoning Map for the Town of Vail in accordance
with Title 12 , Zoning Regulations , Chapter 5 , Zoning Map; Rezoning Lot 8B , Block 2 , Vail .
Potato Patch , from High Density Multiple Family (HDMF) District to Housing ( H) District
Council voted unanimously to approve a request to amend the town' s official zoning map
to a Housing ( H) District on Lot8B , Block 2 , Vail Potato Patch . Town Planner Scot Hunn
explained the rezoning would allow the property owner to build 63 new, deed restricted
employee housing units. Hunn said the PEC recommended approval for the rezoning at
its Oct. 8 public hearing . The H District zoning was created five years ago and currently
only applies to Middle Creek and Timber Ridge . Representing the Vail Village
Homeowner's Association , Jim Lamont questioned the lack of master planning on H
District parcels and encouraged Council to follow design standards as , projects are
approved . Cleveland thanked the applicant for his efforts to provide non-required
employee housing . Newbury moved to approve the project with Gordon seconding .
The eighth item on the agenda was the first reading of Ordinance No . 35 , Series of 2007 ,
an ordinance amending Sections 12-61-3 , Conditional Uses , and 12-16-7 , Use Specific
� Criteria and Standards, Vail Town Code , to add "Professional O�ces and Business
" �`' Offices" to the list of allowable conditional uses in the Housing ( H) District.
Council yoted 7-0 to approve a text amendment to the town code to allow 15 percent of
the total square footage of an H District project to be professional and business offices .
This follows a���recommendation by the PEC at its Oct. 8 public hearing . Community
Development Director George Ruther clarified the background rationale for allowing 15
percent is determined when the housing square feet totals are completed . Community
member Tom Steinberg questioned whether adequate parking would be able to exist on
the site with the inclusion of business offices . Newbury moved to approve the ordinance
with Daly seconding .
The ninth item on the agenda was the first Reading of Mil Levy Certification , Ordinance
No . 36 , Series of 2007 .
5
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�� �� �G�- ��p"�`' �(Vl,<'J��`�-� i
MEMORANDUM ;�� -Z��
TO : Town Council
�
FROM : Community Development Department � ��V��� `� I
) �`C�c- � � � .� .
DATE : November 20 , 2007
SUBJECT: First reading of Ordinance Na . 35 , Series of 2007 , an ordinance amending
Sections 12-61 -3 , Conditional Uses , and 12- 16-7 , Use Specific Criteria and
Standards , Vail Town Code , to add "Professional Offices and Business Offices"
to the list of allowable conditional uses in the Housing ( H) District, and setting
forth details in regard thereto . (PEC07-0059)
Applicant : Sonnenalp Properties , Inc. , represented by Gwathmey Pratt
Schultz Lindall Architects
Planner: Scot Hunn
1 . DESCRIPTION OF THE REQUEST
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt, Gwathmey Praft
Schultz Lindall Architects (GPSL) , is requesting a first reading of Ordinance No . 35 ,
Series of 2007 , an ordinance amending Sections 12-61 -3 , Conditional Uses , and 12- 16-
7, Use Specific Criteria and Standards , Vail Town Code , to add "Professional Offices
and Business Offices" to the list of allowable conditional uses in the Housing ( H) District,
and setting forth details in regard thereto. As proposed , the text amendmenf would allow
for the operation of both professional and business offices within the H District, as further
defined in Section 12-2-2 , Definitions , Vail Town Code , and with certain limitations and
restrictions on each use as further set forth in Section 12- 16-7 , Use Specific Criteria and
Standards .
II . BACKGROUND
On October 8 , 2007 , the Town of Vail Planning and Environmental Commission ( PEC)
held a public hearing on the request for a text amendment to the Vail Town Code . Upon
consideration of the request, the Commission unanimously approved a motion
recommending approval of the text amendment request to the Vail Town Council .
Additional background pertaining to the request, as well as , details of the proposed text
amendments , applicable criteria , and applicable findings are included in the October 8 ,
2007 Planning and Environmental Commission Staff memorandum (Attachment B) .
II1 . CRITERIA FOR REVIEW /� �� `� �
( �`�
The criteria outlined in section VI of the Staff's memorandum to the Planning and
Environrnental Commission , dated October 8 , 2007 , shall be used as the principal
criteria in evaluating the merits of the proposed amendment to the Town Code .
1
i
IV. STAFF RECOMMENDATION
The Department of Community Development recommends that the Vail Town Council
approve Ordinance No . 35 , Series of 2007 , on first reading to amend Section 12-61 -3,
Conditional Uses , Vail Town Code , to add " Professional Offices and Business Offices" to
the list of allowable conditional uses in the Housing ( H ) District, and setting forth details
in regard thereto . Staff's recommendation is based upon the review of the criteria noted
in Section VI of the October 8 , 2007 Planning and Environmental Commission StafF
memorandum (Attachment B) and the evidence and testimony presented .
Should the Town Council choose to approve Ordinance No. 35 , Series of 2007 , on first
reading , the Department of Comrriunity Development recommends the Town Council
make the following findings :
1 . That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, based upon the review
outlined in Section VI of the Staff's October 8, 2007, memorandum to the
Planning and Environmental Commission; and
2. That the amendments further the general and specific purposes of Title 12,
Zoning Regulations, Vail Town Code, based upon the review outlined in Section
VI of the Staff's October 8, 2007, memorandum to the Planning and
Environmental Commission; and
3. That the amendments promote the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality, based upon the review outlined in Section VI of the Staff's October 8,
2007, memorandum to the Planning and Environmental Commission.
V. ATTACHMENTS
A . Ordinance No . 35 , Series of 2007
B . Planning and Environmental Commission Staff memorandum dated October 8 , 2007
z
� Attachment A i
ORDINANCE NO. 35
SERIES OF 2007
ORDINANCE NO . 35 , SERIES OF 2007 , AN ORDINANCE AMENDING SECTION 12-61-3,
CONDITIONAL USES , AND SECTION 12- 16-7 , USE SPECIFIC CRITERIA AND STANDARDS , '
VAIL TOWN CODE , TO ADD " PROFESSIONA� OFFICES AND BUSINESS OFFICES" TO THE
�ISTOF ALLOWABLE CONDITIONAL. USES IN THE HOUSING (H) DISTRICT; AND SETTING
FORTH DETAILS IN REGARD THERETO .
WHEREAS , the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code ; and
WHEREAS , the Planning and Environmental Commission of the Town of Vail
recommended approval of these amendments at its October 8 , 2007 meeting , and has
submitted its recommendation to the Vail Town Council ; and
WHEREAS , the Planning and Environmental Commission finds that the proposed .
amendments are consistent with the applicable elements of the adopted goals , objectives and
policies outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town ; and
WHEREAS , the Planning and Environmental Commission finds that the proposed
amendments promote the health , safety, morals , and general welfare of the Town and promote
the coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality; and
WHEREAS , the Vail Town Council considers it in the interest of the public health , safety,
and welfare to adopt these amendments to the Town Code .
NOW, THEREFORE , BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO , THAT:
Ordinance No. 35, Series of 2007
1
� i
i
Section 1 . The purpose of this ordinance is to amend Section 12-61-3 , Conditional �
Uses , Vail Town Code , to add " Professional Offices and Business Offices" to the list of allowable �
;
conditional uses in the Housing (H) District, and to amend Section 12- 16-7 , Use Specific Criteria
and Standards , Vail Town Code , to add paragraph 15 , " Business Offices and Professional '
Offices in the Housing (H) District" . (Text that is to be deleted is �i�et�. Text that is to be
added is bold . Sections of text that are not arnended may be omitted . )
Section 2. Section 12-61-3 , Conditional Uses (in part) is hereby amended as follows :
The following conditional uses shall be permitted in the H district, subject ta issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning and
environmental commission) to the use of employee housing and specifically serving the needs of
the residents of the development, and developed in conjunction with employee housing, in which
case the following uses may be allowed subject to a conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor
shops, and sim'ilar services.
Retail stores and establishments.
Business offices and professional• otfices as furfher regulated by Secfion 12- 16-7 of
this title. ������ �� �� o�� .
Dwelling units (not employee housing units) subject to the following criteria to be evaluated
by the planning and environmental commission:
A . Dwelling units are created solely for the purpose of subsidizing employee housing on the
property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall
not exceed thirty percent (30%) of the total GRFA constructed on the property, and
Ordinance No. 35, Series of 2007
2
C. Dwelling units are only created in conjunction with employee housing, and
D. IDwelling units are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
Type VI employee housing units, as further regulated by chapter 13 of this title.
L
Section 3. Section 12- 16-7 (in part) is hereby amended as follows :
- 95. Business Offices and Professional Offices in the Housing (H) Districf:
`�� Offices for physicians, dentists and similar medical practices shal/ be
excluded in the Housing (H) District.
b. Business and professional offices shal/ be secondary fo the residential use of
the District. The net floor area of the office use shall be not greater than 15% of
the net floor area of the development site.
c. The sa/e of inerchandise shall be prohibifed.
d. Off-sfreet parking shall be provided in accordance . with the provisions of
� Chapter 12-10 of this title and shall be clearly separate from the area
designated for residential parking.
e. No overnight parking or storage of commercial vehicles associafed with the
professional or business office use shall be permitted.
f. Signage shall be permitfed in accordancde with Section ' 1-6-3-A : Business
Signs wifhin Sign District � (Title 11 : Sign Regulafians, Vail Town Code) and
shall be subject to design review.
g. The number of emp/oyees allowed in a business office or professional office
. within the Housing District shall not exceed one employee for each 200 square
feet of net floor area.
h. Homeowner Association or property owner approval shall be required of all
Conditional Use Permit applications for a Professional Office or a Business
Office within the Housing (H) District pursuant to Section 12- 11-4: B:D,
Application Form, Vail Town Code.
Section 4. If any part, section , subsection , sentence, clause or phrase of this
ordinance is for any reason held to be invalid , such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
Ordinance No. 35, Series of 2007
3
passed this ordinance, and each part, section , subsection , sentence, clause or phrase thereof,
regardless of the fact that any one or more parts , sections , subsections , sentences , clauses or
phrases be declared invalid .
Section 5. The Town Council hereby finds , determines and declares that this
ordinance is necessary and proper for the health , safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued , any duty imposed , any violation that
occurred prior to the efFective date hereof, any prosecution commenced , nor any other action or
proceeding as commenced under or by virtue of the provision amended . The amendment of any
provision liereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein . .
Section 7. All bylaws , orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance , or part thereof, theretofore
repealed .
INTRODUCED , READ ON FIRST READING , APPROVED , AND ORDERED
PUBLISHED ONCE IN FU �L ON FIRST READING this 20th day of November, 2007, and a I!,
public hearing for second reading of this Ordinance set for the 4th day of December, 2007 , at �
6 : 00 P. M . in the Council Chambers of the Vail Municipal Building , Vail , Colorado .
Dick Cleveland , Mayor
ATTEST: .
�orelei Donaldson , Town Clerk
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Qrdinance No. 35, Series of 2007 �
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• Menu boxes will be limited to two menu boxes of up to 6 sq . ft. and one specials .
board of up to 3 sq . ft. per business frontage with a public entrance . This has
changed from allowing one menu box of up to 6 sq . ft.
o Unlimited number of sales signs for up to 3 sq . ft of signage . Prior, businesses
were allowed one sale sign of up to 1 . 5 sq . ft. with a special provision for
additional signage during the winter.
a Outdoor displays on public right-of-ways will be leased via a new leasing p�ogram
to be created by the town . The leasing will be reviewed by Council during an
upcoming meeting . Prior, outdoor displays were allowed in commercial and
business districts on a business' own property , without regulation .
Nitt clarified the allowed square footage of displays is measured from the outside edge
to the outside edge of the display case . Rogers verified there was no time limit on the
amount of time a sale sign could be displayed . Newbury moved to direct staff to
proceed and develop a public signage leasing program and limit the number of inenu
boxes to one equaling a maximum of six square feet with Rogers seconding .
The seventh item on the agenda was the first reading of Ordinance No. 34 , Series of
� 2007 , an ordinance amending the Official Zoning Map for the Town of Vail in accardance
-�� � with Title 12 ; Zoning Regulations , Chapter 5 , Zoning Map; Rezoning Lot 8B , Block 2 , Vail .
Potato Patch , from High Density Multiple Family (HDMF) District to Housing (H) District
Council voted unanimously to approve a request to amend the town's official zoning map
to a Housing (H) District on Lot8B , Block 2 , Vail Potato Patch . Town Planner Scot Hunn
explained the rezoning would allow the property owner to build 63 new , deed restricted
employee housing units . Hunn said the PEC recommended approval for the rezoning at
its Oct. 8 public hearing . The H District zoning was created five years ago and currently
only applies to Middle Creek and Timber Ridge. Representing the Vail Village
Homeowner's Association , Jim Lamont questioned the lack of master planning on H
District parcels and encouraged Council to follow design standards as . projects are
appraved . Cleveland thanked the applicant for his efforts to provide non-required
employee housing . Newbury moved to approve the project with Gordon seconding .
The eighth item on the agenda was the first reading of Ordinance No. 35 , Series of 2007 ,
an ordinance amending Sections 12-61-3 , Conditional Uses , and 12-16-7 , Use Specific
Criteria and Standards , Vail Town Code , to add "Professional Offices and Business
" �` Offices" to the list of allowable conditional uses in the Housing (H) District.
Council voted 7-0 to approve a text amendment to the town code to allow 15 percent of
the total square footage of an H District project to be professional and business offices .
This follows a`recommendation by the PEC at its Oct. 8 public hearing . Community
Development Director George Ruther clarified the background rationale for allowing 15
percent is determined when the housing square feet totals are completed . Community
member Tom Steinberg questioned whether adequate parking would be able to exist on
the site with the inclusion of business offices . Newbury moved to approve the ordinance
with Daly seconding .
The ninth itern on the agenda was the first Reading of Mil Levy Certification , Ordinance
No . 36 , Series of 2007 . �
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' Project Name: SOIAR VAIL REZONING PEC Number: PEC070059
Project Description :
FINAL APPROVAL FOR REZONING, CONVERSION OF SOLAR VAIL EMPLOYEE HOUSING FROM
HDMF TO HOUSING ZONE DISTRICT
Participants: '
OWNER SONNENALP PROPERTIES INC 09/ 10/2007
20 VAIL RD
VAIL
CO 81657
APPLICANT SONNENALP PROPERTIES INC 09/ 10/2007
JOHANNES FAESSLER
20 VAIL RD
VAIL
CO 81657
Project Address: 501 N FRONTAGE RD WEST VAI� Location : 501 N . FRONTAGE RD. W.
Lega) Description : Lot: 8-B Block: 2 Subdivision : VAI� POTATO FATCH
Parcel Number: 2101-063-0201- 1
Comments:
BOARD/STAFF ACTION
Motion By: Kjesbo Action : APPROVED
Second By: Kurz
Vote: 5-0-0 Date of Approval : 10/08/2007
Conditions:
Cond : 8
( PLAN) : No changes to these pians may be made without the written consent of Town of
Vail stafF and/or the appropriate review committee(s) .
Planner: PEC Fee Paid : $ 1,300 .00
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MEMORANDUM
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TO : Planning and Environmental Commission
FROM : Community Development Department
DATE : October 8 , 2007
SUBJECT: A request for a final 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 a rezoning of a property from High Density Multiple-
Family (HDMF) District to Housing ( H) District, located at 501 North Frontage '
Road , Lot 8 , Block 2 , Vail Potato Patch and setting forth details in regard
thereto . ( PEC07-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt
Schultz Lindall Architects
Planner: Scot Hunn
I . SUMMARY
The Applicant, Sonnenalp Properties, inc. , represented by Henry Pratt, Gwathmey
Pratt Schultz Lindall Architects (GPS �) , has submitted a request for a final
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 a rezoning of a
property from High Density Multiple-Family (HDMF) District to Housing (H ) District,
located at 501 North Frontage Road , Lot 8 , Block 2 , Vail Potato Patch (a complete
legal description is available for inspection at the Town of Vail Community
Development Department) . The Applicant has submitted the apptication in
anticipation of the redevelopment of the property known as Solar Vail .
Staff is recommending that the Planning and Environmental Commission forwards a
recommendation of approval of the proposed rezoning subject to the findings and
conditions outlined in Section VIII of this memorandum .
11 . DESCRIPTION OF REQUEST
The Applicant, Sonnenalp Properties , Inc. ; represented by Henry Pratt, GPSL, has
submitted a request for a final 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 a rezoning of a property from High Density Multiple-Family
(HDMF) District to Housing (H ) District. The purpose of the application is to amend
the Official Zoning Map of the Town of Vail whereby the platted Solar Vail property
will be rezoned to Housing District in anticipation of the redevelopment of the
property , specifically to allow for the applicant to propose a higher number of
employee housing units ( EHUs) on the site than would otherwise be permitted under
current HDMF zoning . A vicinity map of the development site and surrounding area
has been attached for reference . (Attachment A) .
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III . BACKGROUND
Solar Vail History
The subject property was annexed into the Town of Vail by Ordinance No . 8 , Series
of 1969, which became effective on August 23 , 1969. Solar Vail was originally
constructed in 1976 and includes eleven ( 11 ) deed restricted employee housing units
(EHUs) and 13 dwelling units ( DUs) , for a total of 24 units awned and used
exclusively by Sonnenalp Properties as employee housing in support of the
Sonnenalp Hotel operations . The Solar Vail site was also approved for use as a
telecommunications (cell) antenna "farm" site ; housing multiple antennae for various
co-users or providers .
Current Proposal
The Applicant is currently proceeding through the Town 's development review
process and , in combination with a concurrent application for a text amendment to
allow for professional offices and business offices within the Housing ( H) District, the
Applicant proposes this rezoning to allow for re-development of the Solar Vail
property, inclusive of:
o demolition of the existing structure
s development of a 38 , 372 sq . ft. (net floor area) building containing sixty three
(63) deed restricted employee housing units
o development of approximately 4 ,404 square feet (approximately 11 . 5% of
total net floor area of the development) of professional and business office
space for use by Sonnenalp Properties , as well as other professional ar
businesses
Zoning Regulations
The Solar Vail property is currently zoned High Density Multi-Family (HDMF) . On
August 7 , 1973 , the Vail Town Council enacted Ordinanee No . 8 , Series of 1973 ,
adopting the Zoning Regulations for the Town of Vail and dividing the Town into
twelve zone districts , including the HDMF District.
On March 6 , 2001 , the Vail Town Council enacted Ordinance No . 3 , Series of 2001 ,
adopting the Housing ( H) District for fihe Town of Vail . Since the time of adoption ,
Staff has identified the following changes made to the Housing ( H) District:
Chapter 12-61 -3 (Conditional Uses) :
■ Ordinance 29, Series 2005 : Chitd daycare facilities ; public facilities ; public
recreational facilities (added)
■ Ordinance 19 , Series 2001 : Type VI employee housing units (added) ; the
words "deed restricted" were stricken
• Ordinance 3 , Series 2001 : Initial adoption of the Housing District
Land Use Designation and Zoning
This parcel is currently identified on the Vail Land Use Plan map as Medium Density
Residential ( MDR) , however zoning on the property is High Density Multi-Family
( HDMF) District . The Medium Density Residential land use category is the home to
the five (5) areas in Town presently zoned High Density Multi- Family ( HDMF) .
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According to the plan (amended March , 2006) , approximately 421 acres ( 12 . 5%) of
land within the Town is designated in the Medium Density Residential ( MDR) land
use category, while 68 . 5 acres ( . 02%) of land is designated as High Density
Residential ( HDR) . The only other parcels zoned Housing District (Middle Creek
Employee Housing and Timber Ridge) are identified on the �and Use Map as being
High Density Residential . Additionally, approximately 15 acres (< 1 %) of land within
the Town is designated in the Community Office (CO) land use category.
IV. ROLES OF THE REVIEWING BODIES
Rezoninq/Zone District Boundary Amendment
Planning and Environmental Commission :
The Planning and Environmental Commission is advisory to the Town Council . The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses , consistency with the Vail Comprehensive Plans , and impact
on the general welfare of the community.
Design Review Board :
The Design Review Board has no review authority on zoning/rezonings.
Town Council :
The Town Council is responsible for final approval/denial of a zoning/rezoning .
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses , consistency with the Vail
Comprehensive Plans , and impact on the general welfare of the community .
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Requlations (Title 12 , Vail Town Code)
Chapter 3 — Administration and Enforcement
12-3- 7: AMENDMENT
A. Prescription: The regulations prescribed in this title and the boundaries of the
zone districts shown on the official zoning map may be amended, or repealed
by the Town Council in accordance with the prodecures prescribed in this
chapter.
Chapter 6 , Article H — High Density Multiple Family (HDMF) District
12-6H- 1 : PURPOSE:
The high density multiple-family district is intended to provide sites for multiple-family
dwellings at densities to a maximum of twenty five (25) dwelling units per acre,
together with such public and semipublic facilities and lodges, private recreation
facilities and related visitor oriented uses as may appropriately be located in the
same zone district. The high density multiple-family district is intended to ensure
adequate light, air, open space, and other amenities commensurate with high density
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apartment, condominium and lodge uses, and to maintain the desirable residential
and resort qualities of the zone district by establishing appropriate site development �
standards. Certain nonresidential uses are permitted as conditional uses, which �,
relate to the nature of Vail as a winter and summer recreation and vacation
community and, where permitted; are intended to blend harmoniously with the
residential character of the zone district.
ha ter 6 Article I — Housin H District I�
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92-61- 1 : PURPOSE:
The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other residential
zone districts. It is necessary in this zone district to provide development standards .
specifically prescribed for each development proposal or project to achieve the
„--_ purposes prescribed in section 12- 1-2 of this title and to provide for the public
welfare. Certain nonresidential uses are allowed as conditional uses, which are
intended to be incidental and secondary to the residential uses of the district. The
housing district is intended to ensure that employee housing permifted in the zone
district is appropriately located and designed to meet the needs of residents of Vail,
to harmonize with surrounding uses, and to ensure adequate light, air, open spaces,
and other amenities appropriate to the allowed types of uses.
Vail Land Use Plan .
Chapter ll — Land Use Plan Goals/Policies �
The goals articulated here reflect the desires of the citizenry as expressed through
the series of public meetings that were held throughout the project. A set of initial
goa/s were developed which were then substantially revised after ditferent types of
opinions were brought out in the second meeting. The goal statements were
developed to reflect a general consensus once the public had had the opportunity to
reflect on the concepts and ideas initially presented. The goal statements were then
revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines
in the review process for new development proposals. These goal statements
should be used in conjunction with the adopted Land Use Plan map, in the
evaluation of any development proposal.
The goa/ statements which are reflected in the design of the proposed Plan are as
follows (in part):
1.. General Growth / Developmenf
1 . 1 Vail should continue to grow in a controlled environment, maintaining
a balance between residenfial, commercial and recreational uses
to serve both the visitor and the permanent resident.
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1 . 2 The quality of the environment including air, water and other '
natural resources should be protected as fhe Town grows.
1 . 3 The quality of development should be maintained and upgraded
whenever possible. '
1 . 12 Vail should accommodate most of the additional growth in
existing developed areas (infill areas).
2. Skier /Tourist Concerns
2. 1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2. 2 The ski area owner, the business community and the Town
leaders should work together closely to make existing facilities
and fhe Town function more efficiently.
5. Residential
5. 1 Additional residential growth shou/d continue to occur primarily
in existing, plafted areas and as appropriate in new areas where
high hazards do not exist.
5. 3 Atfordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail, with appropriate restrictions.
5. 4 Residential growth should keep pace with the market p/ace
demands for a full range of housing types.
_ 5. 5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VI . ZONING ANALYSIS
The following zoning analysis provides a comparison of the development potential
currently allowed under High Density � Multi-Family District (HDMF) to that of the
proposed Housing (H ) District.
Address/Legal Description : 501 North Frontage Road West, Lot 8 , Block 2 , Vail
Potato Patch , Filing
Parcel Size : 1 . 0 acre (43 , 560 sq . ft. )
Buildable Area : . 51 acre (22 , 264 sq . ft. < 40% slope)
Existing Zoning : High Density Multi-Family (HDMF)
Proposed Zoning : Housing (H )
Land Use Designation : Medium Density Residential
Hazards : 40% Slope ; Medium Severity Rockfall
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Development Standard HDMF H �
Lot Area : 10 , 000 sq . ft. min . Per Development Plan li
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Setbacks : �
Front: 20' 20' or per Dev. Plan
Sides : 20' 20' or per Dev. Plan i
Rear: 20' 20' or per Dev. Plan
Height:
FIat/Mansard Roof: 45' max. Per Development Plan
Sloped Roof: 48' max. Per Development Plan
Densit Control : 12 . 7 DUs (25 DUs/Acre)* Per Development Plan
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(EHUs not counted)
GRFA: sq . ft. 16 , 921 sq . ft. (76 sq . ft. Per Development Plan
per 100 sq . ft. buildable area)
Site Coverage: 23 , 958 sq . ft. (55%) 23 , 958 sq . ft. (55%)**
� Landscaping : *** 13 , 068 sq . ft. (30%) 13 , 068 sq . ft. (30%)
Parking : Per Chapter 10 of Per Chapter 10 of
the Zoning Regulations**** the Zoning Regulations
(or Per Development
_ Plan)*****
Note:
* Density calculations based on "buildable area" ; or .51 acres of land with slopes less than 40% .
** Site coverage may be increased at the discretion of the Planning and Environmental
Commission if 75% or more of required parking spaces are located underground or are
enclosed.
*** Minimum width and length of any area qualifying as landscaping shall be fifteen (15') feet with
a minimum area of 300 sq. ft.
*"** In the HDMF District, at least 75% of the required parking shall be located within the main
building or buildings and hidden from public view or shall be completely hidden from public
view from adjoining properties within a landscaped berm.
****'" No parking or loading area shall be located within any required setback. At the discretion of the
Planning and Environmental Commission , variations to .the parking standards outlined in
Chapter 10 of this title may be approved during the review of a development plan subject to a
parking management plan (subject to certain review criteria) .
I . SURROUNDING LAND USES AND ZONING
�and Use Zonin
North : Open Space Natural Area Preservation ( NAP)
East: Open Space Natural Area Preservation ( NAP)
West: Public/Semi-Public (School) General Use
South : State Highway/I -70 No Zoning
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VIII . CRITERIA AND FINDINGS
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Amendment to the Official Zoning Map of the Town of Vail (rezoninq ) I,
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Chapter 3 , Administration and Enforcement, l"itle 12 , Zoning Title , of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail .
Pursuant to Section 12-3-7 , Amendments , in part, ;
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" an application to amend the district boundaries of the Zoning Map may be '
initiated by petition of any resident or property owner in the Town. "
Furthermore , Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a
request to amend the Zoning Map.
The applicant is seeking a recommendation of approval to rezone one property from
High Density Multi-Family ( HDMF) District to Housing ( H ) District.
According to Section 12-3-7 C , of the Vail Town Code ,
Before acting on an application for a zone district boundary amendment, the
Planning and Environmental Commission and Town Council shall consider the
following factors with respect to the requested zone district boundary amendment:
1 . The extent to which the zone district amendment is consistent with
all the applicable elements of the adopted goals , objectives and
policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town .
Staff has reviewed the proposed rezoning request and found it to be in
compliance with the multiple elements of the Vail Comprehensive Plan .
Within Section V of this memorandum staff provided the applicable
Policies and Goals identified in the Vail Land Use Plan which apply to this
request. Specifically , the following goals or objectives form the basis for
Staff' s recommendation that this rezoning complies with or is consistent
with the � Vail Comprehensive Plan :
1. General Growth / Development �
1 . 1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident.
1 . 3 The quality of development should be maintained and
upgraded whenever possible.
� 1 . 12 Vail should accommodate most of the additional growth in
existing developed areas (infill areas) .
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5. Residential �I
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5. 1 Additional residential growth should continue to occur primarily
in existing, platted areas and as appropriate in new areas
where high hazards do not exist.
5. 3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided
by the Town of Vail, with appropriate restrictions.
5: 4 Residential growth should keep pace with the market place
demands for a full range of housing types.
5. 5 The existing employee housing base should be preserved and
upgraded. Additional employee housing- needs should be
accommodated at varied sites throughout the community.
The requested rezoning has been specifically requested by the Applicant
and is supported by Staff in order to more efficiently and effectively
facilitate the redevelopment of the Solar Vail property for the purpose of
preserving and upgrading existing employee housing . Therefore , the
� proposed rezoning is consistent and compatible with the Vail
Comprehensive Plan and the Town's development objectives .
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the Town' s adopted
planning documents.
The Housing District establishes zoning that is consistent with both
existing and proposed uses on the subject property . Currently, the Solar
Vail property contains 24 deed restricted and non-deed restricted "for-
rent" employee housing units serving the needs of Sonnenalp Hotel
employees . Staff believes that the permitted and conditional uses listed
within the Housing District are suitable uses to be adjacent to the
remaining properties .
3 . The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives .
The Housing District is consistent with the existing and proposed use of
the property . The proposed zone district implements specific goals of the
Vail �and Use Plan . Staff believes that the proposed rezoning presents a
harmonious , convenient, and workable relationship with land uses in the
area consistent with the existing and proposed use of the property . For
example , while the overall density of development on the subject property
will increase as a result of the zone district boundary amendment, the
continued use of the site as employee housing presents a convenient
location for employees to live within the Town due to its proximity and
access to pedestrian ways and public transportation , as well as an
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efficient use of land . In addition , the provision of a detailed development
plan which will respond to any site specific requirements or
recommendations by the Planning and Environmental Commission
ensures a workable relationship among land uses . �
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4. The extent to which the zone district amendment provides for the �I
growth of an orderly viable community and does not constitute spot
zoning as the amendment serves the best interests of the
community as a whole.
The purpose of the housing district is as follows :
"The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of
employee housing, cannof be adequately regulated by the
development standards prescribed for other residential zone districts.
It is necessary in this zone district to provide development standards
specifically prescribed for each development proposal or project to
achieve the purposes prescribed in section 12- 1-2 of this title and to
provide for the public welfare. Certain nonresidential uses are allowed
as conditional uses, which are intended to be incidental and
secondary to the residential uses of the district. �The housing district is
intended to ensure that employee housing permitted in the zone
district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure
adequate light, air, open spaces, and other amenities appropriate to
the allowed types of uses "
The proposed rezoning provides a site which is adequate and appropriate
for the development, or in this case preservation and upgrading , of
employee housing within the Town , thus implementing the stated purpose
of the Housing District, as well as specific goals and policies of the Town .
This rezoning will create a zone district consistent with the existing and
proposed use of the property.. The proposed rezoning and development
plan provide for the development of an orderly viable community
consistent with the Town's development interests as expressed Vail
Comprehensive Plan .
Staff believes that this amendment furthers the development objectives of
the Town and serves the best interest of the community as a whole .
5. The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation , riparian
corridors, hillsides and other desirable natural features.
The proposed rezoning will not change the existing character and uses
Ij currently present on the subject property. Although the proposed use for
the site will increase density , staff does not foresee any adverse impacts
on the natural environment to include water quality, air quality, noise ,
vegetation , etc. In fact , given the proposed increase in density and the
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proximity to public transportation , it could be reasonably expected .or i
argued that beneficial impacts (reductions in air, water and noise I,
pollution) could result from the rezoning and redevelopment of the site . �
Specifically, the location of increased density within the Town and on a
site already used for employee housing may actually result in a reduction
in vehicle miles traveled as a result of more employees being housed
within the Town boundaries and , specifically within walking distance to '
their place of employment. As well , proximity of the site to public '
transportation will likely have beneficial impacts , overall , to the Town's
infrastructure and the natural environment. In addition , the redevelopment
of the Solar Vail site may provide opportunities to .
6 . The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
The Housing District is proposed for the subject properties . The
proposed zone district amendment is consistent with the intended
purpose of that zone district. A copy of the purpose statement of the
Housing District is provided in Section V of this memorandum .
7 . The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate .
Since the original adoption of zoning on the property, the Town of Vail
has untaken certain specific actions to encourage and regulate the
provision of employee housing within the Town . Such actions are in
resonse , in part, to changing market conditions relative to the number of
affordable housing units available to certain sectors of the population
working within the Town 's boundaries . As such , the Town has adopted
clearly identifiable goals and objectives for the continued provision —
preservation, upgrading and development - of employee housing units
within all areas of the Town . In order to ensure that these goals and
objectives for development are carried out, the Town adopted the
Housing District. If the requested rezoning is approved , the Applicant will
be afforded the opportunity to redevelop the Solar Vail property with the
Town 's goals in mind . To that end , although the High Density Multi-
Family District ,permits continued use and redevelopment of the site for
employee housing uses , Staff believes this rezoning is necessary and
appropriate to more fully achieve the employee housing goals of the
Town . Specifically , Staff believes the rezoning and proposed
redevelopment of the site to increase the number of allowable employee
housing units achieves the following objective as stated in the Vail Land
Use Plan :
5. 3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided
by the Town of Vail, with appropriate restrictions.
8 . Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning .
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IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and '
. Environmental Commission forwards a recommendation of approval to the Vail
Town Council for a zone district boundary amendment, pursuant to 12-3-7 ,
Amendments , Vail Town Code , to allow for a rezoning of a property from High
Density Multiple-Family (HDMF) District to Housing ( H ) District, located at 501 North
Frontage Road , Lot 8 , Block 2 , Vail Potato Patch (a complete legal description is
available for inspection at the Town of Vail Community Development Department) .
This requested recommendation is to rezone Lot 8 to Housing District. Staff's
recommendation is based upon the review of the criteria outlined in Section VIII of
this memorandum and the evidence and testimony presented .
Should the Planning and Environmental Commission choose to approve this zone
district boundary amendment, the Community Development Department
recommends the Commission pass the following motion :
The Planning and Environmental Commission is forwarding a
� recommendation of approval to the Vail Town Council for a zone district
boundary amendment, pursuant to 12-3- 7, Amendments, Vail Town Code, to
allow for a rezoning of a property from High Density Multiple-Family (HDMF)
District to Housing (H) District, located at 501 North Frontage Road, Lot 8,
Block 2, Vail Potato Patch (a complete legal description is available for
inspection at the Town of Vail Community Development Department). This
forward of a recommendation of approval is to rezone Lot 8 to Housing (H)
District.
Should the Planning and Environmental Commission choose to approve this zone
district boundary amendment, the Community Development Department
recommends the Commission pass the following findings :
"Before recommending and/or granting an approval of an application for a
zone district boundary amendment the Planning and Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
1 . That the amendment is consistent with the adopted goa/s, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the development objectives of the Town; and
2. That the amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality. "
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X. ATTACHMENTS I
A. Vicinity Map
B . Copy of the applicant's document(s) entitled Solar Vail Rezoninq Request
dated September 6 , 2007 (cover letter and compliance analysis)
D . Public notice
12
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� � Attachment A I
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; � '� Solar Vail � 5 � �
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Lot 8, Black 2, Vaii Potato Patch (501 Narth Frontage Road West) °' � � �*
;; Planning and Environmental Commission - October 8; 2007 - � ,� .
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13
09/07/2007 Scot Hunn - Solar Vail rezonin findin s letter. df Pa e 1
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SCO� HUI1D
Depazlment of Community Development
Town of Vai]
75 South Frontage Road �
Vail, CO 81657
Re: Solar Vail rezoning request
September 6, 2007
Scott: ' F
As required by the Submittal Requirements for a Change in District Boundaries, please find below
our written response to items a, b, c and d.
a, A description of tlie proposed changes in disUrict bowudaries.
Response: It is the applicant's desire to change the zoning on the pazcel in question from the
current High Density Muld Family (FIDMF) zone district to the Honsing (FI) zona
district. •
b. How the proposed change in district boundaries is consistent with the adopted goals. Objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's
development objectives.
Response: Employee housing is one of the Town of Vail 's most pressing needs. The change in:
zozzing wi�l allow the current outdated 24 unit employee housing building to be
redeveloped with a new building containing 66 employee housing units in sizes more
consistent with those outlined in recent TOV Ordinances.
c. How the proposed change in district boundaries is compatible with and suitable to adjacent uses
and appropriate for the area,
Response: The existing HDMF zoning is actually spot zoning of a residential use on a property
surrounded on a11 sides by uses that serve the public sectoz (open space, highways and
a school). The current use of the district is employee housing so changing the district
to the Housing zoning district will not alter the existing use and. will preserve and
protect this use forthwith.
At�achment �i
(09/07/2007) Scot Hunn - Solar Vaif rezonmg fmdings letter pdf . _. _ . . . . . ... .. ... . . . . . .. .. . . � . . .... .. .. ., , _ . .. . , _,. _. ._ . . Page 2 ;
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� � � CC� I� � MC���' ���
D �
SEP ° 7 2001 � �
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J � `�j�,} ' ' '� '. � q
4. .. .. _. .., ... . �`..� _ ... , .....,_ ......:.o:"u.., .___.._ !
Scot Hunn- page 2 ',
September 6, 2007 ;
d. How the proposed ahange in district boundaries is in. the best interest of the public health, welfare
and safety. -
Response: The change in the zoning for this district will allow an increase in the number of
employee housing units on this site. 'Fhese units wzll be for seasoual and short term rental by
employees only and will not be for sale. Furthermore, the location of this site allows employees
to live within the Town of Vail limits and allows them to live wzthin easy wallcing distance of
their jobs, schools and recreational opportunities, etc. To be able to increase the number of units
on this site without a commensurate increase in traffic is clearly in the best interest of the public
health, welfare and safety.
� �
� c� � � o �
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S�ott Hu� - � ioo�
Departrnent of Community Development SEP '
Town of Vail � ;
75 South Frontage Road �'��Jy�j � � �/�q� �
Vail, CO 81657 � '
Re : Solar Vail rezoning request '
i
Scott:
�
As required by the Submittal Requirements for a Change in District Boundaries, please � ;
find below our written response to items a, b, c and d. �
a. A description of the proposed changes in district boundaries . I
Response : It is the applicant' s desire to change the zoning on the parcel in question I
from the current High Density Multi Family (HDMF) zone district to the
Housing (H) zone district.
b . How the proposed change in district boundaries is consistent with the adopted goals .
Objectives and policies outlined in the Vail Comprehensive Plan and compatible with
the Town of Vail ' s development objectives .
Response : Employee housing is one of the Town of Vail ' s most pressing needs . The
change in zoning will allow the current outdated 24 unit employee housing
building to be redeveloped with a new building containing 66 employee
. housing units in sizes more consistent with those outlined in recent TOV
Ordinances .
c . How the proposed change in district boundaries is compatible with and suitable to
adjacent uses and appropriate for the area.
Response : The existing HDMF zoning is actually spot zoning of a residential use on a
property surrounded on all sides by uses that serve the public sector (open
space, highways and a school) . The current use of the district is employee
housing so changing the district to the Housing zoning district will not
alter the existing use and will preserve and protect this use forthwith.
d. How the proposed change in district boundaries ,is in the best interest of the pubiic
health, welfare and safety.
Response : The change in the zoning for this district will allow an increase in the
number of employee housing units on this site. These units will be for seasonal and
short term rentai by employees only and will not be for sale. Furthermore, the
location of this site allows employees to live within the Town of Vail limits and
allows them to live within easy walking distance of their jobs, schools and
recreational opportunities, eta To be able to increase the number of units on this site II
without a commensurate increase in traffic is clearly in the best interest of the public
health, welfare and safety, i
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11
�y
�owNOF vAr� � �!
THIS ITEM MAY AFFECT YOUR PROPERTY ;
PUBLIC NOTICE ;
,
NOTICE IS HEREBY GIVEN that the Planning and Environmeritai Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6 , Vail Town
Code , on October 8, 2007, at 1 : 00 pm in the Town of Vail Municipal Building , in
consideration of: '
i
A request for a final recommendation to the Vail Town Council for a zone district I,
boundary amendment, pursuant to Section 12-3-7 , Amendment, Vail Town Code , to � '
allow for a rezoning of a property from High Density Multiple-Family (HDMF) District . to j
Housing (H) District, located at 501 North Frontage Road , Lot 8 , Block 2 , Vail Potato
Patch and setting forth details in regard thereto . (PEC07-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt Schultz
� Architects
Planner: Scot Hunn I
A request for a final recommendation to the Vail Town Council for a prescribed
regulations amendment to 12-61-3, Conditional Uses , Vail Town Code , and to Section
� 12- 16-7 , Use Specific Criteria And Standards , Vail Town Code , pursuant Section 12-3-7,
Amendment, Vail Town . Code , to allow for professional offices and business offices as
.,�� conditional uses , located at 501 North Frontage Road , Lot 8 , Block 2 , Vail Potato Patch
and setting forth details in rega�d thereto . (PEC07-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Gwathmey Pratt Schultz
Architects
Planner: Scot Hunn
' A request for a final approval of a conditional use permit, pursuant to Section 12-9C-3 ,
Conditional Uses , Vail Town Code , to allow for public utilities installations , located at 169
North Frontage Road West, Lot 2 , Middle Creek Subdivision and setting forth details in
regard thereto . (PEC07-0060)
Applicant: Cricket Communications , Inc. , represented by Mike Sharlow
Planner: Nicole Peterson
The applications and information about the proposals are available for public inspection
during 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 September 21 , 2007 , in the Vail Daily .
Page 1 Attachment C
P" I � nr� ing a� n �t Enrrirvnment� � �c� rr� n� is� ar�
A �T� +C� �f F[� �. NI
�
- ' � D�� paa�trnant of Comm �rnity D€�v� lop �ne�t
����� �� ��� ' 75 Sa�th F��� nta � � Raad , �'a � l , Co��arado 81657
��, tef : 97� . 479 . Z13 � fax : 97{1 . 479 . 2452
C��4JFJNITYL�.WL-lOPb1E• tt7 W� b « wv�ry,r. vaclgav. C4f11
Project Name: SO�AR VAIL TEXT AMENDMENT PEC Number: PEC070074
Project Description :
FINAL APPROVAL FOR A ZONING CODE AMENDMENT TO AMEND THE ( H ) DISTRICT TO AL.LOW
PROFESSIONAL. OFFICES AS A CONDITIONAL USE
Participants:
OWNER SONNENA�P PROPERTIES INC 11/28/2007
20 VAIL RD
VAI� '
CO 81657
ARCHITECT GWATHMEY PRATi� SCHUL'iZ 11/28/2007 Phone : 970-476-1147
SUITE 102
1000 S . FRONTAGE RD . W . , STE . 102
VAIL
CO 81657
License : C000002333
APPLICANT SONNENALP PROPERTIES INC 11/28/2007
JOHANNES FAESS�ER
20 VAIL RD
VAIL
CO 81657
Project Address: 501 N FRONTAGE RD WEST VAI� Location : 501 N . FRONTAGE RD . W.
�egal Description : Lot: 8-B Block: 2 Subdivision : VAIL POTATO PATCH
Parcei Number: 2101-063-0201- 1 �
Comments: Reviewed Under PEC070059
BOARD/ STAFF ACTION
Motion By: Kjesbo Action : APPROVED
Second By: Kurz
Vote: 5-0-0 Date af Approval : 10/08/2007
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) .
Planner: Scot Hunn PEC Fee Paid : $ 1,300 . 00
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MEMORANDUM �
TO : Planning and Environmental Commission
FROM : Community Development Department ,
DATE : October 8 , 2007
SUBJECT: A request for a final recommendation to the� Vail Town Council of a text
amendment to Section (s) 12-61 -3 , Conditional Uses , and 12- 16-7 , Use Specific
Criteria and Standards , Vail Town Code , to add " Professional Offices" and
"Business Otfices" to the list of allowable conditional uses in the Housing (H)
District, and setting forth details in regard thereto . (PEC07-0059)
Applicant: Sonnenalp Properties , Inc. , represented by Henry Pratt,
Gwathmey Pratt Schultz �indall Architects
Planner: Scot Hunn
I . SUMMARY �
The Applicant , Sonnenalp Properties , Inc. , represented by Henry Pratt, Gwathmey Pratt
Schultz �indall Architects (GPSL) , is requesting a final review of a recommendation to
the Vail Town Council of a text amendment to Section 12-61-3 , Conditional Uses , Vail
Town Code , to add " Professional Offices" and "Business Offices" to the list of allowable
conditional uses in the Housing ( H ) District. As proposed , . the text amendment would
allow for the operation of both professional and business offices , as further defined in
Section 12-2-2 , Definitions , Vail Town Code , and with certain limitations and restrictions
on each use, in the Housing District.
Based upon the review of the criteria outlined in Section V of this memorandum , the
Community Development Department is recommending that the Planning &
Environmental Commission forwards a recommendation of approval of the proposed
text amendment to the Town Council . �
11 . DESCRIPTION OF THE REQUEST
Request and Rationale for Text Amendment
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt, GPSL, is
requesting a final review of a recommendation to the Vail Town Council of a text
amendment to Section (s) 12-61 -3 , Conditional Uses , and 12- 16-7 , Use Specific Criteria
and Standards ; Vail Town Code , to add " Professional Offices" and " Business Offices" to
the list of allowable conditional uses in the Housing ( FI ) District.
Solar Vail is located at 501 North Frontage Road West and is currently zoned High
Density Multiple Family ( HDMF) District. However, concurrent with this request for a text
amendment, the Applicant is requesting review of a request for final recommendation to
re-zone the property to the Housing (H ) District to allow for re-development of the
property, inclusive of:
• Demolition of the existing structure
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e Development of a 38 , 372 sq . ft. ( net floor area) building containing sixty three
(63) deed restricted employee housing units
• Development of approximately 4 ,404 sq . ft. (approximately 11 . 5% of total net '
floor area of the development) of professional and business office space for use
by Sonnenalp Properties , as well as other professional or business office uses .
Therefore , this text amendment has been specifically requested by the Applicant to allow
for limited amounts of professional and business offices to be located in the proposed
Solar Vail building . Staff believes that this text amendment will benefit the Town in the
future by allowing office uses within the Housing District. Specifically , such use , perhaps
as a " live/work" development, is believed by staff t.o be complimentary to employee
housing and development goals set forth by the Town and is compliarit with the stated
purpose of the Housing District.
Text Amendment '
If this text amendment is approved , a property owner in the Housing District could submit
an application for consideration of a conditional use permit to operate a professional or
business office in the District. Presently , according to Section 12-61 -3 Conditional Uses ,
Vail Town Code , professional and business offices are not allowable conditional uses in
the Housing District.
The proposed amendments to Section 12-61 -3 and Section 12- 16-7 are indicated in bold
('additions) and �#-�i1Ee-t�et+� (deletions) as follows :
Section 12-61-3: Conditional Uses (in part):
The following conditional uses shall be permitted in the H district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residents of the development, and developed in conjunction with
employee housing, in which case the following uses may be allowed subject to a
conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by Section 12-16-7
of this title.
Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing on
the property, and
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8. Dwelling units are not the primary use of the property. The GRFA for dwelling units '
shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and
C. Dwelling units are only created in conjunction with empioyee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site and
are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
Type VI employee housing units, as further regulated by chapter 13 of this title.
Section 12- 16- 7 � Use Specific Criteria and Standards (in part):
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12- 16-6 of this chapter. .
A . Uses And Criteria:
15. Business Offices and Professional Offices in the Housing ( H )
District: ��� -
r� Offices for physicians, � s and imilar medical practices
s h a i l b e e x c l u d e d i n t h o n e d i strict.
b. Business and professiona o ices shall be secondary to the
residential use of the District. The net floor area of the office
use shall be no greater than 15% of the allowable gross
residential floor area of the development site.
c. The sale of inerchandise shall be prohibited .
d . Off-street parking shall be provided in accordance with the
provisions of Chapter 12-10 of this title and shall be clearly
separate from the area designated for residential parking.
e. No overnight parking or storage of commercial vehicles
associated with the professional or business office use shall
. be permitted.
f. Signage shall be permitted in accordance with Section 11 -6-3-
A : Business Signs within Sign District 1 (Title 11 : Sig.n
Regulations, Vail Town Code) and shall be subject to review by
the Design Review Board .
g . The number of employees allowed in a business office or
professional office within the Housing District shall t�ot exceed
one employee for each 200 square feet of net floor area .
h . Homeowner Association approval shall be required of . all
Conditional Use Permit applications for a Professional Office
or a Business Office within the Housing District pursuant to
Section 12-11 -4: B : D, Application Form, Vail Town Code.
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111 . BACKGROUND
Solar Vail History
Solar Vail was originally constructed in 1976 and includes eleven ( 11 ) deed restricted
employee housing units (EHUs) and 13 dwelling units ( DUs) , for a total of 24 units
owned and used exclusively by Sonnenalp Properties as employee housing in support of
the Sonnenalp Hotel operations . The Solar Vail property is currently zoned High Density
Multiple Family ( HDMF) District, however, concurrent with this request for a text
amendment; the Applicant is requesting review of a request for final recommendation to
re-zone the property to the Housing ( H ) District to allow for re-development. �
Zoning Regulations
On March 6 , 2001 , the Vail Town Council enacted Ordinance No. 3, Series 2001 ,
adopting the Housing ( H) District for the Town of Vail . Since the time of adoption , Staff
has identified the following changes made to the Housing ( H) District which affect
conditional uses allowed within the district:
Chapter 12-61 -3 (Conditional Uses) :
■ Ord . 29 , 2005 : Child daycare facilities ; public facilities ; public recreational
facilities (added) �
m Ord . 19 , 2001 : Type VI employee housing units (added) ; the words "deed
restricted" stricken from section
■ Ord . 3 , 2001 : Initial adoptions of the Housing district.
The proposed text amendment to . add " Business Offices" and " Professional Offices" as a
Conditional Use within this district would be the third amendment to the Conditional Uses
within the Housing District since its inception in 2001 .
IV. RO�ES OF REVIEWING BODIES
Order of Review: Generally , text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council . The Town Council will then review the text
amendment application .
Planning and Environmental Commission :
The Planning and Environmental Commission is responsible for the review of a text
amendment application , pursuant to Section 12-3-7 , Amendment , Vail Town Code , and
forwarding of a recommendation to the Town Council .
Design Review Board :
The Design Review Board has no review authority over a text amendment to the Vail
Town Code .
Town CounciL
The Town Council is responsible for final approval , approval with modifications , or denial
of a text amendment application , pursuant to Section 12-3-7 , Amendment, Vail Town
Code . The Town Council may also call up a decision of the Planning and Environmental
Commission and/or Design Review Board .
4
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,
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V. APP �ICABLE P �ANNING DOCUMENTS
Pursuant to Section 12-2-2 , Definitions , " Business Office" and " Professional Office" are �
defined as , � '
OFFICE, BUSINESS: An office for the conduct of general business and
service activities, such as offices of , real estate or insurance agents, brokers,
secretarial or stenographic services, or otfices for general business activities and
transactions, where storage, sale, or display of inerchandise on the premises
occupies less than ten percent (10%) of the floor area.
OFFICE, PROFESSIONAL: An office for the practice of a profession, such
as offices of physicians, dentists, lawyers, architects, engineers, musicians,
teachers, accountants, and others who through training are qualified to perform
services of a professional nature, where storage, sa/e, or display of inerchandise
on the premises occupies less than ten percent (10%) of the floor area.
Official Zoning Map of the Town of Vail
The subject property is zoned High Density Multiple Family (HDMF) , according to the
Official Zoning Map of the Town of Vail . However, the Applicant is proposing , concurrent
with this request, to re-zone the property to the Housing ( H) District.
Vail Land Use Plan
This parcel is currently identified on the Vail �and Use Plan map as Medium Density
Residential (MDR) , however zoning on the property is High Density Multiple Family
(HDMF) District. The Medium Density Residential land use category is the home to five
(5) areas in Town presently zoned High Densify Multiple Family (HDMF) .
According to the plan . (amended March , 2006) , approximately 421 acres ( 12 . 5%) of land
area within the Town is designated in the Medium Density Residential (MDR) land use
category , while 68 . 5 acres ( . 02%) of land area is designated as High Density
Residential ( HDR) . The only other parcels zoned Housing District (Middle Creek
Employee Housing and Timber Ridge) are identified on the Land Use Map as being High
Density Residential ( HDR) . Additionally , approximately 15 acres (< 1 %) of land area
within the Town is designated in the Community Office (CO) land use category. .
VI . REVIEW CRITERIA
The review criteria and factors for consideration for a text amendment application are �
established by the provisions of Section 12-3-7 , Amendments , Vail Town Code .
1 . The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations ; and ,
The general and specific purposes of the Zoning Regulations are prescribed in
Section 12- 1 -2 , Purpose , of the Vail Town Code . The following purposes are
listed in Section 12- 1 -2 ,
" Gen.era/: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote
the coordinated and harmonious development of . the Town in a manner
that will conserve and enhance its natural environment and its established
character as a resort and residential community of high quality.
5
i
Specific: These regulations are intended to achieve the following more i
specific purposes: � i
1 . To provide for adequate light, air, sanitation, drainage, and public
facilities. !
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values. !
6. To encourage a harmonious, convenient, workable relationship among '
land uses, consistent with Municipal development objectives. '
7. To prevent excessive population densities and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11 . To otherwise provide for the growth of an orderly and viable
community. "
This request is for an amendment to only the Conditional Uses section of the
Housing (H) District, and a process for review of specific requests to locate
Professional Offices or Business Offices within this district is still applicable .
Therefore , Staff believes that each of the above-described purposes of the
Zoning Regulations will be evaluated at the time that such request is made .
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives , and
policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town ; and ,
The proposed text amendment is an efFort to allow for specific review of
Professional OfFices and Business Offices within the Housing ( H ) District. In
addition , Staff believes that the amendment will benefit the Town in the future by
allowing office uses within the Housing District. Specifically, such use , perhaps
as a " live/work" development, is believed by Staff to be complimentary to �
employee housing and development objectives set forth by the Town ,and is
compliant with the stated purpose of the Housing District . The following goal (s)
of the Vail Comprehensive Plan specifically support Staff's recommendation :
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.
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1 . 12 Vail should accommodate most of the additional growth in existing '
developed areas (infill areas) . ' ,
;
3. The extent to which the text amendment demonstrates how conditions �
have substantially changed since the adoption of the subject regulation ,
and how the existing regulation is no longer appropriate or is inapplicable ; �
and ,
Sfaff believes that a shortage of professional and business office space exists
within the Town . This is a condition which Staff believes has increased since the
formation of the Housing District in 2001 . To exclude this zone district of the light
pedestrian and automobile traffic associated with Professional Offices and
Business Offices is no longer applicable to the Town's stated desires to keep
residents living and working in the Town of Vail . In fact, the provision to request
a Conditional Use Permit for such uses may actually encourage the live/work ;
combination of uses which has proved so beneficial to the livelihood of so many '
other communities .
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives ; and ,
If approved , this amendment provides the opportunity for a harmonious ,
convenient , and workable relationship among land use regulations by allowing
Professional Offices and Business Offices to be located with the Housing (H )
District, subject to the issuance of a Conditional Use Permit. Prior to granting a
Conditional Use Permit for a business or professional office in the district, the �
applicant must demonstrate compliance with the proposed use specific criteria
outlined in Section 12- 16-7 of the Vail Town Code .
5. Such other factors and crifieria the Commission and/or Council deems
applicable to the proposed text amendment.
VI1 . STAFF RECOMMENDATION
The Community Development Department recommends that the Planning &
Environmental Cammission forwards a recommendation of approval of the text
amendment .to Section 12-61 -3 , Conditional Uses , Vail Town Code , to allow " Professional
Offices" and " Business OfFices" as Conditional Uses within the Housing (H) District.
Staff's recommendation of approval is based upon the review of the criteria outlined in
Section VI of this memorandum and the evidence and testimony presented .
Suggested Motion/Finding
Should the Planning & Environmental Commission choose. to forward a recommendation
of approval of this text amendment to the Vail Town Council , staff recommends that the
following finding be made as part of the motion ,
"Upon review of the text amendment to Section 12-61-3, Conditional Uses, Vail
Town Code, to include Professional Offices and Business Offices as conditional
uses within the Housing (H) District and setting forth details in regard thereto, the
Commission finds that the amendment complies with each of the criteria listed in
Section VI of the memorandum to the Planning & Environmental Commission,
dated October 8, 2007. "
7
VIII . ATTACHMENTS
Attachment A — Vicinity Map
Attachment A
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V
i
PLANNING AND ENVIRONMENTAL COMMISSION !
October 8, 2007 I
1 : OOpm '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME �
75 S . Frontage Road - Vail , Coloradq 81657 '
MEMBERS PRESENT MEMBERS ABSENT '
Rollie Kjesbo Scott Proper
Dick Cleveland David Viele
Anne Gunion
Bill Pierce
Michael Kurz
No Site Visits
15 minutes
1 . A request for a final approval of a conditional use permit, pursuant to Section 12-9C-3 ,
Condifiional Uses , Vail Town Code , to allow for public utilities installations , located at 169 North
Frontage Road West, Lot 2 , Middle Creek Subdivision and setting forth details in regard thereto .
(PEC07-0060)
Applicant: Cricket Communications , Inc. , represented by Mike Sharlow
Planner: Nicole Peterson
ACTION : Approved with condition(s) '
MOTION : Kjesbo SECOND : Pierce VOTE : 5-0-0 .
Condition(s ) : .
1 . The applicant shall paint and maintain the rusty elements on the top of the Sprint
Tower prior to requesting final Town of Vail construction inspections.
2. The applicant shall remove any obsolete telecommunications equipment from the
Sprint Tower prior to requesting final Town of Vail construction inspections.
3 . The condifiional use permit is contingent upon the applicant obtaining Town of Vail
design review approval for this proposal.
Nicole Peterson gave a presentation per the staff memorandum .
There was no public comment.
Commissioner Pierce asked some clarifying questions regarding the height and size of the
antennas . .
Mr. Sharlow, representing the applicant clarified the ownership of the tower. He also stated that
the antennas are flushed mounted with all wiring mounted internally.
15 minutes
2 . A request for a final 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 a rezoning
of a property from High Density Multiple-Family ( HDMF) District to Housing ( H) District, located
at 501 North Frontage Road , �ot 8 , Block 2 , Vail Potato Pafich and setting forth details in regard
thereto . (PEC07-0059)
Applicant : Sonnenalp Properties , Inc. , represented by Gwathmey Pratt Schultz Lindall Architects
Planner: Scot Hunn
ACTION : Recommendation of approval
MOTION : Kjesbo SECOND : Kurz 'VOl'E : 5-0-0
Page 1
li
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Scot Hunn gave a presentation per the staff memorandum .
�
The applicant had nothing further to add . j
i
� Nancy Ricci , principal of Red Sandstone Elementary , stated that, on behalf of Red Sandstone
Elementary and the School District, she was in general support of the Town 's employee housing j
goals and specifically with the Applicant's proposed plans . She stated concern with safety of the ''
school relative to access for tenants of the Solar Vail project across or through the School site . '
As the project moves forward , she asked the Applicant and PEC to insure that the tenants of the
project have access to the sidewalk along the Frontage Road .
Commissioner Kjesbo asked a clarifying question regarding the functionality of a set of stairs on ,
the east side of project and whether they would work. I�
Commissioner Kurz suggested that the Applicant study opportunities to add landscaping as a
buffer between the Solar Vail site and the School .
Jim Lamont, Vail Village Homeowners Association , asked about how parking would be assessed
for offices and employee housing units . His organization has an issue with offices in the housing
district.
Scot Hunn responded that the office component would be assessed the standard office �
requirement per the Vail Town Code .
10 minutes
3 . A request for a final recommendation to the Vail Town Council for a prescribed regulations �
amendment to 12-61-3 , Conditional Uses , Vail Town Code , and to Section 12- 16-7 , Use Specific
Criteria And Standards, Vail Town Code, pursuant Section 12-3-7 , Amendment, Vail Town Code ,
to allow for professional offices and business offices as conditional uses , located at 501 North
Frontage Road , Lot 8 , Block 2 , Vail Potato Patch and setting forth details in regard thereto .
( PEC07-0059)
Applicant: Sonnenalp Properties, Inc. , represented by Gwathmey Pratt Schultz Lindall Architects
Planner: Scot Hunn
ACTION : Recommendation of approval
MOTION : Kjesbo SECOND : Kurz VOTE : 5-0-0
Scot Hunn gave a presentation per the staff memorandum .
Henry Pratt , representing the applicant , responded to Jim Lamont's comments made under item
Number 2 , regarding parking . He stated that the project would have a parking assessment for
the office component and the housing component.
There was no public comment.
The Commission generally felt that the provision of office space in town , and specifically as
included or integrated within an employee housing development; meets the intent of the Town 's
goals , policies and objectives .
Page 2
�'`o �4��C c�� - Q �J2., �o�2s '��
MEMORANDUM ,
TO : Town Council
FROM : Community Development Department �
i
DATE : October 2 , 2007 '
SUBJECT: Request to proceed through the development review process with a proposal
to construct private improvements on the Town of Vail owned Tract A, Middle
Creek Subdivision .
Applicant: Sonnenalp Properties , Inc. , represented by Henry Pratt,
Gwathmey Pratt Schultz Lindall Architects
Planner: Scot Hunn
I . SUMMARY
The Applicant, Sonnenalp Properties , Inc. , represented by Henry Pratt ,
Gwathmey Pratt Schultz �indall Architects (GPSL) , is requesting permission to
proceed through the Town 's development review process for the re-alignment of
an existing driveway across Tract A, Middle Creek Subdivision , for fihe Solar Vail
Employee Housing Project.
Pursuant to Section III of this memorandum , Staff is recommending approval of
this requesfi.
II . DESCRIPTION OF REQUEST
Description of Request
The Applicant , Sonnenalp Properties , Inc. , represented by Henry Pratt, GPSL , is
proposing to re-develop the Solar Vail property located at 501 North Frontage
Road 1Nest . A vicinity map is attached for review (Attachment A) .
Solar Vail History
Solar Vail was originally constructed in 1976 and includes eleven ( 11 ) deed
restricted employee housing units ( EHUs) and 13 dwelling units ( DUs) , for a total
of 24 units owned and used exclusively by Sonnenalp Properties as employee
housing in support of the Sonnenalp Hotel operations .
Current Proposal and Rationale for Request
The current proposal includes demolition of the existing structure and the '
development of sixty three (63) deed restricted employee housing units as well '
as limified office space uses . During the preliminary review of this project, Staff
asked the Applicant to revise the plans to include improvements to the grade and
alignment of the existing access driveway to meet current Town standards . The
existing access driveway, located to the east of the e.xisting Solar Vail building ,
encroaches over the extreme south west corner of Tract A.
, °-rt�A t,�c � �s �o s' c�� ��v�+P�e�.-
Tract A
Tract A is an un-platted parcel of land owned by the Town of Vail , and the Town .
Council serves the role of the " property owner" for this parcel . Existing driveway
improvements , presumably constructed in 1976 along with the development of
Solar Vail , impact approximately 600 square feet of Tract A. Preliminary
drawings indicating the revised driveway alignment and associated extents of
disturbance on Tract A are forthcoming for review during the Town Council work
session .
In addition , Tract A is identified on the Town of Vail Official Zoning Map as being
within the Natural Area Preservation ( NAP) District. This is perhaps the most
restrictive zone district within the Town boundaries and prohibits the construction
of improvements such as paved access drives for motorized vehicles : Therefore ,
Staff is recommending that, in addition to obtaining Town Council (i . e . property
owner) approval for the proposed improvements before proceeding through the
Town 's development review process , a text amendment to the Natural Area
Preservation (NAP) District , specifically Section 12-8-C3 — Conditional Uses , Vail
Town Code , will be required to allow for any re-construction of a driveway across
or over Tract A.
A reduced copy of a site survey showing the existing conditions is attached for
reference (Attachment B) .
111 . STAFF RECOMMENDATION
Staff recommends that the Vail Town Council approves the Applicant's request
to proceed through the development review process .
Please be advised that an approval of this request does not constitute an explicit
approval of the proposed improvements ; any approval only authorizes the
Applicants to proceed through the Town's development review process .
IV. ATTACHMENTS
A. Vicinity Map
B . Reduced copy of site survey dated 11 /13/06 .
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Attachment A
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s Solar Vail "
.. � _ ' ' � : . .
, Lot 8, Block 2 , Vail Potato Patch. (501 North Frontage Road West) ' ,.. � �
; Vail Town Council - October 2 , 2007 - �. " ' "
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Attachmen4 B
GENERAL NO'TES
J
� 1. DAIE OF TIX'OCRMHY: NOYDJBER 13, 2008.
S � 2 PRO.IECT BENp1YMK: HARN CONiRIX. PqNT 'SPRAUDLE' T.O.V. UA7UM (NAVD BB) ELEVA710N � 8287.82
� n 16 6 +� FOUNO 3K' ALUYINW CAP
yo C ,b '+, ON 2K' '"iEEI. POST 3. BA515 OF BEMINL.` CDLORA00 CENIRAL ZONE (HAflN) AND 1883/82 AND 70WF7 OF VAIL MMPINC PROJECT
(40NUYENT OISNftBm) OCTOBER 1886 STA710N5 SFRA�OLE N 1680952671 E 2757950.787 AND WOO�YMI N 18521�8.916 E 27270B5.380,
TRACT C � S r R A ` SJ� � (518'4B�W - �.7 FftOM CORNFR) SP{7ID01£ TO WOOOMMI BEMS 5)2'26'S3' W.
,
W 1. PROJECT DANY 6CALE FACiqC 7.00641188.
�_ � • 5. INTERSTATE 70 IUEHT-OF-WAY WAS BASm ON COtORADO OEPM7YENT oF HICNWAYS PROJEC7 Na I 70 2(» 783
. ,,,�`8� . . p � � SHEEIS 7,8,11.13.75. AND 77. SI'A710N 30+00 70 210+00. TME ROTATON OF 7HI5 Sl1RVE'f 10 COLORAUD HMN
STATE PUNE COOROINAIES IS BASED ON TME BRAS: CDOT YONUYENTS FOUND AT STAl10N 190+85.6 RICHT (HEI➢)
`"�.. 'f� STAliDN 90+00 I.FFT BEARING D�5 M1D 4M5 � 568'35'27'W - e6Ze.33' - CALGUUTFD STA7E PUNE
8'3�0 COOR�INAIES � SBT09'OYW - 8627.71' - MEAiURED ROTATION � +0073'42'.
GRAPHIC SCALL' iOUND No. 5 R�AR ---._.,_,_` �
�.M W�� e. BA95 OF BEAWNC FIXt VAIL/POTATO PATd1 �S BASED ON THE MONUMEH75 FWND 'VAIL ASSOC" PLASIIC CAP OPl
_- 20 0 10 20 � (NB2'IS'W - 1.5' tR01A LOT COf1NER) - . � N0. 5 REBAR AT tNE NORTHWEST CORNE72 OF LOT 9. BLOCK 2 VNL/POTATD PATCN hN0 THE SIX17HE/5T CIX1NQ2
8`;� N6434'18'EN`�5.3 ft 7ATION �W+C�.NS,�PLA7TED UNE � N64Vt'03'E - 715.08 (9'C) MEASURE� LJNE �
� IN P�T ) --�' ---- .�_ >. THE 20' U11UliY EA5EMQ1T5 ME SHONN IN THQR MPR0XIIAATE LOCA710N5 DUE TO INSUFF7EGENT OINQlSIONS ON
i inch = 20 1t �� ""'�- ----._ 7HE PLAT 70 SHOW ACCURA7ELY. .
���� � , ` L S85 4Q'23"E _ �� 99 �,�� pEED ( � 8310- e. IAT &4 IS SUBfCT 7D A HOLY CItOSS ElECTRIC ASSOqA710N. INF TRENpi, ca+ouit u+o vauu ncamaee+r
8280 �t,�� . 'D v � � m��.,�,o�s a -. - `��'r , �� �`199 `52 ME � REC�ROm AT RECFP710N Na 893085. 1HE LOCA710N OF NHICH IS INSUFfIpINRY OIMq151dJm TO SMOW HEAEON.
"'_" .,-?�t na+ c> '�: }' F+]?K ^ ��+ r ��i9 AS
� � � Gat . �l�•l R''jn"r` a"� t"�^-•••�•...�}�Ba � ��t. �� iii� � '_Y�� � - . ;y ° ! -{;. � .�w 9. BUIIDINC 11ES INO�CA7ED IN PARFt77H615 (X%.7C). .
if�4-L�a- '"t i�'�g:c..0 t ,�+""AS"�--.,�s.,<' z �".�.�r ^' i T'"' �+ �'' 2 "`�.d � � '' � t � �� 3": "�` �� :, . �?
�""`-----__-- -- r'+u zk+,� ���t✓ „'�-,tt xr�ri�. .�'„�-� . '"^' �,,,,�"A.g.M6it �'�"-•� � ,E. �„ � k �tC�„y'xi t. �•�, . i "'tv-� "'i .,n; 10. PFJ.K UND SURYEYiNQ ING Otll NOT PQiFORY A 1171.E uEMCH OF 7HE St18JECT PROPERIY TO ESTA0LISH
++t 4" '� 4�r �j'"�.., . MF� 300� OXNQt'.�iIP, ElSEAIFl77+ Olt RIp1T5-OF-WAY OF RECOND. RECIX20 bOWMENIS U71UlED IN T715 TOPOGRAPHIC MM
.�' Ktq�tt [� '.��+.+. ' � +y;"�' �"`�-.t1e ts� "'�. u''� .� "�" �v �u �. ...., f'-� F' --�."-"`�„ ++ -�`" t '++3. i PL1 iF";)_ MERE PROVIDm BY LANU TI1IE GURRAN7EE COAIPANY. OROER Na. V50007015.1. DA7fD JJIY 21. 2005 AT �x00
p„J '� ..,'. INDICAlES SI.OPE OF 40X OR GREATER .."""SZJ�O-_" � i"=4.p` #�.. �.�'<ua n`'`sx,+. �., �''�'. i�,T L ��Y"�'�"'- ��,.,...�,yj. � <tire 2 L 4"'. xiu,` t .�' � L`-i a � x�--- t �, s,�.: P.Y_ '
�'i': `J ,2 s -,�w� 9.:, �""^,--,. '! �,�""'--.- �..=.,w�a� r � t �*;r. .s3y.� . x '��.,.. �.
. __�� � ���' T . '��-JFi `�` +��•.., . �-� �-,yi}.�B(� � '�' y` �"''s" �"' ��ia � ' "' + . y `"� �n"+ � ;� ��,� ��"' �- il. NOTICE: ACCOItDING TO COI.ORAt10 LAW YIX! MUST COMMENCE ANY LECAI ACTON BASED UPON ANY OffECT IN
"'-----•.,•�„-��_._� W . �, �R.�,�� rn,y ,�-• ,�� �u�� r !` ix`< < �. h<. `�'° . " ��j( ��'i lo�. � ��� � !`'�''�„�7 � �i� � ' :FV c� :"�:i """"-- THIS SURVEY 1flTHIN 7HftEE YEARS AFIETi 1bU FlRST DISfAYQi SUCH OEFECT. IN NO E�ENT, MAY ANY ACTION
SWAfE Q C.� � a w �r� t " c �" S-<. A � � r� i1'15�? t 't-f +�. x't'�G�' � t ln � � et3v ,� si \ +�4aj �
LOT 88 � 5 1 ' . �' C4 °c� i a � .� rn s . �nge '�,u«h ?"'��..' ( � �,��; 8Z9O'- BASED I/PON ANY �ffECT IN 1HI5 SURVEY BE COYHQ7CFD MORE 7HAN TFN YEMS FROIA THE DATE OF
:I� -'�aF l� � 4 . �� +,.�iy 4S ..u,rt.. .hH + " kSi.�,,.' `•• � '7P ++�v . �1.•..� 3 . � 'G.':'i7 x . CERIIFlCATIDN SHOWN HEREON.
,.Y u 7 F f r t �' �-2 - �(+x- �-.�.. � l y,�"\. '4� L � xk1 S 1 # . 3rn� s wl 4 3 uh �N .0 _...
TOTAL Sq. Ff, = 42637.5 Sq. FL ---_....�_"'- in '".�t''.t,�`rrgv� "`=S.'G'''i '�sor � �''i".4'y.�.' � 8f�. �.�.�.i 1i.4�na nw�twn`' ?"'�"` z-teu r .�� . . � t�: ,a G, „��r ... y . .
AREA OVER 40X = 20373.6 S Ft 8'L6'0 ap (� ��t gii�_. :. yr+.,s'%. '-��'iy„ 5 -$ y � . 1 y�.-i.� a-i---K f � t r�r w.. � - ..� Swae,-_ ; p y , n � .
t
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•
4 � M W,� '��.� 7r .r� .A�Fse �^t`i c..,,•.�� 1 � � ' r »} c �-$`Z70 �xn�a.-. r.c nc�� -e t .,.a i ,�n � .G n ----i�=•. c_ eraLi i''k�ry - `:ri�. ..,.. , , .
AREA UNDER 40X = 22263.9 S Ft. • � � � i qFx.r .�_ ry.,�, r � 45 s= -�-c, � » � _"-�. �� y� 8'1' 8�- M�FMHRIXE
�� N +�. ti�� e @�'Y.4 t�-n v^it'fi.. '" ur......� n -a.. i t � � r .a�va r �r . .L wa� r.._. v > ��'u---" �t a �, LFr,ai DFSCRIP710N: .
A.�G1 �1 s yeY.. a z� � � e9 m r +^-Y � � .,i - a u cet � v � h v 5 . . � ^'-,�,..,_ v '"ti ��"`- r '^7. (TYPICAL�
� � ¢c��f" v m Y"�"'� ` z '�-�c�h.i�+`�' y ��µ��$,'L8D � .. ra .,.� �" � +�- i-""'4" ------ � _`�` r 8�i', "- a�'`'�'� � A PIXi710N OF IAT & B��C R VN�/POTATD PATCH. A SllB�IV190N ttECIXiDm IN BOOK 233 AT PACE 628. OF 7HE
' '�1� 3. i C"�"'y 2 ' ipY i1 Nu. l^..T2JK .. ' IlL"ML Y ��"�� ,� ,,,�Q � '�u "\
$,zs pF,„ �k . � t� s� 1 +.T�"'r�: "'--- � :q�.ir � � yr Rt � j}� � '�a Q `' EACLE COUNiY dFRK AN� RECORDFlYS RECOROS, SAi� PORTION OF tANO BONC MIXiE PARiiWLARLY DESCRI8�1 AS
� W MYF��'y�t .y � � � a�^. C . oa v s: r n t ��. t�� rr ,� r FOLLOWS:
W J+i �. i F 3/1 '�. fi ; �S^il Y �C#U
� �' CVP f A . ���f{`r iu'NA1 Y. .t YL t '.� 3� i f 4 . 4LT4. C ^SatL 3 A . � � -i'G` JL`+� y
�� � "+� '+ �x -.� '_ ���- ���;" �� 4 � '+ "'� ��`^"�4''.'- N �'�' BEqNNiNG AT 7HE SWIHEASiFRLY CORNFR OF SND l0T & ���N �S A PqNT ON 7HE NIXiTHEi2LY RiqiT OF WAY lJNE
� M U:..,,.,� °'n e e r .�u�-u,_c a ,:r rr, 82.r7�.' c.0 � :�aw,u-� ix,+r,c.a�� a ° a f7t x � i � 5 25 t x " vs3A1 Ql _,_,,._
� � �i �,,, �' .st<-�tu , . ',�4f ,,, h , ^nu �r.r .�„i fi. 9 � - OF IN7ERaTA7E HIGHWAY N0. 7P, 'MF17CE WESIEHLY AIONG SND NOR1HEAlY RICT OF WAY I1NE AN MC OI5TANCE OF
"` p �dvt �' � � �„�- +� u� ..t\�'t� i � !� � 'u6 W ---- ID0.93 FEEf ON A 3990.0 FOOT RAUIt/5 d/RVE 7D 7HE lFF'f, NtI05E CENTRAL ANGLE IS 02'S3'07' ANU YMb3E CN�RD
N ..�.�.3,.h �, �i �vjf ^r+�i.. t .r ,`- lau a .-rrs ra- e� le.� . i . ..3 s ..fl V a :'�.:.4ti t ii �~ � " T �i}�ta��"� ( , 'i� J'x ,�i � '�'; .�a
----�. 8.2� + Y r,�a� �, e,. :�.r�- e -e �. . ��� � ia� w .: ;�a r enrs t r � rt�o . .,,, u--._ � . � BEAR^+ S 82'36'28' W A OISTANCE OF T00.91 F4T, THENCE N 00'0Yi2' W A DISfM'CE OF 23&BS FFEf 'N A POINT ON
0 Ni`' � , xn . P wn �.-�„�. Y � � .�r . . •i . � �. � ,�, � ?� x� ur,., �� y . ,. S '� � + ' J" '- ¢"'�< x �-"� TNE NORTERLY BWNDMY UNE Of SND LOT d 7NENCE 5 e6'i6'09' E ALONG SAID NORTHETiLY BWNOARY IINE A
^� �i a� i . � ,c� � ,.-,.�-�,=.s.� � . r� 82 " '"° + �����--. � i r i x F � � �� Y � � � � � �r4 s "-�=-=e8 8 ���' � ���'�" OISTAHCE OF 199.74 FEET TO iHE NOR7}iFASiERLY CIXtNER OF SN� L0T 8: 7FIENCE 5 00"0Yi2" E FLONG 7FIE EASIERLY
\\ Z h _ �, .,. . ` � t 40�.�.r.qa � . . _. _ � i - [ s rr� : `� i � . ^ti -i�..xiy ��'�`O��"�;:� I --••� BOUN�MY UNE OF SAIO lAT e A OISTANCE OF 100.00 FEET TD 7HE POINT OF BEpNNING.
^'�---.� -NiY:°' r .... R -�..� .
z..7 � T�.EPHONE '� � ,.�._ ,_:a_i � � "'� ' � W� '� . {. 'C '�' r''�r"s
PmESTAI RETAININC WALL ^ a ti=yt l9 � � is y�i� � q �- . p ----'
�OT 8A ` ,�.o•� c�i�� �,�., �., r x G�„ '�„n �,.� �, o - TRACT A
� °T" rF �` 4. , Co ----- (uioo� camc sueorvsior�)
12' WP wc> ''-` x � z 'i j �' ��v� 0 --- .
(ftm SANOSTONE E7DdEN7M1� �INV. . 8Y�22 NV1/� wnt �� �mo '��9t �u° �j,t[ L �� m � "'�'� SUR4�YOfYS CQtTFlCATE
� 1� r-.- -;. � „` R "'---
r'� °v^'� i ',;.• -�.4'._. _ evnf d� �t. "•�t� r �q��,,,sty*"-�'' O i. BRENT BIGGS, A PROFESSIONAL W70 SURVEYDft REdSTQtm UNDE7t THE UWS OF
�. ':n ..; .y. ' +9�' .j r•i' i• : :`.:•.' � 'l�p Y„ .+ .J : !�l "'---- 7HE STA7E OF COLdiADO. DO HEIi�Y GERIIFY THAT 7HI5 TOPOGRMH�C MM WAS
�.� � """�� - _._, ♦ • •' �Wxk�r� `.'� /" � "V �. �1'fint�i��. . IT7 ..,�._ MADE 6Y ME AND UNOQt MY SUPQ2VISION� AN� TNAT 7HE MM IS ACp1HATE ANU
,�' :
.,,� \ (Y63� � ' ' �wtrt'VRUinY�:•n:i.'�.. :: a'�� ;. _�; n.v . 'a�.. �; 1''�c vv Y ��; v`'- CdiRECT TO THE BEST OF YY KNOKLmGE
12' CA1P \ � �%/� �xi . . .r � Y�LII-LEVR '� g4; �`'�.,�-'''n ��+:,r. f�D -,...` DATE ,
MV. � fl211.5 \ / ( . YULTI-IEYFL . MVIXt FRAMm � � ,�J 4 , t v
� � �/ W000 FRMim -- MM7NENT UNI75 -ir �' rN�g! Ui --.-._ 6RQ7T 81CG5
-.... ,� _ _ �\ /�P j � �3 MMi1iENT UNITS � Y ?,� � '�"t iCO`= � �.,_„_ . PEAIC LAN� SURVEYING, ING
FoR k oN 8EHlJF OF
"'- --... \ �� \ dJ'i i b x r � a x�. �_ �
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"' .� g23� . --- - - 9 it:°` iy �'� v� ""� CURVE TABLE
--•- ..__ --_.
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�\ \ --' -� � ,�, � ra, w� _� v-.,,,,,,,. CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING
! r �?��.,
�` -.., „-., --._ _' ---• _,-... ..,� -..._ SWALE� a c2 n:ti . "'..,-....
(24.5� yT LOT 8B 4 61"A a "' �(39.4�_. C7 DEED 2'S3'07' 3990.00' 200.93' tOD.48' 200.91' S83'10'09`W
` C2 MEAS 2'S3'09` 3990.00' 200.97' 100.5Y 200.95' SB3'03'S5"W
1 ` --.. � � _ ^ � ��°"8° n n (SOIAR VAIL) � C3 2'S4'50' 3990.00" 20292' 701.48' 20290' S85'S7'S3'W
� I o I -..,_ 1.000 ACRES (DFID) . $�O �t� � _r _� FIX1N� Na 5 R�M
' -�-•• --,.. # � o d / _ "'- --,_ 0.979 ACRES (NFAS eaxe � 8 N1TH NLNINUM CAP
"'..• ...� "i ' � APPROJpyA7E "--- ..,� -...., �� ,�, . '2? LS Na. 27598 .....
"`.- � 20' UIIUTY lOCA71QV qc -�-.. ...-- ..'"' � u • . r
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/ � e �E 628) ..-,- ""'" �-� m]as .._ _ _ � " (SEE NOlE 5)
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I 80� 733. P� e�+xe� C3 G0.0.T. R.O.W. YMI(ER
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� m 4 � 8 � VAIL ,COLORADO a �' � �
O � N ` R; � �
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period from Friday, Saturday and Sunday to all days during the peak periods . '
• In recognition of significant increase in demand during the early season for this year,
only allow this free peak period area to be used Monday through Friday up to the
beginning of the holiday peak period .
o Restrict the construction pass to the Lionshead Structure Monday through Thursday
and not allow entry to Ford Park or the Soccer Field parking on peak days .
• Recommend an increase in the maximum parking violation from $26 to something
closer to twice the rate of parking .
• Allow pass parking at the former Wendy's lot.
• Enhance the area between Wendy's and the Chamonix bus stop with level and
asphalt milling shoulders .
• Look at having Donovan Park used early season this year only.
• Provide enhanced transit service early season and during peak periods for the
Wendy's lot and West Vail shoulder parking .
• Enhance the summer parking management of the structures during peak periods :
three additional seasonal positions are included in the 2008 budget.
• Recommend this is the last year current debit card holders can add value to cards
without verification of restrictions of use . Beginning next year, a recertification
process will take place.
Peak is 50% of the total number of ski days . In reference to employee parking , MofFet
congratulated Hall on his proposed solutions . It was clarified there are 150 days of paid
parking . April 13 is currently scheduled to be the last day of ski season . Hall announced
there were internal discussions regarding using Donovan Pavilion as an ancillary parking
lot. A new merchant Silver Pass was proposed to be sold for $ 1 , 575 and offered solely
to business owners who operate in Vail Village or LionsHead . A maximum of 50 silver
passes would be sold for each parking structure , offered on a first-come, first-served
basis; one pass per business during the initial sales period . The 100 total passes would
provide seven-day-a-week access to either the Village or LionsHead parking structure,
but not both , depending upon where the business is located . Representing the Vail
Chamber and Business Association Kaye Ferry, said she believed the recommendations
were very appropriate . Moffet moved to adopt the Parking Task Force recommendations
with silver parking passes being sold on a first-come , first-served basis with Newbury
seconding . Representing Vail Resorts , Brian McCa�tney questioned the need for a two-
tiered system for weekday and weekend parking rates . "When you confuse the guest,
you irritate the guest . . . lf we don 't need the revenue , 1 don't recommend you use a two-
tiered system ." During a pause for public comment, former Mayor Bob Armour
encouraged not using a two-tiered system . Hitt said he believed the guest cared most
about skiing , not about the price of parking . The motion passed 4-2 , with Slifer and
Gordon opposed .
The tenth item on the agendas was a request by Sonnenalp Properties , Inc. ,
= represented by Henry Pratt, Gwathmey Pratt Schultz Lindall Architects , for permission to
proceed through the town's development review process for the re-alignment of an
existing driveway across Tract A, Middle Creek Subdivision , for the Solar Vail Employee
Housing Project.
Town Planner Scot Hunn stated the applicant has proposed to redevelop the Solar Vail
property located at 501 North Frontage Road West. During the preliminary review of this
project, staff asked the applicant to revise the plans to include improvements to the
5
grade and alignment of the existing access driveway for Solar Vail to meet current town
�'� � standards . The existing access driveway , located to the east of the Solar Vail building ,
encroaches over the extreme south west corner of Tract A, an un-platted parcel of land
owned by the town . Existing driveway improvements impact approximately 600 square
feet of Tract A. Preliminary drawings indicating the revised driveway alignment and
associated extents of disturbance on Tract A were reviewed during the Town Council
Work Session . The applicant must obtain approval from the Vail Town Council (i .e.
property owner) before proceeding through the town 's development review process for
any improvements across or over Tract A. Moffet moved to approve the request to
proceed with Foley seconding . Hitt said he believed the property could be redeveloped
without impacting a natural area of preservation . The motion passed 5-1 , Hitt opposed .
The eleventh item on the agenda was the Proposed additions to Exhibit B "Permitted
Capital Improvements" for the Town of Vail Master Deed Restriction that is currently in
place at Vail Commons , Red Sandstone Creek, North Trail Townhomes , Pitkin Creek
Park # 5-F and Vail Heights # 11 .
Newbury recused herself from the item as she owns and lives in a deed restricted unit.
Town Housing Coordinator Nina Timm reported the Town of Vail Master Deed
Restriction for Vail Commons , Red Sandstone Creek, North Trail Townhomes and Pitkin
Creek Park # 5-F and Vail Heights # 11 limits appreciation of these units to a maximum
of three percent simple interest per year. Additionally, the recoupable permitted capital
improvements are also limited . The deed restriction has maintained the units as
affordable to local employees. At this point in time it is prudent to expand the recoupable
permitted capital improvements to maintain the units at a desirable level . The goal of the
suggested additional permitted capital improvements is not to further the resale value of
an owner' s home, but to provide some monetary relief if certain improvements are made
and an owner must sell their unit within a five-year period . Moffet clarified a three
bedroom unit in the Vail Commons neighborhood is presently worth approximately
$243 , 000. Moffet moved to approve the resolution with an amendment to increase
maximum allowable improvements from 10% to 15% , with Gordon seconding . It was
clarified only energy star appliances are recoupable . Timm reported around two to three
of the affected units change hands in a year. The motion passed unanimously, 5-0 .
The twelfth item on the agenda was the Second reading of the 2008 Budget, Ordinance
No . 29 , Series 2007 .
Moffet moved to adopt the ordinance with Gordon seconding . The motion passed 5-1 , �
with Foley opposed . Foley said he believed Council should have spent more time
reviewing salary and benefit data . Zemler thanked Finance Director Judy Camp and
Halloran for their diligent efforts on the budget.
The thirteenth item on the agenda was the Second reading of Ordinance No . 30 , Series
of 2007 . An Ordinance Amending Section 1 -5-8 "Compensation" , Vail Town Code ;
Increasing the Compensation Paid to Town Council Members.
This ordinance increases council compensation from $500 per month to $625 per month
and retains the salary for mayor at $ 1 , 000 per month , effective January 1 , 2008 . Mire
stated according to Town Charter, Council Members are not to benefit from increased
compensation brought about by their own vote . Subsequently , Hitt and Gordon (both
with two years remaining on their terms) are not eligible to receive a salary increase
6
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s IC 1 0 C 1 ' o[� (� � � N� � � ,. ,
, �� � 1 11' t ' 1 SI '
�'�� �� �,�, � � Department of Community Development �EP 1. 1200� '�
� 75 South Frontage Road, Vail, Cc5lorado 81657 �,
te1 : 970.479.2139 fax: 970.479.2452
web: www.vailgov.com �T�?VU � � � �� I �
General Inform�tion :
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application . Please refer to the submittai requirements for the particular approval that is requested .
An epplication for Planning and Environmental Commission 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 Design Review Board.
Type of Appiicatiora and Fee:
❑ Variance $500 ❑ Conditional Use Permit $650
❑ Sign Variance $200 ❑ Floodplain Modification $200
❑ Rezoning $1300 ❑ . Minor Exterior Alteration $650
❑ Major Subdivision $ 1500 ❑ Major F�cterior Alteration $800
❑ Minor Subdivision $650 ❑ Development Plan $1500
❑ New Special Development District $6000 ❑ Amendment to a Development Pian $250
❑ Major Amendment to an SDD $6000 � �. =Zoning Code Amendment , $1300
❑ Major Amendment to an SDD $1250
(no e�ct�erior modifications) .
Descrip�ion of the Reqaaest: ! D Aw1�..1�D ��T'1� �1�� �`�T�.tG'T� '�T� /�1-�.-� ln�
'� F���00a.9 �. DAFaC.�'� �S � CA �7't� i 9`1 �7� V � �'. � 1
. - �
�oeatimn of the �ropmsal : Lot:�Block: � Subdivision : Y/�. ! L.. �7`t�1rT0 f~'"�TC1a �
Phy�ical Adt�r�ss: DOO �O { � '�P 7 �1:'I"� � �� � I�• � ,
P�rcel No. : � � � ` �� �2 Q � ' (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) �
Zonin� : �OV `'-.�' 16..1.C� � ��
Narne(s) mf Owrner(s): �c7hiti4�lA1_h � �-�Ti �''S � 1�1C.. �
�c�il9l1� AC'l�9'eSSe 2l7 V.�, � Iw�� �Lt�R.I �... �.-� �jb � � . �
. � P'hon�: 4°� � - �' �- '� D ,
Owner(s) Sigraature(s) . � � ;
Narn� of Agaplir�nt: �'1'3'�r�aJ�� ��"�ca�. �'.. � � '
�
Wlailing Addre�s: �
Phone: �
. I.�.ut?.�,1@. �i-��..A�c�r`� �c..�-� , c.�rm 4-� t� - I tv 12.� �
E-maol Acldress. � � ,
� �
F�r Ciff��ce 19�e Onlyc ;�' '
. . :. _ . , . _ : , �—�'r
Fee Paid . _�' � � Check No: . " By: �
Nieeting Date: - PEC No.;
Planner: ' ProjecE No. : . '�•
, �
• ;. ., . , ' 4 �
F:\cdev\FORMS\Permits\Planning\FTEC\development�lan_arnend.doc Page 1 of 7 12-2$-05
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%
s�ott x,�
Department of Community Development
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Solar Vail text amendment request
September 11 , 2007
Scott:
As requested, here is our application for a text amendment to the Housing (H) zone district. We are
asking that professional offices be allowed as a conditional use.
. Thanks,
, . ._..._._ -
�
Henry Pratt, AIA
Gwathmey Pratt Schultz Lindall Architects , P . C .
1000 South Frontage Road West , Suite 102 � Vail , Colorado 81657 � tel : 970 . 476 . 1147 fax : 970 . 476 . 1612
info@gpslarchitects . com ■ www. gpslarchitects . com
* * * * � * � * * * * * * * * � * � * * � * * * * * * * * * * * * * * � � * * * * * * * * * * � * * � * * * * � * * * * * * � * * � * * * * * * * * � * * * * * * * * * * * * * * * * *
TOWN OF VAIL, COLORADO Staternent
* * � * * * * � * * * * * * * * * * * * * * * � * * * � * * * * * * * * * * * * � * � * * * * * * * * * * * * * * * * * � � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Statement Number : R080000040 Amount : $ 1 , 300 . 00 Ol / 11 / 200809 : 50 AM
Payment Method : Check Init : JS
Notation :
1066664 / SONNENALP
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Permit No : PEC070074 Type : PEC - Zoning Code Amendmen
Parcel No : 2101 - 063 - 0201 - 1
Site Address : 501 N FRONTAGE RD WEST VA2L
Location : 501 N . FRONTAGE RD . W .
Total Fees : $ 1 , 300 . 00
This Payment : $ 1 , 300 . 00 Total ALL Pmts : $ 1 , 300 . 00
Balance : $ 0 . 00
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ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES ^ 1 , 300 . 00
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i ( 09/07/2007) Scot Hunn Solar Vail driveway improvement request to_ Council pdf _ �. _ , . . Page 1 �
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SEP - '7 2007 ,
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Vail Town Council
c/o Deparhnent of Community Development ;
Town of Vail j
75 South Frontage Road
Vail, CO 81657 '
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Re: Salar Vail driveway improvement reqnest i
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Members of the Council, �
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As you are probably aware, the Owner of the Solar Vail property, Johannes Faessler, is considering ;
redevelopment of the property with a new building that will contain approximately 66 not-for-sale ;
employee housing units, some office space and covered parldng. This would be a substanrial
increase over the existing 24 units.
During preliminary design we contacted CDOT about installing a second curb cut in the Frontage
Road so that we could separate the access to employee pazking from that for the o£fxce space. To
, make a long story short, we were tald to not even think about another curb cut. As a result we
redesigned the access and parking to use the existing driveway for access to all parking. Much of this ,
existing access sits on TOV land.
While it is our intent to imiprove the existing driveway with khe redevelopment, it was not our intent
to substantially change the location of the driveway or modify the existing grades. To do so would
require increasing the amount of the encroachment and disiurbing TOV property. However, during !
the Staff review of ouir preliminary subm�ittal to the PEC (to discuss the issues of rezoning, parldng,
office uses, etc) Staff was told by Public Works that they would like to see this driveway improved '
in terms of slope and how it ties in with the Frontage Roacl. We were told that we need to seek �
Council authorization to proeeed with this work. I
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Therefore, wa have asked to come before the Council on October 2, 2007 to get this authorization so i
that we may proceed with design for an improved access drive. We have also been asked by Staff to �
come to fhe meeti.ng with a preliminary design showing what we would be proposing to do. �
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� Thank you for your time. � �
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���� � � � g C, C� C � MC
Applmcation for Revie�nr by the D
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�lanni �g and Eravironmental Coanrniss SEP - 6 2007
� Department of Community Development �,.�� � � � �� � �
��,��' �� ` 75 South Frontage Road, Vail, Colorado 81657
te1 : 970.479.2128 fax: 970 .479 .2452
, web: www.vailgov.com
General Information :
Al) projects requiring Planning and Environmental Commission 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 Planning and Environmental Commission 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 Design Review Board.
Typ� of Application and Fee:
� Rezoning �86-"" O . � Conditional Use Permit $650
❑ Major Subdivision $ 1500 ❑ Floodplain Modification $400
❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650
❑ Exemption Plat $650 ❑ Major Exterior Alteration $80�
❑ Minor Amendment to an SDD $ 1000 ❑ Development Plan $ 1500 •
� New Special Development District $6000 ❑ Amendment to a Development Plan $250
� Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300
❑ Major Amendment to an SDD $ 1250 O Variance $500
(no exteriormodifications) ❑ Sign Variance $200
Description of the Request: , Ct�nIVE"'Q�IOhI OF �"a01,��. Vl�, l L.. ��'1r1 �Lp4C"�'
� I �G�- �tZr� M t�l-D►�) F' --� �o V � ! a�tG-� Zo �.� a"�. 15Tr�i G�-'
Location of the Proposal : Lot: S Block: �. Subdivision : �tl. �7?1�T0 i�' Pc"T�,1-{
Physicai Address: ODO �'c� I 1� . �'QptJ.?�-1�° �j. , V�l.
Parcel No. : 21 pI o �0 � Z� I I (Contact Eagle Co. Assessor at 970-328-8640 for parcel no . )
Zoning : ��3M � .
iVart�e(s) of Owner(s) : �N N E�IAt.._ i"� �O'f�2-'1l E5 � � �!G .
f�9ailing Address: 2� v�.l �[� � �� ) � � CO �jl (o �'�' �
Phone : ��9 � �'�� D
Owner(s) Signature(s) : � �
IVame of Appiicant: �ON I`INE� �A�E`S�v�--E��--.
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Mailing Address:
Phone:
E- maii address: LAV'R.E� 'r�' G-��l.A'(2.G� f1�C."r Fa�� � �' � ' � � CZ-
For Office Use Only: : /"/ ��.a°.l� _
Fee Paid : C�eck No: : By:
Meeting Date : / � ° ° � � PEC No. : .-�
Planner: � � Project No. :
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