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HomeMy WebLinkAboutPEC130024 AppealTOWN OF VAII/ Appeals Form Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Tel: 970 - 479 -2128 www.vailqov.com Development Review Coordinator General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action /decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action /decision. Action /Decision being appealed: Denial of a request to allow for the construction of various improvements at the Ford Park Gerald R. Ford Amphitheater lobby and box office Date of Action /Decision: August 12, 2013 Board or Staff person rendering action /decision: Does this appeal involve a specific parcel of land? (yes) (no) If yes, are you an adjacent property owner? F— (yes) (no) Name of Appel lant(s): Zehren and Associates on behalf of the Vail Valley Foundation and the Town of Vail Mailing Address: Po Box 1976, Avon, Colorado 81620 Physical Address in Vail: 540 S. Frontage Road East Legal Description of Appellant(s) Property in Vail Appellant(s) Signature(s): David Baum (Attach a list of signatures if more space is required). Phone: 970.949.0257 Lot: Block: Subdivision: Signing for Zehren on behalf of the VVF SUBMITTAL REQUIREMENTS 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person ". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right -of -way, stre r . 4. Provide stamped, addressed envelopes for each property owner listed in Submit this form and all submittal requirements to: Town of Vail AUG 13 2013 Community Development Department 75 South Frontage Road Vail, Colorado 81657 - nWN OF VAIN. For Office Use Only: //yy�am� Date Received:JJ,3))� Activity No: `Y ()1� Planner: 61L Project No: _� � 13 Qom% 2013 -0305 Thursday, August 22, 2013 Town of Vail Community Development Department 75 South Frontage Road Vail, Colorado 81657 AUG 2 2 2U13 TOWN OF VAIL Re: Appeal of decision by Planning and Environmental Commission on August 12, 2013 Members of the Vail Town Council: On behalf of applicants the Vail Valley Foundation and the Town of Vail, Zehren and Associates respectfully submits this letter of appeal regarding the Town of Vail Planning and Environmental Commission's decision to deny our request to allow for construction of various improvements at the Ford Park Gerald R. Ford Amphitheater. This application was denied at the meeting of August 12, 2013. This decision adversely affects the applicant's ability to operate the facility at a level anticipated at a world class, destination resort. According to the Town Code, the application was to be evaluated based upon the six factors enumerated in 12 -16 -6. An application that satisfies these criteria should be approved by the Commission. We do not believe this project was fully or accurately evaluated against these criteria at this meeting, specifically based upon two (2) primary factors: A. Commissioners stated that they were uncomfortable affording a review of this application without having an approved master plan in place, in doing so limiting their ability to fully evaluate this project as enumerated in Criterion 1. B. Commissioners elected not to conduct a site visit in order to establish the scale and bulk of the proposed improvements in relation to surrounding site, in doing so limiting their ability to fully evaluate this project as enumerated in Criterion 4. Below these six criteria are provided in bold characters, followed by supporting information as to how we believe our application satisfies each. 1. Relationship and impact of the use on development objectives of the town. As a procedural matter, we satisfy this criterion based upon three relevant, independent actions taken on behalf of the project by the Town. These actions consistently affirm this applications alignment with the development objectives of the Town: • The Vail Town Council adopted the 2012 Gerald R. Ford Park Management Plan Amendment in April, 2012. The 2012 Plan remains in full effect while the Town of Vail considers the adoption of the 2013 Gerald R. Ford Master Plan. • At the August 5, 2013 Town Council meeting, the project received a 5 -1 approval to proceed with an application to the PEC. • At the August 12, 2013 PEC meeting, the Town Staff recommended approval, with conditions, of this application, noting noted the Master Plan contained "no significant changes proposed for this area which would affect the application being presented today" ARCHITECTURE • PLANNING • INTERIORS ® • P.O. Box 1976 •Avon, CO 81620 • (970) 949 -0257 •FAX (970) 949 -1080 • vail @zehren.com 101 El Paseo. • Santa Barbara, CA 93101 • (805) 963 -6890 • FAX (805) 963 -8102 • santabarbara @zehren.com www.zehren.com a Z E H R E N A N D A S S O C I ATE S Thursday, August 22, 2013 Town of Vail Community Development Department 75 South Frontage Road Vail, Colorado 81657 AUG 2 2 2U13 TOWN OF VAIL Re: Appeal of decision by Planning and Environmental Commission on August 12, 2013 Members of the Vail Town Council: On behalf of applicants the Vail Valley Foundation and the Town of Vail, Zehren and Associates respectfully submits this letter of appeal regarding the Town of Vail Planning and Environmental Commission's decision to deny our request to allow for construction of various improvements at the Ford Park Gerald R. Ford Amphitheater. This application was denied at the meeting of August 12, 2013. This decision adversely affects the applicant's ability to operate the facility at a level anticipated at a world class, destination resort. According to the Town Code, the application was to be evaluated based upon the six factors enumerated in 12 -16 -6. An application that satisfies these criteria should be approved by the Commission. We do not believe this project was fully or accurately evaluated against these criteria at this meeting, specifically based upon two (2) primary factors: A. Commissioners stated that they were uncomfortable affording a review of this application without having an approved master plan in place, in doing so limiting their ability to fully evaluate this project as enumerated in Criterion 1. B. Commissioners elected not to conduct a site visit in order to establish the scale and bulk of the proposed improvements in relation to surrounding site, in doing so limiting their ability to fully evaluate this project as enumerated in Criterion 4. Below these six criteria are provided in bold characters, followed by supporting information as to how we believe our application satisfies each. 1. Relationship and impact of the use on development objectives of the town. As a procedural matter, we satisfy this criterion based upon three relevant, independent actions taken on behalf of the project by the Town. These actions consistently affirm this applications alignment with the development objectives of the Town: • The Vail Town Council adopted the 2012 Gerald R. Ford Park Management Plan Amendment in April, 2012. The 2012 Plan remains in full effect while the Town of Vail considers the adoption of the 2013 Gerald R. Ford Master Plan. • At the August 5, 2013 Town Council meeting, the project received a 5 -1 approval to proceed with an application to the PEC. • At the August 12, 2013 PEC meeting, the Town Staff recommended approval, with conditions, of this application, noting noted the Master Plan contained "no significant changes proposed for this area which would affect the application being presented today" ARCHITECTURE • PLANNING • INTERIORS ® • P.O. Box 1976 •Avon, CO 81620 • (970) 949 -0257 •FAX (970) 949 -1080 • vail @zehren.com 101 El Paseo. • Santa Barbara, CA 93101 • (805) 963 -6890 • FAX (805) 963 -8102 • santabarbara @zehren.com www.zehren.com TOWN OF VAI THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6, Vail Town Code, on September 3, 2013 at 6:00 pm in the Town of Vail Municipal Building, 75 South Frontage Road, Vail Colorado, in consideration of: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a request for amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses ", pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the onstruction of various improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza and box office remodel, located at 540 South Frontage Road East/Unplatted, and A6 setting forth details in regard thereto. (PEC130024) t Appellant: Vail Valley Foundation, represented by Zehren & Associates Planner: George Ruther The applications and information about the final approval and appeal are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road, Vail, Colorado. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published in the Vail Daily August 16, 2013. TOWN OF VA1L' VAIL TOWN COUNCIL AGENDA MEM MEETING DATE: August 6, 2013 ITEM /TOPIC: A request to proceed through the development review process with a proposal to construct a social courtyard at the entrance to the Gerald R. Ford Amphitheater, located at Ford Park, 540 South Frontage Road East/Unplatted, and setting forth details in regard thereto. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the request to proceed through the Town's development review process. BACKGROUND: The Vail Valley Foundation is proposing improvements to the entrance to the Gerald R. Ford Amphitheater in Ford Park.. The improvements being proposed are consistent with the recommendations outlined in the 2012 Gerald R. Ford Park Management Plan Amendment. In order to proceed with the review of the development application, the applicant must first receive approval from the property owner. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the request to proceed through the development review process for proposed improvements to the entrance to the Gerald R. Ford Amphitheater. ATTACHMENTS: Council Memorandum ,5-1 • 5 rn�� (d ©CXZD bC-�2- i� uvfzs o i�!)o ✓Na,D L; voor- -CPVA71U -' . ? (6 u-�s) 5,C) .d }��Orn_Gc-iOl l F!9) ? G wc-c- ��l Ls �� �s vt✓L✓�t� Lam. TOWN OF Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 6, 2013 SUBJECT: A request to proceed through the development review process with a proposal to construct a social courtyard at the entrance to the Gerald R. Ford Amphitheater, located at Ford Park, 540 South Frontage Road East/Unplatted, and setting forth details in regard thereto. Applicant: Vail Valley Foundation, represented by Hunn Consulting Group, LLC Planner: George Ruther DESCRIPTION OF REQUEST The applicant, Vail Valley Foundation, is requesting property owner authorization to proceed through the Town's development review process with a proposal to construct a social courtyard at the entrance to the Gerald R. Ford Amphitheater, located at Ford Park. The proposed improvements are intended to be consistent with the 2102 Gerald R. Ford Park Management Plan Amendment recommendations. According to the Amendment, "The design intent and objective for the new "social courtyard" is to create a multi -use outdoor space of that serves as the primary arrival for the Amphitheater as well as a pre- convene and post- function space during scheduled events." Further, the Amendment states, "Expansion of the existing plaza at the entry to the Amphitheater is intended to provide a more gracious and more functional entry to the venue. The design intent and objective for the new "social courtyard" is to create a multi -use outdoor space of that serves as the primary arrival for the Amphitheater as well as a pre- convene and post - function space during scheduled events. The social courtyard will also serve as a new programmable space within the lower bench of Ford Park for smaller gatherings and events. Use of the space will be available by various groups and stakeholders such as the Betty Ford Alpine Gardens or the Art in Public Places, and the common park user, during times when the amphitheater is not in operation and when there are no scheduled events taking place. The space is envisioned to be richly landscaped, and have a high level of design and attention to detail. Two new gates are planned to serve as ticket control and baggage check, and a perimeter landscape barrier combining plants and a decorative artistic fence will be designed to provide security for the venue. Portions of the social courtyard are envisioned to be covered by a roof feature to shelter patrons from rain during inclement weather and provide shade during sunny days. In this case consideration should be given to the relationship of this structure to surrounding improvements and to how important view sheds can be maintained. " + Design elements of the proposed courtyard include: • Approximately 4,100 square foot Amphitheater lobby /public plaza with special paving, boulder seating, and furnishings to match Phase One improvements. • Approximately 35 fo t tall tensile fabric roof element, to replace existing unused vertical element. (-4 <-PdCS (� ) '4 V - 4q, • The removal of approximately 1,300 of square feet of existing landscape area where existing specimen trees relocated on site to newly enhanced landscape areas • Approximately 6 foot tall fence around the perimeter of the courtyard t • Iconic tribute to the Ford Family within the Amphitheater lobby /public plaza • Interpretive Ford Family story walls facing Betty Ford Way for year -round public access and viewing • New concessions window and minor expansion of existing concessions building • New donor wall at entry • Aesthetic enhancements and upgrades to the existing Box Office to match Phase One improvements • New main entry gates into the Amphitheater' "�v`�s • New miniature stage within the plaza for small performances and events (lectures, etc.) IL ACTION REQUESTED TL �0 On behalf of the property owner, the Vail Town Council shall approve, approve with conditions, or deny the applicant's request for property owner authorization to proceed through the Town's development review process. The approval of this request will only grant the applicant the property owner authorization necessary to proceed through the Town's development review process and will not constitute an explicit approval of the proposed improvements. As Town of Vail Page 2 representatives of the property owner, however, the Town Council has specific concerns with what is being proposed, those concerns must be expressed at this time. I I I �XOMOIOI ky, M 1_21 iil91-11 l[eli; Should the Vail Town Council choose to approve the applicant's request, Staff recommends the Council pass the following motion: "The Vail Town Council, on behalf of the property owner, approves the applicant's request to proceed through the development review process with a proposal to construct a social courtyard at the entrance to the Gerald R. Ford Amphitheater, located at Ford Park, 540 South Frontage Road East/Unplatted, and setting forth details in regard thereto. 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