HomeMy WebLinkAbout2001-09-04 Support Documentation Town Council Evening Session
REVISED
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, SEPTEMBER 4, 2001
7:00 P.M.
TOV COUNCIL CHAMBERS
NOTE: Times of items are approximate, subject to change, and cannot be relied
upon to determine at what time Council will consider an item.
1. CITIZEN PARTICIPATION. (5 min.)
2. CONSENT AGENDA: (15 min.)
Proclamation #3, Series of 2001, a Proclamation Designating
September 9 - 15 as "TRY TRANSIT WEEK". (5 min.)
Ordinance #19, Series of 2001, an ordinance 2"d reading.
(5 min.)
Ordinance #23, Series of 2001, an ordinance approving the Booth
Falls Townhomes Rockfall Easement, 2"d reading. (5 min.)
3. ITEM/TOPIC: Vail Center Update. (15 min.)
Russell Forrest
5. Ordinance #20, Series of 2001, Supplemental, first reading
(20 min.)
Steve Thompson
5. Ordinance #24, Series of 2001, Gateway SDD, first reading. (20
min.)
Allison Ochs
Ordinance No. 24, Series of 2001: An ordinance repealing and
reenacting Ordinance No. 9, Series of 1988 and Ordinance No. 17,
Series of 1196, providing for the major amendment of Special
Development District No. 21, Vail Gateway, to allow for the change
in underlying zoning from Commercial Core I to Commercial
Service Center, amending the approved development plan for
Special Development District No. 21, Vail Gateway; amending Title
12, Chapter 7, Article E, Section 4, to add "private club" as a
conditional use in the Commercial Service Center zone district;
amending Title 12, Chapter 2, Section 2, to add a definition of
"private club"; and setting for details in regard thereto.
ACTION REQUESTED OF COUNCIL:
Approve, approve with conditions, or deny, Ordinance No. 24, Series
of 2001 on first reading.
BACKGROUND RATIONALE:
The applicant, Braun and Associates, has requested a major
A rezoning of the underlying zoning from Commercial Core I to
Commercial Service Center.
A major amendment to Special Development District No. 21.
A text amendment to the Commercial Service Center zone district
to allow for private clubs as a conditional use and a text
amendment to allow for the addition of a definition of "private club"
to the Zoning Regulations.
The Planning and Environmental Commission has forwarded a
recommendation of approval of the above at their July 23, 2001,
meeting. Please refer to the staff memorandum for additional
information.
STAFF RECOMMENDATION:
Staff is recommending approval on first reading of Ordinance No. 24,
Series of 2001.
6. ITEM/TOPIC: Ordinance #26, Series of 2001, first reading, an
Allen Christensen ordinance appointing the Vail Local Housing Authority as Special
Fiduciary Agent to Implement the Mountain Bell Project. (10 min.)
7. Ord. #21, Vail Village Inn SDD, 2"d reading. (15 min.)
George Ruther
8. Ord. #22, 2"d reading, Charter Amendment. (10 min.)
Allen Christensen
9. Town Manager's Report. (5 min.)
Bob McLaurin
Adjournment (8:45 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 9111/01, BEGINNING AT 9:00 A.M. IN THE TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 9/18/01, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 9/18/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL
CHAMBERS
Sign language interpretation available upon request with 24-hour notification.
Please call 479-2332 voice or 479-2356 TDD for information.
ORDINANCE NO. 19
SERIES OF 2001
AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 6, ARTICLE I,
HOUSING (H) DISTRICT; AMENDING TITLE 12, CHAPTER 2, SECTION 2, DEFINITIONS;
AMENDING TITLE 12, CHAPTER 13, SECTION 3, GENERAL REQUIREMENTS, AND
SECTION 4, REQUIREMENTS BY EMPLOYEE HOUSING UNIT TYPE; 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 Town
Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of these amendments at its August 13, 2001, meeting, and has
submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
. WHEREAS, the Vail Town Council considers housing a high priority and recognizes the
Town's role in providing quality living conditions for the community's workforce.
WHEREAS, the Vail Town Council recognizes the need to provide for adequate sites for
employee housing within the Town; and
WHEREAS, the Vail Town Council considers it reasonable, appropriate, and necessary
to adopt a new zone district to encourage and facilitate the development of employee housing;
and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Zoning Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to adopt amendments to the Housing
Zone District, which is intended to provide for adequate sites for employee housing, which,
because of the nature and characteristics of employee housing, cannot be adequately regulated
by the development standards of other residential zoning districts; and to amend the regulations
specifically regarding employee housing as it pertains to the Housing Zone District.
Section 2. Title 12, Chapter 6, Article I. Housing District, shall be amended as
follows:
Ordinance No. 19, Series of 2001 1 -
(Text which is to be deleted is indicated as rtFiGker;. Text which is to be added is
indicated as bold.)
ARTICLE I. HOUSING (H) DISTRICT
SECTION:
12-61-1: Purpose
12-61-2: Permitted Uses
12-61-3: Conditional Uses
12-61-4: Accessory Uses
12-61-5: Setbacks
12-61-6: Site Coverage
12-61-7: Landscaping and Site Development
12-61-8: Parking and Loading
12-61-9: Location of Business Activity
12-61-10: Other Development Standards
12-61-11: Development Plan Required
12-61-12: Development Plan Contents
12-61-13: Development Standards/Criteria for Evaluation
12-61-1: PURPOSE:
The Housing District is intended to provide adequate sites for deed- cc+.risted employee housing
which, because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other residential zoning districts. It is
necessary in this 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 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.
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H District:
Deed restricted employee housing units, as further described in Chapter 12-13 of this Title.
Passive outdoor recreation areas, and open space.
Pedestrian and bike paths.
12-61-3: CONDITIONAL USES:
GeR 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 deed r^°+.;employee housing and
specifically serving the needs of the residents of the development, and developed in
conjunction with deed FeSIFO^+^,+ employee housing, in which case the following uses may be
allowed subject to a conditional use permit:
Banks and financial institutions.
Eating and drinking establishments.
Health clubs.
Personal services, including but not limited to, Laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments.
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 30% of the total GRFA constructed on the property and,
C. Dwelling units are only created in conjunction with deed-rte tristed employee
housing and,
Ordinance No. 19, Series of 2001 -2-
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 and educational institutions, including day-care facilities.
Public buildings and grounds.
Public parks.
Public utilities installations including transmission lines and appurtenant equipment.
Type VI employee housing units, as further regulated by Chapter 12-13 of this Title.
12-61-4: ACCESSORY USES:
The following accessory uses shall be permitted in the H District:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12 of this Title.
Minor Arcades
Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or
recreation facilities customarily incidental to permitted residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and
necessary for the operation thereof.
12-61-5: SETBACKS:
The setbacks in this district shall be 20' from the perimeter of the zone district. At the discretion
of the Planning and Environmental Commission, variations to the setback standards may be
approved during the review of a development plan subject to the applicant demonstrating
compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and riparian
areas, geologically sensitive areas and other environmentally sensitive areas.
B. Proposed building setbacks will provide adequate availability of light, air and open space.
C. Proposed building setbacks will provide a compatible relationship with buildings and uses on
adjacent properties.
D. Proposed building setbacks will result in creative design solutions or other public benefits
that could not otherwise be achieved by conformance with prescribed setback standards.
Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R,
PS, and RC zoned properties, unless a variance is approved by the Planning and
Environmental Commission pursuant to Chapter 17 of this Title.
12-61-6: SITE COVERAGE:
Site coverage shall not exceed fifty-five percent (55%) of the total site area. At the discretion of
the Planning and Environmental Commission, site coverage may be increased if 75% of the
required parking spaces are underground or enclosed, thus reducing the impacts of surface
paving provided within a development, and that the minimum landscape area requirement is
met.
12-61-7: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and
length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not
less than three hundred (300) square feet.
12-61-8: PARKING AND LOADING
Off-street parking shall be provided in accordance with Chapter 10 of this Title. No parking or
loading area shall be located within any required setback area. At the discretion of the Planning
and Environmental Commission, variations to the parking standards outlined in Chapter 10 may
be approved during the review of a development plan subject to a Parking Management Plan.
The Parking Management Plan shall be approved by the Planning and Environmental
Commission and shall provide for a reduction in the parking requirements based on a
demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For
example, a demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
Ordinance No. 19, Series of 2001 -3-
12-61-9: LOCATION OF BUSINESS ACTIVITY:
A. Limitation; Exception: All conditional uses by 12-61-3 of this Article, shall be
operated and conducted entirely within a building, except for permitted loading
areas and such activities as may be specifically authorized to be unenclosed by a
conditional use permit and the outdoor display of goods.
B. Outdoor Display Areas: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon the
establishment's own property. Sidewalks, building entrances and exits, driveways
and streets shall not be obstructed by outdoor display.
12-61-10: OTHER DEVELOPMENT STANDARDS:
Prescribed By Planning and Environmental Commission: In the H District, development
standards in each of the following categories shall be as proposed by the applicant, as
prescribed by the Planning and Environmental Commission, and as adopted on the approved
development plan:
A. Lot area and site dimensions.
B. Building height.
C. Density control (including gross residential floor area).
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility With Intent: To ensure the unified development, the protection of
the natural environment, the compatibility with the surrounding area and to
assure that development in the Housing District will meet the intent of the District,
a development plan shall be required.
B. Plan Process And Procedures: The proposed development plan shall be in
accordance with Section 12-61-12 of this Article and shall be submitted by the
developer to the Administrator, who shall refer it to the Planning and
Environmental Commission, which shall consider the plan at a regularly
scheduled meeting.
C. Hearing: The public hearing before the Planning and Environmental Commission
shall be held in accordance with Section 12-3-6 of this Title. The Planning and
Environmental Commission may approve the application as submitted, approve
the application with conditions or modifications, or deny the application. The
decision of the Planning and Environmental Commission may be appealed to the
Town Council in accordance with Section 12-3-3 of this Title.
D. Plan As Guide: The approved development plan shall be used as the principal
guide for all development within the Housing District.
E. Amendment Process: Amendments to the approved development plan will be
considered in accordance with the provisions of Section 12-9A-10 of this Title.
F. Design Review Board Approval Required: The development plan and any
subsequent amendments thereto shall require the approval of the Design Review
Board in accordance with the applicable provisions of Chapter 11 of this Title
prior to the commencement of site preparation.
12-61-12: DEVELOPMENT PLAN CONTENTS:
A. Submit With Application: The following information and materials shall be
submitted with an application for a proposed development plan. Certain submittal
requirements may be waived or modified by the Administrator if it is
demonstrated that the material to be waived or modified is not applicable to the
review criteria, or that other practical solutions have been reached.
1. Application form and filing fee.
2. A written statement describing the project including information on the nature
of the development proposed, proposed uses, and phasing plans.
3. A survey stamped by a licensed surveyor indicating existing conditions of the
property to be included in the development plan, including the location of
improvements, existing contours, natural features, existing vegetation,
watercourses, and perimeter property lines of the parcel.
4. A title report, including Schedules A and B4.
5. Plans depicting existing conditions of the parcel (site plan, floor plans,
elevations, etc.), if applicable.
Ordinance No. 19, Series of 2001 -4-
6. A complete zoning analysis of the existing and proposed development
including a square footage analysis of all proposed uses, parking spaces, etc.
7. A site plan at a scale not smaller than one inch equals twenty feet (1" = 20'),
showing the location and dimensions of all existing and proposed buildings
and structures, all principal site development features, vehicular and
pedestrian circulation systems and proposed contours and drainage plans.
8. Building elevations, sections and floor plans at a scale not smaller than one-
eighth inch equals one foot (1/8" = 1'), in sufficient detail to determine floor
area, circulation, location of uses and scale and appearance of the proposed
development.
9. A vicinity plan showing existing and proposed improvements in relation to all
adjacent properties at a scale not smaller than one inch equals fifty feet (1" _
50').
10. Photo overlays and/or other acceptable visual techniques for demonstrating
"the visual impact of the proposed development on public and private property
in the vicinity of the proposed development plan.
11. An architectural or massing model at a scale sufficient to depict the proposed
development in relationship to existing development on the site and on
adjacent parcels.
12. A landscape plan at a scale not smaller than one inch equals twenty feet (1"
= 20'), showing existing landscape features to be retained and removed,
proposed landscaping and other site development features such as
recreation facilities, paths and trails, plazas, walkways and water features.
13. An environmental impact report in accordance with Chapter 12 of this Title
unless waived by Section 12-12-3 of this Title.
14. Any additional information or material as deemed necessary by Administrator.
B. Copies Required; Model: With the exception of the model, four (4) complete
copies of the above information shall be submitted at the time of the application.
When a model is required, it shall be submitted a minimum of two (2) weeks prior
to the first formal review of the Planning and Environmental Commission. At the
discretion of the Administrator, reduced copies in eight and one-half inches by
eleven inches (8 1/2" x 11 format of all of the above information and additional
copies for distribution to the Planning and Environmental Commission, Design
Review Board and Town Council may be required.
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION:
The following criteria shall be used as the principal means for evaluating a proposed
development plan. It shall be the burden of the applicant to demonstrate that the proposed
development plan complies with all applicable design criteria:
A. Building design with respect to architecture, character, scale, massing and
orientation is compatible with the site, adjacent properties and the surrounding
neighborhood.
B. Buildings, improvements, uses and activities are designed and located to
produce a functional development plan responsive to the site, the surrounding
neighborhood and uses, and the community as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to
preserve and enhance the natural features of the site, maximize opportunities for
access and use by the public, provide adequate buffering between the proposed
uses and surrounding properties, and when possible, are integrated with existing
open space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide safe, efficient
and aesthetically pleasing circulation to the site and throughout the development.
E. Environmental impacts resulting from the proposal have been identified in the
project's environmental impact report, if not waived, and all necessary mitigating
measures are implemented as a part of the proposed development plan.
F. Compliance with the Vail Comprehensive Plan and other applicable plans.
Ordinance No. 19, Series of 2001 -5-
Section 3. Title 12, Chapter 2, Section 12-2-2: Definitions, is hereby amended as
follows.
(Text which is to be deleted is indicated as s1riskeR. Text which is to be added is
indicated as bold.)
EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented
for any period less than thirty (30) consecutive days, and shall be occupied Fee#ed to by
at least one person who is an full tima arnplayees employee. €HUs shall ts allowed an
GertainnZE)Re-di6tri3Cc a6-6et4Erth i:i t"is t;t E:. Dayclcp,-icnt standards-far €HL!s shall t8
as pFevided OR a: 13 aF tJiic titla-For the purposes of this definition, a "fume"
employee shall mean a person who works a_w.,nimum of an average of thirty (30) hours
per week or more on a year round basis in Eagle County, Colorado. TheFe sha I "a
five (5) Gaieg Fie ~f Ty-pE I, Ty flE ll, Ty-pc III, Typc IV and Type .1. "r ;s
relatis ca3h type 3f EHI; &;e set forth in ahaptar 13 3f thia
Section 4. Title 12, Chapter 13, Section 12-13-3: General Requirements, is hereby
amended as follows:
(Text which is to be added is indicated as bold.)
12-13-3: General Requirements -Type VI Employee Housing Units:
F. For the purposes of this Title, a Type VI employee housing unit is an
employee housing unit which shall be governed by a written management
plan or other written program approved by the Planning and Environmental
Commission. The management plan is the principal document in guiding
the use of a Type VI employee housing unit. The management plan shall be
reviewed and approved by the Planning and Environmental Commission as
part of the conditional use permit application for a Type VI employee
housing unit in accordance with the provisions of Chapter 16 of this Title.
G. Management Plan - Required Contents
1. The management plan shall contain all relevant material and
information necessary to establish the parameters of the Type VI
employee housing unit.
2. The management plan shall demonstrate that Type VI employee
housing units are exclusively used for and remain available for
employee housing, as defined in this Title.
3. The management plan shall provide a mechanism to provide
adequate notice of record to prospective owners to ensure that the
requirements of the plan shall be met with any future changes in
ownership.
4. The management plan shall include adequate provisions to ensure
that the employee housing units shall be occupied, and shall not
remain vacant for a period to exceed five (5) consecutive months.
5. No later than February 1 of each year, the owner of a Type VI
employee housing unit shall submit 2 copies of a sworn affidavit to
be obtained from the Department of Community Development, to the
Department of Community Development setting forth evidence
establishing that the employee housing unit has been used in
compliance with the management plan.
6. Such other items as the Planning and Environmental Commission or
the Administrator may deem necessary to the proposed
management plan.
7. Amendments: Amendments to an approved management plan shall
be reviewed by the Planning and Environmental Commission in
accordance with this Section.
H. Management Plan - Findings:
Ordinance No. 19, Series of 2001 -6-
1. In addition to the findings in Section 12-16-613 of this Title, the
Planning and Environmental Commission shall make the following
findings before approving the management plan:
a. That the management plan is in accordance with the in
and purposes of Chapter 12-13 and Chapter 12-61 of this Title.
b. That the management plan effectively provides for the
provision of employee housing as defined in Section 12-2-2 of
this Title.
C. That the management plan effectively provides for adequate
notice to prospective owners of the requirements of the
management plan and the occupancy requirements for a
Type VI employee housing unit.
Section 5. Title 12, Chapter 13, Section 12-13-4: Requirements by Employee Hosing
Unit (EHU) Type, is hereby amended as follows:
Ordinance No. 19, Series of 2001 -7-
Section 12-13-4
EHU Zoning Districts Permitted Ownership/Tra I Additional GRFA Additional Site Garage I Parking Minimum/Maximum GRFA Of An EHU Density
By Right Or By Conditional nsference Coverage/Reduced Credit/Storage
Use Landscape Area Reauirement
Type III ermitted Use: The EHU may Per Section 12-15-3 n/a n/a Per Chapter 10 of A. Dwelling Unit Format: Not counted as
ionshead Mixed Use 1 be sold or of this Title, Type III this Title. 300 sq. ft. minimum. density.
ionshead Mixed Use 2 transferred employee housing 1,200 sq. ft. maximum.
-lousing separately. units are excluded B.Dormitory Format:
from the calculation 200 sq. ft. minimum.
onditionaf Use: of GRFA. 500 sq. ft. maximum.
esidential Cluster Dormitory format may consist of several
ow Density Multiple- Family bedrooms sharing common kitchen and
Medium Density Multiple- bathing facilities in a variety of formats or
Family arrangements, in which case may exceed
igh Density Multiple- the 500 sq. ft. maximum.
amily
Public Accommodation
Commercial Corel
Commercial Core2
Commercial Core3
Commercial Service Center
Arterial Business
arking District
eneral Use
ki Base/ Recreation
Type VI Conditional Use: As governed Allowable GRFA Allowable site Requirements Per Chapter 10 of Allowable GRFA shall be determined Allowable density
Housing. by the shall be coverage and shall be this Title or as by the Planning and Environmental shall be
Management determined by the landscape area determined by required by the Commission determined by the
Plan. Planning and shall be the Planning and Planning and Planning and
Environmental determined by the Environmental Environmental Environmental
Shall not be Commission Planning and Commission Commission. Commission
subdivided or Environmental
divided into Commission
any form of
timeshares,
interval
ownership, or
fractional fee.
Ordinance No. 19, Series of 2001 -8-
Section 6. 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 7. 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 8. 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.
Section 9. 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 21 st day of August, 2001 and a public
hearing for second reading of this Ordinance set for the 4th day of September, 2001, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 19, Series of 2001 -9-
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4`h day of
September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 19, Series of 2001 -10-
ORDINANCE NO. 23
SERIES OF 2001
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO THE
BOOTH FALLS HOMEOWNERS ASSOCIATION TO CONSTRUCT A ROCK FALL
MITIGATION WALL ON A PORTION OF PARCEL F, VAIL VILLAGE 12TH FILING
OWNED BY THE TOWN OF VAIL AND, MORE FULLY DESCRIBED AS FOLLOWS:
A parcel of land North of and adjacent to a part of Lot 1, Block 2 Vail Village Twelfth
Filing, County of Eagle, State of Colorado more particularly described as:
Beginning at the Northeast Corner of said Lot 1; thence N8902 4'12"W,42.85 feet to a
point on the Northerly Boundary of said Lot 1, which is the TRUE POINT OF
BEGINNING; thence N000 18'14"E, 150.00 feet; thence N890 24'13"W, 534.12 feet;
thence S000 18'14"W, 150.00 feet to the Northwesterly Corner of said Lot 1; thence
S890 24'13"E, 534.12 feet along the Northerly Boundary of said Lot 1 and along the
East-West Centerline of said Section 2 to the TRUE POINT OF BEGINNING.
WHEREAS, the Town of Vail is the owner of certain property known as a the Portion of
Parcel F, Vail Village 12th Filing.
WHEREAS, this property was acquired by the Town of Vail from the U.S Forrest
Service through a Land Exchange without deed restriction concerning use or transfer;
and
WHEREAS the property located on 3094 Booth Falls Road is located in a severe
rockfall hazard and there has been a history of rockfall damage to that property.
WHEREAS the creation of a rockfall mitigation wall is critical to help protect the safety of
the inhabitants of 3094 Booth Falls Road and to reduce the risk of property damage to
that property
WHEREAS the State of Colorado Geological Survey has provided a letter which
concludes that this wall is "an excellent design" and "will provide rockfall protection for
the Booth Falls Town Homes;
WHEREAS the Town of Vail Design Review Board approved the design on
August 15th, 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF
VAIL, COLORADO that:
1. The Town Council hereby approves an easement on the property for the purpose of
constructing a Rockfall Mitigation Wall.
2. The Town Manager is hereby authorized and directed to execute an easement with
the Booth Falls Homeowners Association to allow the construction of said wall on a
portion of Parcel F, Vail Village 12th Filing.
3. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect 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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extend 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 21st day of August, 2001, at 7:00 p.m. in the Council Chambers
of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Proposed Vail Center Decision Points
After November 2001 Election
December February End of March & Beginning May- End of July 9,
November February April 2002 of May June June 2002 2002 2002
7,2001 2001 2002 2002 2002
Implement Design & cost
other estimates & public Refine design and
No No projects/ discussions cost estimates
actions
Council unci
Counci Council decides direction on ecision to
update determines on project Public Discussions refining Refine Financing Public workshops move forward
market
Yes what uses on the preferred with 2 readin
g
Council Election manager and other on Financing planning Plan plan
analysis should be f an
ordinanc
*rlor'
ursu resources for 2002
lectio
Development of a Refine Business
Option for more public'input Option for more public input Business Plan & Plan
Public Discussion
on that plan
Council asks for Council asks for
public input on public input on
uses
strategic goad
This could take
This could take an additional 1-2
an additional 2-4 months
months
To: Vail Town Council
From: Staff: Russ Forrest
Date: September 4, 2001
Subject Discussion on Vail Center Next Steps
1. PURPOSE
The purpose of the September 4th meeting is to provide an update on the Vail
Center Project. On August 7th the Town Council decided to provide additional
time for Vail Resorts to determine whether they could assist in siting one of the
public uses on their land. In addition, the Council wanted staff to develop a time
frame and a decision tree for moving forward with the Vail Center project after
the November 2001 Council election.
2. INPUT FROM VAIL RESORTS
Vail Resorts has been meeting internally. However, they do not have anything to
report at this time.
3. SUGGESTED NEXT STEPS AFTER NOVEMBER ELECTION
The following is a list of suggested next steps and decisions for the Vail Center.
1. New Council Identifies Goals and Critical Actions: The Town Council will
need to identify a list of strategic priorities. After identifying those priorities,
the Council will need to determine how or if the Vail Center ranks in those
priorities. Also the Council may want to consider inviting the public to provide
input on strategic goals and actions The Vail Center project could be pushed
back 2-4 months if the Town Council would want to pursue additional public
input.
Timing: November/December of 2001 or February/March is a significant
public involvement process is desired.
2. Determine Uses: If the Vail Center is a still a high priority, the Council will
need to determine what uses should be sited where. A major question that
should be answered by the time of the election is whether Vail Resorts is
interested in siting one of the uses on their land. Revisiting the issue of uses
after this point will be costly from both a time and money standpoint. Other
specific questions include:
• Does the market analysis need to be updated if Brekenridge and/or other
communities are moving forward with similar public uses.
Timing: An update could be provided by ERA within 20-40 working days
1
Is additional community input needed on the specific uses?
Timing: If Council concludes that the Vail Center is a priority in early to
mid December then several additional public meetings could be
scheduled in the Christmas and January time frame. With a Council
Decision on the final uses occurring in February.
3. Proiect Manaaer and other Resources: The Council has requested that staff
identify ideas for project managers. The time commitment would be close to
100% for the first 4-6 months of a contract and then could be less after a
viable alternative has been framed. The cost per month of a project manager
could be approximately $16,000. Criteria for a project manger could include:
proven ability to work on complex public projects, strong public involvement
skills, project management experience, development experience, and ability
to commit the necessary time. Staff has a fairly extensive list of potential
candidates that could be reviewed based on input from communities around
the state and recommendations from the community. Staff is assuming the
design team of EDAW, HGA, and Zehren would stay the same. Also does
Council want to engage additional economic analysis support such as Ford
Frick?
Timing: This step can absorb significant time. A selection process for a
project manager could take 2 months. If this process was started in late
December, a project manager could be on board in the late February time
frame. Assuming the existing design team is used, then the team could be
prepared to initiate design work and cost estimates in the month of March.
Given the work that has been done to date on the Charter Bus lot, future
design work should be able to occur quite rapidly.
4. Financial Plan: Community discussions could occur on financing immedeately
after a Council decision on what uses will be included. Council specifically
asked about an additional lodging tax. A 1 % increase in lodging tax (for
example) generates approximately $1.1 million per year which provides
approximately $10,000,000 in bonding capacity. The initial reaction to
financing a conference center with just a lodging tax received a negative
reaction from the lodging community. Their major point was that the rest of
the business community should also contribute to supporting this use.
Timing: This community discussion could begin in March after a decision on
the uses to be pursued has been made.
5. Vail Center operation: Critical questions on who will run the Vail Center and
how the operational costs will be met need to be answered. A business plan
needs to be completed.
Timing: The March and April time frame becomes a critical time for the
design, captial plan and operational plan to come together. Someone that
has done business plans for the final uses under consideration should lead
this effort. This could be the project manager, depending on their
qualifications, or may be a special resource that is needed. At the same time
discussions are occurring on financing, it is suggested that input is also
solicited on the operation of the facility.
2
6. Development of the Final Plans: It is anticipated that in the March and April
time frame that the community reviews at least 1-2 draft iterations of the
design and financial plan. The month of May could be used to refine the
planning and make a presentation on the revised design, financing, and
operational plans in early June.
Timing: Final plans due by the beginning of June with public meetings in late
June of 2002.
7. Final Decision on aursuina a 2002 election: Final decision on plan and
financing by Council: The Council will need to make a final determination on
the physical plan, financing, and operational plan for the Vail Center by the
beginning of July. In August, the. Council would then need to approve two
readings of an ordinance to place a funding question on the November 2002
ballot.
Timing: On July 9t`' 2002.
In summary the critical issues that need to be addressed in a timely way include:
• Determine the new Council's overall priorities.
• Deciding on the major uses and their location.
• Clearly understanding Vail Resorts role.
• Choosing the resources to assist on the project, particularly a project
manager.
• Deciding on the basic design.
• Deciding on a business plan.
• Deciding on a financing plan.
Attached is a flow chart that highlights the critical decisions.
4. ALTERNATIVE APPROACHES CONSIDERED ON AUGUST 7TH
Approach 1: Identify New Land Opportunities:
This approach involves determining if there are any additional land opportunities
that may be viable to support at least one of the three Vail Center uses. Vail
Resorts is currently determining if they have land to locate one of the considered
uses.
Approach 2: Work with the 66,000 square foot Charter Bus Lot and Library:
This approach assumes the Council does not want to pursue other sites and/or
public private partnerships. The first step would be to evaluate the uses
considered on June 19th and determine the two uses to be located on the
Charter Bus Lot and move forward with the additional learning and meeting
space above the Library. A possible location for the third use could be above the
Frontage Road and/or a future cap above 1-70.
3
6. SUMMARY OF COUNCIL DECISIONS TO-DATE:
• On September 21, 1999, November 16, 1999, and on March 14, 2000, the
Town Council affirmed the list of public uses that would be considered further;
primarily a 2nd sheet of ice, a family activity center,
learning/meeting/performing arts facility (convertible floor space which can
convert into either a meeting space, or a performing arts/event venue), and
affordable housing.
• On July 18, 2000, the Town Council eliminated alternative 3 from further
consideration.
• On August 1, 2000, the Town Council directed staff to move forward with a
2001 ballot initiative.
• On August 1, 2000, the Town Council directed staff to:
- Foster the redevelopment and enhancement of existing hotel properties
near the project site.
- Work with VVTCB to encourage existing hotels to commit rooms at a
competitive price for meetings and functions.
- When refining the design for the project site, identify phasing plans that
could allow the expansion of the meeting center and a future hotel in a
phase 2 plan, if the market demonstrated it was necessary to make the
meeting center operate successfully.
- Identify alternative mass transit technologies to move people more
efficiently along the in-town route.
• On August 15, 2000, the Town Council directed the Town Manager to sign a
contract with the White River Institute to assist in the development of a fund-
raising campaign for all the public uses and to also help refine the concept of
a "learning center."
• On May 23, 2000, and on September 5, 2000, the Town Council decided to
stay with the existing design team. The Council did indicate that obtaining a
third party designer to provide a critique of the design and to enrich the
thinking of the design team would be valuable.
• On December 12, 2000, the Town Council indicated their support for the
concept paper.
• On December 19, 2000, the Town Council developed a square footage and
use "wish list."
• On February 7th, 2001, the Town Council reviewed a draft contract with
EDAW and reaffirmed their interest in moving forward with the existing design
team.
• On March 6th, 2001, the Finance Team reviewed the capital and operational
plans with the Town Council.
• On April 17th, 2001, the Town Council gave direction to move forward with a
design contract with EDAW to design the Vail center to include: a 2"d Sheet of
Ice, Skate park, Youth Center, climbing wall, a meeting facility with break-out
space, limited retail to support the facility, a 300-seat theatre, and
approximately 15 units of affordable housing.
• On May 8th, 2001, the Town Council directed staff to evaluate eliminating the
300-seat theatre and to place a theatrical fly on the 20,000 square foot
meeting room.
• On May 22, 2001, the Town Council decided not to have a facilitated
meeting, but rather to vote on each element of the Vail Center program on
4
June 19th
• On June 19th, 2001, the Council passed four motions related to the uses of
the site:
• space for conferences and learning, including a 200-seat auditorium
with stage suitable for community theater and other performances;
• space for recreation, including an ice rink, a climbing wall, an indoor
skate park and a youth center;
• additional space for future expansion of conference and learning
activity that could form a second level on top of the existing Vail Public
Library and that would be funded primarily through private donations;
and
• Reservation of space that could be used in the future, if demand
warranted, to build a performing arts center seating upwards of 1,300,
also to be funded primarily with private donations.
• On July 24th, 2001, Council directed staff to pursue the development of an
alternative "C" and a 2002 election.
• On August 7th, 2001, Council concluded that no additional resources should
be engaged until after the November election. The Council asked for Vail
Resort to clarify their level of participation with in the next month. Also
Council asked for a decision tree for the Vail Center after the November
election.
F:ICDEV\000 NCI LIMEMOS101 \COMFAC904M EMO.DOC
5
Proposed Vail Center Decision Points
After November 2001 Election
End of March & Beginning May End of
November December February June June July 9,
7,2001 2001 2002 2002 February April 2002 of f 2002 May 2002 2002 2002
Implement Design & cost
No other estimates & public
projects/ discussions Refine design and
actions cost estimates
Council unci
<sh unci ecision to
ounce update Council decides direction on Public workshops move forward
rmines s
determines if market on project Public Discussions refining Refine Financing on the preferred
Council Election Yes t. t uses on Financln I with 2 readin
ail Center is analysis uld be manag er and other 9 panning plan fan ordinan 9
rion ? sue resources for 2002
Development of a Refine Business Iectio
Option for more publicinput Option for more public input
Business Plan & Plan
Public Discussion
on that plan
Council asks for Council asks for
public input on public input on
strategic goals uses
This could take
This could take an additional 1-2
an additional 2-4 months
months
ORDINANCE NO. 24
SERIES OF 2001
AN ORDINANCE REPEALING AND RE-ENACTING ORDIANCE NO. 9, SERIES OF 1988 AND
ORDINANCE NO. 17, SERIES OF 1996, PROVIDING FOR THE MAJOR AMENDMENT OF
SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY, TO ALLOW FOR THE CHANGE
IN THE UNDERLYING ZONING OF COMMERCIAL CORE 1 TO COMMERCIAL SERVICE
CENTER; AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING TITLE 12, CHAPTER 7,
ARTICLE E, SECTION 4, TO ADD "PRIVATE CLUB" AS A CONDITIONAL USE IN THE
COMMERCIAL SERVICE CENTER ZONE DISTRICT; AMENDING TITLE 12, CHAPTER 2,
SECTION 2, TO ADD A DEFINITION OF PRIVATE CLUB; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, in 1988, the Vail Town Council adopted Ordinance No. 9, Series of 1988,
establishing Special Development District No. 21, Vail Gateway and, in 1996, the Vail Town
Council adopted Ordinance No. 17, Series of 1996, amending Special Development District No.
21, Vail Gateway; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Mountain Owners, L.P., as owner of the property, and represented by
Timberline Commercial Real Estate, has submitted an application for a major amendment to
Special Development District No. 21, Vail Gateway, a text amendment to the Town code, and a
zoning map amendment; and
WHEREAS, the purpose of this ordinance is provide for a major amendment to Special
Development District No. 21, Vail Gateway, to amend the Approved Development Plans, and to
allow for the change in the underlying zoning from Commercial Core I to Commercial Service
Center, to adopt amendments to Sections 12-7E-4 and 12-2-2 of the Town Code to allow for
private clubs as a conditional use in the Commercial Service Center zone district and to provide a
definition thereto; and
WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the
Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 9, Series of
1988 and Ordinance No. 17, Series of 1996, to provide for such changes in Special Development
District No. 21, Vail Gateway; and
WHEREAS, the revised major amendment to the Special Development District is in the
best interest of the town as it meets the Town's development objectives as identified in the Town
of Vail Comprehensive Plan; and
WHEREAS, the approval of the major amendment to Special Development District No. 21,
Vail Gateway, and the development standards in regard thereto shall not establish precedent or
entitlements elsewhere within the Town of Vail; and
Ordinance No. 24, Series of 2001 08/31/01
1
l
WHEREAS, the Town Council finds that the underlying zoning designation of Commercial
Service Center is compatible with and suitable to adjacent uses, is consistent with the Town's
Land Use Plan and Zoning Regulations, and is appropriate for the area; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application,
zoning map amendment, and text amendments to the Town Code on July 23, 2001; and
WHEREAS, all public notices as required by the Town of Vail Code have been published
and sent to the appropriate parties; and
WHEREAS, the Planning & Environmental Commission has recommended approval of the
major amendment to Special Development District No. 21; has recommended approval of this
zoning map amendment; has recommended approval of the proposed text amendments to
Sections 12-7E-4 (Conditional Uses) and 12-2-2 (Definitions) of the Town, and has submitted its
recommendations to the Town Council; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to approve the major amendment and adopt the revised Approved
Development Plan for Special Development District No. 21, Vail Gateway; to amend to Town of
Vail Official Zoning Map; and to adopt the proposed text amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
. Ordinance No. 9, Series of 1988, and Ordinance No. 17, Series of 1996, are hereby
repealed and reenacted, as follows:
Section 1. Purnosp of the Ordinance
The purpose of Ordinance No. 24, Series of 2001, is to provide for a major amendment to
Special Development District No. 21, Vail Gateway, to allow for a change in the underlying zoning
from Commercial Core I to Commercial Service Center; and to adopt revised Approved Development
Plans for Special Development District No. 21, Vail Gateway; and to adopt amendments to Sections
12-7E-4 and Section 12-2-2 to allow for private clubs as a conditional use in the Commercial Service
Center zone district and to provide a definition thereof.
Section 2. Amendment Procedures Fulfilled, Plennino Commission Renort
The approval procedures described in Section 12-9A-10 of the Vail Municipal Code have
Ordinance No. 24, Series of 2001 08/31/01
2
been fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission for a major amendment to the Approved Development Plan for Special
Development District No. 21, Vail Gateway. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A-10 of the Vail Municipal
Code.
Section 3. Amendina the Underlvina. Zoning of Special Development District No. 21 from
Commercial Core I to Commercial Service Center
The Official Zoning Map of the Town of Vail is hereby amended as follows:
The Vail Gateway, located at the Vail Gateway Building, 12 Vail Road / a portion of Lot N and a
portion of Lot O, Block 5D, Vail Village 1 s' Filing, as indicated in Exhibit A shall be rezoned Special
Development District No. 21 with an underlying zoning of Commercial Service Center District.
Section 4. Special Development District No. 21
The Special Development District and the major amendment to the Approved Development
Plan are established to ensure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 21 is regarded as being complementary to
the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been established since there are significant aspects of the Special Development District that cannot
be satisfied through the imposition of the standard Commercial Service Center zone district
requirements.
The Special Development District is hereby amended to assure comprehensive development
and use of the area in a manner that would be harmonious with the general character of the Town,
provide adequate open space and recreation amenities, and promote the goals, objectives and
policies of the Town of Vail Comprehensive Plan.
Section 5. Development Standards - Special Develooment District No. 21, Vail Gatewav
The Town Council finds that the amended development plan for Special Development
District No. 21 meets each of the standards set forth in Section 12-9A-10 of the Municipal Code of
the Town of Vail. In accordance with Section 12-9A-10, the amended development plan for
Special Development District No. 21 is approved and Special Development District No. 21 is
Ordinance No. 24, Series of 200108/3 1/01
3
hereby approved. The amended approved development plan is comprised with those plans
submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following
documents:
1. Site plan, dated March 28, 1988
2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28,
1996, and revised plans dated (June 7, 2001).
3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28,
1996.
4. Landscape plan dated March 28, 1988
5. Special Development District application and Environmental Impact report as
prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March
9, 1988.
6. Parking Management Plan as prepared by Braun and Associates, Inc., dated
August 13, 2001.
Section 6. ADDroved Develooment Standards
The development standards for Special Development District No. 21 are approved by the
Town Council as part of the approved development plan and as follows:
A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 5 of
this Ordinance and as indicated below:
West: 18 ft. South: 20 ft.
East: 1 ft. North: 15 ft.
B. Building height - Building Height shall be as indicated on the elevations and roof
plan set forth in Section 5 of this Ordinance, and not to exceed 54 ft.
C. Site Coverage - Site coverage shall be as indicated on the site plan set forth in
Section 5 of this Ordinance, and not to exceed 64% or 15, 459 sq. ft.
D. Landscaping - The area of the site to be landscaped shall be as generally indicated
on the preliminary landscape plan set forth in Section 5 of this Ordinance, and not
less than 5.4% or 1,309 sq. ft.
E. Parking - Parking demands of this development shall be in accordance with the
developer's proposal to provide 93 parking spaces and as set forth in Section 5 of
this Ordinance.
F. Density - The density allowed in Special Development District No. 21 shall be 9
Ordinance No. 24, Series of 2001 06/31/01
4
. Y
dwelling units consisting of not more than a total of 17,160 sq. ft. of GRFA.
Section 7. Permitted. Conditional, and Accessorv Uses
The uses of Special Development District No. 21 are uses permitted by right, conditional
uses or accessory uses in the Commercial Service Center zone district. The permitted uses in the
Special Development District shall be the same as those uses permitted in Section 12-7E-3 of the
Commercial Service Center zone district. Conditional uses in the Special Development District
shall be the same as the conditional uses listed in Section 12-7E-4 of the Commercial Service
Center zone district, and accessory uses in the Special Development District shall be the same as
the accessory uses listed in Section 12-7E-5 of the Commercial Service zone district.
Section 8. Approval Aareements for Soerial Develooment District No. 21. Vail Gatewav
1. That the applicant completes each of the items listed below regarding basic
maintenance and improvements prior to the issuance of a T.C.O. for any of the
units (residential or office) within the Gateway:
a. All of the signs for the businesses that are no longer located within
the building shall be removed.
b. The sidewalk on the north side of the building shall be repaired
c. The floodlights on the northwest corner of the building shall be
removed.
d. The stairwell on the east side of the building shall be cleaned and
repaired.
e. The lattice on the east side of the building shall be repaired.
2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to
create a below ground access for loading and delivery to the Gateway from
the Vail Plaza Hotel to resolve potential loading and delivery concerns at the
Gateway. If a coordinated effort can be reached the Developer shall submit
revised plans to the Town of Vail Community Development Department for
review and approval, prior to the issuance of a building permit.
Section 9. Amendment to the Commercial Service Center Zone District
Title 12, Chapter 7, Article E, Section 4, is hereby amended as follows:
(Text that is to be added has been underlined.)
Ordinance No. 24, Series of 2001 08/31/01
5
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Private clubs
Section 10. Amendment to the Defininitions Chanter of the Zonina Reaulations
Title 12, Chapter 2, Section 2, is hereby amended as follows:
(Text that is to be added has been underlined.)
12-2-2: DEFINTIONS:
PRIVATE CLUB: an association of persons and its premises who are bonafide
members oavina dups. use of such premises beina restricted to members
and their auests.
Section 11.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect 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 12.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 13.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
Ordinance No. 24, Series of 2001 08/31/01
6
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL ON FIRST READING this 4th day of September, 2001, and a public hearing for second
reading of this Ordinance set for the 18th day of September, 2001, in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 24, Series of 2001 08/31/01
7
Exhibit A
Cwiteway
Valm
INTERSTATE 70
Subject Property:
12 Vail Road
A portion of Lot N and a portion of Lot 0,
Block 5D, Vail Village 1st Filing
HATEAU AT VAIL ALPINE
STAND GATEWAp Y,
C
13 2 12 J1
VAIL
VILLAGE INN CRC
HOLIDAY LOT 0 5 D
HOUSE 100
1 B
9 I~ M
82
I
44 FIRE 15 EASTN EADOWDR
DEPT 42
SONNENALP TALISMAN SWISS
VILLA 1ST CHALET
CORTIN BANK I 62 on
Ordinance No. 24, Series of 2001
MEMORANDUM
TO: Town Council
FROM: Department of Community Development
DATE: September 4, 2001
SUBJECT: Update and Board/Staff Recommendations on the request for a major
amendment to Special Development District No. 21, a rezoning of the underlying
zoning from Commercial Core I to Commercial Service Center, and text
amendments to Sections 12-7E-4 and 12-2-2, at the Vail Gateway, located at 12
Vail Road / a portion of Lot N and a portion of Lot O, Block 5D, Vail Village 1St
Filing.
Owner: Mountain Owners, L.P.
Applicant: Timberline Commercial Real Estate, represented by Braun
Associates, Inc.
Planner: Allison Ochs
1. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATIONS
A. Rezoning Request from Commercial Core I to Commercial Service Center
The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road, a
portion of Lots O and N, Block 5D, Vail Village 1 St Filing, from Commercial Core 1
(CC1) to Commercial Service Center (CSC). The property, should the rezoning be
approved, would then be zoned Special Development District No. 21 with an
underlying zoning of Commercial Service Center.
At the July 23, 2001, meeting, the Planning and Environmental Commission forwarded
a recommendation of approval of the rezonina of the underivina zonina of Soecial
Development District No. 21 from Commercial Core I to Commercial Service Center to
the Town Council with the following findings:
1. That the proposed zoning of Commercial Service Center is suitable with the
existing land use on the site and adjacent uses.
2. That the amendment presents a convenient workable relationship with land
uses consistent with municipal objectives.
3. That the rezoning provides for the growth of an orderly viable community.
4. That the change is consistent with the Land Use Plan.
B. Request for a Major Amendment to Special Development District No. 21
At the July 23, 2001, meeting the Planning and Environmental Commission
forwarded a recommendation of approval of the maior amendment to Soecial
Development District No. 21 to the Town Council with the following finding:
i
That the proposed amendment to Special Development District No. 21, Vail
Gateway, complies with the nine design criteria outlined in Section 12-9A-8 of the
Town of Vail Municipal Code. The applicant has demonstrated to the satisfaction
of the Commission that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public
benefits provided.
The recommendation of approval included the following conditions:
1. That the applicant completes each of the items listed below regarding
basic maintenance and improvements prior to the issuance of a T.C.O. for
any of the units (residential or office) within the Gateway:
a. All of the signs for the businesses that are no longer located within
the building shall be removed.
b. The sidewalk on the north side of the building shall be repaired
c. The floodlights on the northwest corner of the building shall be
removed.
d. The stairwell on the east side of the building shall be cleaned and
repaired.
e. The lattice on the east side of the building shall be repaired.
2. That the applicant enters into an agreement with the Developer of the Vail
Plaza Hotel East to create a below ground access for loading and delivery
to the Gateway from the Vail Plaza Hotel to resolve loading and delivery
concerns at the Gateway. If a coordinated effort is reached the applicant
shall submit revised plans to the Town of Vail Community Development
Department for review and approval prior to building permit.
3. The PEC recommends to the Town Council that the applicant provide
housing for 1 to 5 employees. The exact number shall be determined by
the Town Council.
4. That the applicant submits an application to the Department of Community
Development prior to second reading of an ordinance for a Conditional
Use Permit to create housing for 1 to 5 employees, should the Town
Council require employee housing. The housing shall be located within
the Town of Vail.
C. Text Amendments
The applicant is requesting text amendments to Section 12-7E-4 to allow for private
clubs as a conditional use in the Commercial Service Center zone district. In
addition, a definition of private club is proposed to Section 12-2-2 of the Town Code.
The proposed definition is as follows:
PRIVATE CLUB: an association of persons and its premises who are bonafide
members paying dues, use of such premises being restricted to members and
their guests.
At the July 23, 2001, meeting, the Planning and Environmental Commission voted to
forward a recommendation of approval of the proposed text amendments with the
following findings:
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1. That the proposed amendments are consistent with the development
objectives of the Town of Vail as stated in the Vail Land Use Plan.
2. That the proposal is consistent and compatible with existing and potential
uses within Vail and generally in keeping with the character of the Town of
Vail.
D. Other Planning and Environmental Commission Actions
The Planning and Environmental Commission also voted to approve the conditional
use permits for the multiple-family dwelling units and the proposed private parking
club on July 23, 2001, subject to the adoption of Ordinance No. 24, Series of 2001 by
the Town Council. The Planning and Environmental Commission is the final
reviewing board on these issues. On August 13, 2001, the Planning and
Environmental Commission voted to approve the parking management plan for the
Vail Gateway, subject to the following condition:
That a staff report regarding the parking situation is transmitted to the PEC within
one year or when the office space is leased at 75% of capacity.
II. STAFF RECOMMENDATION
The Department of Community Development recommends the Vail Town Council
approve (via Ordinance No. 24, Series of 2001) the applicant's request for a major
amendment to Special Development District No. 21, the text amendment to Section 12-
7E-4 and 12-2-2 to allow for the addition of private club as a conditional use in the
Commercial Service Center zone district and the addition of a definition thereof, and the
request for a rezoning to amend the underlying zoning of the Vail Gateway from
Commercial Core I to Commercial Service Center, subject to the following findings:
1. That the proposed amendment to the special development district complies with
the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. The
applicant has demonstrated that any adverse effects of the requested deviations
from the development standards of the underlying zoning are outweighed by the
public benefits provided.
2. That the proposed amendments are consistent with the development objectives
of the Town of Vail as stated in the Vail Land Use Plan.
3. That the proposal is consistent and compatible with existing and potential uses
within Vail and generally in keeping with the character of the Town of Vail.
4. That the proposed zoning of Commercial Service Center is suitable with the existing
land use on the site and adjacent uses.
5. That the amendment presents a convenient workable relationship with land uses
consistent with municipal objectives.
6. That the rezoning provides for the growth of an orderly viable community.
That the change is consistent with the Land Use Plan.
3
Staff's recommendation of approval of includes the following conditions:
1. That the applicant completes each of the items listed below regarding basic
maintenance and improvements prior to the issuance of a T.C.O. for any of the units
(residential or office) within the Gateway:
• All of the signs for the businesses that are no longer located within the
building shall be removed.
• The sidewalk on the north side of the building shall be repaired
• The floodlights on the northwest corner of the building shall be removed.
• The stairwell on the east side of the building shall be cleaned and repaired.
• The lattice on the east side of the building shall be repaired.
2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to
create a below ground access for loading and delivery to the Gateway from the
Vail Plaza Hotel to resolve potential loading and delivery concerns at the
Gateway. If a coordinated effort can be reached the Developer shall submit
revised plans to the Town of Vail Community Development Department for review
and approval, prior to the issuance of a building permit.
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: July 23, 2001
SUBJECT: A request for a rezoning from Commercial Core I to Commercial Service
Center, a major amendment to Special Development District No. 21, a
text amendment to Section 12-7E-4 of the Vail Town Code, to allow for
private clubs as a conditional use in the Commercial Service Center zone
district, a conditional use permit for a private parking club in the
Commercial Service Center zone district, and a conditional use permit to
allow for residential dwelling units in the Commercial Service Center zone
district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail
Village 1" Filing.
Owner: Mountain Owners, L.P.
Applicant: Timberline Commercial Real Estate, represented by Braun
Associates, Inc.
Planner: Allison Ochs
1. INTRODUCTION TO THE REQUEST
The applicant, Mountain Owners, L.P., has submitted an application to the
Department of Community Development for the Vail Gateway, located at 12 Vail
Road. The proposal consists of three major elements:
1. Allowing office uses and other commercial uses on. the first level of the
building,
2. Adding two residential dwelling units and 4,345 sq. ft. of GRFA, and
3. Allowing a private parking club within the building.
These three elements of the proposal require the following processes:
1. A rezoning of the underlying zoning of Commercial Core I to Commercial
Service Center. This is discussed in Section V of this memorandum.
2. A major amendment to Special Development District No. 21, to allow for
the changes in development standards as prescribed by the special
development district. This is discussed in Section VI of this
memorandum.
3. A text amendment to Commercial Service Center to allow for a private
club as a conditional use. This is discussed in Section VIII of this
memorandum.
1
4. A conditional use permit for a private club. The private club proposed is a
private parking club, which would allow parking on the site to be available
for private use. This is discussed in Section VII of this memorandum.
5. A conditional use permit to allow for residential dwelling units in the
Commercial Service Center zone district. Multiple-family dwellings are a
conditional use in the Commercial Service Center zone district. This is
discussed in Section VII of this memorandum.
The Planning and Environmental Commission will be making a recommendation
to the Town Council on the rezoning, the major amendment to Special
Development District No. 21, and the text amendment to the Commercial Service
Center zone district. The Planning and Environmental Commission is the final
review board for the conditional use permits.
The applicant has identified the following public benefits associated with this
application:
1. The proposed application provides for a mix of office and residential
uses that are consistent with the goals and objectives of the Town of
Vail and the Vail Village Master Plan and which are currently not
allowed on the property. The proposal brings the property into
conformance with the Vail Village Master Plan.
2. The Town of Vail has had the long held goal of bringing employees
back to the Town by increasing the supply of office space within the
Town. This application implements this long held goal.
3. The proposal will improve the sales tax generated for the Town of Vail
by bringing clients and employees into the Town of Vail who will. in
turn spend dollars in retail shops and restaurants whereas today no
sales tax is generated by a vacant building.
4. The proposal will inject life and activity into an empty building in a
landmark setting within the Town and eliminate the perception of
economic instability in the Town.
5. The proposed application provides for uses within the building that will
improve the economic stability of the property and prevent an
economically distressed property from becoming a physical and .
financial burden on the Town of Vail and the property owner.
II. STAFF RECOMMENDATION
Staff is recommending approval of the rezoning from Commercial Core I to
Commercial Service Center, a major amendment to Special Development District
No. 21, a text amendment to Section 12-7E-4 of the Vail Town Code, to allow for
private clubs as a conditional use in the Commercial Service Center zone district,
a conditional use permit for a private parking club in the Commercial Service
Center zone district, and a conditional use permit to allow for residential dwelling
units in the Commercial Service Center zone district, located at 12 Vail Road /
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portions of lots O and N, Block 5D, Vail Village 1..s1 Filing, subject to the findings
and criteria as outlined in this staff memorandum. The specific findings and
conditions associated with each application are listed below:
Rezoning from CC1 to CSC
Staff is recommending that the Planning and Environmental Commission forward
a recommendation of approval of the rezonina from Commercial Core I to
Commercial Service Center to the Town Council subject to the following findings:
1. That the proposed zoning of Commercial Service Center is
suitable with the existing land use on the site and adjacent uses.
2. That the amendment presents a convenient workable relationship
with land uses consistent with municipal objectives.
3. That the rezoning provides for the growth of an orderly viable
community.
4. That the change is consistent with the Land Use Plan.
Major amendment to SDD #21
Staff is recommending that the Planning and Environmental Commission forward
a recommendation of approval of the maior amendment to Special Development
District No. 21 to the Town Council, subject to the following findings:
1. That the proposed amendment to Special Development District
No. 21, Vail Gateway, complies with the nine design criteria
outlined in Section 12-9A-8 of the Town of Vail Municipal Code.
The applicant has demonstrated to the satisfaction of the
Commission that any adverse effects of the requested deviations
from the development standards of the underlying zoning are
outweighed by the public benefits provided.
Should the Planning and Environmental Commission choose to recommend
approval of the proposed amendment to SDD #21, staff recommends the
following conditions:
1. That the applicant completes each of the items listed below
regarding basic maintenance and improvements prior to the
issuance of a T.C.O. for any of the units (residential or office)
within the Gateway:
a. All of the signs for the businesses that are no longer
located within the building shall be removed.
b. The sidewalk on the north side of the building shall be
repaired
c. The floodlights on the northwest corner of the building shall
be removed.
d. The stairwell on the east side of the building shall be
cleaned and repaired.
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e. The lattice on the east side of the building shall be
repaired.
2. That the applicant enters into an agreement with the Developer of
the Vail Plaza Hotel East to create a below ground access for
loading and delivery to the Gateway from the Vail Plaza Hotel to
resolve loading and delivery concerns at the Gateway. Once a
coordinated effort is reached the applicant shall submit revised
plans to the Town of Vail Community Development Department for
review and approval. Should the developer of the Vail Plaza Hotel
East not pull a building permit, this condition is eliminated. (Refer
to Ordinance No. 4, Series of 2000, for the requirements for the
Vail Plaza Hotel East)
3. That the applicant submits an application to the Department of
Community Development prior to second reading of an ordinance
for a Conditional Use Permit to create housing for a minimum of 8
employees should the required housing be provided on-site.
Conditional Use Permit - Multiple-family dwelling units
Staff is recommending approval of the conditional use permit to allow for a total
of 9 multiple-familv dwellinas at the Vail Gateway, subject to the following
findings:
1. That the proposed location of the use is in accordance with the
purposes of the conditional use permit section of the zoning code
and the purposes of the district in which the site is located.
2. That the proposed location of the use and the conditions under
which it would be operated or maintained would not be detrimental
to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
3. That the proposed use would comply with each of the applicable
provisions of the conditional use permit section of the zoning
code.
Conditional Use Permit-Private Club
Staff is recommending approval of the conditional use permit to allow for a
private club at the Vail Gatewav, subject to the following findings:
1. That the proposed location of the use is in accordance.with the
purposes of the conditional use permit section of the zoning code
and the purposes of the district in which the site is located.
2. That the proposed location of the use and the conditions under
which it would be operated or maintained would not be detrimental
to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
4
3. That the proposed use would comply with each of the applicable
provisions of the conditional use permit section of the zoning
code.
The recommendation of approval is subject to the following conditions:
1. Prior to first reading of the amending ordinance, that the applicant
provides a parking plan which identifies the use and type of
ownership of each individual parking space. This information will
be kept on file with the Department of Community Development.
Each space must be signed on the site accordingly.
2. That the approval of the conditional use permit for the private
parking club is subject to the approval of the text amendments by
the Town Council as outlined in Section Vill of the staff
memorandum.
3. That no more than 39 of parking spaces shall be used as part of
the private club.
Text Amendments
Staff is recommending that the Planning and Environmental Commission forward
a recommendation of approval of the text amendments of the Vail Town Code to
the Town Council, subject to the following findings:
1. That the . proposed amendments are consistent with the
development objectives of the Town of Vail as stated in the Vail
Land Use Plan.
2. That the proposal is consistent and compatible with existing and
potential uses within Vail and generally in keeping with the
character of the Town of Vail.
III. BACKGROUND AND HISTORY OF THE GATEWAY
The Vail Gateway was originally the site of the Amoco Station, previously zoned
Heavy Service (HS). In 1988, an application was received to rezone the property
from HS to CC1 and approve a Special Development District to facilitate the
development of a mixed-use project which included retail, restaurant,
commercial, office, and residential uses. Special Development District No.21
(Vail Gateway) was approved by Ordinance No. 9 in 1988. The expressed
purpose of adopting SDD #21 was to allow for the rezoning of the property from
HS to CC1. CC1 zoning and SDD #21 were adopted to allow for a mix of uses
on the property and to allow the development to exceed building height, as
otherwise prescribed in the CC1 zone district. Public benefits realized through
the adoption of Ordinance No. 9 include, among other things, a pedestrian
walkway on the north and west sides of the property, and substantial landscape
improvements to the Vail Road and South Frontage Road intersection. The
following briefly outlines the Vail Gateway's development history:
5
Januarv 3. 1988 - An application is submitted to the Town of Vail Community
Development Department on behalf of Mr. Leo Palmer proposing the
establishment of SDD #21. The establishment of the District would-require a
rezoning of the property from HS (gas station) to.CC1.
Februarv 22. 1988 - The Planning & Environmental Commission held a public
hearing to discuss the SDD proposal and the rezoning. In their memorandum to
the Commission staff expressed a concern with the proposed bulk and mass of
the building and its effects on views to Vail Mountain.
The staff further expresses to the Commission that according to the initial work
done by Eldon Beck on building heights for the gas station, "The Eldon Beck
study does show that building heights for the development of this parcel of land
should reach one to two stories." The applicant was requesting a maximum
building height of 62 feet.
March 9. 1988 - Jeff Winston, the Town's Urban Design Consultant, addresses
the Commission. In his presentation, Jeff offered a brief history on the.
development of the view corridor for the Vail Village Inn area.
The following is the staff recommendation on the request to establish SDD #21:
Staff generally supports the mixed use concept proposed in - this
redevelopment plan and the concept of the rezoning to CC1. Although it
may be considered spot zoning, we feel that the uses are compatible with
the adjacent Vail Village Inn Special development District and are
appropriate for this location within the community. However," we are not
supportive of the uses proposed without the left turn lane and elimination
of the surface parking as well as adequate parking provisions. We feel
that the general concept of development proposed by the applicant is
appropriate and believe that there is an opportunity here to provide an
exciting and aesthetically pleasing entrance into Vail.
The Community Development Department staff had, however, major concerns
with the project as proposed. Staff felt the issues of bulk and mass, height,
setbacks, view corridor encroachment and parking were all important issues that
must be addressed. The staff recommendation for this project was for the
Planning Commission to table and allow the staff and the applicant to work
together to try to resolve some of these issues. Staff believed that with adequate
resolution of the aforementioned. issues, staff could support this project.
However, as presented, staff believed there were major issues that needed to be
addressed and could not support this project as presented. Although many of
the uses of the Heavy Service District would certainly not be acceptable in this
location, staff felt that the existing service station was appropriate to this location.
Staff believed that SDD #21 as proposed, presented impacts that were not
acceptable. If the applicant wished to move forward with this project as
proposed, staff recommendation was for denial.
The Commissioners voted 3-4 against a recommendation of approval to the
Town Council. The dissenting votes were Hopkins, Schultz, Donovan and
Osterfoss.
6
t
Aoril 5. 1988 - The Vail Town Council approved Ordinance No. 9, Series of
1988, An Ordinance Rezoning Lot N And A Portion Of Lot O, Block 5D, Vail
Village First Filing From Heavy Service District To Commercial Core I An
Establishing Special Development District No. 21. In part, the ordinance allowed
a maximum height of 54 feet for the Vail Gateway Plaza building and the further
encroachment of a building into the view of Vail Mountain from the four-way
intersection.
July 29. 1996 - An application is submitted to the Town of Vail Community
Development Department, on behalf of Charles R. Lipcon, proposing a major
amendment to SDD #21. The purpose of the amendment is to enclose an
existing deck (460 sq. ft.) on the east side of the upper level of Condominium
Unit No. 5.
Auaust 26. 1996 - The Planning & Environmental Commission held a public
hearing to evaluate the major amendment request.
The Building Height Plan shows the Gateway Building at 5 stories, and indicates
that it does not conform to the plan (story height at 9 feet). The elevation of the
existing ridge was 54 feet above grade along the south elevation. The applicant
wished to extend this ridge line approximately 28 feet to the east. This raised the
height of the building in the notch area. Staff believed that the additional height
was not detrimental given the mass, bulk and height of the entire building.
Following discussion of the request, the Planning & Environmental Commission
voted unanimously (7-0) to recommend approval of the major amendment
request to the Vail Town Council.
October 1. 1996 - The Vail Town Council adopted Ordinance No. 17, Series of
1996, An Ordinance Providing For The Major Amendment Of Special
Development District No. 21, Vail Gateway, Amending An Approved
Development Plan For Special Development District No. 21 In Accordance With
Chapter 18.40 Of The Vail Municipal Code. In adopting the ordinance, the
Council found, in part, that it:
Meets the Design Standards as set forth in Section 18.40 of the
Municipal Code... and that the major SDD amendment request is in
compliance with the goals and objectives of the Vail Comprehensive Plan,
as well as the purpose section of the SDD Overlay Zone District.
IV. ZONING ANALYSIS
Please refer to the attached analysis.
V. REZONING REQUEST-CRITERIA FOR EVALUATION
The applicant is requesting a rezoning the Vail Gateway, located at 12 Vail Road,
a portion of Lots O and N, Block 5D, Vail Village 1" Filing, from Commercial Core
1 (CC1) to Commercial Service Center (CSC). The property, should the rezoning
be approved, would then be zoned SDD #21 with an underlying zoning of CSC.
7
The criteria for a rezoning are described in Chapter 12-3-7 of the Town Code and
discussed in detail below:
A. Is the existing zoning suitable with the existing land use on the site
and adjacent land uses?
The Gateway is currently zoned SDD #21, with an underlying zoning of
CC1. Ordinance No. 9, Series of 1988, approved the special
development district, rezoning the property from Heavy Service (HS) to
CC1, and setting forth the development standards for the property. With
the underlying zoning of CC1, the uses of the property are limited by
horizontal zoning. The only deviation from the current underlying zoning
is from the height requirement.
The purpose of the CC1 zone district is:
The Commercial Core 1 District is intended to provide sites and to
maintain the unique character of the Vail Village commercial area,
with its mixture of lodges and commercial establishments in a
predominantly pedestrian environment. The Commercial Core 1
District is intended to ensure adequate light, air, open space, and
other amenities appropriate. to the permitted types of buildings and
uses. The District regulations in accordance with the Vail Village
Urban Design Guide Plan and Design Considerations prescribe
site development standards that are intended to ensure the
maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public
greenways, and to ensure continuation of the building scale and
architectural qualities that distinguish the Village.
The applicant has requested a rezoning of the underlying zoning from
CC1 to CSC. The deviations from the CSC zone district include: GRFA,
setbacks, landscape area, and building height. The purpose of the CSC
zone district is:
The Commercial Service Center District is intended to provide
sites for general shopping and commercial facilities serving the
Town, together with limited multiple-family dwelling and lodge
uses as may be appropriate without interfering with the basic
commercial functions of the District. The Commercial Service
Center District is intended to ensure adequate light, air, open
space, and other amenities appropriate to permitted types of
buildings and uses, and to maintain a convenient shopping center
environment for permitted commercial uses.
There are two properties currently zoned CSC: Crossroads and the
Weststar Bank Building (SDD #23 with underlying zoning of CSC). CSC
differs from CC1 primarily in that it does not vary the allowable and
conditional uses in a building by story. In addition, CSC has different
development standards than CC1.
8
Staff believes that the CSC zone district is compatible with the existing
and proposed uses on the site and with adjacent land uses. Adjacent
properties include the proposed Vail Plaza Hotel East (Special
Development District with underlying zoning of Public Accommodation),
the proposed Vail Plaza Hotel West (Special Development District with
underlying zoning of Public Accommodation), and the Alpine Standard
Station (Heavy Service).
CSC allows for similar uses to the CC1 zone district, but does not have
the same horizontal zoning requirements. The CSC zone district has
been attached for reference. Staff does not believe that the uses allowed
by CSC will have any detrimental effects on adjacent uses. However, the
development standards prescribed by the CSC zone district tend to be
more stringent that those of CC1. As a result, the deviations required
from the underlying zoning will be greater. The deviations are discussed
more fully in Section VI of this memorandum.
Staff believes that due to its distance from the Village Core, CC1 is not
appropriate for this site. With the designation of "Mixed Use" in the Vail
Village Master Plan, staff believes that CSC is more appropriate for the
Vail Gateway.
B. Is the amendment presenting a convenient workable relationship
with land uses consistent with municipal objectives?
Staff believes that the change from CC1 to CSC presents a convenient
workable relationship consistent with municipal objectives. The change in
zoning allows for similar uses to what is allowed with CC1, but allows
greater flexibility in the location of these uses. In addition, the allowable
density of the property is reduced from 13 units to 9 units, the allowable
GRFA is reduced from 80% to 40%, site coverage is reduced from 80% to
75%, landscape area is increased from no requirement to 20%, and the
required lot area is increased from 5,000 sq. ft. to 20,000 sq. ft. Staff
believes it is necessary to state that the change from CC1 to CSC does
result in a structure that does not conform to the development standards
as prescribed by CSC zoning. However, an amendment to the SDD
allows for devaitions from the development standards provided that the
public benefits of the proposal outweigh any adverse effects of the
proposed deviations. This process is described in Section VI of this
memorandum.
C. Does the rezoning provide for the growth of an orderly viable
community?
Because CSC does not include horizontal zoning, but allows for many of
the same uses as CC1, staff believes that CSC will provide for the growth
of an orderly, viable community. The lack of tenants in the Vail Gateway
indicates that the uses allowed under CC1 are not viable in this location.
Staff believes that the uses proposed with CSC zoning will be more
viable. However, because the uses of the building have gone from retail
9
I
and restaurant uses to office uses, there will be a loss of potential sales
tax revenue. CSC does allow the flexibility for these uses to return.
D. Is the change consistent with the Land Use Plan?
The Vail Land Use Plan identifies the Vail Gateway as part of the Vail
Village Master Plan, which is discussed in detail below. Staff has
identified the following goals and objectives from the Vail Land Use Plan
which staff believes are applicable to this proposal:
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).
2.2 The ski area owner, the business community and the Town
leaders should work together closely to make existing
facilities and the Town function more efficiently.
2.8 Day skiers need for parking and access should be
accommodated through creative solutions such as:
a) Increased busing from out of town.
b) Expanded points of access to the mountain by
adding additional base portals.
c) Continuing to provide temporary surface parking.
d) Addition of structured parking.
3.4 Commercial growth should be concentrated in existing
commercial areas to accommodate both local and visitor
needs.
3.5 Entertainment oriented business and cultural activities
should be encouraged in the core areas to create diversity.
More nighttime businesses, on-going events and
sanctioned "street happenings" should be encouraged.
4.1 Future commercial development should continue to occur
primarily in existing commercial areas. Future commercial
development in the Core areas needs to be carefully
controlled to facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long
as the existing character of each area is preserved
thorough implementation of the Urban Design Guide Plan.
10
4.3 The ambiance of Vail Village is important to the identity of
Vail and should be preserved. (scale, alpine character,
small town feeling, mountains, natural setting, intimate
size, cosmopolitan feeling, environmental quality.)
4.4 The connection between the Village Core and Lionshead
should be enhanced through:
a) Installation of a new type of people mover.
b) Improving the pedestrian system with a creatively
designed connection, oriented toward a nature
walk, alpine garden, and/or sculpture plaza.
c) New development should be controlled to limit
commercial uses.
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 marketplace
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 Vail Village Master Plan identifies the property as "Mixed Use". The
Vail Village Master Plan defines "mixed use" as
This category includes the "historic" Village core and properties
near the pedestrianized streets of the Village. Lodging, retail, and
a limited amount of office use are found in this category. With
nearly 270,000 sq. ft. of retail space and approximately 320
residential units, the mixed use character of these areas is a major
factor in the appeal of the Vail Village.
Specifically regarding the Gateway property, the Vail Village Master Plan,
in part, states: "If existing approval expires this site should be studied to
determine best use."
Staff has identified the following goals and objectives from the Vail Village
Master Plan which effect this proposal:
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Goal #1- Encourage high quality redevelopment while preserving
the unique architectural scale of the Village in order to
sustain its sense of community and identity.
1.2.1 Objective: Encourage the upgrading and
redevelopment of residential and commercial
facilities.
Goal #2 - To foster a strong tourist industry and promote year-
around economic health and viabilty for the Village and for
the community as a whole.
2.1 Objective Recognize the variety of land uses
found in the 10 sub-areas throughout the Village
and allow for development that is compatible with
these established land use patterns.
2.4 Objective: Encourage the development of a
variety of new commercial activity where
compatible with existing land uses.
2.5 Objective: Encourage the continued upgrading,
renovation, and maintenance of existing lodging
and commercial facilities to better serve the needs
of our guests.
2.6 Objective: Encourage the development of
affordable housing units through the efforts of the
private sector.
Goal #5 - Increase and improve the capacity, efficiency, and
aesthetics of the transportation and circulation system
throughout the Village.
5.1 Objective: Meet parking demands with public
and private parking facilities.
5.1.3 Policy: Seek locations for additional
structured public and private parking.
Staff believes that the rezoning from CC1 to CSC is consistent with the
goals and objectives of the Vail Land Use Plan and the Vail Village
Master Plan.
VI. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS
The applicant is also requesting a major amendment to SDD #21. The only
deviation from underlying zoning when the.Gateway was originally approved with
CC1 as the underlying zone district was from the height restrictions. The public
benefit identified for the SDD was a pedestrian walkway on the north and west
sides of the property. At the time, no employee housing units were required
12
With the major amendment to the SDD, no exterior changes are proposed. The
addition of GRFA and the change in the underlying zoning from CC-1 to CSC
require a major amendment to the SDD. It is important to note that with the
change from CC1 to CSC, the deviations from the underlying zone district of
CSC are greater than those from CC1. Specifically, the deviations are for GRFA,
setbacks, building height, and landscape area. According to Section 12-9A-9 of
the Zoning Regulations:
Development standards including lot area, site dimensions, setbacks,
height, density control, site coverage, landscaping and parking shall be
determined by the Town Council as part of the approved development
plan with consideration of the recommendations of the Planning and
Environmental Commission. Before . the Town Council approves
development standards that deviate from the underlying zone district, it
should be determined that such deviation provides benefits to the Town
that outweigh the adverse effects of such deviation. This determination is
to be made based on evaluation of the proposed special development
district's compliance with the design criteria outlined in Section 12-9A-8 of
this Article.
Chapter 12-9 of the Town of Vail Municipal Code provides for the amendment of
existing Special Development Districts in the Town of Vail.. According to Section
12-9A-1, the purpose of a Special Development District is,
To encourage flexibility and creativity in the development of land, in order
to promote its most appropriate use; to improve the design character and
quality of the new development within the Town; to facilitate the adequate
and economical provision of streets and utilities; to preserve the natural
and scenic features of open space areas; and to further the overall goals
of the community as stated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with
the properties underlying zone district, shall establish the requirements for
guiding. development and uses of property included in the Special
Development District.
According to Section 12-9A-2, a major amendment to a Special Development
District is defined as,
Any proposal to change uses; increase gross residential floor area;
change the number of dwelling or accommodation units; modify, enlarge
or expand any approved special development district (other than "minor
amendments" as defined in this Section), except as provided under
Sections 12-15-4, "Interior, Conversions", or 12-15-5, "Gross Residential
Floor Area (250 Ordinance)" of this Title.
The Municipal Code provides a framework for the amendment of an established
Special Development District. According to the Municipal Code, prior to site
preparation, building construction, or other improvements to land within a Special
Development District, there shall be an approved development plan for the
Special Development District. The approved development plan establishes
13
requirements regulating development, uses and activity within the Special
Development District.
Upon final review of a proposed major amendment of an existing Special
Development District, a report from the Planning and Environmental Commission
stating its findings and recommendations and a staff report shall be forwarded to
the Town Council, in accordance with the provisions listed in Section 12-16-6 of
the Municipal Code. The Town Council's consideration of the Special
Development District shall be in accordance with the provisions of the Municipal
Code and approved•by two readings of an ordinance.
An approved development plan is the principal document in guiding the
development, uses and activities of the Special Development District. The
development plan shall contain all relevant material and information necessary to
establish the parameters with which the Special Development District shall
adhere. The development plan may consist of, but not be limited to, the
approved site plan, floor plans, building sections and elevations, vicinity plan,
parking plan, preliminary open space/landscape plan, densities and permitted,
conditional and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by
the Planning and Environmental Commission and Town Council as part of the
formal review of the proposed development plan. Unless further restricted
through the review of the proposed Special Development District, permitted,
conditional and accessory uses shall be limited to those permitted, conditional
and accessory uses in the property's underlying zone district.
The Municipal Code provides nine design criteria, which shall be used as the
principal criteria in evaluating the merits of the proposed major amendment to a
Special Development District. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply
with each of the following standards, or demonstrate that one or more of them is
not applicable, or that a practical solution consistent with the public interest has
been achieved. The staff has addressed each of the nine SDD review criteria
below:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character,
visual integrity and orientation.
No changes are proposed to the exterior of the building. Therefore, staff
does not believe that this criterion applies to this major amendment to the
SDD. However, there are some general maintenance concerns that staff
has identified and believe should be conditions of approval:
1. All of the signs for the businesses that are no longer located within
the building shall be removed.
2. The sidewalk on the north side of the building shall be repaired
3. The flood lights on the northwest corner of the building shall be
removed.
14
4. The stairwell on the east side of the building shall be cleaned and
repaired.
5. The lattice on the east side of the building shall be repaired.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
The proposal to redevelop the Vail Gateway include the conversion of
existing retail and restaurant space into office space, the addition of two
dwelling units, and the addition of a private parking club. The density
allowed by CSC zoning is 18 dwelling units per acre, or 9 dwelling units
allowed on this site. The applicant is proposing 9 dwelling units, which is
equal to 16.2 dwelling units per acre. Staff believes that these uses are
compatible with the surrounding uses, which include the Vail Plaza Hotel
East (proposed), the Vail Plaza Hotel West (proposed), and the Alpine
Standard. The Vail Plaza Hotel East is proposed at 12.7 dwelling units
per acre. The Vail Plaza Hotel West is proposed at 6.47 dwelling units
per acre. Currently, the HS zoning of the Alpine Standard does not allow
any residential uses on the site. The conditional use permits required for
the dwelling units and private parking club are discussed in Section VII of
this memorandum.
Emplovee Housina Reauirements
As indicated in a number of the goals and objectives of the Town's Master
Plans, providing affordable housing for employees is a critical issue which
should be addressed through the planning process for Special
Development District proposals. In reviewing the proposal for employee
housing needs, staff relied on the Town of Vail Employee Housing
Report. This report has been used by the staff in the past to evaluate
employee housing needs. The guidelines contained within the report
were used most recently in the review of the Vail Plaza Hotel West
development proposal.
The Employee Housing Report; was prepared for the Town by the
consulting firm Rosall, Remmen and Cares. The report provides the
recommended ranges of employee housing units needed based on the
type of use and the amount of floor area dedicated to each use.
The figures identified in the Housing Report are based on surveys of
commercial-use employment needs of the Town of Vail and other
mountain resort communities. For comparison purposes, Telluride,
Aspen and Whistler B.C. all have "employment generation" ordinances
requiring developers to provide affordable housing for a percentage of the
"new" employees resulting from commercial development. "New"
employees are defined as the incremental increase in employment needs
resulting from commercial redevelopment. • Each of the communities
assesses a different percentage of affordable housing a developer must
provide for the "new" employees. For example, Telluride requires
developers to provide housing for 40% (0.40) of the "new" employees,
Aspen requires that 60% (0.60) of the "new" employees are provided
15
housing and Whistler requires that 100% (1.00) of the "new" employees
be provided housing by the developer. In comparison, Vail has
conservatively determined that developers shall provide housing for 15%
(0.15) or 30% (0.30) of the "new" employees resulting from commercial
development. When a project is proposed to exceed the density allowed
by the underlying zone district, the 30% (0.30) figure is used in the
calculation. If a project is proposed at, or below, the density allowed by
the underlying zone district, the 15% (0.15) figure is used. This special
development district major amendment proposal exceeds the density
(GRFA is considered a measure of density) permitted by the underlying
zone district, and therefore, the 30% figure shall be used. However, for
the existing development which did not exceed density, the 15% figure is
used.
EMPLOYEE HOUSING GENERATION ANALYSIS
When SDD #21 was originally approved, no employee housing units were
required. The applicant is proposing no employee housing units in
conjunction with this major SDD amendment. Staff believes that there is
a defined town objective addressing the public need for employee
housing. Recent SDDs and SDD major amendments have required
EHUs, including, but not limited to:
SDD #35 - Austria Haus: 7 EHUs
SDD #31 - Golden Peak House: 2 EHUs
SDD # 7 - Marriott Mark: 6 EHUs
SDD #30 - VAC: 5 EHUs
SDD #36 - Vail Plaza Hotel West: 14 EHUs
The staff analysis below indicates the top, the middle and the bottom of
the ranges recommended by the Town of Vail Employee Housing Report,
as well as a staff recommended figure which was used in determining the
employee housing needs of the Vail Gateway. Staff is providing the
Employee Housing Generation Analysis for the existing development and
the proposed changes:
Existing Development - Bottom of Range Calculations:
a) Retail/Service Commercial =6,904 sq. ft. @(5/1000 sq. ft.) _
34.52 employees
b) Multi Family (Club Units) =7 units @(.4/unit) _
2.8 employees
c) Bar/Restaurant =9,444 sq. ft. @ (5/1000 sq. ft.) _
47.22 employees
Total Employees 84.54 = employees
(X 0.15 multiplier) 12.7 = new employees
Existing Development - Middle of Range Calculations:
16
a) Retail/Service Commercial =6,904 sq. ft. @(6.5/1000 sq. ft.) _
44.88 employees
b) Multi Family (Club Units) =7 units @(.4/unit) _
2.8 employees
c) Bar/Restaurant =9,444 sq. ft. @ (6.5/1000 sq. ft.) _
61.39 employees
Total Employees 109.07 = employees
(X 0.15 multiplier) 16.4 = new employees
Existing Development - Top of Range Calculations:
a) Retail/Service Commercial =6,904 sq. ft. @(8/1000 sq. ft.) _
55.23 employees
b) Multi Family (Club Units) =7 units @(.4/unit) _
2.8 employees
c) Bar/Restaurant =9,444 sq. ft. @ (8/1000 sq. ft.) _
75.5 employees
Total Employees 133.53 = employees
(X 0.15 multiplier) 20.0 = new employees
Proposed Development - Bottom of Range Calculations:
a) Office: Professional/Other =12,813 sq. ft. @(5/1000 sq. ft.) _
64.07 employees
b) Multi Family (Club Units) =9 units @(.4/unit) _
3.6 employees
Total Employees 67.67 = employees
(X 0.30 multiplier) 20.3 = new employees
Proposed Development - Middle of Range Calculations:
a) Office: Professional/Other =12,813 sq. ft. @(6.5/1000 sq. ft.) _
83.28 employees
b) Multi Family (Club Units) =9 units @(.4/unit) _
3.6 employees
Total Employees 86.88 = employees
(X 0.30 multiplier) 26.1 = new employees
Proposed Development - Top of Range Calculations:
a) Office: Professional/Other =12,813 sq. ft. @(8/1000 sq. ft.) _
102.50 employees
17
b) Multi Family (Club Units) =9 units @(.4/unit) _
3.6 employees
Total Employees 106.1 = employees
(X 0.30 multiplier) 31.8 = new employees
Staff Recommended Ranae Calculations:
The analysis above has been provided for comparison and discussion
purposes. Staff acknowledges that employee numbers determined as a
result of the methodology may be inconsistent with numbers generated
for other redevelopment proposals. However, in the absence of any other
codified or reasonably accepted methodology, or a proposal from the
applicant, this approach was used as a basis for discussions. Arguably,
staff agrees that other methods of determination could be used to
calculate employee housing needs. Most importantly, staff believes that
the Town of Vail has consistently required applications for redevelopment
within Special Development Districts to mitigate development impacts.
Staff acknowledges that number of units.required for final approval has
not always equaled the number determined as a result of the employee
generation analysis.
Because of the change in uses, staff believes that the proposal for the
Vail Gateway will reduce the number of employees generated by 16.87
employees (from 84.44 to 67.67). To be consistent in the application of
requiring employee housing to mitigate development impacts and to
address the identified public interest, staff recommends that the applicant
for the Vail Gateway proposal be required to provide employee housing.
Staff acknowledges that there will be an overall reduction in the potential
number of employees on the Vail Gateway site as a result of this
redevelopment proposal. However, staff recognizes that the original SDD
approval did not require, nor did the applicant provide, any employee
housing. Fundamentally, staff believes that this applicant should be
required to address the impacts of development on this site. The exact
number of units or beds to be required should be discussed.
The Vail Gateway redevelopment application proposes to exceed the
allowable density (GRFA is a measure of density) on the site, and
therefore, the 30% multiplier was used in the determination of employee
generation. Under CC1 zoning, the Vail Gateway did not exceed density,
so the 15% multiplier was used. The difference in the number of
employees requiring housing is 7.6. This is based on the use of the Vail
Gateway as professional offices that generate the need for year-round
employees.
Depending upon the size of the employee housing unit provided, it is
possible to have up to two employees per bedroom. For example, a two-
bedroom unit in the size range of 450 - 900 square feet, is possible of
accommodating three to four employees. These figures are consistent
18
with the requirements for the Type III employee housing units outlined in
the Municipal Code.
The applicant is proposing no employee housing units in conjunction with
the proposal. Again, staff recommends that it is necessary for the
applicant to provide employee housing to be, consistent in our application
of requiring the mitigation of development impacts.
Overall, staff believes that the density and uses proposed by the applicant
for the Vail Gateway do not conflict with the compatibility, efficiency or
workability of the surrounding uses and/or activities.
C. Compliance with parking and loading requirements as outlined in
Chapter 12-10 of the Town of Vail Municipal Code.
Parkinq
The applicant exceeds the parking requirement as outlined in Chapter 12-
10 of the Town Code. According to Chapter 12-10, the applicant is
required to provide 47 parking spaces. According to the existing plans on
file with the office of Community Development, there are 93 spaces in the
parking structure. On site, there are currently 92 spaces in the parking
structure. Of these, 42 are tandem spaces. Tandem spaces are allowed
for valet parking and for residential parking. The applicant is proposing
that the private parking club will utilize 39 parking spaces. The current
parking requirement for dwelling units at the Vail Gateway is 1.4 per unit.
However, the applicant is allocating 2 spaces per unit. Valet services will
be provided. Staff is recommending a condition for a parking plan that
clearly indicates which uses specific parking spaces will be reserved for.
According to the Town Code, the proposed uses require 47 parking
spaces. There are currently 92 spaces in the parking structure. The
applicant is proposing that a maximum of 39 of the spaces will be used
for the parking club, leaving a remainder of 6 spaces. This will allow for
any future expansions or changes in use that would require additional
parking to be accommodated on site.
Loadinq
The applicant is not currently proposing any changes to the loading
situation at the Vail Gateway. However, there is a condition of approval
for SDD #6, Vail Village Inn, which states:
That the Developer coordinate efforts with the owners of the
Gateway Building to create a below ground access for loading and
delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. If a
coordinated effort can be reached the Developer shall submit
revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a
building permit.
Staff recommends that a similar condition be placed on the Vail Gateway
regarding a combined loading and delivery system for the Vail Gateway
19
and the Vail Plaza Hotel. This will eliminate loading and delivery traffic
from Vail Road, locating it instead on the Frontage Rd. and addresses the
concern of the Gateway residential owners that the current loading and
delivery facility for the Gateway has negative impacts on their enjoyment
of the residential units. The implementation of the recommended
condition may cause a reduction in the number of parking spaces
available for the use of the private club.
D. Conformity with the applicable elements of the Vail Comprehensive
Plan, Town policies and Urban Design Plan.
A complete analysis of the Vail Land Use Plan and Vail Village Master
Plan are in Section V of this memorandum. The applicant is proposing no
exterior changes as this time.
E. Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is
proposed.
There are no natural and/or geologic hazards that effect the applicant's
property.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality
of the community.
The applicant is not proposing any exterior changes to the building.
Therefore, staff believes that this criterion is not applicable to this
application.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
Staff believes that the existing circulation system is appropriate for the
change in use.
H. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
No exterior changes are proposed. Staff feels that the existing
landscaping and open space are satisfactory.
1. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the special development district.
This criterion is not applicable to this project.
20
VII. CONDITIONAL USE PERMIT REVIEW CRITERIA
The issuance of a conditional use permit is required to allow for the residential
dwelling units and the private parking club at the Vail Gateway. The applicant is
proposing a total of 9 dwelling units on the site. The applicant is also proposing
that 39 of the parking spaces on site be utilized as part of a private parking club.
In addition, 240 sq. ft. of the building is allocated to the use of the parking club,
providing guest services to the club members, including ski storage and
restrooms. The review criteria for a request of this nature are established by the
Town of Vail Municipal Code. The proposal is subject to the issuance of a
conditional use permit in accordance with the provisions of Title 12, Chapter 16.
For the Planning and Environmental Commission's reference, the conditional use
permit purpose statement indicates that:
In order to provide the flexibility necessary to achieve the objectives of
this title, specified uses are permitted in certain districts subject to the
granting of a conditional use permit. Because of their unusual or special
characteristics, conditional uses require review so that they may be
located properly with respect to the purposes of this title and with respect
to their effects on surrounding properties. The review process prescribed
in this chapter is intended to assure compatibility and harmonious
development between conditional uses and surrounding properties in the
Town at large. Uses listed as conditional uses in the various districts may
be permitted subject to such conditions and limitations as the Town may
prescribe to insure that the location and operation of the conditional uses
will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for
conditional use permits shall be denied.
A. Consideration of Factors:
1. Relationship and impact of the use on development
objectives of the Town.
Multiole-familv dwellinas: The establishment of 'a Special
Development District does not allow a proposal to vary the uses of
the underlying zoning. Multiple-family dwellings are considered a
conditional use in the CSC zone district. The applicant is
proposing 9 dwelling units on the property. Staff has identified the
following objectives from the Vail Land Use Plan which staff
believes are applicable to the conditional use permit request for
the existing and proposed multiple-family dwellings:
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
21
incentives, provided by the Town of Vail with
appropriate restrictions.
5.4 Residential growth should keep pace with the
marketplace 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.
Staff believes that the multiple-family dwellings meet the
objectives of the Town of Vail. However, staff believes that it is
necessary to provide employee housing with this development.
Type III Employee Housing Units should be developed as part of
the new residential GRFA that is proposed.
Private club: The applicant is proposing a private parking club
which, if the text amendment to CSC is approved, is considered a
conditional use in the CSC zone district. A similar product can be
seen at Golden Peak. Staff has identified the following objective
from the Vail Land Use Plan which staff believes are applicable to
the conditional use permit request for the private parking club:
2.8 Day skiers need for parking and access should be
accommodated through creative solutions such as:
a) Increased busing from out of town.
b) Expanded points of access to the mountain
by adding additional base portals.
c) Continuing to provide temporary surface
parking.
d) Addition of structured parking.
In addition, staff has identified the following goals and objectives
from the Vail Village Master Plan which are applicable to this
project:
Goal #5 - Increase and improve the capacity, efficiency,
and aesthetics of the transportation and circulation system
throughout the Village.
5.1 Objective: Meet parking demands with public
and private parking facilities.
5.1.3 Policy: Seek locations for additional
structured public and private parking.
22
Staff believes that the provision of additional private parking
through the parking club is a benefit to the Town of Vail by
eliminating some of the pressure on the public parking facilities.
In addition, the Vail Transportation Master Plan identifies the
following goal:
Retain the private parking supply as an important and
needed element.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and
recreation facilities, and other public facilities and public
facilities needs.
Multiple- family dwellinas: The additional dwellings are created by
infilling an existing vaulted space within the Vail Gateway. Staff
does not believe that there will be any negative effects of the use
on light and air. The density proposed is within the allowable
density for the CSC zone district. CSC allows for 9 dwelling units
on this site. The applicant is proposing 9 dwelling units on site.
Staff does not believe that there will be any adverse effects on the
above listed criteria.
Private club: The private parking club will a positive impact on the
above-mentioned criteria. The provision of private parking
lessens the need for additional public parking facilities.
3. Effect upon traffic, with particular reference to congestion,
automotive and pedestrian safety and convenience, traffic
flow and control, access, maneuverability, and removal of
snow from the streets and parking areas.
Multiple-familv dwellinas: As stated above, the additional dwelling
units will be created by the infill of an interior space. Staff does
not believe that the additional dwelling units or existing 7 dwelling
units will have any adverse effects on the above listed criteria.
Private club: As stated above, staff believes that the private
parking club will be beneficial. It uses an underutilized parking
structure.
4. Effect upon the character of the area in which the proposed
use is to be located, including the scale and bulk of the
proposed use in relation to surrounding uses.
Multiple-familv dwellinas: Staff does not believe that the addition
of 2 dwelling units, nor the existing 7 dwelling units will have a
negative effect on the character of the area. Adjacent properties
include other mixed use developments (Vail Plaza Hotel East and
West). While there are no current plans to redevelop the Alpine
23
Standard, discussions with the owner have also indicated that a
redevelopment would include a mixed-use product which would
include residential dwelling units. Because there are no exterior
changes proposed, staff does not believe that there will be any
adverse effects on surrounding uses.
Private club: Staff does not believe that the private parking club
will have any negative effects on the character of the
neighborhood. The parking spaces currently exist on site.
B: FINDINGS
The Planning and Environmental Commission shall make the following
findings before granting a conditional use permit:
2. That the proposed location of the use Js in accordance with the
purposes of the conditional use permit section of the zoning code
and the purposes of the district in which the site is located.
2. That the proposed location of the use and the conditions under
which it would be operated or maintained would not be detrimental
to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
3. That the proposed use would comply with each of the.applicable
provisions of the conditional use permit section of the zoning
code.
VIII. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS
In addition to the rezoning request, the applicant has requested an amendment
to the Commercial Service Center zone district, allowing private clubs as a
conditional use in the zone district. Currently, the zoning code defines "private" .
as "A use, area, property or facility which is not public." The zoning code
currently allows private clubs as a conditional use in the following zone districts:
Residential. Cluster
Low Density Multiple Family
Medium Density Multiple Family
Public Accommodation
Ski Base Recreation
In addition to amending the code to allow for private clubs as a conditional use in
the CSC zone district, staff is also proposing a definition of a private club. This
will allow for greater clarification in other situations. The following amendments
are proposed:
12-7E-4: CONDITIONAL USES:
Private Club
24
12-2-2: DEFINITIONS
Private Club: an association of persons and its premises who are
bonafide members paying dues, use of such premises being
restricted to members and their guests.
The review criteria for a request of this nature are established by the Town of Vail
Municipal Code.
A. Consideration of Factors:
1. That the proposed amendments are consistent with the
development objectives of the Town of Vail as stated in the
Vail Land Use Plan.
As a conditional use, the addition of a private club will be subject
to the following review criteria:
1. Relationship and impact of the use on development
objectives of the Town.
2. Effect of the use on light and air, distribution of
population, transportation facilities, utilities, schools,
parks and recreation facilities, and other public facilities
and public facilities needs.
3. Effect upon traffic, with particular reference to
congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets
and parking areas.
4. Effect upon the character of the area in which the
proposed use is to be located, including the scale and
bulk of the proposed use in relation to surrounding
uses.
The addition of a definition of "private club" will clarify the use in all
situations. Staff believes that this will improve the development
review process for both applicants and staff.
2. That the proposal is consistent and compatible with existing
and potential uses within Vail and generally in keeping with
the character of the Town of Vail.
Again, staff believes that as a conditional use, subject to the
above review criteria by the Planning and Environmental
Commission, private clubs can be reviewed for compatibility with
existing and potential uses within the Town in the CSC zone
district.
25
IV. Zoning Analysis for SDD #21, Vail Gateway-July 9, 2001
Located at 12 Vail Road / Portions of Lots O and N, Block 5D, Vail Village 1St Filing
Development Allowed by CCI zone Approved by SDD Existing Allowed by Proposed Deviation
Standard district #21 Proposed CSC zone from CSC
district
Lot area 5,000 sq. ft. 24,154 sq. ft. 24,154 sq. ft. or 20,000 sq. ft. No change None
.5545 acres
Frontaqe 130 ft. 1150 ft. 1150 ft. 1100 ft. min I No chanqe I None
Setbacks Est. by Vail Village 18 ft. 18 ft. 20 ft. (all sides) No change +2 ft.
Design Considerations 20 ft. 20 ft. none
15 ft. 15 ft. +5 ft.
1 ft. 1 ft. +19 ft.
Height Est. by Vail Village 54 ft. 54 ft. 35 ft. flat / 38 ft. No change +16 ft.
Design Considerations sloping (70%
deviation)
Density 25 du/acre 03 units) 7 du 7 du 18 du/acre (9 units) 9 du I None
GRFA 80% buildable 12,815 sq. ft. 12,815 sq. ft. 40% buildable (not to 17,160 sq. ft. +7,498 sq.
(19,323 sq. ft.) exceed 50% of total ft.
floor area) or 9662
sq. ft. (56%
deviation)
Site Coveraqe 80% (19,323 sq. ft.) 64% (15,459 sq. ft.) 64% (15,459 sq. ft.) 75% (18,116 sq. ft.) No chanqe None
Landscaping Est. by Vail Village 5.4% (1,309 sq. ft.) 5.4% (1,309 sq. ft.) 20% (4,831 sq. ft.) No change -3,522 sq. ft.
Design Considerations (369%
deviation)
Parking 63 spaces (current 93 parking spaces 92 spaces 47 spaces ( No change None
uses) 13 s^uces for
residential
34 spaces for office
Loadinq 1 berth 1 berth 1 berth 1 berth No change None
Application Supplement
For Amendments to the
VAIL GATEWAY BUILDING
Town of Vail, Colorado
June 11, 2001
1. Introduction
The Vail Gateway Building was originally proposed in the late-1980's and during the review
of the project there was a great deal of debate regarding how this parcel of land should be
developed. The parcel's location at the "gateway" to Vail Village made it a very strategic
parcel of land, however it's physical separation from the Village's pedestrian corridors
presented a number of other challenges. Ultimately the project was approved as Special
Development District No. 21 with an underlying zoning of Commercial Core 1 (CC I) and in
the early 1990's the Gateway Building was opened with a mixture of retail shops,
restaurants and residential condominiums.
Over the past 11 years it has become apparent that the retail and restaurant aspects of the
project simply do not work. At the time of this application all restaurant and retail spaces
within the building are vacant. Reasons for the failure of businesses; within the building
cannot be attributed to any one source, however it seems very evident that the site's isolation
from the pedestrian areas along Meadow Drive and the Village core make it difficult to
attract pedestrians to the project. While only one block off of Meadow Drive, the Gateway
Building is apparently too far "off the beaten path" to sustain retail and restaurant uses.
All commercial space within the building is owned by one entity (the six residential units are
owned by individual owners). In response to the failure of retail and restaurant uses, the
owner of the commercial space has spent the past year evaluating a variety of different
development programs in an attempt to revitalize what can only be described as a distressed
property. Existing zoning of the property has proven to be a major constraint to assembling
a feasible re-development program for the building.
The fundamental problem with the revitalization of the building has proven to be the CC1
underlying zoning. As with any SDD, the underlying zoning establishes permitted and
conditional uses for the property. The CCI district essentially allows for only retail and
restaurant uses on street level. While this zoning was deemed appropriate for the original
developers concept for the building,. history has demonstrated that retail and restaurant uses
are not viable. Due to the limited range of uses permitted on the street level, the CC1 zone
district presents a major constraint to the revitalization of this building.
Vail Gateway Building, Vail, Colorado Page 1
Braun Associates, Inc.
The proposed revitalization of the building is intended to provide viable commercial activity
in this mixed-use area of the Town and would be accomplished primarily by simply
broadening the range of commercial uses permitted within the building. The major elements
of this revitalization proposal include the following:
• A change to underlying zoning in order to allow for office and other commercial uses on
the street level of the building,
• The addition of two residential dwelling units on the third floor,
• Establishment of a "parking club" within the building, and
• All proposed modifications will take place within the existing building, i.e. no
physical expansions of the building are proposed.
The zone change is intended to allow for office use on the street level of the building and
will also maintain the mixed-use character of the building. At the salve time, this change
will allow for a use (office) that is not dependant upon pedestrian traffic. Employees,
visitors, and activity will be introduced to the site that at the same time will help support
other retail and commercial businesses in the surrounding area. The parking club concept
was developed in response to the over abundance of parking already existing on the property
(after accounting for the changes in potential uses, the property will have a surplus of 39
parking spaces). The applicant believes that this can be a successful use for the property by
providing guests and residents the opportunity for "close-in" parking and club amenities,
thus reducing demands placed on the town's parking structures. The proposed residential
units on the third floor represent a limited expansion of a land use that has proven to be a
viable use on the site. Total project density will be within the density levels originally
approved by SDD No. 21.
The proposed re-development package, taken as a whole, provides a win-win solution for
both the owner of the building and the community.
In order to allow for these changes, the following five applications have been submitted:
• Change to the underlying zoning from Commercial Core 1 (CC I) to Commercial
Service Center (CSC). This change will allow for office uses on the ground floor of
the building. The CSC district is a more appropriate zoning for the property based
on the Town's Land Use Plan and Vail Village Master Plan.
• Major amendment to SDD No. 21. This amendment will allow for minor changes to
the development plan and to development standards and also acknowledge the
change to the underlying zone district.
• Zoning text amendment to the Commercial Service Center zone district. This
amendment will allow for "private clubs" as a conditional use.
Vail Gateway Building, Vail, Colorado Page 2
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• Conditional Use Permit application to allow a private parking club on the property.
• Conditional Use Permit application to allow the existing and proposed residential
uses. The CSC zone district requires a Conditional Use Pennit for residential uses.
The following sections provide additional information on each of these five applications.
Vail Gateway Building, Vail, Colorado Page 3
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II. Rezonine from Commercial Core I to Commercial Service Center
The change in underlying zoning from Commercial Core 1 to Commercial Service Center is
proposed in order to allow for a wider range of uses on the property, specifically the
introduction of office uses on street level. With the exception of the "horizontal-use
zoning" found in the CC1 district, there are very few differences in permitted and
conditional in the CC1 and CSC districts. There are some slight differences in the
development standards (i.e. setbacks, building height, etc.) of these two districts. However,
SDD No. 21 establishes development standards for this property and as such, any
differences between the development standards of CC1 and CSS are academic.
The only other site in Vail currently zoned CSC is the Crossroads Plaza. Crossroads is
proximate to the Vail Gateway property and also has a very similar context to Vail Gateway.
Both sites are located along the Frontage Road and both are located on the periphery of Vail
Village. Both properties have been developed as mixed-use projects with office, retail and
residential uses.
When the Gateway Building was originally proposed the property was zoned Heavy
Service and was occupied by a gas station. Not long after the Gateway Building was
approved, the Vail Village Master Plan (VVMP) was adopted. This Plan designated the
Gateway site as "mixed use". The Plan also defined a portion of the Village as
Commercial Core 1 and the Gateway Building was not included within this area. As
such, the current CCl zoning is in conflict with the land use designation of the VVMP.
The proposed change to CSC would be consistent with the VVMP's mixed-use
designation and bring the property into greater compliance with the Plan.
The criteria which the Town uses to evaluate a rezoning request include:
1) Is the proposed zoning suitable with the existing land uses on the site and
adjacent land uses?
Response:
The uses listed in the CSC zone district are nearly the same as those contained in
the CC] district. The location of uses within the building differs in that the CSC
zone allows office uses on any level of a building. In terms of compatibility, the
CSC zone district is consistent and complementary of the uses located on-site and
on neighboring properties. The proposed CSC zoning will continue to allow
mixed uses consistent with the Vail Village Master Plan and the Vail Land Use
Plan.
2) Is the amendment preventing a convenient workable relationship with land
uses consistent with municipal objectives?
Vail Gateway Building, Vail, Colorado Page 4
Braun Associates, Inc.
Response:
The proposed CSC zone district will provide for mixed-use development
consistent with the Vail Village Master Plan. By furthering the goals of the
VVMP, this proposal is consistent with municipal objectives.
Vail Gateway Building, Vail, Colorado Page 5
Braun Associates, Inc.
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eXY*~~~~~ FAIL VILLAGE MASTER PLAN BOUNDARY
AREA INCLUDED IN THE URBAN LX-SIGN GUILE FLAN '
-PERIPHERY/SURROUNDING AREA era <
This map shows the Vail Gateway Building outside of the area designated for M zoning..
3) Does the zoning provide for the growth of an orderly, viable community?
Response:
The proposed CSC zone district will provide for orderly growth by allowing for
uses that are consistent with Town goals. This zone change will also allow the
owner greater flexibility in the range of land uses that will be permissible on the
property: In doing so, this will provide for a more viable property and a more
viable community.
4) Is the change consistent with the Land Use Plan?
Response:
The proposal complies with the Land Use Plan and the Vail Village Master Plan and
specifically the following policies:
Vail Land Use Plan:
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).
2.2 The ski area owner, the business community and the Town leaders should
work together closely to make existing facilities and the Town function
more effectively.
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
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.
Vail Village Master Plan:
Goal #1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
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1.2 Objective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
1.2.1 Policv: Additional development may be allowed as identified by
the action plan as is consistent with the Vail Village Master
Plan and Urban Design Guide Plan.
Goal #2 To foster a strong tourist industry and promote year-round
economic health and viability for the Village aad for the
community as a whole.
2.1 Obiective: Recognize the variety of land uses found in the 10 sub-
areas throughout the Village and allow for development
that is compatible with these established land use patterns.
2.4 Obiective: Encourage the development of a variety of new commercial
activities where compatible with existing land uses.
2.5 Objective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities
to better serve the needs of our guests.
Goal #5 Increase and improve the capacity, efficiency and aesthetics of the
transportation and circulation system throughout the Village.
5.1 Obiective: Meet parking demands with public and. private parking
facilities.
5. 1.1 Policv: For new development that is located outside of the
Commercial Core 1 Zone District, on-site parking shall be
provided (rather than paying into the parking fund) to meet
any additional parking demand as required by the Zoning
Code.
5.1.5 Policv: Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed parking.
Vail Gateway Building, Vail, Colorado Page 9
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III. Maior Amendment to Special Development District No. 21
The Vail Gateway Building was developed in accordance with the provisions of Special
Development District No. 21. An amendment to SDD No. 21 is necessary to acknowledge
the change in underlying zoning and to allow for one change to the previously approved
development plan.
Physical changes to the building are limited to interior modifications only. No modifications
are proposed to the exterior of the building. As such, there are no changes to building
height, setbacks, site coverage, etc. Interior changes include the proposed change of uses,
the addition of two new dwelling units and the addition of 4,723 square feet of GRFA. Of
these three changes, only the addition of GRFA requires an amendment to the existing SDD
(the potential change of uses is addressed by the proposed change in underlying zoning and
the addition of two dwelling units does not require an amendment because the existing SDD
allows for up to 12 dwelling units and there are only six units currently on the property).
SDD No. 21 currently allows for 13,000 square feet of GRFA. Proposed modifications to
the building would increase this number to 17,160, or an increase of 4,160 square feet. The
vast majority of this new GRFA is a result of converting existing commercial square footage
to GRFA. Of the new GRFA proposed, only 963 square feet of the 4,160 square feet is
actually new floor area. This new floor area is created by infilling the mezzanine space on
the third floor in the old Michael's Restaurant.
The proposed amendments to the development plan are in conformance with the Special
Development District review criteria, as applicable to this application, as described below:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Response:
The bulk and scale of the project are already defined by the existing
building and therefore the proposed amendments do not have an impact on
bulk and mass.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response:
This re-development plan provides for a mixture of office, retail,
restaurant, service, and residential uses on the property. The building is
located in a "mixed use" area identified by the Vail Village Master. The
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uses located on adjacent properties; residential, lodging, retail, and
offices, are compatible with the proposed development programn.
C. Compliance with parking and loading requirements as outlined in
Chapter 12-10 of the Town of Vail Municipal Code.
Response:
All existing on-site parking and loading facilities will remain unchanged.
The proposed changes to uses within the building will, however,
significantly reduce the need for parking and loading and delive7y
facilities. Excess parking spaces are proposed to be utilized as a parking
club. Refer to the attached CUP application for this club.
D. Conformity with the applicable elements of the Vail Comprehensive
Plan, Town policies and Urban Design Plan.
Response:
There are no changes proposed to the exterior of the building and as such
this criteria is not relevant.
E. Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is
proposed.
Response:
The proposed amendment has no impact on this criterion.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
community.
Response:
There are no changes proposed to the exterior of the building or the site
and as such this criteria is not relevant
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
Response:
There are no changes proposed to the exterior of the building or site and
as such this criteria is not relevant. It is anticipated however, that the
proposed changes to the building will result in significantly less vehicular
traffic to and from the site. This is primarily due to the elimination of
Vail Gateway Building, Vail, Colorado Page 11
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3,760 square feet of restaurant space that will be replaced by two
residential units.
H. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
Response:
There are no changes proposed to the exterior of the building or the site
and as such this criteria is not relevant.
1. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the special development district.
Response:
There is no phasing proposed with this amendment.
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W. Text Amendment to Commercial Service Center Allowing Private Clubs
A text amendment to the Commercial Service Center zone district is proposed to allow for
"private clubs" as a conditional use. Subject to approval of this text amendment, it is the
intention of the applicant to gain approval of a conditional use perrnit for a private club at
the Gateway Building. This club would be established to utilize the excess parking spaces
within the Gateway Building. Refer to the attached CUP application for additional
information on this club.
"Private clubs" are currently listed as conditional uses in the following zone districts:
Residential Cluster,
Low Density Multiple-Family,
Medium Density Multiple-Family,
High Density Multiple-Family,
Public Accommodation, and
Ski Base Recreation.
Examples of private clubs in Vail include the Vail Athletic Club, the Cascade Club, the
Passport Club and the Vail Village Club (now closed). The Passport Club at Golden Peak is
a recent example where the Town approved a conditional use permit for a private parking
club that was defined as a "private club".
Allowing for "private clubs" as a conditional use provides the Town with the ability to
review a specific proposal to ensure it is compatible with other uses on the site in the area
before permitting the use on the property. This allows the Town ample control over land
uses while at the same time allowing the landowner flexibility in the management and use of
its property.
The proposed text amendment is consistent with permitted and conditional uses in the CSC
zone district and appropriate for those specific properties currently designated as CSC.
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V. Conditional Use Permit - Private Parking Club
There are currently 89 parking spaces within the Gateway Building. This number of spaces
was provided in response to the uses originally proposed for the building. Original uses were
dominated by restaurant and retail uses that happen to have relatively high parking ratios.
With the changes proposed by these re-development applications, the amount of required on-
site parking is significantly reduced. The following table summarizes uses contemplated for
the building and the resulting parking requirement:
Use Sa. Ft./Units Ratio Parking Reauired
Office (1) 12,573 2.7 spaces/1,000 34
Parking Club 240(3) 0 0
Residential 8 2/unit (2) 16
50
(1) It is assumed that all 13,600 square feet of commercial space is utilized as office. The proposed CSC
zoning will also allow for retail and restaurant uses within this space. If such uses occur, any increase in
required parking will reduce the number of spaces available for the parking club.
(2) Town code requires 1.4 spaces per dwelling unit, however existing declarations designate 2 spaces per
unit.
(3) The Parking Club sq. ft. could be increased without increasing the need for- parking on the site.
As proposed, 39 "excess" spaces will result on the property. The proposed parking club will
make these spaces available for use, thereby relieving some pressure on the Town's parking
structures. The parking chub would have the following features:
¦ Utilization of up to 39 parking spaces,
¦ A small club facility that would provide a lounge area, restrooms, changing room,
storage, etc.
¦ Valet service, which among other things will allow for very efficient use of
previously approved "tandem spaces"
¦ Parking spaces may be sold, leased or made available on a daily fee basis.
A parking club is a relatively new use to the Town of Vail. There is a demand for parking
close to the Village Core and the ski portals that has adequate amenities for users (i.e., locker
rooms, dressing areas, ski storage, etc.). On this property, the parking spaces already exist in
an enclosed structure. Provisions existing within the Town's code could allow for these
excess spaces to be leased. This conditional use permit will essential allow the applicant the
right to provide guest services in conjunction with the parking. This is analogous to efforts
the Town has taken to provide "guest service" facilities such as ski storage and rest rooms at
the Village Structure.
"Conditional" uses are uses that are generally deemed compatible with other permitted and
conditional uses within a zone district, subject to compliance with specific review criteria. If
Vail Gateway Building, Vail, Colorado Page 14
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the review criteria are met by the PEC, the use is deemed compatible and approved. The
following are the review criteria for a conditional use pen-nit:
A. Relationship and impact of the use on development objectives of the Town.
Response:
The proposed private parking club is consistent with Town objectives to provide a high
level of service to guests and to maximize the use of private parking. This use is
expected to lessen demands on the Town's existing parking facilities.
B. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
Response:
The proposed parking club will have no adverse impacts on these factors. The parking
club is expected to lessen demands on the Town's parking facilities.
C. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking area.
Response:
The parking club will generate traffic to the site, however it is anticipated that at full
utilization, each parking space will generate only one in-bound and one out-bound
trip each day. Even with parking club traffic, the overall mix o.J-uses proposed for
the property will result in a reduction of vehicle trips to the property. This is
primarily due to the reduction in the number of restaurants located in the building.
D. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Response:
The proposal does not change the bulk and mass of the existing building and therefore
has no impact on this criterion.
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VI. Conditional Use Permit - Residential Uses
A conditional use permit is necessary to allow for the existing and proposed residential uses
on the property. The residential uses have been in place on the property for the last 11 years.
Two additional units are proposed for a total of eight dwelling units. Issues of compatibility
of residential uses with commercial activities have proven successful on this project and
throughout the Town of Vail. Additionally, the Vail Village Master Plan recognizes this
area as "mixed use", appropriate for a mixture of retail, office and residential uses.
The following are the review criteria for a conditional use permit:
A. Relationship and impact of the use on development objectives of the Town.
Response:
The proposed residential dwelling units are consistent with Town objectives and master
plans. The Vail Village Master Plan designates this site as "mixed-use The proposed
density of dwelling units proposed is less than that originally approved for the site by
SDD #21 (12 units were originally approved, eight are proposed).
B. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public facilities
and public facilities needs.
Response:
The proposed residential dwelling units will have little, if any, impact on these issues.
C. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking area.
Response:
Two proposed dwelling units will have little to no affect on these factors. The overall
proposed mix of uses on the property will reduce the number of vehicle trips to the
property. This is primarily due to the reduction in the number of restaurants located in
the building.
D. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Response:
The proposal does not change the bulk and mass of the existing building and therefore
does not have an impact on this criterion.
Vail Gateway Building, Vail, Colorado Page 16
Braun Associates, Inc.
VII. Project Development Statistics
Lot size = 24,154 sq. ft. or 0.5545 acres (verify)
Develonment Standard CSC CO SDD 21 Existing Development Pronosed Plan
Density 18 units/acre (9.98 units) 25 units/acre (13 units) 21.6 units/acre (12 units) 10.9 units/acre (6 units) 14.4 units/acre (8 units)
GRFA 40% (9,661 sq. ft.) 80% (19,323 sq. ft.) 54% (13,000 sq. ft.) 50% (12,077 sq. ft.) 71% (17,160 sq. ft.)
Setbacks
Front 20' 0' 18' 18' no change
Side 20' 0' 20' (S), 15' (N) 20' (S), 15' (N) no change
Rear 20' 0' 1' 1' no change
Site Coverage (max.) 75% 80% 64% 64% no change
Landscape Area (min.) 20% 0% (no reduction) per plans as constructed no change
Building Height 35'flat/38'sloping 43' (40% of roof), 33' per plan as constructed no change
Commercial Space no limitation no limitation no limitation 16,348 sq. ft. 12,813 sq. ft.
Parking Club 240 sq. ft.
(included in commercial space)
Vail Gateway Building, Vail, Colorado Page 17
Braun Associates, Inc.
ARTICLE E. COMMERCIAL "SERVICE CENTER (CSC)
DISTRICT
12-7E-1: PURPOSE:
The Commercial Service Center District is intended to provide sites for general shopping and
commercial facilities serving the Town, together with limited multiple-family dwelling and lodge
uses as may be appropriate without interfering with the basic commercial functions of the
District. The Commercial Service Center District is intended to ensure adequate light, air, open
space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a
convenient shopping center environment for permitted commercial uses. (Ord. 8(1973) § 10.100)
12-7E-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT
PLAN:
A. Review Required: Prior to the establishment of any Commercial Service Center District or
enlargement of District boundaries, the Town Council shall by resolution adopt a general
development plan for the proposed District. The development plan may be prepared by an
applicant for the establishment of the District or may be prepared by the Town. The
development plan shall be submitted to the Planning And Environmental Commission for
review, and the Planning And Environmental Commission shall submit its findings and
recommendations on the plan to the Town Council.
B. Plan Content: The development plan shall show the following information:
1. Existing topography and tree cover.
2. Proposed division of the area into lots or building sites, and the proposed uses to be
established on each site.
3. Proposed locations, dimensions, and heights of buildings on each site, and the locations of
parking and loading areas, access drives, principal public and private open spaces, and other
site plan features.
4. Relationship of proposed development on the site to development on adjoining sites.
5. Such additional information as the Planning and Environmental Commission and Town
Council deem necessary to guide development within the proposed district.
C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent
development of sites and the design and location of buildings and grounds within the District.
All plans subsequently approved by the Design Review Board in accordance with Chapter] I.
of this Title shall substantially conform with the development plan adopted by the Town
Council. (Ord. 8(1973) § 10.200)
12-7E-3: PERMITTED USES:
The following uses shall be permitted in the CSC District:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges, taverns, and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Personal services and repair shops, including the following:
Barbershops.
Beauty shops.
Business and office services.
Cleaning and laundry pickup agencies without bulk cleaning or dyeing.
Coin-operated or self-service laundries.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores and pharmacies.
Florists.
Food stores.
Furniture stores.
Gift stores.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Radio and television stores and repair shops.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses in
accordance with the provisions of Section 12-7E-2 of this Article. (Ord. 16(1996) § 3: Ord.
27(1990) § 2: Ord. 8(1973) § 10.300)
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this Title:
Any use permitted by Section 12-7E-3 of this Article, which is not conducted entirely within
a building.
Bed and breakfast as further regulated by Section 1 2-1.4-1.8 of this Title.
Brew pubs.
Commercial laundry and cleaning services.
Dog kennel.
Major arcade.
Multiple-family dwellings and lodges.
Outdoor operation of the accessory uses as set forth in Section 12-7E-5 of this Article.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title. (Ord.
6(2000) § 2: Ord. 10(1998) 2, 5: Ord. 22(1997) § 2: Ord. 16(1996) § 4: Ord. 14(1996) §
2: Ord. 8(1992) § 23: Ord. 27(1990) § 4: Ord. 31(1989) § 11: Ord. 20(1982) § 5: Ord.
6(1982) § 6(a): Ord. 10(1975) § 3: Ord. 8(1973) § 10.400)
12-7E-5: ACCESSORY USES:
The following accessory uses shall be permitted in the CSC District:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 1.2-14-12 of this Title.
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to
conditional residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
for the operation thereof. (Ord. 6(1982) § 6(b): Ord. 8(1973) § 10.500)
12-7E-6: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable area, and
each site shall have a minimum frontage of one hundred feet (100'). (Ord. 12(1978) § 3)
12-7E-7: SETBACKS:
In the CSC District, the minimum front setback shall be twenty feet (20'), the minimum side
setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord.
50(1978) § 2)
12-7E-8: HEIGHT:
For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a
sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) § 2)
12-7E-9: DENSITY CONTROL:
Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for
each one hundred (100) square feet of buildable site area, and gross residential floor area shall
not exceed fifty percent (50%) of total building floor area on any site. Total density shall not
exceed eighteen (18) dwelling units per acre of buildable site area. (Ord. 50(1978) § 19: Ord.
12(1978) § 2)
12-7E-10: SITE COVERAGE:
Site coverage shall not exceed seventy five percent (75%) of the total site area. (Ord. 17(1991) §
11: Ord. 8 (1973) § 10.607)
12-7E-11: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20%) of the total site shall be landscaped. The minimum width and
length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not
less than three hundred (300) square feet. (Ord. 19(1976) § 11A: Ord. 8(1973) § 10.609)
12-7E-12: PARKING AND LOADING:
Off-street parking and loading shall be provided in accordance with Chapter 1.0 of this Title. At
least one-half (1/2) of the required parking shall be located within the main building or buildings.
No parking or loading area shall be located in any required front setback area. (Ord. 19(1976) §
11A: Ord. 8 (1973) § 10.610)
12-7E-13: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All permitted and conditional uses by Sections 12-7E-3 and 12-7E-4
of this Article, shall be operated and conducted entirely within a building except for
permitted parking and loading areas and such activities as may be specifically authorized to
be unenclosed by a conditional use permit and the outdoor display of goods.
B. Outdoor Display: The area to be used for outdoor display must be located directly in front of
the establishment displaying the goods and entirely upon the establishment's own property.
Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by
outdoor display. (Ord. 34(1982) § 4)
PSchutt&
SQAU R (SOOT CALCU L OO NS
EXISTING SF CALLS PROPOSED SF CALCS G;
~Q
RESTAURANT: 9 RESTAURANT: 0 > °
OFFICE: 0 OFFICE: 10,323 ° Q °O9
RESIDENTIAL: 12,37 RESIDENTIAL: 17,160 Q 000,
RETAIL: 6,904 RETAIL: 0 m Ii o
COMMERCIAL: 2,250 Q ?
TOTAL EXIST 23,735 "PARKING CLUB` ; 240
TOTAL PROPOSED 29,973===
DATE: b/l/OI
REVISED:
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C'A
uxuyMNCE NO. 9 ,
Series of 1998, yr-
AN Lmu.LOANCE REZONING A PAT;T OF IUr N AND A rvxi.LON OF I
LOT O, BLOCK 5D, VAIL VILLAGE ruvi FILING FMM HEAVY
SERVICE DISTRICT TO OOMNrA--" AL CORE I AND 'E'STABLISHING
SPECIAL DEVELOPMENT DISTRICT NUMBER 21 FOR A PART OF LDT N,
AND A rvruiOd OF = 0, BLOCK 5D VAIL VILLAGE FIRST FILING
IN A "v-k,,NCE WI'I!3 C6APIER 18.40 OF THE VAIL MUNICIPAL
CODE AND or,iiudG rururi DETAILS IN REGARD Thrrcn.iv..
whAv-,,S, Chapter 18.40 of the Vail Municipal code authorizes Special
revel,...-. - Districts within the Town in order to --i-rage flexibility in the
develvr-.1 of land; and
Whr,eamS, application has been made for special Development District aj?v ral
for certain parcels of y,.vyerty within the Timm known as a part of Lot N, and a
portion of Lot O, Block 5D, Vail Village First Filing to be known as Special
DevelvL,.-.1 District No. 21, ........,-.1y refer. to as the Vail Gateway; and
WHEREAS, application has further been made to rezone a part of Lot N, and a
portion of Lot O, Block 5D, Vail Village First Filing from Heavy Service District
to C.,.,,,--ial Core I District in order to allow for the range of uses and
activities y~.,y.,.-.ed for SDD No. 21; and
WI-?.av-%S, in a, ' J~3ance with Section 18.66.140, the Planning and EnvL-.,-,tal
Con¢nission had a public hearing on the i---.- ,wed zoning and the y~..r. wed
SDD, and has submitted its «...,-andation to the Torn Council; and
whr.mw6, all notices as required by Section 18.66.080 have been sent to the
ayr-,r,~Iate parties; and
WHEREAS, the Town council has held a public hearing as required by chaplx :
18.66 of the Municipal code of the Town of Vail.
NOW, 14~r ~v rvt<r , BE IT ORDAINED BY THE TOWN COMIC'IL OF nE TOW OF VAIL,
COLORADO, THAT:
Section 1.
The Town Council finds that the procedures for a zoning amendment as set forth
in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully
satisfied, and all other requi-G,=,~s of the Municipal code of the Town relating to
zoning amo-,.L-,Ls have been fully satisfied.
Section 2.
The Town council h4.I.f rezones the y~vZG~~y more particularly described in
. Ddiibit A, attached hereto, from Heavy Service District to C...,.'--ial Core I.
Section 3.
The Town Council finds that all the r-...iures set forth for Special
Devel ,„-„L Districts in Chapter 18.40 of the Municipal Code-of the Town of Vail
have been fully satisfied.
Section 4.
The Town council finds that the devel.k.-- plan for Special Devel .
District No. 21 meets each of the standards set forth in Section 18.40.OB0 of the
Municipal Code of the Town of Vail or demonstrates that either one or more of them
is not applicable, or that a practical solution consistent with the public interest.,
has been achieved. In a-;ancs with Section 18.40.040, the devel-,-.,c:.,,L plan for
Special Devel ,,uc,t District No. 21 is ary-red and Special Devel.,,.,-„t District
No. 21 is ham -by apj ,ved for the j,ivt, Ly described in Exhibit A. The devel k-,1
plan is -vUsed with those plans submitted by Buff Arnold, Ned Gwathmey,
Architect, PC, and consists of the following documents:
1. Site plan, dated March 28, 1988
2. Floor Plans dated March 28, 1988
3. Elevations dated March 28, 1988
4. larkiscape Plan dated March 28, 1988
5. Special Devel.,Y„-,L District Application and Errvi-..-Lal Impact R,,t,
as Y,-,ored by Peter Jamar Associates, Inc., dated January 1988, and revised
March 9, 1988
Section 5. ,
EF
11he devel k.-L standards for Sr-4,1 Devel r-,-.L District No. 21 are npk-ved s
by the Town Council as a part of the api-ved development plan as follows: 1
A. Setbacks
i
setbacks shall be as indicated on the site plan set forth in Section 4 of
this Ordinance.
~i
B. Heicdrt
Building heights shall be as indicated on the elevations and roof plan
set forth in Section 4 of this Ordinance.
l C. Coverage
Site coverage shall be as indicated on the site plan set forth in Section
4 of this ordinance.
-2-
D. Lan aping
j The area of the site to be landscaped shall be as generally indicated
on the preliminary landscape plan set forth in section 4 of this
ordinance. A detailed landscape plan shall be submitted to the
Design Review Board for final approval.
E. Parkinq
Parking demands of this development shall be met in accordance with
the developer's proposal to provide 95 parking spaces.
F. Density
The density allowed in S.D.D. NO. 21 shall be 12 dwelling units
consisting of not more than a total of 13,000 square feet of GRFA.
Section 6.
Uses as proposed on the development plan as per Section 4 of this
ordinance are hereby approved. The uses of Special Development District
No. 21 are uses permitted by right, conditional uses or accessory uses in
the Commercial Core I zone district. The permitted uses in the special
development district shall be the same as those uses permitted in the
Commercial Core I zone district, conditional uses in the special
development district shall be the same as the conditional uses listed in
the Commercial Core I zone district, and accessory uses in the special
development district shall be the same as the accessory uses listed in the
Commercial Core I zone district.
Section 7.
Following are conditions of approval for Special Development District 21:
1. The applicant shall secure permission of the property owner of the
Standard Oil property to complete construction of the landscape
improvements as shown in the approved development plan for S.D.D. 21
prior to receiving a final certificate of occupancy.
2. Prior to receiving a building permit, the applicant must provide
evidence which is satisfactory to the Town Council and Town Attorney
that demonstrates the financial ability to complete the construction
of the project as planned.
3. Construction must commence before July 1st and the project must be
enclosed by November 13th of whatever year construction commences.
The approval shall be valid for three years.
4. The applicant shall construct a sidewalk from the southern property
line of Special Development District No. 21 to the north side of the
existing Vail Village Inn access off of Vail Road.
'E
Section S.
L 1,.ants to the aj.1.-red Bevel,.,- plan which do not charge its substance
may be ayv.. ,red by the Planning and Eavi-,.-Lal Commission at a regularly
scheduled public hearing in a-:.ance with the provisions of Section 18.66.060.
Am~.3,„~,Ls which do charge the substance of the development plan shall be atr_ied
in a...,.jance with Sections 18.66.110 through 18.66.1G0. The ComarLity Devel,~~-"
Departm ent.shall be solely responsible for determi.nirr;3 what constitutes a charge in
the substance of the devel.~.._.:: plan. An application for a to this
Special Development District which changes the substance of the devel.R_,t plan
shall comply with the req,i.--ts of Section 18.40.030 except that the Ceamnunity
Dever..-,t; Depa-L-L shall determine which r, i-rty in the Special Development
District is being directly affected by such amendment and the consent of only those
owners of said F.,1-rty shall be required to be included in the application.
Section 9.
If any part, section, subsection, sentence, clause of phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect 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 10.
The Town Council h--;,y finds, determines and declares that this ordinance is
necessary and r-ter for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 11.
The repeal or the and reenactment of any provisions of Vail Municipal
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 cam, nor any other action or proceeding as .,,.,.-.,.ed under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
-4-
wr ,
daY of
5th
n 'nas of
the 5" tb - daY
ON on
~ gm PASSED held on this or of the Vail Musuci~
u+ ' ~ _roll pe ~y-r- [?vim
hear in the ,Be, 1and a 1988 at -7-.30 P•m' 1988.
p ril f April
dui, polorydo. f~l day of
Vail
p,plisherl
Ozd~
. _ ~ r v 23aY°r
it R' S
an
l.~rt j,,' eX,
`~+am '•a '
jLnD:7G oI~~~g~,15Yf r~r
ppP~ ~ SEND this l~ daY
PgAD AND
in full
1988• v "
ti~~" ~Yor
Pas L~f31r~~~~~
r
y
r,
ORDINANCE 17,
Series of 1996
AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL
DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING AN APPROVED
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 21 IN ACCORDANCE
WITH CHAPTER 18.40 OF THE OF THE VAIL MUNICIPAL CODE; LOCATED AT 12 VAIL
ROADIA PORTION OF LOT N, AND A PORTION OF LOT O, BLOCK SD, VAIL.VILLAGE 1ST
FILING,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development
Districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, Special Development District No. 21 was established by the Town Council
on
2nd Reading of Ordinance No. 9, Series 1988.
WHEREAS, the developer and applicant, Vail Apartments, Inc., has submitted an
application fora major Special Development District amendment for a certain parcel of property
within the Town, known as the Vail Gateway Building, and as Special Development District No.
21; and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on August 26, 1996, held a public hearing on the major amendment of an SDD
and has submitted its recommendation of approval to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 of the Vail Municipal Code,
have been sent to the appropriate parties; and
WHEREAS, the major amendment to the approved development plan has been
reviewed pursuant to Section 18.40.100 of the Town of Vail Municipal Code; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail; and
WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial
to the Town and its citizens, inhabitants and visitors to amend the originally approved Special
Development District No. 21.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Amendment orocedures fulfilled. Planning and Environmental Commission
Report. The review procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfilled and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed amendment to the development plan for
i Ordinance No. 17, Series of 1997
Special Development District No. 21.
Section 2. Special Development District No. 21 and the amended development plan
therefore, are hereby approved for the redevelopment for the expansion of Gross Residential
Floor Area in Unit No. 5, Vail Gateway Condominiums.
Section 3. Purpose
Special Development District No. 21 is intended to insure comprehensive development and use
of an area in a manner that will be harmonious with the general character of the Town of Vail.
The development is regarded as complimentary to the Town by the Town Council and meets the
Design Standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff
memorandum dated August 26, 1996, the major SDD amendment request is in compliance with
the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the
SDD Overlay Zone District. SDD No. 21 provides an appropriate development plan that
maintains the unique character of this site and the surrounding area without negatively impacting
existing or potential uses in the area.
Section 4. The Town Council finds that the amended development plan for Special
Development District No. 21 meets each of the standards set forth in Section 18.40.080 of the
Municipal Code of the Town of Vail. In accordance with Section 18.40.040, the amended
development plan for Special Development District No. 21 is approved and Special
Development District No. 21 is hereby approved for the property described in the attached
Exhibit A. The amended development plan is comprised with those plans submitted by Buff
Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documents:
1. Site plan, dated March 28, 1988
2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28,
1996.
3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28,
1996.
4. Landscape plan dated March 28, 1988
5. Special Development District application and Environmental Impact report as
prepared by Peter Jamar Associates, Inc., dated January 1988, and revised
March 9, 1988.
Section 5. Aooroved Develooment Standards
The development standards for Special Development District No. 21 are approved by the Town
Council as part of the approved development plan as follows:
2 Ordinance No. 17, Series of 1997
A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 4 of
this Ordinance.
S. Building heights shall be as indicated on the elevations and roof plan set forth in
Section 4 of this Ordinance.
C. Site Coverage - Site coverage shall.be as indicated on the site plan set forth in
Section 4 of this Ordinance.
D. Landscaping - The area of the site to be landscaped shall be as generally
indicated on the preliminary landscape plan set forth in Section 4 of this
Ordinance.
E. Parking - Parking demands of this development shall be in accordance with the
developer's proposal to provide 95 parking spaces.
F. Density - The density allowed in Special Development District No. 21 shall be 7
dwelling units consisting of not more than a total of 12,815 sq. ft. of GRFA.
Section 6. The uses of Special Development District No. 21 are uses permitted by
right, conditional uses or accessory uses in the Commercial Core I Zone District. The permitted
uses in the Special Development District shall be the same as those uses permitted in the
Commercial Core I Zone District. Conditional uses in the Special Development District shall be
the same as the conditional uses listed in the Commercial Core I Zone District, and accessory
uses in the Special Development District shall be the same as the accessory uses listed in the
Commercial Core I Zone District.
Section 7. Amendments to the approved development plan which do not change its
substance may be approved by the Planning and Environmental Commission at a regularly
scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments
which do change the substance of the development plan shall be approved in accordance with
Sections 18.66.110 through 18.66.160. The Community Development Department shall be
solely responsible for determining what constitutes a change in the substance of the
development plan. An application for an amendment to the Special Development District which
changes the substance of the development plan shall comply with requirements of Section
18.40.030 except that the Community Development Department shall determine which property
in the Special Development District is being directly affected by such amendment and the
consent of only those owners of said properly shall be required to be included in the application.
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
3 Ordinance No. 17, Series of 1997
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 9. 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 10. The repeal or the repeal and reenactment of any provision of the.
Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue
of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 1996, and a
public hearing shall be held on this Ordinance on the 1 st day of October, 1996, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF
1996.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
EXHIBIT A
VAIL GATEWAY BUILDING, 12 VAIL ROAD AND MORE SPECIFICALLY DESCRIBED AS
FOLLOWS: A PORTION OF LOT N, AND A PORTION OF LOT 0, BLOCK 5D, VAIL
VILLAGE 1ST FILING.
5 Ordinance No. 17, Series of 1997
BAIIAB RAUIN ASSOCIATES, IINC.
PLANNING and COMMUNITY DEVELOPMENT
MEMORANDUM
To: Planning and Environmental Commission
Town Council
From: Timberline Commercial Real Estate, represented by Braun A5soc+ate5, Inc.
Date: July 20, 2001
Re: Gateway Building - Proposed Change of Uses
The purpose of th15 memo 15 to outline the appllcant'5 per5pectlve on the Staff's
recommendation that employee housing be provided a5 a condition of approval for the
proposed modlflcatlon5 to the Gateway Building.
We very much support the notion that development should be re5pon5lble for the
mitigation of Impacts that may result from a project and th15 would certainly apply to
employee hou5ing. Employee hou5ing 15 a very important 155UC and we support the
Town's efforts to require employee hou5ing a5 an element of development pr0Ject5.
however, we strongly believe that any mitigation required of a developer, particularly in
the case of employee hou5ing, must be directly related to the Impacts of a project and
that the manner in which the Town evaluates and Imposes such mitigation must be
reasonable and con515tent.
A5 you evaluate the applications for the revitalization of the Gateway Building, consider
the following polnt5 related to the 1551.1e of employee hou51ng:
• The town has never formally adopted by ordinance employee hou5ing
requlrement5. Rather, the Town has "Informally" Imposed a requirement using a
methodology that I ) e5tlmate5 employee generation based on the proposed
u5e5 and 2) applies a percentage to employee generation to determine number of
employees to be "housed."
Edwards Village Center, Suite C-209 Ph. - 970.926.7575
0105 Edwards Village Boulevard Fax - 970.926.7576
Post Office Box 2658 www.braunassociates.com
Edwards, Colorado 81632
• Proposed development plans for the Gateway would eliminate approximately
4,700 square feet of commercial space. The net result with this change and
other use changes being proposed Is an overall reduction in employee generation
of I G.87 employees, per the town staff's memo.
• The methodology being used by staff for the Gateway Building is a drastic
departure from the methodology and application of the housing formula that has
been used by staff in the past. Staff has always given the applicant a credit for
the number of existing employees on the property and has applied the housing
formula to the "net" increase of employees. That credit is not being given for
the Gateway application. Recent examples of the historic use of this formula
include Vail Plaza east (2000), Vail Plaza west (2001), Vail Valley Medical Center (2001), VAC
(2000), Antlers (99), Marriott (99), Glen Lyon Office building (99), and the Austria Maus (97).
Attached in Exhibit A 15 the language included in the staff memo on two of these
projects.
Our goal is quite simple - to revitalize a very distressed property. Three main changes
are proposed to accomplish this goal - allow for a wider range of uses within the
building, to add two new condominium units, and to allow for a parking club. To-date,
there seems to be strong support for these three changes. Everyone is in agreement
that changes are necessary to turn this property around; however, placing a requirement
for employee housing on the project further burdens the applicant's ability to revitalize
the building and impacts his ability move forward with the purchase and redevelopment
of this property.
The law requires that there be a "nexus" or rational relationship between the impacts of
the project and the requirement for employee housing. In this case, the proposed
development results in a net decrease in employee generation. We would like to think
that in this case common sense would prevail - if there is no impact, there should be no
requirement for mitigation. While we support the concept of employee housing, the
condition proposed by staff Is inconsistent with how employee housing requirements
have been implemented in the past.
Vail Gateway Budding, Vail, Colorado Page 2
Braun Associates, Inc.
Gateway Applicatlon5
Exhibit A
Excerpt from the TOV staff memo for Vail Plaza Hotel (west) approved May
2001:
The applicant is proposing to provide employee housing for a percentage of the "new" employees
resulting from the hotel construction. The new hotel is expected to generate 93.5 "new"
employees. The "new" employees are in addition to the 79 "full time equivalent" employees
already working at the Chateau at Vail. The applicant is proposing to provide deed-restricted
employee housing for 30% (28 beds) of the "new" employees. In order to maximize the benefit of
the housing to the Town of Vail, the applicant has suggested that the housing will be available
only to Vail Plaza Hotel West employees.
Staff Recommended Ranoo Calculations:
Staff believes that the Vail Plaza Hotel West redevelopment will create a need for the housing of
97 additional "new" employees. Of the 97 additional employees, at least 28 employees (30%) will
need to be provided deed-restricted housing by the developers of the Vail Plaza Hotel West.
Please refer to Section IX of the staff memorandum for details regarding square footages and
configuration of the units. The staff recommended range is based on:
1. the type of retail and commercial use proposed in the commercial space
within the Vail Plaza Hotel West;
2. the size of the Vail Plaza Hotel West lodging component;
3. the level of services and amenities proposed by the developers for the guests of the Vail
Plaza Hotel West; and
4. the result of research completed by Town of Vail staff of similar hotel operations in the
Vail Valley.
a) Retail/Service Commercial= 1,127 sq. ft. @ (5/1000 sq. ft.) = 5.6
(bottom of range)
b) Health Club/Spa = 13,835.7 sq. ft. @ (1.5/1000 sq. ft.) = 20.8
(top of range)
c) Restaurant/Lounge = 2,535.3 sq. ft. @ (6.5/1000 sq. ft.) = 16.5
(middle of range)
d) Conference Center = 20,624 sq. ft. @ (1/1000 sq. ft.) = 20.6
(range does not vary)
e) Lodging = 116 units @ (.751unit) = 87.0
(middle of range)
f) Multi Family (Club Units) = 15 units @ (.4/unit) = 6.0
(range does not vary)
g) Fractional Fee Units = 40 units @ (.4/unit) = 16.0
(range does not vary) 72.5
Total
(-79 existing employees) = 93.5
(X 0.30 multiplier) = 28.0 new employees
Excerpt from the TOV staff memo for Vail. Plaza Hotel (east) approved
2000:
The applicant is proposing to provide employee housing for a percentage of the "new" employees
resulting from the hotel construction. Based upon an analysis completed by the applicant and
provided to the Community Development Department, the new hotel is expected to generate 105
"new" employees. The "new" employees are in addition to the 74 employees already working
full-time or part-time at the Vail Village Inn. The applicant is proposing to provide deed-restricted
employee housing for 30% (32) of the "new" employees. Due to the unavailability of private
vacant land resources within the Town limits, the applicant anticipates that all or a portion of the
deed-restricted housing will be provided in an out-of-town or down-valley location. In order to
maximize the benefit of the housing to the Town of Vail, the applicant has suggested that the
housing will be available only to Vail Plaza Hotel employees. It is further anticipated that some
form of transportation will be provided to the employees from the out-of-town or down-valley
location to the hotel.
Staff Recommended Ranae Calculations:
The staff believes that the Vail Plaza redevelopment will create a need for 125 additional
employees. Of the 125 additional employees, at least 38 employees (30%) will need to be
provided deed-restricted housing by the developers of the Vail Plaza Hotel. The staff
recommended range is based on:
1. the type of retail and commercial use proposed in the commercial space
within the Vail Plaza Hotel;
2. the size of the Vail Plaza Hotel lodging component;
3. the level of services and amenities proposed by the developers for the guests of
the Vail Plaza Hotel; and
4. the result of research completed by Town of Vail staff of similar hotel operations
in the Vail Valley.
a) Retail/Service Commercial =4,047 sq. ft. @(5/1000 sq. ft.) = 20.2 employees
(bottom of range)
b) Health Club. =24,799 sq. ft. @(1.5/1000 sq. ft.) =37.2 employees
(top of range)
C) Restaurant/Lounge =5,775 sq. ft. @(6.5/1000 sq. ft.) =37.5 employees
(middle of range)
d) Conference Center =10,368 sq. ft. @(1/1000 sq. ft.) =10.4 employees
(range does not vary)
e) Lodging = 99 units @(.75/unit) = 74.3 employees
(middle of range)
f) Multi Family (Club Units) = 48 units @(.4/unit) =19.2 employees
(range does not vary)
Total = 198.8 employees
(-74 existing employees) =124.8 employees
(X 0.30 multiplier) = 38 "new" employees
Gateway Buildincg
Parking Plan
Prepared for Timberline Commercial Real Estate
August 13, 2001
APPROVED BY THE
TOWN OF VAIL
PLANNING AND
ENVIRONMENTAL COMMISSION
DATF, cd/13/01
PLANNEW 1q0
_ 11
C
d441 a r
Aa 0
f Wrnu ,
Ua ior~ t4~fAlM1r~nl l -fro kt f~
I. General Overview
This plan is intended to provide a general guide for how parking will be managed at
the Gateway Building. The uses contemplated for the building include
office/commercial uses, residential condominiums, and a parking club. The parking
plan may need to be amended from time-to-time to allow the management of the
building to meet the needs of potential building users.
2. Existing Parking Conditions
The parking for the Gateway Building 15 located on three levels of the parking garage
containing 93 parking spaces. Forty-two of the parking spaces, as originally
constructed, are tandem parking spaces. The Gateway Building is also entitled to
one Town of Vail "pay-in-lieu" space purchased for a previous use in the building.
3. Parking by Use
• Office/Commercial Use - 4 1 spaces
0 28 parking spaces (tandem spaces) will be used by the office
employees within the building. Office space employees will,have
designated spaces and employees will be required to coordinate with
office-mates on the use of the spaces. Tandem spaces will be assigned
so that only employees of individual office spaces will be required to
coordinate with one another.
0 G parking spaces (tandem spaces) will also be used by office and/or
commercial employees (depending if the basement level I commercial
space 15 an office use, retail use, or restaurant use).
0 7 parking spaces (non-tandem) will be available as general visitor
parking spaces. This number may be increased or reduced from time to
time depending on how the need for visitor and employee parking is
experienced.
o All of the commercial/office parking spaces will remain in the ownership
of the building owner to afford maximum flexibility for use of spaces.
o Office parking spaces may be made available to other allowable
commercial uses as long as hours of operation do not conflict a
restaurant serving in evening hours).
• Resldentlal Uses - 13 spaces
o 13 parking spaces (8 tandem spaces and 5 non-tandem) will be
assigned to residential units. These Spaces will remain in the ownership
of the building owner; however, the residential users are guaranteed a
license to use their spaces.
• Parking Club Use - 39 spaces
Gateway Building
Parking Plan
o 39 parking spaces will be made available for parking club members.
o Parking club spaces will be subject to a lease. The budding owner may
lease spaces such that the parking club member has a right to use I of
39 spaces, which space may not be definitively defined (i.e., member
has a right to park, not a right to any specific space).
4. Location of Parking Spaces
The building owner shall designate parking spaces, subject to the provisions herein,
in locations as he see fits. The intent is to allow the owner the maximum flexibility
with the function of the parking area so that he will able to develop the most
effective and efficient plan and is able to react to market conditions, changes in
building uses and users, and is able to meet the needs of the visitors to the
property.
5. Governance and Inspection
The owner agrees to allow the Town of Vail to inspect the parking conditions at
anytime. If a nuisance develops from improper management of the parking on this
property, the owner agrees to address valid concerns or violations of the Town of
Vail in a cooperative manner. The owner further understands that the parking
management plan is part of the conditional use permit for the residential and parking
club uses on the property and as such has the ability to take action in the future if it
discovers violations to the conditional use permit. Substantial changes to the
parking plan shall be reviewed and approved by the Planning and Environmental
CommIS5ion.
G. Valet Parking
As the owner continues to operate the parking areas to create efficient use of
parking and provide effective service to building visitors, he may choose to modify
the parking plan and reallocate spaces as necessary. This may include use of valet
service on the property. This will depend upon the ultimate mix of office or
commercial users on the property and the hours of operation of certain uses. In no
case will vehicles be valet parked off-site or will such valet parking interfere with the
ability to gain adeciuate access to the site. A valet system may be added to the
site without further review by the Planning and Environmental Commission.
Gateway 5uilding
Parking Plan
GATEWAY PLAZA RENOVATION
Basement Level -1
Office Office
12 Vail Road, Vail, Colorado July, 201
Timberline Commercial Real Estaw Braun Associates, Inc.
Office Office z f
Office Office kcmon
Area Office Office
'Coninlerd7 ,
Office Office w LEGEND
Office Office Common Space S.F.
1 Area q,s a a ~cr ti r
Residential 0
ew Residential 0
Office Visitor N
1
Office 2,250
- Commercial
Office Office Office Club Club Parking Club 240
- - - 0
Visitor Club Club Club ® New Office o
Visitor Club Club Club
Office Office Club
Office Office Club
~ 3 1 > ~
11 Club Spaces
20 Office Spaces Parking Plan
3 Visitor/Office Spaces
GATEWAY PLAZA RENOVATION
Basement Level - 2
Office Office Club 12Va11Road, Vail, Colorado Julc,2001
_
J ~ Timberline Commercial Real Estate Braun Associates, Inc.
Office Office Club
Office Office Club Club
Office Office Club Club
Office Office Club I I Club LEGEND (Nn Chanize)
.
Office Office Club Club Club Space S.F.
_ M Residential 0
Office Office Club Visitor Club ` New Residential 0
Conimmial 0
Resident Resident Club Visitor Club EMMA Parking Club 0
Office o
Club Visitor Resident New Office 0
Resident
Resident Resident Club Visitor Resident
Resident. Resident Resident I
Resident Resident Resident
suv.-xxue
17' Club Spaces
13 Residential Spaces
14. Office Spaces
4 Visitor/Office Spaces Parking Plan
GATEWAY PLAZA RENOVATION
Basement Level - 3
Club Club 12 Vail Road, Vail, Colorado June, 2MI
Club Club Timberline Commercial Kcal Estate Braun Associates, In,;.
Club
Club
' Club LEGEND (No Chanxe)
Club Club _ - Space S.F.
Residential 0
-C1Ut5 - Club - New Residential 0
Commercial 0
Parking Club 0
Office 0
® New Office 0
11 Club Spaces this level
I
Parking Plan
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
REGION 1 TRAFFIC SECTION OT
18500 East Colfax Avenue
Aurora, Colorado 80011
Tel (303) 757-9371 . q-61 W ULA 7
Fax (720) 859-1337
August 23, 2001
Robert W. McLaurin
Vail Town Manager
75 South Frontage Road
Vail, Colorado 81657
Dear Mr. McLaurin:
I have received your letter dated July 19, 2001, in which you asked CDOT to install warning signs for
the steep grades on westbound I-70 between Vail Pass and Exit 180 (East Entrance of Vail). At this
time, and in response to your letter, I can offer the following:
Nabil Haddad, from our Region Traffic Operations Unit, has conducted a field investigation of the area
on August 13, 2001. During the field investigation, it was determined that in addition to the Runaway
Truck Ramp signs and the reduced Speed Limit signs for heavy vehicles, there are currently four
different locations along westbound I-70 between Mile Markers (MM) 184 and 189.6 that warn traffic
of steep grades. The existing signs and their sizes and locations are:
1) Hill Sign, 4 ft. x 4 ft., (W7-1), at MM 189.6 close to Vail Pass (MM 190.0)
2) "Trucks Stay in Low Gear Next 8 Miles", 12 ft. x 5 ft., at MM 188.8
3) Hill Sign, 4 ft. x 4 ft., (W7-1), and "7% NEXT 7 MILES" plaque at MM 188.0
4) Hill Sign, 4 ft. x 4 ft., (W7-1), and "7% NEXT 4 MILES" plaque at MM 184.1
Please note that all the above signs will be replaced and upgraded in the near future as part of our
annual Signing Project. However, it was determined after the field investigation and per your request,
that additional signing could mitigate the truck noise and warn of steep grades prior to entering the
Town limits. Therefore, we have elected to replace sign # 4 above with a 10 ft. x 7 ft. sign that reads
"7% GRADE NEXT 4 MILES TRUCKS STAY IN LOWER GEAR". We will also add another 10 ft.
x 7 ft. sign at approximately MM 182 that reads "7% GRADE NEXT 2 MILES TRUCKS STAY IN
LOWER GEAR". This should provide trucks with improved visibility and alert them to the steep
grades ahead. Hopefully, this will also command the trucker's attention to hold a more constant speed
as they complete their decent on this long steep downgrade.
Also, and since the Town of Vail has already passed aNoise Ordinance Resolution, CDOT will install
two "Noise Ordinance" signs with the "Noise Ordinance Enforced" supplemental plaque underneath, at
approximately MM 181 and MM 183, just before reaching the Vail Town limits.
Robert W. McLaurin
August 23, 2001
Page 2
In addition, and as you may know, Governor Bill Owens signed House Bill # 00-1142 on May 26, 2000.
This Bill requires all commercial vehicles equipped with engine compression brakes, commonly called
"Jake" brakes, to have mufflers installed on the brakes. Commercial vehicles use engine compression
brakes rather than their conventional brake system to control the vehicle's speed and slow down the
vehicle. A commercial vehicle with a proper muffler should not exceed unreasonable noise levels. Any
person convicted of violating the requirement for an engine compression brake muffler would be
subject to a minimum $500 fine. Colorado State Patrol and the Port of Entries (Colorado Department of
Revenue) started enforcing this law beginning July 1, 2000. The Town of Vail Police may also wish to
enforce this law along I-70 within the Town limits. The Colorado State Patrol will provide training to
your law enforcement officials if requested to help determine correctly muffled jakes.
CDOT also has known about plans by the Town of Vail (Mr. Greg Hall) to install larger custom "Town
of Vail" signs along I-70 at the Town Limits. CDOT believes that the installation of such signs might
help the noise issue by alerting drivers to the fact that they are entering a town.
We expect to install the "Noise Ordinance" signs in the next 6 to 8 weeks. As for the steep grade signs,
the anticipated time frame is either late this fall or next spring.
We appreciate your suggestions regarding our State Highway system. If you have any questions please
contact me at (303) 757-9371.
Sincerely,
Jeffrey Ku man
Region 1 Transportation Director
cc: Pam Hutton, R-1 Traffic Engineer
Brian Pinkerton, R-1 Program Engineer
Ken DePinto, R-1 Traffic Operations
Jim Bemelen, R-1 Traffic Design
Chuck Loerwald, R-1 Maintenance
Jerry Brechlin, R-1 Traffic Operations
RF
File (VAIL SIGNS.doc)
ORDINANCE NO.21
SERIES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW
FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an
application for a revised major amendment to Special Development District No. 6, Vail Village Inn,
Phase IV; and
WHEREAS, Daymer Corporation has submitted this new application for a major amendment
to Special Development District No. 6 in response to an alleged error in the public notification of a
previously held public hearing, and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development District, Phase IV to allow for the construction of the
Vail Plaza Hotel; and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development objectives as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application;
and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and
1
Ordinance No. 21, Series of 2001
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 21, Series of 2001, is to adopt a revised Approved Development Plan
for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. The Approved
Development Plans for Phases I, 111 & V remain approved and unchanged for the development of
Special Development District No. 6 within the Town of Vail, unless they have otherwise expired.
Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled. Plannino Commission Reoort
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved Development Plan for
Phase IV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of the standard Public Accommodation zone district requirements.
Section 4. Develooment Standards - Special Development District No. 6, Vail Village Inn,
Phase IV, Vail Plaza Hotel
2
Ordinance No. 21, Series of 2001
Development Plan--
The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV,
Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates.,
Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
A. Site Illustrative Plan
B. Site Vignettes Key Plan (noted "for illustration purposes only')
C. Site Vignettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
1. Level One & 1 /2
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
0. Roof Plan
P. Roof Plan (Mechanical Equipment)
Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevation/East Plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heights/Interpolated Contours)
X. Building Height Plan 2 (Maximum Height Above Grade/Interpolated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
3
Ordinance No. 21, Series of 2001
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvements Plan
EE. Off-site Improvements Plan
Permitted Uses--
The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section
12-7 of the Vail Town Code.
Conditional Uses--
Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
.Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units -1
Accommodation Units - 99
Fractional Fee Club Units - 50
Type I I I Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Density-- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Setbacks--
Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'.
Height—
The maximum building height for Phase IV shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage--
4
Ordinance No. 21, Series of 2001
The maximum allowable site coverage for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping--
The minimum landscape area requirement for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading--
The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance.
In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other
than a tenant, occupant or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to
the approval of the Town of Vail.
Section 5. Aaaroval Aareements for Special Development District No. 6. Phase IV. Vail
Plaza Hotel
1. That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements,
Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan
to the Town of Vail Public Works Department for review and approval, prior to application for a
building permit.
2. That the Developer submits a detailed final landscape plan and final architectural elevations for
review and approval of the Town of Vail Design Review Board, prior to application for a building
permit.
3. The SDD approval time requirements and limitations of Section 12-9A-12 shall apply to
Ordinance No. 21, Series of 2001. In addition, the phasing of the construction of the hotel shall
not be permitted.
4. That the Developer submits the following plans to the Department of Community Development,
for review and approval, as a part of the building permit application for the hotel:
a. An Erosion Control and Sedimentation Plan;
b. A Construction Staging and Phasing Plan;
5
Ordinance No. 21, Series of 2001
C. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
5. That the Developer receives a conditional use permit to allow for the construction of 18, Type III
Employee Housing Units in Phase IV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of
floor area.
6. That the Developer submits a complete set of plans to the Colorado Department of
Transportation for review and approval of a revised access permit, prior to application for a
building permit.
7. That the Developer meets with the Town staff to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
8. That the Developer submits a complete set of plans responding to the design concerns
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12/13/99. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Review Board approval.
9. That the developer records a public pedestrian easement between the hotel and the Phase III
Condominiums and between the Phase V Building property lines. The easement shall be
prepared by the developer and submitted for review and approval of the Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy.
10. That the Developer record a deed-restriction, which the Town is a party to, on the Phase IV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked
if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions
for vehicle parking have been made to accommodate the public use of the spa. The restriction
shall be recorded prior to the issuance of a building permit.
11. That the Developer submits a final exterior building materials list, a typical wall-section and
complete color rendering for review and approval of the Design Review Board, prior to making
an application for a building permit.
6
Ordinance No. 21, Series of 2001
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
Certificate of Occupancy.
13. That the Developer submits a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design of the hotel and enclosed and screened
from public view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125%
of the total cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a building permit.
15. That the Developer installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts between
pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.
16. That the Developer studies and redesigns the entrance on the north side of the hotel across from
the entrance to the Gateway Building to create a more inviting entrance or a design that redirects
pedestrians to another entrance. The final design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below
ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached
the Developer shall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight
elevator access to the lowest level of the parking structure. The revised plans shall be submitted
to the Town of Vail Community Development Department for review and approval prior to the
issuance of a building permit.
19. That the Developer, in cooperation with the Town of Vail Public Works Department design and
construct a left-turn lane on Vail Road and reconfigure the landscape island in the South
Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certificate of Occupancy.
20. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facility shall not be
7
Ordinance No. 21, Series of 2001
unduly restricted for Special Development District No. 6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facility shall only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The final determination of the use of the facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer Improvement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit.
23. That the Developer record Type III deed-restrictions of each of the required employee housing
units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary
Certificate of Occupancy.
24. That the required Type III deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership transfer with the deed
to the hotel property.
Section 6. Approval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
1, 2003, and continue diligently toward the completion of the project. If the Developer does not begin
initial construction and diligently work toward the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect 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.
8
Ordinance No. 21, Series of 2001
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any
bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 21St day of August, 2001, and a public hearing for second
reading of this Ordinance set for the 4th day of September, 2001, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of
September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
9
Ordinance No. 21, Series of 2001
ORDINANCE NO. 22
Series of 2001
AN ORDINANCE REQUESTING AN INITIATIVE TO AMEND THE CHARTER OF
THE TOWN OF VAIL, COLORADO, BE PLACED ON THE NOVEMBER 6, 2001
BALLOT, CHANGING THE TEXT OF ARTICLE V, INITIATIVE AND REFERENDUM.
WHEREAS, the Petitioners have circulated a petition and submitted said
petition to the Vail Town Council to initiate the amendment of Article V of the
Home Rule Charter of the Town of Vail at the Regular Municipal Election to be
held on November 6, 2001; and
WHEREAS, the Town Council wishes to submit this amendment to the
Charter of the Town of Vail to the registered electors of the Town of Vail for
their vote at the next regular municipal election set for November 6, 2001 and
to set a ballot title for same.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, AS FOLLOWS:
1. The Ballot Title shall read:
SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE
AMENDED TO CHANGE ARTICLE V, INITIATIVE AND
REFERENDUM, TO CHANGE THE LANGUAGE THAT REFERS TO
ORDINANCE; FROM ORDINANCE TO COUNCIL ACTION AND
EXTENDING CERTAIN DEADLINES.
2. Upon an affirmative vote of the registered electors of the Town of Vail,
Article V, Initiative and Referendum, Sections 5.1 through 5.8, shall
be amended to read as follows:
(if the proposal is adopted, the language having a -&tril.athr-augh will be deleted
and the language having an underline will be added)
ARTICLE V
INITIATIVE AND REFERENDUM
Section 5.1 - General Authority:
1
(a) Initiative. The registered electors of the town shall have the power to
propose any ordinance to the council, in accordance with the provisions of this
article of the Charter. In the event council fails to adopt said proposed
ordinance without any change in substance, the said proposed ordinance shall
be submitted to the registered electors at a town election for their acceptance
or rejection.
(b) Referendum. The registered electors of the town shall have the power
to require reconsideration by the council of any ordinanse council action. For
the purpose hereof, "council action" is defined as either an ordinance, a
resolution or a motion. aii4-, If the council fails to repeal an afdinanse council
action so reconsidered, the electors of the town shall then have the power to
approve or reject it such council action at a town election, in accordance with
the provisions of this article of this Charter; provided that such power shall not
extend to the appropriation of any revenues, or council action calling a special
election, and any ordinance necessary for the immediate preservation of the
public peace, health, or safety.
Section 5.2 - Commencement Of Proceedings; Petitioners' Committee; Affidavit:
Any five (5) registered electors may commence initiative or referendum
proceedings by filing with the town clerk within fifteen (15) davs of council
action an affidavit stating they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in proper form stating their
names and addresses and specifying the addresses to which all notices to the
committee are to be sent and setting out in full the proposed initiative
ordinance or signing the eF4i ;gin c-° council action sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk shall
issue the appropriate petition blanks to the petitioners' committee.
2
Section 5.3 - Petitions:
(a) Number Of Signatures. Initiative petitions must be signed by
registered electors of the town in number to at least fifteen (15) percent of the
total number of electors registered to vote at the last regular municipal
election. Referendum petitions must be signed by registered electors of the
town equal in number to at least ten (10) percent of the total number of
electors registered to vote at the last regular municipal election.
(b) Form And Content. All pages of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature shall
be executed in ink or indelible pencil and shall be followed by the address of
the person signing. Petitions shall contain or have attached thereto throughout
their circulation the full text of the 3rdilna-nee council action proposed or
sought to be reconsidered.
(c) Affidavit Of Circulator. Each page of a petition shall have attached to
it when filed an affidavit executed by the circulator thereof stating that he
personally circulated the petition, the number of signatures thereon, that all
signatures were affixed in his presence, that he believes them to be the genuine
signatures of the persons whose names they purport to be and that each signer
had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
(d) Time For Filing Referendum Petitions. Referendum petitions must be
filed within thirty 0) fortv-five (45) days after adoption by the council of the
efdinan-ee council action sought to be reconsidered.
Section 5.4 - Procedures After Filing:
(a) Certificate Of Clerk; Amendment. Within ten (10) days after the
petition is filed, the town clerk shall complete a certificate as to its sufficiency,
3
specifying, if it is insufficient, the particulars wherein it is defective and shall
promptly send a copy of the certificate to the petitioners' committee by certified
mail. A petition certified insufficient for lack of the required number of valid
signatures may be amended once if the petitioners' committee files a notice of
intention to amend it with the clerk within two (2) days after receiving the copy
of his certificate and files a supplementary petition upon additional forms
within ten (10) days after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of subsection (b)
and (c) of Section 5.3, and within five (5) days after it is filed the clerk shall
complete a certificate as to the sufficiency of the petition as amended and
promptly send a copy of such certificate to the petitioners' committee by
certified mail as in the case of an original petition. If a petition or amended
petition is certified sufficient, or if a petition or amended petition is certified
insufficient and the petitioners' committee does not elect to amend or request
council review under subsection (b) of this section within the time required, the
clerk shall promptly present his certificate to the council, and the certificate
shall then be a final determination as to the sufficiency of the petition.
(b) Council Review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within two
(2) days after receiving the copy of such certificate, file a request that it be
reviewed by the council. The council shall review the certificate at its next
meeting following the filing of such request and approve or disapprove it, and
the council's determination shall then be a final determination as to the
sufficiency of the petition.
(c) Court Review; New Petition. A final determination as to the
insufficiency of a petition shall be subject to court review. A final determination
of insufficiency, even if sustained upon court review, shall not prejudice the
4
filing of a new petition for the same purpose. (Charter amd. 9-16-1997)
Section 5.5 - Referendum Petitions; Suspension Of Effect Of 9 dinar e Council
Action:
When a referendum petition is filed with the town clerk, the eF inaMce
council action sought to be reconsidered shall be suspended from taking effect.
Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition, or
2. The petitioners' committee withdraws the petition, or
3. The council repeals the ^or-dinanee council action, or
4. Certification of a favorable vote of the town on the efd:ncmae council
action.
5. Emergency ordinances shall continue in effect unless the majority of
the council votes to suspend the ordinance pending the election.
Section 5.6 - Actions On Petitions:
(a) Action By Council. When an initiative or referendum petition has been
finally determined sufficient, the council shall promptly consider the proposed
initiative ordinance in the manner provided in Article IV or reconsider the
referred ordinance by voting its repeal; provided, however, that the council
shall have power to change the detailed language of any proposed initiative
ordinance and to affix the title thereto, so long as the general character of the
measure will not be substantially altered; and provided further, that repeal of
any referred ordinance may be effected only by a three-fourths majority vote of
the entire council.
(b) Submission To Voters. The vote of the town on a proposed 3r rid
ordinance or referred council action shall be held not less than thi: x-(39}
fortv-five (45) days and not later than ninety (90) days from the date of the final
5
council vote thereon. If no regular town election is to be held within the period
prescribed in this subsection, the council shall provide for a special election;
otherwise, the vote shall be held at the same time as such regular election,
except that the council may at its discretion provide for a special election at an
earlier date within the prescribed period. Copies of the proposed 3r rued
ordinances or referred council action shall be made available to the public
within a reasonable time before the election and also at the polls at the time of
the election.
(c) Withdrawal Of Petitions. An initiative or referendum petition may be
withdrawn at any time prior to the thirtieth (30th) day preceding the day
scheduled for a vote of the town by filing with the town clerk a request for
withdrawal signed by a majority of the petitioners' committee. With the consent
of the majority of the council and upon the filing of such request, the petition
shall have no further force or effect and all proceedings thereon shall be
terminated.
Section 5.7 - Submission By Council:
The council on its own motion shall have the power to submit at a
regular or special election any proposed ordinance or any question to a vote of
the registered electors.
Section 5.8 - Results Of Election:
(a) Initiative. If a majority of the registered electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted upon
certification of the election results. If conflicting ordinances are approved at the
same election, the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
(b) Referendum. If a majority of the registered electors voting on a
6
referred erdinanee council action vote against it, it shall be considered repealed
upon certification of the election results.
(c) An ordinance adopted by the electorate may not be amended or
repealed for a period of six (6) months after the date of the election at which it
was adopted, and an ardinar ae council action repealed by the electorate may
not be reenacted for a period of six (6) months after the date of the election at
which it was repealed; provided, however, that any ordinance or council action
may be adopted or amended or repealed at any time by appropriate referendum
or initiative procedure in accordance with the foregoing provisions of this
article, or, if submitted to the electorate by the council on its own motion.
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.
4. The repeal or the repeal and reenactment of any provision of the Vail
Municipal 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 repealed or repealed and
reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
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, this 21st day of August, 2001. A public hearing
shall be held hereon on the this 21 st day of August, 2001 at the regular meeting of
the Town Council of the Town of Vail, Colorado, in the Municipal Building of the
Town.
7
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED in full this 4th day of September, 2001.
Ludwig, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
8
MEMORANDUM
TO: Vail Town Council
FROM: Bob McLaurin, Town Manager
RE: Town Manager's Report
DATE: September 4, 2001
Westhaven Drive Reconstruction Budaet Auaroval
As we discussed last week, the Town of Vail bid a reconstruction of Westhaven
Drive. The bid included the base bid and two alternates. Alternate #1 included
lowering the existing street beneath the Cascade Club pedestrian bridge from 13
feet 6 inches to 15 feet. Alternative #2 include the relocation of existing boulders
along the southern edge of pavement of Westhaven Drive in front to the Mill
Race Condos. This would improve site distance and traffic safety.
We are continuing to negotiate with both bidders at this time. However, in order
to move this project forward in a timely manner, we are asking for authorization
for this project to proceed. We are requesting of Council at this time that the
project budget be increased by $10,000 for a total of $210,000.
This would provide the funds necessary to complete the base construction,
address the site distance concern, and to provide some degree of improvement
at the pedestrian bridge. It also includes $15,000 for material testing and
contingency.
We are unable to recommend a specific contractor at this time because of
additional work being proposed by Cascade Village. Therefore, we are
requesting a project budget of $210,00 and will advise the Council as to the
preferred contractor once we have resolved these other issues.
UPCOMING ITEMS:
September 11. 2001. Work Session
Town Manager's Budget/Budget Overview
Property Tax Issue
Revenue Budget
Capital Projects Discussion
Quarterly Meeting for the Vail Local Marketing District
DRB/PEC Report
AIPP Request
September 18. 2001 Work Session
Interviews for Appeals Board
Continuation of RETT Project Discussion
Revisit dog park
VLHA - Discussion on Lease & Deed Restrictions proposed to Devlopers
East Vail Open Space Rezoning Ordinance Discussion
"Clean Up" Ordinance Discussion
September 18. 2001 Evenina Meetinq
Community Survey Update
Appointment of Appeals Board
East Vail Open Space Rezoning Ordinance, V t reading
"Clean Up" Ordinance, 18t reading
Approval of Aug. 7t" and 21St minutes
Supplemental Ordinance, 2nd reading
Gateway SDD Ordinance, 2nd reading
September 25. 2001 Work Session
Donovan Park Walkabout
Highland Meadows Annexation Discussion
Business Index Discussion
DRB/PEC Report
MEMORANDUM
TO: Vail Town Council
FR: Bob McLaurin A4----
Town Manager
DT: August 31, 2001
RE: COUNCIL TERM RECAP & TRANSITION
With the end of summer, the Council election is two months away. As we move
toward November, I wanted to take this opportunity to work with you on
improving the effectiveness of the Town organization.
I realize (more than most) that being an elected official in Vail is a very difficult
and thankless job. In fact, this job has becoming increasing difficult with each
passing year. This council has faced enormous challenges in the last two years,
as have we as an organization at large - challenges to do more with less, to build
bridges in an increasingly fractionalized community, to make tough decisions, to
increase communication and partnership with the community, and to lead
effectively. Many people predict our challenges will only become more rigorous
in the days ahead.
With the ending of this council's term around the corner, I would like to take the
opportunity to hear your perspectives and gain your insights on a number of
issues you faced over the last two years. The goal of this exercise is to identify
those things that seem to be working at the council and organizational levels, to
build a stronger bridge between the two levels, to create stronger relations
between the community and the organization, and to proactively plan for the
transition to next town council and the coming council term.
I have asked Caroline Fisher to assist us with this process. This process will
take place in the form of interviews conducted with both council members and
staff during the month of September. Following the interviews, I have Caroline
to draft a report with suggestions for the organization to help us be more
effective with the new council and council term.
Although the interview questions have not yet been finalized, they will be
designed to receive your perspectives in numerous arenas including:
• What do you consider the most important council successes over the last two
years?
• What do you consider your most important individual successes as a council
member over the last two years?
• What were the organization's most important successes over the last two
years?
• What seemed to most support success and effectiveness at the council team
level? For you at the individual level?
• What seemed to most hinder success and effectiveness at the council team
level? For you at the individual level?
• Describe the ideal relationship between the council and the town manager.
• Describe the ideal relationships between the council and the organization at
large.
• What were the most important things you learned as a council member in the
last two years? As a leader? As a team member?
• What do you wish you would have accomplished but were unable to in the
last two years? Why do you feel you were unable to accomplish this?
• What advice would you give to the incoming council?
• What advice would you give to the organization to best support the incoming
council?
Again, these questions are formulated for the purpose of learning from our last
two years of working together and applying those [earnings to the days ahead.
Your insights will be vital for this process and I thank you in advance for investing
the time.
NEXT STEPS
SETTING UP THE INTERVIEW: You will receive a phone call from Caroline
Fisher within the next two weeks to set up a time for your conversation.
INTERVIEW LENGTH: The interview should take no more than one hour and
can be conducted either in person or by phone.
DEADLINE: I have asked that all interviews be completed by the end of
September - with a report generated in October and in time for the incoming
council.
If you have any questions about this process, don't hesitate to call me. Again,
thank you for supporting us in our continual improvement.
ORDINANCE NO. 26
SERIES OF 2001
AN ORDINANCE APPOINTING THE VAIL LOCAL HOUSING AUTHORITY
AS SPECIAL FIDUCIARY AGENT TO IMPLEMENT THE MOUNTAIN BELL
PROJECT
WHEREAS, the Town Council of the Town of Vail recognized the need for a housing
authority and by passage of Resolution 25 Series of 1990, created the Vail Local Housing
Authority in accordance with Colorado law; and
WHEREAS, the Town Council of the Town of Vail, acting ex-officio, as the Vail Local
Housing Authority issued a request for proposal for a rental development for employees working
in the Vail Valley and a permanent facility for a child education center; and
WHEREAS, the request for proposal solicited bids for a developer to design, develop,
build, own (subject to land lease) operate and maintain such project; and
WHEREAS, the Town Council appointed new members of the Vail Local Housing
Authority (VLHA) pursuant to Colorado law to complete and implement the project; and
WHEREAS, the VLHA is owner representative for the Town of Vail with respect to a
portion of the Mountain Bell Site owned by the Town of Vail; and
WHEREAS, the VLHA was asked by the Town of Vail to complete the request for
proposal process, select the developer and negotiate, consummate and manage a Development
Agreement for the project; and
WHEREAS, the VLHA requires authority from the Town Council to act as the Town's
owner representative, to complete the Development Agreement and to implement its terms with
the Developer; and
WHEREAS, the Development Agreement will provide that the project require approval
by the Town for conformance with all public approvals independent of the other agreements
covered in this Ordinance (PEC, DRB).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO that:
Section 1. The Vail Local Housing Authority is hereby appointed as Special
Fiduciary Agent to:
a. implement the terms of the Development Agreement for the development of the
Project dated August 30, 2001, and executed by VLHA on behalf of the Town;
b. in accordance with the Development Agreement, make, enter into, execute and
perform on behalf of the Town, the Land Lease and Deed Restriction pursuant to the
terms of the Development Agreement and in accordance with the goals of the Town
set forth in the RFP;
c. Generally, to monitor and enforce, on behalf of the Town, the ongoing compliance of
the Developer under the Development Agreement, the Land Lease and the Deed
Restriction.
Section 2. The Town Council hereby ratifies and approves the Development
Agreement dated August 30, 2001, and executed by VLHA.
Section 3. To provide a process to ensure ongoing compliance and communication
between VLHA and the Town Council regarding any disputes concerning VLHA's special
agency, the Town's review of such performance shall incorporate the following mediation and
arbitration process:
If a dispute arises out of or relates to this Ordinance, and if the dispute cannot be settled
through negotiation, the Parties agree first to try in good faith to settle the dispute by non-binding
mediation administered by a mediator mutually selected by the Parties prior to resorting to
binding arbitration or litigation. In the event the Parties cannot agree upon a mediator, the
mediation shall be administered through the American Arbitration Association. Any controversy
or claim arising out of or relating to this appointment as special agent, which cannot be resolved
by the aforesaid mediation shall be settled by binding arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute
arises prior to completion of the Project, to the extent practicable the work shall continue
unabated while the dispute is being resolved.
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 affect 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 5. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail 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 proceedings as commenced under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 6. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 4th day of September, 2001, at 7:00 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk