HomeMy WebLinkAbout2008-0324 PECPLANNING AND ENVIRONMENTAL COMMISSION
March 24, 2008
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Commission Training, Lunch will be served
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Solar Vail — 501 North Frontage Road West
2. Vail Cascade Resort and Spa — 1300 Westhaven Road
Driver: Scot
12:30pm
1:OOpm
A request for a final review for a development plan, pursuant to Section 12-61-11, development
Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10,
Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-
16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses,
Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to
include Type VI employee housing units, professional offices, and public utilities installations
including transmission lines and appurtenant equipment, located at 501 North Frontage Road
West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052
and PEC080013)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall
Architects, P.C.
Planner: Scot Hunn
ACTION:
MOTION: SECOND: VOTE:
2. A request for a final recommendation to the Vail Town Council on a major amendment to Special
Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and
Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village
Subdivision, and setting forth details in regard thereto. (PEC080007)
Applicant: L.O. Holding, Inc., represented by JG Johnson Architects
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
3. A request for a final review of a variance from Section 14-3-1, Residential and Commercial
Access, Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a driveway in excess of the maximum allowable grades, located at 660
West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard
thereto. (PEC080011)
Applicant: Lion Square Lodge North Condominium Association, represented by Viele
Development, LLC
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
4. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Planners: Warren Campbell/Scot Hunn
ACTION: Table to April 14, 2008
MOTION: SECOND: VOTE:
5. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of
the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the
Master Plan referencing the North Day Lot recommendations and requirements to facilitate the
redevelopment of the site with an employee housing project, transportation center, and future
development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080008)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to April 14, 2008
MOTION: SECOND: VOTE:
6. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior
Alterations Or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted
And Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North
Day Lot with a structure containing Type III employee housing units, located at 600 West
Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard
thereto. (PEC080009)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to April 14, 2008
MOTION: SECOND: VOTE:
7. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional
Uses; Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to
facilitate the construction of a public building, grounds, and facilities (transportation center) on
the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080010)
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
ACTION: Table to April 14, 2008
MOTION: SECOND: VOTE:
8. Approval of March 10, 2008 minutes
MOTION: SECOND: VOTE:
Page 2
9. Information Update
10. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published March 21, 2008, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 24, 2008
SUBJECT: A request for a final review for a development plan, pursuant to Section
12-61-11, Development Plan Required, Vail Town Code; a request for final
review of a variance from Section 12-21-10, Development Restricted,
pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16,
Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3,
Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar
Vail into a mixed use development to include Type VI employee housing
units, professional offices, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North
Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth
details in regard thereto. (PEC070052 and PEC080013)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey
Pratt Schultz Lindall Architects, P.C.
Planner: Scot Hunn
I. SUMMARY
The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt
Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail
Planning and Environmental Commission for a development plan, a variance and
associated conditional use permits for the re-development of the Solar Vail
property into a mixed use project, located at 501 North Frontage Road West, Lot
8B, Block 2, Vail Potato Patch.
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the site specific
development plan, pursuant to Section 12-61-11, Development Plan Required,
Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant
equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato
Patch, and setting forth details in regard thereto.
The Community Development Department recommends the Planning and
Environmental Commission approves the variations from the development
standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks;
Section 12-61-8, Parking and Loading; and Section 12-10-20, Special Review
Provisions, Vail Town Code, to allow for certain variations to setback and parking
standards.
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of a variance
from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal, to allow for
development within slopes in excess of 40%, located at 501 North Frontage
Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard
thereto.
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of conditional
uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for
Type VI employee housing units, professional offices, and public utilities
installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting
forth details in regard thereto.
II. DESCRIPTION OF THE REQUEST
The Solar Vail property currently serves exclusively as employee housing for the
Sonnenalp Hotel operations. The applicant, in proposing this re-development,
intends to maintain and expand this use as a direct nexus to employee housing
needs generated by operation of the Sonnenalp Hotel in the Vail Village.
Specifically, the applicant proposes this re-development to proactively address,
the current and future employee housing needs generated by the hotel
operations. As well, the applicant has proposed, as a possible means to finance
re-development of the site, to sell deed restrictions tied to units developed on the
site to other businesses or developers in need of "off-site" employee housing
mitigation in the future.
The property has been re-zoned from the High Density Multi-Family (HDMF)
District to the Housing (H) District, and a text amendment to the Housing District
allowing for "Professional Offices and Business Offices" as conditional uses has
been approved by the Vail Town Council. Such re-zoning and text amendments
were requested to better facilitate the development of a significant number of
employee housing units within the Town of Vail and to allow for the review of
certain proposed conditional uses proposed as secondary and incidental to the
use of employee housing.
Key components of the current proposal include:
• Demolition of two existing, three-story buildings containing 24 dwelling
units, originally constructed in 1976;
• Development of a new building containing 87,818 (gross) square feet;
• Eight stories, inclusive of two levels of structured parking;
• A maximum building height of 84 feet;
• Eighty-two (82) deed restricted, Type VI employee housing units on five
floors for primary use by employees of the Sonnenalp Hotel;
• Development of approximately 4,850 square feet of office space on the
first level; deed restricted linkage is proposed between office space (lease
agreement) and dedicated EHUs within the building; one or two units are
proposed to be "attached" to office space lease agreements and will be
made part of an on-site employee housing management plan;
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• Creation of seventy three (73) and enclosed parking spaces on two levels
of underground parking (separated for office and residential uses) and
eight (8) surface parking spaces for a total of eighty-one (81) parking
spaces on-site;
• Improved site access, driveway grades and the provision of emergency
services turn-around (heated hammer head) and staging areas;
• Preservation of the existing earthen berm and vegetation located between
the existing parking lot and North Frontage Road;
• Replacement and upgrade of existing telecommunication antenna "farm"
(to be better integrated into new architectural features of building); and
• Installation of fencing and landscaping between the Solar Vail property
and the adjacent Red Sandstone Elementary School property.
The Solar Vail development proposal is comprised of three (3) separate
development review applications. Each application is intended to facilitate the re-
development proposal. The development applications include, but may not be
limited to:
A Development Plan application for development within the
Housing (H) district;
A Variance application for development on slopes in excess of
40%; and
A Conditional Use Permit application for:
o"Professiona/ Office Uses" located on the office level of the
structure;
o"Public Utilities Installations including Transmission Lines
and Appurtenant EquipmenY' (cellular communication
antennae); and
o"Type VI Employee Housing Units".
In addition, the applicant is requesting "variations" to certain development
standards, as permitted at the discretion of the Planning and Environmental
Commission during review of any development proposal within the Housing
District. Specifically, the applicant is requesting variations to:
Setbacks — from 20 feet to approximately 4' feet between the
proposed structure and the west property line; and
Parking — from 106 required spaces (per Section 12-10-10, Vail
Town Code), to 81 proposed for both residential and office uses;
The applicant has provided responses to conditional use review criteria for
employee housing units, professional business offices and public utility (cellular
communication antennae) uses. In addition, the applicant has provided written
responses and justification to variations requested from setback and parking
standards, as well as a written response to variance criteria applicable to a
requested variance from Section 12-21-10, Development Restricted.
A vicinity map identifying the location of the development site has been attached
for reference (Attachment A). A copy of the document entitled Tear pown and
Re-build of Solar Vail Emplovee Housinq dated January 28, 2008 (Attachment
B), and a reduced set of plans dated March 3, 2008, is attached for reference
(Attachment C).
III. BACKGROUND
The subject property was annexed into the Town of Vail by Ordinance No. 8,
Series of 1969, which became effective on August 23, 1969. The Solar Vail
buildings were initially developed as an employee housing project in 1976 and
has served (exclusively) as the off-site employee housing for the Sonnenalp
Hotel. These buildings were subsequently approved for use as a
telecommunications (cell) antenna "farm" site; housing multiple antennae for
various co-users or providers. Today, this telecommunications site provides a
critical communications link for residents, guests and travelers within the Vail
area.
On August 27, 2007, the Town of Vail Planning and Environmental Commission
held a work session to discuss plans for a similarly designed building. At that
time, the applicant was proposing sixty-three (63) employee housing units
(EHUs) and 4,700 square feet of professional office space. Two levels of parking
were proposed, with a total of 71 parking spaces proposed. The Commission
was generally supportive of the propose plans and provided the following
feedback to the applicant:
• The applicant should study building mass and, specifically,
provide for more of a"break" in the ridge line of the roof structure;
• The applicant should study loading, delivery and trash storage and
removal; and
• The requested variation to parking standards is generally
supportable in order to facilitate private development of employee
housing within the Town, and in specific response to avoiding
development on slopes in excess of 40%.
On October 2, 2007, the Vail Town Council granted "Permission to Proceed"
through the development review process, and specifically to allow the applicant
to develop plans for access to the Solar Vail site that included driveway, retaining
wall and grading improvements on Town owned land (Tract A) adjacent to Lot
8B, Vail Potato Patch. The applicant showed a design at that time that included
substantial disturbance on Tract A, beyond that which exists today for the current
driveway into the Solar Vail property. Since that meeting, the applicant has
revised the plans to use the existing road/curb cut for Solar Vail and thus,
substantially reduce the amount of disturbance proposed on Tract A while
providing improved access grades and angles off of North Frontage Road.
On December 4, 2007, the Vail Town Council voted unanimously to approve two
separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35,
Series of 2007, on second reading. Ordinance No. 34 approved an amendment
to the Official Zoning map for the Town of Vail, effectively re-zoning the subject
property from the High Density Multi-Family (HDMF) District to the Housing (H)
District. Ordinance No. 35, approved a text amendment for the Housing District
to specifically allow for "Professional Offices and Business Offices" as conditional
uses within the Housing District.
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Both the re-zoning of the property and the subsequent text amendment were
requested to better facilitate the re-development of the site and, specifically, to
allow a higher degree of flexibility in the design and layout of the site to
accommodate a significant number of employee housing units and to allow for
the review of certain proposed conditional uses.
Since proceeding through the re-zoning and text amendment process, the
applicant has revised the plans for the development, introducing slightly revised
building orientation, and roof forms (broken ridge and revised dormer designs).
In addition, the plans now show a slightly taller building with increased density,
as well as, a revised subterranean parking design. The building (Office Level)
has been raised approximately 2 feet, and the roof pitch has increased from 8' in
12' to 9' in 12'. These two changes have resulted in the building height being
raised 2.7 feet. The access plan has been changed to minimize any new road
cuts and the driveway configuration has been revised significantly to improve
access (grade and entry angle), provide a hammer head for turn around while
minimizing disturbance on Town owned Tract A.
On February 25, 2008, the Planning and Environmental Commission held a work
session with the applicant. The Commission discussed the building bulk, mass,
scale and height, as well as proposed parking and setback variations requested
by the applicant. There was general support for the proposed project and
concerns expressed regarding the need for further separation between the Solar
Vail property and the adjacent school site. Also, one Commissioner suggested
that the applicant work to revise the plans to ensure that the building has a more
formal "entry", while another expressed support for the idea of working with the
School District to ensure that a fence and landscaping could be provided
between the Lot 8B (Solar Vail) and Lot 8A, Red Sandstone Elementary School
site to address the School District's concerns regarding Solar Vail residents
crossing the school property en-route to the pedestrian bridge and bus stop.
Since that meeting, the applicant has revised the plans to address several issues
discussed at the February 25, 2008 meeting. In addition, the applicant has
revised the plans to provide four (4) more parking spaces within the structure.
At the regular Planning and Environmental Commission meeting of March 10,
2008, the applicant requested a tabling in order to address Staff concerns
regarding development of a small portion of the proposed building within areas of
40% slope. In accordance with Section 12-21-14, Right of Appeal, Vail Town
Code, the applicant has submitted a variance application to allow for
development within previously disturbed areas of Lot 8B that are in excess of
40% slope.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission in reviewing various applications
submitted on behalf of Sonnenalp Properties, Inc.
A. Development Plan Review in the Housinq (H) zone district
The Planning and Environmental Commission is responsible for final
approval/denial of a Development Plan. The Planning and Environmental
Commission shall review the proposal for compliance with the adopted
criteria. The Planning and Environmental Commission's approval "shall
constitute approva/ of the basic form and /ocation of improvements
including siting, building setbacks, height, building bulk and mass, site
improvements and /andscaping. "
B. Conditional Use Permit (CUP)
The Planning and Environmental Commission is responsible for final
approval/denial of any conditional use permit. The Planning and
Environmental Commission shall review the request for compliance with
the adopted conditional use permit criteria and make findings of fact with
regard to the project's compliance. Generally, the Planning and
Environmental Commission is responsible to ensure that any uses
permitted are located properly, to assure compatibility and harmonious
development between conditional uses and surrounding properties and
the town at large.
V. APPLICABLE DOCUMENTS
Staff has provided portions of the Vail Town Code and several master plans
which are relevant to the proposed topics for this final plan review.
Title 12: Zoninq Requlations
Chapter 6: Housing (H) Zone District (in part)
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the deve/opment standards
prescribed for other residentia/ zone districts. It is necessary in this zone district
to provide development standards specifically prescribed for each deve/opment
proposa/ or project to achieve the purposes prescribed in section 12-1-2 of this
tit/e and to provide for the public we/fare. Certain nonresidential uses are
allowed as conditional uses, which are intended to be incidenta/ and secondary
to the residential uses of the district. The housing district is intended to ensure
that employee housing permitted in the zone district is appropriately located and
design to meet the needs of residents of Vail, to harmonious 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:
Bicycle and pedestrian paths.
Deed restricted emp/oyee housing units, as further described in chapter
13 of this tit/e.
Passive outdoor recreation areas, and open space.
12-61-3: COND/T/ONAL USES: The following uses shall be permitted in H
district, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Tit/e:
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"Commercial uses which are secondary and incidental (as determined by
the planning and environmenta/ commission) to the use of employee
housing and specifically serving the needs of the residents of the
deve/opment, and deve/oped in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Hea/th clubs.
Persona/ services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by
Section 12-16-7 of this title.
Dwelling units (not emp/oyee housing units) subject to the following
criteria to be evaluated by the planning and environmenta/ commission:
A. Dwelling units are created so/ely for the purpose of subsidizing
emp/oyee housing on the property, and
8. Dwelling units are not the primary use of the property. The GRFA
for dwelling units shall not exceed thirty percent (30%) of the total
GRFA constructed on the property, and C. Dwelling units are only
created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and
buildings on the site and are compatible with buildings and uses on
adjacent properties.
Outdoor patios.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public parks and recreationa/ facilities.
Public utilities installations including transmission lines and
appurtenant equipment.
Type VI employee housing units, as further regulated by chapter 13
of this title. "
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from
the perimeter of the zone district. At the discretion of the p/anning and
environmenta/ commission, variations to the setback standards may be approved
during the review of a deve/opment plan subject to the applicant demonstrating
compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geo/ogically 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 re/ationship 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.
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Variations to the twenty foot (20) 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 p/anning and environmenta/ commission pursuant to Chapter 17
of this tit/e.
12-61-6: S/TE COVERAGE: Site coverage shall not exceed fifty five percent
(55%) of the tota/ site area. At the discretion of the planning and environmental
commission, site coverage may be increased if seventy five percent (75%) of the
required parking spaces are underground or enc/osed, thus reducing the impacts
of surface paving provided within a deve/opment, and that the minimum
landscape area requirement is met.
12-61-7: LANDSCAPE AND S/TE DEVELOPMENT: At /east thirty percent (30%)
of the tota/ site area shall be /andscaped. 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: PARK/NG AND LOAD/NG: Off street parking shall be provided in
accordance with Chapter 10 of this tit/e. No parking or loading area shall be
located within any required setback area. At the discretion of the planning and
environmenta/ commission, variations to the parking standards outlined in
Chapter 10 of this tit/e may be approved during the review of a deve/opment p/an
subject to a parking management plan. The parking management plan shall be
approved by the planning and environmenta/ 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 tit/e would require. For examp/e, a
demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of a/ternative modes of transportation
including, but not limited to, public transit or shutt/e services.
B. A limitation p/aced 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, shutt/e service, or staggered
work shifts.
12-6/-9: LOCAT/ON OF BUS/NESS ACTIVIT/ES:
A. Limitation; Exception: All conditional uses by section 12-61-3 of this
artic/e shall be operated and conducted entirely within a building,
except for permitted /oading areas and such activities as may be
specifically authorized to be unenc/osed 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 /ocated 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:
A. Prescribed By P/anning And Environmenta/ Commission: In the H
district, deve/opment standards in each of the following categories
shall be as proposed by the applicant, as prescribed by the p/anning
0
and environmenta/ commission, and as adopted on the approved
deve/opment plan
1. Lot area and site dimensions.
2. Building height.
3. Density control (including gross residentia/ f/oor area).
12-61-11: DEVELOPMENT PLAN REQU/RED:
A. Compatibility with Intent: To ensure the unified deve/opment, the
protection of the natura/ environment, the compatibility with the
surrounding area and to assure that deve/opment in the housing
district will meet the intent of the zone district, an approved
deve/opment plan shall be required.
8. P/an Process and Procedures: The proposed deve/opment plan shall
be in accordance with section 12-61-12 of this article and shall be
submitted by the deve/oper to the administrator who shall refer it to
the planning and environmenta/ commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the p/anning and environmental
commission shall be he/d in accordance with section 12-3-6 of this
tit/e. The planning and environmenta/ commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the planning
and environmenta/ commission may be appea/ed to the town council
in accordance with section 12-3-3 of this tit/e.
D. P/an As Guide: The approved deve/opment p/an shall be used as the
principa/ guide for all deve/opment within the housing district.
E. Amendment Process: Amendments to the approved deve/opment
plan will be considered in accordance with the provisions of section
12-OA-10 of this tit/e.
F. Design Review Board Approva/ Required: The deve/opment plan and
any subsequent amendments thereto shall require the approva/ of the
design review board in accordance with the applicab/e provisions of
chapter 11 of this tit/e prior to the commencement of site preparation.
12-61-13: DEVELOPMENT STANDARDS/CR/TER/A FOR EVALUAT/ON:
The following criteria shall be used as the principal means for evaluating a
proposed deve/opment plan. It shall be the burden of the applicant to
demonstrate that the proposed deve/opment plan complies with all applicab/e
design criteria:
A. Building design with respect to architecture, character, sca/e, massing
and orientation is compatib/e with the site, adjacent properties and the
surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and
located to produce a functiona/ deve/opment plan responsive to the
site, the surrounding neighborhood and uses, and the community as a
who/e.
C. Open space and /andscaping are both functiona/ and aesthetic, are
designed to preserve and enhance the natura/ 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.
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D. A pedestrian and vehicular circulation system designed to provide
safe, efficient and aesthetically pleasing circulation to the site and
throughout the deve/opment.
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 imp/emented as a part of
the proposed deve/opment plan.
F. Compliance with the Vail comprehensive p/an and other applicab/e
plans.
Chapter 10: Off Street Parking and Loading
12-10-20: SPEC/AL REV/EW PROVIS/ONS:
Notwithstanding the provisions of section 12-10-10 of this chapter, the planning
and environmenta/ commission may approve a reduction to the number of
required spaces specified in section 12-10-10 of this chapter, provided a report
documenting the presence of unique parking characteristics is provided by a
qualified consultant and the following findings are made by the p/anning and
environmenta/ commission:
A. The parking demand will be /ess than the requirements identified in
section 12-10-10 of this chapter,� and
B. The probab/e long term use of the building or structure, based on its
design, will not generate additional parking demand; and
C. The use or activity is part of a demonstrated permanent program
(including, but not limited to, "rideshare" programs, shutt/e service, or
staggered work shifts) intended to reduce parking demand that has been
incorporated into the project's final approved deve/opment plan; and
D. Proximity or availability of a/ternative modes of transportation (including,
but not limited to, public transit or shutt/e services) is significant and
integra/ to the nature of the use or business activity.
In reaching a decision, the p/anning and environmenta/ commission shall
consider survey data submitted by a qualified transportation planning or
engineering consultant. Projects under "special review" are subject to additional
scrutiny by the p/anning and environmenta/ commission after deve/opment plan
approval if it is deemed necessary to verify continued compliance with the above
listed criteria. The maximum allowable reduction in the number of required
spaces shall not exceed twenty five percent (25%) of the total number required
under section 12-10-10 of this chapter.
Chapter 12: Environmental Impact Reports
12-12-2: APPL/CAB/L/TY
An environmental impact report shall be submitted to the administrator for any
project for which such a report is required by federa/ or state /aw, or for any
project which the administrator determines may significantly change the
environment, either during construction or on a continuing basis, in one or more
of the following respects:
10
A. A/ters an eco/ogical unit or land form, such as a ridgeline, sadd/e, draw,
ravine, hillside, cliff, s/ope, creek, marsh, watercourse, or other natural
landform feature.
8. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground.
C. A/ters or removes native grasses, trees, shrubs, or other vegetative
cover.
D. Affects the appearance or character of a significant scenic area or
resource, or involves buildings or other structures that are of a size, bulk,
or sca/e that would be in marked contrast to natura/ or existing urban
features.
E. Potentially results in avalanche, landslide, siltation, sett/ement, f/ood, or
other land form change or hazard to hea/th and safety.
F. Discharges toxic or thermally abnorma/ substances, or involves use of
herbicides or pesticides, or emits smoke, gas, steam, dust, or other
particulate matter.
G. Involves any process which results in odor that may be objectionable or
damaging.
H. Requires any waste treatment, cooling, or sett/ement pond, or requires
transportation of solid or liquid wastes to a treatment or disposa/ site.
1. Discharges significant volumes of solid or liquid wastes.
J. Has the potentia/ to strain the capacity of existing or p/anned sewage
disposal, storm drainage, or other utility systems.
K. Involves any process which generates noise that may be offensive or
damaging.
L. Either displaces significant numbers of peop/e or results in a significant
increase in population.
M. Preempts a site with potential recreationa/ or open space value.
N. A/ters /oca/ traffic patterns or causes a significant increase in traffic
volume or transit service needs.
O. /s a part of a/arger project which, at any future stage, may involve any of
the impacts listed in this section.
12-12-3: EXEMPT PROJECTS
An environmental impact report shall not be required for the following projects:
A. A/teration, repair and maintenance of existing structures and site
improvements.
8. A phase of a project for which an environmental impact report previously
was submitted and reviewed covering the entire project, provided that the
project was approved and not subsequently a/tered.
C. A project which, on the basis of a preliminary environmenta/ assessment
covering each of the factors prescribed in section 12-12-2 of this chapter
is found to have an insignificant impact on the environment. The
preliminary environmenta/ assessment and the finding on environmental
impact shall be made by the administrator.
Chapter 16: Conditional Uses (in part):
12-16-1: PURPOSE; LIMITAT/ONS: In order to provide the f/exibility necessary
to achieve the objectives of this tit/e, specified uses are permitted in certain
districts subject to the granting of a conditional use permit. Because of their
unusua/ or special characteristics, conditional uses require review and evaluation
11
so that they may be /ocated properly with respect to the purposes of this tit/e and
with respect to their effects on surrounding properties. The review process
prescribed in this chapter is intended to assure compatibility and harmonious
deve/opment between conditional uses and surrounding properties and the town
at /arge. Uses listed as conditional uses in the various districts may be permitted
subject to such conditions and limitations as the town may prescribe to ensure
that the /ocation and operation of the conditional uses will be in accordance with
deve/opment objectives of the town and will not be detrimenta/ to other uses or
properties. Where conditions cannot be devised to achieve these objectives,
applications for conditional use permits shall be denied.
12-16-6: CR/TER/A; FIND/NGS (in part):
A. Factors Enumerated: Before acting on a conditional use permit application,
the p/anning and environmental commission shall consider the following
factors with respect to the proposed use:
1. Re/ationship and impact of the use on deve/opment objectives of the
town.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schoo/s, 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 f/ow and control,
access, maneuverability, and remova/ of snow from the streets and
parking areas.
4. Effect upon the character of the area in which the proposed use is to
be /ocated, including the sca/e and bulk of the proposed use in
re/ation to surrounding uses.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this tit/e.
8. Necessary Findings: The planning and environmenta/ commission shall
make the following findings before granting a conditional use permit:
1. That the proposed /ocation of the use is in accordance with the
purposes of this tit/e and the purposes of the zone district in which the
site is /ocated.
2. That the proposed /ocation of the use and the conditions under which
it would be operated or maintained will not be detrimenta/ to the public
hea/th, safety, or we/fare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions of this tit/e. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord.
22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600)
12-16-7: USE SPEC/F/C CR/TER/A AND STANDARDS (in part):
15. Business Offices and Professiona/ Offices in the Housing (H) District:
a. Business and professiona/ offices shall be secondary to the residential
use of the District. The net f/oor area of the office use shall be not
greater than 15% of the net f/oor area of the deve/opment site.
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b. The sa/e of inerchandise shall be prohibited.
c. Off-street parking shall be provided in accordance with the provisions
of Chapter 12-10 of this tit/e and shall be clearly separate from the
area designated for residential parking.
d. No overnight parking or storage of commercial vehic/es associated
with the professional or business office use shall be permitted.
e. Signage shall be permitted in accordance with Section 11-6-3-A:
Business Signs within Sign District 1(Tit/e 11: Sign Regulations, Vail
Town Code) and shall be subject to design review.
f. The number of employees allowed in a business office or professional
office within the Housing District shall not exceed one employee for
each 200 square feet of net f/oor area.
g. Homeowner Association or property owner approva/ shall be required
of all Conditiona/ Use Permit applications for a Professiona/ Office or
a Business Office within the Housing (H) District pursuant to Section
12-11-4: B:D, Application Form, Vail Town Code.
Chapter 17: Variances
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to /essen such
practica/ difficulties and unnecessary physical hardships inconsistent with
the objectives of this tit/e as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A
practica/ difficulty or unnecessary physical hardship may result from the
size, shape, or dimensions of a site or the location of existing structures
thereon; from topographic or physical conditions on the site or in the
immediate vicinity,� or from other physical limitations, street /ocations or
conditions in the immediate vicinity. Cost or inconvenience to the applicant
of strict or litera/ compliance with a regulation shall not be a reason for
granting a variance.
8. Deve/opment Standards Excepted: Variances may be granted only with
respect to the deve/opment standards prescribed for each zone district,
including /ot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage,
usable open space, landscaping and site deve/opment, and parking and
loading requirements; or with respect to the provisions of Chapter 11 of this
tit/e, governing physica/ deve/opment on a site.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the p/anning
and environmental commission shall consider the following factors with
respect to the requested variance:
1. The re/ationship of the requested variance to other existing or
potential uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this tit/e without grant of
special privilege.
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3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems
applicab/e to the proposed variance.
8. Necessary Findings: The planning and environmenta/ commission shall
make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties c/assified in the same zone district.
2. That the granting of the variance will not be detrimenta/ to the
public hea/th, safety, or we/fare, or materially injurious to
properties or improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practica/ difficulty or
unnecessary physica/ hardship inconsistent with the
objectives of this tit/e.
b. There are exceptiona/ or extraordinary circumstances or
conditions applicab/e to the site of the variance that do not
apply generally to other properties in the same zone
district.
c. The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in the
same zone district.
Chapter 21: Hazard Regulations (in part)
12-21-10: DEVELOPMENT RESTRICTED (in part):
A. No structure shall be built in any f/ood hazard zone or red ava/anche
hazard area. No structure shall be built on a s/ope of forty percent (40%)
or greater except in sing/e-family residential, two-family residential, or
two-family primary/secondary residentia/ zone districts. The term
"structure" as used in this section does not include recreationa/ structures
that are intended for seasonal use, not including residential use.
12-21-14: R/GHT OFAPPEAL:
Nothing in this chapter shall be deemed to deny any interested person his/her
rights to appea/ the decision of the administrator in accordance with section 12-3-
3 of this tit/e. In addition, nothing in this chapter shall be deemed to deny any
interested person his/her rights to seek a variance from the requirements of this
chapter. Variances shall be governed by the provisions of Chapter 17 of this tit/e.
14
Vail Land Use Plan (in part):
CHAPTER ll — LAND USE PLAN GOALS /POL/C/ES
The goals articulated here reflect the desires of the citizenry as expressed
through the series of public meetings that were held throughout the project. A
set of initial goals were developed which were then substantially revised after
different types of opinions were brought out in the second meeting. The goal
statements were developed to reflect a general consensus once the public had
had the opportunity to reflect on the concepts and ideas initially presented. The
goal statements were then revised through the review process with the Task
Force, the Planning and Environmental Commission and Town Council and now
represent policy guidelines in the review process for new development proposals.
These goal statements should be used in conjunction with the adopted Land Use
Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
15
1�1�
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.
ZONING ANALYSIS
Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail
Potato Patch, Block 2
Parcel Size: 1.0 acre (43,560 sq. ft.)
Buildable Lot Area: .511 acres (22,259 sq. ft.)
Existing Zoning: Housing (H) District
Land Use Designation: Medium Density Residential
Hazards: 40% Slope; Medium Severity Rockfall
Development Standard Allowed/Required
Setbacks All Sides: 20', or Per
Development Plan
Front(South):
Side:
East
West
Rear (North):
Building Height: Per Development
Plan
Density:
EHUs
DUs
Site Coverage
Landscape Area:
Parking:
Spaces/Unit
% Compact
Loading
Existinq*
..
37'
25'
115'
36'
Per Development 24 EHUs
Plan
30% total GRFA, or 0
Per Development
Plan
23,958 sq. ft. or
55%; or Per
Development Plan
13,068 sq. ft.
or 30%
6,100 sq. ft
or 14%
37,460 sq. ft
or 85%
106 spaces; or Per 27 spaces
Development Plan
25% allowed; or Unknown
20 spaces
2 berths; or Per 1 berth
Development Plan
Proposed
36'
31'
4'**
80'
84'
82 EHUs
0
13,000 sq. ft.
or 30%
30,560 sq. ft.
or 70%
81 spaces***
24% or
18 spaces
2 berths
Note:
� Surface parking improvements on the south side of the property currently encroach into the front 20 foot
setback; the applicant is requesting a"variation" from standards prescribed by Section 12-61-8, Parking
16
��
and Loading Standards, Vail Town Code, to construct portions of two surface parking standards within
the front and side setbacks.
Subterranean parking improvements proposed on the west side of the site will encroach into the 20 foot
side setback; the PEC may, at its discretion, approve variations to the required setbacks.
The applicant proposes 81 spaces representing 76% of the required parking for the site (a reduction of
24%), based on multifamily parking requirements Chapter 10, Vail Town Code; of the 81 parking
spaces proposed, 73 spaces are covered/within the building (90% of total provided); 61 spaces will
serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. Total parking
provided for residential uses averages .7 spaces per employee housing unit and .38 spaces per bed.
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Open Lands Natural Area Preservation District
South: CDOT R.O.W. N1A
East: Open Lands Natural Area Preservation District
West: Public School General Use District
VIII. REVIEW CRITERIA
1) Development Standards and Criteria
Pursuant to Section 12-61-13, Development Standards and Criteria for
Evaluation, Vail Town Code, the following development standards and review
criteria shall be considered in any evaluation of the project:
12-61-13: DEVELOPMENT STANDARDS/CR/TER/A FOR EVALUAT/ON:
The following criteria shall be used as the principa/ means for evaluating a
proposed deve/opment plan. It shall be the burden of the applicant to
demonstrate that the proposed deve/opment plan complies with all applicab/e
design criteria:
A. Building design with respect to architecture, character, sca/e, massing
and orientation is compatible with the site, adjacent properties and the
surrounding neighborhood.
Staff Response:
Staff believes, overall, the building and site have been designed to be
compatible with the site, adjacent properties and the surrounding
neighborhood, given a relatively small parcel with significant constraints such
as easements and areas over 40% slope.
Architecture
The architecture presented is compatible with the site, adjacent properties
and the surrounding neighborhood. Specifically, Staff believes the proposed
design and use of materials, detailing and fenestration, is presented in a
consistent and logical manner around the structure. The design reinforces
the architectural design and detailing apparent within the Town, specifically
within the Vail Village and Lionshead areas. Roof composition, overhangs,
eave lines and heights, as well as, dormer design generally enhance the
building massing. Proposed concrete "foundation" details on the first two
stories are presented to compliment materials and detailing apparent on Red
Sandstone Elementary School. Fenestration is generally responsive to the
unit layout, yet responds to orientation of the building (passive solar gain).
17
The applicant proposes a concrete form construction technique proposed for
the core and shell of the building. The proposed pre-formed panelized
system comes textured and colored to emulate stucco and wood. Staff
believes that using such materials will produce a long-lasting, relatively
maintenance free structure — a benefit to the Owner and residents.
Regardless of the materials and construction technique to be used, the
applicant generally proposes to use "heavier" materials (concrete and stucco)
on the lower portions of the building, with "lighter" materials or textures to
represent both horizontally and vertically oriented wood on upper portions of
the building and on minor building elements such as dormers.
Staff believes the applicant study introducing "lighter" materials and/or
textures on the proposed dormer elements. Pursuant to Section 14-10-5,
Building Materials and Design, Vail Town Code, concrete is a permitted
exterior material, provided however that the surface "shall be treated with
texture and color." Staff reminds the applicant that a materials board inclusive
of all proposed exterior materials, colors and textures, will be subject to
design review.
Character
Staff believes the plans proposed will enhance the overall character of the
surrounding neighborhood. Specifically, the character of the development is
consistent with other new construction being completed within the Town. The
architecture is compatible with the site and surrounding properties and will
also reinforce the design and detailing apparent within the Town.
Scale and Massing
Staff believes that the applicant has designed the proposed building to meet
several objectives and goals of Town and of the Owner. The applicant has
done so while working with a significantly constrained site and while
attempting to respect adjacent properties and structures. Staff believes that
the resulting scale of the building, although somewhat imposing on the site,
will generally be compatible with the site — a previously disturbed lot
surrounded by steep hillside and rather sparse vegetation, a school site and a
main arterial roadway. The scale and massing will surpass any other
structures in the surrounding neighborhood (the school).
Therefore, the applicant and Commission should discuss the larger issues
related to the capacity of this site to absorb the proposed density (EHUs), in
relation to the Town's goals to provide sites and to provide incentives to
support private, affordable employee housing development by private efforts.
Specifically, Staff is still concerned that the proposed height of the building on
this site, in conjunction with parking variations being requested could be
construed as attempting to "fit" too much residential and office space program
on a constrained site.
Orientation
Staff believes that the applicant has designed the proposed building to meet
several objectives and goals of the Town and of the Owner. The applicant
has done so while working with a significantly constrained site and while
attempting to respect adjacent properties and structures. The building is
generally sited in response to several existing site constraints, including
18
several utility easements, slopes in excess of 40% covering much
(approximately 50%) of the site, CDOT Right-of-way and setbacks. The
plans show approximately 839 square feet of the proposed west wing of the
building encroaching into slopes in excess of 40%.
The main portion of building mass is oriented along the contours of the site,
on an east/west axis. Although this alignment may contribute to the
perceived scale and height of the building, Staff believes this orientation also
allows for the design to optimize views and solar gain for both passive and
active (solar panels) solar energy usage. Staff also believes that the design
and orientation of the building are specifically proposed to minimize the
amount of disturbance on the site; specifically, although the applicant
proposes minor building encroachments into the 40% slope behind the
building, most disturbance is concentrated on the most buildable portions of
the lot.
Building siting and orientation also respond to the existing vehicular access
point (to be maintained) along North Frontage Road. Specifically, the
applicant's desire to maintain and improve this access point, and the resulting
requirements to improve the access angles and driveway gradients to the
Town's and CDOT's current standards contribute to the current building
location and orientation.
8. Buildings, improvements, uses and activities are designed and /ocated to
produce a functiona/ deve/opment p/an responsive to the site, the
surrounding neighborhood and uses, and the community as a who/e.
Staff Response:
Staff believes that, overall, the building and associated improvements, uses
and activities are designed to produce a functional development plan that is
generally responsive to a small development site with limited buildable area
and other constraints.
Site Access and Traffic Impacts
The applicant proposes site access from the existing road/curb cut along
North Frontage Road. While maintaining this access point, the proposed
driveway will be re-aligned, causing additional disturbance (grading,
excavation, retainage, paving and planting) on the adjacent Town owned
property (Tract A), which is zoned Natural Area Preservation (NAP). The
applicant has obtained "permission to proceed" through the development
review process from the Vail Town Council (i.e. the "property Owner") to allow
for improvement on Tract A. In the future, prior to or concurrent with building
permit application, the applicant will be required to obtain an access
easement from the Town for any re-aligned driveway access across Tract A.
In addition, the applicant must commence all necessary planning and
permitting necessary through CDOT and any public utility for any
improvements within rights-of-way and platted utility easements. Specifically,
an access permit from CDOT will be required for any additional road cut
along North Frontage Road.
19
The applicant has submitted a Traffic Impact Report, prepared by Peak Land
Consultants, and dated February 25, 2008. The purpose of this report is to
"determine if the redevelopment of Solar Vail will require auxiliary lanes
according to State of Colorado State Highway Access Code." The report
generally concludes that the use of the site — including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes. The Town of Vail Public Works
Department has reviewed the report by Peak Land Consulting and has used
the report to calculate the Traffic Impact Fee to be assessed to the project.
Public Works comments are attached for reference (Attachment I). Of note in
the Public Works' analysis of traffic impacts and their resultant calculation of
fees is the reduction (30% credit) in fees assessed due to the proximity of the
project (1,900 feet) to the nearest transit stop.
Building Improvements and Activities
Staff believes the proposed building design and activities — including limited
Professional Office uses for Sonnenalp Properties and an architectural firm,
as well as, a substantial amount of employee housing for seasonal
employees of Sonnenalp Properties — have been designed and located to
produce a functional development plan responsive to the site, the
surrounding neighborhood and uses, and the community as a whole.
Specifically, the building has been sited and oriented to take advantage of
site contours, solar gain, existing disturbance on the site and existing access
points. Further, the building design features efficient layout for a substantial
number of employee housing units, including studios, 1-bedroom, 3-bedroom
and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to
be used by residents, however much of the space within the building is
proposed for individual living space, not common areas. The building and
proposed employee housing uses are located within walking distance to
employment centers, mass transit stops, parks and open space, bike paths
and pedestrian ways. While it is unlikely that any residents of the building will
have school aged children, the building is adjacent to a public school.
Staff believes the applicant has responded well to concerns expressed by the
School District regarding the probability of Solar Vail residents accessing the
school site en-route to pedestrian ways and a mass transit stop. Plans
received by the Community Department on March 3, 2008, show a fence and
substantial landscape plantings located along the common property line
between the Solar Vail site and the Red Sandstone Middle School property
(Town owned land). In addition, the applicant has revised plans for a
stairway leading from the Solar Vail building, directly to an existing sidewalk
located along the north side of North Frontage Road to encourage usage by
residents. Staff believes that these design solutions presented effectively
address concerns expressed by the School District and the Commission.
The Town of Vail Design Review Board will review the fence and landscaping
for appropriateness and compliance with Town design standards.
20
Snow Storage
The applicant has revised the plans since being reviewed by the Town of Vail
Public Works Department to specifically address site plan issues concerning
snow storage; more snow storage is now shown at various locations around
and along the proposed access driveway. However, snow storage does not
meet minimum standards for the site.
Section 14-3-2; D, Snow Storage, Vail Town Code, states the following:
"Snow Storage: All required parking and access areas shall be designed
to accommodate on site snow storage (i.e., within the boundaries of lot
and not within the right of way). Turf areas and other areas without trees
may be utilized for this purpose."
Further, that:
"Unheated Drives: A minimum functiona/ area equaling thirty percent
(30%) of the paved area shall be provided contiguous to the paved area
and designed to accommodate snow storage. "
The plans currently indicate that approximately 10-13% of the required snow
storage area is being provided. Although the site is constrained and there
are limited opportunities to provide adequate snow storage within the existing
landscape plan, Staff recommends the applicant be required to meet
minimum standards for snow storage on the site. Staff understands the
applicant's contentions that, as an employee (affordable) housing
development, heating the entire driveway and surface parking areas may be
cost prohibitive. However, Staff believes there may be opportunities —
working with final building plans for mechanical (boiler) locations and
landscaping to incorporate small but functional "snow dump" vaults, placed
within landscaped areas or adjacent to driveway or surface parking areas that
could effectively serve as centralized snow melt basins. In addition, Staff
believes geothermal heating of driveway and surface parking areas is a
viable alternative for sustainable snow melt with long-term benefits to the
building owner. This issue must be resolved by the applicant prior to any
application for design review for Solar Vail.
C. Open space and /andscaping are both functiona/ and aesthetic, are
designed to preserve and enhance the natura/ 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.
Staff Response:
Functionality and Aesthetics
The applicant has submitted revised site, drainage and landscape plans
generally demonstrating that open space and landscaping are functional and
aesthetic. As plans are further developed, they should be coordinated to
ensure that all site disturbance is mitigated, all site drainage does not cause
adverse impacts on neighboring properties and that proposed re-vegetation
21
(new plantings) is proposed in areas that will have the highest benefit for the
residents of the proposed development, as well as for the neighboring
property owners and general public. Specifically, plans should be developed
to ensure coordination between existing and proposed site grading, retainage
and drainage.
Preservation and Enhancement of the Site
The proposed building, driveway and retainage improvements are proposed
almost entirely within areas of the site that have previously been disturbed
and/or developed. Staff believes the proposed plans demonstrate that site
disturbance will be minimized and properly mitigated, thus preserving the
natural qualities of the site. Further, Staff believes the revised landscape
plan — including substantial deciduous and evergreen tree and shrub species,
ground covers and native grass and wildflower seed mixes - will greatly
enhance the site while blending the building to the surrounding area. Staff
encourages the applicant to study landscape (planting) and re-vegetation
plans to address or enhance those areas of the site that have been
previously disturbed by development. Staff reminds the applicant that as
plans are further developed, a site re-vegetation and erosion control plan will
be required showing details of all areas to receive native re-seeding, as well
as specifying rates of application, and temporary irrigation to be used. In
addition, final landscaping and re-vegetation plans should show locations
where "transplanted" Sage and Rabbitbrush will be planted along or near
limits of disturbance, to ensure that limits of disturbance are blended back
into the natural areas of the site.
Open Space Access and Use
Staff believes despite limited opportunities for access and use by the
residents of any usable "open space", the proposed landscaping is both
functional and aesthetic, is designed to preserve and enhance the natural
features of the site, allow opportunities for access and use by the residents,
provide adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open space and
recreation areas. Staff believes the applicant should continue to develop the
landscape plan to incorporate more plantings on the south and east sides of
the subject property, and perhaps on the neighboring properties (with express
approval from the Town of Vail, the "Property Owner") to provide additional
buffering and blending of the structure with the surrounding area and
specifically to mitigate apparent building bulk and mass as viewed from I-70
and the North Frontage Road.
Buffering
Staff believes the revised landscape plan provides better blending or
buffering of the building to the site. The applicant has added plantings, both
on the east and west sides of the development, to aid in blending the new
building and disturbed areas to the surrounding areas and specifically to
provide separation (in conjunction with a fence) along the west property line
between Solar Vail and Red Sandstone Elementary School.
D. A pedestrian and vehicular circulation system designed to provide safe,
efficient and aesthetically pleasing circulation to the site and throughout
the deve/opment.
22
Staff Response:
The applicant proposes pedestrian and vehicular circulation systems which
address internal and external circulation needs. The plans show an improved
access drive, staging areas for Fire Department use, a hammer head
designed to allow proper maneuvering and exiting, and short term surface
parking spaces for office uses. The plan includes two levels of structured
parking for residents and office uses. The plans also include new concrete
pathways and stairs which provide access to and from the existing sidewalk
along North Frontage Road. Staff believes this configuration also provides
for better separation of employee housing uses on the site from the adjacent
school property, by routing residents of the Solar Vail building directly to the
sidewalk rather than encouraging continued travel through the school site.
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
deve/opment p/an.
Staff Response:
Environmental Impact Report
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
Hazard Areas
The subject property is located within areas identified as "Medium Severity
Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the
applicant will be required to submit a site specific geologic investigation prior
to or concurrent with any application for a building or grading permit on the
site.
F. Compliance with the Vail comprehensive plan and other applicab/e p/ans.
Staff Response:
Staff believes that the proposed plans are in general compliance with the Vail
Comprehensive Plan and other applicable plans. Specifically, Staff believes
the following goals from the Vail Land Use Plan are applicable to and support
the review of this proposed development plan:
General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
23
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
5. Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
2) Conditional Use Applications and Review Criteria
The applicant proposes three separate conditional uses within the project, for
Professiona/ Office Uses, Tvpe VI Emp/ovee Housinp and Public Utilities
Installations includinp Transmission Lines and Appurtenant Epuipment. All
three conditional uses shall be reviewed separately according to Sections 12-
16-6, Criteria and Findings. Each conditional use is being proposed as
"secondary and incidental to the use of employee housing". Pursuant to
Section 12-61-3, Conditional Uses:
"The following uses shall be permitted in H district, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of
this Tit/e:
Commercial uses which are secondary and incidental (as determined by
the planning and environmenta/ commission) to the use of employee
housing and specifically serving the needs of the residents of the
deve/opment, and deve/oped in conjunction with employee housing..."
24
Staff believes that proposed Type VI Employee Housing is a primary use,
despite being classified as a conditional use. Proposed Professional Office
Use, and Public Utilities Installations including Transmission Lines and
Appurtenant Equipment uses are secondary and incidental to the use of
employee housing.
Professional Office Uses:
Staff believes Professional Office use for Sonnenalp Properties administrative
services represents a use that is "secondary and incidental to the use of
employee housing - specifically serving the needs of the residents, who will
most likely be employees of Sonnenalp Properties. These uses are proposed
to occupy approximately 50% of the total square footage of office space
within the building. However, Staff questions the use of office space for an
architectural office as a use "specifically serving the needs of the residents of
the deve/opment..." Staff recommends that, in addition to the applicant
linking 3.1 beds within the development to the total office square footage, the
employee housing plan is revised to specifically ensure that employees of the
architectural office are provided opportunities to live on-site (live/work) to
justify these office uses as "secondary and incidental" and "specifically
serving the needs of the residents of the deve/opment." If this provision is
made within the employee housing plan approved by the Commission, Staff
believes that the intent - to ensure that conditional uses are secondary and
supportive of employee housing uses - will be met.
12-16-6: CR/TER/A; FIND/NGS (in part):
1. Re/ationship and impact of the use on development objectives of the
town.
Staff response:
Staff believes the proposed development generally meets several
development objectives of the Town. Specifically, the applicant proposes to
replace aging employee housing currently of limited benefit to the applicant
and to the Town, and to replace that housing with 82 new, deed restricted
employee housing units of varying sizes, as well as, new office space within
the Town, and within close proximity (walking distance) to the Village. The
development, specifically the proposed Professional Office uses, is located in
close proximity to public transit routes, vehicular and pedestrian
transportation routes. Staff believes the following goals from the Vail Land
Use Plan are applicable to and support the review of this proposed
conditional use:
General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
25
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff response:
Staff believes the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, Staff believes that the provision of additional, new office space
within the Town and in close proximity to housing, the Vail Village and
Lionshead, vehicular and pedestrian transit routes, a public school, public
park and recreation facilities, and public transit will generally have beneficial
impacts on the community.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
Staff response:
Staff believes the proposed conditional use will have little or no adverse
impacts upon traffic (congestion) in the area. Specifically, the provision of
increased employee housing density on this existing residential site, in
combination with limited office usage and limited parking available on site, will
reduce the amount of cars entering and exiting the development and
generally encourage use by residents of public transportation. In addition,
the design of the driveway improvements, inclusive of a hammer head will
enhance the ability of vehicles, including emergency vehicles, to maneuver
on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation,
safety and convenience off-site. As well, parking provided on site - for
residents, business operations and guests - will provide a safe and efficient
relationship with traffic on North Frontage Road. The provision of a
hammerhead is critical to the functionality of the internal circulation plan for
26
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation — to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." The Town of Vail Public Works Department has
reviewed the report by Peak Land Consulting and has used the report to
calculate the Traffic Impact Fee to be assessed to the project. The report
generally concludes that the use of the site — including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes.
4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in relation to
surrounding uses.
Staff response:
Staff believes that the proposed development will generally have a positive
effect, overall, on the character of the surrounding area. Although the bulk
and scale of the proposed building well surpasses the existing Solar Vail
structure on the site, Staff believes that the applicant has designed the
building to generally work with the site while accommodating a significant
amount of building (space) program. This has been accomplished working
with a relatively small site with significant constraints, such as easements
covering approximately 15% of the site, as well as, slopes in excess of 40%
covering another 50% of the site. The bulk, scale and massing of the building
generally aligns with the contours of the site. Benching the building into the
site would require a variance to develop on slopes greater than 40%.
Benching or stepping the foundation, building and roof forms into the hillside
would also impact the financial viability of this privately financed project to
provide employee housing within the Town. The applicant proposes a type of
construction (concrete form) that is cost effective and sustainable, but that
may not allow for maximum flexibility in design options.
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicant's approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to any alternative massing of building and roof forms to
better "step" the building up the site.
27
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
Staff Response:
Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this tit/e.
Staff Response:
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
Type VI Employee Housing:
The Housing District is intended to "provide adequate sites for employee
housing..." Type VI Employee Housing units are allowed only as a conditional
use. In addition, the applicant requests review of conditional use permits for:
Public Utilities Installations including Transmission Lines and Appurtenant
Equipment; and Professional Offices.
Although the Housing District is intended to "provide adequate sites for
employee housing", Type VI Employee Housing units are allowed only as a
conditional use. In addition, the applicant requests review of conditional use
permits for: Public Utilities Installations including Transmission Lines and
Appurtenant Equipment; and Professional Offices.
Employee Housing Plan
In accordance with the provisions of the Housing District, the applicant has
submitted a conditional use permit for Type VI employee housing units.
Pursuant to Section 12-13-3, the applicant has provided an Employee
Housing management plan for review by the Commission (Attachment E).
Section 12-13-3, sub-paragraph E, Vail Town Code, states the following:
"E. Written Management P/an For Type V/ EHUs: For the purposes of this
tit/e, a type V/ EHU is an EHU which shall be governed by a written
management plan or other written program approved by the planning
and environmenta/ commission. The management plan is the principal
document in guiding the use of a type VI EHU. 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
V/ EHU in accordance with chapter 16 of this tit/e.
1. Management P/an Contents:
a. Parameters: The management plan shall include all re/evant
materia/ and information necessary to establish the parameters of the
type Vl EHUs.
28
b. Exclusive Use: The management p/an shall demonstrate that the
type VI EHUs are exclusively used for and remain availab/e for
employee housing.
c. Notice Of Record: The management plan shall provide a
mechanism to provide adequate notice of record to prospective
owners to ensure that the requirements of the p/an shall be met with
any future changes in ownership.
d. Occupancy: The management plan shall include adequate
provisions to ensure that the EHUs shall be occupied, and shall not
remain vacant for a period to exceed three (3) consecutive months.
e. Affidavit: No /ater than February 1 of each year, the owner of a type
VI EHU shall submit to the department of community deve/opment
one copy of a sworn affidavit on a form from the department of
community deve/opment, to establish that the EHU has been used in
compliance with the management plan.
f. Other Items: The management plan shall include such otheritems
as the planning and environmental commission or the administrator
deems necessary. "
Staff believes the plan addresses each of the above parameters or criteria.
Specifically, the plan outlines the number and type of employee housing units
to be provided within the development and specifies that such units will be for
rental purposes only. The plan specifies that rentals will be controlled by the
applicant's property management company, to be housed on-site within the
proposed professional office space. The plan calls for priority to be given
employees working in the Town of Vail and for rents to remain "attainable".
The plan calls for all units to be deed restricted per the Town of Vail
requirements. Deed restrictions, to be recorded prior to the developer
requesting a Certificate of Occupancy for the building, will be "by unit". The
plan specifically addresses deed restricted units existing today within the
existing Solar Vail building. These units total approximately 5,730 square
feet. These units will be replaced in the new development and will be deed
restricted under a"blanket" type deed restriction, per the recommendation of
the Town of Vail Housing Coordinator.
The plan proposes to link office space (4,850 square feet proposed) to
employee housing units through deed restriction assignment. Specifically,
the proposed office space will generate a mitigation rate of 3.1 employees.
Therefore, the applicant proposes to dedicate or assign 3.1 beds to the
building owner. Staff views this provision (of providing the minimum on-site
mitigation) as limiting the potential for a true "live/work" situation within this
project. Simply, Staff encourages the applicant to consider the number of
employees that will be employed at the architectural offices planned for the
site, as well as the administrative employees that will use the Sonnenalp
properties spaces and to ensure that those employees are afforded an
opportunity to live and work on the site. Staff recommends the employee
housing plan be revised to ensure that employees of the architectural office
are provided opportunities to live on-site and that the plan specifies which
units will be deed restricted to mitigate office uses. In addition, the plan
should be revised to specify how the 3.1 beds will be tied to dedicated
parking spaces within the building. The plan specifies that the type VI EHUs
29
will exclusively be used for and remain available for employee housing. The
plan should be revised to provide more details regarding provisions to ensure
proper and optimal occupancy.
Staff recommends the plan be revised to ensure that deed restrict unit(s)
assigned to office uses (mitigation) also be linked to dedicated parking
spaces within the building and that the applicant continue to study the
housing plan and the proposed ownership and deed restriction structure to
ensure that a true "live/work" opportunity is afforded to employees of any
professional offices working within the building. In addition, any deed
restrictions recorded will be required to meet Town of Vail regulations in place
at the time of recording, including but not limited to, any future requirement to
classify the restrictions as Type "CL" (Commercial Linkage) or "IZ"
(Inclusionary Zoning) according to text amendments currently proposed by
Community Development Staff.
12-16-6: CR/TER/A; F/ND/NGS (in part):
1. Re/ationship and impact of the use on deve/opment objectives of the
town.
Staff response:
Staff believes the proposed conditional use generally meets several
development objectives of the Town. Specifically, the applicant proposes to
replace aging employee housing currently of limited benefit to the applicant
and to the Town, and to replace that housing with 82 new, deed restricted
employee housing units of varying sizes within the Town, and within close
proximity (walking distance) to the Vail Village and Lionshead areas. The
development, specifically the provision of a significant amount of employee
housing, is located in close proximity to public transportation routes, vehicular
and pedestrian transportation routes. Staff believes the following goals from
the Vail Land Use Plan are applicable to and support the review of this
proposed conditional use:
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
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.
30
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, Staff believes the provision of increased employee housing
density in close proximity to the Village and employment centers, public
transit, vehicular and pedestrian transportation routes, a public school, public
park and recreation facilities will generally have beneficial impacts on the
community.
However, the School District has expressed their concern regarding the
increased number of employee housing units being proposed next to Red
Sandstone Elementary School. Specifically, the District has stated that the
continued use of the property for employee housing, and the potential
continued use of pedestrian pathways from the Solar Vail site, across the
School parking lot and playground to the adjacent land bridge may result in
an increase in conflicts between residents of Solar Vail, and school uses. At
the February 25, 2008, Planning and Environmental Commission work
session to discuss the proposal, the School District suggested that the
existing path from Solar Vail to the school parking lot/driveway be eliminated
and that a fence be erected between the two properties to ensure that
residents of Solar Vail do not continue to use the school property as a"short
cut" to the transit stop and the land bridge. The applicant has responded to
these concerns by revising the plans to incorporate a fence and additional
landscaping between the two properties. The applicant has also revised the
design of a new walkway and stairs leading from Solar Vail to the sidewalk
directly to the south of the proposed Solar Vail building,
These issues should be evaluated by the Commission and the applicant
should be prepared to discuss new information (revised plans showing a
fence and landscaping) provided.
Overall, Staff believes the development will not adversely impact Town
services, facilities and facilities needs. The applicant has provided a traffic
impact report demonstrating that the development will have minimal adverse
31
impact on public facilities, or require significant additional public facilities
(transportation improvements) to service the development in the future.
As plans are developed further, and prior to or concurrent with any
application for Design Review, staff suggest that a lighting plan be developed
which meets the Town's lighting standards and which strives minimize the
impact of exterior lighting for this building via the use of full cut-off and
recessed fixtures.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will have no adverse impacts
upon traffic (congestion) in the area. Specifically, the provision of increased
employee housing density on this existing residential site, in combination with
limited office usage and limited parking available on site, will reduce the
amount of cars entering and exiting the development and generally
encourage use by residents of public transportation. In addition, the design
of the driveway improvements, inclusive of a hammer head will enhance the
ability of vehicles, including emergency vehicles, to maneuver on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation,
safety and convenience off-site. As well, parking provided on site - for
residents, business operations and guests - will provide a safe and efficient
relationship with traffic on North Frontage Road. The provision of a
hammerhead is critical to the functionality of the internal circulation plan for
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation — to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." The Town of Vail Public Works Department has
reviewed the report by Peak Land Consulting and has used the report to
calculate the Traffic Impact Fee to be assessed to the project. The report
generally concludes that the use of the site — including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes.
32
4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in re/ation to
surrounding uses.
Staff Response:
Staff believes that the proposed development will generally have a positive
effect, overall, on the character of the surrounding area. Specifically,
although the bulk and scale of the proposed building well surpasses the
existing Solar Vail structure on the site, Staff believes that the applicant has
designed the building to fit the site and to accommodate a significant amount
of building (space) program. This has been accomplished while working with
a relatively small site with fairly significant constraints, such as slopes in
excess of 40% covering approximately 50% of the site. The bulk, scale and
massing of the building generally aligns with the contours of the site. The
applicant has revised the plans to step certain portions of the building (west
wing) up the adjacent slopes. However, further benching or stepping the
foundation, building and roof forms into the hillside would also impact the
financial viability of this privately financed project to provide employee
housing within the Town. The applicant proposes a type of construction
(concrete form) that is cost effective and sustainable, but that may not allow
for maximum flexibility in design options.
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicant's approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to any alternative massing of building and roof forms to
better "step" the building up the site. Inherent in this discussion should be the
Commission's feedback relative to a potential variance for development on
slopes in excess of 40%. Critical to this discussion is the need for the
Commission to provide clear direction and feedback relative to the overall
bulk, mass and absolute height of the proposed building prior to the applicant
proceeding forward in the development review process. The applicant should
be prepared to provide justification and evidence supporting the proposed
design of the structure relative to the surrounding neighborhood.
5. Such other factors and criteria as the commission deems applicab/e to
the proposed use.
Staff Response:
Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this tit/e.
Staff Response:
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
33
Public Utilities Installations including Transmission Lines and
Appurtenant Equipment
1. Re/ationship and impact of the use on deve/opment objectives of the
town.
Staff response:
Staff believes the proposed conditional use generally presents a positive
relationship with, and impact on, the development objectives of the Town.
Specifically, the applicant proposes to replace telecommunications antennae
approved for installation on the existing Solar Vail buildings with new
"vertically polarized" panel antennae. The continued service of
telecommunication devices in this location within the Town of Vail is
considered an important service to residents and guests, travelers and
emergency services providers. Installation of multiple panel antennae on the
new Solar Vail building is proposed on the east and west sides of the
building; to be mounted on the top floor of the building and on "chimney"
elements. The applicant proposes to paint the antennae to match the exterior
color of the building materials.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes that the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, staff believes that the continued provision of telecommunications
devices for cellular phone service will have a positive impact on the
distribution of critical utility installations including transmission lines and
appurtenant equipment within the Town.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will no negative impacts upon
traffic congestion in the area.
4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in re/ation to
surrounding uses.
Staff Response:
Staff believes that the proposed conditional use will have minimal adverse
effect, overall, on the character of the surrounding area. Specifically, the new
34
antennae proposed generally have a flat profile and can be painted to match
the exterior materials of the building without voiding the manufacturers
warranty or precluding effective transmission of telecommunications
(microwave) signals.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
Staff Response:
Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this tit/e.
Staff Response:
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
3) Variance Application and Review Criteria
The applicant proposes to construct approximately 839 square feet of the
west wing of the building within areas that have been previously disturbed
and that are in excess of 40% slope on the north side of the building. Based
on information available (site plan) from the original 1976 architectural plans
for Solar Vail, Staff believes the area behind the existing Solar Vail buildings
only exceeds 40% slope due to previous development (grading and
excavation) of the parcel and that the applicant's plans minimize additional
disturbance and, therefore, maintain or provide the necessary separation
between the building and sensitive areas. Chapter 21, Hazard Regulations,
Vail Town Code, restricts development within such areas. Section 12-21-10,
Development Restricted, Vail Town Code states (in part):
"No structure shall be built in any f/ood hazard zone or red ava/anche
hazard area. No structure shall be built on a s/ope of forty percent (40%)
or greater except in sing/e-family residential, two-family residential, or
two-family primary/secondary residentia/ zone districts. The term
"structure" as used in this section does not include recreationa/ structures
that are intended for seasonal use, not including residential use. "
Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be
required to apply for a variance to allow for construction of the structure within
these areas. Section 12-17-1, Purpose, states:
"In order to prevent or to /essen such practica/ difficulties and unnecessary
physical hardships inconsistent with the objectives of this tit/e as would
result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practica/ difficulty or unnecessary
physical hardship may result from the size, shape, or dimensions of a site
or the /ocation of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity,� or from other physical
35
limitations, street /ocations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or litera/ compliance with a
regulation shall not be a reason for granting a variance. "
Further, that:
"Before acting on a variance application, the planning and environmental
commission shall consider the following factors with respect to the
requested variance:
1. The re/ationship of the requested variance to other existing or
potential uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this tit/e without grant of
special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems
applicab/e to the proposed variance."
The Commission has, in previous meetings with the applicant, expressed
general support for minor encroachments of building/structure to be
constructed within areas of previously disturbed, 40% slope to facilitate the
development of privately funded employee housing within the Town. In
addition, the Commission has consistently held that the configuration of
existing sites and buildings are a hardship that may justify the granting of a
variance from the Town's current zoning regulations The applicant has been
required to apply for a variance and to address all applicable criteria and
findings. If a variance from this specific development standard is not granted,
the applicant will be required to revise the proposed development plans to
specifically remove any and all building improvements from any areas of the
lot identified as being in excess of 40% slope.
Staff believes that the requested variance to develop a portion of the
proposed structure within previously disturbed areas of the site greater than
40% slope are in compliance with the criteria as follows:
The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff Response:
According to Section 12-21-1, Purpose, Hazard Regulations, Vail Town
Code, the purpose of the hazard regulations is:
"to he/p protect the inhabitants of the Town from dangers re/ating to
deve/opment of f/ood plains, ava/anche paths, steep s/opes and
geo/ogically sensitive areas; to regulate the use of /and areas which may
be subject to f/ooding and ava/anche or which may be geo/ogically
sensitive; and further to regulate deve/opment on steep s/opes; to protect
the economic and property values of the Town, to protect the aesthetic
36
and recreational values and natural resources of the Town, which are
sometimes associated with f/ood plains, ava/anche areas and areas of
geo/ogica/ sensitivity and s/opes; to minimize damage to public facilities
and utilities and minimize the need for relief in c/eanup operations; to give
notice to the public of certain areas within the Town where flood plains,
ava/anche areas and areas of geologic sensitivity exist,� and to promote
the general public hea/th, safety and we/fare."
As described in this memo, the applicant is proposing to develop within areas
of Lot 8B that are documented as being previously disturbed by development
(grading and construction of two structures). The Solar Vail re-development
proposal will impact slopes in excess of 40%. However, as stated previously
in this memo, Staff believes areas of Lot 8B behind the existing Solar Vail
buildings only exceed 40% slope due to previous development (grading and
excavation) of the parcel and that the applicant's plans minimize additional
disturbance. As well, the plans — including additional site retainage and re-
vegetation of slopes behind Solar Vail - could be construed as providing
additional mitigation and protection against dangers relating to development
of steep slopes.
As such, Staff believes that the development proposal complies with the
intent of the hazard regulations and that any possible negative impacts of
developing on steep slopes will have been successfully mitigated. Mitigation
of geologic hazards is an accepted practice as documented in the Town of
Vail Hazard Regulations (ie, debris flow, rock fall, snow avalanche).
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, or to
attain the objectives of this tit/e without grant of specia/ privilege.
Staff Response:
The applicant proposes to disturb approximately 839 square feet of
previously disturbed area behind the existing Solar Vail buildings. Staff has
reviewed plans and documents (geotechnical reports) on file for the Red
Sandstone Middle School Gymnasium, Vail Potato Patch, Block 2, Lot 8A,
located to the west and directly adjacent to Solar Vail. Plans for the
Gymnasium were approved by the Planning and Environmental Commission
on February 23, 2004. Following review of the files and plans, Staff believes
that the gymnasium construction, including cuts (excavation) of 25-30 feet,
was approved and completed on slopes in excess of 40%. Using survey
information contained in permit plan sets for the Middle School and
Gymnasium, Staff calculates the original slopes of the Gymnasium site to be
approximately 44%. The aforementioned geotechnical report confirms this,
by reporting that slopes within the development site for the Gymnasium were
"up to 50%". Whether in error or not, Staff believes the construction of the
Gymnasium, on the site directly adjacent to the Solar Vail property, was
approved on slopes in excess of 40%. Therefore, Staff recommends that the
requested variance for the Solar Vail development within areas of 40% slope
will not constitute a grant of special privilege.
37
In comparison, Middle Creek employee housing, also within the Housing (H)
District, was not permitted to develop in slopes in excess of 40%. However
Staff believes that the Solar Vail site is inherently different, or unique, due to
previously mentioned site constraints and the fact that large portions of the
existing site exceed 40% slopes due to previous development activity.
As stated above, the purpose of the hazard regulations is to protect and
preserve the integrity of steep slopes and the inhabitants of the Town.
Through the development of the site, areas of 40% slope will either be left in
their current state, or be mitigated through the design of subterranean parking
and building foundation walls, re-vegetation and additional plantings to
stabilize existing slopes in excess of 40% slope.
Staff believes the applicant is requesting a minimum degree of relief from the
strict or literal interpretation and enforcement of the regulation in order to
achieve compatibility and uniformity of treatment among sites in the vicinity,
and to attain the objectives of this title without grant of a special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Staff Response:
Staff believes the variance request will have little, if any, negative impacts on
the criteria described above.
The planning and environmental commission shall make the following
findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
38
4) Variations from Housinq District Development Standards
The applicant proposes two variations to the development standards
established for the Housing (H) District: setback variations and parking
variations.
Setback Variations
The applicant is proposing variations to setbacks for building improvements
and for surface parking space improvements within required setbacks.
Pursuant to Section 12-61-8, Parking and Loading, Vail Town Code:
"12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20)
from the perimeter of the zone district. At the discretion of the planning and
environmenta/ commission, variations to the setback standards may be
approved during the review of a deve/opment plan subject to the applicant
demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geo/ogically 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 re/ationship 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. "
The applicant has provided a written response to each of the above listed
criteria entitled Side Setback Variance Request for the Housinq (H) District
(Attachment F). Staff believes that the proposed variations to certain
development standards within the Housing District are in compliance with the
criteria as follows:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geo/ogically sensitive areas and other
environmentally sensitive areas.
Staff Response:
Staff believes the proposed building setback on the west side of the building
will provide the necessary separation between buildings and riparian areas,
geologically sensitive areas and other environmentally sensitive areas.
Specifically, there are no riparian areas or other environmentally sensitive
areas identified on the site, and the applicant will be required to submit a site
specific geologic investigation in conjunction with any building permit
application to specifically address areas of "moderate hazard rockfall"
identified on Lot 8B.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
Staff Response:
Staff believes the proposed building setbacks will provide adequate
availability of light, air and open space on the site and for the surrounding
39
areas. Specifically, the proposed building is approximately ten feet closer on
the western side of the property, to any buildings on the School District site.
Although the proposed building is substantially higher than the existing three
story structures, Staff believes that there will be no substantial impact on the
distribution of light and air on the adjacent property.
C. Proposed building setbacks will provide a compatible re/ationship with
buildings and uses on adjacent properties.
Staff Response:
Approximately 300 square feet of subterranean parking (4 parking spaces on
two levels below grade) are proposed to encroach within the side setback.
Given the subterranean nature of the proposed encroachment, Staff believes
the proposed setback of 4 feet on the west side of the property will provide a
compatible relationship with buildings (a school and gymnasium) 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.
Staff Response:
Due to several site constraints such as multiple (3) utility easements, an
existing road/curb cut for access and slopes in excess of 40% covering a
large portion of the site, Staff believes the proposed setbacks are the result of
creative design solutions. Further, Staff believes by permitting a variation to
the side setback, public benefits of a privately funded employee housing
project within the Town will be realized, that could not otherwise be achieved
by conformance with prescribed setback regulations.
Regardless of any variation approvals, Staff recommends the applicant
commence with all required planning and permitting with the Eagle River
Water and Sanitation District regarding any proposed improvements within
platted easements and the status of any live utilities.
Parking and Loading Variation
Pursuant to Section 12-61-8, Vail Town Code:
"Off street parking shall be provided in accordance with Chapter 10 of this
tit/e. No parking or loading area shall be /ocated within any required
setback area. At the discretion of the planning and environmental
commission, variations to the parking standards outlined in Chapter 10 of
this tit/e may be approved during the review of a deve/opment plan
subject to a parking management plan. The parking management plan
shall be approved by the planning and environmenta/ 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 tit/e
would require. For example, a demonstrated need for a reduction in the
required parking could include:
A. Proximity or availability of a/ternative modes of transportation
including, but not limited to, public transit or shuttle services.
40
8. A limitation p/aced 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, shutt/e service, or
staggered work shifts. "
The Applicant is proposing to provide 81 parking spaces rather than the total
spaces (106) required pursuant to Chapter 10, Off Street Parking and
Loading Standards, Vail Town Code. This represents 76% of the required
parking, or a 24% reduction in the number of required parking spaces. 61
spaces are provided for 82 employee housing units (74% of the required
residential spaces), while 20 spaces will be reserved for office uses (100% of
required office spaces). As well, 2 loading and delivery spaces (also to
function as part of an approved Fire Department staging area) are provided in
front of the building. Proposed parking for residential uses produces an
average of .74 spaces per EHU and .38 spaces per "bed". Parking for
residential (EHU) uses is proposed in a tandem configuration within two
levels of structured parking. Parking for office uses (20 spaces) is provided
on the second level of structured parking, and is shown on plans as being
separated from residential parking.
The applicant proposes to construct portions of two surface parking spaces
within the 20 foot front setback and four subterranean parking spaces within
the required 20 foot (west) side setback. Given the constrained nature of this
development site, Staff recommends that the Commission grant a variation to
allow for the construction of parking spaces within the front and side
setbacks.
The applicant has provided a"parking management plan" (Attachment D)
outlining and addressing self imposed contractual restrictions tied to
employment contracts to limit the number of vehicles permitted per tenant (or
per unit), and defining how the shared tandem spaces will function. The plan
proposes to assign tandem parking spaces to three and four-bedroom
tenants. By way of background, the Commission provided direction at their
August 27, 2007, that a variation to parking standards was appropriate, in
concept, in order to facilitate development of privately funded employee
housing within the Town.
Staff believes the parking management plan, as submitted, starts to address
the availability of alternative modes of transportation, as well as, self imposed
restrictions on the number of vehicles allowed per tenant or unit. However,
Staff recommends such limitations on the number of cars per unit should be
explicit within the actual deed restrictions for each unit in this development.
In addition, the applicant should be required to ensure that signage is
installed within the parking areas designating "office" parking and
"residential/tenant" parking. Pursuant to Section 12-61-8, Vail Town Code,
the following criteria are applicable to review of this request for a parking
variation:
41
A. Proximity or availability of a/ternative modes of transportation
including, but not limited to, public transit or shutt/e services.
Staff Response:
The proposed development is within 1,900 feet of a public transit stop.
In addition, the development is within close proximity to pedestrian
pathways and is within walking distance to Lionshead and Vail Village.
B. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
Staff Response:
Staff believes the applicant should be required to amend the parking
management plan to ensure the limitations proposed, assigning
tandem parking spaces to 3 and 4 bedroom units, are made part of
deed restrictions for each applicable unit. In addition, Staff
recommends that the parking management plan, in conjunction with
the employee housing plan submitted, expressly tie the 3.1 employee
housing "beds" required for office uses to dedicated parking spaces
within the building.
In comparison to the review of a request for variation to parking standards,
pursuant to Section 12-61-8, Vail Town Code, and the above listed criteria,
are the "Special Review Provisions" provided in Section 12-10-20, Vail Town
Code. Established via Ordinance No. 9, Series of 2000, the following findings
were established to allow the Planning and Environmental Commission to
review requests for reductions to the number of required parking for projects
within Vail's Commercial Core areas:
`A. The parking demand will be /ess than the requirements identified in
section 12-10-10 of this chapter,� and
B. The probab/e /ong term use of the building or structure, based on its
design, will not generate additional parking demand,� and
C. The use or activity is part of a demonstrated permanent program
(including, but not limited to, "rideshare" programs, shutt/e service, or
staggered work shifts) intended to reduce parking demand that has
been incorporated into the project's fina/ approved deve/opment plan;
and
D. Proximity or availability of a/ternative modes of transportation
(including, but not limited to, public transit or shutt/e services) is
significant and integral to the nature of the use or business activity.
In reaching a decision, the p/anning and environmenta/ commission shall
consider survey data submitted by a qualified transportation planning or
engineering consultant. Projects under "special review" are subject to
additiona/ scrutiny by the planning and environmental commission after
deve/opment plan approval if it is deemed necessary to verify continued
compliance with the above listed criteria. The maximum allowab/e
reduction in the number of required spaces shall not exceed twenty five
percent (25%) of the total number required under section 12-10-10 of this
chapter. "
42
The applicant is requesting a 24% overall reduction in required parking and
Staff believes the proposed parking plan meets the above criteria A-D.
IX. STAFF RECOMMENDATION
Development Plan
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the site specific
development plan, pursuant to Section 12-61-11, Development Plan Required,
Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant
equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato
Patch, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
proposed development plan, Staff recommends the Commission pass the
following motion:
"The P/anning and Environmenta/ Commission approves, with conditions,
the applicanYs request for a site specific deve/opment plan for the So/ar
Vail property, pursuant to Section 12-61-11, Deve/opment P/an Required,
Vail Town Code, to allow for a redeve/opment of So/ar Vail into a mixed
use deve/opment to include Type VI employee housing units, professional
offices, subterranean parking, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North
Frontage Road West, Lot 88, B/ock 2, Vail Potato Patch, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to approve the
development plan for Solar Vail, Staff recommends the Commission make the
following findings part of the motion:
"1. That the building design with respect to architecture, character, sca/e,
massing and orientation is compatib/e with the site, adjacent
properties and the surrounding neighborhood, based upon the review
outlined in Section Vlll of the Staff's March 24, 2008, memorandum to
the P/anning and Environmenta/ Commission;
2. That the buildings, improvements, uses and activities are designed
and /ocated to produce a functiona/ deve/opment p/an responsive to
the site, the surrounding neighborhood and uses, and the community
as a whole, based upon the review outlined in Section Vlll of the
Staff's March 24, 2008, memorandum to the P/anning and
Environmenta/ Commission;
3. That the open space and /andscaping are both functiona/ and
aesthetic, are designed to preserve and enhance the natura/ features
of the site, maximize opportunities for access and use by the public,
provide adequate buffering between the proposed uses and
43
surrounding properties, and when possib/e, are integrated with
existing open space and recreation areas, based upon the review
outlined in Section Vlll of the Staff's March 24, 2008, memorandum to
the P/anning and Environmenta/ Commission;
4. That a pedestrian and vehicular circulation system designed to
provide safe, efficient and aesthetically pleasing circulation to the site
and throughout the deve/opment, based upon the review outlined in
Section Vlll of the Staff's March 24, 2008, memorandum to the
P/anning and Environmenta/ Commission;
5. That 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 deve/opment plan, based upon the review outlined in
Section Vlll of the Staff's March 24, 2008, memorandum to the
P/anning and Environmenta/ Commission; and
6. That the plans are in compliance with the Vail comprehensive p/an
and other applicab/e plans. "
Should the Planning and Environmental Commission choose to approve the
development plan, Staff recommends the following conditions:
Prior to Application for Buildinp Permits
The Deve/oper revise the Employee Housing Mitigation P/an to
ensure that deed restrict unit(s) assigned to office uses (mitigation)
a/so be linked to dedicated parking spaces within the building and that
the applicant continue to study the housing plan and the proposed
ownership and deed restriction structure to ensure that a`live/work"
opportunity is afforded to employees of any professiona/ offices
working within the building;
2. The Deve/oper shall revise the p/ans prior to or concurrent with any
application for Design Review to ensure the minimum standards for
snow storage are met on-site;
3. Prior to or concurrent with any application for Design Review, the
Deve/oper shall submit a Master Sign Program and install signage
within the parking areas designating "office" parking and
"residential/tenanY' parking. Any p/an submitted shall included
provisions regulating maintenance of the hammerhead in the winter
months free from snow storage and accumulation to ensure use by all
vehic/es;
4. The Deve/oper shall be required to submit a detailed and final lighting
plan, showing all fixture /ocations, fixture types and lumens/output;
such p/an should be accompanied by cut sheets for each proposed
fixture in conjunction with any Design Review application;
44
5. The Deve/oper shall be required to submit a fina/ site re-vegetation
and erosion control plan inclusive of details showing all areas to
receive native re-seeding and specifying rates of application, as well
as temporary irrigation to be used, with any Design Review
application;
6. The Developer shall submit fina/ details for Design Review for any
fence to be /ocated between the Red Sandstone E/ementary School
site and So/ar Vail. Detailing for any fence shall compliment and
otherwise match the materia/s, textures and co/ors used on the So/ar
Vail building;
7. The Deve/oper shall be required to provide a building code and fire
code analysis with any submitta/ for building permit,�
8. The Deve/oper shall obtain an access easement agreement from the
Town of Vail for any and all driveway, grading, draingage, retainage,
planting or other ancillary improvements on, over or across Town
owned Tract A. Such agreement shall be required to be executed
prior to or in conjunction with any building permit application.
9. The Deve/oper submits a complete set of civil engineered drawings of
the Approved Development Plans including the required off site
improvements, to the Town of Vail Community Deve/opment
Department for review and approva/ of the drawings, prior to making
application for the issuance of a building permit for the So/ar Vail
building improvements;
10. The Developer submits a site specific geo/ogic investigation in
conjunction with any building permit application, in accordance with
Section 12-21-15, Vail Town Code, for any proposed deve/opment
within a mapped Rock Fall Hazard areas;
11. The Deve/oper shall address all the comments and conditions
identified in the memorandum from the Town Project Engineer dated
February 14, 2008, in conjunction with building permit application;
12. The Deve/oper shall pay, in full, the Traffic Impact Fee of $227, 500.00
prior to the issuance of a building permit;
Prior to Requestinp a Temporarv Certificate of Occupancv
13. The Deve/oper shall revise the Emp/oyee Housing Mitigation P/an to
ensure that the 3.1 deed restricted unit(s) assigned to office uses
(mitigation) a/so be linked to dedicated parking spaces within the
building and that the applicant continue to study the housing plan and
the proposed ownership and deed restriction structure to ensure that
a"live/work" opportunity is afforded to employees of any professional
offices working within the building;
14. The Deve/oper shall provide the /egally executed and duly recorded
Type V/ deed restriction with the Eag/e County C/erk & Recorder's
Office for the on-site employee housing units, and that said units shall
45
sized according to the Town of Vail minimum size requirements
according to Chapter 23, Vail Town Code, and be made availab/e for
occupancy, prior to the issuance of a temporary certificate of
occupancy for the So/ar Vail project.
Variations from Development Standards
Additionally, should the Planning and Environmental Commission choose to
approve this site specific development plan with conditions, the Community
Development Department recommends the Commission approves variations
from the development standards of the Housing (H) District, pursuant to Section
12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20,
Special Review Provisions, Vail Town Code, to allow for certain variations to
setback and parking standards.
Should the Planning and Environmental Commission choose to approve the
variations from the development standards of the Housing (H) District, Staff
recommends the Commission make the following findings part of the motion:
Setbacks
"A. The proposed building setbacks provide necessary separation
between buildings and riparian areas, geo/ogically sensitive areas and
other environmentally sensitive areas.
B. The proposed building setbacks will provide adequate availability of
light, air and open space.
C. The proposed building setbacks will provide a compatib/e re/ationship
with buildings and uses on adjacent properties.
D. The 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. "
Parkinq
`A. The parking demand will be /ess than the requirements identified in
section 12-10-10 of this chapter,�
B. The probable /ong term use of the building or structure, based on its
design, will not generate additiona/ parking demand,�
C. The use or activity is part of a demonstrated permanent program
(including, but not limited to, "rideshare" programs, shutt/e service, or
staggered work shifts) intended to reduce parking demand that has
been incorporated into the project's fina/ approved deve/opment p/an;
and
D. The proximity or availability of a/ternative modes of transportation
(including, but not limited to, public transit or shutt/e services) is
significant and integral to the nature of the use or business activity. "
46
Variance
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of a variance
from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to
allow for development within slopes in excess of 40%, located at 501 North
Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details
in regard thereto.
Should the Planning and Environmental Commission choose to approve the
requested variance, Staff recommends the Commission pass the following
motion:
"The P/anning and Environmenta/ Commission approves the applicanYs
request for a variance from Section 12-21-10, Deve/opment Restricted,
pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16,
Right of Appeal, Vail Town Code, to allow for deve/opment within s/opes in
excess of 40%, located at 501 North Frontage Road West, Lot 8B, B/ock 2,
Vail Potato Patch, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
requested variance, Staff recommends the Commission make the following
findings part of the motion:
"The P/anning and Environmenta/ Commission finds:
The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties c/assified
in the Housing (H) District as the P/anning and Environmental
Comission has consistently he/d that the configuration of existing sites
and buildings are a hardship that may justify the granting of a variance
from the Town's current zoning regulations;
2. The granting of this variance will not be detrimenta/ to the public
hea/th, safety or we/fare, or materially injurious to properties or
improvements in the vicinity,�
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practica/ difficulty or unnecessary
physical hardship inconsistent with the objectives of Tit/e 12,
Zoning Regulations, Vail Town Code, due to the configuration and
existing conditions of the site;
b. There are exceptiona/ or extraordinary circumstances or conditions
applicab/e to the same site of the variance that do not apply
generally to other properties in the same district due to the
configuration and existing conditions of the site;
47
X.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district due to the configuration and
existing conditions of the site.
Conditional Uses
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of conditional
uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for
Type VI employee housing units, professional offices, and public utilities
installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting
forth details in regard thereto.
Should the Planning
proposed conditional
following motion:
and Environmental Commission choose to approve the
use permits, Staff recommends the Commission pass the
"The P/anning and Environmenta/ Commission approves, with conditions,
the ApplicanYs request for conditional use permits, pursuant to Section 12-
61-3, Conditiona/ Uses, Vail Town Code, to allow for Type VI employee
housing units, professiona/ offices, and public utilities installations
including transmission lines and appurtenant equipment, located at 501
North Frontage Road West, Lot 88, B/ock 2, Vail Potato Patch, and setting
forth details in regard thereto.
"The P/anning and Environmenta/ Commission finds:
That the proposed /ocation of the uses are in accordance with the
purposes of this tit/e and the purposes of the zone district in which the
site is /ocated.
2. That the proposed /ocation of the uses and the conditions under which
they would be operated or maintained will not be detrimenta/ to the
public hea/th, safety, or we/fare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed uses will comply with each of the applicab/e
provisions of this title."
ATTACHMENTS
A. Vicinity Map
B. Document describing the project entitled Tear pown and Re-build of Solar
Vail Emplovee Housinq, submitted by GPSL Architects and dated January
28, 2008 (updated March 11, 2008)
C. Copy of proposed plans dated January 25, and March 3, 2008 submitted by
GPSL Architects
D. Parking Management Plan by applicant
E. Professional Office Conditional Use Permit Written Response by applicant
48
F. Employee Housing Conditional Use Permit Written Response and Employee
Housing Plan by applicant
G. Public Utilities Installations including Transmission Lines and Appurtenant
Equipment Written Response by applicant
H. Side Setback Variance Request for the Housing (H) District
I. Letter from the Town of Vail Public Works Department, dated February 14,
2008
J. Traffic Impact Analysis by Peak Land Surveying
K. Telecommunications Antennae Specification Sheet
L. Variance Request for Building on a 40% Slope Written Response by
applicant
49
Attachment A
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 24, 2008
SUBJECT: A request for a final review of a variance from Section 14-3-1, Residential and
Commercial Access, Driveway and Parking Standards, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the
maximum allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block
1, Vail Lionshead Filing 3, and setting forth details in regard thereto.
(PEC080011)
Applicant: Lion Square Lodge North Condominium Association, represented
by Viele Development, LLC
Planner: Bill Gibson
I. SUMMARY
The Applicant, Lion Square Lodge North Condominium Association, represented by
Viele Development, LLC, is requesting a final review of a variance from Section 14-3-1,
Residential and Commercial Access, Driveway and Parking Standards, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for a driveway in excess of the maximum
allowable grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead
Filing 3, and setting forth details.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with conditions,
the applicant's variance request, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned
Lionshead Mixed Use 1 District (LMU-1), and is located within the Lionshead
Redevelopment Master Plan area. In 2006, the Applicant obtained Town of Vail
approvals for a significant renovation and addition to the Lion Square Lodge North
building. However, due to litigation with an adjacent property owner, construction of the
project was delayed. In the mean time, Vail Resort Development Company
reconstructed Lionshead Place as part of the Arrabelle project.
The Applicant is requesting approval of a driveway centerline grade variance to facilitate
the construction of a new snowmelt heated south driveway entrance for the Lion Square
Lodge North renovations. Due to the change in street elevations caused by the
reconstruction of Lionshead Place, the previously approved Lion Square Lodge North
driveway plan no longer complies with the Town's engineering standards.
The applicant has revised the driveway design, to the extent possible, to achieve greater
conformance with the Town Code. The proposed driveway now exceeds the maximum
allowable driveway slope of 12% by less than one percent for a final maximum driveway
grade of 12.67%.
A vicinity map (Attachment A), the applicant's request (Attachment B), and the proposed
plans (Attachment C), a"no variance" alternative plans (Attachment D), and site
photographs (Attachment E) have been attached for reference.
III. BACKGROUND
The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969.
At an undetermined point in time, the Lion Square Lodge North development site was
subdivided from the Montaneros Condominium Association property. Based upon the
original development plans and associated documentation, the existing Lion Square
Lodge North was originally named the "Montaneros II". According to Eagle County
records, the existing 27 dwelling unit Lion Square Lodge North was originally
constructed in 1974. According to Town of Vail records, a temporary Certificate of
Occupancy was issued in April of 1975 and the final Certificate of Occupancy was
issued in July of 1976. Only minor repairs and renovations have occurred since the
original construction. The property was originally zoned Commercial Core 2 District
(CC2) and was rezoned to Lionshead Mixed Use 1 District (LMU-1) in 1999.
On June 26, 2006, the Planning and Environmental Commission approved, with
conditions, the major exterior alteration request for the addition to, and renovation of, the
Lion Square Lodge North.
On August 1, 2006, the Vail Town Council heard an appeal of the major exterior
alteration and upheld the Planning and Environmental Commission's decision of
approval.
Due to subsequent litigation with the Montaneros, construction of the Lion Square Lodge
North exterior renovation was delayed by approximately one year.
In the spring of 2007, Vail Resort Development Company re-constructed the Lionshead
Place street and sidewalks adjacent to the Lion Square Lodge North building as part of
the Arrabelle at Vail Square project.
On January 28, 2008, the Planning and Environmental Commission approved a setback
variance to allow the applicant to enclose the proposed parking structure along the north
property boundary.
IV. APPLICABLE PLANNING DOCUMENTS
Lionshead Redevelopment Master Plan
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline
the important issues to be addressed in the master plan and to provide a policy
framework for the master planning process.
2
2.3.1 Renewa/ and Redeve/opment:
Lionshead can and should be renewed and redeve/oped to become a
warmer, more vibrant environment for guests and residents. Lionshead
needs an appealing and coherent identity, a sense of place, a personality,
a purpose, and an improved aesthetic character.
2.3.2 Vitality and Amenities:
We must seize the opportunity to enhance guest experience and
community interaction through expanded and additiona/ activities and
amenities such as performing arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
2.3.3 Stronger Economic Base Through Increased Live Beds:
In order to enhance the vitality and viability of Vail, renewal and
redeve/opment in Lionshead must promote improved occupancy rates
and the creation of additiona/ bed base ("live beds" or "warm beds')
through new lodging products. Live beds and warm beds are best
described as residentia/ or lodging rooms or units that are designed for
occupancy by visitors, guests, individua/s, or families on a short term
rental basis. In order to improve occupancy rates and create additional
bed base in Lionshead, applications for new deve/opment and
redevelopment projects which include a residential component shall
provide live beds in the form of accommodation units, fractional fee club
units, lodge dwelling units, timeshare units, attached accommodation
units (i. e, lock-off units), or dwelling units which are included in a
voluntary rental management program and available for short term rental.
Further, it is the expressed goa/ of this P/an that in addition to creating
additiona/ bed base through new lodging products, there shall be no net
loss of existing live beds within the Lionshead Redeve/opment Master
P/an study area.
2.3.4 Improved Access and Circulation:
The f/ow of pedestrian, vehicular, bicyc/e and mass transit traffic must be
improved within and through Lionshead.
2.3.5 /mproved Infrastructure:
The infrastructure of Lionshead (streets, walkways, transportation systems,
parking, utilities, loading and delivery systems, snow remova/ and storage
capacity) and its public and private services must be upgraded to support
redevelopment and revitalization efforts and to meet the service
expectations of our guests and residents.
2.3.6 Creative Financing for Enhanced Private Profits and Public
Revenues:
Financially creative and fiscally realistic strategies must be identified so
that adequate capital may be raised from all possib/e sources to fund
desired private and public improvements.
Title 12, Zoninq Requlations
Article 12-7H: Lionshead Mixed Use — 1 Zone District (in part)
12-7H-1: PURPOSE:
The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture
of multiple-family dwellings, lodges, hote/s, fractiona/ fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercia/ establishments
in a clustered, unified deve/opment. Lionshead Mixed Use 1 zone district, in
accordance with the Lionshead Redeve/opment Master P/an, is intended to
ensure adequate light, air, open space and other amenities appropriate to the
permitted types of buildings and uses and to maintain the desirab/e qualities of the
District by establishing appropriate site deve/opment standards. This District is
meant to encourage and provide incentives for redeve/opment in accordance with
the Lionshead Redeve/opment Master P/an.
This Zone District was specifically deve/oped to provide incentives for properties
to redeve/op. The ultimate goa/ of these incentives is to create an economically
vibrant /odging, housing, and commercia/ core area. The incentives in this Zone
District include increases in allowable gross residentia/ f/oor area, building height,
and density over the previously established zoning in the Lionshead
Redeve/opment Master P/an study area. The primary goa/ of the incentives is to
create economic conditions favorable to inducing private redeve/opment
consistent with the Lionshead Redeve/opment Master P/an. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redeve/opment projects. With any deve/opment/redeve/opment proposa/ taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicyc/e access, public plaza
redeve/opment, public art, roadway improvements, and similar improvements.
Chapter 12-17: VARIANCES (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to /essen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this tit/e as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practica/ difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the /ocation of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity,� or from other physical
limitations, street /ocations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or litera/ compliance with a regulation
shall not be a reason for granting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmenta/ commission shall consider the following factors with respect
to the requested variance:
1. The re/ationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to attain the objectives of
this tit/e without grant of specia/ privilege.
4
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the commission deems applicab/e to the
proposed variance.
8. Necessary Findings: The planning and environmenta/ commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of specia/ privilege
inconsistent with the limitations on other properties c/assified in the same zone
district.
2. That the granting of the variance will not be detrimenta/ to the public hea/th,
safety, or we/fare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practica/ difficulty or unnecessary physical hardship
inconsistent with the objectives of this tit/e.
b. There are exceptiona/ or extraordinary circumstances or conditions
applicab/e to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district.
Section 14-3-1: Minimum Standards (in part)
Tab/e 1: Driveway/Feeder Road Standards (in part)
Standard Sing/e-Family, Two-Family, Multiple-Family (4 to 11 Multiple-Family and
Primary/Secondary dwelling units) Commercial (more than 11
dwelling units and/or
commercial
Maximum Grade 10 % unheated 9% unheated 9% unheated
Centerline 12 % heated 12 % heated 12% heated
16% engineered recovery
area
V. ZONING ANALYSIS
Address: 660 West Lionshead Place
Legal Description: Lot 8, Block 1, Vail Lionshead Filing 3
Lot Area: 0.95 acres (41,513 sq. ft.)
Zoning: Lionshead Mixed Use 1(LMU-1)
Land Use Designation: Lionshead Redevelopment Master Plan Area
Development Standard Allowed/Required Proposed
Driveway Grade, Centerline 12.00% 12.67%
5
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Residential Lionshead Mixed Use 1 District
South: Mixed Use Lionshead Mixed Use 1 District
East: Mixed Use Lionshead Mixed Use 1 District
West: Mixed Use Lionshead Mixed Use 1 District
VII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
The requested setback variance will facilitate the construction of a new snowmelt
heated south driveway entrance for the Lion Square Lodge North renovations.
Due to the change in street elevations caused by the reconstruction of Lionshead
Place, the previously approved Lion Square Lodge North driveway plan no longer
complies with the Town's engineering standards. The applicant has revised the
driveway design, to the extent possible, to achieve greater conformance with the
Town Code. The proposed driveway now exceeds the maximum allowable
driveway slope of 12% by less than one percent for a final maximum driveway
grade of 12.67%.
To install the proposed 12.67% driveway and to tap the waterlines buried below
Lionshead Place, the Applicant will be disturbing and rebuilding an approximately
60 foot length of the north/east lane of the street. For the applicant to physically
construct the new driveway at a grade of 12%, it would be necessary for the
Applicant to disturb and rebuild both lanes of Lionshead Place plus the Antlers at
Vail's driveway and sidewalk.
Rob Levine, representing the Antlers at Vail, has communicated their concern
about the negative impacts this scenario would have to their residents, guests,
and business operations. As the adjacent property owner, the Antlers at Vail
supports the approval of the Applicant's variance request.
Staff does not believe the proposed 12.67% driveway will adversely affect the
existing and potential uses. To the contrary, Staff believes requiring the
Applicant to further revise the proposed driveway grade by less than one percent
will have significant negative impacts to the adjacent property owner's existing
improvements. Staff also believes the additional street demolition and
reconstruction that will be necessary to achieve a 12% driveway will create
significant pedestrian and vehicle traffic disruptions for the general public at
Lionshead Place and will cause significant business disruptions to the adjacent
properties such as the Antlers, Lion Square Lodge, and Arrabelle.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity or to attain the
objectives of this title without a grant of special privilege.
6
VIII
The requested setback variance will facilitate the construction of a new snowmelt
heated south driveway entrance for the Lion Square Lodge North renovations.
Due to the change in street elevations caused by the reconstruction of Lionshead
Place, the previously approved Lion Square Lodge North driveway plan no longer
complies with the Town's engineering standards. The applicant has revised the
driveway design, to the extent possible, to achieve greater conformance with the
Town Code. The proposed driveway now exceeds the maximum allowable
driveway slope of 12% by less than one percent for a final maximum driveway
grade of 12.67%.
Staff believes the applicant is requesting relief from the strict and literal
interpretation and enforcement of the driveway standards is necessary to achieve
compatibility and uniform treatment of site in the vicinity,
Due to the unique circumstances of Vail Resort's reconstruction of the Lionshead
Place street occurring while the Lion Square Lodge North redevelopment project
was delayed by litigation, Staff does not view the approval of this request as
grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Staff does not believe the requested variance will have a negative effect on light
and air, distribution of population, transportation and traffic facilities, public
facilities and utilities, or public safety in comparison to the originally approved
Lion Square Lodge North driveway.
Staff also believes the additional street demolition and reconstruction that would
be necessary to achieve a 12% driveway, rather than the proposed 12.67%, will
create significant pedestrian and vehicle traffic disruptions for the general public
at Lionshead Place and will cause significant business disruptions to the adjacent
properties such as the Antlers, Lion Square Lodge, and Arrabelle.
4. Such other factors and criteria as the Commission deems applicable to
the proposed variance.
The Town of Vail Engineer has reviewed the proposal and recommends approval
of the Applicant's variance request.
STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a request for a final review of variances from Section 14-3-1, Residential and
Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable
grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
7
"The P/anning and Environmenta/ Commission approves the applicant's request
for variances from Section 14-3-1, Residentia/ and Commercia/ Access,
Driveway and Parking Standards, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a driveway in excess of the maximum allowab/e grades,
located at 660 West Lionshead Circ/e/ Lot 8, B/ock 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission
impose the following conditions:
"1. This approval is contingent upon the applicant obtaining Town of Vail
approva/ of the associated design review applications. "
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
""Based upon the review of the criteria outlined in Section Vll of this Staff
memorandum to the P/anning and Environmenta/ Commission dated March 24,
2008, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties c/assified in the Lionshead
Mixed Use 1 Zone District as the P/anning and Environmenta/ Commission has
consistent/y he/d that the configuration of existing sites and buildings and the
reconstruction of Lionshead Place are hardships that may justify the granting of
a variance from the Town's current zoning regulations.
2. The granting of this variance will not be detrimenta/ to the public hea/th, safety,
or we/fare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would result in practica/ difficulty or unnecessary physical hardship
inconsistent with the objectives of Tit/e 12, Zoning Regulations, Vail Town
Code due to the configuration of existing site and building and the
reconstruction of Lionshead Place.
b. There are exceptions or extraordinary circumstances or conditions
applicab/e to the same site of the variance that do not apply generally to other
properties in the same district due to the configuration of existing site and
building and the reconstruction of Lionshead Place.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same district due to the configuration of existing site and building and
the reconstruction of Lionshead P/ace. "
0
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Plans
D. "No Variance" Alternative Plans
E. Site Photographs
F. Public Notice
Attachment A
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PLANNING AND ENVIRONMENTAL COMMISSION
March 10, 2008
. 1:OOpm
' ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
������ � 75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Anne Gunion None
Rollie Kjesbo
Michael Kurz
Bill Pierce
Scott Proper
Susie Tjossem
David Viele
Site Visits:
1. Adair Residence - 3035 Booth Falls Road
Driver: Bill
Please note: Times of items are approximate and subject to change.
30 minutes
1. A request for a final review of variance from Section 12-6G5, Setbacks, and Section 12-6G11,
Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side
setback encroachment and to reduce the required on site parking to facilitate construction of an
addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13t" Filing, and setting
forth details in regard thereto. (PEC080002)
Applicant: John and Katherine Adair, represented by Pure Design Studio
Planner: Bill Gibson
ACTION: Denied
MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-1 (Viele opposed)
Bill Gibson made a presentation based on the Staff inemo presented and clarified that a request
for a parking variance is no longer part of the application to be considered.
The applicant's representative, Millie Aldrich, made a presentation and addressed Staff's memo,
specifically the criteria for a variance in relation to the request. The applicant expressed her
intent, and her client's desire, to minimize the degree of non-conformance and to limit the
proposed additions in order to respect the context of the neighborhood, adjacent wetlands and to
improve existing non-conformities such as the existing driveway. She stated that the proposal
being reviewed by the Commission was a change from their initial proposal. She noted that the
initially proposed encroachments were already reduced by approximately 36% in response to
Staff's concerns about the project.
There was no public comment.
Commissioner Viele questioned Staff as to the history of variances granted for this property. He
asked Staff to compare previous variances to the current requests relative to the current
recommendation for denial.
Bill Gibson explained the previously approved variances for the existing house. He established
Staff's position that the proposal would increase the encroachments into the setbacks beyond
Page 1
the minimum degree of relief necessary for this house to be treated equally to other houses in
the zone district.
Commissioner Kjesbo expressed concern about a proposed second story addition in the setback
and the proposals compliance with the review criteria.
Commissioners Proper and Kurz had no comment.
Commissioner Gunion noted that there are other expansion areas available that are not within
the setbacks. She also expressed concern regarding the premise that wetlands present a
constraint, yet the applicant proposes to encroach over the wetlands.
Commissioner Tjossem had no comment.
Commissioner Pierce asked the applicant to clarify the plans to span the building over the
wetlands and ask about the status of obtaining utility company approvals for the proposed
encroachments into the utility easements.
Millie Aldrich clarified that plans to span across (over) existing wetlands and the status of the
utility company review status.
5 minutes
2. A request for a final review of a development plan, pursuant to Section 12-61-11, Development
Plan Required, and Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a
redevelopment of Solar Vail into a mixed use development to include Type VI employee housing
units, professional offices, subterranean parking, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8,
Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall
Architects, P.C.
Planner: Scot Hunn
ACTION: Table to March 24, 2008
MOTION: Kjesbo SECOND: Proper VOTE: 7-0-0
30 minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards
and criteria related to mitigating employee housing requirements, and setting forth details in
regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION: Approved, with modifications
MOTION: Kjesbo SECOND: Kurz
VOTE: 4-3-0
(Gunion, Proper, Viele Opposed)
MODIFICATIONS(S):
1. Delete any "weighting" of the five available mitigation methods.
2. Except when on-site units are required, clarify that developers shall have the
discretion to select the mitigation method, or methods, that are most advantageous to
their circumstances when presenting an Employee Housing Plan to the Town for
review.
Page 2
Bill Gibson made an introduction to Staff's memorandum, the proposed recommendations, and
the draft ordinance.
Nina Timm, Housing Coordinator, made a detailed presentation based upon Staff's
memorandum. She described the direction given by the Commission to included "weighted"
mitigation methods to incent on-site employee housing mitigation. She also described Staff's
response to that direction and the recommendation of the Vail Local Housing Authority.
Commissioner Gunion asked for clarification whether off-site units must be located within the
Town of Vail.
Nina Timm responded that all off-site units must be located within the Town of Vail.
Commissioner Viele asked for clarification regarding the changes (percentage increase) being
proposed for Commercial Linkage mitigation amount. He specifically asked if the change was
equal to 2.5 times today's mitigation. He asked for clarification regarding the increases to
Inclusionary Zoning mitigation amounts in regards to the proposed "weighted" mitigation
methods.
Nina Timm and Bill Gibson stated a 15% increase is proposed, over today's standard. They
clarified that this equates to a total increase of 150% for fee-in-lieu under inclusionary zoning
regulations.
Commissioner Tjossem asked for clarification regarding the Commission's discretion regarding
site specific housing mitigation plans, inclusive of off-site vs. on-sight mitigation methods that
might be brought forward in the future.
Nina Timm clarified the Commission would have the discretion to act on a case by case basis
and make recommendations to the Town Council.
Dominic Mauriello spoke to the proposed regulations. He expressed concerns that the proposed
amendments are a"major re-write" of the legislation adopted in 2007 when the amendments
were being presented as "minor revisions". He expressed concern regarding the original nexus
study and the premise that mitigation rates proposed in the draft regulations were established on
specific generation rates supported by the nexus study. He stated the proposed regulation will
disproportionately establish a mitigation rate for Inclusionary zoning twice what was originally
established by the nexus study.
He urged the Commission to table the application, so the Town Council can not take action on
the request. He encouraged additional public outreach, to allow ample time to further study the
proposed revisions.
He expressed concern that the pay-in-lieu fee increase is actually 250%; not 150% as reported
by Staff. He continued by reiterating his concern regarding the magnitude of change to the
required mitigation. He stated support for deed restricting off-site units (existing) within the
Town, as a cost-effective alternative to regulating the provision of costly on-site mitigation. He
stated that the goal should be "heads in beds", not that all mitigation options should be equally
painful to developers. He voiced concern that the proposed weighted mitigation methods would
by default require 100% on-site housing.
He stated that the regulation language will preclude the Commission from using discretion in
evaluating a housing plan against the criteria proposed and that the Staff and Commission
Page 3
should consider including language that excludes not-for-profit employers from the regulations.
He presented the Commission with a letter from the Vail Valley Medical Center.
Finally, he stated there are no carrots (incentives) and are only sticks.
Commissioner Gunion asked Staff to clarify ".11" as an employee generation rate related to
residential development and Inclusionary Zoning.
Nina Timm clarified.
Commissioner Pierce noted the Commission did not agree with the Town Council when
Inclusionary Zoning was not based upon the same nexus study as Commercial Linkage.
Nina Timm noted that the adopted Inclusionary Zoning requirements were based upon the
nexus, plus the secondary impacts of residential development.
Jim Lamont, Vail Homeowners Association, asked for clarification on the proposed regulations,
Appendix B. He then asked for clarification regarding provisions to allow for variances to the
parking standards as an incentive to facilitate the provision of employee housing on-site.
Nina Timm explained Staff did revise the language to allow the Commission the discretion to
allow variances to parking standards in order to facilitate on-site mitigation
Jim Lamont expressed concern regarding the Town's authority to preclude a developer's ability
to provide housing mitigation outside the Town, while the Town has the ability to provide housing
for its own employees outside of the Town. The Town will then have the ability to deny private
industry to the same benefit that the Town enjoys. He believes this is a restraint of trade issue.
Staff clarified payment-in-lieu as a mitigation method allows the Town Council, with
recommendation from the Housing Authority, to determine where to spend any fees paid.
Commissioner Kjesbo questioned Dominic Mauriello's statements regarding the costs to provide
on-site housing.
Dominic Mauriello reiterated his concern that the regulations, as proposed, were a"stick", not a
"carrot". He continued, stating under the proposed regulation, there will be no cost effective
means to deviate from providing housing on-site within a given development site.
Commissioner Kjesbo noted that the Lionshead Redevelopment Master Plan recommends EHUs
be provided on-site.
Commissioner Proper stated he believed the Staff did not adhere to the direction given by the
Commission to provide a framework for evaluating housing plans according to criteria and
instead has fundamentally re-written the existing legislation.
Commissioner Tjossem expressed concern the Staff has presented a regulation that will make
the process (to evaluate housing mitigation plans) more difficult to administer. She stated that
the mitigation methods should be pain-free, not equally painful.
Commissioner Proper expressed his concern regarding the effect that the proposed regulation
will create.
Page 4
Commissioner Viele stated he believes that the proposed regulation will be challenged in court
and that the regulations are fundamentally a growth control mechanisms. He agrees with Mr.
Mauriello's statements and suggested that the core issue is growth control via taxation on
developers.
He stated the issue is not about employee housing, but is rather about a tax deferred subsidy to
employees. He continued by stating the more Inclusionary Zoning that is required for a particular
development project, the higher the price of free-market housing needed to make up the amount
of subsidy provided by the developer. He estimated that the current subsidy (burden) to
developers in the Town of Vail is 15% - 20%. He agrees that the proposed regulation is a
complete re-write of existing legislation without input form citizens.
He expressed his extreme displeasure with the Staff's recommendations. He stated he does not
believe Staff has conducted enough due diligence with regard to public outreach, interviewing
the development community and analyzing the economic impacts of the proposed regulation.
He believes the work presented has been "done in a back room" and that the proposed
regulation should be opened up for public review — that the public notice requirements have been
inadequate and have failed.
Commissioner Tjossem asked if a work session with Town Council will be possible.
George Ruther stated a work session is appropriate and that Staff would work to schedule such
work session on March 18, 2008. He continued, urging the Commission to take action to forward
a recommendation of approval, approval with conditions or denial of the application to the Vail
Town Council. He cited Staff's record of appearing before the Commission numerous times to
address the Commission's concerns and requests and to put forth revisions addressing those
concerns.
Commissioner Kurz stated he believes Staff has presented exactly what the Commission had
asked for previously. Additionally, this is a community based recommendation. He urged his
fellow Commissioners to act on the application, not to table.
Commissioner Proper disagreed with Commissioner Kurz, stating he believes that Town Staff
has taken it upon themselves to re-write the regulation.
Commissioner Viele agreed.
Chairman Pierce did acknowledge the public should be involved in such revisions to a"major
piece of legislation", however he also expressed comfort with the Commission's charge to act on
such applications given adequate public notice and that the Town Council will ultimately decide
on the matter, as a community issue.
Commissioner Viele stated he agrees that employee housing is a community issue.
Commissioner Gunion stated the Inclusionary Zoning regulation should be tied to the nexus
study. She expressed concern regarding the proposed mitigation rates in relation to the original
nexus study; that the proposed numbers are disproportionate to the mitigation required of new
residential developments to "make up for the sins of our fathers". She clarified the proposed
regulation (and numbers/facts provided) will not achieve the original goal by the Commission to
clarify the criteria for evaluating housing mitigation plans. She further expressed support for
allowing developers to provide housing outside the Town of Vail. The focus of any qualitative
changes to the regulation should aim to ensure that housing is provided no matter where or how
much it costs.
Page 5
Commissioner Kurz expressed concern regarding the convoluted nature of the discussions that
have transpired. He reminded the Commission that the developers who have spoken asked for
clear expectations and stated "If I know the requirements, I can solve for them." He expressed
concern regarding the proposed numbers (mitigation rates) presented, yet reiterated his request
for the Chairman to call the vote.
Commissioner Kjesbo clarified that the Commission did ask for "the numbers" of how mitigation
rates would impact a given development. He expressed concern that unless the regulation is
written correctly, no on-site housing (mitigation) will occur in the future and the Town will be left
with a further deficit of employee housing within the Town. He expressed support to further
incentivize on-site mitigation methods.
Commissioner Viele asked Staff for clarification regarding the Housing Authority's
recommendations.
Nina Timm clarified the recommendations of the Authority. She stated the Authority's
recommendations were to keep all methods of mitigation rates the same, but to require at least
half of the requisite mitigation on-site.
Chairman Pierce clarified the analysis provided to the Commission by Dominic Mauriello, stating
that the analysis presented used different factors than are used in the existing Town of Vail
nexus study an ordinances; that his analysis was essentially comparing "apples to oranges".
Jim Lamont reiterated his concern regarding the proposed incentives to allow discretion
(variances) in the number of parking spaces to be provided in new developments. He also
expressed concern and asked for clarification regarding the possible reduction in required
(minimum) square footage required per employee (bed) from 250 to 350 square feet as it related
to the Timber Ridge redevelopment proposal by Lincoln Property Company.
Dominic Mauriello suggested that language within the proposed regulation should be revised to
clearly state "50% of required mitigation has to be mitigated on site"; "the remaining 50% is
(expressly) at the discretion of the developer to provide — either within or outside the Town".
Chairman Pierce reiterated the goals of the regulations have been to ensure and encourage
housing the Town's workforce within the Town.
Nina Timm reminded the Commission that an express goal of the Town is to ensure that 30% of
employee housing is provided within the Town of Vail.
George Ruther requested the Commission take action to forward a recommendation for
approval, approval with conditions, or denial of the application to the Vail Town Council. He
offered to schedule a work session between the Planning and Environmental Commission and
the Council on March 18, 2008.
Commissioner Proper stated he feels the existing legislation is relatively untested and that
changing the regulations is pre-mature. He feels the proposed 50% requirement for on-site units
is unjustified.
Commissioner Kurz asked for clarification from Staff regarding establishing a 50% goal or
mitigation rate.
Page 6
Nina Timm reported that Staff had discussed the proposed figure (50%) and did certain feasibility
analyses, applying a 50% mitigation rate to existing projects such as Arrabelle to "test" the figure.
She reiterated the Housing Authority had reviewed the proposed regulation and had rendered
recommendations.
Commissioner Proper questioned Staff further regarding the actual source of Staff's
recommended figure of 50%.
Dominic Mauriello stated that he did his own investigation, speaking to the same developers,
employers and or employees that Staff interviewed. He disagrees with Staff's estimates on the
number of employees to be generated by a given employer. He feels that Staff's proposed
numbers (employee generation rates) are not accurate.
Chairman Pierce called for the Commission to vote on the application as presented.
Commissioner Kjesbo made a motion to approve the regulation, with the following changes that
at least half the mitigation be met with on-site units with discretion given to developer to use any
of the methods for the remainder.
Commissioner Kurz seconded the motion and asked for clarification regarding the motion to
revise the existing regulation to require 50% of the required mitigation on-site, and to allow 50%
of the required mitigation to be provided off-site. Specifically, he asked if Commissioner Kjesbo
intended to limit the 50% off-site mitigation to those areas within the Town boundaries.
Commissioner Kjesbo affirmed that any off-site mitigation should be provided within the Town's
boundaries.
George Ruther reviewed the changes proposed by the Commission and clarified, from Staff's
perspective that the only proposed amendment to the existing regulations was to further regulate
that 50% of any required mitigation be provided on site; that no criteria (as previously asked for
by the Commission) are being proposed or acted upon at this time.
Commissioner Proper asked about whether the origin of the percentages was arbitrary.
Commissioner Pierce acknowledged it is arbitrary.
Commissioner Kurz responded in agreement.
Commissioner Proper stated that supporting a motion whose basis the Commission
acknowledged is arbitrary was ridiculous.
Commissioner Viele stated that the motion was arbitrary and presupposes the Town's
knowledge. The proposal is onerous and unacceptable.
Bill Gibson asked the Commission for clarification regarding proposed revisions made: on Page
47, Commercial Linkage — strikeout language regarding the weighted methods of mitigation. The
examples will be modified to reflect the proposed changes.
He also confirmed that the Commission supported the remaining "clean-up" amendments to the
Town Code,
Dominic Mauriello suggested changes to square footage requirements for Type III EHUs.
Page 7
Bill Gibson clarified that no changes were necessary for Type III EHUs, since new Type VII
EHUs were being created to explicitly address Inclusionary Zoning and Commercial Linkage.
Commissioner Viele stated that the record should show that the reason any modification was
made was due to the fact that the Commission found the proposal to be unacceptable;
amendments to ensure that 50% of mitigation was provided on-site were included in the motion
as a compromise to keep the regulation (review) moving forward.
30 minutes
4. A request for a final recommendation to the Vail Town Council, for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-3,
Administration and Enforcement, Vail Town Code, to establish procedures for approving public
art in private development, and setting forth details in regard thereto. (PEC080004)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Approved
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
Rachel Friede gave a presentation per the Staff inemorandum.
Leslie Fordham was available for questions.
Nancy Sweeny asked for clarification of if there is a pay-in-lieu option.
Rachel Friede answered that the proposed text amendments only include provisions for
development plans that include public art. Special Development Districts can still negotiate to
contribute to AIPP, but that is a separate process.
Nancy Sweeny noted that this is an important funding opportunity for AIPP projects.
Scott Proper questioned how these regulations related to funding or allocation of funds for art.
Commissioner Pierce clarified that in an SDD scenario a developer may propose public art to off-
set impacts.
Commissioner Viele clarified that these regulations only apply if a developer chose to provide art.
Nancy Sweeny noted fee-in-lieu should be maintained as an option for developers.
Rachel Friede clarified that public art is not a requirement, but a voluntary contribution as part of
proposed mitigation of development impacts.
5 minutes
5. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Page 8
Applicant:
Planners:
ACTION:
MOTION:
Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Warren Campbell/Scot Hunn
Table to March 24, 2008
Kjesbo SECOND: Proper
6. Approval of February 25, 2008 minutes
MOTION: Kjesbo SECOND: Tjossem
7. Information Update
VOTE: 7-0-0
VOTE: 7-0-0
8. Adjournment
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published March 7, 2008, in the Vail Daily.
Page 9
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PROOF OF PUBLI.CA7101
STATE OF COLORADO
_SS.
COUNTY OF EAGLE
i, Steve Pope, do solemnly swear that I am the Pubiisher of The Vail ___.,, ..._. ,,,,, „u,
per printed, in whole or in part and pubiished in the County of Eagle, State of Colorado, �and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly
in said County of Eagie for a period of more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the
United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend-
ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of ........�.... consecutive insertions; and that the first
publication of said notice was in the issue of said newspaper dated ..... ���
. ........... ...................
A. D. ... .: .. .D,�..
... and that the last pubiication of said notice was in the issue of said newspaper
dated...� i����l/i.'.��. A.D. .......���
..... ...................
In witness whereof I have hereunto set my hand this ..��day of ......//�t���-��O
. .. .....................
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Publisher
Subscribed and sworn to before me a notary public in and for the County of Eagle, State of Colorado,
this ......C.�'.�:�......... day of ....��.1. [�r,-�s^'�::f.��
My Commission expires .
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, March 24, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council on a major amendment to
Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A,
Special Development District, Vail Town Code, to allow for an addition to the Vail
Cascade Resort and Spa by enclosing portions of two decks, located at 1300
Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard
thereto. (PEC080007)
Applicant: L.O. Holding, Inc., represented by JG Johnson Architects
Planner: Nicole Peterson
A request for a final recommendation to the Vail Town Council of a proposed
amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8,
Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan,
to amend those elements of the Master Plan referencing the North Day Lot
recommendations and requirements to facilitate the redevelopment of the site with an
employee housing project, transportation center, and future development site, located at
600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth
details in regard thereto. (PEC080008)
Applicant: Vail Resorts Development Company, represented by the Mauriello
Planning Group, LLC
Planner: Warren Campbell/George Ruther
A request for final review of a major exterior alteration pursuant to Section 12-7H-7,
Exterior Alterations Or Modifications, and conditional use permit pursuant to Section 12-
7H-3, Permitted And Conditional Uses; First Floor or Street Level, to allow for the
redevelopment of the North Day Lot with a structure containing Type III employee
housing units, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing
3, and setting forth details in regard thereto. (PEC080009)
Applicant: Vail Resorts Development Company, represented by the Mauriello
Planning Group, LLC
Planner: Warren Campbell/George Ruther
A request for final review of a conditional use permit pursuant to Section 12-7H-5,
Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building), Vail
Town Code, to facilitate the construction of a public building, grounds, and facilities
(transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1,
Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010)
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
A request for a final review of a variance from Section 14-3-1, Residential and
Commercial Access, Driveway and Parking Standards, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for a driveway in excess of the maximum allowable
grades, located at 660 West Lionshead Circle/ Lot 8, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080011)
Applicant: Lion Square Lodge North Condominium Association, represented by
Viele Development, LLC
Planner: Bill Gibson
A request for a final review of a variance from Section 12-21-10, Development
Restricted, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the
construction of improvements within slopes equal to or greater than 40%, located at 501
North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in
regard thereto. (PEC080012)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz
Lindall Architects, P.C.
Planner: Scot Hunn
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published March 7, 2008, in the Vail Daily.
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