HomeMy WebLinkAbout2008-0512 PECPLANNING AND ENVIRONMENTAL COMMISSION
May 12, 2008
1:OOpm
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TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Gorsuch Ltd. 263 East Gore Creek Drive
45 Minutes
A request for work session for 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: Scot Hunn
ACTION:
MOTION: SECOND: VOTE:
20 Minutes
2. A request for a work session to discuss prescribed regulation amendments to Chapter 12-16,
Conditional Use Permits, to allow for the administrative review and approval of specific
conditional uses, and setting forth details in regard thereto. (PEC080103)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
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 prescribed regulation amendments to Chapter 12-2,
Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and
Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented
businesses as a conditional use in the Heavy Service District, and setting forth details in regard
thereto. (PEC080005)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
Page 1
5 Minutes
4. A request for final review of a major exterior alteration pursuant to Section 12-7H-7,
ExteriorAlterations 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 June 9, 2008
MOTION: SECOND: VOTE:
5 Minutes
5. 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 June 9, 2008
MOTION:
SECOND: VOTE:
6. Approval of April 28, 2008 minutes
MOTION: SECOND: VOTE:
7. Information Update
8. 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 May 9, 2008, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 12, 2008
SUBJECT: A request for a work session to discuss 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. (PEC07-0025)
Applicant(s): Gorsuch, Ltd. and John P. McBride, represented by Tom
Frye and Jay Peterson
Planner: Scot Hunn
I. SUMMARY
The applicant, Gorsuch Ltd. and John McBride, represented by Tom Frye of
Resort Design Associates International, and Jay Peterson, Bailey and Peterson,
has requested a work session with the Town of Vail Planning and Environmental
Commission to discuss the revised plans to demolish and re-develop the Clock
Tower Building in the Commercial Core 1 (CC1) zone district of Vail Village. The
Clock Tower re-development project includes, but is not limited to, demolition of
the existing Clock Tower building in its entirety and the subsequent re-
development of a new building and clock tower in the same location.
Discussion is requested with regard to master plan recommendations, specific
design guidelines and Code requirements applicable to any re-development of
this prominent site. To this end, Staff has prepared a written analysis
summarizing the requirements and guidelines outlined in the Vail Village Master
Plan, the Vail Village Urban Design Guide Plan, Town of Vail Streetscape Master
Plan Addendum and the Town's Zoning Regulations which will apply to the
continued review of the project.
As this is a work session, Staff is making no recommendation at this time. The
applicant has requested that the public hearing to consider this application be
tabled to the Planning and Environmental Commission's regularly scheduled
meeting of June 9, 2008.
II. DESCRIPTION OF THE REQUEST
The purpose of this meeting is to discuss how the Clock Tower re-development
proposal compares to the zoning regulations prescribed for development within
the Commercial Core Area 1 District, master plan documents, as well as site
specific design guidelines outlined in both the Vail Village Master Plan, the Vail
Village Urban Design Guide Plan and the Town of Vail Streetscape Master Plan
Addendum. The Applicant has submitted a set of revised plans for review and
consideration dated February 11, 2008.
The attached plan sets (Attachment B) indicate proposed improvements
including but not limited to:
• Five floor levels (four finished, with three above grade) inclusive of a sub-
terranean basement level (storage), a retail basement level, a main level
at-grade with Gore Creek Drive, second level (retail), and a third retail
level;
• Reconstruction of the Clock Tower;
• Outdoor terrace space and seating area along Bridge Street;
• Streetscape improvements on Gore Creek Drive and Bridge Street;
• Streetscape improvements to alleyway and loading areas on east side of
existing Clock Tower building.
In addition, the Applicant has provided calculations relative to (gross) square
footage of commercial/retail and office space within the existing and proposed
structure (Attachment C - pg. 18). Briefly (in part):
Existin Proposed Increase
Total 24,658 sq. ft. 35,786 sq. ft. 11,128 sq. ft.
Of note is the addition of a third story above grade/street level where additional
retail space is contemplated, asub-terranean basement level below a basement
retail floor level, as well as the elimination of habitable space within the upper
portions of the tower element.
The applicant proposes this re-development in order to gain a more functional
floor plan and improve retail operations on the site. Simply, the existing building
has been remodeled several times, yet still presents unique challenges from a
retailing, merchandising and operations standpoint. Therefore, a primary goal of
any re-development of this site will be to increase functionality, increase usable
(retail) square footage, improve circulation within the store, and improve the
display of merchandise.
The intended outcome of this meeting is for the Commission to have a greater
understanding of the Master Plan recommendations and guidelines affecting re-
development within the Commercial Core 1 District and to allow the Commission,
applicant and publican opportunity to comment on the project's potential benefits
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and impacts. Although the Commission will not be taking formal action on the
development application at this time, the Staff and the applicant are requesting
that the Commission provides input and direction to the applicant on the issues
related to the proposal, as well as specific or additional requirements for the
impending review and approval processes. To this end, the Clock Tower building
re-development project includes the following primary applications:
• A major exterior alteration application pursuant to Section 12-7B-7
of Title 12, Vail Town Code;
• A variance application pursuant to Section 12-7B-15, Site
Coverage, and Section 12-7B-16, Landscaping and Site
Development, Vail Town Code;
In addition, the applicant proposes improvements that will impact existing view
corridors. Therefore, the applicant will be required to submit the following:
• A view corridor amendment application pursuant to Section 12-22-
5, Amendments, Vail Town Code;
• A view corridor encroachment application pursuant to Section 12-
22-6, Encroachments into Existing View Corridors, Vail Town
Code.
III. BACKGROUND
The Clock Tower building re-development project is the comprehensive re-
development of Lot(s) `D' & `E', Block 5, Vail Village, First Filing and Lot(s) `C' &
`F' Slifer/McBride Subdivision. This highly prominent development site is located
in the center of the Commercial Core 1 zone district -within the historic Vail
Village, at the northeast corner of the Gore Creek Drive and Bridge Street
intersection. This area is further identified within the "Mixed Use" land use
designation of the Vail Village Master Plan (Land Use Plan), and is more
specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This
sub-area is described (in part) as follows:
"The core area, with it's predominantly Tyrolean architecture, is the site of
the earliest development in Vail. Over time, a need to upgrade and
improve infrastructure such as loading and delivery facilities, drainage,
paved surfaces and other landscape features has become apparent.
Many improvements to public spaces will be addressed as part of an
overall streetscape improvement project. There is also the potential to
initiate a number of these improvements in conjunction with private sector
development projects."
The Clock Tower building has undergone multiple additions and remodels since
original construction. The combined total area of the site is approximately 0.205
acres (8,929.80 sq. ft.) in size. A vicinity map has been attached for reference
(Attachment A).
On May 14, 2007, the applicant presented conceptual plans to the Planning and
Environmental Commission. At that meeting, the Commission expressed general
support for the proposal, and stated concerns with the design of the proposed
tower, landscaping and streetscape improvements. Specifically, the Commission
stated the following concerns and suggestions:
• Maintain the Bridge Street presence of the building (outdoor deck area) to
preserve the vitality of the streetscape and pedestrianization;
• The clock tower is the "icon and branding of Vail". The new tower should
emulate the existing design;
• The tower height may increase, but should not be permitted to be made
wider;
• The design must preserve view corridors and views from surrounding
buildings;
• Simplify the design of two separate tower elements and revise the plans
to "break-up"the south facade;
In summary, the Commission directed the applicant to study the proposed design
of the tower element -encouraging the applicant to maintain more of the existing
tower characteristics -and directing the applicant to revise the plans to
incorporate required landscaping along the south and west sides of the building
to enhance the streetscape and pedestrian level experience and to "soften" the
building facades.
On February 25, 2008, the applicant submitted revised building plans, site plans
and other information necessary to continue the review of this major exterior
alteration. The plans were scheduled for review on the March 10, 2008, Planning
and Environmental Commission agenda. However, the applicant subsequently
requested a tabling of the review to allow for certain information and documents
to be submitted for review, in accordance with the submittal requirements of the
Town Code. The review was tabled once again on March 24, 2008 and again on
April 14, 2008.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning & Environmental Commission, Design Review Board, Town
Council, and Staff with regard to applications submitted on behalf of the
applicant.
A. Exterior Alteration/Modification in the Commercial Core I (CCI) zone
district
Order of Review: Generally, applications will be reviewed first by the
Planning and Environmental Commission for impacts of use/development
and then by the Design Review Board for compliance of proposed buildings
and site planning.
Planning and Environmental Commission:
The PEC shall review the proposal for:
- Conformance with development standards of zone district
- Lot area
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- Setbacks
- Building Height
- Density
- GRFA (if applicable)
- Site coverage
- Landscape area
- Parking and loading
- Compliance with the goals and requirements of the Vail Village
Master Plan, the Streetscape Master Plan, and the Vail
Comprehensive (Land Use) Plan
- Compliance with the Vail Village Urban Design Guide Plan and
Vail Village Design Considerations with respect to the following:
- Pedestrianization
- Vehicular penetration
- Streetscape framework
- Street enclosure
- Street edge
- Building height
- Views
- Service/delivery
- Sun/shade analysis
The Planning and Environmental Commission is responsible for
final approval/denial of a Major/Minor Exterior Alteration. The Planning and
Environmental Commission shall review the proposal for compliance with the
adopted criteria. The Planning and Environmental Commission's approval
"shall constitute approval of the basic form and location of improvements
including siting, building setbacks, height, building bulk and mass, site
improvements and landscaping.
Design Review Board:
The Design Review Board has no review authority on a Major or
Minor Exterior Alteration, but must review any accompanying Design Review
Board application. The Design Review Board does however make a
recommendation to the Planning and Environmental Commission on any
deviations proposed to the architectural design guidelines prescribed in the
Vail Village Master Plan as well as the Vail Village Urban Design Guide Plan.
The DRB is responsible for evaluating the proposal for:
- Architectural compatibility with other structures, the land and
surroundings
- Fitting buildings into landscape
- Configuration of building and grading of a site which respects the
topography
- Removal/Preservation of trees and native vegetation
- Adequate provision for snow storage on-site
- Acceptability of building materials and colors
- Acceptability of roof elements, eaves, overhangs, and other
building forms
- Provision of landscape and drainage
- Provision of fencing, walls, and accessory structures
- Circulation and access to a site including parking, and site
distances
- Location and design of satellite dishes
- Provision of outdoor lighting
- Compliance with the Vail Village Urban Design Guide Plan and
design considerations
Staff.
The staff is responsible for ensuring that all submittal requirements are
provided and plans conform to the technical requirements of the Zoning
Regulations. The staff also advises the applicant as to compliance with the
applicable master plans and site specific design guidelines. Staff provides a
staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and
a recommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
Town Council:
Actions of Design Review Board or Planning and Environmental Commission
may be appealed to the Town Council or by the Town Council. Town Council
evaluates whether or not the Planning and Environmental Commission or
Design Review Board erred with approvals or denials and can uphold, uphold
with modifications, or overturn the board's decision.*
Note:
Staff is recommending that the Applicant meet with the Town Council rip or to proceeding
with any further application submittals and reviews by the PEC with the specific intent to
obtain "Permission to Proceed" with regard to any proposed improvements (uses) within
the public way.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Municipal Code, Title 12 Zoning Regulations
Chapter 7 -Commercial and Business Districts, Article B, Commercial Core 1
(CC1) District (in part)
12-78-1: PURPOSE:
The Commercial Core 1 District is intended to provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
Commercial Core 1 District is intended to ensure adequate light, air, open space,
and other amenities appropriate to the permitted types of buildings and uses. The
District regulations in accordance with the Vail Village Urban Design Guide Plan
and Design Considerations prescribe site development standards that are
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public greenways, and
to ensure continuation of the building scale and architectural qualities that
distinguish the Village.
12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part):
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A. Subject To Review: The construction of a new building, the alteration of an
existing building which adds or removes any enclosed floor area, the alteration of
an existing building which modifies exterior rooflines, the replacement of an
existing building, the addition of a new outdoor dining deck or the modification of
an existing outdoor dining deck shall be subject to review by the Planning and
Environmental Commission (PEC) as follows (in part):
1. Application: An application shall be made by the owner of the building or
the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for condominiumized
buildings shall be authorized by the condominium association in
conformity with all pertinent requirements of the condominium
association's declarations.
12-78-20: VAIL VILLAGE URBAN DESIGN PLAN (in part):
Adoption: The Vail Village Urban Design Guide Plan and design considerations
are adopted for the purposes of maintaining and preserving the character and
vitality of the Vail village (CC1) and to guide the future alteration, change and
improvement in CC1 district. Copies of the Vail village design guide plan and
design considerations shall be on file in the department of community
development.
Chapter 10 -Off Street Parking and Loading
12-10-8: PARKING STANDARDS
12-10-9: LOADING STANDARDS:
A. Location: All off street loading berths shall be located on the same lot as
the use served, but not in the required front setback. Off street loading
berths shall be provided in addition to required off street parking and shall
not be located within accessways.
8. Size: Each required loading berth shall be not less than twelve feet (12')
wide, thirty five feet (35) long, and if enclosed and/or covered, fourteen feet
(14') high. Adequate turning and maneuvering space shall be provided
within the lot lines. At the planning and environmental commission's
discretion, variations to the minimum loading berth dimension standards
outlined above may be approved or required, subject to the planning and
environmental commission finding that such variation is necessary to
prevent negative impacts to the public right of way.
C. Access: Accessways not less than ten feet (10') or more than twenty feet
(20') in width shall connect all loading berths to a street or alley. Such
accessways may coincide with accessways to parking facilities.
12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED
A. Criteria: The town council by resolution may exempt certain areas from the
off street parking and loading requirements of this chapter if alternative
means will meet the off street parking and loading needs of all uses in the
area. Prior to exempting any area from the off street parking and loading
requirements, the council shall determine the following:
That the exemption is in the interests of the area to be exempted and
in the interests of the town at large.
2. That the exemption will not confer any special privilege or benefit
upon properties or improvements in the area to be exempted, which
privilege or benefit is not conferred on similarly situated properties
elsewhere in the town.
3. That the exemption will not be detrimental to adjacent properties or
improvements in the vicinity of the area to be exempted.
That suitable and adequate means will exist for provision of public,
community, group or common parking facilities; for provision of
adequate loading facilities and for a system for distribution and pick
up of goods; and for financing, operating and maintaining such
facilities; and that such parking, loading and distribution facilities shall
be fully adequate to meet the existing and projected needs generated
by all uses in the area to be exempted.
8. Parking Fund: For projects located within the town's "parking pay-in-lieu"
zones (as identified on the town's official "parking pay-in-lieu zone" maps,
incorporated by reference) property owners or applicants shall be required
to contribute to the town parking fund, hereby established for the purpose
of meeting the demand and requirements for vehicle parking to the extent
outlined in applicable master plan documents and the zoning regulations.
At such time as any property owner or other applicant proposes to develop
or redevelop a parcel of property within an exempt area which would
require parking and/or loading areas, the owner or applicant shall pay to the
town the parking fee hereinafter required:
1. The parking fund established in this section shall receive and disburse
funds for the purpose of conducting parking studies or evaluations,
construction of parking facilities, the maintenance of parking facilities,
the payment of bonds or other indebtedness for parking facilities, and
administrative services relating to parking.
2. The parking fee to be paid by any owner or applicant shall be
determined by the town council.
3. If any parking funds have been paid in accordance with this section
and if subsequent thereto a special or general improvement district is
formed and assessments levied for the purpose of paying for parking
improvements, the payer shall be credited against the assessment
with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby
determined to be eighteen thousand five hundred ninety seven dollars
eighty cents ($18,597.80) per space for residential uses (including,
but not limited to, accommodation units, timeshares and fractional fee
units). There is no pay in lieu fee for commercial uses. This fee shall
be automatically adjusted annually by the percentage the consumer
price index of the city of Denver has increased or decreased over
each successive year.
5. For additions or enlargements of any existing building or change of
use that would increase the total number of parking spaces required,
an additional parking fee will be required only for such addition,
enlargement or change and not for the entire building or use. No
refunds will be paid by the town to the applicant or owner.
6. The owner or applicant has the option of paying the total parking fee
at the time of building permit or paying over a five (5) year period. If
the latter course is taken, the first payment shall be paid on or before
the date the building permit is issued. Four (4) more annual payments
will be due to the town on the anniversary of the building permit.
Interest often percent (10%) per annum shall be paid by the applicant
on the unpaid balance. If the owner or applicant does choose to pay
the fee over a period of time, he or she shall be required to sign a
promissory note which describes the total fee due, the schedule of
payments, and the interest due. Promissory note forms are available
at the offices of the department of community development.
7. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking
fee will be calculated using that fraction. This applies only to the
calculation of the parking fee and not for on site requirements.
Chapter 17 -Variances
12-17-1: PURPOSE
A. Reasons For Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with
the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A
practical 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 locations or
conditions in the immediate vicinity. Cost or inconvenience to the applicant
of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
8. Development Standards Excepted: Variances maybe granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage,
usable open space, landscaping and site development, and parking and
loading requirements; or with respect to the provisions of Chapter 11of this
title, governing physical development on a site.
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C. Use Regulations Not Affected: The power to grant variances does not
extend to the use regulations prescribed for each zone district because the
flexibility necessary to avoid results inconsistent with the objectives of this
title is provided by Chapter 16 "Conditional Use Permits", and by section
12-3-7 "Amendment", of this title.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance:
1. The relationship 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 title 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 applicable to
the proposed variance.
8. Necessary Findings: The planning and environmental commission shall
make the following findings before granting a variance:
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 zone 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 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 22 -View Corridors (in part)
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12-22-1: PURPOSE
The town believes that preserving certain vistas is in the interest of the town's
residents and guests. Specifically, the town believes that:
A. The protection and perpetuation of certain mountain views and other
significant views from various pedestrian public ways within the town will
foster civic pride and is in the pubic interest of the town.
8. It is desirable to designate, preserve and perpetuate certain views for the
enjoyment and environmental enrichment for the residents and guests of
the town.
C. The preservation of such views will strengthen and preserve the town's
unique environmental heritage and attributes.
D. The preservation of such views will enhance the aesthetic and economic
vitality and values of the town.
E. The preservation of such views is intended to promote design which is
compatible with the surrounding natural and built environment, and is
intended to provide for natural light to buildings and in public spaces in the
vicinity of the view corridors.
F. The preservation of such views will include certain focal points such as the
Clock Tower and Rucksack Tower, which serve as prominent landmarks
within Vail village and contribute to the community's unique sense of place.
12-22-3: LIMITATIONS ON CONSTRUCTION (in part):
No part of a structure shall be permitted to encroach into any view corridor set
forth in this chapter unless an encroachment is approved in accordance with
section 12-22-6.
12-22-4: ADOPTION OF VIEW CORRIDORS (in part):
A. View Point #1: A view from the south side of the Vail Transportation Center
from the main pedestrian stairway looking toward the Clock Tower, 232
Bridge Street, the Rucksack Tower, 280 Bridge Street, and beyond to the
ski slopes. (Please see Attachment D - pg. 19)
E. View Point #6: A view looking east to the Gore Range from Gore Creek
Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and
193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the
Gore Range. (Please see Attachment E - pg. 20)
12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part)
An application for approval to encroach into an existing view corridor may be
initiated by the town council on its own motion, by the planning and
environmental commission on its own motion, for by application of any resident
or property owner in the town,] or by the administrator or his/her designee.
12-22-7: NONCONFORMING STRUCTURES (in part)
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A. Removal Of Encroachments Encouraged; Exceptions: Any structure which
presently encroaches into an existing view corridor which was lawfully
authorized by ordinances or regulations existing prior to the effective date
hereof may continue. However, such encroachments will be encouraged
to be removed as part of any remodeling or reconstruction of the structure.
In the case of certain focal points, such as the Clock Tower and Rucksack
Tower, the town recognizes their importance to the character of Vail
Village and to the quality of the urban design of the Vail Village.
Notwithstanding their nonconforming status, the town does not
encourage their removal.
12-22-8: HEIGHT LIMITATIONS (in part)
If the maximum height allowed in any zone district within the town differs from the
height permitted by a view corridor, the more restrictive height limitation shall
apply. (In this instance, the Applicant should provide additional information
relative to maximum heights to be dictated by established view corridors as
compared with the building height restrictions set forth in the Vail Village Urban
Design Guide Plan).
Chapter 23 -Commercial Linkage
12-23-1: PURPOSE (in part):
A. The purpose of this chapter is to ensure that new commercial development
and redevelopment in the town provide for a reasonable amount of
employee housing to mitigate the impact on employee housing caused by
such commercial development and redevelopment.
8. Except as provided in section 12-23-5 of this chapter, this chapter shall
apply to all new commercial development and redevelopment located within
the following zone districts: (in part)
4. Commercial core 1 (CC1);
C. The requirements of this chapter shall be in addition to all other
requirements of this code.
D. When any provision of this chapter conflicts with any other provision of this
code, the provision of this chapter shall control.
12-23-4: REDEVELOPMENT:
Employee housing impacts need only be mitigated for a redevelopment that
results in a greater number of employees generated from an increase in net floor
area, or an increase in the number of accommodation units or limited service
lodge units in the redevelopment; provided however, that if any existing EHUs
are to be removed, an equal amount of EHUs shall be replaced in addition to the
other requirements of this chapter.
Vail Land Use Plan
12
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 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.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day skiers.
3.0 Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
3.5 Entertainment oriented business and cultural activities should be
encouraged in the core areas to create diversity. More nighttime
businesses, on-going events and sanctioned "street happenings" should
be encouraged.
13
4.0 Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved thorough implementation of the
Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and should
be preserved. (scale, alpine character, small town feeling, mountains,
natural setting, intimate size, cosmopolitan feeling, environmental quality.)
5.0 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.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
Vail Village Master Plan
The Vail Village Master Plan is based on the premise that the Village can be
planned and designed as a whole. The Vail Village Master Plan is intended to be
consistent with the Vail Village Urban Design Guide Plan, and along with the
Guide Plan, it underscores the importance of the relationship between the built
environment and public spaces. Furthermore, the Master Plan provides a clearly
stated set of goals and objectives outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements. While there
is a certain amount of overlap between these six goals, each focuses on a
particular aspect of the Village and the community as a whole. A series of
objectives outline specific steps that can be taken toward achieving each stated
goal. Policy statements have been developed to guide the Town's decision-
making in achieving each of the stated objectives. The Clock Tower Building is
located within the Commercial Core 1 Sub-Area #3 of the Master Plan.
The Vail Village Master Plan is intended to guide the Town in developing land
use laws and policies for coordinating development by the public and private
sectors in Vail Village and in implementing community goals for public
improvements. Further, the Master Plan is intended to serve as a guide to the
staff, review boards and Town Council in analyzing future proposals for
development in Vail Village and in legislating effective ordinances to deal with
14
such development. Contained within the Vail Village Master Plan are goals for
development in Vail Village. The goals are summarized in six major goal
statements. The goal statements are designed to establish a framework, or
direction, for the future growth of the Village.
A series of objectives outline specific steps toward achieving each stated goal.
Policy statements have been developed to guide the Town's decision-making in
achieving each of the stated objectives, whether it be through the review of
private sector development proposals, or in implementing capital improvement
projects. (Listed in part):
Goal #1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
1.2 Objective: Encourage the upgrading and redevelopment of
residential and commercial facilities.
1.3 Objective: Enhance new development and redevelopment through
public improvements done by private developers working in
cooperation with the Town.
1.3.1 Policv: Public improvements shall be developed with the
participation of the private sector working with the Town.
Goal #2 To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole.
2.1 Objective: Recognize the variety of land uses found in the 10 sub
areas throughout the Village and allow for development that is
compatible with these established land use patterns.
2.2 Objective: Recognize the "historic" commercial core as the main
activity center of the Village.
2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan
shall be the primary guiding document to preserve the existing
architectural scale and character of the core area of Vail Village.
2.4 Objective: Encourage the development of a variety of new
commercial activity where compatible with existing land uses.
2.4.1 Policy: Commercial infill development, consistent with
established horizontal zoning regulations shall be encouraged to
provide activity generators, accessible green spaces, public plazas,
and streetscape improvements to the pedestrian network throughout
the Village.
l
2.5 Objective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better
serve the needs of our guests.
2.5.2 Policv: The Town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate building
renovations without compromising life, health and safety
considerations.
2.6 Objective: Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policy: Employee Housing; units may be required as part of any
new or redeveloped project requesting density over that allowed by
existing zoning.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Objective: Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policy: Private development projects shall incorporate
streetscape improvements (such as paver treatments, landscaping,
lighting and seating areas), along adjacent pedestrian ways.
3.1.3 Policy: Flowers, trees, water features and other landscaping
shall be encouraged throughout the Town in locations adjacent to, or
visible from, public areas.
Goal #4 To preserve existing open space areas and expand greeenspace
Opportunities
4.1 Objective: Improve existing open space areas and create new
plazas with greenspace and pocket parks. Recognize the different
roles of each type of open space in forming the overall fabric of the
Village.
4.1.2 Policv: The development of new public plazas, and
improvements to existing plazas (public art, streetscape features,
seating areas, etc.) shall be strongly encouraged to reinforce their
roles as attractive people places.
Goal #6 To insure the continued improvement of the vital operational elements
of the Village.
16
6.2 Objective: Provide for the safe and efficient functions of fire, police
and public utilities within the context of an aesthetically pleasing resort
setting.
6.2.2 Policy: Minor improvements (landscaping, decorative paving,
open dining decks, etc.), maybe permitted on Town of Vail land or
right-of--way (with review and approval by the Town Council and
Planning and Environmental Commission when applicable) provided
that Town operations such as snow removal, street maintenance and
fire department access and operation are able to be maintained at
current levels. Special design (i. e. heated pavement), maintenance
fees, or other considerations may be required to offset impacts on
Town services.
Vail Villaae Urban Desian Guide Plan
This Guide Plan represents collective ideas about functional and aesthetic
objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to
suggest the nature of improvements desired. It is based on a number of urban
design criteria determined to be appropriate for guiding change in the Vail
Village. The Guide plan is intended to be a guide for current planning in both the
public and private sectors. The Guide Plan establishes the Clock Tower building
within the Gore Creek Drive/Bridge Street Sub-Area.
Design considerations relative to redevelopment within the Commercial Core,
specific to residential building expansion and specific to the Bell Tower
Condominiums, are as follows:
D. STREET ENCLOSURE (in part):
While building fagade heights should not be uniform from building to
building, they should provide a comfortable enclosure for the street.
an external enclosure is most comfortable where its walls are
approximately % as high as the width of the space enclosed;
if the height is greater than the width, it comes to resemble a canyon.
In actual application, facades are seldom uniform in height on both sides of
the street, nor is this desired. Thus, some latitude is appropriate in the
application of this % -to - 1 ratio.
In some instances, the `canyon' effect is acceptable and even desirable -
for example as a short connecting linkage between larger spaces - to give
variety to the walking experience.
F. BUILDING HEIGHT (in part):
Basically, the Village Core is perceived as a mix of two and three story
facades, although there are also four and five story buildings. The mix of
building heights gives variety to the street, which is desirable.
17
The definition of height shall be as it is in the Vail Municipal Code.
Building height restrictions in Commercial Core 1 shall be as follows:
1. Up to 60% of the building (building coverage area) maybe built to a
height of 33 feet or less.
2. No more than 40% of the building (building coverage area) maybe
higher than 33 feet, but not higher than 43 feet.
SUN/SHADE (in part):
All new or expanded buildings should not substantially increase the spring
and fall shadow pattern (March 21 through September 23) on adjacent
properties or the public R.O.W.
ARCHITECTURAL/LANDSCAPE CONSIDERATIONS (in part):
ROOFS (in part):
Where visible, roofs are often one of the most dominant architectral elements in
any built environment. In the Village, roof form, color and texture are visibly
dominant and generally consistent, which tends to unify the building diversity to a
great degree. The current expression, and objective, for roofs in the Village is to
form a consistently unifying backdrop for the architecture and pedestrian
streetscape, and to avoid roofs which tend to stand out individually or distract
visually from the overall character.
ROOF FORMS (in part):
Roofs within the Village are typically gable in form and of moderate to low pitch.
Shed roofs are frequently used for small additions to larger buildings.
PITCH (in part):
Roof slopes in the Village typically range from 3:12 to 6:12, with slightly steeper
pitches in limited applications.
OVERHANGS (in part):
Generous roof overhangs are also an established architectural feature in the
Village - a traditional expression of shelter in alpine environments. Roof
overhangs typically range from 3 to 6 feet on all edges.
Overhang details are treated with varying degrees of ornamentation. Styructural
elements suchs as roof beams are expressed beneath the overhangs, simply or
decoratively carved. The roof fascia is thick and wide, giving a substantial edge
to the roof.
COMPOSITIONS (in part)
18
The intricate roofscape of the Village as a whole is the result of many individual
simple roof configurations. For any single building, a varied but simple
composition of roof planes is preferred to either a single or a complex
arrangement of many roofs.
BALCONIES (in part):
Balconies occur on almost all buildings in the village which have at least a
second level facade wall. As strong repetitive features they:
- give scale to buildings
- give life to the street (when used)
- add variety to building forms
- provide shelter to pathways below
The prominence of balcony forms is due to several fairly common characteristics:
Color
They contrast in color (dark) with the building, typically matching the trim colors.
Size
They extend far enough from the building to cast a prominent shadow pattern.
Balconies in Vail are functional as well as decorative. As such, they should be of
usable size and located to encourage use. Balconies less than six feet deep are
seldom used, nor are those always in shade, not oriented to view or street life.
Mass
They are commonly massive yet semi-transparent, distinctive from the building,
yet allowing the building to be somewhat visible behind. Solid balconies are
found occasionally, and tend to be too dominant obscuring the building
architecture. Light balconies lack the visual impact which ties the Village
together.
Materials
Wood balconies are by far the most common. Vertical structural members are the
most dominant visually, often decoratively sculpted. Decorative wrought iron
balconies are also consistent visually where the vertical members are close
enough to create semi-transparency.
Construction
Cantilevered beams, beams extended to support the balcony, are most often
visibly exposed on the underside of balconies. As such they are an expression
of structure and tie the balconies to the building visually.
Town of Vail Streetscape Master Plan -Addendum
The Vail Village and Meadow Drive Streetscape projects represent the strategic
steps of a 20 year planning effort to upgrade and enhance the physical character
and pedestrian experience in Vail. These projects develop the concepts
originating from previous planning efforts (1991 Town of Vail Streetscape Master
Plan) into a comprehensive and complete streetscape design.
19
VI. ZONING ANALYSIS
Staff has completed a preliminary zoning analysis based on the plans and
information submitted to date. Amore in depth analysis will follow s ubmittal by
the applicant of all required documentation and information.
Street Address: 263 Gore Creek Drive
Parcel Numbers: 210108229003
21010822
21010822
Zoning: Commercial Core 1 (CC1) District
Land Use Plan Designation: Mixed Use
Current Land Use: Mixed Use Development
Development Standard Allowed/Required Existin Proposed
Buildable Lot Area: 5,000 sq. ft. (min.) 8,929.80sq.ft. No Change
Setbacks: None Required (or unless specified
otherwise in the VVMP)*
Building Height: 60% at 33 ft. or less Unknown Unknown
40% at 33 ft. to 43 ft. Unknown Unknown
Density: DU's- 25 D.U.s/acre Unknown None
or 5 units
AU's- 50 A.U./acre None None
or 10.25 units
GRFA: 80% or None None
7,143.84 sq. ft.
Site Coverage: 80% (max.) or Unknown Unknown
7,143.84 sq. ft.
Landscape Area: Per the Vail Village
Urban Design Guide Plan
Parking: Pay-in-Lieu (12-7B-17)
Loading: 2 Berths** 0 0
Notes:
Setbacks vary around the development site depending on the location of the "build-to-line"
specified in the Vail Village Master Plan.
"` Total berths required for multiple use loading facilities per credit granted pursu ant to section
12-10-15.
VII. SURROUNDING LAND USES
20
Land Use Zoning
North: Mixed Use Development* Commercial Core 1 (CC1)
South: Mixed Use Development Commercial Core 1 (CC1)
East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR)
West: Mixed Use Development Commercial Core 1 (CC1)
Note:
Adjacent buildings located to the north of this site (zero lot line) will be impacted by this
proposed redevelopment; applicant will be required to meet all code requirements relative
to zero lot line development and the Applicant is advised that coordination with adjacent
property owners will be critical to the successful re-development of this site.
VIII. DISCUSSION ISSUES
The applicant has submitted revised building and site plans for discussion
purposes at this time and has not provided a complete application. The purpose
of the work session is to discuss general concepts pertaining to the proposed
uses of the project, as well as the site development standards such as setbacks,
lot area, site coverage, bulk, mass, and height of the proposed structure relative
to compliance with zoning and master plan provisions. Questions or areas of
focus for any review and discussion should include:
Design:
• Massing and Bulk
• Roof composition -pitches, overhangs and forms
• Clock Tower design elements
• Facade and Fenestration
• Street level entry points and transparency at pedestrian level,
"Pedestrianization" and "Vibrancy"
• Building height calculations
• Loading Standards
Uses:
Retail/Restaurant components
Outdoor heated terraces/outdoor dining
Improvements within the Public Way:
• Improvements within the public way, "Permission to Proceed" and goals of
Streetscape Master Plan -potential impacts and/or improvements to the
public realm and vitality of the streetscape
• Improvements within adjacent alleyway (Tract(s) B & C) - potential
impacts and/or improvements to access, parking and loading will need
coordination with Town officials
Additional information and/or processes may be required in any subsequent
submittals in order to adequately address the following issues and/or
requirements:
Town of Vail Town Council "Permission to Proceed" with planning of
improvements within Town right-of-way;
21
2. Supplemental Regulations (Chapter 14)
• Architectural Projections above Height Limit (12-14-4)
• Application and Interpretation of Height Limits (12-14-10)
• Commercial Core Construction (12-14-20)
3. Parking Analysis -pay-in-lieu fees
4. Loading Standards
5. Housing Analysis -pay-in-lieu fees
6. Site Coverage -existing and proposed
7. Landscape Plan/Streetscape design elements
8. Grading, drainage and erosion control plans
9. Building Height Calculations -Roof plan indicating all proposed ridge
elevations, percentages of roof at or between a certain height (per the Vail
Village Urban Design Guide Plan) drawn over existing (interpolated)
grades
10. Proposed View Corridor Amendment and Encroachments into Existing
View Corridors (12-22-5/12-22-6)
Proposed Next Steps* in the Development Review Process/Applications
required:
• Request "Permission to Proceed" from Town of Vail Town
Council for proposed improvements within the public way
• Submittal of complete application for Major Exterior Alterations
• Submittal of complete application for Variances from site coverage
and landscaping and site development standards
• Submittal of Exemption Plat (Amended Final Plat)
• Return to PEC in June/July for formal review of:
o Major Exterior Alterations application
o Variance application
o View Corridor Amendment application and View Corridor
Encroachment application
• Submittal of complete DRB application for Major Exterior
Alteration
• Proceed to DRB for Conceptual Review following subsequent PEC
meeting in July/August time-frame
• Return to PEC for Final Review/Review of Plat in July/August time-
frame
• Return to DRB for Final Review in August/September time-frame
Note:
The above steps and timelines are suggested by staff to aid the Commission and Applicant
in planning for future application requirements and review schedules; additional
applications may be required and timelines (meeting dates) may be subject to change).
22
IX. STAFF RECOMMENDATION
As this is a work session to discuss the proposal conceptually, no action by the
Planning and Environmental Commission is required at this meeting. However,
Staff recommends that the PEC provide general feedback and direction to the
applicant regarding the proposal in preparation for any future review meetings.
Specifically, the Commission should provide direction on:
• Building Design relative to the Vail Village Master Plan and Vail
Village Urban Design Guide Plan
• Building Height and Architectural Projections
• Building Bulk and Mass
• Requested Variances
• Proposed improvements within the Public Way
• Proposed View Corridor Amendment and Encroachments
Staff also recommends that the PEC specify any additional information or
analysis to be provided by the applicant for the purpose of any final review of the
proposal.
X. ATTACHMENTS
A. Vicinity Map
B. Reduced Plan Set by Resort Design Associates International
C. View Corridor Image -View #1
D. View Corridor Image -View #6
23
Attachment A
24
Attachment C
2i
Attachment D
#1
Zh
Attachment E
27
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 12, 2008
SUBJECT: A request for a work session to discuss prescribed regulation amendments to
Chapter 12-16, Conditional Use Permits, to allow for the administrative review
and approval of specific conditional uses, and setting forth details in regard
thereto. (PEC080103)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
The purpose of this work session is to provide the Planning and Environmental
Commission with an introduction to the Town of Vail's request for prescribed regulation
amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative
review and approval of specific conditional uses, and setting forth details in regard
thereto.
The proposed amendments are not intended to change or alter the outcome of a
conditional use permit review, but to streamline the Town's conditional use permit review
process by allowing for the administrative review of certain conditional use permit
applications. Staff believes an administrative review process will be a more efficient use
of the time and resources of the Commission, Staff, and Applicants.
II. DISCUSSION ITEMS
What is a conditional use?
The Town's Zoning Regulations (Title 12, Vail Town Code) establishes three categories
of uses allowed within each zone district: "permitted", "conditional", and "accessory"
uses.
Permitted uses, sometimes referred to as a uses by right, are land uses that further the
goals of the zoning regulations and the specific zone district, are considered appropriate
and desirable within the given zone district, and are compatible with other allowed uses
in that zone district. For example, in the Two-Family Primary/Secondary District both
Single-Family and Two-Family Residential Dwellings are permitted uses.
Conditional uses are land uses with unique or special characteristics that require
additional review to ensure they are located properly with respect to the objectives of the
zoning regulations, and to ensure their compatibility with other surrounding uses and the
Town at large. Due to their unique characteristics and the potential for impacts to
adjacent uses, conditional uses are often allowed subject to specific limitations and
conditions. For example, in the Two-Family Primary/Secondary District a Bed and
Breakfast and a Home Child Daycare Facilities are conditional uses because of their
potential impacts to neighboring uses.
Accessory uses are those uses clearly incidental and/or secondary to another allowed
land uses. For example, in the Two-Family Primary/Secondary District a greenhouse,
tool shed, playhouse, swimming pool, etc. are all accessory uses to a residential
dwelling.
What is a conditional use permit?
A conditional use permit authorizes the construction, operation and existence of a
conditional use at a specific location given specific parameters and/or limitations.
Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail
Town Code, the conditions of approval applied to a conditional use permit may include:
"requiring special setbacks, open spaces, fences or walls, landscaping or
screening, and street dedication and improvement; regulation of vehicular access
and parking, signs, illumination, and hours and methods of operation; control of
potential nuisances; prescription of standards for maintenance of buildings and
grounds; and prescription of development schedules", etc.
How are conditional uses permit applications currently reviewed?
Currently all conditional use permit applications are reviewed by the Planning and
Environmental Commission at a public hearing. Chapter 12-16, Conditional Uses, Vail
Town Code, outlines the conditional use permit application review process, the criteria
used to evaluate an application, and the findings necessary to approve an application.
Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail
Town Code:
"The Commission may approve the application as submitted or may approve the
application subject to such modifications or conditions as it deems necessary to
accomplish the purposes of this title, or the commission may deny the
application. A conditional use permit may be revocable, may be granted for a
limited time period, or may be granted subject to such other conditions as the
commission may prescribe. Conditions may include, but shall not be limited to,
requiring special setbacks, open spaces, fences or walls, landscaping or
screening, and street dedication and improvement; regulation of vehicular access
and parking, signs, illumination, and hours and methods of operation; control of
potential nuisances; prescription of standards for maintenance of buildings and
grounds; and prescription of development schedules. "
What is the purpose/intent of the proposed regulation amendments?
The proposed amendments are not intended to change or alter the outcome of a
conditional use permit review, but to streamline the Town's conditional use permit review
process by allowing for the administrative review of certain conditional use permit
applications. Staff believes an administrative review process will be a more efficient use
of the time and resources of the Commission, Staff and Applicants.
2
Which conditional use permits are proposed to be reviewed administratively,
rather than by the Planning and Environmental Commission?
Staff is researching the Town's archives to quantify and better understand the historically
data concerning conditional use permits (i.e. what types of conditional use permits have
been approved, what conditions or limitations have been placed on those permits, etc.).
Once all this data has been collected, an analysis of the results will be used to determine
which, if any, conditional use permits could/should be reviewed administratively, rather
than by the Planning and Environmental Commission. The following is a preliminary list
of conditional uses that Staff believes could be reviewed administratively:
• Bed and Breakfasts
• Employee Housing Units
• Home Child Daycare Facilities
• Public Utility and Public Service Uses
• Seasonal Uses and Structures
• Extensions to time limited conditional use permit approvals
• Minor amendments that do not alter the original characteristics of the use
What criteria would be used to administratively review a conditional use permit
application?
Staff recommends the same general review criteria and findings currently outlined in
Section 12-16-6, Criteria/Findings, Vail Town Code, be used by both the Commission
and Staff to review every conditional use permit application. The current review criteria
are as follows:
"1. Relationship and impact of the use on development objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
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 title."
Staff further recommends that Section 12-16-7, Use Specific Criteria and Standards, Vail
Town Code, be expanded to include more use specific standards for those uses
selected to be reviewed administratively. These use specific standards could be used
as a check list to help determine whether a proposed conditional use should be
approved or denied.
Will the Planning and Environmental Commission retain any oversight of an
administratively reviewed conditional use permit?
Should the Planning and Environmental Commission wish to have "call-up" (appeal)
authority over the Administrator's approval or denial of a conditional use permit; Staff
would recommend that any such administrative actions be listed on the Commission's
public hearing agenda under information update. This would afford the Commission the
opportunity to ask Staff questions about the application and would provide the
Commission an opportunity to "call-up" any decisions it would like to appeal or review in
greater detail. This will also serve to notice the Town Council and the public of these
actions as well.
Is there any precedent for allowing a conditional use to be reviewed
administratively?
In the fall of 2007, the Vail Town Council adopted amendments to the Town's Zoning
Regulations to allow Type II Employee Housing Units as a permitted use rather than a
conditional use subject to Planning and Environmental Commission review. The
Planning and Environmental Commission and Staff recommended approval of these
amendments to make the Town's review process more efficient. Historically, the
conditional use permit review of Type II EHUs was viewed as merely a formality, since
such applications were seldom denied and the conditions of approval were consistently
the same.
III. NEXT STEPS
Staff will return to the Planning and Environmental Commission on June 9, 2008, with a
draft amendment ordinance for further discussion, consideration, and a recommendation
to the Vail Town Council.
IV. STAFF RECOMMENDATION
The Community Development Department requests the Planning and Environmental
Commission asks questions about the proposed amendments and provides Staff with
any initial feedback or direction.
Since the Commission's May 26, 2008, public hearing is cancelled due to the Memorial
Day holiday, the Community Development Department recommends the Planning and
Environmental Commission tables this item to its June 9, 2008, public hearing for further
discussion. Should the Planning and Environmental Commission choose table this
request, Staff recommends the Commission pass the following motion:
"The Planning and Environmental Commission tables the request for a
prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review and approval of specific conditional uses, and
setting forth details in regard thereto, to its June 8, 2008, public hearing."
4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 12, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation
amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District,
Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use
Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District, and setting forth details in regard
thereto. (PEC080005)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, Town of Vail, is requesting the Planning and Environmental Commission
forward a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-2,
Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental
Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for
sexually oriented businesses as a conditional use in the Heavy Service District, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the proposed text
amendments, subject to the findings noted in Section VI of this memorandum.
II. BACKGROUND
Sexually oriented businesses (SOBS) receive a number of protections under the First
Amendment of the United States Constitution and the corresponding provision of the
Colorado Constitution. Indeed, the First Amendment dictates that a municipality must
allow SOBs to locate somewhere within a Town's jurisdictional boundaries in order to
avoid a constitutional challenge. The Vail Town Code does not currently permit SOBs to
locate anywhere within the Town limits.
Nude dancing and similar sexually oriented conduct has been deemed to be expressive
conduct that is protected by the First Amendment. While such conduct is not considered
"core" First Amendment speech, the regulations governing such businesses must be
content neutral and must take the form of time, place and manner restrictions.
On April 15, 2008, the Vail Town Council requested that Staff prepare an ordinance to
address the lack of sexually oriented businesses being identified as a specific land use
in any of the zone districts within the Town's boundaries.
There are two parts to the regulations being proposed that will regulate SOBs. The first
is the licensing regulations that place content neutral requirements on time, place and
manner of SOBs. Part 1 amends Title 4 of the Code by the addition of a new Chapter 12
governing business licenses for SOBS. This part was in an ordinance that was passed
by the Vail Town Council upon first reading on May 6, 2008, provided as Attachment A.
The section that is being presented to the PEC is the amendments to the Zoning
Regulations in order to allow for SOBs as a conditional use in the Heavy Service District.
The amendments also place specific criteria on SOBs as a conditional use, more
specifically to where SOBs may be placed in relation to schools, churches, state
licensed day care facilities, and other sexually oriented businesses. The proposed text
amendments will require a 500 foot buffer between SOBs and these uses. Requiring a
buffer between two SOBs will ensure that multiple SOBs do not create an agglomeration
economy, which is when an area becomes a haven for a specific type of use, thus
generating more traffic and potentially negative impacts. Five hundred feet was
specifically chosen because this distance has been tested in multiple municipalities and
is considered an adequate distance to buffer uses.
According to legal advice on SOBs based on regional and federal court decisions, SOBs
must be a permitted or conditional use in at least one zone district in order to allow for
the use somewhere within a jurisdiction. After reviewing the purpose statements of all of
the zone districts, SOBS fit best with the industrial uses of the Heavy Service District.
HS District is comprised of the three gas station properties within Vail and is specifically
intended as a district for uses not appropriate elsewhere. A map showing Heavy Service
District locations is provided in Attachment B.
DESCRIPTION OF THE REQUEST
Staff is requesting that the following changes be made to Title 12:
TITLE 12: ZONING REGULATIONS
CHAPTER 2: DEFINITIONS:
12-2-2: DEFINITIONS, ENUMERATED:
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret,
adult motion picture theater or adult theater, except an establishment where a
medical practitioner, psychologist, psychiatrist or similar professional licensed
by the State of Colorado engages in approved and recognized sexual therapy.
12-7G: HEAVY SERVICE DISTRICT
12-7G-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
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Building materials stores.
Business offices.
Commercial laundry and cleaning services.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. USES AND CRITERIA
12-16-7A-16: SEXUALLY ORIENTED BUSINESSES.
1. Sexually oriented businesses shall be located a minimum of
five hundred feet from any:
a. Church, public park or library;
b. State-licensed day care facility;
c. School or educational facility serving persons under
eighteen years of age; or
d. Any other sexually oriented business.
The distance between any two sexually oriented businesses
shall be measured in a straight line, without regard to
intervening structures, from the closest exterior structural
wall of each business. Distance between any sexually
oriented business and any church, school or public park shall
be measured in a straight line, without regard to intervening
structures, from the nearest portion of the structure used for
the sexually oriented business to the nearest property line of
the church or school, or the nearest boundary of the public
park.
Sexually explicit advertisements or other promotional
displays for sexually oriented businesses that are harmful to
minors shall not be visible to minors from pedestrian ways,
walkways or other public areas.
4. Sexually oriented businesses shall obtain a license per Title
4, Vail Town Code, as a condition of approval for a
conditional use permit.
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part)
12-1-2: PURPOSE
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
12-7G: HEAVY SERVICE (HS) DISTRICT
12-7G-1: PURPOSE:
The heavy service district is intended to provide sites for automotive oriented uses and
for commercial service uses which are not appropriate in other commercial districts.
Because of the nature of the uses permitted and their operating characteristics,
appearance and potential for generating automotive and truck traffic, all uses in the
heavy service district are subject to the conditional use permit procedure. In granting a
conditional use permit, the planning and environmental commission or the town council
may prescribe more restrictive development standards than the standards prescribed for
the zone district in order to protect adjoining uses from adverse influences.
12-3-7: AMENDMENT:
C. Criteria and Findings:
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2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
(1) The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
(2) The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town; and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the commission and/or council deem applicable to the
proposed text amendment.
12-23-1: PURPOSE AND APPLICABILITY
A. The purpose of this chapter is to ensure that new commercial development and
redevelopment in the town provide for a reasonable amount of employee housing to
mitigate the impact on employee housing caused by such commercial development and
redevelopment.
12-24-1: PURPOSE AND APPLICABILITY:
A. The purpose of this chapter is to ensure that new residential development and
redevelopment in the town of Vail provide for a reasonable amount of employee housing
to mitigate the impact on employee housing caused by such residential development
and redevelopment.
V. REVIEW CRITERIA
Staff believes these text amendments are in accordance with the purpose and intent of
Titles 12, Zoning Regulations, and are in the public interest and serve to improve the
Code. The review criteria and factors for consideration fora request of a text
amendment to Title 12, are established in accordance with the provisions of Chapter 12-
3, Vail Town Code.
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and,
Staff believes the proposed text amendments further the general and specific
purposes of the Zoning Regulations by conserving and maintaining established
community qualities, and ensuring a workable relationship among land uses. By
specifying a zone district for SOBs, the Town is assured that SOBs will not occur
in the general commercial zone districts, specifically in the commercial cores
where a family oriented mixed use theme exists today. With SOBs in Heavy
Service only, the use is isolated among industrial uses where an SOB will have
limited negative effects.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and,
Staff believes the proposed text amendments further the goals of the Vail Village
Master Plan and the Lionshead Redevelopment Master Plan generally by not
allowing SOBS as a use in those subareas. It is essential to the character of the
commercial cores that they remain free of SOBS. It is also furthering the goals
within the Vail Land Use Plan to retain the original character of the commercial
cores.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and,
The text amendments reflect the changing legal environment surrounding SOBs.
A recent court battle occurred in Frisco, Colorado when an applicant challenged
the Town over a sudden SOB moratorium after he attempted to apply for an SOB
in the downtown historic district. Ultimately, Frisco won and the SOB was
denied, but the court battle was costly and embarrassing, and shed light on the
need for other municipalities to regulate SOBs.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes the proposed text amendments provide a workable relationship
among land uses because the amendments seek to isolate SOBS within one
zone district rather than allow them throughout the town in zone districts that are
inappropriate for this use.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council,
pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation
amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter
12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail
Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy
Service District, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to recommend approval of
these text amendments, Staff recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for the Town of Vail's request for a prescribed
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regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy
Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16,
Conditional Use Permits, Vail Town Code, to allow for sexually oriented
businesses as a conditional use in the Heavy Service District, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to recommend approval of
these text amendments, the Department of Community Development recommends the
Commission makes the following findings part of the motion:
"Based upon the review of the criteria outlined in Section V of this Staff
memorandum to the Planning and Environmental Commission dated May 12,
2008, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and,
2. That the amendments further the general and specific purposes of Zoning
Regulations; and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality. "
VII. ATTACHMENTS
A. Ordinance No. 11, Series of 2008
B. Heavy Service District Map
Attachment A
ORDINANCE NO. 11
SERIES 2008
AN ORDINANCE AMENDING TITLE 4 OF THE VA/L TOWN CODE BY THE
ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED
BUSINESSES"; AND SETTING FORTH DETAILS /N REGARD THERETO.
WHEREAS, THE TOWN OF VAIL, IN THE COUNTY OF EAGLE AND STATE
OF COLORADO (THE "TOWN"), IS A HOME RULE MUNICIPAL CORPORATION
DULY ORGANIZED AND EXISTING UNDER LAWS OF THE STATE OF COLORADO
AND THE TOWN CHARTER (THE "CHARTER"); AND
WHEREAS, THE MEMBERS OF THE TOWN COUNCIL OF THE TOWN (THE
"COUNCIL") HAVE BEEN DULY ELECTED AND QUALIFIED; AND
WHEREAS, the Council finds and determines that sexually oriented businesses
produce adverse secondary effects on the public health, safety and welfare; and
WHEREAS, such adverse secondary effects include increased rates of certain
crimes, including prostitution, robbery, assault, theft, loitering, pandering and public
intoxication, the spread of sexually transmitted diseases, the debasement of both men
and women, a decrease in property values for surrounding properties, and noise,
parking and traffic problems; and
WHEREAS, such adverse secondary effects occur most often in the areas
immediately surrounding such businesses; and
WHEREAS, the Council, in enacting this ordinance, expressly relies on the
findings of the 10t" Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136
F.3d 683 (10t" Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10t" Cir. 2002),
reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d
1272 (10t" Cir. 2002), concerning the adverse secondary effects of sexually oriented
businesses on communities in Colorado and elsewhere; and
WHEREAS, the Council, in enacting this ordinance, expressly relies on the
findings of the United States Supreme Court in City of Los Angeles v. Alameda Books,
Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and
Boos v. Barry, 485 U.S. 312 (1988), concerning the adverse secondary effects of
sexually oriented businesses on surrounding areas; and
WHEREAS, to reduce the adverse secondary effects caused by sexually
oriented businesses in the Town, the Council deems it appropriate and necessary to
adopt regulations for sexually oriented businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. TITLE 4 OF THE VAIL TOWN CODE IS HEREBY AMENDED BY
THE ADDITION OF A NEW CHAPTER 12, WHICH SHALL READ AS FOLLOWS:
CHAPTER 12
SEXUALLY ORIENTED BUSINESSES
4-12-1: PURPOSE:
The purpose of this Chapter is to promote and protect the public
health, safety and welfare by regulating sexually oriented businesses
through the establishment of reasonable and uniform regulations to
reduce the adverse secondary effects of sexually oriented businesses
within the Town. This Chapter is not intended to limit or restrict the
content of any communicative materials, including sexually oriented
materials. This Chapter is not intended to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment of
the United States Constitution or Article II, § 10 of the Colorado
Constitution or to deny access of distributors or exhibitors of sexually
oriented entertainment to their intended market. Finally, this Chapter is
not intended to condone or legitimize the distribution of obscene material.
4-12-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the
following meanings:
ADULT ARCADE: Any commercial establishment in which the
public is permitted or invited where, for any form of consideration, one (1)
or more motion picture projectors, slide projectors, image or virtual reality
producing machines or similar machines, for viewing by five (5) or fewer
persons per machine at any one time, are used regularly to show films,
motion pictures, video cassettes, slides, digital images, electronic
reproductions or photographs describing, simulating or depicting specified
sexual activities or specified anatomical areas.
ADULT STORE: Any commercial establishment which, as one of
its principal business purposes, offers for sale or rent for any form of
consideration one or more of the following: (1) books, magazines,
periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, slides, compact discs, digital video discs (DVDs), digital
images or other visual representations which are characterized by their
emphasis on the depiction or description of specified sexual activities or
specified anatomical areas; or (2) instruments, devices or paraphernalia
designed for use in connection with specified sexual activities.
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ADULT CABARET: A nightclub, bar, restaurant or similar
commercial establishment which, for any form of consideration, regularly
features live performances which are characterized by the exposure of
specified anatomical areas or by the exhibition of specified sexual
activities.
ADULT MOTION PICTURE THEATER: A commercial
establishment which is characterized by the showing, for any form of
consideration, of films, motion pictures, video cassettes, slides, compact
discs, digital video discs (DVDs), digital images or other visual
representations that have an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, auditorium or similar commercial
establishment which, for any form of consideration, regularly features live
performances which are characterized by an emphasis on exposure of
specified anatomical areas or specified sexual activities.
CONVICTED: Having been found guilty by a judge or a jury or
entering a guilty plea or a plea of nolo contendere, and includes deferred
judgments, deferred sentences, deferred adjudications and plea bargains,
whether or not an appeal of such conviction is pending; excluding any
conviction overturned or vacated by appeal or other force of law.
EMPLOYEE: A person who works or performs work or service in or
for a sexually oriented business on a full-time, part-time or contract basis,
with or without compensation, regardless of whether such person is
designated as an employee, independent contractor, agent, volunteer or
any other status; excluding any person on the premises for repair or
maintenance of the premises or for delivering or removing tangible
personal property to or from the premises.
LICENSED PREMISES: The building or structure in which a
licensed sexually oriented business is operating.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store,
adult cabaret, adult motion picture theater or adult theater, except an
establishment where a medical practitioner, psychologist, psychiatrist or
similar professional licensed by the State of Colorado engages in
approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS means any of the following: (1)
human genitals, pubic region, buttocks, anus or female breasts below a
point immediately above the top of the areola, which are not completely
and opaquely covered; or (2) human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
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SPECIFIED CRIME: Any of the following crimes committed under
the penal or criminal code of any municipality, county, state or country:
sex crimes against children; sexual abuse; sexual assault; possession or
distribution of child pornography; distribution of an illegal controlled
substance; prostitution, promotion of prostitution or pandering; and
organized crime if such organized crime is committed within the premises
of a sexually oriented business in the Town or elsewhere.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
1. Fondling or other intentional touching of human
genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation and sodomy;
3. Masturbation, actual or simulated; or
4. Human genitals in a state of sexual stimulation or
arousal; human excretory functions as part of or in connection with
any of the activities set forth in subsections 1. through 4. hereof.
4-12-3: LICENSE REQUIRED:
All sexually oriented businesses in the Town shall be licensed as
set forth in this Chapter, and it shall be unlawful for any person to operate
a sexually oriented business in the Town without a valid license issued
pursuant to this Chapter.
4-12-4: LICENSE APPLICATION:
A. Applicants for a sexually oriented business license shall
submit a written application to the Town Clerk which includes the
following:
1. The name, address, telephone number and date of
birth of the applicant and, if applicable, each of its officers, partners,
directors and registered agents;
2. The trade name of the applicant and copies of all
documents recording the trade name, including the trade name
affidavit;
3. The name of any other sexually oriented business in
which any officer, director or partner has a financial interest;
4. The address of the premises to be licensed;
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5. If the applicant is a corporation, copies of the articles
of incorporation, bylaws and last annual report;
6. Copies of documents demonstrating that the applicant
has a legal right to possession of the premises to be licensed;
7. A sketch, drawing or diagram drawn to scale and
showing the configuration of the premises, including total floor area
to be occupied by each sexually oriented business; and
8. A description of the type of sexually oriented business
proposed, such as an adult store, adult cabaret, adult theater or
adult motion picture theater.
B. Each application shall be verified and acknowledged to be
true by the applicant or the managing partner, president or other officer
having the authority to sign for the applicant.
C. Each application shall be accompanies by anon-refundable
application fee in accordance with a fee schedule maintained by the Town
Clerk.
4-12-5: BACKGROUND INVESTIGATION:
A. Upon receipt of a completed application, the Town Clerk
shall perform a background investigation of the applicant and its officers,
directors and partners, and the information contained in the application.
B. The Town Clerk may to investigate any fact related to any of
the criteria set forth in this Chapter that may be relevant to determine the
eligibility of the applicant for a sexually oriented business license.
C. The Town Clerk may seek and obtain the assistance of law
enforcement agencies in conducting the background investigation.
D. The background investigation shall be completed within
forty-five (45) days of receipt of the completed application.
4-12-6: ISSUANCE OR DENIAL:
A. Within ten (10) days of the completion of the background
investigation, the Town Clerk shall either issue the sexually oriented
business license or issue a written statement of denial. The license or
statement of denial shall be sent via United States mail, postage prepaid,
to the applicant at the address provided on the application. The Town
Clerk shall issue the license unless one or more of the following is true:
1. The applicant has not paid all required fees.
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2. The applicant or any of its officers, directors or
partners is under eighteen (18) years of age;
3. The applicant is not qualified to conduct business
under applicable state or federal law or Town ordinances;
4. The applicant has knowingly provided false
information to the Town on an application for a sexually oriented
business license;
5. The location of the proposed sexually oriented
business does not comply with the location requirements set forth in
the Town's zoning ordinance;
6. The premises in which the sexually oriented business
is proposed to be located does not comply with applicable Town
ordinances, such as the building code, electrical code or fire code;
7. The applicant is delinquent in the payment of any
taxes, fees, or other payments owed to the Town; or
8. The applicant or any of its directors, officers or
partners has been convicted of a specified crime in the two (2)
years preceding the date of the application.
B. Within ten (10) days of the date of a written statement of
denial, the applicant may submit a written request that the Town Clerk
schedule a hearing before the Town Council on the application. The
hearing shall be held at the next regularly scheduled Town Council
meeting occurring at least ten (10) days after receipt of the written
request.
C. At the hearing, the applicant may present additional
evidence, either documentary or through witness testimony, which is
relevant to the applicant's eligibility fora sexually oriented business
license.
D. At the conclusion of the hearing or within ten (10) days
thereafter, the Town Council shall either order that the Town Clerk issue
the sexually oriented business license, or issue a written order denying the
application for the sexually oriented business license.
E. If the Town Council denies the application for a sexually
oriented business license, the Town Council's decision shall be final,
subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules
of Civil Procedure.
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4-12-7: TERM OF LICENSE; RENEWAL:
A. All sexually oriented business licenses issued under this
Chapter shall be valid for one year from the date of issuance, unless
revoked or suspended as provided in this Chapter.
B. Written application for renewal of a sexually oriented
business license shall be filed with the Town Clerk at least sixty (60) days
prior to the expiration of the current license, together with the applicable
annual license fee. If no application for renewal is timely filed, the
licensee has waived its option to renew the license and must re-apply for a
new license.
C. Applications for renewal shall include the same information
as an original application, except as the Town Clerk deems redundant.
D. The procedures for renewal license applications shall be the
same as the procedures for new license applications.
4-12-8: LICENSE NONTRANSFERABLE:
A sexually oriented business license issued under this Chapter is
nontransferable. By way of example but not limitation, a new sexually
oriented business license shall be required upon: the sale, lease or
sublease of the sexually oriented business or the licensed premises; the
transfer by sale, exchange or similar means of a controlling interest in the
sexually oriented business; or the establishment of a trust, gift, or similar
legal device which transfers ownership or control of the sexually oriented
business or the licensed premises, other than transfer by bequest or other
operation of law upon the death of the person possessing ownership or
control.
4-12-9: SUSPENSION AND REVOCATION:
A. The Town Clerk may suspend or revoke any sexually
oriented business license issued under this Chapter if the Town Clerk
receives reliable information to establish that:
1. A nuisance is being maintained on the licensed
premises;
2. The licensed premises are unsanitary as certified by
the Eagle County Department of Health;
3. The licensed premises are unsafe as certified by the
Town's building official, the fire marshal or the fire chief;
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4. The licensee has knowingly permitted on the licensed
premises: the possession, sale or use of illegal controlled
substances; any specified sexual activity; or prostitution;
5. The licensee or any of its officers, directors, partners
or employees has been convicted of a specified crime during the
term of the license; or
6. The licensee knowingly provided false information on
an application for a sexually oriented business license or renewal of
such a license.
B. At least twenty (20) days before the Town Clerk suspends or
revokes any sexually oriented business license, the Town Clerk shall
provide written notice to the licensee, via United States mail, postage
prepaid, to the address provided on the most recent application, of the
allegations supporting the suspension or revocation.
C. During the twenty (20) day period, the licensee may file a
written request for a stay of the suspension or revocation pending a
hearing before the Town Council on the allegations to support the
suspension or revocation.
D. The hearing shall be held at the next regularly scheduled
Town Council meeting at least ten (10) days after receipt of the request.
E. At the hearing, the applicant may present additional
evidence, either documentary or through witness testimony, which is
relevant to the suspension or revocation.
F. At the conclusion of the hearing or within ten (10) days
thereafter, the Town Council shall order that the sexually oriented
business license be suspended for a period of time not to exceed one
hundred eighty (180) days, or that the license be revoked, or that no
action be taken with respect to the license.
G. If the Town Council orders suspension or revocation, the
Town Council's decision shall be final, subject to judicial review pursuant
to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
4-12-10: GENERAL REGULATIONS:
A. All licensed premises shall comply with all applicable Town
regulations and ordinances, including but not limited to the building code,
fire code, electrical code, zoning regulations, business licensing and sales
tax collection.
1
B. Every sexually oriented business license issued under this
Chapter shall be displayed in a conspicuous place on the licensed
premises in a clear cover or frame, and shall be available for inspection at
all times by the public.
C. All licensed premises shall be maintained in a clean and
sanitary condition, and shall be cleaned at least once daily and more
frequently when necessary.
D. Trash and garbage shall not be permitted to accumulate in
any licensed premises or on the property outside any licensed premises.
E. All materials, devices and novelties offered by a sexually
oriented business which depict specified sexual activities or specified
anatomical areas shall be displayed so that they cannot be seen by
anyone other than customers who have entered the licensed premises.
4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS:
A. An adult cabaret or adult theater at which employees dance
shall have one or more stages or similar structures specially designed for
dancing, which shall be constructed in accordance with applicable building
code regulations, and located inside the licensed premises. Employees
shall dance only upon such stage or structure.
B. When an employee dances on a structure which is designed
to hold not more than two (2) persons, the structure shall be level, of
sturdy construction and securely fastened to the floor or wall during dance
performances. Steps and handrails shall be required on all such stages
and structures where the platform on which the employee dances is more
than eight inches (8") above the surface upon which the structure rests.
C. Anv adult cabaret or adult theaUe shall have one or snore separate
areas designated in the diagram submitted as part of the application as a stage for
the licensee or emplo~~ees to perform as entertainers. Entertainers shall peifoi7n
only upon the stage, and the stage shall be filed and iimnovable.
D. No seating for the audience shall be permitted within tlu-ee feet (3')
of the edge of and- stage. and no members of the audience shall be pei7nitted upon
anv stage or within three feet (3') of the edge of anV stage.
4-12-11: LIGHTING REQUIREMENTS:
A. When the occupant capacity of any licensed premises, as
determined by the fire department, is at least fifty persons, such licensed
premises shall have electric, battery-operated emergency lights using
reliable storage batteries properly maintained and charged.
16
B. The interior portion of a licensed premise to which patrons are
permitted access shall be equipped with overhead lighting futures of sufficient
intensitti- to illuminate evei-~- place at an illumination of not less than two (2) foot-
candles as measured at the floor level. It shall be the duty of the licensee and
employees present on the premises to ensure that the illumination described above
is maintained at all times that and- patron is present on the premises.
4-12-12: HOURS OF OPERATION:
It is unlawful for a sexually oriented business to be open for
business or for the licensee or any employee of a licensee to allow
patrons upon the licensed premises on any Monday through Saturday
between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m.
and 8:00 a.m.
4-12-13: AGE RESTRICTIONS:
A. It is unlawful for a licensee to admit or permit the admission
of any person less than eighteen (18) years of age into any sexually
oriented business.
B. It is unlawful for any person to sell, barter, give, or offer for
sale, barter or gift, to any person under eighteen (18) years of age any
service, material, device or thing sold or offered for sale by any adult store
or adult motion picture theater.
C. Employees of any sexually oriented business shall be at
least eighteen (18) years of age.
4-12-14: CONDUCT:
A. No licensee or employee shall encourage or knowingly
permit any person on or within the licensed premises to touch, caress or
fondle the genitals, pubic region, buttocks, anus or breasts of any person.
B. No licensee or employee shall knowingly fail to immediately
report to the police department any criminal conduct or violation of any
Town ordinance or state or federal law, rule or regulation that occurs on or
within the licensed premises.
C. No person shall engage in specified sexual activities on or
within a licensed premise.
D. No licensee or employee mingling ~yith patrons or serving food or
drinks shall be unclothed or in such attire, costume or clothing so as to eipose to
view any- specified anatomical area.
17
E. No employee shall receive tips from patrons eicept as provided
herein. A licensee that desires to provide for tips from its patrons shall establish
one or more boles or other containers to receive tips. All tips for employees shall
be placed by patrons into the tip bor. The licensee shall post one or more signs to
be conspicuously visible to patrons in letters at least one inch (1") high to read as
follows: "All tips are to be placed in tip boi and not handed directh~ to the
entertainer. An~r ph~Tsical contact between the patron and the entertainer is sti7ctly_
prohibited."
4-12-15: INSPECTION:
Every licensee shall permit law enforcement officers and an~T other
federal, state, county or Town agency in the performance of anv fiinction
connected with the enforcement of this Chapter and normally and regularly
conducted by such agency-, to inspect the licensed premises for the purpose of
ensuring compliance with this Chapter. at any tone the licensed premises is
occupied or open for business.
4-12-16: EMPLOYEE IDENTIFICATION:
Each licensee shall provide to the Town Clerk, in writing, the full
name, any aliases, date of birth, and the current address and telephone
number of every employee of the licensee within five (5) days of
employment.
4-12-17: EXEMPTIONS:
Notwithstanding anything to the contrary in this Chapter, the
following businesses and activities shall be exempt from the requirements
of this Chapter:
1. Any adult store which derives less than ten percent
(10%) of its gross income from the sale of materials depicting
specified sexual activities or specified anatomical areas, if such
materials are located in a separate room or booth containing those
materials only.
2. Any college, junior college or university supported, in
whole or in part, by tax revenue and offering educational programs
which, for educational purposes, may include the depiction of
specified sexual activities or specified anatomical areas.
4-12-18: REGULATIONS NOT EXCLUSIVE:
18
Nothing contained in this Chapter shall limit the effectiveness or
applicability of any other provision of this Code to any sexually oriented
business.
4-12-19: PENALTIES:
A. It shall be unlawful for any person, corporation or other entity
to violate any provision of this Chapter, and any such violation shall be
subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00)
and imprisonment for a period not to exceed one hundred eighty (180)
days, or both such fine and imprisonment, provided that no person under
the age of eighteen (18) years of age shall be subject to imprisonment.
Each and every day of violation of the provisions of this Chapter shall
constitute a separate offense punishable as such.
B. In the event of violation of any of the terms and regulations
set forth herein, the Town may obtain equitable relief, including injunctive
relief, to require compliance with the provisions hereof. If the Town is
successful in obtaining injunctive or other equitable relief, the costs and
attorney fees incurred by the Town in such action shall be awarded to the
Town in addition to any other relief.
C. Nothing contained herein shall preclude the Town from
enforcing the suspension and revocation provisions of this Chapter in
addition to simultaneously or subsequently prosecuting alleged violations
of this Chapter under this Section.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
19
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of May, 2008 and a
public hearing for second reading of this Ordinance set for the 20t" day of May, 2008, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland, Town Mayor
Attest:
Lorelei Donaldson, Town Clerk
20
Attachment B
21
PLANNING AND ENVIRONMENTAL COMMISSION
April 28, 2008
1:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo Bill Pierce
Michael Kurz
Sarah R. Paladino (departed at 2:40 after Item 3)
Scott Proper
Susie Tjossem
David Viele
Site Visits:
1. Osaki Sushi Restaurant - 100 East Meadow Drive
2. Peters Residence - 2955 Bellflower Drive
Driver: Warren
30 minutes
1. A request for a final review of variances from Sections 12-6D-6, Setbacks, 12-6D-9, Site
Coverage, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition
and remodel with required parking located partially within the public right-of-way, located at 2955
Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting forth details in regard thereto.
(PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
1. The variance approvals are contingent on the Applicant obtaining Town of Vail
approval of a design review application for the proposed additions.
2. The Applicant shall submit a revocable right-of-way permit to Public Works for all
improvements located within the Bellflower Drive right-of-way prior to issuance of the
building permit.
3. The Applicant shall deed restrict the secondary dwelling unit as a Type I Employee
Housing Unit and file all necessary documentation with the Town of Vail Housing
Coordinator prior to the issuance of the Certificate of Occupancy.
4. The Applicant shall trim the large existing evergreen tree in the front yard so that no
limbs hang below 7 feet as measured from the ground, upward, prior to the issuance
of the Certificate of Occupancy.
Nicole Peterson presented a summary of the Staff memorandum.
Carl Mueller, applicant's representative, was available for questions.
There was no public comment.
Commissioner Proper asked for clarification of the scope of this proposal in comparison to the
other variances granted in the neighborhood. He also clarified the hardships on the property.
Page 1
Commissioner Viele noted the similarity of this proposal to past variance approvals. He noted
that the house was originally constructed under Eagle County jurisdiction and this variance
approval would not be a grant of special privilege.
Commissioner Kurz asked for clarification concerning the deed restrictions of the EHU.
Commissioner Paladino had no comment.
Commissioner Tjossem questioned if the second floor bedroom was a grant of special privilege
given its location within the setback. She noted that the garage was a positive addition.
Commissioner Kjesbo noted the EHU deed restriction and the new garage are in keeping with
the Town's development goals.
15 minutes
2. A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4, Minor
Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site, located at 151,
250, and 280 Vail Lane/(a complete legal description is available for inspection at the Town of
Vail Community Development Department upon request), and setting for details in regard
thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
ACTION: Approved
MOTION: Viele SECOND: Proper VOTE: 6-0-0
Warren Campbell presented a summary of the proposal and the Staff memorandum. Warren
noted some minor corrections that had been made to the proposed final plat by the applicant's
legal representatives subsequent to the printing of the Staff memorandum.
Gerry Arnold, Vail Resorts, was available for questions.
Jim Lamont, Vail Homeowner's Association, asked for clarification concerning the boundary with
Mill Creek Subdivision.
There were no Commissioner comments.
15 minutes
3. A request for a final recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development
District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Recommendation of approval with condition(s)
MOTION: Tjossem SECOND: Proper VOTE: 4-0-2 (Kjesbo & Viele recused)
1. The Applicants must obtain final review and approval of the proposed development
plan by the Town of Vail Design Review Board, prior to making an application for the
issuance of a building permit.
2. The Applicants shall provide the legally executed and duly recorded deed restriction
with the Eagle County Clerk & Recorder's Office for the off-site employee housing unit
prior to the issuance of a temporary certificate of occupancy for the construction
associated with this amendment.
3. The Applicants shall make the off-site employee housing unit ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the construction
Page 2
associated with this amendment, in accordance with Section 12-23-10, Timing, Vail
Town Code.
4. The Applicants shall make the loading and delivery ramp ready for use prior to the
issuance of a temporary certificate of occupancy for the construction associated with
this amendment.
5. The Applicants must obtain Town of Vail Public Works Department approval of the
loading and delivery ramp design prior to first reading of an ordinance by the Vail
Town Council for the proposed SDD amendment.
Commissioner Kjesbo and Commissioner Viele recused themselves due to conflicts of interest.
Commissioner Kurz chaired the meeting for this item.
Bill Gibson presented a summary of the Staff memorandum.
Kyle Webb, representing the Osaki's, stated their concerns about installing steep loading and
delivery ramp adjacent to the Osaki's restaurant expansion. He requested that the Commission
forward a recommendation of approval of the proposal and recommend elimination of the
proposed ramp.
George Ruther, Director of Community Development, spoke to the topic of the loading and
delivery ramp. He explained the history of the Vail Village Inn development and the Vail Plaza
Hotel. He explained the need for the ramp and why this project in being required to construct a
loading and delivery ramp. He added that if the condition for the loading and delivery ramp were
eliminated from the proposal, Staff would recommend denial of this application.
Jim Lamont, representing Vail Homeowners, requested clarification about connections between
the various Vail Village Inn phases that were proposed at the time of the Vail Plaza Hotel
development.
George Ruther stated that the connections were not installed as per the Ordinances for several
reasons. One being cost and the other is the desire of Phase III owners to not allow deliveries
and trash to be routed through their structure. He reiterated the importance of needing a ramp or
lift to vertically circulate the trash and deliveries.
Kyle Webb reiterated that he did not believe the ramp would be used due to its steepness, but
the applicant was willing construct it if that would satisfy Staff's recommended conditions. He
further added that a loading and delivery lift was price estimated to be in excess of half of the
total cost of the proposed addition.
Commissioner Proper asked if the ramp was heated and how it compared to the width of a
standard hallway.
Kyle Webb stated the ramp was not heated and that the ramp was two feet wide and a hallway is
typically three feet.
Commissioners Tjossem and Palidino asked why this one business owner was being asked to
construct the loading and delivery ramp improvements that should be the responsibility of the
Vail Village Inn owners association.
George Ruther explained the history of the development of Vail Plaza Hotel and the ownerships
unwillingness to allow alternative loading and delivery improvements to be construction during
Page 3
the Vail Plaza Hotel construction. He noted that the proposed restaurant expansion could affect
other possible loading and delivery alternatives.
Commissioner Kurz stated his thoughts that the project included several benefits which would
better the property and the community.
60 minutes
4. A request for a final recommendation to the Vail Town Council of a proposed update and review
of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and
Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan,
located within the boundaries of the adopted Master Plan/(a complete legal description is
available for inspection at the Town of Vail Community Development Department upon request),
and setting forth details in regard thereto. (PEC080020)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Tabled to June 23, 2008
MOTION: Viele SECOND: Proper VOTE: 5-0-0
George Ruther, Director of Community Development, presented a power point presentation on
the history and purpose of the Vail Village Master Plan. He further added that the Community
Development was proposing an update of the Master Plan so that it remains a functional and
usable document. This is not an amendment to change the current recommendations and
tenants of the Master Plan.
Jim Lamont, representing Vail Homeowners, stated that he saw his role as one of filling in the
history from a Staff perspective in this process. He further added a greater account of the history
of the development of Lionshead and the economics that were in play during the original
Lionshead Master Plan. He continued by stating that the residential condominium associations
need to be included as well in the process to cover those representing floor levels above the
commercial basements and street level spaces. He also highlighted the importance of the sub-
area plans and how they all interact together to accomplish the goals and objectives of the
Master Plan. He concluded by suggesting that a method such as the Internet should be used to
continue the education of citizens into the future about the blood, sweat, and tears that went into
the original Master Plan and the current proposed update.
Commissioner Viele suggested including all the owners of property in the Village.
5 minutes
5. 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 May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
6. 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)
Page 4
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
ACTION: Table to May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
7. 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-
76-15, 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: Scot Hunn
ACTION: Table to May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
8. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments,
Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the
redevelopment of the site with employee housing, commercial, and office uses, located at 241
South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Withdrawn
9. Approval of April 14, 2008 minutes
MOTION: Vile SECOND: Tjossem VOTE: 5-0-0
10. Information Update
George Ruther gave a report on the hearing with Town Council with regard to the North Day Lot
proposed Lionshead Redevelopment Master Plan amendments.
11. Adjournment
MOTION: Kurz SECOND: Viele VOTE: 5-0-0
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 April 25, 2008, in the Vail Daily.
Page 5
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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, on May 12, 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, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2,
Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental
Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for
sexually oriented businesses as a conditional use in the Heavy Service District, and
setting forth details in regard thereto. (PEC080005)
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-
16, Conditional Use Permits, to allow for the administrative review and approval of
specific conditional uses, and setting forth details in regard thereto. (PEC080103)
Applicant: Town of Vail
Planner: Bill Gibson
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 April 25, 2008, in the Vail Daily.
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