HomeMy WebLinkAbout2008-0623 PECPLANNING AND ENVIRONMENTAL COMMISSION
June 23, 2008
12:00 Noon
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
12:00 pm (Lunch Provided) T.O.D. Presentation -Michael Yerman 60 Minutes
Parking Task Force -Greg Hall
45 minutes
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:
MOTION: SECOND: VOTE:
20 Minutes
2. 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
ACTION:
MOTION: SECOND: VOTE:
5 Minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment,
Vail Town Code, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth
details in regard thereto. (PEC080032)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to July 14, 2008
MOTION: SECOND: VOTE:
4. Approval of June 9, 2008 minutes
MOTION: SECOND: VOTE:
5. Information Update 30 Minutes
Environmental Strategic Plan -Bill Carlson
Page 1
6. 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 June 20, 2008, in the Vail Daily.
Page 2
MEMORANDUM
TO: Town of Vail Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 2008
SUBJECT: 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-B, 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 Community Development Department
Planner: George Ruther
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail Community Development Department, represented
by George Ruther, is requesting a work session with the Town of Vail Planning &
Environmental Commission to discuss a proposed update to the Vail Village
Master Plan. The proposed update has been initiated by the Community
Development Department pursuant to Section VIII (B) of the Vail Village Master
Plan.
The purpose of this work session is to:
1. Share the comments and input the Community Development Department
has received on the master plan update process to date;
2. Review the existing goals, objectives, policies and action steps of the
master plan; and
3. Outline the next steps in the review process for updating the Vail Village
Master Plan.
As this is a work session, staff will not be providing a formal recommendation at
this time. Staff requests that the Planning and Environmental Commission tables
this application to the July 14, 2008 public hearing.
II. BACKGROUND
On January 22, 2008, the Vail Town Council instructed staff to prepare and
update to the Vail Village Master Plan. The purpose of the update is to address
the six major goals outlined in the master plan, acknowledge the actions steps
that have been completed in keeping with the master plan, and to identify the
next series of actions steps needed to further implement the goals, objectives
and policies of the master plan.
On April 28, 2008, the Town of Vail Planning & Environmental Commission held
a public hearing on the update. At that time, the Commission expressed their
collective support for the updating process outlined by the Community
Development Department and encouraged the staff to complete a public
participation process which was inclusive of the community, property owners,
and business owners in the areas affected by the master plan.
On April 16, May, 1, May 13, May 23, and June 10, the Community Development
Department met with members of the 1990 Town of Vail Planning &
Environmental Commission, Vail Chamber & Business Association Board, Vail
Economic Advisory Council, Meadow Drive Business Partnership and the Vail
Chamber & Business Association membership to share information with the
community about the master plan update and to gain input on the process.
III. DISCUSSION ITEMS
Overview of the Goals, Objectives, Policies and Action Steps
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. 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 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, whether it be through the review of private sector development
proposals or in implementing capital improvement projects. Finally, action
steps are suggested as immediate follow-up actions necessary to implement
the goals of this Plan.
The Vail Village Master Plan's objectives and policy statements address key
issues relative to growth and development. These statements establish much of
the context within which future development proposals are evaluated. In
implementing the Plan, the objectives and policies are used in conjunction with
a number of graphic planning elements that together comprise this Plan. While
the objectives and policies establish a general framework, the graphic plans
provide more specific direction regarding public improvements or development
potential on a particular piece of property.
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GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE
PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE
IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY.
1.1 Objective:
Implement a consistent development review process to
reinforce the character of the Village.
1.1.1 Policv
Development and improvement projects approved in the Village
shall be consistent with the goals, objectives, policies and
design considerations as outlined in the Vail Village Master
Plan and Urban Design Guide Plan.
1.2 Objective:
Encourage the upgrading and redevelopment of residential and
commercial facilities.
1.2.1 Policv:
Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and
Urban Design Guide Plan.
1.2.2 Policv:
Development and improvement projects constructed shall be
coordinated to minimize the unintended negative consequences
associated with construction activity in a pedestrianized,
commercial area.
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 #1 Action Steps:
1. Develop and adopt an overlay zone district implementing the Vail
Village Master Plan. (Completed)
2. Study an impact fee system to reduce the public burden of
providing infra-structure and public services to new development.
(Ongoing)
3. Prioritize public improvement projects within the Village area. (An
original prioritization was completed. A re-prioritized list needs to
be done for future development and redevelopment)
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Develop and adopt an annual construction activity schedule for
development and improvement projects in the Village with special
attention given to the use of the Town's right-of-way and the
potential negative impacts on the resident and guest experience.
Explore the impacts of amending the definition of a "building story"
as defined on the Conceptual Building Height Plan to allow for an
increase in the floor-to-floor height to greater than 9 feet.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-
AROUND 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 11 sub-areas
throughout the Village and allow for development that is compatible
with these established land use patterns.
2.1.1 Policv:
The zoning code and development review criteria shall be
consistent with the overall goals and objectives- of the Vail
Village Master Plan.
2.2 Obiective:
Recognize the "historic" commercial core as the main
activity center of the Village.
2.2.1 Policv:
The design criteria in the Vail Village Urban Design Guide
Plan shall be the primary guiding document to preserve the
existing architectural scale and character of the core area
of Vail Village.
2.3 Objective:
Increase the number of residential units available for short
term overnight accommodations.
2.3.1 Policv:
The development of short term accommodation units is
strongly encouraged. Residential units that are developed
above existing density levels are required to be designed or
managed in a manner that makes them available for short
term overnight rental.
2.4 Objective:
Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
2.4.1 Policv:
Commercial infill development consistent with established
horizontal zoning regulations shall be encouraged to provide
activity generators, accessible greenspaces, public plazas,
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and streetscape improvements to the pedestrian network
throughout the Village.
2.4.2 Policv:
Activity that provides night life and evening
entertainment for both the guest and the community
shall be encouraged.
2.5 Objective:
Encourage the continued upgrading, renovation and maintenance of
existing lodging and commercial facilities to better serve the needs of
our guests.
2.5.1 Policv:
Recreation amenities, common areas, meeting facilities and other
amenities shall be preserved and enhanced as a part of any
redevelopment of lodging properties.
2.5.2 Policv:
The town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate
budding renovations without compromising life, health and safety
considerations.
2.6 Objective:
Encourage the development of affordable housing units in Vail
Village through the efforts of the private sector.
2.6.1 Policv:
Employee housing; units may be required as part of any new or
redevelopment project requesting density over that allowed by
existing zoning.
2.6.2 Policv:
Employee housing shall be developed with appropriate restrictions
so as to insure their availability and affordability to the local work
force.
2.6.3 Policv:
The Town of Vail may facilitate in the development of affordable
housing by providing limited assistance.
2.6.4 Policv:
Employee housing may be developed in the Village when
required by the Town's adopted Zoning Regulations.
GOAL #2 Action Steps:
1. Initiate zoning code modifications to clarify the Urban Design Guide
Plan's authority to cover those areas outside of; Commercial Core I
that are referenced by the Urban Design Guide Plan. (Completed.
Sections 12-78-7 (A)(6) & (8) of the Zoning Regulations have been
amended to include the requisite compliance with the Urban
Design Guide Plan)
GOAL #3: TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE
WALKING EXPERIENCE THROUGHOUT THE VILLAGE
3.1 Obiective:
Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policv:
Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping,
lighting and seating areas), along adjacent pedestrian ways.
3.1.2 Policy:
Public art shall be encouraged at appropriate
locations throughout the Town.
3.1.3 Policv:
Flowers, trees, water features, and other landscaping shall be
encouraged throughout the Town in locations adjacent to, or
visible from, public areas.
3.2 Objective:
Minimize the amount of vehicular traffic in the Village to the greatest
extent possible.
3.2.1 Policv
Vehicular traffic will be eliminated or reduced to absolutely
minimal necessary levels in the pedestrianized areas of the
Village.
3.3 Objective:
Encourage a wide variety of activities, events, and street life along
pedestrian ways and plazas.
3.3.1 Policv:
The Town encourages a regulated program of outdoor street
activity in predetermined locations throughout the Village.
3.3.2 Policv:
Outdoor dining is an important streetscape feature and shall be
encouraged in commercial infill or redevelopment projects.
3.4 Objective:
Develop additional sidewalks, pedestrian-only walkways and accessible
green space areas, including pocket parks and stream access.
3.4.1 Policv:
Physical improvements to property adjacent to stream tracts
shall not further restrict public access.
h
3.4.2 Policy:
Private development projects shall be required to incorporate
new sidewalks along streets adjacent to the project as
designated in the Vail Village Master Plan and/or Recreation
Trails Master Plan.
GOAL #3 Action Steas:
1. Initiate a comprehensive lighting plan for all public spaces in Vail
Village. (Completed as part of the Town of Vail Streetscape Master
Plan, 1990 and the Town of Vail Streetscape Master Plan
Addendum 2004)
2. Amend the Design Review Guidelines to recognize the concept of
"winterscape" in the evaluation of landscape plans.(Ongoing)
3. Identify locations and funding strategies for the development of
additional public restrooms in the Village. (Completed. Public
restrooms have been constructed at the Mountain Plaza and
on Wall Street beneath the Vendetta's outdoor dining deck)
4. Study walking-only paths and stream access on public property.
(Completed)
5. Initiate the Vail Village Streetscape Improvement Plan to serve as a
concept plan for subsequent improvements to public places in the
Village. (Completed. A Town of Vail Streetscape Master Plan was
adopted in 1990 with an addendum adopted in 2004. The Village
Streetscape project was completed in 2007)
6. Designate an Arts in Public Places Board to produce and/or
review proposals for public art along pedestrian ways.
(Completed)
7. Expand the summer flower planting program and encourage private
sector participation. (Ongoing)
8. Improve traffic control systems--effectiveness and appearance.
(Completed in 2007 as part of the Village Streetscape project)
9. Monitor time zoning and revise as possible. Continue to explore
alternative service/delivery mechanisms, especially an off-site
warehouse with small vehicle distribution in the Village. (Dispersed
loading/delivery facilities have been constructed. Ongoing
opportunities remain)
10. Construct new sidewalks and recreation trails as per the
Recreation Trails Master Plan--Core Area Detail. (Ongoing)
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GOAL #4: TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND
GREENSPACE 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.
4.1.1 Policv:
Active recreation facilities shall be preserved (or relocated to
accessible locations elsewhere in the Village) in any
development or redevelopment of property in Vail Village.
4.1.2 Policy:
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.
4.1.3 Policv
With the exception of ski base-related facilities, existing natural
open space areas at the base of Vail Mountain and throughout
Vail Village shall be preserved as open space.
4.1.4 Policv:
Open space improvements including the addition of
accessible greenspace as described or graphically shown
in the Vail Village Master Plan and/or Urban Design Guide
Plan, will be required in conjunction with private infill or
redevelopment projects.
4.2 Objectives:
Improve and expand the opportunity for active and passive
recreational activity throughout the Village.
4.2.1 Policv:
Continue the implementation of the Ford Park Master Plan
as this will provide important recreational opportunities to
residents and guests.
GOAL #4 Action Steps:
1. Develop pocket parks with passive recreational improvements
including benches, paths, children's play facilities and stream access
in appropriate Town-owned parcels. (Ongoing)
2. Evaluate opportunities for the purchase of additional parcels for open
space and/or public use. (Completed as part of the Town of Vail
Comprehensive Open Lands Plan, 1994)
3. Explore the "Mill Creek Retail Area" as part of the Village
Streetscape Project. (Completed)
4. Connect streamwalks to other walkways and pocket parks in order to
integrate and enhance the total pedestrian network. (Ongoing)
5. Revegetate disturbed areas along stream tracts. (Ongoing)
6. Improve or remove the Willow Bridge pedestrian bridge.
(Completed improvements)
7. Restore the Town snow dump, including stream tract, to its natural
state. (Completed)
8. Explore the feasibility of expanding Ford Park to the west to Vail
Valley Drive and/or Slifer Plaza
GOAL #5: INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND
AESTHETICS OF THE TRANSPORTATION AND CIRCULATION
SYSTEM THROUGHOUT THE VILLAGE.
5.1 Objective:
Meet parking demands with public and private parking facilities
5.1.1 Policv
For new development that is located outside of the Commercial
Core I Zone District, on-site parking shall be provided (rather than
paying into the parking fund) to meet any additional parking
demand as required by the zoning code.
5.1.2 Policv:
The expansion of the Vail Village parking structure shall maximize
the number of additional parking spaces available for public
parking.
5.1.3 Policv:
Seek locations for additional structured public and private
parking.
5.1.4 Policv
Continue to promote the lease parking program as a means
for maximizing the utilization of private parking spaces.
5.1.5 Policv
Redevelopment projects shall be strongly encouraged to provide
underground or visually concealed parking.
5.2 Objective:
Encourage the use of public transportation to minimize the use of private
automobiles throughout Vail.
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5.2.1 Policv:
The Town shall continue to provide an efficient transit system
and increase service levels as needed to meet demand.
5.2.2 Policv:
The Town shall facilitate and encourage the operation of private
shuttle vans outside of the pedestrianized core area.
5.3 Objective:
Concentrate the majority of interconnecting transit activity at the
periphery of the Village to minimize vehicular traffic in
pedestrianized areas.
5.3.1 Policv:
The Vail Transportation Center shall be the primary pick up and
drop off point for public transit and private shuttle vans and taxis.
5.4 Objective:
Improve the streetscape circulation corridors throughout the Village.
5.4.1 Policv:
The Town shall work with the Colorado Division of Highways
toward the implementation of a landscaped boulevard and
parkway along the South Frontage Road.
5.4.2 Policv:
Medians and right-of -ways shall be landscaped.
GOAL #5 Action Steps:
Construct vehicular circulation and signage improvements
designed to reduce unnecessary traffic into the Village core.
(Ongoing)
2. Continue to monitor traffic flow through the 4-way stop area and study
alternatives available to increase efficiency of this intersection and'
meet future traffic demands. (Completed as part of the Main Vail
Roundabout Project 1997)
3. Continue to study the feasibility of a "people mover" or other public
transportation alternatives to augment or replace the existing shuttle
system. (Ongoing)
4. Village parking policies (both parking requirements and properties
eligible for paying into the parking fund) following the completion of
the Town's Parking and Transportation Study. (Completed. In 2000,
the both the parking requirements for properties in Vail Village and
those properties eligible for pay in lieu were amended in the Zoning
Regulations)
5. Study the feasibility of an underground (recreation fields would
remain), parking structure in Ford Park. (Ongoing)
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GOAL #6: TO ENSURE THE CONTINUED IMPROVEMENT OF THE VITAL
OPERATIONAL ELEMENTS OF THE VILLAGE.
6.1 Objective:
Provide service and delivery facilities for existing and new
development.
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.
6.2.1 Policv:
Development projects and other improvements in Vail Village
shall be reviewed by respective Town departments to identify
both the impacts of the proposal and potential mitigating
measures.
6.2.2 Policv:
Minor improvements (landscaping, decorative paving, open dining
decks, etc.), may be 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.
GOAL #6 Action Steps:
1. Study feasible alternatives for providing long range solutions for
loading and delivery functions in the Village. (Completed. Dispersed
loading/delivery facilities have been constructed)
2. Work closely on an ongoing basis with Upper Eagle Valley Water
and Sanitation District to ensure adequate water and sewer
facilities to accommodate future development. (Ongoing)
3. Study feasible alternatives for centralized trash facilities in the
Commercial Core I area. (Ongoing)
4. Work closely with the Vail Village business owners, property
owners, lodge owners, residents and all other potentially
affected parties on an ongoing basis to optimize the use of the
Town's dispersed loading/delivery facilities and minimize the
use of the Town's right of way for loading/delivery activities.
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IV. NEXT STEPS
The following dates outline the next steps in the review process of the Vail
Village Master Plan:
• June 24t" -Commission on Special Events meeting
• June 26t" & 27t" -Meetings with Vail Village property owners
• July 1St -Vail Town Council worksession and progress update
• July 8t" -Vail Economic Advisory Council meeting
• July 14t" - Town of Vail Planning & Environmental Commission
recommendation to the Vail Town Council
• July 15t" -Vail Town Council public hearing on the updating resolution
V. STAFF RECOMMENDATION
As this is only a worksession, staff will not be providing a recommendation at this
time.
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M
~--i
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to 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 Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment 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.
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval of the proposed amendments based upon the
criteria found in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment 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 development review
process. The Town of Vail is proposing to streamline the conditional use permit
application review process through the following:
• Allowing all Employee Housing Units as permitted uses, rather than some
EHUs being conditional uses; and,
• Allowing communications antennas and appurtenant equipment as
permitted uses in the General Use, Housing, and Commercial Core 3
Districts (they will remain conditional uses in all other districts); and,
Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3
Districts and the Public Accommodation District (Vail Village and West
Vail areas); and,
Allowing amendments to conditional use permits to be reviewed
administratively.
Employee Housing Units (EHUs)
The Commission and Town Council recently amended the Town Code to allow
many Types of EHUs to be permitted uses, rather than as a conditional use, as
part of the amendments to the Commercial Linkage and Inclusionary Zoning
regulations. In keeping with this example of improving the efficiency of the
Town's development review process, Staff is proposing that all types of EHUs be
permitted uses, rather than conditional uses. This amendment will in no way
alter the restrictions currently applied to EHUs or the zone districts in which the
various types are allowed.
Currently the Founder's Parking Garage, located between Hanson Ranch Road
and Gore Creek Drive in the Vail Village, is the only property located within the
Parking District. The only permitted use in that district is "private or public
unstructured off street vehicle parking" and Type III EHUs are conditional uses.
Staff is proposing that EHUs become the second permitted use in this district.
The Parking District is unique in that there are no prescribed development
standards. Asa "clean-up" to this district's regulations, Staff is proposing that all
development standards be established by the Planning and Environmental
Commission similar to the General Use and Housing Districts. The specific text
associated with this "clean-up" is located in Section 23 of the attached draft
Ordinance No. 12.
Communications Antennas and Appurtenant Equipment
Communications antennas such as cellular phone antennas are predominantly
located in the General Use, Housing, and Commercial Core III Districts on the
water tanks, Middle Creek building, the Owest Tower, Solar Vail, Red Sandstone
School, and the Brandess Building. The antennas were all approved as
conditional uses with the only conditions being related to design. Therefore, Staff
is proposing to allow such antennas as permitted, rather than conditional uses, in
these three zone districts. Communications antennas such as the town-wide wi-
fi service antennas are located in a variety of other zone districts. Staff is
proposing that communications antennas remain allowed as conditional use in
the Town's other zone districts.
Asa "clean-up" to the Town's design guidelines, Staff is proposing the following
basic standards be applied to all communications antennas:
"14-10-12: Communications antennas and appurtenant equipment:
Communications antennas and any associated appurtenant equipment
should be integrated into existing principle buildings and structures. All
antennas and appurtenant equipment shall be located and screened so
as not to detract from the overall site design quality. "
This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12.
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Automated Teller Machines (ATM's)
There has been inconsistency in the Town's regulation of ATM's located on the
exterior of buildings. Some existing ATM's were reviewed through the
conditional use process as a "bank and financial institution", while others were
simply reviewed through the design review process. ATM machines are currently
allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail.
Staff is proposing to allow ATM's as permitted use in those zone districts that
already allow banks and financial institutions and the Public Accommodation
District. These proposed text amendments will not affect ATM's located inside a
business.
Conditional Use Permit Amendments
The Town's current conditional use permit regulations, Chapter 12-16, Vail Town
Code, do not address amendments to a previously approved permit. Since there
is no defined process to address these requests, historically any amendment to
an active or existing conditional use permit has been reviewed as if it were an
application for a new permit.
Staff believes a conditional use permit amendment review process must be
formally established in the Town Code. Staff believes some amendments to an
existing permit are minor in nature and do not warrant review as if the request
was a new conditional use permit application. Therefore, Staff is proposing
minor permit amendments be reviewed administratively, while more significant
amendments, as determined by the Administrator, remain under the purview of
the Planning and Environmental Commission. Staff is proposing the following
addition to Chapter 12-16, Conditional Use Permit, Vail Town Code:
"12-16-10: AMENDMENT PROCEDURES:
1. The Administrator may approve amendments to an existing conditional
use permit (including, but not limited to, additions to buildings and
structures associated with the use, changes to the operation of the use,
changes to the previous conditions of approval, etc.) if the Administrator
determines the amendment meets the following criteria:
a. The amendment is in accordance with all applicable elements of
the Vail Town Code and the Vail Comprehensive Plan; and,
b. The amendment does not significantly alter the basic character or
intent of the original conditional use permit; and,
c. The amendment will not adversely affect the public health, safety,
and welfare.
2. All amendments to an existing conditional use permit not meeting the
above listed criteria, as determined by the Administrator, shall be
reviewed by the Planning and Environmental Commission in accordance
with the procedures described in Section 12-16-5 of this chapter."
This proposed amendment is located in Section 27 of the attached draft
Ordinance No. 12.
Additional Text Amendments
Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town
Code, to define the terms "accessory use", "conditional use" and "permitted use";
and to clarify the definition of "public utility and public service uses". These
proposed amendments are located in Section 1 of the attached draft Ordinance
No. 12, Series of 2008
Notification
Currently the results from the Administrative review of design review applications
are listed on the Design Review Boards's agendas as an information update
item. This informs the public, the Board, and the Town Council of what
applications have been reviewed by the Town Staff, it allows the public, the
Board, and the Town Council the opportunity to ask Staff questions about the
applications and the administrative actions, and affords all three groups the
opportunity to "call-up" or appeal any administrative action. Staff is proposing to
also lists all conditional use permit amendments that have been administratively
reviewed on the Planning and Environmental Commission's agendas under
information update for the same purposes.
Conditional Use Permit Certificates
Historically, conditional use permits in the Town of Vail have been issued and
tracked through archived Planning and Environmental Commission
memorandums and minutes, and are now issued and tracked with a computer
generated Commission action form. The Town has historically not issued an
actual permit with the approval of a conditional use permit application. So,
similar to a Certificates of Occupancy, the Town will begin creating and issuing
actual Conditional Use Permit certificates (suitable for framing) with the approval
of a conditional use permit application. A sample of these certificates has been
attached for reference (Attachment B).
III. BACKGROUND
The Commission held a work session at its May 12, 2008, hearing to discuss the
concept of creating a new administrative review process for existing conditional
uses such as:
• 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
The Commission was generally supportive of the concept of allowing certain
existing conditional uses to be reviewed administratively, rather than by the
Commission. However, the Commission did not support changing the review
process for Bed and Breakfast or Home Child Daycare Facilities uses.
4
In general, the Commission noted its preference to continue notifying adjacent
property owners of a conditional use permit application prior to any action by
either the Commission or Staff.
The Commission held a work session at its June 9, 2008:
Staff believed the same goals of achieving time and financial savings can be
achieved without creating a new or additional review process. The Commission
discussed the following alternative amendments:
• Allowing communication antennas that are integrated into a building in
General Use, Housing, and Commercial Core 3 Districts as permitted
uses.
• Allowing all employee housing units (EHU's) as permitted uses.
• Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2
(i.e. Vail Village and Lionshead) as permitted uses.
• Allowing modifications/amendments/additions to a previously approved
conditional use permit that do not alter the original character or impacts of
the use.
• Ending the requirement that a conditional use permit much be obtained to
eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail
Village).
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the
text amendment application.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a
text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code, and forwarding of a recommendation to the Town Council.
Design Review Board:
The Design Review Board has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications,
or denial of a text amendment application, pursuant to Section 12-3-7,
Amendment, Vail Town Code.
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 12-1, Title, Purpose and Applicability (in part)
Section 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.
Chapter 12-3: Administration and Enforcement: (in part)
6
12-3-7: AMENDMENT:
C. Criteria and Findings:
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.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals/Policies (in part)
1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident.
1.3 The quality of development should be maintained and
upgraded whenever possible.
1.12 Vail should accommodate most of the additional growth in
existing developed areas (infill areas).
3. Commercial
3.4 Commercial growth should be concentrated in existing
commercial areas to accommodate both local and visitor needs.
7
5. Residential
5.1 Additional residential growth should continue to occur primarily
in existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.2 Quality time share units should be accommodated to help
keep occupancy rates up.
5.3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives, Policies and Action Steps (in part)
Goal #2: To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
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
redevelopment project requesting density over that allowed by
existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate restrictions
so as to insure their availability and affordability to the local work
force.
2.6.3 Policy:
The Town of Vail may facilitate in the development of affordable
housing by providing limited assistance.
LIONSHEAD REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation -Overall Study Area
4.8 Parking
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be reduced
to maximize the housing opportunities in west Lionshead. During the
master planning process, the Vail Town Council toured several employee
housing complexes in Keystone Resort that averaged .25 cars per bed
(one parking space per four-bed unit). Most of these complexes at
Keystone are removed from the core and depend on a bus transit system
to carry employees to and from work. Yet, Keystone property managers
have not observed a parking shortage. Likewise, at the Rivers Edge
employee housing project in Avon, a parking ratio of . 75 cars per bed has
been more than adequate and the parking lot is underutilized.
4.9 Housing
Recent community surveys and grass-roots planning efforts such as
Vail Tomorrow have identified the lack of locals housing as the most
critical issue facing the Vail community. Early in the Lionshead
master planning process, west Lionshead was identified as an opportunity
area to implement some of the community's housing goals, particularly
relating to employee housing. These opportunities and associated issues
are outlined below.
4.9.1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that there shall be no
net loss of employee housing in Lionshead as redevelopment occurs.
Visual Issues
4.9.2 The financial realities of affordable housing often require cost
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projects feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is also important that financial
realities not be used as an excuse to produce unsightly, poorly designed,
substandard products. Employee housing does not need to match the
architectural sophistication of a five star resort development, but it does
need to be good quality construction and design. Rivers Edge in Avon is
a good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is through
policy based requirements such as the employee generation ordinance
currently being pursued by the Vail Town Council. As required by a future
ordinance, all development and redevelopment projects, as a prerequisite
to project approval, should provide housing for employees generated and
to the extent possible this housing should be located in the Lionshead
area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
Housin The high cost of housing and a lack of developable land
continue to challenge the community in providing adequate workforce
housing. Opportunities exist to increase the amount of employee housing
through redevelopment of existing housing, the purchase of deed-
restricted units and through developer requirements. During 20/20,
participants placed workforce housing as a top priority for the community
and government leaders to address.
Community Values (in part)
Diversity: Vail values maintaining a diverse population of residents,
workers and visitors, with a broad representation of age, family
composition, ethnic background and economic means.
Land Use and Development (in part)
20/20 Vision: The pedestrian ambiance and scale of Vail Village and
Lionshead continues into 2020, where the European alpine charm of Vail
is replicated in its new development. The unique character of Vail is
evident from the Tyrolean building style that speaks of Vail's history, to
the mountain contemporary style that heralds technological advancement.
The vibrant mixed-use pedestrian core areas of Vail attract guests,
residents and businesses. The diversity of businesses within the core
areas provides something for everyone and the new affordable housing
options are seamlessly integrated into the community's fabric. Growth
has been carefully managed to be sustainable and complementary to the
natural environment.
20/20 Implementation: Based on input from the community during the
20/20 process, town staff developed the following goals and action
strategies to support the land use and development vision. The goals
also reflect the common themes heard from the community during the
20/20 process, including a need for more employee housing, increased
environmental sustainability, reduction of 1-70 impacts and managed
growth.
Goal #3: Ensure fairness and consistency in the development review
process.
Actions/Strategies
• Provide transparency of the review process by improving
communications.
• Embrace policies and practices that ensure honest governmental
interaction.
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review
applications.
• Provide adequate training for members of the town's boards,
commissions and committees regarding goals and purposes for
regulation.
10
• Develop a streamlined design review process and include in
regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30
percent of the workforce through policies, regulations and publicly
initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that are
required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that
will increase the number of employees living within the town.
• Address the zoning regulations to provide more incentives for
developers to build employee housing units.
Housing (in part)
20/20 Vision: The number of employees living within the town has steadily
increased, thanks to the town's commitment to ensure affordability and
availability of housing. The number of deed-restricted rental and for-sale
units required of both private and public projects has increased. The
diversity of deed-restricted units can accommodate the seasonal worker,
as well as all levels of year-round employees, including those with
families. Housing in general has been transformed to include green
building standards.
20/20 Implementation: Based on input from the community during the
20/20 process, town staff with the Vail Local Housing Authority,
developed the following goals and action strategies to support the
housing vision.
Goal: The Town of Vail recognizes the need for housing as infrastructure
that promotes community, reduces transit needs and keeps more
employees living in the town, and will provide for enough deed-restricted
housing for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
Actions/Strategies:
• Research and propose next steps for strengthening the town's
inclusionary zoning and commercial linkage policies, including
requirements for more zone districts.
• Research parking requirements for employee housing and consider
reducing requirements for employee housing developments.
• Ensure pay-in-lieu funds generate as many workforce housing units
as possible.
• Establish protocol for disbursement of dedicated housing fund
resources.
• Research and secure potential alternative (besides pay-in-lieu)
funding sources for employee housing.
11
VI. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. This will positively impact the Town
government and the public. Therefore, Staff believes the proposed text
amendments are consistent with the purposes of the Town's Zoning
Regulation's as outlined in Section V above.
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan and
is compatible with the development objectives of the Town; and
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. Therefore, Staff believes the proposed text
amendments will better implement and better achieve the adopted goals,
objectives and policies of the Town's Zoning Regulations and
Comprehensive Master Plan as outlined in Section V above.
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 Town of Vail has processed 246 separate conditional use permits
over the past 18 years (1990-2008) for an average of 14 applications per
year. Of all those applications, only 4 were denied (a real estate office at
the VVI, an outdoor dining deck in Vail Village, a Type II EHU on Forest
Road, and employee housing at the Town's Public Works facility).
Given the significant number of applications and the substantial amount
of time and effort involved in processing each application through the
current conditional use permit review process; Staff believes the
proposed text amendments will create substantial time savings for
applicants, Staff, and the Commission for certain applications.
Additionally, Staff believes the proposed text amendments will create cost
savings for the Town, which currently processes applications at a
financial loss. The time and financial savings achieved by these
amendments were discussed in detail at the Planning and Environmental
Commission's June 9, 2008, hearing and are highlighted in the attached
power point presentation (Attachment B).
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives.
12
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. Therefore, Staff believes the proposed text
amendments will continue to facilitate and provide a harmonious,
convenient, workable relationship among land use regulations that are
consistent with the Town of Vail master plans and development
objectives.
5. Such other factors and criteria the Commission and/or Council
deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council for the text amendments outlined in the attached Draft Ordinance
No. 12, Series of 2008. Should the Planning and Environmental Commission
choose to recommend approval of this request; Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment 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. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's
June 23, 2008, memorandum and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. That the amendment is 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 amendment furthers the general and specific purposes of the
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality."
13
VIII. ATTACHMENTS
A. Draft Ordinance No. 12, Series of 2008
B. Conditional Use Permit certificate
C. Power Point Summary
14
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T~WNOF VAfL ,
PLANNING AND ENVIRONMENTAL COMMISSION
June, 9, 2008
1:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Sarah Paladino Michael Kurz
Susie Tjossem
Bill Pierce
Rollie Kjesbo
Scott Proper
David Viele
15 Minutes
A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Vail
Town Code, to allow for the continued operation of a temporary public restroom and skier
ticketing office, located at Lot 2, Lionshead 6t" Filing, and setting forth details in regard
thereto. (PEC080024)
Applicant: Vail Resorts, represented by Kyle Griffith
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Paladino VOTE: 6-0-0
CONDITION(S):
1) This major exterior alteration approval shall expire on July 31, 2009.
Bill Gibson gave a presentation per the staff memorandum.
Graham Frank, VRDC, stated the intent was to move the ticketing facilities from the
temporary facility to the permanent location this summer and build the permanent restroom
building in the summer of 2009.
The Commissioners expressed their support for the extension of the major exterior alteration
for another year.
Commissioner Bill Pierce stated that he was disappointed that the permanent structure was
not going to be completed this summer. He added that if this structure were not completed
next summer the PEC would likely not be receptive to another extension of the major exterior
alteration.
20 Minutes
2. A request for a final review of variances from Sections 12-6H-6, Setbacks, and Section 12-
6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek
Drive/Lot 7, Vail Village 4t" Filing, and setting forth details in regard thereto. (PEC080025)
Applicant: Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects.
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Tjossem VOTE: 5-0-1 (Pierce recused)
Page 1
CONDITION(S):
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 replace the 4 aspen trees and 1 evergreen tree to be removed
with a minimum of 4 aspen trees, measuring a minimum of 2.5 inches in caliper,
and one evergreen tree, measuring a minimum of 6 feet in height, in the front yard
prior to Certificate of Occupancy issuance.
3) The Applicant shall be subject to the employee generation mitigation requirements
set forth in Section 12-24, Inclusionary Zoning, Vail Town Code fora 137.12 square
foot addition of GRFA in the High Density Multiple Family Zone District.
Bill Pierce recused as he had a conflict of interest.
Nicole Peterson gave a presentation per the staff memorandum.
The Commissioners expressed their support of the variance applications
15 Minutes
A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption
Plat Review Procedures, Vail Town Code, to allow for the combination of two lots into a
single lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail
Lionshead Filing 3, and setting forth details in regard thereto. (PEC080027)
Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC
Planner: Warren Campbell
ACTION: Approved
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
Warren Campbell gave a presentation per the staff memorandum.
Commissioner Peirce asked if there was conflict with construction and the recording of this
plat.
Warren Campbell responded that this plat request was in direct relation to the need to
abandon the shared property line to negate potential building code conflicts.
There was no public comment.
The Commissioners expressed their support of the exemption plat
25 Minutes
4. A request for final review of an amended major exterior alteration, pursuant to Section 12-
7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change in
the approved unit type mix in the Strata redevelopment, and 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 allow for the
development of a private parking lot, located at 701 and 705 West Lionshead Circle/Parts of
Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto.
(PEC080028 and PEC080030)
Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC
Planner: Warren Campbell
Page 2
Maior Exterior Alteration
ACTION: Approve with condition(s)
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
CONDITION(S):
For Design Review
1) That the Developer receives 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) That the Developer work with the Staff and Design Review Board to
satisfactorily address the items identified in Jeff Winston's letter date October 6,
2007.
Prior to Submitting for Building Permits
3) That the Developer submits a complete set of civil engineered drawings of the
Approved Development Plans including the required off site improvements, to
the Town of Vail Community Development Department for review and approval
of the drawings, prior to making application for the issuance of a building permit
for the Strata improvements.
4) That the Developer shall address all the comments and conditions identified in
the memorandum from the Town Engineer dated October 1, 2007, (Attachment
E) on the plans submitted in conjunction with building permits.
Prior to Requesting a Temporary Certificate of Occupancy
5) That the Developer prepares a Strata Art in Public Places Plan, for input and
comment by the Town of Vail Art in Public Places Board, prior to the request for
a temporary certificate of occupancy. Subject to the above input and comment
by the Art in Public Places Board, the Applicant will determine the type and
location of the art to be provided. Said Plan shall include the funding for a
minimum of $70,000.00 in public art improvements to be developed in
conjunction with the Strata project.
6) That the Developer provides the legally executed and duly recorded Type IV
deed restriction with the Eagle County Clerk & Recorder's Office for the on-site
employee housing unit, and that said unit shall be made available for
occupancy, prior to the issuance of a temporary certificate of occupancy for the
Strata project.
7) That the developer records the appropriate deed restrictions and provides them
to the Town of Vail Housing Coordinator for the off-site employee housing units
per the submitted Strata Vail Housing Plan dated revised May 12, 2008.
Furthermore, any excess square footage shall go into a "bank" for future
expansions or land use changes that occur within the Strata development.
8) That the Developer shall be assessed a transportation impact fee in the amount
of $6,500 per increased vehicle trip in the peak hour generated (42 trips), or
$273,000, created by the Strata project. The total fee of $273,000 shall be paid
in full by the Developer prior to the issuance of a temporary certificate of
occupancy or certificate of occupancy for the Strata project. At the sole
Page 3
discretion of the Town of Vail Public Works Director, said fee may be waived in
full, or part, based upon the completion of certain off-site improvements.
Conditional Use Permit
ACTION: Approve with condition(s)
MOTION: Kjesbo SECOND: Viele
CONDITION(S):
1) The applicant shall be permitted to reduce
proposed for inclusion in the private parkin
requesting an amended conditional use permit,
VOTE: 6-0-0
the number of parking spaces
g by no more than 10% without
Warren Campbell gave a presentation per the staff memorandum.
Allison Kent, Mauriello Planning Group, stated she was available for questions.
Commissioner Pierce asked for clarification of the housing banking request by the applicant.
Dominic Mauriello, Mauriello Planning Group, described the desire of the applicant to be able
to sell the remaining 250 plus square feet that they would exceed in their requirement to
another individual in the future whom might have a mitigation requirement.
Commissioner Pierce stressed concern about banking fractions of units for use by other
properties.
Dominic Mauriello commented that the fractions when added up in a "bank" would be
beneficial in the future.
Commissioners Kjesbo stated that the remaining fraction could be eliminated if the applicant
chooses the pay-in-lieu option for to make up for a small portion of the requirement and
therefore not be needed to be held in a "bank".
Warren Campbell explained that the pay-in-lieu option has been utilized exclusively to this
point when a project has been assessed for mitigation that is not a complete unit.
Commissioner Viele stated that the applicant's should have the ability to sell the remainder of
the provided deed restricted housing if they can find a market for it.
Commissioner Paladino stated that the cost incurred by the Town to administer a "bank" for
unused fractions of deed restricted housing units being sold to other projects was not
justified. She believed the fraction should remain in a "bank" for that specific property.
Nina Timm described that the Town recognizes the credit, however the Town is
recommending that the credit be directly applied to the subject property and not to another
property that may need credit.
Commissioner Veile commented that perhaps the credit would apply instead to offset other
development fees such as traffic impact fees, art in public places.
Commissioner Proper stated that the Town should not impose standards on the "bank"
credit. He posed the question; "Does the Town want apay-in-lieu" fee or 250 extra square
feet?"
Page 4
Commissioner Kjesbo made a motion to adopt the findings and conditions included in the
staff memorandum which stated that the excess deed restricted square footage would apply
to the "bank" frot he Strata development.
45 Minutes
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: Tabled to June 23, 2008
MOTION: Kjesbo SECOND: Tjossem VOTE:6-0-0
Bill Gibson gave a presentation per the staff memorandum.
Commissioner Peirce asked for clarification on the town's cost of reviewing conditional use
permit applications.
Commissioner Tjossem stated concern about allowing the elimination of dwelling units in the
Village as a permitted use, rather than continuing such a request as a conditional use. As
the Town moves forward, it may be more of a concern to lose units.
Commissioner Viele asked if this is reviewed by Town Council. Gibson answered yes, it
would need to go before Council as an ordinance.
Commissioner Kjesbo noted that the Staff reviews development applications as a group
during their weekly Planner's Staff meetings, so it will not be only one individual reviewing
conditional use permit applications.
Commissioner Pierce asked if Staff is proposing to lower the application fees for changes to
a conditional use permit. Gibson answered that Staff is not proposing any changes to
application fees.
5 Minutes
6. 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
Planner: Scot Hunn
ACTION: Table to June 23, 2008
MOTION: Tjossem SECOND: Proper VOTE: 6-0-0
Page 5
5 Minutes
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: Withdrawn
5 Minutes
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: Withdrawn
Approval of May 12, 2008 minutes
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-1 (Viele obstained)
Viele obstained as he was not present at the previous meeting
10. Information Update
Peirce asked if the PEC could have a construction parking plan to address the conflicts
between summer construction and events.
George Ruther, Director of Community Development, suggested that, Greg Hall, Public
Works Director, be invited into speak about the current practices in place and to address the
concern. Ruther agreed that it is a problem and requested that we come back to the PEC
with a discussion item.
11. Adjournment
MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0
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 June 6, 2008, in the Vail Daily.
Page 6
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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 June 23, 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 12-3-7,
Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10-
7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting
standards, and setting forth details in regard thereto. (PEC080032)
Applicant: Town of Vail
Planner: Bill Gibson
A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Exterior Alterations or Modifications; and requests for conditional use permits, pursuant
to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level;
Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4,
Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for
the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units,
employee housing units, conference facilities and meeting rooms on the basement level,
multi-family dwelling units on the first floor, and an eating and drinking establishment on
the second floor, located at 250 South Frontage Road West/Lot 2, Block 1, Vail
Lionshead Filing 2. (PEC080033)
Applicant: HCT Development, represented by TJ Brink
Planner: Rachel Friede
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 June 6, 2008, in the Vail Daily.
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