HomeMy WebLinkAbout2008-1027 PECPLANNING AND ENVIRONMENTAL COMMISSION
October 27, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Training: 12:00 PM
Ever Vail Roles & Responsibilities
Site Visits:
1. Mahoney Residence, 433 Gore Creek Drive
20 M i n utes
1. A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of a staircase
within the setback, located at 433 Gore Creek Drive (Vail Trails East Townhomes)/Lot 15, Block
4, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080056)
Applicant: Mark & Noelle Mahoney, represented by Steven James Riden, Architect
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 M i n utes
2. A request for a final review of an amendment to an existing conditional use permit, pursuant to
section 12-16-10, Amendment Procedures, Vail Town Code, to amend the condition limiting the
number of private ski club members, located at 675 Lionshead Place (Arrabelle at Vail Square)/
Lots 1& 2, Lionshead Filing 6, and setting forth details in regard thereto (PEC080052).
Applicant: Arrabelle at Vail Square, LLC
Planner: George Ruther/Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
20 Minutes
3. A request for a final recommendation to the Vail Town Council, for a proposed change to the
official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning
Commercial Core 3 to General Use District, located at 2399 North Frontage Road/Parcel A, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
Page 1
20 M i n utes
4. A request for a final recommendation to the Vail Town Council, for a proposed change to the
official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning
Two-Family Primary/Secondary District to Housing District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in
regard thereto. (PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
5 Minutes
5. A request for final recommendations to the Vail Town Council, for the proposed adoption of the
Chamonix Master Plan, to facilitate the development of Employee Housing and a Fire Station on
the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation to the Vail Town
Council to amend the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail
Land Use Plan to designate the Chamonix Master Plan area, located at 2399 North Frontage
Road and 2310 Chamonix Road/Parcels A& B, re-subdivision of Tract D, Vail Das Schone Filing
1, and setting forth details in regard thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION: Table to December 8, 2008
MOTION: SECOND: VOTE:
5 Minutes
6. A request for a work session for 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
ACTION: Table to December 8, 2008
MOTION: SECOND: VOTE:
7. Approval of October 13, 2008 minutes
MOTION: SECOND: VOTE:
8. Information Update
Epic Pass Update — Wendy Kaemmerlen
Town Council Joint Work Session - Tuesday, December 2, 6:00 PM
9. 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
Page 2
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 October 24, 2008, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 27, 2008
SUBJECT: A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
construction of an enclosed staircase within the setback, located at 433 Gore
Creek Drive (Vail Trails East Townhomes)/Lot 15, Block 4, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC080056)
Applicant: Mark & Noelle Mahoney, represented by Steve Riden Architect
Planner: Bill Gibson
I. SUMMARY
The Applicant, Mark & Noelle Mahoney, represented by Steve Riden Architect, is
requesting a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of an
enclosed staircase within the setback, located at 433 Gore Creek Drive (Vail Trails East
Townhomes)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details in regard
thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends denial of the variance application, subject to the findings noted in Section
IX of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Mark & Noelle Mahoney, represented by Steve Riden Architect, is
requesting a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of a
staircase within the setback, located at 433 Gore Creek Drive (Vail Trails East
Townhomes)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details in regard
thereto.
The Applicant is proposing to combine two existing non-conforming dwellings unit at Vail
Trails into one unit. The Applicant is proposing to remove two existing interior stairs
connecting the main and upper levels of the subject property and then construct a new
140 sq.ft, two-story enclosed stairway addition on the east side of the unit. The
proposed addition is located outside the existing building footprint and entirely within the
20 foot side setback area. The exterior walls of the addition will encroach 17 feet into
the required setback and the associated roof and deck additions will extend to the
property boundary.
A vicinity map (Attachment A), the Applicant's request (Attachment B), and proposed
architectural plans (Attachment C) are attached for reference.
III. BACKGROUND
The Vail Trails East site was originally subdivided under Eagle County jurisdiction in
1964. The existing building was subsequently constructed under Eagle County
jurisdiction in 1965. The subject site was annexed as part of the original Town of Vail
August of 1966. Only minor renovations have occurred to the structure since its original
construction.
In 2007, the Planning and Environmental Commission granted a rear setback variance at
Vail Trails East to allow for the installation of bay windows on the north side of the
building.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-16, Conditional Use Permits, Vail Town Code.
Desiqn Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible forthe final approval, approval
with modifications, or denial of any accompanying design review application.
Town Council:
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 PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6H: High Density Multiple-Family District (in part)
12-6H-1: PURPOSE:
The high density multiple-family district is intended to provide sites for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units per
acre, together with such public and semipublic facilities and lodges, private
2
recreation facilities and related visitor oriented uses as may appropriately be
located in the same zone district. The high density multiple-family district is
intended to ensure adequate light, air, open space, and other amenities
commensurate with high density apartment, condominium and lodge uses, and to
maintain the desirable residential and resort qualities of the zone district by
establishing appropriate site development standards. Certain nonresidential uses
are permitted as conditional uses, which relate to the nature of Vail as a winter
and summer recreation and vacation community and, where permitted, are
intended to blend harmoniously with the residential character of the zone district.
12-6H-6: SETBACKS:
The minimum front setback shall be twenty feet (20'), the minimum side setback
shall be twenty feet (20'), and the minimum rear setback shall be twenty feet
(20�)�
Chapter 12-17: Variances (in part)
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.
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:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same 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 12-24: Inclusionary Zoning (in part)
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 reasonab/e amount of
employee housing to mitigate the impact on employee housing caused by
such residential development and redevelopment.
8. This chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided
in section 12-24-5 of this chapter:
1. High density multiple-family (HDMF);
2. Public accommodation (PA);
3. Public accommodation 2 (PA-2);
4. Commercial core 1 (CG1);
5. Commercial core 2 (CG2);
6. Commercial core 3 (CC-3);
7. Commercial service center (CSC);
8. Arterial business (ABD);
9. General use (GU);
10. Heavy service (HS);
11. Lionshead mixed use 1(LMU-1);
12. Lionshead mixed use 2(LMU-2);
13. Ski base/recreation (SBR);
14. Ski base/recreation 2 (SBR2);
15. Parking district (P); and
16. Special development (SDD).
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.
4
�IA
12-24-2: EMPLOYEE HOUSING REQUIREMENTS:
Every residential development and redevelopment shall be required to mitigate
its direct and secondary impacts on the town by providing employee housing at a
mitigation rate of ten percent (10%) of the total new GRFA. For example, for a
development proposing five thousand five hundred (5, 500) square feet of new
GRFA, the calculation would be as follows:
5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of
employee housing to be provided
SITE ANALYSIS
Address: 433 Gore Creek Drive
Legal Description: Lots 7-15, Block 4, Vail Village Filing 1
Zoning: High Density Multiple Family District
Land Use Plan Designation: Vail Village Master Plan
Current Land Use: Multiple Family Residential
Lot Size: 19,933 sq. ft. (0.4676 acres)
Standard
Setbacks (min):
North:
West Side:
East Side:
South:
GRFA (max):
Site coverage (max.)
Allowed/Required
20 ft.
20 ft.
20 ft.
20 ft.
250 sq. ft.
10,963 sq. ft. (55%)
VII. SURROUNDING LAND USES AND ZONING
Existinq Use
North: Gore Creek stream tract
South: Residential
East: Residential
West: Residential
VIII. REVIEW CRITERIA
Existin
7 ft.
4 ft.
9 ft.
5 ft.
N/A
9,266 sq.ft. (46%)
Proposed
no change
no change
3 ft.
no change
140 sq.ft.
9,297 sq.ft. (47%)
Zoninq District
Outdoor Recreation
High Density Multiple-Family District
High Density Multiple-Family District
High Density Multiple-Family District
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes the Applicant is proposing to upgrade an existing non-conforming dwelling
in a manner that is in keeping with the general character and architectural style of the
neighborhood. However, Staff believes this proposed addition will create unnecessary
additional bulk and mass in the east side setback area.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
Within the existing subject units (to be combined into one unit) at Vail Trails East, there
exists two interior stairways connecting the main levels and upper levels of the units.
Given that two stairways currently exist, Staff does not believe a setback variance is
warranted to facilitate the removal of these two existing interior stairs and there
replacement with a single enclosed stair outside the existing building envelope and
further into the setback area. Staff believes this proposal exceeds the degree of relief
from the setback regulations necessary to achieve compatibility and uniformity of
treatment.
Additionally, since the proposed addition extends beyond the footprint of the existing
building and does not further any public policies (such as the construction of a garage),
Staff believes this proposal will constitute a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff does not believe this proposal will have a significant impact on the public health,
safety or welfare, public facilities, or utilities in comparison to existing conditions of the
site. However, this proposed addition will further reduce the light and air between the
already non-conforming Vail Trails East building and the property boundary.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
IV. STAFF RECOMMENDATION
The Community Development Department recommends denial of a final review of a
variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for construction of an enclosed staircase within the
setback, located at 433 Gore Creek Drive (Vail Trails East Townhomes)/Lot 15, Block 4,
Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is
based upon the review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission denies the Applicants' request for
a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for construction of an
enclosed staircase within the setback, located at 433 Gore Creek Drive (Vail
Trails East Townhomes)/Lot 15, Block 4, Vail Village Filing 1, and setting forth
details in regard thereto. "
6
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's August 25, 2008,
memorandum to the Planning and Environmental Commission and the evidence
and testimony presented, the Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Residential
Cluster District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. This variance is not warranted for the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would not 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 not deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district. "
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Architectural Plans
7
Attachment A
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Attachment B
�jteven ,�ames jZiden A•�•A• Arc{�itect P•C•
P.O. �ox 3z3a
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970-94 9-0304 �ax
steveC.�nden l .com
�,/ i 4/OS
Town o� Uai�
P�annin� and �,nvironmenta� Commission
�/ail, CQ 81657
Re: Vai� Trai�s �ast, (�nits i 5/ 1 6
Dear Commissioners,
---�----,-�.,,,._....._,.,._,,,_,
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�r. and Mrs. Mahoney are sce�Cin�r a variance �rom t�e strict and litera� interPretation
o�ti�e setbac�C regulation �ort�e insta��ation of a staircase �eran ai�awab�e 250
GR�A aciciition. The existin� comP�ex is a�e�al existin� non-con�ormin�e use anc] the
5etbac�CS wiJJ Prohibit any addition without a variance.
�t is Proposeci to bui�cl an enclosecl stair between the main and toP �eve�s o� units 15
and 16 0� whici� the Ma�oney's are t�►e owners. �t is also �roPoseci ti�at t{�e existin�
stora�e units (site coverage) i�e removeci and that the stair wi�� not extend any �reater
distance than ti�e storage units have to date.
At the time of construction an aPProveci deck exPansion wi�� be insta��ed wit� a
c�ange that recluces the overa�� encroac�ment towards the east by removin� a section
o� the dec{c area that woulci have 6cen in �ront of tl�e Praposed stair.
f-�s the entire bui�cl+ng remains within t�e setbac�CS t{�ere is no Practical way to crcate
any a�terations or adciitions wit� out a setbac�C variance.
T�e �roposed stair is to reP�ace existin� staircase(s) that do not met curreni bui�ciin�
codc re9uirements for rise and run and minimum width c�earances, and to rep�ace thc
cxistin .�Q. stair at or near the existin� �ocation wou�d create extensive and impractica�
structura� conciitions directly e{�ectin� currently occuQied adjacent units.
Than�C You for your consideration in this matter be�ore you.
"� -- -
Steven James }Zic�en A�1.A� Architect P•C-
-- Attachment C
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� F,AGLE COUNTY, COLORAUO
MEMORANDUM
TO: Planning & Environmental Commission
FROM: Community Development Department
DATE: October 27, 2008
SUBJECT: A request for a final review of an amendment to an existing conditional use
permit, pursuant to section 12-16-10, Amendment Procedures, Vail Town Code,
to amend the condition limiting the number of private ski club members, located
at 675 Lionshead Place (Arrabelle at Vail Square)/ Lots 1& 2, Lionshead Filing 6,
and setting forth details in regard thereto (PEC080052).
Applicant: Arrabelle at Vail Square, LLC
Planner: George Ruther
SUMMARY
The Applicant, Arrabelle at Vail Square, LLC, represented by Mauriello Planning Group,
is requesting a final review of an amendment to an existing conditional use permit,
pursuant to section 12-16-10, Amendment Procedures, Vail Town Code, to amend the
condition limiting the number of private ski club members, located at 675 Lionshead
Place (Arrabelle at Vail Square)/ Lots 1& 2, Lionshead Filing 6, and setting forth details
in regard thereto.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with condition(s), of this request subject to the findings and
condition noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The Applicant, Arrabelle at Vail Square, LLC, represented by Mauriello Planning Group,
is requesting a final review of an amendment to an existing conditional use permit,
pursuant to section 12-16-10, Amendment Procedures, Vail Town Code, to amend the
condition limiting the number of private ski club members, located at 675 Lionshead
Place (Arrabelle at Vail Square)/ Lots 1& 2, Lionshead Filing 6.
The Applicant is proposing to amend the existing conditional use permit approval to
maximize the utilization of 100 private skier club member parking spaces located with
the Arrabelle at Vail Square Hotel. The amendment requested is to increase the total
allowable private skier club members to up to 300 club members (+200). This allows for
a 3:1 ratio of the use of the 100 available parking spaces, thereby maximizing the
utilization of the private parking spaces.
A copy of the Applicant's request (Attachment A) is attached for reference.
III. BACKGROUND
On September 27, 2004, the Town of Vail Planning & Environmental Commission
approved the Conditional Use Permit for the Private Skier Club/Private Parking Structure
located at the Arrabelle at Vail Square. The approval limited the number of private skier
club members to 100 full memberships and 16 partial memberships, for 100 parking
spaces (surplus parking after requirements have been met).
The private skier club memberships allow members access to amenities such as
concierge services, ski valet services, access to the fitness room, changing rooms, ski
storage and lockers, along with social activities and planned events. In addition to these
amenities, the private members of the skier club have access to valet parking at the
Arrabelle. At the time of the original approval of the private skier club / private parking
structure, the number of full memberships to the club was limited to 100 memberships,
based on the number of excess parking spaces. The approval included an additional 16
partial memberships which do not have access to parking.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
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
hea/th, safety, mora/s, 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 natura/ environment and its established character as a
resort and residential community of high quality.
B. 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, f/ood, ava/anche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to /essen 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, workab/e re/ationship among
land uses, consistent with Municipa/ deve/opment 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
desirab/e natura/ 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 viab/e
community.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) DISTRICT (in part)
2
Section 12-7H-1: Purpose:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hote/s, fractiona/ fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1
District, in accordance with the Lionshead Redeve/opment Master P/an, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site deve/opment
standards. This District is meant to encourage and provide incentives for
redeve/opment in accordance with the Lionshead Redeve/opment Master Plan.
This Zone District was specifically deve/oped to provide incentives for properties
to redeve/op. The ultimate goa/ of these incentives is to create an economically
vibrant /odging, housing, and commercial core area. The incentives in this Zone
District include increases in allowab/e gross residentia/ f/oor area, building height,
and density over the previously established zoning in the Lionshead
Redeve/opment Master P/an study area. The primary goa/ of the incentives is to
create economic conditions favorab/e to inducing private redeve/opment
consistent with the Lionshead Redeve/opment Master P/an. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redeve/opment projects. With any deve/opment/redeve/opment proposa/ taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redeve/opment, public art, roadway improvements, and similar improvements.
V. ZONING ANALYSIS
Zoning: Lionshead Mixed Use 1 District
Land Use Plan Designation: Lionshead Redevelopment Master Plan Area
Current Land Use: Lodge and Mixed-use Development
Development Standard Existinq Required Proposed Required Net Chanqe
Parking 302 spaces 302 spaces 0 spaces
Note: no other development standards are affected by this proposal.
VI. SURROUNDING LAND USES AND ZONING
Land Uses Zoninq
North: Multiple-Family Lionshead Mixed Use 1 District
South: Gore Creek Stream Tract Natural Area Preservation District
East: Multiple-Family Lionshead Mixed Use 1 District
West: Multiple-Family Lionshead Mixed Use 1 District
VII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA
Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for an
amendment to a conditional use permit. According to Section 12-16-6, Vail Town Code,
an amendment to an existing conditional use permit shall be reviewed for compliance
with the following criteria:
3
1. Relationship and impact of the use on the development objectives of the town:
Staff Response:
According to the Applicant, the proposed amended use remains part of the overall
development plan for the Core Site. Upon review of the Lionshead Redevelopment
Master Plan, the proposed amended use is consistent with those uses and activities
anticipated by the Plan.
The private member skier club is intended to provide meeting areas, locker rooms,
ski storage, restrooms, and other skier-related amenities for members in a below
ground area of the Arrabelle. In addition to these skier-related amenities, members
will have access to 100 reserved valet parking spaces at a 3:1 ratio. The maximum
number of club members shall be limited to up to 300 members. This amendment is
intended to more fully utilize the 100 available on-site private parking spaces.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs
Staff Response:
The proposed use will have little, if any, negative impact on the above-described
criteria. The proposed use is allowed within the zone district and by its very nature,
(ie, expanded skier services) is not likely to significantly effect the distribution of
population, negatively impact schools, utilities, parks, etc, or put a strain on existing
public facilities. Instead, this use will likely have a positive effect on the town's
transportation facilities by better utilizing available private parking spaces.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and maneuverability, and
removal of snow from the street and parking areas.
Staff Response:
Staff believes that this proposal will have a positive effect upon the above-referenced
criteria. The previous traffic study prepared for the Arrabelle at Vail Square project
assumed full utilization of the private parking spaces located with the building.
Therefore, staff does not anticipate any negative impacts associated with this
request on the above-reference criteria.
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.
Staff Response:
The proposed use and accompanying structure is already constructed on the site in
conformance with the development standards and design guidelines established for
the Lionshead Mixed Use 1 zone district. That said, a considerable amount of time
was spent ensuring that the development as a whole will have a positive overall
effect upon the character of the area. As this is an amendment proposing a greater
utilization of an existing underground parking facility, staff believes this use will have
little, if any, negative impacts on the surrounding existing uses.
0
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with condition(s), a request for a final review of
an amendment to an existing conditional use permit, pursuant to section 12-16-10,
Amendment Procedures, Vail Town Code, to amend the condition limiting the number of
private ski club memberships, located at 675 Lionshead Place (Arrabelle at Vail Square)/
Lots 1& 2, Lionshead Filing 6. Staff's recommendation is based upon the review of the
conditional use permit review criteria outlined in Section VII of this memorandum and the
evidence and testimony presented at the public hearing.
Should the Planning and Environmental Commission choose to approve the application
as recommended by staff, the Commission must make the following findings before
granting an approval of the conditional use permit:
"1. That the proposed /ocation of the use is in accordance with the purposes of
the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone
district.
2. That the proposed /ocation of the use and the conditions under which it would
be operated or maintained will not be detrimenta/ to the public hea/th, safety, or
we/fare, or materially injurious to properties or improvements in the vicinity.
3. That the proposed use complies with each of the applicable provisions of the
Zoning Regulations. "
Should the Planning & Environmental Commission choose to approve the application as
recommended, staff recommends that the following condition be placed on the approval:
1) That the maximum number of Private Skier Club members shall not exceed, 300 full
members and the maximum number of private parking spaces dedicated to the full
members use shall not exceed 100 spaces. A full member shall be defined as a ski
club member entitled to full parking, spa, and members club services.
IX. ATTACHMENTS
A. Applicant's Request
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�� Mauriello Planning Group
Introductian
On September 27, 2Q04, the Town of Vail Planning Commission approved the Conditional lJse Permit for
the Private Skier ClubjPrivate Parking Structure lacated at the Arrabelle at Vail Square. The approval limited
the number of private skier club members to 100 full memberships and 1 b partial memberships, for 100
parking spaces (s�rplus parking after requirements have been met). At this time, Vail Resorfs Development
Company would like to amend the approved conditional use permit to maximize the utilization of the parking
structure. The amendment req�ested is to allow for up to 300 cl�b memberships to be issued. This allows far
a 3:1 use of the 100 available parking spaces, thereby maximizing the utilization of the private parking
spaces and red�cing impacts on public parking. The amendment has no impact on the number of parking
spaces within Arrabelle and daes not impact the current utilizatian of the remaining 202 parking spaces.
Overview of fhe Private Skier Club f Private Parking Structure
Based on the parking requirements for the Arrabelle, there are lOQ parking spaces in excess of the
requirements of the Vail Town Code. These 100 parking spaces have been alloited for users of the private
skier club. The skier club memberships allow rnembers access to amenities such as concierge services, ski
valet services, access to the fitness room, changing rooms, ski storage and lockers, along with social activities
and planned events. In addition to these amenities, the members af the skier club have access to valet
parking at the Arrabelle. At the time of the original approval of the private skier club / private parking
structure, the nurnber of full memberships to the club was limited to 100 memberships, based on the number
of excess parking spaces. The approval included an additional 16 partial memberships which do not have
access to parking. As public parking has become a greater issue in the Town of Vail, both the Town and
Vail Resorts have been exploring avenues to increase the usage af private parking, in arder to alleviate the
demand an public parking facilities. There is nothing more frustrating to both entities than the underutilizatian
of private parking spaces. Therefore, Vail Resorts has studied the apportunities available to rnaximize the use
of the �se private parking spaces within their projects. The study indicates that
providing private parking spaces at a 1:l ratio greatly lirnits the contin�ous -
utilization of parking spaces, and that instead, providing parking spaces at a
3:1 ratio ensures that the private parking will be fully utilized.
Other projects, both within Vail and in surrounding communities are operated
similarly. In Vail, the ski club at the Front Door praject was also parked at a
3:1 ratio. At the Frant Door, 95 parking spaces are available ta 285 club
rnembers. The Town supported the 3:1 ratio for this praject, recagnizing that
this allaws for greater utilization of the private parking spaces. The Alpine
Club in Arrowhead, the Beaver Creek Cl�b, and the Bachelor Gulch Club at
the Ritz-Carlton in Bachelor Gulch, are also sold at a 3:1 ratio, and aperafied
in a similar manner.
Parking Analysis
This application for a revised conditional use permit daes not impact the parking calc�lations for the uses that
exist on-site, and does not increase the parking requirement for the Arrabelle. Floor plans of the parking
areas showing haw the parking structures are parked have been provided wifih this submit�al and an analysis
of the Arrabelle parking requiremenfis is provided below:
Arrabelle Parking Analysis
Unchan ed from 2004 A roval
Parking Required Parking Required Parking Shown an
Use Net Parking before Mixed Use with 5% Credit Plan
Units%S.F. Ratio Credit Reduction (due to rounding)
Condominiums �0 1.4 9$ 43.1 94
���,'
Notel Rooms 36 0.7 25.2 23.44 ��=
Notel Meetin Rooms 5,575 0.003 16.89 1 b.05 ����'
F� ��
s-
Notel Restaurant/Bar/S a 3,720 O.Q04 14.88 14.14 ��y � �°` �
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Notel Uses Tata) 5b.97 54. ] 3 ryi � 54y
� v tc �-
.,;�ii���' ����`
Retail 33,788 0.0023 77.�124 73.83 ��` `' ��
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Parkin Paid in-Lieu* -31-�� � � ������ ����.�
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,
Retai) (nefi-onsite re .) 42.22 43
Skier ServicesjSchool 3,306 0.0023 7.6038 7.22 ���� �� ���
450 0.0027 1.215 1 .15 ` �� - �� �� '
Sk� Club �` � '� ' `'� � �` �
�=s�'t ��� _�`,,�`� ,� ,
Skier Services Total 8•82 8•38 i3
Total On-site Parkin Re . 198 199
Tota) Parking Provided 302 302
On-Site
Membershi Club Parkin 100 l OQ
�see attached letter
Conditional llse Permit — Review Criteria
�1. Relatronship and rmpact of the use on development objectives of the town.
Our Analysis: Parking is one of the highest priorities of both the Town of Vail and Vai) Resorts. As the
public parking structures have been filling up throughout the season, and parking has spilled onto the
Frontage Road, a frustration of public officials has been the underutilization of prrvate parking spaces
within the Town. The Tawn even recently amended the Vail Village Master Plan to add a key action
step into the plan:
Review Chapter T 0, Off-Street Pa�king and loadrnq, Tit/e 12, Zonrng Regvlafions, to identify additional
opportunitres Po {urther enhance the maximum utilization of private parking spaces wrthrn the maste�
plar� sfudy area.
While this parficular action step is identified for Vail Village, it is applicable in all areas af Town,
especially lionshead. Allowing the private skier cl+sb to utilize parking at a 3: i ratio guarantees that
the use of these private parking spaces will be maximized. This, in turn, reduces the demand on the
public parking facilities, which is an objective of both the Town and Vail Resorfs.
8. The ef{ect of the use on r"ight and arr, drstrrb�tron a{popu/atian, transportation fad/rties, utilitres, schools,
parks ar�d recreation {acifrtres, and other pUblic facrlities needs.
Our Analysis:
The proposed uses will have little, if any, negative impact on the above-described criteria. The
private skier club j private parking club are not (ikely to significantly effect the distribution of
population, negatively impact schools, utilities, parks, etc, or put a strain on existing public facilities.
Greater utliziation of private parking spaces will pasitively impact public parking facilities. The
members of the skier club are visitors to the mountain that, prior to the ski club, would have parked at
ane of the public parking structures. Now, they are visitors to the mountain fhat will park at Arrabelle,
alleviating their demand for public parking.
C. Ef{ect upon tra{frc wrth particular re{erence to congestrorr, autorr�otrve and ,nec�estrran safety and
con�enrence, traffic f/aw and contro% access, maneuverabrlify, and remova/ of snow frorn the streef
and pa�king a�eas.
There are no impacts to the above-referenced criteria. The previous traffic study assumed full
utilization of the private parking within the Arrabelle parking structure. The traffic impacts of Arrabelle
were reviewed with previous applications for the development af the site.
[,�. E{{ect upon the character of the area rn which ihe proposed use is to be located, including the scale
and butk of the proposed use rn relation to surroundrng uses.
Our Analysis:
The proposed parking structure is located within a completely subterranean structure. The
subterranean nature of the parking structure has no negative impacts on neighboring uses.
Acijacent �ist
ARRABELLE AT VAIL SQ�JARE RESIDENTIA� CONDOMINIUM VAIL , CO 8� 658
ASSOCIATION, INC.
POST OFFICE BOX 959 IAZIER ZIOI�JSHEAD L�C
AVC>N, CO 81620, 38b HANSON RANCN RD
VAIL, CO 81658
ANT�ERS CONDOMINIUM ASSOCIATION, INC.
ROBERT tEVINE
b8Q W 11C��1SNEAD PIACE
VRIL, CO 81 b.57
LION SQUARE NORTH CONDOMINIUM ASSOCIATION,
INC.
BILL ANDERSON
660 WEST tIC�NSNEAD PLACE
VAI�, CO 81657
MONTANEROS CONDOMINIUM AS50CIATION, INC.
KEITH ODZA
641 W �IONSHEAD CIR
VAIL, CQ 81657
VAI� CORP
CJO VAIL RESORTS DEV CO
PO BOX 959
AVON, CO 81620
TOWN OF VAI�
75 S FRONTAGE RD W
VAII, CO 81 b57
I.ANDMARK-VAIL CONDOMiNIUM ASSOCIATION, I�1C.
GEOFFREY WRIGNT CJO DESTINATION RESORTS
b10 W �IONSNEAD CR
VAIL, CC� 81657
FIRST WESTWIND AT VAIL CONDOMINIUMS
ASSOCIATIC�N, INC.
CJO VAII MANAGEMENT COMPANY
PD BOX 613�
AVON, CO 81620
TNE tIFT HO�SE CONDOMINIIJM ASSOCIATION, INC.
DOUGLAS WALKER
555 E IIONSNEAO CIR
VAI�, CO 81657
LIONSHEAD ARCADE BUILDING CONDOMINIUM
ASSOCIATION, lNC.
KIT C. WILLIAMS
2925 BOOTN CREEK DRIVE
VAII, CO 81 b57
LIONSHEAD ARCADE BUILDING CONDOMINIUM
ASSUCIATION, INC.
P O BOX 3b22
VAI� �IC}NSNEAD CENTRE CC�NDOMINIUM
ASSOCIATION
DAVID A. ZIPPIE, CPA
5808 S DANUBE ST
A�RORA, CO 80015
VAIL LIONSNERD CENTRE CONDOMIIJIUM
RSSOCIRTION
P O. BOX 4b2�
AVON, CO 81620
CNAIN, JQSE LUIS & CARMEN F.
520 E LIONSHEAD CIR 208
VAI�, CC? 81 b57
LION SQUARE CONDOMINIIJM ASSOCIRTION, INC.
WILLIAM ANDERSQN
6b0 W. LIONSHEAD PIACE
VAIL, CO 81657
LIflN SQUARE LODGE AND CONfERENCE CENTER, INC.
WI��IAM R. ANDERSON
6b0 W LIONSNEAD P�
VAI�, CO 81657
�ION SQUARE NORTN CONDOMINI�M ASSOCIATION,
INC.
BI�L ANDERSON
b60 WEST LIONSNEAD PIACE
VAIL, CO 8 i 657
LIONS SQl1ARE CONDOMINIUM PARTNERSNIP, lLC II
PATRICK A. GORM�EY
2433 NORTN 1 ST STREET
GRAND�UNCTION, CO 81501
CONCERT HA�� PIAZA CONDOMINIUM ASSOCIATION
�ENNIFER L IUFMAN
1700 LINCOW STREET, SUITE 240Q
DENVER, CO 80203
NIJGNES lAf�1D HO�DING TRUST
28 ANACAPA ST STE D
SANTA BARBARA, CA 93101
� ObVN OF Y�ZL
FAX q7C1,�7.9�2452
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sc3hinittcc� for. thc la��cw }�i�t�. t F�c tcc wa�; ailc�r.c•cci t� hc ���i�i rathct' tht�r� �kyrk��l� �rt�vitJcci on-sitc
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(?1tE Uc�r�dc.�la �!li�c�i:��. 1'�;is fcc is bas�yd t3�c f�r�a! i��if�ir�� pc�-���it pl�ns for thc rc.►mc�cicl c�Ftliiti
���.tcG t2� Li�c (Jlt! C.�c�ntivl�� �ttildin�*. T��c fc�. "p�sys" tt�,- 31.61 parl:ir�g s�;accti. Z�I�c U1cS �;c�nt�c;�t�
I3ui�c�in� f��i� a cr��iit of' F� s�accs� `I��lc �x-t,pc�s�.t� l�rc�v ��uY� j�cc�uyt-�s 3t).t��! parkin� s}��ttccs tvt:.l.
��'}�c; iz�tct�ic�r p�i�tic�i7 vi'ti7c rc5t�urdnt. �ascc� ��n t��� fc�c E,�tici, has �ii� occt�pa�cy lin�it r�t 30C�
per:;��ns �r setlt�n� ���.te�s.
`l�llarz!�s vc�u ft�ryoLir pt�ti�tZCC thrt�ugh thc approva� a�it! perntittin� prc�cesses.
i+�vt�t� havc :�ny q�cst:c�n5, call n�c at �7�-31-��.
SinccrciY,
r
r�
UominiG F. I�1aur�cllt�, A�C�'
T��;ut� Planr�cr
4'��c 1 t�f` �
" � � RECYCLE:11 PAPf:R
`
� �.., '{
�� � � � �
Deparunenr a�Community L7evelopntent
75 Sauth Frontr�ge Roc2d
Yail, �Colorado 8165�
9��-479-213&
��iX 47Q-479-245�
TM
5
t-
�eptcrnbcr t 9, i 9�}7
Davzd �, Thor�c:
Vai� Assaciatcs, I�csi�r� antl Constnlctian
P.(3. E3c►x 95�
Avos�, CO � �C>2l�-(1959
I�E: Third Rc�ision to Par�:ing Pay--In�Lic� C.iic�i�ation
.DGai 11�ir. Tllt?C`pc;
Sascd on thc reviscd Flocsr plan for thc rctai] arca antl 17�c pr�poscti c�fEicc f��xe�i to Iz�c c���
Scptcmb�r l5, 1497, w� hav� rcvisctl thc parkin�; fcc calcul�ttit�n fQr thc Kaltcnbcrg C�stic
Bava�ria� i3r�w Pub. �-�cncc, thc fcc rcc�uirccl is ?�53�4,3Gfi.63. `I'��is fec must bc �aid �t thc timc
you t-cccivc yc�ur bui�dir�� per►nit. This fcc is l��.s�d on. thc ft���t�win� calculatic�ns:
Diain�, Arca: 4,{i(}2 sy. TEJ I S s�. �t. �cr ps�rsonlf� �arkin� 5�,u:c5 per �crsc�n - 3�i.35 �tarkin� s�aces
Retail �1rc;a: 134 u�. f1.13{}C1 ticl. [�. �er �a� kin�; ::pace = 0,447 �ark�n� s�racc4
C�f�cc l�rca' Zf�4 sq. ft.(2S� sq. f�. per �arkin� sriacc = f}.� l f� �ai•3cin� spaccs
Ciross �l�uta{ = 39.�i! �arking s}�zces
Parking SPace Crcctit ti7rGondola t3uilding = 5 parking sp�ccs
h`et Kequired i'arlcing Spaces = 3�.f r parkl���; spaccs
1'ar�Cin� s��ec t'ee �er space ar t'raeti�n thcres�f $�(,�t��+.[��
Pa�e 1 of 2
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 27, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, for a proposed
change to the official zoning map, pursuant to section 12-5-3, changes, Vail
Town Code, to allow for a rezoning Commercial Core 3 to General Use
District, located at 2399 North Frontage Road/Parcel A, re-subdivision of Tract
D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080059)
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
SUMMARY
The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator,
request final review to rezone Parcel A, re-subdivision of Tract D, Vail Das Schone
Filing 1 from Commercial Core 3(CC3) District to General Use (GU) District, located
at 2399 North Frontage Road. The property is commonly known as the "Wendy's
Property."
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval on the request to rezone the Wendy's Property from
CC3 to GU District subject to the findings and criteria outlined in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator,
request final review to rezone Parcel A, re-subdivision of Tract D, Vail Das Schone
Filing 1 from Commercial Core 3(CC3) to General Use (GU) District, located at 2399
North Frontage Road. The site is commonly known as the Wendy's Property. This
purpose of this rezoning is to facilitate the future construction of a new fire station and
associated other uses (e.g., resident quarters, etc.).
III. BACKGROUND
The Town of Vail purchased the 1.25 acre Wendy's Property for the purpose of
constructing a new West Vail Fire Station. The acquisition of this property allows the
fire station to be relocated from the Chamonix Property to a better location, from an
emergency services perspective and creates greater flexibility in providing deed
restricted employee housing on the Chamonix Property. This proposed use of the
Wendy's Property was endorsed by the Chamonix Site Plan Advisory Committee as
well as the Vail Town Council at their August 5, 2008, Public Meeting.
Currently Town Staff are in the process of further refining the space and programming
needs of the West Vail Fire Station based on anticipated future needs and in relation
to the existing fire stations. Additional cost validation may be required following this
final programming review.
IV. ROLES OF REVIEWING BOARDS
Rezoninq/Zone District Boundarv Amendment
Planninq and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Desiqn Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The
staff advises the applicant as to compliance with the Zoning Regulations. 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:
The Town Council is responsible for final approval/denial of a zoning/rezoning. The
Town Council shall review and approve the proposal based on the compatibility of the
proposed zoning with surrounding uses, consistency with the Vail Comprehensive
Plans, and impact on the general welfare of the community.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoninq Requlations (Title 12, Vail Town Code)
12-9C: General Use District (in part)
12-9C-1: Purpose:
The general use district is intended to provide sites for public and quasi-public uses
which, because of their specia/ characteristics, cannot be appropriately regulated by
the deve/opment standards prescribed for other zoning districts, and for which
deve/opment standards especially prescribed for each particular deve/opment
proposa/ or project are necessary to achieve the purposes prescribed in section 12-1-
2 of this tit/e and to provide for the public we/fare. The general use district is intended
to ensure that public buildings and grounds and certain types of quasi-public uses
permitted in the district are appropriately located and designed to meet the needs of
residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of
buildings and other structures, to ensure adequate light, air, open spaces, and other
amenities appropriate to the permitted types of uses.
12-9C-2: Permitted Uses:
The following uses shall be permitted in the GU district:
Bicyc/e and pedestrian paths.
Passive outdoor recreation areas, and open space.
12-9C-3: Conditiona/ Uses:
A. Generally: The following conditional uses shall be permitted in the GU district, subject
to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this tit/e:
Child daycare centers.
Equestrian trails.
Go/f courses.
Hea/thcare facilities.
Helipad for emergency and/or community use.
Major arcades.
P/ant and tree nurseries, and associated structures, excluding the sa/e of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schoo/s.
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service re/ated facilities.
Public transportation termina/s.
Public unstructured parking.
Public utilities installations including transmission lines and appurtenant equipment.
Religious institutions.
Seasona/ structures or uses to accommodate educational, recreationa/ or cultural
activities.
�
Ski lifts, tows and runs.
Type lll emp/oyee housing units (EHU) as provided in chapter 13 of this tit/e.
Water and sewage treatment plants.
B. Proximity To Parking Required: The following conditional uses shall be permitted in
accordance with the issuance of a conditional use permit, provided such use is
accessory to a parking structure:
Offices.
Restaurants.
Ski and bike storage facilities.
Sundries shops.
Tourist/guest service re/ated facilities.
Transit/shutt/e services.
12-9C-5: Deve/opment Standards:
A. Prescribed By P/anning And Environmenta/ Commission: In the general use district,
deve/opment standards in each of the following categories shall be as prescribed by
the p/anning and environmenta/ commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and /oading.
B. Reviewed By P/anning And Environmenta/ Commission: Deve/opment standards
shall be proposed by the applicant as a part of a conditional use permit application.
Site specific deve/opment standards shall then be determined by the planning and
environmenta/ commission during the review of the conditional use request in
accordance with the provisions of chapter 16 of this tit/e.
Vail Land use Plan
Community Commercial-
This area is designated to meet consumer demands from community resident.
Primary uses would include supermarkets, dry c/eaning establishments, hardware
-�
stores, service stations, financial institutions and medica/ offices. The design of these
facilities would be oriented toward vehicular access and parking.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninp
North: Vacant Residential Primary/Secondary (P/S) District
East: Commercial Heavy Service (HS) District
West: Residential P/S District
South: Interstate 70/CDOT R.O.W. No zoning
VII. SITE ANALYSIS
The following is a zoning analysis of Parcel A, re-subdivision of Tract D, Vail Das
Schone Filing 1, which are proposed to be amended by the proposed application.
Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1
Zoning: CC3 District
Land Use Plan Designation: Community Commercial
Current Land Use: Vacant Commercial
Development Standard Allowed Existin
Lot Area: determined by PEC 54,450 s.f./1.25 acres
GRFA: determined by PEC vacant
Access: The access is taken off of North Frontage Road.
Frontage on North Frontage Road: 250 feet
VIII. APPLICATION CRITERIA AND FINDINGS
Amendment to the Official Zoninq Map of the Town of Vail (rezoninq)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
"an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or property owner in the Town."
Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a request
to amend the Zoning Map.
The Town of Vail is seeking a recommendation of approval to rezone the Wendy's
Property from Commercial Core 3(CC3) District to the General Use (GU) District.
According to Section 12-3-7 C, of the Vail Town Code,
"Before acting on an application for a zone district boundary amendment, the
P/anning and Environmenta/ Commission and Town Council shall consider the
following factors with respect to the requested zone district boundary
amendment: "
1. The extent to which the zone district amendment is consistent with all 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
Since 1982 the community has recognized the need to have a first station in West
Vail. Initially the Town intended to construct the fire station on the Chamonix
Property; however, when the Wendy's Property became available it was identified
that this site would be preferred from an emergency services perspective. Upon
acquiring the Wendy's Property in 2007, the Town committed to constructing a
new West Vail Fire Station at this location. The Chamonix Advisory Committee
and Town Council have recommended approval of a scenario which located the
future fire station on the Wendy's Property.
According to Section 12-9C-1: Purpose; Genera/ Use District,
"The general use district is intended to provide sites for public and
quasi-public uses which, because of their special characteristics,
cannot be appropriately regulated by the development standards
prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development
proposal or project are necessary to achieve the purposes prescribed
in section 12-1-2 of this title and to provide for the public welfare. The
general use district is intended to ensure that public buildings and
grounds and certain types of quasi-public uses permitted in the district
are appropriately located and designed to meet the needs of residents
and visitors to Vail, to harmonize with surrounding uses, and, in the
case of buildings and other structures, to ensure adequate light, air,
open spaces, and other amenities appropriate to the permitted types
of uses. "
Staff believes that the rezoning of the Wendy's Property to General Use is
consistent and compatible with the Vail Comprehensive Plan and the Town's
development objectives of constructing a West Vail Fire Station.
Staff believes the proposal complies with this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses as set out in the Town's adopted planning
documents; and
Construction of the fire station on the Wendy's Property will provide the greatest
separation possible between residential development and the activity associated
6
with a fire station. The fire station will also have the best access to Interstate 70
and the surrounding neighborhoods for responding to emergencies. The request
to rezone the Wendy's Property to General Use District will have no negative
effect on the items identified in this criterion.
Staff believes the proposal complies with this criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives; and
As previously stated, locating the new fire station on the Wendy's Property will
allow for the greatest separation between residential uses and fire station activity.
It places the fire station immediately adjacent to a gas station and CDOT right-of-
way, which should not be disturbed by fire station activity. Additionally, locating
the fire station with direct access to the North Frontage Road will reduce the traffic
impacts to the surrounding neighborhood. The request to rezone the Wendy's
Property to General Use District will have no negative effect on the items identified
in this criterion.
Staff believes the proposal complies with this criterion.
4. The extent to which the zone district amendment provides for the growth of
an orderly viable community and does not constitute spot zoning as the
amendment serves the best interests of the community as a whole; and
The requested rezoning of the Wendy's Property does not constitute a spot
zoning. Based upon the previous use of the property and that it is immediately
adjacent to a gas station, this is an appropriate location for a public service
building like a fire station. With the exception of the hospital, cellular tower at
Middle Creek apartments, and the Vail Mountain School all properties zoned
General Use throughout the community are owned by the Town and typically
contain Town facilities and parks.
Staff believes the proposal complies with this criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including but not limited to
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
The proposed rezoning does not have any adverse effects on the items identified
in the above criterion.
Staff believes the proposal complies with this criterion.
6. The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district.
The General Use (GU) District is proposed for the Wendy's Property. The
proposed zone district is consistent with the intended purpose of that zone district.
The purpose of the General Use District is found under Criterion 1.
Staff believes the proposal complies with this criterion.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate.
The requested zoning is appropriate for the Wendy's Property as the Town has
identified for years the need for a fire department in West Vail and most recently
approved a conceptual site plan with employee housing and a fire station on the
Chamonix Property. The community has identified the need for a fire station in
West Vail and emergency services professionals have identified this location as
ideal for the new fire station. The CC3 zoning currently on the property is no
longer appropriate.
Staff believes the proposal complies with this criterion.
8. Such other factors and criteria as the Commission and/or Council deem
applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of a request
for a final recommendation to the Vail Town Council of a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone
Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, from Commercial Core
3(CC3) District to General Use (GU) District, located at 2399 North Frontage Road,
and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented, subject to the
following findings:
"Before recommending and/or granting an approva/ of an application for a zone
district boundary amendment the P/anning & Environmenta/ Commission and the
Town Council shall make the following findings with respect to the requested
amendment:
1. That the amendment is consistent with the adopted goa/s, objectives and
policies outlined in the Vail Comprehensive P/an and compatib/e with the
development objectives of the Town; and
2. That the amendment is compatib/e with and suitab/e to adjacent uses and
appropriate for the surrounding areas; and
3. That the amendment promotes the hea/th, safety, mora/s, and general
we/fare of the Town and promotes the coordinated and harmonious
8
deve/opment of the Town in a manner that conserves and enhances its
natura/ environment and its established character as a resort and residential
community of the highest quality. "
X. ATTACHMENTS
A. Existing Zoning
B. Proposed Zoning
C. Public Notice
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Attachment: A
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 October 27, 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, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Commercial Core 3 to General Use District, located at 2399 North
Frontage Road/Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Two-Family Primary/Secondary District to Housing District, located at
2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
A request for final recommendations to the Vail Town Council, for the proposed adoption
of the Chamonix Master Plan, to facilitate the development of Employee Housing and a
Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation
to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan to designate the Chamonix Master Plan area,
located at 2399 North Frontage Road and 2310 Chamonix Road/Parcels A& B, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard
thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
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 October 10, 2008, in the Vail Daily.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 27, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, for a
proposed change to the official zoning map, pursuant to section 12-5-3,
Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary District to Housing District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
I. SUMMARY
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator, is
requesting final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1. The parcel is
commonly known as the "Chamonix Property."
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval on the request to rezone the Chamonix Property from
P/S District to H District subject to the findings and criteria outlined in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator,
requests final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
P/S District to H District, located at 2310 Chamonix Road/Parcel B, re-subdivision of
Tract D, Vail Das Schone Filing 1. The parcel is commonly known as the Chamonix
Property. The purpose of this rezoning is to have zoning sufficient for the
construction of approximately 58 deed restricted employee housing units per the
recommendation of the Chamonix Site Master Plan Advisory Committee, consisting
of ten members representing the Town Council, Planning and Environmental
Commission, Housing Authority, Fire Department and the public.
III. BACKGROUND
Along with the Advisory Committee, on August 5, 2008, Town Council recommended (6
to 1) to pursue the development of 58 deed restricted employee housing units on the
Chamonix Property. This was based upon support for the density, unit mix and general
layout of the development.
The preferred development plan that identifies 58 units as appropriate density has been
labeled the "Neighborhood Block" scenario. It identifies a mix of two and three-bedroom
units of various square feet. The units are proposed in multi-family buildings as well as a
limited number of duplex units. Town Staff is currently in the process of validating the
construction costs to ensure the Town's ability to deliver the units at price points
affordable to the desired employee occupants. When this work is complete and the
Town is comfortable with its ability to have a successful employee housing development
Staff will be seeking a Planning and Environmental Commission recommendation on a
proposed master plan amendment.
IV. ROLES OF REVIEWING BOARDS
Rezoninq/Zone District Boundarv Amendment
Planninq and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Desiqn Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning Regulations. Staff
provides a staff inemo 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:
The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general welfare of the community.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoninq Requlations (Title 12, Vail Town Code)
Article I: Housing (H) Zone District (in part)
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of
employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. It is necessary in this
zone district to provide development standards specifically prescribed for
each development proposal or project to achieve the purposes prescribed in
section 12-1-2 of this title and to provide for the public welfare. Certain
nonresidential uses are allowed as conditional uses, which are intended to be
incidenta/ and secondary to the residential uses of the district. The housing district is
intended to ensure that employee housing permitted in the zone district is
appropriately located and design to meet the needs of residents of Vail, to
2
harmonious with surrounding uses, and to ensure adequate light, air, open spaces,
and other amenities appropriate to the allowed types of uses.
12-61-2: PERMITTED USES: The following uses shall be permitted in the H District:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as further described in chapter 13
of this title.
Passive outdoor recreation areas, and open space.
12-61-3: COND/T/ONAL USES: The following uses shall be permitted in H district,
subject to issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Tit/e:
Commercial uses which are secondary and incidental (as determined by the
planning and environmenta/ commission) to the use of employee housing and
specifically serving the needs of the residents of the deve/opment, and
deve/oped in conjunction with employee housing, in which case the following
uses may be allowed subject to a conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Hea/th clubs.
Persona/ services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Business offices and professiona/ offices as further regulated by Section 12-
16-7 of this tit/e.
Dwelling units (not employee housing units) subject to the following criteria to
be evaluated by the planning and environmenta/ commission:
A. Dwelling units are created so/ely for the purpose of subsidizing
emp/oyee housing on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for
dwelling units shall not exceed thirty percent (30%) of the tota/ GRFA
constructed on the property, and C. Dwelling units are only created in
conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on
the site and are compatib/e with buildings and uses on adjacent
properties.
Outdoor patios.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public parks and recreationa/ facilities.
Public utilities installations including transmission lines and appurtenant
equipment.
Type V/ emp/oyee housing units, as further regulated by chapter 13 of this
tit/e.
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the
perimeter of the zone district. At the discretion of the planning and environmental
commission, variations to the setback standards may be approved during the review
of a deve/opment plan subject to the applicant demonstrating compliance with the
following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geo/ogically sensitive areas and other
�
environmentally sensitive areas.
B. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatib/e re/ationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Variations to the twenty foot (20) setback shall not be allowed on property lines
adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is
approved by the p/anning and environmental commission pursuant to chapter 17 of
this tit/e.
12-6/-6: S/TE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of
the tota/ site area. At the discretion of the planning and environmenta/ commission,
site coverage may be increased if seventy five percent (75%) of the required parking
spaces are underground or enc/osed, thus reducing the impacts of surface paving
provided within a deve/opment, and that the minimum landscape area requirement is
met.
12-61-7: LANDSCAPE AND S/TE DEVELOPMENT: At /east thirty percent (30%) of
the tota/ site area shall be /andscaped. The minimum width and /ength of any area
qualifying as /andscaping shall be fifteen feet (15 j with a minimum area not /ess than
three hundred (300) square feet.
12-6/-8: PARKING AND LOAD/NG: Off street parking shall be provided in
accordance with Chapter 10 of this tit/e. No parking or loading area shall be /ocated
within any required setback area. At the discretion of the p/anning and environmental
commission, variations to the parking standards outlined in Chapter 10 of this tit/e
may be approved during the review of a deve/opment plan subject to a parking
management p/an. The parking management plan shall be approved by the planning
and environmenta/ commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than Chapter
10 of this tit/e would require. For example, a demonstrated need for a reduction in
the required parking could include:
A. Proximity or availability of a/ternative modes of transportation
including, but not limited to, public transit or shutt/e services.
B. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shutt/e service, or staggered
work shifts.
12-61-9: LOCAT/ON OF BUS/NESS ACT/V/T/ES:
A. Limitation; Exception: All conditional use
article shall be operated and conducted
s by section 12-61-3 of this
entirely within a building,
except for permitted /oading areas and such activities as may be
specifically authorized to be unenc/osed by a conditional use permit
and the outdoor display of goods.
8. Outdoor Display Areas: The area to be used for outdoor display must
be /ocated directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewalks,
building entrances and exits, driveways and streets shall not be
obstructed by outdoor disp/ay.
�
12-61-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By P/anning And Environmenta/ Commission: In the H
district, deve/opment standards in each of the following categories
shall be as proposed by the applicant, as prescribed by the planning
and environmenta/ commission, and as adopted on the approved
deve/opment plan
1. Lot area and site dimensions.
2. Building height.
3. Density control (including gross residential f/oor area).
12-61-11: DEVELOPMENT PLAN REQU/RED:
A. Compatibility with Intent: To ensure the unified deve/opment, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that deve/opment in the housing
district will meet the intent of the zone district, an approved
deve/opment plan shall be required.
B. P/an Process and Procedures: The proposed deve/opment plan shall
be in accordance with section 12-61-12 of this artic/e and shall be
submitted by the deve/oper to the administrator who shall refer it to
the planning and environmenta/ commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the planning and environmental
commission shall be he/d in accordance with section 12-3-6 of this
tit/e. The planning and environmenta/ commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the planning
and environmenta/ commission may be appea/ed to the town council
in accordance with section 12-3-3 of this tit/e.
D. P/an As Guide: The approved deve/opment plan shall be used as the
principa/ guide for all deve/opment within the housing district.
E. Amendment Process: Amendments to the approved deve/opment
plan will be considered in accordance with the provisions of section
12-OA-10 of this tit/e.
F. Design Review Board Approva/ Required: The deve/opment plan and
any subsequent amendments thereto shall require the approva/ of the
design review board in accordance with the applicab/e provisions of
chapter 11 of this tit/e prior to the commencement of site preparation.
12-61-13: DEVELOPMENT STANDARDS/CR/TER/A FOR EVALUAT/ON: The
following criteria shall be used as the principal means for evaluating a proposed
deve/opment plan. It shall be the burden of the applicant to demonstrate that the
proposed deve/opment p/an complies with all applicab/e design criteria:
A. Building design with respect to architecture, character, sca/e, massing
and orientation is compatib/e with the site, adjacent properties and the
surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and
located to produce a functiona/ deve/opment plan responsive to the
site, the surrounding neighborhood and uses, and the community as a
who/e.
C. Open space and /andscaping are both functiona/ and aesthetic, are
designed to preserve and enhance the natura/ features of the site,
maximize opportunities for access and use by the public, provide
adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open
space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide
safe, efficient and aesthetically pleasing circulation to the site and
throughout the deve/opment.
E. Environmental impacts resulting from the proposa/ have been
identified in the project's environmental impact report, if not waived,
and all necessary mitigating measures arE
the proposed deve/opment p/an.
F. Compliance with the Vail comprehensive
plans.
Vail Land Use Plan
Land Use Designation
implemented as a part of
plan and other applicable
Medium Density Residential-
The medium density residentia/ category include housing which would
typically be designed as attached units with common walls. Densitites
in this category would range from 3 to 14 dwelling units per buildab/e
acre. Additiona/ types of uses in this category would include private
recreational facilities, private parking facilities and institutional/public
uses such as parks and open space, churches, and fire stations.
Chapter Vll — Community Facilities, 1 Inventory and Assessment of Town
Owned Property, Coarse Screen of Sites
Tract 43 — Chamonix Parcel
The 3. 6 acre Chamonix Parcel has been identified for the /ocation of a
fire station as the primary use on the site and which may include other
Town of Vail uses. Secondary uses on the site include a medium
density residentia/ deve/opment, recreationa/ areas, and open space
buffers. A Land Use P/an depicting the /ocation of the future uses
has been prepared as the result of a comprehensive p/anning process
and is included as Appendix F of this document.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninp
North: Residential P/S District
East: Commercial Heavy Service (HS) District and
Commercial Core 3 (CC3)
West: Residential P/S District
South: Commercial HS District and CC3
VII. SITE ANALYSIS
The following is a zoning analysis of Parcel B, re-subdivision of Tract D, Vail Das
Schone Filing 1, which is proposed to be amended by the application.
Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1
Zoning: P/S District
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
6
1�lli�
Development Standard
Lot Area:
GRFA:
Allowed
determined by PEC
determined by PEC
Exi sti n
156,816 s.f./3.6 acres
vacant
Access: Access to the site may be taken off of Chamonix Road
or Chamonix Lane.
Frontage on Chamonix Road: 575 feet
Frontage on Chamonix Lane: 1,000 feet
APPLICATION CRITERIA AND FINDINGS
Amendment to the Official Zoninq Map of the Town of Vail (rezoninq)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
"an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or property owner in the Town."
Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a
request to amend the Zoning Map.
The Town of Vail is seeking a recommendation of approval to rezone the Chamonix
Property from Primary/Secondary (P/S) District to the Housing (H) District.
According to Section 12-3-7 C, of the Vail Town Code,
Before acting on an application for a rezoning, the P/anning and Environmental
Commission and Town Council shall consider the following factors with respect to
the requested zone district boundary amendment:
1. The extent to which the zone district amendment is consistent with
all 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
In October, 2002, when the Town of Vail acquired the Chamonix Property
it identified a"fire station, employee housing and land-banking" as the
future public uses of this property. Additionally, the Town adopted a Land
Use Plan Amendment in August, 2005, which again affirmed housing and
a fire station as appropriate use of the Chamonix Property.
Through the Chamonix Property public process and the extensive work of
the Chamonix Advisory Committee it was determined that rezoning the
Chamonix Property to the Housing District would provide the greatest
opportunity to provide deed restricted employee housing units.
According to Section 12-61-1: Purpose; Housing District, Vail Town Code,
"The housing district is intended to provide adequate sites for
employee housing which, because of the nature and
characteristics of employee housing, cannot be adequately
regulated by the deve/opment standards prescribed for other
residentia/ zone districts. It is necessary in this zone district to
provide deve/opment standards specifically prescribed for each
deve/opment proposa/ or project to achieve the purposes
prescribed in section 12-1-2 of this tit/e and to provide for the
public we/fare. "
Staff believes the proposed rezoning of the Chamonix Property is
consistent and compatible with the Vail Comprehensive Plan and the
Town's development objectives. The Town of Vail has a stated goal of
ensuring there is deed restricted employee housing for at least 30% of the
workforce. Additionally, the Employee Housing Strategic Plan identifies
the Chamonix Property as a location ideal for providing new deed
restricted employee housing to address existing employee housing
deficiencies.
Staff believes the proposal complies with this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the Town's adopted
planning documents; and
In 2002, when the Town of Vail purchased the Chamonix Property three
uses were identified, they included a"fire station, employee housing and
land banking." The proposed rezoning will allow for development of the
intended property uses. Residential development on the Chamonix
Property is consistent with the adjacent residential uses and has been
deemed appropriate through an extensive public process. The request to
rezone this parcel to Housing District will have no negative effect on the
items identified in this criterion. The acquisition of the Wendy's Site
allows for a transition buffer from residential uses and the proposed new
fire station.
Staff believes the proposal complies with this criterion.
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
The proposed rezoning will allow for development of the intended
property uses. Residential development of the Chamonix Property is
consistent with the adjacent residential uses and has been deemed
appropriate through an extensive public process. The request to rezone
this parcel to Housing District will have no negative effect on the items
identified in this criterion.
Staff believes the proposal complies with this criterion.
4. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
8
zoning as the amendment serves the best interests of the
community as a whole; and
The requested rezoning of the Chamonix Property does not constitute
spot zoning as the adjacent uses to the North and West are zoned for
residential development. This rezoning serves the best interest of the
community by providing additional sites for the development of deed
restricted employee housing. Furthermore it creates a transitional zone
between the existing structures to the north of the property and the
proposed fire station and existing gas station property.
Staff believes the proposal complies with this criterion.
5. The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
The proposed rezoning does not have any adverse effects on the items
identified in the above criterion.
Staff believes the proposal complies with this criterion.
6. The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
The Housing (H) District
proposed zone district is
zone district. The pur�
Criterion 1.
is proposed for the subject property. The
consistent with the intended purpose of that
�ose of the Housing District is found under
Staff believes the proposal complies with this criterion.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate.
The requested zoning is appropriate for the Chamonix Property. Since
the parcel was annexed into the Town of Vail and zoned
Primary/Secondary District the ability of the Town to provide affordable
employee housing has dramatically decreased. In recognition of this
challenge the Town created the Housing District specifically to cause the
development of deed restricted employee housing.
Staff believes the proposal complies with this criterion.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of a request
for a final recommendation to the Vail Town Council to rezone Parcel B, re-
subdivision of Tract D, Vail Das Schone Filing 1 from Primary/Secondary (P/S) to
Housing (H) District, located at 2310 Chamonix Road and setting forth details in
regard thereto.
Staff's recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented, subject to the
following findings:
"Before recommending and/or granting an approva/ of an application for a
zone district boundary amendment the P/anning & Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
1. That the amendment is consistent with the adopted goa/s, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the deve/opment objectives of the Town; and
2. That the amendment is compatib/e with and suitab/e to adjacent uses
and appropriate for the surrounding areas; and
3. That the amendment promotes the hea/th, safety, mora/s, and general
we/fare of the Town and promotes the coordinated and harmonious
deve/opment of the Town in a manner that conserves and enhances
its natura/ environment and its established character as a resort and
residentia/ community of the highest quality. "
X. ATTACHMENTS
A. Existing Zoning
B. Proposed Zoning
C. Public Notice
10
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Attachment: C
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 October 27, 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, for a proposed change to the official
zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning
Commercial Core 3 to General Use District, located at 2399 North Frontage Road/Parcel A, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council, for a proposed change to the official
zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning Two-
Family Primary/Secondary District to Housing District, located at 2310 Chamonix Road/Parcel B, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
A request for final recommendations to the Vail Town Council, for the proposed adoption of the
Chamonix Master Plan, to facilitate the development of Employee Housing and a Fire Station on the
"Chamonix Parcel" and "Wendy's ParceP' and a final recommendation to the Vail Town Council to
amend the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan to
designate the Chamonix Master Plan area, located at 2399 North Frontage Road and 2310
Chamonix Road/Parcels A& B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth
details in regard thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
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 October 10, 2008, in the Vail Daily.
1�
MEMBERS PRESENT
Bill Pierce
Rollie Kjesbo
Susie Tjossem
Michael Kurz
PLANNING AND ENVIRONMENTAL COMMISSION
October 13, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS ABSENT
Sarah Robinson-Paladino
Scott Proper
David Viele
Site Visits:
1. Village Inn Plaza, 68 Meadow Drive
2. Lionshead Public View Corridors, Lionshead Village
45 Minutes
A request for a final recommendation to the Vail Town Council on a major amendment to Special
Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development
District, Vail Town Code, to allow for the conversion of an existing office and retail space to
residential for an addition to an existing dwelling unit, located at 68 Meadow Drive (Village Inn
Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC080049)
Applicant: Colorado Company, represented by Sherman & Howard, LLC
Planner: Nicole Peterson
ACTION: Recommendation of approval, with conditions
MOTION: Tjossem SECOND: Kjesbo VOTE: 2-1-1 (Kurz opposed, Pierce recused)
CONDITION(S):
1. The applicant shall address the illegal demolition of the walkway on the east side of
the subject property, by submitting a Design Review application, prior to the
submittal of a Design Review application for the exterior changes associated with
this conversion.
2. The applicant shall comply with all Building Code requirements for ingress, egress,
and accessibility for Vail Village Inn Phase III which may include improvements to the
public walkway, along the east side of the subject property, from the pedestrian plaza
to Meadow drive. Compliance shall be demonstrated in conjunction with Building
Permit submittal.
3. The applicant shall install a new loading and delivery connection on the west end of
the existing underground parking garage (Under Building No. 1 in Phase III) that
aligns with the Plaza's existing loading and delivery garage door at the east end of
the underground parking garage, accessed off the South Frontage Road, prior to the
issuance of a building permit.
4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionary
Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance
of a building permit.
5. The applicant shall receive Design Review Board approval for the proposal, prior to
submitting a building permit application.
Commissioner Pierce identified he had a conflict of interest on this item and recused himself
from the hearing.
Page 1
Nicole Peterson distributed a Supplemental Staff inemorandum and brought attention to the
illegal construction that had occurred on site, the week prior. She informed the Commission that
Staff was recommending that this application be tabled until such time as a Design Review
application could be submitted in regards to the illegal walkway demolition.
Tim Devlin of Sherman and Howard, representing the applicant, stated the circumstances behind
the construction that had occurred on site. He stated that Deanne Hall, the president of the Vail
Village Inn Phase III, had apparently requested the work be performed without the knowledge
that a Design Review application was necessary. A Design Review application has been
forwarded to the association president for review.
The Commissioners spoke with each other and it was determined that they would hear the
application and if necessary they would place a condition on any motion directing Vail Village Inn
Phase III to correct the situation with regard to the walkway.
Nicole Peterson continued with her presentation per, explaining the Staff memorandum and
stated that staff is recommending denial of the application.
Tim Devlin continued with his presentation drawing attention to the table contained in the Staff
memorandum which compared the proposed application to those previously approved. He
utilized several boards depicting floor plans to make several points with regard to the frontage of
retail being removed and the amount of square footage on the ground floor. He continued by
going through the memorandum's background on previous residential expansion approvals. He
pointed out that his client would propose to utilize the pay-in-lieu option to mitigate the employee
housing mitigation.
Jonathan Stauffer, representing the subject property owner, gave some background on the
events leading to the illegal construction. He further stated that the owner of residential unit
#110 (subject of addition/ conversion), occupies his unit the entirety of the winter season. Thus
the unit is a hot/warm bed during the ski season.
Commissioner Kjesbo, asked what Staff would think if the application did not include the Digits
Salon and a portion of the Real Estate office.
Warren Campbell, Chief of Planning, stated that Staff did suggest utilizing only the interior
portion of `To Catch A Cook.' He stated that planning staff would review the application
differently, if that was the proposal; however, he did not commit to any recommendation that
would result.
Ken Bridges of Blue Line Architects, representing the applicant, gave a presentation on the
reasons behind the layout proposed. He pointed out the traffic flow within the unit and the need
for the stairs to be located in the space proposed.
Joe Stauffer, owner of the commercial space to be converted, stated that there had been an
office use in the real estate space since the start of the project and that he believes the subject
area has very little pedestrian traffic.
Rob Robinson of Robinson Mitchell and Associates (subject Real Estate office) stated that he
would like to stay in the Village. He added that he has received very little walk-in traffic at his
office in the years he's been there.
Commissioner Kurz, stated that he has not served on previous Commissions and therefore,
cannot comment on how the precedence of retail to residential in this area came to be. He
Page 2
added that he could not predict the amount of pedestrian traffic in the future, as a result of the
Solaris tunnel. He stated concern that this is a permanent change and does not believe the
application adheres to the Vail Village Master Plan.
Commissioner Tjossem, believes that this area is not vibrant and there is a precedence for
conversion set. She believes the conversion is appropriate.
Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult to predict
the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He also stated that his
vote of support, if a motion where made to forward a recommendation of approval, would be
based on the opinion that the `To Catch a Cook' retail space is a second story retail area, and
thus is comparable to the previous approvals of 2nd and 3`d story commercial conversions to
residential.
20 M i n utes
2. A request for a final recommendation pursuant to Section 12-22-4, Adoption of View Corridors
and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and
amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in
Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead
Redevelopment Master Plan, and setting forth details in regard thereto. (PEC080051)
Applicant: Town of Vail/Vail Resorts Inc.
Planner: George Ruther/Warren Campbell
ACTION: Recommendation of approval
MOTION: Kurz SECOND: Tjossem VOTE: 3-0-1 (Pierce recused)
Commissioner Pierce identified he had a conflict of interest on this item and recused himself
from the hearing.
Warren Campbell gave a presentation per the Staff inemorandum.
Tyson Dearduff, of Fritzlen Pierce Architects, representing Mark Kobelan, an interested party in
proposing a development on the Town owned tract of land where View Point No. 10 is located,
stated that they would like to request that the item be tabled until such time as Mr. Kobelan met
with George Ruther on Friday October 17t". He handed out a letter from Mr. Kobelan containing
this request. The concern being that if the View Point No. 10 were adopted the Town may be
reluctant to make amendments to the View Corridor established by View Point No. 10.
Warren Campbell stated that he understood the request and would not speculate on whether or
not the Town would be reluctant to amended View Point No. 10 in the future if a proposal were
deemed to be appropriate on the property. He stated that the Town Code did contain a process
for proposing improvements to Town owned land and if required amendments to any adopted
View Corridor in Town. He concluded by stating that a motion to forward a recommendation of
approval or denial would have no bearing on the success or lack of success that a proposal on
Town owned property might have in the future. Furthermore, there was a condition placed upon
the Arrabelle requiring the amendment and adoption of these View Corridors prior to achieve
final approvals for the project.
5 Minutes
3. A request for a final review of an amendment to an existing conditional use permit, pursuant to
section 12-16-10, Amendment Procedures, Vail Town Code, to amend the condition limiting the
number of private ski club members, located at 675 Lionshead Place (Arrabelle at Vail Square)/
Lots 1& 2, Lionshead Filing 6, and setting forth details in regard thereto (PEC080052).
Applicant: Arrabelle at Vail Square, LLC
Page 3
Planner: George Ruther/Warren Campbell
ACTION: Tabled to October 27, 2008
MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0
5 Minutes
4. A request for a work session for 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
ACTION: Tabled to October 27, 2008
MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0
5. Approval of September 22, 2008 minutes
MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0
6. Information Update
Possible date for Town Council and PEC joint work session November 18th
7. Adjournment
MOTION: Kurz
SECOND: Tjossem VOTE: 3-0-0
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 October 10, 2008, in the Vail Daily.
Page 4
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TOWN OF UAIL �
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 October 27, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction
of a staircase within the setback, located at 433 Gore Creek Drive (Vail Trails East
Townhomes)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC080056)
Applicant: Mark & Noelle Mahoney, represented by Steven James Riden, Architect
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Commercial Core 3 to General Use District, located at 2399 North
Frontage Road/Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Two-Family Primary/Secondary District to Housing District, located at
2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
A request for final recommendations to the Vail Town Council, for the proposed adoption
of the Chamonix Master Plan, to facilitate the development of Employee Housing and a
Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation
to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan to designate the Chamonix Master Plan area,
located at 2399 North Frontage Road and 2310 Chamonix Road/Parcels A& B, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard
thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
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 October 10, 2008, in the Vail Daily.
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