HomeMy WebLinkAbout2009-0413 PECPLANNING AND ENVIRONMENTAL COMMISSION
April 13, 2009
1:00pm
MN OF YAfI+ '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo Bill Pierce
David Viele
Scott Lindall
Susie Tjossem
Sarah Robinson-Paladino
Michael Kurz
Swearing in by Loreli Donaldson
Training - Matt Mire, Town Attorney 45 minutes
Site Visits:
1. Brennan Residence - 1838 Sierra Trail
2. Vail Row Houses - 303 Gore Creek Drive
3. Pinos del Norte - 600 Vail Valley Drive
4. Golf Course Pump House - 1980 South Frontage Road East
45 minutes
A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to establish regulations for building wrap
signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE
20 minutes
3. A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site Coverage,
Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the front
setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1. (PEC090008)
Applicant: John Brennan, represented by LKSM Design, P.C.
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
30 minutes
4. A request for a recommendation to the Vail Town Council on a proposed major amendment to
Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special
Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration;
located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing
7, and setting forth details in regard thereto. (PEC090009)
Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
5. A request for a final review of a conditional use permit, pursuant to Section 12-813-3, Conditional
Uses, Vail Town Code, to allow for the construction of an accessory building (irrigation pump
house) at the Vail Golf Course, located at 1980 South Frontage Road East/Unplatted, and
setting forth details in regard thereto. (PEC090010).
Applicant: Vail Recreation District
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
60 minutes
6. A request for a work session to discuss the adoption of amendments to the Vail Transportation
Master Plan, and setting forth details in regard thereto. (PEC090005)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
5 minutes
7. A request for a final review of a preliminary plan for a major subdivision, pursuant to Chapter 13-
3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and
1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a
complete legal description is available for inspection at the Town of Vail Community
Development Department), and setting forth details in regard thereto. (PEC080062)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
8. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
Page 2
5 minutes
9. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to,
multiple-family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
10. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
11. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-way
which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
12. A request for a work session to discuss the prescribed regulations amendments to Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment,
Vail Town Code, to allow for housekeeping, clarification and policy shifts for signage within the
Town of Vail, and setting forth details in regard thereto. (PEC090007)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Withdrawn
MOTION: SECOND: VOTE:
13. Approval of March 23, 2009 minutes
MOTION: SECOND: VOTE:
14. Information Update
15. Adjournment
MOTION: SECOND: VOTE:
Page 3
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 10, 2009, in the Vail Daily.
Page 4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for the establishment
of a new special development district, pursuant to Article 12-9A, Special
Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive,
Units 7 through 13 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group
Planner: Bill Gibson
1. SUMMARY
The applicant, Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group, is requesting a final recommendation to the Vail Town Council to establish
Special Development District No. 41, Vail Rowhouses, located at 303 Gore Creek Drive/Lots
7 through 13, Block 5, Vail Village Filing 1.
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
the Commission forwards a recommendation of denial subject to the findings noted in
Section IX of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Christopher Galvin, represented by K.H. Webb Architects, is requesting a
final recommendation to the Vail Town Council for the establishment of Special
Development District No. 41, Vail Rowhouses.
Initially, the purpose of the proposed special development district was to streamline the
review process for future renovations to the subject sites (i.e. eliminating the need for
multiple variances) while maintaining the row house character of the subject property. The
applicant's initial application proposed zero side setbacks, in place of 20 feet, between units;
reducing the building height limit by three feet; allowing the existing number of dwelling units;
allowing the existing number of parking spaces; eliminating GRFA (gross residential floor
area) limits; and adopting fagade design guidelines.
The applicant has since amended their proposal to include the following deviations from the
underlying High Density Multiple-Family (HDMF) District to increase the allowable
development potential of the subject properties:
GRFA increases from a ratio of 0.76 to 1.50 per lot, with Lot 13 capped at a
maximum GRFA of 6,770 sq. ft. This proposed formula change results in a GRFA
increase ranging from 39% to 74% for each subject lot. For a detailed analysis,
refer to the attached Applicant's Request (Attachment B). As proposed, "250
Additions" and "Interior Conversions" can not be added to the applicant's proposed
maximum GRFA limits. Staff has prepared an analysis of the previous, current, and
proposed actual allowable floor area (not GRFA) to determine the true impact of the
proposed GRFA amendments (Attachment A). Based upon this analysis, the
proposed actual increase in development potential ranges from 9% to 28% per
subject lot.
Reduce the required landscape area from 30% to 20% for all lots except 11 and 12.
For Lots 11 and 12, the applicant is proposing no net loss of existing landscape
area (i.e. Lot 11 = 12% and Lot 12 = 7%).
Decrease the side setback on the east end lot (Lot 13) from 20 feet to 12 feet from
the existing property line. This would result in a two foot setback should the Town
accept the proposed 10 foot land dedication noted below.
Decrease the required parking from two spaces per lot with a single dwelling unit
and three spaces per lot with a two dwelling units to a total of two spaces for Lots 7
through 12 and four spaces for Lot 13. This proposed reduction reflects the number
of existing parking spaces on the subject lots.
The applicant has amended their proposal to include the following deviations from the
underlying High Density Multiple-Family (HDMF) District to decrease the allowable
development potential of the subject properties as follows:
Restrict the building eave height limit to 45 feet along Gore Creek Drive (The current
eave height limit is 48 feet for sloping roofs and 45 feet for flat roofs. The applicant
is not proposed to change the maximum ridge height limits of 48 and 45 feet.).
Reduce the allowable above-grade site coverage from 55% to 50% of the lot area.
Below grade site coverage is not changed. (The current maximum site coverage is
55% both above and below grade)
The applicant has also amended their proposal to include the self-imposed design
guideline:
• All parking areas will be constructed with concrete pavers and snowmelt heat with
future renovations.
The applicant has amended their proposal to include the following public benefits to off-set
the proposed deviations from the underlying High Density Multiple-Family (HDMF) District:
• Dedication of the eastern 10 feet of Lot 13 to the Town of Vail. This 915 sq. ft. of
land is to be used as an addition to the adjacent public Roger Staub Park.
• Increasing the Inclusionary Zoning mitigation rate requirement from 10% of net new
floor area to 15% of net new floor area.
III. BACKGROUND
IV.
On December 22, 2008, the Planning and Environmental Commission held a work session
to discuss the applicant's initial proposal to create a special development district with the
purpose of streamlining the development review process without substantively altering the
allowed development potential for Lots 7-13 of the Vail Rowhouses. The Commission was
generally supportive of the concept and request additional documentation/calculations
demonstrating that the development potential was not being altered.
On March 3, 2009, the Planning and Environmental Commission held a work session to
discuss the applicant's amended proposal. Instead of solely attempting to streamline the
development review process, the applicant amended their application to also increase the
allowable GRFA (gross residential floor area) for all subject lots and to decrease the east
side setback requirements for Lot 13.
ROLES OF REVIEWING BOARDS
Order of Review:
Generally, applications will be reviewed first by the PEC for impacts of use/development,
then by the DRB for compliance of proposed buildings and site planning, and final approval
by the Town Council.
Planning and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the Town Council on
the final approval, approval with modifications, or denial of a special development
district, pursuant to Article 12-9A, Special Development Districts, Vail Town Code.
Town Council:
The Town Council responsible for final approval, approval with modifications, or
denial of a special development district, pursuant to Article 12-9A, Special Development
Districts, Vail Town Code. Actions of PEC maybe appealed to the Town Council or by
the Town Council. Town Council evaluates whether or not the PEC or DRB erred with
approvals or denials and can uphold, uphold with modifications, or overturn the board's
decision.
V. ZONING ANALYSIS
The proposed changes to the prescribed development standards adopted in conjunction
with SDD No. 41, Vail Rownhouses are shown in bold text in the table below.
Zoning: High Density Multiple-Family
Land Use Plan Designation: Vail Village Master Plan Study Area
Current Land Use: Residential
Development Standard Allowed/Required
Existing Conditions
Proposed Allowed/Required
Buildable Area (min): 10,000 sq.ft.
Setbacks (min):
Front: 20 ft.
Sides (Lots 7-12): 20 ft.
Sides (Lot 13 west) 20 ft.
2,265 to 5,750 sq.ft.
>_20 ft.
0 ft.
0 ft.
existing conditions
no change
existing conditions
existing conditions
Sides (Lot 13 east)
Rear:
Gore Creek
Building Height (max):
Density - DU's (max)
20 ft.
20 ft.
50 ft.
48 ft. sloped/45 ft. flat
0
Density - GRFA (max): 0.76 of buildable area
+ interior conversions
+ 250 additions (x2)
Site Coverage (max):
Landscape Area (min)
Parking (min):
no change
30%
all but Lot 9: 3 spaces
Lot 9: 2 spaces
Parking location
Inclusionary Zoning
(Employee Housing)
75% below grade
not in front setback
not in street ROW
10% mitigation rate
20 ft.
>_20 ft.
>_50 ft.
<_48 ft/<_45 ft.
All but Lot 9: 2 du's
Lot 9: 1 du
0.76 of buildable area
+ interior conversions
+ 250 additions (x2)
+ nonconforming GRFA
all lots <_55%
7% to 44%
all but Lot 13: 2 spaces
Lot 13: 4 spaces
2 ft. (after land dedication)
no change
no change
Eaves max. 45 ft. on Gore Creek Drive
No change to ridge height limits
Existing conditions
1.5 of buildable area
no interior conversions
no 250 additions
55% below grade/50% above grade
20%/no net loss Lots 11 & 12
existing conditions
existing on-grade parking existing conditions
existing within the setback existing conditions
existing in street ROW existing conditions
none required to date 15% mitigation rate
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Gore Creek Outdoor Recreation
South: Residential and Parking Commercial Core 1 & Parking Districts
East: Public Park Outdoor Recreation
West: Residential High Density Multiple-Family
VII. APPLICABLE DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
Chapter 12-1, Title, Purpose and Applicability
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
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, flood, avalanche, accumulation of snow, and
other dangerous conditions.
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3. To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Article 12-6H: High Density Multiple Family District
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
recreation facilities and related visitororiented 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.
Article 12-9A: Special Development (SDD) District
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish the
requirements for guiding development and uses of property included in the special
development district.
B. Applicability: Special development districts do not apply to and are not available in
the following zone districts: hillside residential, single-family residential, two-family
residential and two-family primary/secondary residential.
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be the
burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following standards, ordemonstrate that
one or more of them is not applicable, or that a practical solution consistent with the
public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
3. Parking and Loading: Compliance with parking and loading requirements
as outlined in Chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development of
the special development district.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a special development district, the planning and environmental
commission and the town council shall make the following findings with respect to
the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the
public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
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its established character as a resort and residential community of the highest
quality.
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking shall be determined by the town
council as part of the approved development plan with consideration of the
recommendations of the planning and environmental commission. Before the town
council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the
town that outweigh the adverse effects of such deviation. This determination is
to be made based on evaluation of the proposed special development district's
compliance with the design criteria outlined in section 12-9A-8 of this article.
VAIL LAND USE PLAN
Chapter 2: Land Use Goals and Policies
1. General Growth I Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.5. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1.6. Vail recognizes its stream tract as being a desirable land feature as well as
its potential for public use.
2. SkierlTourist Concerns
2.1. The Town of Vail should improve the existing park and open space
lands while continuing to purchase open space.
4. Village Core/ Lionshead
4.1. Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved through implementation of
the Urban Design Guide Plan and the Vail Village Master Plan.
4.2. The ambiance of the Village is important to the identity of Vail and
should be preserved. (Scale, alpine character, small town feeling,
mountains, natural settings, intimate size, cosmopolitan feeling,
environmental quality.)
5. Residential
5.1. Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.2. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.3. Residential growth should keep pace with the market place demands
for a full range of housing types.
5.4. The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS
GOAL #1 Encourage high quality, redevelopment while preserving unique
architectural scale of the village in order to sustain its sense of community and
identity.
Objective 1.1: Implement a consistent development review process to
reinforce the character of the Village.
Policy 1.1.1: Development and improvement projects approved in the
Village shall be consistent with the goals, objectives, policies and
design considerations as outlined in the Vail Village Master Plan and
Urban Design Guide Plan.
Objective 1.2: Encourage the upgrading and redevelopment of
residential and commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the
Action Plan and as is consistent with the Vail Village Master Plan and Urban
Design Guide Plan.
Policy 1.2.2: Development and improvement projects shall be
coordinated to minimize the unintended negative consequences
associated with construction activity in a pedestrianized, commercial
area. For instance, the noise abatement, project completion guarantees,
temporary parking, traffic control, etc.
Objective 1.3: Enhance new development and redevelopment through
public improvements done by private developers working in cooperation
with the town.
Policy 1.3.1: Public improvements shall be developed with the
participation of the private sector working with the Town.
Objective 1.4: Recognize the "historic" importance of the architecture,
structures, landmarks, plazas and features in preserving the character
of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and
other similar features shall be taken into consideration in the development
review process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
Policy 1.4.3: Identification of "historic" importance shall not be used as the
sole means of preventing or prohibiting development in Vail Village.
GOAL #2 To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
Objective 2.6: Encourage the development of employee housing units in
Vail Village through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as part of any
new or redevelopment project requesting density over that allowed by
existing zoning.
Policy 2.6.3: The Town of Vail may facilitate in the development of affordable
housing by providing appropriate assistance.
Policy 2.6.4: Employee housing shall be developed in the Village when
required by the Town's adopted Zoning Regulations.
GOAL #3 To recognize as a top priority the enhancement of the walking
experience throughout the village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and
seating areas), along adjacent pedestrian ways.
Policy 3.1.2: Public art and other similar landmark features shall be
encouraged at appropriate locations throughout the Town.
Policy 3.1.3.-. Flowers, trees, water features, and other landscaping shall be
encouraged throughout the Town in locations adjacent to, or visible from,
public areas.
Objective 3.2: Minimize the amount of vehicular traffic in the Village to
the greatest extent possible.
Policy3.2.1: Vehicular traffic will be eliminated or reduced to absolutely
minimal necessary levels in the pedestrianized areas of the Village.
Obiective 3.4: Develop additional sidewalks, pedestrian-only walkways
and accessible green space areas, including pocket parks and stream
access.
Policy 3.4.1. Physical improvements to property adjacent to stream
tracts shall not further restrict public access.
Policy 3.4.2: Private development projects shall be required to incorporate
new sidewalks along streets adjacent to the project as designated in the Vail
Village Master Plan and/or Recreation Trails Master Plan.
Policy 3.4.3.-. The "privatization" of the town-owned Gore Creek stream
tract shall be strongly discouraged.
Policy 3.4.4: Encroachment of private improvements on the town-owned
Gore Creek stream tract shall be prohibited.
Policy 3.4.5: The Town shall require the removal of existing improvements
constructed without the Town's consent within the town-owned Gore Creek
stream tract.
GOAL #4 To preserve existing open space areas and expand greenspace
opportunities.
Objective 4.1: Improve existing open space areas and create new plazas
with greenspace and pocket parks. Recognize the different roles of each
type of open space in forming the overall fabric of the Village.
Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to
accessible locations elsewhere in the Village) in any development or
redevelopment of property in Vail Village.
Policy 4.1.2: The development of new public plazas, and improvements to
existing plazas (public art, landmarks, historic features, streetscape features,
seating areas, etc.) shall be strongly encouraged to reinforce their roles as
attractive people places.
Policy 4.1.3: With the exception of ski base-related facilities, existing natural
open space areas at the base of Vail Mountain and throughout Vail Village
and existing greenspaces shall be preserved as open space.
Policy 4.1.4: Open space improvements including the addition of
accessible greenspace as described or graphically shown in the Vail
Village Master Plan and/or Urban Design Guide Plan, will be required in
conjunction with private infill or redevelopment projects.
Objective 4.2: Improve and expand the opportunity for active and
passive recreational activity throughout the Village.
10
GOAL #4 Action Steps:
2. Evaluate additional opportunities for the purchase of additional
parcels for open space and/or public use.
GOAL #5 Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Objective 5.1: Meet parking demands with public and private parking
facilities.
Policy 5.1.1: For new development that is located outside of the Commercial
Core / Zone District, on-site parking shall be provided (rather than paying
into the parking fund) to meet any additional parking demand as
required by the zoning code.
Policy 5.1.2: The expansion of the Vail Village parking structure shall
maximize the number of additional parking spaces available for public
pa rking.
Policy 5.1.3: Seek locations for additional structured public and private
parking.
Policy 5.1.4: Continue to promote the lease parking program as a means for
maximizing the utilization of private parking spaces.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed parking.
Policy 5.1.6.-. Development and redevelopment projects shall be strongly
encouraged to provide ample temporary parking for construction
workers for the duration of a construction project to minimize impacts
on our guests and visitors resulting from the loss of public parking.
GOAL #6 To ensure the continued improvement of the vital operational elements of
the village.
Objective 6.1: Provide service and delivery facilities for existing and
new development.
Policy 6.2.2:Minor improvements (landscaping, decorative paving, open
dining decks, etc.), may be permitted on Town of Vail land or right-of-
way (with review and approval by the Town Council and Planning and
Environmental Commission when applicable) provided that Town
operations such as snow removal, street maintenance and fire
department access and operation are able to be maintained at current
levels. Special design (i.e. heated pavement), maintenance fees, or
other considerations may be required to offset impacts on Town
services.
11
CHAPTER VI: ILLUSTRATIVE PLAN
CHAPTER VII: Vail Village Sub-Areas
East Gore Creek Sub-Area (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium projects with a very limited amount of support commercial.
Surface parking is found at each site, which creates a very dominant
visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater
than that allowed under existing zoning, this area has the potential to
absorb density without compromising the character of the Village.
This development could be accommodated by partial infill of existing
parking areas balanced by greenspace additions orthrough increasing
the height of existing buildings (generally one story over existing
heights). In order to maintain the architectural continuity of projects,
additional density should be considered only in conjunction with the
comprehensive redevelopment of projects.
Clearly, one of the main objectives to consider in the redevelopment of
any property should be to improve existing parking facilities. This
includes satisfying parking demands for existing and additional
development, as well as design considerations relative to redevelopment
proposals. The opportunity to introduce below grade structured parking
12
VIII. REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the merits of
the proposed special development district. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with each of
the following standards, or demonstrate that one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Staff does not believe the proposed special development district will negatively affect the
architectural design, building height, identity, character, visual integrity or orientation in
comparison to the existing conditions. Staff does not believe the applicant's proposal to
prescribe a maximum ridge height of 45 feet along Gore Creek Drivie will have any real
effect on the bulk and mass of the subject properties. The applicant is not proposing to
reduce the maximum roof ridge height of the buildings, so a maximum eave height of 48 feet
or 45 feet (which is the current maximum for a flat roof) will not change the four building
stories which can be currently be constructed. The Vail Village Master Plan recommends
maximum building heights of three to four stories for the subject properties.
In Attachment A, Staff prepared an analysis of the previous, existing, and proposed
development potential for the subject properties based upon an actual floor-area-ratio
calculation rather than GRFA (gross residential floor area) since GRFA includes deductions
and credits that can skew the area numbers.
13
will greatly improve pedestrianization and landscape features in this
area. This should be considered a goal of any redevelopment proposal
in this sub-area. Development orredevelopment of this sub-area will attract
additional traffic and population into this area and may have significant
impacts upon portions of Sub-Areas 7 and 10.
• Based upon this analysis, the subject properties were allowed a floor area ratio of
1.5 in 1969.
• Over the years the Town of Vail imposed a community wide down zoning by
significantly reducing the allowable GRFA in many zone districts. Due to this down
zoning, the floor area ratio allowed for the subject properties was reduced to 0.60.
• In the mid-1990's the Town of Vail adopted the "250 Addition" and "Interior
Conversion" provisions to allow existing residences to expand beyond their allowed
GRFA limits. This resulted in floor area ratios ranging from 0.69 to 0.81 for the
subject properties.
• In 2004, the Town of Vail again amended the GRFA regulations. The most
significant amendment granted GRFA deductions for basements and re-set the
allowance for new "250 Additions" and "Interior Conversions" for multiple-family
residences. This increased the allowable floor area ratio of the subject properties to
a range of 1.40 to 1.88. This resulted in 5 of the 7 subject properties now having
development potential at or beyond their 1969 levels. Significant portions of these
development potential increases are currently un-built.
• The applicant is proposing to increase the allowable GRFA limits for the subject
properties from 0.76 to 1.5, which will increase the actual floor area ratios for these
properties to a range of 1.93 to 2.05.
Staff does not believe the proposed increases in building scale/bulk beyond the un-built
development potential currently available to each of the subject properties is appropriate for
the neighborhood. The purpose and intent of the "250 Addition" and "Interior Conversion"
credits currently available to the subject properties, which are predominately un-built, are to
encourage the construction of upgrades to existing residences. The proposed increase in
development potential will not facilitate the comprehensive redevelopment of an aged
property. Lots 7 and 8 have already been redeveloped within the past five years, and the
remaining lots will be redeveloped on an individual basis.
While the dedication of park land within the Village is generally a positive proposal, Staff
does not believe the proposed reductions in Lot 13's setbacks and buffer zones are
sensitive to the adjacent Roger Staub Park. The dedication of 10 feet of Lot 13 to the
adjacent park will increase the non-conformity of the Lots size (less than 10,000 sq. ft.) and
will bring the existing conforming structure into non-compliance with the required 20 setback.
The eastern 10 feet of Lot 13 is currently unbuildable. Therefore, the dedication of this
property would likely only affect the ownership of the land, rather than affecting the public's
perception of open space in the village.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
The Vail Village Master Plan identifies the subject properties as a potential location for
additional residential development. Of all the subject properties, only Lot 8 has been
constructed to its full allowable height. Each of the other subject properties currently have
the ability to construct an additional story on top of the existing residences. Additionally,
each of the subject properties currently has the ability to construct additions to their existing
residences beyond the allowable GRFA (Gross Residential Floor Area) limits through the
"Interior Conversion" and "250 Addition" (two 250 additions are available for all but Lot 9)
provisions of the Vail Town Code. Given the current un-built development potential available
to each of the subject properties, Staff does not believe the applicant's proposed increases
14
to the allowable GRFA limits through the Special Development District process are
necessary for conformance with the Vail Village Master Plan.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 10 of this title.
Lots 7, 8, 10, 11, and 12 are currently deficient in their number of required parking spaces.
Pursuant to Chapter 12-10, Off Street Parking and Loading, Vail Town Code, each unit is
required 1.4 parking spaces. With two units on each lot, a minimum of three parking spaces
are required for these properties. Currently, there are only two spaces on each of these lots.
Portions of the existing parking spaces for every subject property (Lots 7-13) encroach into
the Gore Creek Drive right-of-way contrary to the requirements of Chapter 14-3, Residential
and Commercial Access, Driveway, and Parking Standards, Vail Town Code. The proposed
special development district would allow this non-conforming parking situation to continue in
perpetuity.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
The Vail Village Master Plan recommends the existing on-street parking be removed from
the Gore Creek Drive right-of-way. However, this proposal does not address this
recommendation and would allow the existing non-conforming parking situation to continue
in perpetuity.
The Vail Village Master Plan identifies the subject properties as a potential location for
additional residential development. Of all the subject properties, only Lot 8 has been
constructed to its full allowable height. Each of the other subject properties currently have
the ability to construct an additional story on top of the existing residences. Additionally,
each of the subject properties currently has the ability to construct additions to their existing
residences beyond the allowable GRFA (Gross Residential Floor Area) limits through the
"Interior Conversion" and "250 Addition" (two 250 additions are available for all but Lot 9)
provisions of the Vail Town Code. Given the current un-built development potential available
to each of the subject properties, Staff does not believe the applicant's proposed increases
to the allowable GRFA limits through the Special Development District process are
necessary for conformance with the Vail Village Master Plan.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
Portions of the subject properties are located adjacent to the Gore Creek 100-year Flood
Plain; however, no improvements are proposed to be constructed in the flood plain.
6. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The subject properties are located adjacent to Gore Creek; however, no improvements are
proposed to be constructed within the flood plain or the 50-foot creek setback.
15
The subject properties are located adjacent to the Roger Staub Park, and the owner of Lot
13 is proposing to dedicate the eastern 10 feet of their lot to the Town of Vail as an addition
to the park. However, the applicant is also proposing to expand the existing Lot 13
residence nine feet to the east. The existing residence, with the existing lot configuration,
conforms to the 20 foot side setback requirement. By dedicating land to the park, that
setback is reduced to 11 feet; and by expanding the building to the east the applicant is
proposing a final setback of only one foot. Staff does not believe a proposed building
setback of only two feet is appropriate in this location. A two foot setback would create
practical difficulties to the current and future owners of the lot in accessing and maintaining
their property without encroaching into a public park.
The dedication of 915 sq. ft. of Lot 13 to the Town of Vail for public park use would make
this lot more non-conforming in regard to the current 10,000 sq. ft. minimum lot size
requirement of the Town's zoning regulations.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Portions of the existing parking spaces for each subject property encroach into the Gore
Creek Drive right-of-way contrary to the requirements of Chapter 14-3, Residential and
Commercial Access, Driveway, and Parking Standards, Vail Town Code. The proposed
special development district would allow this non-conforming parking situation to continue in
perpetuity.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
While Staff generally supports the concept of park land dedication; Staff does not believe the
proposed reduction in setbacks and landscape area on Lot 13 optimizes or preserves the
natural features of the adjacent Roger Staub Park. Lot 13 currently complies with the
required 30% site coverage requirement; however, the proposed dedication of land will
render Lot 13 non-conforming. Currently Lots 9 through 12 are deficient in meeting the
minimum landscape area requirements, and the proposed special development district will
perpetuate this situation into the future by reducing the required landscaping requirement to
12% for Lot 11, 7% for Lot 12, and 20% for the remaining lots.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The applicant is not proposing a comprehensive redevelopment of the subject properties.
Instead, future redevelopment could occur on a single unit by unit basis.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
This proposed Special Development District includes the following deviations from the
Town's zoning regulations and development standards:
16
• Lot size and lot dimensions
• Density - Dwelling Units per acre
• Density - GRFA (gross residential floor area)
• Setbacks
• Landscape Area
• Parking - Numbers
• Parking - Location
The applicant is proposing to mitigate the effects of these deviations with the follow:
• Dedication of 915 from Lot 13 to the Town of Vail's Roger Staub park.
• Reducing the building eave height limit along Gore Creek Drive to 45 feet.
• Reducing the above grade site coverage limits to 50%.
• Increasing the Inclusionary Zoning employee housing mitigation rate from 10% to
15%.
• Imposing design guidelines requiring future driveway renovations to include concrete
pavers and snowmelt heating.
Since this proposal is not part of a comprehensive redevelopment of the subject properties,
the dedication of land to Roger Staub Park is the only near term benefit proposed by the
applicant. The proposed reduction in site coverage, eave height limits, and Inclusionary
Zoning changes will only take effect when the individual lot owners choose to redevelop their
properties (two of these properties have already been redeveloped in the past 5 years).
While Staff generally supports the concept of park land dedication, in this situation such a
dedication renders the existing Lot 13 more non-conforming in regards to lot size/dimension
requirements and setback requirements. The non-conforming setback situation on Lot 13
would then be further exacerbated by the applicant's proposed to also expand the structure
on Lot 13 and addition 8 feet to the east. From a practical perspective, the portion of Lot 13
being offered for dedication is currently unbuildable due to the setback requirements of the
site. Therefore, while a portion of Lot 13 could come under the ownership of the Town; Staff
does not believe the general public will perceive any physical changes to the existing Roger
Staub Park.
Staff does not believe the applicant's proposal to limit building roof eaves to 45 feet will have
any benefit to the public. Staff does not believe this requirement will have any practical
affect on reducing the bulk and mass of the subject properties, since 45 feet is the current
eave limit for flat roofs and the applicant is not proposing to reduce the roof ridge height
requirement for sloping roofs. The current building height limits already allow the subject
properties to be four stories above street level as recommended by the Vail Village Master
Plan, and the proposed eave limit will not alter this circumstance. All of the subject
properties, with the exception of Lot 7, are only three stories in height today and already
have the development rights to expand an additional story.
The applicant is proposing to reduce the above grade site coverage limits for the subject
properties from 55% to 50%. Each of the subject properties already complies with this
proposed standard. In part, today's conformance with this proposed site coverage reduction
is dictated by the current setback requirements and the current landscape area requirements
applied to the subject properties. Several of the subject properties are currently non-
conforming in regard to today's landscape area requirements. The applicant is not
proposing to reduce the existing landscape area non-conformities. Instead, the applicant is
17
proposing to perpetuate this situation through the special development district process
without providing any public benefits to off-set the negative effects of these deficiencies.
The proposed park land dedication will render the currently conforming Lot 13 non-
conforming in regard to the minimum landscape area requirements. The subject properties
are located adjacent to the Roger Staub Park and a public stream tract. Both properties are
experiencing stream bank erosion along Gore Creek and Staff believes an opportunity exists
for the applicant to assist the Town in preserving these critical adjacent public open spaces.
The subject properties are non-conforming in regard to density in both allowable units per
acre and GRFA (gross residential floor area). By formalizing the existing number of dwelling
units through the special development district process, the applicant gains significantly in
becoming "conforming" in regard to density. Currently, the subject properties can not
demolish more than one-half the floor area of the building during a renovation or the project
will be defined as a "demo/rebuild" by the Town's zoning regulations. Once a current
building becomes a "demo/rebuild" project, the reconstruction must be fully in compliance
with the Town's regulations and the property looses it's "legally non-conforming" (i.e.
grandfathered) status. In the past five years Lots 7 and 8 have redeveloped, at additional
expense to the owners, in such a manner as to maintain there grandfathered status by not
demolishing more than one-half of the existing floor area. As proposed, future renovations
to the subject properties will not be constrained by this "demo/rebuild" scenario.
The applicant is proposing to increase the allowable GRFA forthe subject properties beyond
the current limits. Unlike in other special development district proposal, these subject
properties have unbuilt development potential. Less than five years ago the Town of Vail
amended the Town's GRFA regulations and significantly increased the GRFA available to
the subject properties and reset the "250 Addition" and "Interior Conversion" opportunities.
The Town's current regulations grant the majority of the subject properties more
development potential than they were affording in 1969, years prior to the town wide down
zoning.
The applicant is proposing to mitigate the effects of this additional floor area by increasing
their Inclusionary Zoning employee housing mitigation rates from 10% to 15%. Should the
Commission choose to support this element to the proposal, Staff recommends this
provision be modified to require an additional 5% above the standard minimum Inclusionary
Zoning employee housing mitigation rate. The current mitigation rate could be subject to
future code amendments that could potentially increase the standard minimum rate and Staff
believes the applicant's proposed increase should be proportional to any future standard
rates.
The subject properties, with the exception of Lot 13, are currently non-conforming in regard
to parking space numbers. The applicant is not proposing any public benefit to mitigate the
effects of the deviation. Staff believes several opportunities are currently available to the
applicant to mitigate this deviation, including:
• Constructing underground parking as recommended by the Vail Village Master Plan.
• Converting the street level of the existing buildings into garages (the displaced
GRFA can be relocated in the unbuilt fourth story of these buildings).
• Parking spaces can be purchased in the adjacent Founder's Garage and tied to the
deeds of these properties in accordance with the provisions of Section 12- 10-6,
Parking; Off Site and Joint Facilities, Vail Town Code.
Fees-in-lieu can be paid into the Town's core area parking fund (the current rate is
$22, 229.16).
18
Please note, that the proposed dedication of a portion of Lot 13 to Roger Staub Park would
eliminate the eastern most 7 feet of this lot's existing non-conforming parking area. The lot
could no longer accommodate the parking space widths necessary for the four existing
parking spaces on the lot without the removal, and paving, of an existing landscape planter
on the western portion of the property (i.e. a further reduction in landscape area).
While the applicant is proposing a guideline requiring driveways of the subject properties to
be concrete pavers and snowmelt heated at the time of some future redevelopment (the Lot
7 and Lot 8 driveways have already been upgraded), Staff believes the above listed parking
garage or off-site parking options are currently available to the subject properties to remedy
the non-compliant parking spaces that are located within the front setbacks and encroach in
the Gore Creek Drive street right-of-way.
Staff does not believe the applicant has demonstrated that the negative effects of the
deviations created by this special development district will be adequately mitigated or
outweighed by the applicant's proposed public benefits.
IX. STAFF RECOMMENDATION
Based upon review of the criteria outlined in Section VIII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Planning and Environmental Commission forwards a recommendation of denial to the
Vail Town Council of this request.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request; Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of denial
to the Vail Town Council forthe establishment ofa new special development district,
pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code,
located at 303 Gore Creek Drive, Units 7 through 13 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a recommendation
of denial to the Vail Town Council this request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section V/ of Staffs March 23,
2009, memorandum and the evidence and testimony presented, the Planning and
Environmental Commission finds:
"I. That the SDD does not comply with the standards listed in subsection A of
this section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
2. That the SDD is not consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
19
3. That the SDD is not compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD does not promote the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality. "
X. ATTACHMENTS
A. Actual allowed floor area comparisons (i.e. not "GRFA")
B. Vicinity Map
C. Applicant's revised request dated April 13, 2009
D. Public Comment letter dated April 9, 2009
20
Attachment A
1969 ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot #
Lot Size (sq.ft.)
Allowed Floor Area (1.5)
(sq.ft.)
Allowed Floor Area Ratio
7
2,744
4,116
1.50
8
2,614
3,921
1.50
9
2,396
3,594
1.50
10
2,265
3,398
1.50
11
2,309
3,464
1.50
12
2,919
4,379
1.50
13
5,750
8,625
1.50
PRE-2004 ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot
#
Lot Size
(sq.ft.)
GRFA (0.60)
(sq.ft.)
"250"
Additions
(sq.ft.)
Interior
Conversions
(sq.ft.)
Allowed Floor
Area (sq.ft.)
Allowed Floor
Area Ratio
7
2,744
1,646
500
unknown
2,146+
0.78
8
2,614
1,568
500
unknown
2,068+
0.80
9
2,396
1,438
250
unknown
1,688+
0.70
10
2,265
1,359
500
unknown
1,859+
0.71
11
21309
1,385
500
unknown
1,885+
0.81
12
2,919
1,751
500
unknown
2,251+
0.77
13
5,750
3,450
500
unknown
3,950+
0.69
CURRENT ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot
#
Lot
Size
(sq.ft.)
Allowed
GRFA
(0.76)
(sq.ft.)
Existing
Non-
conforming
Additional
GRFA
s .ft.
"250"
Additions
(sq.ft.)
Interior
Conversions
(sq.ft.)
2004
Basement
Deduction
(sq.ft.)
Allowed
Floor Area
(sq.ft.)
Allowed
Floor Area
Ratio
7
2,744
2,085
167
500
unknown
1,509
4,261+
1.55
8
2,614
1,987
726
500
unknown
1,438
4,651+
1.80
9
2,396
1,821
0
250
unknown
1,318
3,389+
1.41
10
2,265
1,721
756
500
unknown
1,246
4,223+
1.86
11
2,309
1,755
810
500
unknown
1,270
4,335+
1.88
12
2,919
2,218
348
500
unknown
1,605
4,671+
1.50
13
5,750
4,370
0
500
unknown
3,163
8,033+
1.40
21
PROPOSED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot
Lot Size
Proposed
Basement
Actual
Proposed
Change from
Change from
#
(sq.ft.)
Floor
Deduction
proposed
Floor Area
Current Floor
Current Floor
Area (1.5)
(sq.ft.)
floor area
Ratio
Area (sq.ft.)
Area Ratio
(sq.ft.)
7
2,744
4,116
1,509
5,625
2.05
1,364
32%
8
2,614
3,921
1,438
5,359
2.05
708
22%
9
2,396
3,594
1,318
4,912
2.05
1,523
45%
10
2,265
3,398
1,246
4,544
2.01
321
8%
11
2,309
3,464
1,270
4,734
2.05
399
9%
12
2,919
4,379
1,605
5,984
2.05
1,313
28%
13
5,750
8,625 w/
3,163
9,933
1.73
1,900
24%
without
cap of
land
6,770
dedication
13
4,835
6,675
2,659
9,334
1.93
1,301
16%
with land
w/cap of
dedication
6,770
22
Attachment B
23
Attachment C
Vail Row Houses
Special Development District
Planning and Environmental Commission
final Recommendation
April 13, 2009
J, I :lei
Mauriallo Planning Group
VAIL .;Du !opii
INTRODUCTION AND BACKGROUND
The intent of this Special Development District (SDD) application is to correct a long standing problematic
application of High Density Multiple Family Zoning to a town house project, known as the Vail Row Houses,
within the Vail Village. The proposal will essentially create new "Town House Zoning" for the property within
the vehicle of a Special Development District.
Lots 7 through 13 of the Vail Row Houses were originally
platted as town house parcels in 1962 and the existing
row houses were developed on the property in 1963. This
was done under Eagle County jurisdiction before there was
zoning in Eagle County and before the Town was
incorporated in 1966. Zoning was not adopted in the
Town of Vail until 1969 (Ordinance No. 7, Series of
1969). Since 1969 the property has been zoned High
Density Multiple Family (HDMF). Under the original zoning
ordinance, the development on lots 7 through 13 was
substantially more in compliance with the zoning
requirements than it is today under current zoning
requirements. Under the 1969 zoning code, there was only a front setback requirement and no side setback
requirements, there was no building height limitation and the GRFA limitation (then termed Floor Area Ratio -
FAR) was 1 .5 to 1, meaning that 150 sq. ft. of GRFA was allowed for each 100 sq. ft. of total land area
instead of the 0.76 to 1 ratio that exists today. (The 1969 HDMF Zone District and the plat are attached).
Now, 46 years later, the zoning on the property is more restrictive and does not appropriately recognize
traditional town house development, which is described as a series of attached homes with zero lot lines
between the units. Unlike a condominium development, town houses traditionally sit on fee simple parcels of
land, as is the case with Vail Row Houses. The lots were platted unconventionally, and are legally defined
as Lots 7 though 13, a Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village First Filing.
Under the current HDMF zoning, the individual lots are not in compliance with the following provisions:
Standard
Allowed
Existing
Lot Size
Min of 10,000 sq. ft.
Range from 2,300 sq. ft. to 5,750 sq.
R.
Frontage
Min of 30 ft.
Range from 20 ft. to 45 ft.
Density (Dwelling Unit Per Acre)
Range from 1 .3 to 3.3 du per lot
(depending on lot size)
Range from 1 to 2 du per lot
GRFA (ratio)
.76
Ran e from .7 to 1.1 1
Side setbacks
Min of 20 ft.
0 ft.
Landscape Area
30% of site area
Ranges from 7% to 53%
Parking - number of parking
spaces
1 .4 per unit
Ranges from 1 to 2 per unit
Parking - requirement for enclosed
parking
75% of required parking spaces must
be enclosed
No enclosed parking
Parking - location of parking
spaces
Parking must be within property
boundaries and not within the front
setback
Parking located within the front setback,
with portions located within the right-of-
wa
Vail Row Houses SDD
The nonconformities on the properties require the owners to seek variances with any application for
redevelopment to the property which makes the approval process cumbersome and wasteful. Numerous
variances have been granted over the years but with each new application additional variances are always
required. Under this proposal, the overall redevelopment framework will be established by the Town of Vail
Planning and Environmental Commission and Town Council, so that in the future, owners can simply seek DRB
approval for redevelopment of these older units. This has the effect of creating defined expectations for
redevelopment, both from the Town's perspective and from the owners' perspective.
This application was reviewed by the Planning and Environmental Commission on March 9, 2009. Based
on the comments of the Commissioners and the public, the following changes have been made to this
application:
1 . The GRFA proposed for Lot 13 has been substantially reduced. Rather than using a ratio for Lot
13, a cap of 6,770 sq. ft. of GRFA has been proposed for Lot 13, a reduction of 1,855 sq. ft.
This is an increase of 39% over the allowable GRFA today (versus a 77% increase over allowable
GRFA).
2. Lot 13 will donate a 10 ft. strip of land, totally approximately 915 sq. ft. along the western
property line, and limit construction to 2 ft. from this new property line. As a result, this allows for
construction no closer than 12 ft. from the existing property line. The land dedication allows the
Town to increase the size of the park and gain land adjacent to the stream tract. Based on the
recent sale of Lot 10, this value of this 915 sq. ft. of land is worth approximately $2 million.
Development potential for Lot 13 (other than GRFA, which is further restricted) will be based on
the new lot size (ie. site coverage and landscape area). The resulting relationship to the park is
similar to that of the Vorlaufer on the east side of the park and many other town home properties
in the Village area.
3. The original proposal included a public benefit of providing pavers and heat tubing for portions
of Gore Creek Drive. The Planning and Environmental Commission requested direction from the
Town Engineer regarding this as a public benefit. Tom Kassmel, Town Engineer, indicated that
the Town does not see the benefit of pavers for Gore Creek Drive (higher maintenance) and does
not believe that heating it is necessary. As a result, no improvements to Gore Creek Drive are
proposed at this time.
4. To provide additional public benefit to off-set the increase in development potential, the Vail Row
Houses will increase the inclusionary zoning requirement for employee housing from 10% to 15%.
The proposed benefits of the SDD are as follows:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%,-
• Design requirement that with any application for redevelopment, all parking surfaces to be converted
to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Land dedication of 915 sq. ft. to increase the size of the park and the stream. tract.
• Increase in employee housing requirement from 10% to 15%
Vail Row Houses SDD 2
II. INTENT OF APPLICATION
The intent of this SDD application is to allow these town houses to exist in the format [hat they have for the
past 46 years and allow them to be appropriately redeveloped in the future. The establishment of an SDD
allows the following:
Quantifying and identifying how the Vail Row Houses, Lots 7 through 13, do not meet the
requirements of the HDMF zone district and the Vail Town Code as a whole.
2. Establishing modified development regulations and requirements that eliminate the nonconforming
status of the existing dwelling units. These modified development regulations and requirements
then provide the framework for redevelopment of the property within acceptable parameters.
3. Simplifying the process for property owners to redevelop their property by eliminating the need for
individual review of variances for each lot. Redevelopment would occur under the limitations
established by the Planning and Environmental Commission and the Town Council, allowing the
Design Review Board and Town Staff to review proposals for compliance with the SDD and other
applicable regulations.
In addition to the correction being sought to remedy the existing non-conformities, the owners are also seeking
to modify the GRFA ratio so that there is an inducement to redevelopment, especially wholesale
redevelopment of a dwelling. There are good reasons to allow an increase in the GRFA ratio on this property
including but not limited to:
1 . Encouraging investment and redevelopment of structures originally developed 46 years ago;
2. Bringing development standards on this site into check with changes made elsewhere in the Town.
Lionshead zoning allows for a GRFA ratio of 2.5, Public Accommodation was amended to allow a
ratio of 1 .5, and the original HDMF zoning on this property allowed a ratio of 1 .5;
3. Increasing the ratio does not mean allowing more building height or site coverage beyond zoning
(48') but instead allowing owners to take advantage of filling the envelope they are currently
permitted.
Below is an analysis of the increased development potential of the Vail Row Houses, comparing the
allowable GRFA under the existing zoning requirements to the proposed allowable GRFA:
Vail Row Houses SDD 3
Allowable
Existing
Allowable
GRFA with
Proposed
Net Change
f
d
% Increase
GRFA
GRFA
250s
Allowable GRFA
rom propose
to
(
allowable with
over
Lot#
(.76)
(based on TOV
(1.5)
250s)
Allowable
analysis)
7
2,252
2,085
2,752
4,116
1,364
50%
8
2,713
1,986
3,213
3,921
708
22%
9
1,667
1,820
2,120
3,594
1,474
70%
10
2,477
1,721
2,977
3,398
421
14%
11
2,565
1,754
3,065
3,464
399
13%
12
2,566
2,218
3,066
4,379
1,313
43%
13
3,926
4,370
4,870
6,770
1,900
39%
TOTALS
18,166
15,957
22,063
29,641
7,578
34%
In response to the Planning and Environmental Commission's comments from the previous review, the GRFA
potential of Lot 13 has been reduced to 6,770 sq. ft., a reduction of 1,855 sq. ft. from the 8,625 sq. ft. of
the previous proposal. This has reduced the overall potential GRFA increase to 34%, or a total site increase
of only 7,578 sq. ft. It should be noted that under the current GRFA policy, if any unit were to demolish and
rebuild, which given the age of these units would be more appropriate, they would lose the ability to add
250s. This is another reason that it is appropriate to set a new standard regulating GRFA.
In addition to allowing the correction of these limiting nonconformities and creating an inducement to
redevelopment, the owners are proposing to limit the overall bulk and mass of the project by agreeing to the
following limitations:
• Reduced maximum building height at the front (south) elevation of the project to 45,1-
• Reduced site coverage above grade to 50% (currently allowed at 55%);
Vail Row Houses SDD 4
III. PUBLIC BENEFIT
We believe that what is being proposed is in and of itself a public benefit in terms of fair treatment, ease of
process, and local re-investment. However, the owners also recognize that the Town of Vail may feel that
additional public benefit is needed with this project and have proposed the following:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requirement that with any application for redevelopment, all parking surfaces to be converted
to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system,
• Land dedication of 915 sq. ft. to increase the size of the park and the stream tract.
• Increasing the employee housing requirement from 10% to 15% of net new GRFA.
Each owner will be responsible for providing either off-site employee housing or payment in-lieu of providing
housing. The employee housing requirement will be fulfilled prior to the issuance of a temporary certificate of
occupancy for the individual addition or remodel (as is required by 12-24-10).
Lot #
EHU Fee impact at
10%
Sq. Ft. Impact at 10%
EHU Fee impact at
15%
Sq. Ft. Impact at
15%
7
$ 74,308.36
186
$111,462.54
280
8
$ 48,156.92
121
$ 72,235.38
181
9
$ 76,819.86
193
$115,229.78
289
10
$ 36,695.73
92
$ 55,043.60
138
11
$ 35,818.70
90
$ 53,728.05
135
12
$ 72,255.31
181
$108,382.97
272
13
$ 113,376.06
284
$170,064.09
427
Total
$ 457,430.94
1,147
$686,146.41
1,721
The Town Code, Section 12-9A-9, states that deviations from the underlying zone district require the following
determination:
That such deviation provides benefits to the town that outweigh the adverse effects of such deviation. "
Public benefits are not intended to mitigate for private benefit received, but rather to mitigate the effects of the
deviations being sought. Most of the deviations being sought are really correcting deficiencies with the
zoning and have no relationship to the use already constructed. We believe that the proposed public
benefits for outweigh the effects of the deviations requested.
Vail Row Houses SDD 5
IV. VRH COMPARISON TO SDD #40: THE WILLOWS
Generally, when dealing with Special Development Districts, the tendency is to think of large projects, like
Solaris or the Four Seasons. However, there are actually a large number of much smaller Special
Development Districts that are similar to the SDD proposed for the Vail Row Houses. The most recent new
SDD shares a great deal of similarity with the Vail Row Houses. The Willows SDD was approved by
Ordinance 30, Series of 2006.
The Willows was an existing structure, constructed in 1971 and consisted of 28 small units. The site was
zoned HDMF and the structure was non-conforming with regards to: setbacks, density, GRFA, site coverage,
and landscape area. The primary difference between the Willows and the Vail Row Houses is that the
Willows was constructed as a condominium building, whereas the Vail Row Houses were constructed as
Townhomes, on individually platted, fee-simple lots. Though the entire structure was to be demolished,
making the entire site a clean slate for development, the Willows proposed a redevelopment scenario as a
Special Development District, maintaining the underlying zoning of HDMF. Ordinance 30, Series of 2006,
approved the Willows SDD with the following deviations: Front, Side, and Rear Setbacks, Density, GRFA,
and Site Coverage. The GRFA analysis for the Willows is strikingly similar to the GRFA analysis for the Vail
Row Houses. The Willows was permitted only 16,069 sq. ft. of GRFA (76% of the lot area) but were
approved at 32,240 sq. ft. of GRFA (152% of the lot area), more than doubling the amount of GRFA
allowed by HDMF. In supporting this amount of GRFA, Town Staff stated the following:
Though the amount of GRFA exceeds what is ollowed, Scoff believes that the proposed density (7.5 FAR)
is relotively compotible to the density levels expected in the Urban Design Guide Plon within this area.
The same statement is true at the Vail Row Houses. Also similar to the Vail Row Houses, the SDD approval for
the Willows allowed for deviations from setbacks. The HDMF requires 20 ft. setbacks from all property lines.
The Willows was approved with above-grade improvements with a front setback of 1 1 ft., a side setback of
7.5 ft., and a rear setback of 6.2 ft. The following statement was provided by the Town Staff as support for
the deviations from the setback requirements:
Regarding compatibility, the proposed building is similar to its surroundings partially because it
includes some encroachment into the setbacks, similar to that of each of its neighbors, and less of a
buffer zone than the underlying zone district requires. Many of the surrounding buildings ore located
within mere feet of the property lines. However, the neighborhood has been able to maintain its
intimate residential feel os a result. Buffer zones hove instead been provided through mature
landscaping and variation of the building facades.
Staff believes that the proposed project is compatible with and sensitive to the immediate environment
and neighborhood relative to design, scale, bulk, building height, buffer zones, identity, character,
visual integrity and orientation because of the similarity of the design and placement of the building
on its site to the design and placement of surrounding buildings on their sites.
The public benefits associated with the project included $70,000 for public art, streetscape improvements to
Willow Road including a paver sidewalk, 1 1 beds of employee housing, and a reduction in the number of
dwelling units, which some may argue was not a benefit at all, and it should be noted that the number of
dwelling units still exceeds that allowed by the underlying zoning.
Vail Row Houses SDD 6
V. CRITERIA FOR REVIEW OF A SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT
The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed
special development district. It shall be the burden of the applicant to demonstrate that submittal material and
the proposed development plan comply with each of the following standards, or demonstrate that one or
more of them is not applicable, or that a practical solution consistent with the public interest has been
achieved:
7. Compatibility.- Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Applicant Response: The architectural design of the Vail Row Houses is governed by the Design
Guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and by the
recommendations Vail Village Master Plan. Due to the uniqueness of the way the Vail Row Houses have
evolved overtime, each unit will come in individually to have the design reviewed by the Town of Vail
Staff and Design Review Boards, based on the parameters prescribed by the proposed SDD.
The scale, bulk, and building height of the Vail Row Houses are prescribed by the standards of the SDD.
The main intent of redevelopment of the Vail Row Houses is to maintain the unique character of each
home, while also maintaining common themes. Building height is the first tool used to limit the scale and
bulk of the Vail Row Houses. HDMF zoning allows for a maximum building height of 48 ft. The SDD will
limit the building height to 45 ft. along the front fo~acle (along Gore Creek Drive). This limitation is more
restrictive than the existing zoning, and will allow the Vail Row Houses to preserve its 2- to 3- story facade
along Gore Creek Drive. The Vail Village Master Plan recommends building heights of 3 to 4 stories in
this area, and therefore the proposed height is consistent with the Master Plan.
Following building height, site coverage also controls scale and bulk of a structure. The site coverage
allowed by HDMF is 55%. The proposed site coverage for the Vail Row Houses is limited to 55% below-
grade, but further restricted to 50% above-grade. This creates a smaller building footprint and reduces
the scale and bulk beyond the requirements of the existing zoning.
Buffer zones are the areas between adjacent structures and uses. Typically, setbacks mandate buffer
zones. In the case of the Vail Row Houses, these setbacks have historically been interpreted as requiring
20 ft. from all property lines, rendering development on the site impossible without variances. The
proposed SDD eliminates the requirement for the interior setbacks, and instead prescribes setbacks along
the front, rear, and east sides only. The setbacks prescribed by HDMF for the front, rear, and stream
setback will be maintained. The only deviation from what exists today requested is for the easternmost
property line of Lot 13. Originally, the SDD proposal was to maintain a 10 ft. setback from this property
line. However, there was concern about the impacts to the adjacent park. To alleviate those concerns,
the proposal has been revised to maintain a 12 ft. separation from the existing property line, and to
maintain the integrity of the park, the applicant is willing to donate their private property to the public.
Approximately 915 sq. ft. of Lot 13 will be donated to Roger Staub Park, enlarging the park by 10 ft. to
the west. lot 13 will then maintain a 2 ft. setback from the new property line. There is then
approximately 110 ft. to the Vorlaufer, which sits on the other side of Roger Staub Park. The Vorloufer
Vail Row Houses SDD 7
has no setbacks and sits on the property line it shares with the park. Therefore, the Vail Row Houses is
consistent with the other structures in the neighborhood.
Identity, character, visual integrity and orientation will be maintained for the Vail Row Houses based on
the existing development. Because each lot is relatively small and narrow, redevelopment of each lot is
limited by the development surrounding it and the restrictions placed on it by the proposed SDD.
The applicant believes that the proposed project is compatible with and sensitive to the immediate
environment and neighborhood relative to design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation because of the similarity of the design and placement of the
building on its site to the design and placement of surrounding buildings on their sites.
2. Relationship: Uses, activily and density which provide a compolib/e, efblcienl and workable relollonshlp
with surrounding uses and octivily.
Applicant Response: The uses proposed are the some as the existing - residential dwelling units. No
changes to the uses and activity are proposed. Density (dwelling units per acre) shall not be increased,
but may be decreased without an amendment to the SDD. GRFA, another method of the Town to
measure density, is proposed to increase from an allowable ratio of .76 to 1 .5. However, this increase
in GRFA is tempered with additional restrictions on site coverage and height, and is consistent with similar
projects in the area (generally, all HDMF-zoned projects in the area exceed the allowable GRFA). The
Town has also recently increased allowable GRFA for surrounding projects zoned PA, which has an
allowable GRFA ratio of 1 .5. Additionally, the original zoning applied to the property in 1969 allowed
a GRFA ration of 1 .5, so the proposed GRFA is consistent with the original ratio of the property before
those rights were taken from the property. Furthermore, the challenges related to development within this
area are evident by the number of Special Development Districts around the Vail Row Houses, including
the following (and their deviations):
#35 - Austria Hous - density, setbacks, site coverage, commercial area, common area.
#32 - Cornice Building - single family residence in HDMF, setbacks, parking in front setback
#19 - Garden of the Gods - setbacks, GRFA
#37 - Tivoli Lodge - height, loading and delivery in front setback, landscape area
#28 - Christiania - density, GRFA, common area, setbacks, parking
Special Development Districts with an underlying zoning of HDMF are also common in the general area,
including:
#38 - Manor Vail - building height, dwelling units, GRFA
#02 - Northwoods - density
#40 - the Willows - setbacks, GRFA, site coverage, density
#15 - Bishop Pork - building height, setbacks, GRFA
The unique developments that occurred in the early stages of Vail's growth lead to many challenges in
redevelopment that can only be solved through Special Development Districts, which were created to deal
with these types of challenges which could not be solved through the traditional zoning regulations.
Vail Row Houses SDD 8
3. Parking and loading: Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
Applicant Response: The intention of the proposed SDD is to maintain the number of parking spaces that
exist currently for each unit. Therefore, the parking requirement for this site is a no net loss of parking
spaces. The one exception is for Lot 13, which currently exceeds its parking requirement. Should one of
the dwelling units be eliminated on Lot 13, they would be allowed to reduce their total number of parking
spaces to 2 spaces, which complies with Town Code.
4. Comprehensive Plana Conformity with applicable elements of the Voil comprehensive plan, town policies
and urban design plans.
Applicant Response: The goals contained in several of the Town's comprehensive, guiding documents
are applicable during the review process for the establishment of a Special Development District. The
applicable plan sections below are identified as relevant to the review of this proposal.
Vail land Use Plan (in pad)
7.0 General Growth/Development
7.7 Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the permanent resident.
7.3 The quality of development should be maintained and upgraded whenever possible.
7. 72 Vail should accommodate most of the additional growth in existing developed areas (infill
areas).
4.0 Village Core / lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing character of each
area is preserved thorough implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is impodant to the identity of tail and should be preserved.
(scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan
feeling, environmental quality.)
5.0 Residential
5. 7 Additional residential growth should continue to occur primarily in existing, platted areas and
as appropriate in new areas where high hazards do not exist.
5.3 Affordable employee housing should be made available through private efforts, assisted by
limited incentives, provided by the Town of Vail with appropriate restrictions.
Vail Row Houses SDD 9
5.4 Residential growth should keep pace with 1he marketplace demands for a full range of
housing lypes.
55 The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites lhroughoul the community.
Vail Village Master Plan (in part)
The Vail Row Houses is located within 1he "Vail V llage Masler Plan " land use category. The
following slated goals of 1he Vail Village Masler Plan are applicable lo this application.
Goal #7: Encourage high qualify redevelopment while preserving 1he unique architectural scale of
1he Village in order to sustain ils sense of community and idenfily.
Objeclive 7.2: Encourage 1he upgrading and redevelopmenl of residential and commercial facilities.
Objective 7.3.- Enhance new development and redevelopmenl through public improvements done by
private developers working in cooperation with 1he Town.
Policy 7.3 7: Public improvements shall be developed wilh 1he working participation of 1he private
sector working with 1he Town.
Goal #3.- To recognize as a fop priority the enhancemenl of the walking experience lhroughoul the
village.
EAST GORE CREEK SUB AREA (#6)
A number of 1he earliest projects developed in Vail are located in 1he East Gore Creek Sub Area.
Developmenl in This area is exclusively mull! family condominium projecls with a very limited amounl of
support commercial. Surface parking is found a1 each site, which creates a very dominanl visual
impression of 1he sub-area.
Vail Row Houses SDD 10
While the level of development in East Gore Creek is generally greater than that allowed under
existing zoning, this aura has the potential to absorb density without compromising the character of
the Village. This development could be accommodated by partial infill of existing parking areas
balanced by greenspace additions or through increasing the height of existing buildings (generally
one story over existing heighN In order to maintain the architectural continuity of projecs, additional
density should be considered only in conjunction with the comprehensive redevelopment of projects.
Clearly, one of the main obleclives to consider in the redevelopment of any property should be to
improve existing parking facil ties. This includes satisfying parking demands for existing and additional
developmenl, as well as design considerations relative to redevelopment proposals. The opportunity
to introduce below grade slruclured parking will greatly improve pedesirianization and landscape
features in this area. This should be considered a goal of any redevelopment proposal in this sub-
area. Development or redevelopment of this sub-area will attract additional traffic and population info
this area and may have significant impacts upon portions of Sub Areas 7 and 10. "
(This statement is largely directed at the Texas Townhomes and Vail Trails, which have large areas of
surface parking).
5 Natural And/Or Geologic Hazard., ldeniificoiion and mitigation of natural and/or geologic hazards lhol
affect the property on which the special developmeni disirid is proposed.
Applicant Response: According to the Official Town of Vail Geologic Hazard Maps, the Vail Row
Houses are not located in any geologically sensitive areas.
6. Design Features: Site plan, building design and location and open space provisions designed to produce
a funclionol development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
The design of the Vail Row Houses is governed by the Design Guidelines prescribed in Chapter 11,
Design Review, of the Vail Town Code and by the recommendations Vail Village Master Plan. Due to the
uniqueness of the way the Vail Row Houses have evolved overtime, each unit will come in individually to
have the design reviewed by the Town of Vail Staff and Design Review Boards, based on the parameters
prescribed by the proposed SDD. As proposed, the SDD for the Vail Row Houses meets this criteria.
7 Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic
circulation.
Applicant Response: There will be no change to the existing circulation system.
8, landscaping: Functional and oesthelic landscaping and open space in order to optimize and preserve
natural features, recreation, views and fundion.
Applicant Response: The majority of lots of the Vail Row Houses do not currently comply with the
minimum landscape area requirements of the HDMF zone district. The proposed SDD would require a
minimum of 20% of the site be landscape (HDMF currently requires 30%). However, the 2 lots which are
most deficient in landscaping currently will be required to have "no net loss of landscape area" which is a
similar requirement to the properties within the commercial core and consistent with an urban village
'Jail Row Houses SDD
character. To mitigate for the lack of landscape area, as each lot is redeveloped, the proposed SDD
mandates that the parking area by converted to heated pavers. In addition, the property is surrounded by
an open space tract which includes the stream tract and Roger Staub Park.
9 Workable Plan: Phasing plan or subdwision plan Mal will maintain a workable, funclional and efficienl
relolionship Ihroughoul the developmenl of the special developmenl dislrid.
Applicant Response: The phasing of redevelopment of individual lots is one of the primary reasons for this
proposed Special Development District. Some of the units have already been redeveloped, and therefore
a comprehensive redevelopment of the site is highly unlikely. Also, due to the nature of the Vail Row
Houses (each lot is owned fee-simple, as if it were a single family lot) the intention would be to allow
each row house to have a unique character to make them look as if they developed over time (as they
have.) This "phasing" of development allows each owner to clearly understand the parameters of
redevelopment, in addition to having a clear understanding of what the neighbors are able to do, unlike
the current method of individual variances for each lot.
Vail Row Houses SDD 12
VI. VRH SDD ZONING STANDARDS
The proposal is to create a new Special Development District for the Vail Row Houses to treat the property as
a town house development. The underlying zoning would remain HDMF. The permitted, conditional, and
accessory uses as defined by the HDMF zone district would not be modified. The following outlines the
current developments regulations of HDMF and notes which regulations will be deviated from (the deviations
and/or modifications are indicated in boldandifalic):
ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (The development standards as outlined
below apply to the individuallots (lots 71hrough 13) of the Vail Row Houses, as modified for this SDD)
12-6H-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site
shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing
a square area eighty feet (80') on each side within its boundaries.
The minimum lot size shall be as the lots exist today, however allowing for minor changes to lot lines to
correct any encroachments.
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').
The minimum front and rear setback shall be 20 It. The minimum side setback shall be 0, except for lot 13
It., which shall maintain a minimum setback of 2 It. from the eastem property line (based on the new property
line following the 10 It. land donation). The 50 It. steam setback from Gore Creek shall be maintained
unless a variance is granted in accordance with Chapter 17, Vail Town Code.
Pursuant to Section 14-10.4, Porches, steps, decks or terraces or similar features located at ground level or
within 5 It. of ground level may project not more than 10 h. nor more than one-half the minimum required
dimension into a required setback area. Balconies, decks, terraces, and other similar unroofed features
projecting from a structure at a height of more than 5 ft. above ground level may project not more than 5 ft.
nor more than one-half the minimum required dimension into a required setback area. All existing decks and
patios may remain as existing.
12-6H-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof,
the height of buildings shall not exceed forty eight feet (48').
For a sloping roof, the height of buildings shall not exceed 48 ft. However, additional height restrictions
apply to the front (southem facade) to maintain the appearance of a 2-3 story builcling along Gore Creek
Drive. The eave height is limited to 45 ft. to the initial eave of the front fapade along Gore Creek Drive.
Eave height is defined as the distance from finished grade to the initial primary eave of the structure.
Vail Row Houses SDD 13
12-6H-8: DENSITY CONTROL:
Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each
one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling
units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a
dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple-family building
may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
No more than 750 sq. ft of GRFA shall be permitted for each 700 sq. H. of total site area of each lot. Due
to the increase in allowable GRFA, the (/ail Row Houses is not eligible for the 'Additional 250' as described
in 72-75-5- ADDITIONAL GROSS RE51DENTIAI FLOOR AREA (250 ORDINANCE). Lot 73 is funkier
restricted to a total of 6,770 sq. It of GRFA.
GRFA and Density for each lot shall not exceed the following.-
Lot #
GRFA
Density
lot 7
41116
2 du
lot 8
3,921
2 du
lot 9
3,594
7 du
lot 70
3,397
2 du
lot 11
3,463
2 du
lot 72
4,378
2 du
lot 73
6,770
2 du
In any case, the total number of units for Lots 7 through 73 shall not exceed 73 dwelling unite. However, if
any of the units are consolidated into fewer units on the site, no amendment to this SDD shall be required.
12-6H-9: SITE COVERAGE:
Site coverage shall not exceed fifty five percent (55%) of the total site area.
Site coverage shall not exceed 55% of the total site area of each lot, with the additional restriction that
above-grade site coverage shall not exceed 50% of the total site area of each lot.
12-6H-10: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any
area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred
(300) square feet.
At least 20% of the total site area of each lot shall be landscaped, except for lots 17 and 72. Lots 7 7 and
72 shall have no net loss of landscape area. The following is the existing landscape area of each lot.
Vail Row Houses SDD 14
lot #
Landscape
S . R.
landscape
Percento e
Lot 7
857
32%
L01 8
796
30%
101 9
658
28%
Lot 70
624
27%
Lot 71
428
12%
Lot 72
160
7%
lot 73
2,119
44%
Because of the minimal opportunity for landscaping, when redevelopment of a lot occurs, the parking surface
of the lot shall be converted to concrete unit pavers or other material (as approved by the Design Review
Board) and a snowmen system shall be installed.
12-6H-1 1: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy
five percent (75%) of the required parking shall be located within the main building or buildings and hidden
from public view or shall be completely hidden from public view from adjoining properties within a
landscaped berm. No parking shall be located in any required front setback area.
Parking requirements shall be based on the current number of parking spaces and dwelling units.
lo/ 7
2 du
2 palking spaces
Lot 8
2 du
2 parking spaces
lot 9
7 du
2 parking spaces
101 70
2 du
2 palking spaces
10177
2 du
2 parking spaces
Lot 72
2 du
2 parking spaces
Lot 73
2 du
4 parking spaces
if any dwelling units are eliminated, there shall be no fewer than 2 parking spaces for each lot. Due to site
constraints, there is no requirement for enclosed or screened parking. The parking is permitted to be located
within the front setback, and partially within the Town of Vail nghl-of-way.
Expiration and Amendment.-
This SDD is established to set zoning standards for the future redevelopment of individual dwelling units within
the SDD. Therefore, the SDD does not expire and will continue to provide the zoning standards into the
future. Nothing herein prevents an amendment to the SDD by any owner within the SDD. if an amendment
only affects the applicant's property, no wriNen consent is required from other owners within the SDD.
Vail Row Houses SDD 15
Attachment D
~ht
April 9, 2009
To: PEC
Connie Knight, President
385 Gore Creek Drive, Suite 201 ♦ Vail, CO 81657
Telephone & FAX: (970) 476-3615 4 e-mail: cknight@vail.net
Re: Row Houses Special Development District
Dear Commissioners:
It seems there is very little benefit being offered to the town
to justify a Special Development District for the Row Houses.
Since all but one of the #7-14 townhomes already have
been remodeled, a variance as the others must have
obtained, could be granted for #10, the sole remaining
original unit.
The advantage to the homeowners would be excess square
footage pushing back toward Gore Creek. The view from the
Streamwalk looking to the back of these row houses is quite
attractive with their grassy lawns. Do we really need to infill
all the grass in Vail?
Certainly, taking away any open space from the park
immediately adjacent to #14, would be a huge loss.
Thank you for your consideration,
Connie Knight
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 23, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed
regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow
for housekeeping, clarification and policy shifts for signage within the Town of
Vail, and setting forth details in regard thereto. (PEC090007)
Applicant: Town of Vail
Planner: Rachel Friede
SUMMARY
The applicant, the Town of Vail, is requesting a work session to discuss prescribed
regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for
housekeeping, clarification and policy shifts for signage within the Town of Vail, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of approval, subject to the
criteria and findings noted in Section V of this memorandum. The Title 11 Code Analysis
Report is attached for reference (see Attachment A)
II. DESCRIPTION OF REQUEST
The proposed regulation amendments are as follows (text to be deleted is in
strket4r-oug4 text that is to be added is bold italics):
III. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the text
amendment application.
Planning and Environmental Commission (PEC): The PEC is responsible for the review
of a text amendment application, pursuant to Section 11-3-1C, Amendments, Vail Town
Code, and forwarding of a recommendation to the Town Council.
1
Design Review Board (DRB): The DRB has no review authority over a text amendment
to the Vail Town Code.
Vail Town Council: The Town Council is responsible for final approval, approval with
modifications, or denial of a text amendment application, pursuant to Section 11-3-1C,
Amendments, Vail Town Code.
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 11: SIGN REGULATIONS (in part)
11-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner that
will conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town of
Vail.
2. To encourage the establishment of well designed, creative signs that enhance the
unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-3-3: PRESCRIBED REGULATIONS AMENDMENT:
A. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the sign regulations; and
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
2
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
5. Such other factors and criteria the PEC and/or town council deem applicable to
the proposed text amendment.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment, the planning and 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 applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the town in
a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the Sign Regulations; and
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council for
prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code,
pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
allow for housekeeping, clarification and policy shifts for signage within the Town of
Vail, and setting forth details in regard thereto.
3
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following motion:
"Based upon the review of the criteria outlined in Section V of Staffs
March 23, 2009, memorandum and the evidence and testimony
presented, the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, pursuant to
Section 11-3-1C, Amendments, Vail Town Code, to amend Title 11, Sign
Regulations, Vail Town Code, to allow for housekeeping, clarification and
policy shifts for signage within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality. "
VII.
ATTACHMENTS
A. Title 11 Code Analysis Report
4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 23, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed
regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
establish regulations for building wrap signs within the Town of Vail, and setting
forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
1. SUMMARY
The applicant, the Vail Valley Foundation, is requesting a final recommendation to the
Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations,
Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail
Town Code, to establish regulations for temporary building banner signs within the Town
of Vail.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of denial, subject to the
criteria and findings noted in Section V of this memorandum. A rendering of a temporary
building banner sign that complies with the proposed regulations is attached for
reference (see Attachment A).
II. DESCRIPTION OF REQUEST
The applicant is requesting permission to erect a temporary building banner sign on the
exterior of the Four Seasons, which is currently under construction, in order to advertise
community events, specifically the Vail Dance Festival. Currently, the Vail Town Code
lacks any regulations on temporary building banner signs, which by default, deems them
prohibited. In order to facilitate this request, the applicant is proposing prescribed
regulations amendments to Title 11, Vail Town Code that will allow temporary building
banner signs within the Town.
The proposed regulation amendments are as follows (text to be deleted is in
tr ethr ugh text that is to be added is bold italics):
11-2-1: Definitions:
Sign, Temporary Building Banner: A "banner-type" display attached to a building
under construction that is composed of graphics and text elements to advertise
community events
Section 11-7-15, Temporary Building Banner Signs
A. Purpose: The purpose of this section is to provide regulations for temporary
building banner signs, which may be applied to buildings undergoing a major
exterior alteration to provide advertisement for community events that have a
Town of Vail Special Events Permit and/or receive sponsorship from the
Town of Vail Special Events Committee
B. Applicability: Temporary building banner signs may be allowed on buildings
with a valid building permit for a major exterior alteration in commercial and
business districts, as listed in Section 12-7, Vail Town Code, to advertise
community events that have a Town of Vail Special Events Permit and/or
receive sponsorship from the Town of Vail Special Events Committee.
C. Number. Two (2) temporary building banner signs per development site.
D. Size: The total combined size of the temporary building banner signs,
measured by the size of the banner or by the area of graphics and text
superimposed on an exterior weatherization barrier, shall not exceed 1500
square feet per development site. The maximum size of graphics and text
associated with the building on which the sign is affixed shall not exceed the
allowable size of the building identification sign, as outlined in 11-6-4. The
combined area of text associated with the community event and graphics and
text associated with sponsors of the community event shall not exceed 30%
of the area of each sign.
E. Content. The temporary building banner sign may only include the following:
1. Graphics and text associated with community event, including one (1)
website address and one (1) contact phone number
2. Graphics and text associated with sponsors of the community event
3. Graphics and text associated with the building in which the sign is
affixed, which shall not include any phone number or website
F. Location: Temporary building banner signs shall be affixed parallel to the
building fagade and attached to scaffolding, an exterior weatherization
barrier, or to the exterior of the building. Temporary building banner signs
shall not extend above the roofline of the building.
G. Duration: The sign may be erected only while the building has an active
building permit for a major exterior alteration. Temporary building banner
signs shall be removed within 14 business days of the completion of the
advertised community event.
H. Material: The temporary building banner sign shall be fire retardant material.
Lighting: No lighting shall be allowed. Construction lighting shall not be
directed to illuminate the temporary building banner signs.
2
M. APPLICABLE DOCUMENTS
TITLE 11: SIGN REGULATIONS (in part)
11-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character
as a resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-5-2: DESIGN GUIDELINES: Any sign erected within the town of Vail should:
A. Be consistent with the scale and architecture already present in the town: Sign
location, configuration, design, and size should be aesthetically harmonious with the
mountain setting and the alpine village atmosphere of the town.
B. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are placed. The staff shall
review all proposed signs in the context of adjacent signage to verify that the sign is
appropriately placed.
11-5-3: DESIGN STANDARDS: Any sign erected within the town of Vail shall conform
to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they belong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail:
H. Any sign or structure that obstructs ingress to or egress from a required exitway, that
obstructs the view of vehicular traffic entering or exiting a public roadway, or that
creates an unsafe distraction for motor vehicle operators;
J. Any off premises sign that is not otherwise regulated by this title;
K. All billboards;
L. Pennants, banners, and bunting that are not associated with a special event permit;
V. REVIEW CRITERIA
The extent to which the text amendment furthers the general and specific
purposes of the Sign Regulations; and
Staff believes that the text amendments do not further the general and specific
purposes of the Sign Regulations because the temporary building banner signage is
vastly larger in size than any other currently allowed signage. Temporary building
banner signs will foster a feeling of an urban environment and will not fit into the
existing signage, which is contrary to the general purpose to "promote the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character
as a resort and residential community of the highest quality." This proposed shift in
Vail's character also does not further the specific purpose of encouraging "the
establishment of well designed, creative signs that enhance the unique character of
Vail's village atmosphere."
Staff does believe that the specific purpose of "preserving a successful and high
quality business environment that is aided by signs that identify, direct, and form" is
furthered by the text amendments because the temporary building banner signs will
promote community events that will provide economic stimulus to the Town.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
Because of the sheer size and character of temporary building banner signs, Staff
believes these proposed amendments will not better implement and achieve the
adopted goals, objectives and policies of the Town's Development Standards and
Comprehensive Plan. The Vail Village Master Plan Goal #1 is "Encourage high
quality redevelopment while preserving unique architectural scale of the village in
order to sustain its sense of community and identity." Similarly, the Lionshead
Redevelopment Master Plan states that "Lionshead can and should be renewed and
redeveloped to become a warmer, more vibrant environment for guests and
residents. Lionshead needs an appealing and coherent identity, a sense of place, a
personality, a purpose, and an improved aesthetic character "
The temporary building banner signs do further the economic development and
vitality goals within the portions of the Comprehensive Plan, including Goal #2 of the
Vail Village Master Plan, "To foster a strong tourist industry and promote year-round
economic health and viability for the village and for the community as a whole. "
However, there are other forums for promoting economic health that do not conflict
with other goals.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
Because of the shift in economic conditions, the Vail Valley Foundation is looking for
a new way to market their events to the community. While this may be one change in
4
condition that could help justify a shift in acceptable signage within the Town of Vail,
the community has continued to support the protection of the unique character of
Vail. Staff believes that conditions have not changed enough to warrant such a major
shift in sign policy.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
There are numerous regulations in Title 11 that conflict with the concept of temporary
building banner signs. Because the temporary building banner signs are so large
and will hang much higher as compared to currently allowed signage within the
Town, the proposed regulations conflict with Section 11-5-2, Design Guidelines,
which recommends that signs within the Town "be consistent with the scale and
architecture already present in the town" and "be compatible with the placement of
surrounding signs.
Allowing temporary building banner signs of 1500 sq ft on the exterior of a building is
also in conflict with Section 11-5-3, Design Standards, which requires that all signs in
the Town "shall not visually dominate the structure or business to which they belong. "
Temporary building banner signs by nature will serve as temporary billboards to
promote an event from an off-site location. These large signs will be visible from I-
70, and may become a distraction for drivers. For these reasons, the proposed text
amendments are in conflict with Section 11-9-2, Prohibited Signs, which outlines the
prohibition of off-site advertising and billboards, and bans any sign that "creates an
unsafe distraction for motor vehicle operators. "
5. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of denial to the Vail Town Council for
prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulation
Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, to
establish regulations for temporary building banner signs within the Town of Vail, and
setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request, the Community Development Department
recommends the Commission pass the following motion:
'Based upon the review of the criteria outlined in Section V of Staff's March 23,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission forwards a recommendation of denial to the Vail
Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to
amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's March 23,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission forwards a recommendation of approval to the
Vail Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code,
to amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Sign
Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality. "
VII.
ATTACHMENTS
1. Rendering of Temporary building banner Sign on The Four Seasons
6
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed
regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
establish regulations for building wrap signs within the Town of Vail, and setting
forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
1. SUMMARY
The applicant, the Vail Valley Foundation, is requesting a final recommendation to the
Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations,
Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail
Town Code, to establish regulations for temporary building banner signs within the Town
of Vail.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of denial, subject to the
criteria and findings noted in Section V of this memorandum. A rendering of a temporary
building banner sign that complies with the proposed regulations (Attachment A) and a
rendering of a potential sign design for the Vail Dance Festival at the Four Seasons
(Attachment B) are attached for reference.
II. DESCRIPTION OF REQUEST
The applicant is requesting permission to erect a temporary building banner sign on the
exterior of the Four Seasons, which is currently under construction, in order to advertise
community events, specifically the Vail Dance Festival. Currently, the Vail Town Code
lacks any regulations on temporary building banner signs, which by default, deems them
prohibited. In order to facilitate this request, the applicant is proposing prescribed
regulations amendments to Title 11, Vail Town Code that will allow temporary building
banner signs within the Town.
The proposed regulation amendments are as follows (text to be deleted is in
str eth ugh text that is to be added is in bold italics):
11-2-1: Definitions:
Sign, Temporary Building Banner: A "banner-type" display attached to a building
under construction that is composed of graphics and text elements to advertise
community events
Section 11-7-15, Temporary Building Banner Signs
A. Purpose: The purpose of this section is to provide regulations for temporary
building banner signs, which may be erected on buildings under construction
to provide advertisement for community events that have a Town of Vail
Special Events Permit and/or receive sponsorship from the Town of Vail
Special Events Committee
B. Applicability: Temporary building banner signs may be allowed on buildings
with a valid building permit for new construction or a demo/rebuild in
commercial and business districts, as listed in Section 12-7, Vail Town Code,
to advertise community events that have a Town of Vail Special Events
Permit and/or receive sponsorship from the Town of Vail Special Events
Committee.
C. Number. Two (2) temporary building banner signs per development site.
D. Size: The total combined size of the temporary building banner signs shall
not exceed 1500 square feet per development site. The maximum size of
graphics and text associated with the building on which the sign is erected
shall not exceed the allowable size of the building identification sign, as
outlined in 11-6-4. The combined area of text associated with the community
event and graphics and text associated with sponsors of the community
event shall not exceed 30% of the area of each sign.
E. Content. The temporary building banner sign may only include the following:
1. Graphics and text associated with community event, including one (1)
website address and one (1) contact phone number
2. Graphics and text associated with sponsors of the community event
3. Graphics and text associated with the building in which the sign is
affixed, which shall not include any phone number or website
F. Location: Temporary building banner signs shall be affixed parallel to the
building fagade and attached to scaffolding, an exterior weatherization
barrier, or to the exterior of the building. Temporary building banner signs
shall not extend above the eave line of the building.
G. Duration: The signs may be erected only while the building has an active
building permit for new construction or a demo/rebuild, as defined by Section
12-2-2. Temporary building banner signs shall be removed within 14
business days of the completion of the advertised community event.
H. Material: The temporary building banner sign shall be fire retardant material.
Lighting: No lighting shall be allowed. Construction lighting shall not be
directed to illuminate the temporary building banner signs.
2
M. APPLICABLE DOCUMENTS
TITLE 11: SIGN REGULATIONS (in part)
11-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character
as a resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-5-2: DESIGN GUIDELINES: Any sign erected within the town of Vail should:
A. Be consistent with the scale and architecture already present in the town: Sign
location, configuration, design, and size should be aesthetically harmonious with the
mountain setting and the alpine village atmosphere of the town.
B. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are placed. The staff shall
review all proposed signs in the context of adjacent signage to verify that the sign is
appropriately placed.
11-5-3: DESIGN STANDARDS: Any sign erected within the town of Vail shall conform
to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they belong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail:
H. Any sign or structure that obstructs ingress to or egress from a required exitway, that
obstructs the view of vehicular traffic entering or exiting a public roadway, or that
creates an unsafe distraction for motor vehicle operators;
J. Any off premises sign that is not otherwise regulated by this title;
K. All billboards;
L. Pennants, banners, and bunting that are not associated with a special event permit;
V. REVIEW CRITERIA
The extent to which the text amendment furthers the general and specific
purposes of the Sign Regulations; and
Staff believes that the text amendments do not further the general and specific
purposes of the Sign Regulations because the temporary building banner signage is
vastly larger than any other currently allowed signage. Temporary building banner
signs will foster a feeling of an urban environment, which is contrary to the general
purpose to "promote the coordinated and harmonious design and placement of signs
in the town in a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of the highest
quality. " This proposed shift in Vail's character also does not further the specific
purpose noted in Section 11-1-2B, of encouraging "the establishment of well
designed, creative signs that enhance the unique character of Vail's village
atmosphere."
Staff does believe that the specific purpose, noted in Section 11-1-2B, of "preserving
a successful and high quality business environment that is aided by signs that
identify, direct, and form" is furthered by the text amendments because the
temporary building banner signs will promote community events that will provide
economic stimulus to the Town.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
Because of the size and character of the proposed temporary building banner signs,
Staff believes these proposed amendments will not better implement and achieve the
adopted goals, objectives and policies of the Town's Development Standards and
Comprehensive Plan. The Vail Village Master Plan Goal #1 is to "encourage high
quality redevelopment while preserving unique architectural scale of the village in
order to sustain its sense of community and identity." Similarly, the Lionshead
Redevelopment Master Plan states that "Lionshead can and should be renewed and
redeveloped to become a warmer, more vibrant environment for guests and
residents. Lionshead needs an appealing and coherent identity, a sense of place, a
personality, a purpose, and an improved aesthetic character."
The temporary building banner signs do further the economic development and
vitality goals within the portions of the Comprehensive Plan, including Goal #2 of the
Vail Village Master Plan, "To foster a strong tourist industry and promote year-round
economic health and viability for the village and for the community as a whole. "
However, there are other methods for promoting economic health that do not conflict
with other goals.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
4
Because of the shift in economic conditions, the Vail Valley Foundation is looking for
a new way to market their events to the community. While this may be one change in
condition that could help justify a shift in acceptable signage within the Town of Vail,
the community has continued to support the protection of the unique character of
Vail. Staff believes that conditions have not changed to warrant such a shift in sign
policy.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
There are numerous regulations in Title 11 that conflict with the concept of temporary
building banner signs. Because the temporary building banner signs are large and
will hang much higher as compared to currently allowed signage within the Town, the
proposed regulations conflict with Section 11-5-2, Design Guidelines, which
recommends that signs within the Town "be consistent with the scale and
architecture already present in the town" and "be compatible with the placement of
surrounding signs. "
Allowing temporary building banner signs of 1500 sq ft on the exterior of a building is
also in conflict with Section 11-5-3, Design Standards, which requires that all signs in
the Town "shall not visually dominate the structure or business to which they belong. "
Temporary building banner signs by nature will serve as temporary billboards to
promote an event from an off-site location. These large signs will be visible from I-
70, and may become a distraction for drivers. For these reasons, the proposed text
amendments are in conflict with Section 11-9-2, Prohibited Signs, which outlines the
prohibition of off-site advertising and billboards, and bans any sign that "creates an
unsafe distraction for motor vehicle operators." This is why billboards are prohibited,
per Section 11-9-2K.
5. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of denial to the Vail Town Council for
prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulation
Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, to
establish regulations for temporary building banner signs within the Town of Vail, and
setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request, the Community Development Department
recommends the Commission pass the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's April 13,
2009 memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of denial to the Vail
Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to
amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is not compatible with the development objectives of the Town; and
2. That the amendment does not further the general and specific purposes of
the Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code;
and
3. That the amendment does not promote the health, safety, morals, and
general welfare of the Town and does not promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort
and residential community of the highest quality. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's April 13,
2009 memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to
amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Sign
Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality. "
VII. ATTACHMENTS
A. Rendering of Temporary building banner Sign on The Four Seasons
B. Rendering of Vail Dance Festival Sign
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Attachment A
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: April 13, 2009
SUBJECT: A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9,
Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow
for an addition within the front setback located at 1838 Sierra Trail/Lot 15, Vail
Village West Filing 1. (PEC090008)
Applicant: John Brennan, represented by LKSM Design, P.C.
Planner: Bill Gibson
After publication of the April 13, 2009, agenda; the applicant
requested that this item be tabled to the Commission's April 27, 2009,
public hearing. Therefore, no Staff memorandum has been included
in this packet.
1
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major
amendment to Special Development District No. 2, Northwoods, pursuant to
Article 12-9(A), Special Development District, Vail Town Code, to allow for a
lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos
Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth
details in regard thereto. (PEC090009)
Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen
Pierce Architects
Planner: Nicole Peterson
SUMMARY
The Applicant, Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce
Architects, has requested a major amendment to Special Development District (SDD)
No. 2, Northwoods, to allow for a lobby addition and locker reconfiguration; located at
600 Vail Valley Drive (Pinos Del Norte).
Staff is recommending approval, with conditions of the major amendment to SDD No.
2, Northwoods, based upon the criteria and findings found in Section VII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
This is a major amendment to SDD No. 2, Northwoods, which requires a
recommendation by the Planning and Environmental Commission and an ordinance
review and approval by Town Council. The applicant is proposing the following
improvements to the Pinos Del Norte building and property:
• Common lobby addition (280 so
• Reconfiguration and increase of existing outdoor storage lockers (16 to 20)
• Boiler room remodel and addition (14 so
• Heated pavers and reconfigured sidewalk and patio
• Porte cochere (15' x19' roof)
• Exterior garage doors, fagade and retaining walls
• Landscaping improvements at garage entrance and lobby
The proposed lobby addition and locker reconfiguration trigger a major amendment
requirement under Section 12-9A-2, Vail Town Code; because the proposed lobby
addition expands the existing building footprint more than five feet, and the lockers were
originally built under a major amendment (Ordinance No. 33, Series of 1991). No
additional GRFA is proposed; as the additions are `common space' as referenced in
Section 12-15-3(B)(1)(a) Common Spaces, Vail Town Code.
III. BACKGROUND
Special Development District (SDD) No. 2, Northwoods, was adopted by Ordinance No.
6, Series of 1974. The Pinos Del Norte (Building C) and property is part of SDD No. 2,
however it is managed by a separate homeowner's association from the Northwoods
Condominiums (Buildings A, B, D, E, and F). SDD No. 2 has been amended two times
since its inception including the following:
1. Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and
minor arcades as accessory uses.
2. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage
lockers, boulder retaining wall, sidewalk and landscaping.
IV. ROLES OF THE REVIEWING BOARDS
Planning and Environmental Commission (PEC):
The PEC shall review the Major Amendment to a Special Development District pursuant
to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The
Planning and Environmental Commission may recommend approval of the
amendment, may recommend approval with such conditions as it deems
necessary to accomplish the purpose of this title, or may recommend denial of the
amendment.
Town Council:
The Town Council shall consider but shall not be bound by the recommendation of the
Planning and Environmental Commission. The Town Council shall approve, approve
with conditions or deny the proposed amendment by ordinance, pursuant to criteria set
forth in Section 12-9A-8: Design Criteria and Necessary Findings.
V. APPLICABLE PLANNING DOCUMENTS
Section 12-9A: Special Development (SDD) District
12-9A-1: PURPOSE: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new development
with the town; to facilitate the adequate and economical provision of streets and
utilities; to preserve the natural and scenic features of open space areas; and to
further the overall goals of the community as stated in the Vail comprehensive plan.
12-9A-2: DEFINITIONS (in part)
Major Amendment: Any proposal to change uses; increase gross residential
floor area; change the number of dwelling or accommodation units; modify,
enlarge or expand any approved special development district (other than `minor
amendments' as defined in this section).
Minor Amendment: Modifications to building plans, site or landscape plans that
do not alter the basic intent and character of the approved special development
district, and are consistent with the design criteria of this article. Minor
2
amendments may include, but not be limited to, variations of not more than five
feet (5) to approved setbacks and/or building footprints.
VI.
VII.
ZONING AND LAND USE
Zoning: Special Development District No. 2 and underlying High
Density Multiple Family (HDMF) District
Land Use Plan Designation: Medium Density Residential
Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet
Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet
(Northwoods 1999 survey & Pinos Del Norte 2005 survey)
The following standards are for the entire SDD No. 2
Development Standard
Allowed/Reg.*
Exist/Approved
Proposed
Min.
Setbacks**:
North:
10'
12' (Bldg C)
No change
South:
10'
23' (Bldg F)
No change
East:
10'
27' (Bldg F)
No change
West:
10'
5' (lockers)
2'
Max
. Building Height:
45 feet
2-5 stories
No change
Max
. Density:
139 DU***
92 DU
No change
Max
. GRFA:
175,000 sf
154,638.8 sf
No change
Max
. Site Coverage:
25%
24.4% (61,506 sf)
24.6% (61,869)
(363 sf proposed)
Min.
Landscape Area:
60%
62.6%
62.4%
(545 sf proposed)
Min.
Open Space:
38,659.7****
157,629
157,084
* The allowed or required development standards were gathered from Ordinance No. 33, Series of 1991
and are not proposed to change in the draft Ordinance No. 10, Series of 2009.
Setbacks are measured from property line to exterior walls at the closest point and are applied to the
perimeter of SDD No. 2. Existing setback measurements were gathered from the 1999 topographic site
survey of Northwoods and the 2005 topographic site survey of Pinos Del Norte.
The original approved development plan for SDD No. 2 included 139 dwelling units, however only 92
units were constructed (Additional units were planned for the F building site).
The minimum open space required is set forth in Ordinance No. 33, Series of 1991, which states: 1 sq.
ft. per 4 sq. ft. of GRFA (Existing = 154,638.8) or 125 sq. ft. per dwelling (Existing = 92). The greater of the
two options is the GRFA calculation which resulted in 38,659.7 sq. ft.
REVIEW CRITERIA AND FINDINGS
Section 12-9A-8, below, outlines the design criteria for Special Development Districts.
Staff has responded to each of the criteria as they relate to the proposed improvements
at Pinos Del Norte.
3
12-9A-8: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is
not applicable, or that a practical solution consistent with the public interest has been
achieved:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale,
bulk, building height, buffer zones, identity, character, visual integrity and
orientation.
The applicant is proposing to update and remodel the Pinos Del Norte building
and site to improve the overall visual character and architectural design of the
building and site. The proposed improvements include:
• Common lobby addition (280 sf)
• Reconfiguration and increase of existing outdoor storage lockers (16 to 20)
• Boiler room remodel and addition (14 sf)
• Heated pavers and reconfigured sidewalk and patio
• Porte cochere (15' x19' roof)
• Exterior garage doors, fagade and retaining walls
• Landscaping improvements at garage entrance and lobby
Staff believes that the general design and character, of the proposed additions are
compatible with the existing building and neighborhood and that the additions
further the visual integrity of the development. The proposed lobby addition is in a
location that is not visible from the public right-of-way, or surrounding properties
and the improvements to the vehicle entry area enhances the aesthetics of the
site from Vail Valley Drive.
Staff is concerned, however with the lack of a `buffer zone,' as identified in this
criterion, or setback along the west property line. The applicant is proposing to
construct the reconfigured lockers closer to the west property line (2-2.5 feet) than
they exist today (5 feet). Therefore, Staff is recommending, through a draft
condition, that the applicant revise development plans, prior to final design
approval, that illustrate the lockers setback a minimum of 5 feet from the west
property line. The reason for the minimum setback is to maintain a more
appropriate distance or `buffer zone' from the adjacent property and not encroach
further into the existing 10 foot utility easement, along the west property line.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Staff believes the proposed uses, activities and density continue to provide a
compatible, efficient and workable relationship with surrounding uses and activity.
The proposed improvements are meant to increase the usable function of the
existing uses and activities and provide an enhanced arrival experience at the
vehicular and pedestrian entrances to the site. No additional density (GRFA) is
4
proposed because the additions are `common space' as referenced in Section 12-
15-3(13)(1)(a) Common Spaces, Vail Town Code. With no additional GRFA, there
is no Inclusionary Zoning (employee housing) mitigation requirement.
C. Compliance with parking and loading requirements as outlined in Chapter
12-10 of the Vail Town Code.
The proposed improvements do not generate the need for additional parking
spaces. The current site is in compliance with the requirements set forth in
Chapter 12-10, Vail Town Code. The proposed improvements including the new
retaining walls, garage fagade and porte cochere are meant to improve the
aesthetics and efficiency of the vehicular entrance to the site.
D. Conformity with the applicable elements of the Vail Comprehensive Plan.
Staff has reviewed the Town of Vail Land Use Plan and believes the Plan goals
listed below are upheld by the proposed additions.
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the proposed
additions are not located in any geologically sensitive areas or within the 100-year
floodplain of Gore Creek or its tributaries.
F. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The proposed improvements do not further disturb any natural features or
vegetation. The proposed improvements are sensitive to existing trees and
landscaping and will improve the aesthetics of the building and site.
G. A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
The applicant is proposing improved pedestrian circulation by proposing heated
pavers and new sidewalk/ patio area at the pedestrian entrance. The applicant
also plans to improve the vehicle entrance and circulation efficiency by installing a
new porte cochere, reconfiguring the dumpster enclosure for improved efficiency
5
and generally updating and improving the fagade of the garage entrance area.
Staff believes the proposed remodel will improve the pedestrian and vehicle
experience on-site and that the proposal has little to no effect on the off-site traffic
circulation.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Landscaping along Vail Valley Drive is being substantially upgraded with the
replacement of the existing gabion walls with stone veneer walls, the addition of
wrought iron gates and the addition of numerous plants. Staff believes the
landscaping plan will preserve and improve the natural appearance of the site.
Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
The applicant is proposing to construct the improvements all at once; no phasing is
proposed.
VIII
STAFF RECOMMENDATION
memorandum and the evidence and testimony presented.
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval, with conditions
of the proposed amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12-9A, Vail Town Code, to the Vail Town Council. Staff's
recommendation is based upon the review of the criteria found in Section VII of this
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council of this proposed amendment, the
Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission recommends approval, with
conditions, of a major amendment to Special Development District No. 2,
Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town
Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail
Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7,
and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development Department suggests the following
conditions:
Design Review:
1. The applicant shall submit revised development plans that illustrate the proposed
ski storage lockers setback a minimum of 5 feet from the west property line, prior
to the final review of the development plans by the Town of Vail Design Review
Board.
2. The applicant shall receive final review and approval of the location of the
proposed lockers within the utility easement along the west property line, by the
6
utility companies, prior to the final review of the development plans by the Town
of Vail Design Review Board.
3. The applicant shall receive final review and approval of a sign permit for any
proposed sign, by the Town of Vail Design Review Board, prior to installation of
any signs on the property.
4. The applicant shall receive final review and approval of the proposed
development plan, by the Town of Vail Design Review Board, prior to application
of a building permit.
Building Permit:
5. The applicant shall receive final review and approval of an encroachment
agreement for the proposed lockers in the utility easement, by the Eagle River
Water and Sanitation District, prior to issuance of a building permit.
6. The applicant shall receive final review and approval of a fire safety plan for any
proposed changes or alterations to the fire alarm and fire sprinkler systems, by
the Town of Vail Fire Department, prior to issuance of a building permit.
7. The applicant shall receive final review and approval of a revocable right-of-way
permit for any landscaping or improvements in the right-of-way, by the Town of
Vail Public Works Department, prior to issuance of a Certificate of Occupancy.
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development recommends the Commission makes the
following findings:
"The Planning and Environmental Commission finds:
1. That the amendment complies with the design criteria, based upon the review
outlined in Section Vll of the Staff's April 13, 2009, memorandum to the
Planning and Environmental Commission; and
2. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town, based
upon the review outlined in Section Vll of the Staffs April 13, 2009,
memorandum to the Planning and Environmental Commission; and
3. That the amendment is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, based upon the review outlined in
Section Vll of the Staffs April 13, 2009, memorandum to the Planning and
Environmental Commission; and
4. That the amendment does promote the health, safety, morals, and general
welfare of the Town, and does promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality, based upon the review outlined in Section
VII of the Staffs April 13, 2009, memorandum to the Planning and
Environmental Commission.
IX. ATTACHMENTS
A. Vicinity Map
B. Plans
C. Draft Ordinance No. 10, Series of 2009
7
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: April 13, 2009
SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12-
86-3, Conditional Uses, Vail Town Code, to allow for the construction of an
accessory building (irrigation pump house) at the Vail Golf Course, located at
1980 South Frontage Road East/Unplatted, and setting forth details in regard
thereto. (PEC090010).
Applicant: Vail Recreation District
Planner: Bill Gibson
SUMMARY
The applicant, Vail Recreation District, is requesting a final review of a conditional use
permit, pursuant to Section 12-813-3, Conditional Uses, Vail Town Code, to allow for the
construction of an accessory building (irrigation pump house) at the Vail Golf Course,
located at 1980 South Frontage Road East/Unplatted, and setting forth details in regard
thereto.
Based upon Staff's review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Staff recommends approval, with
condition(s), of this request subject to the findings noted in Section VII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to construct a 30 foot by 30 foot building to house the Vail
Golf Course's replacement irrigation pumps and fertigation system. The proposed
building will be located adjacent to the Golf Course's existing pump house which is
scheduled to be razed or converted into a golfer weather shelter. A vicinity map
(Attachment A) and the applicant's request (Attachment B) have been attached for
reference.
III. BACKGROUND
On April 1, 2009, the Design Review Board conceptually reviewed the proposed
accessory building; and the Board was generally supportive of the applicant's proposal.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, conditional use permit 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.
1
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a conditional use permit application, in
accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code.
V
Design Review Board:
The Design Review Board has no review authority over a conditional use permit
application. However, the Design Review Board is responsible for the final
approval, approval with modifications, or denial of any accompanying design
review application.
decision of the Planning and Environmental Commission and/or Design Review
Board.
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
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
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
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, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
2
ARTICLE 12-8B: OUTDOOR RECREATION (OR) DISTRICT (in part)
12-8B-1: Purpose:
The outdoor recreation district is intended to preserve undeveloped or open
space lands from intensive development while permitting outdoor recreational
activities that provide opportunities for active and passive recreation areas,
facilities and uses.
Chapter 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
VI. SURROUNDING LAND USES AND ZONING
Land Uses
Zoning
North:
1-70 Right-of-Way
Not Zoned
South:
Golf Course
Outdoor Recreation District
East:
Golf Course
Outdoor Recreation District
West:
Golf Course
Outdoor Recreation District
VII. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes this proposal will facilitate improvements to the efficiency and
effectiveness of the Vail Golf Course irrigation system. Staff believes such
improvements to this public recreation facility are consistent with the Town's
development objectives of creating a world class resort experience.
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.
Since this proposed accessory building replaces an existing golf course pump house,
Staff does not believe this proposal will have a significant negative effect on the above
criterion in comparison to existing conditions. In fact, Staff believes the approval of this
3
conditional use permit will have the positive effect of improving the Vail Golf Course
"recreation facility".
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Since this proposed accessory building replaces an existing golf course pump house,
Staff does not believe this proposal will have a significant negative effect on the above
criteria in comparison to existing conditions. Additionally, the new accessory building is
an unoccupied structure that is not accessible by the general public.
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.
Since this proposed accessory building replaces an existing golf course pump house;
Staff believes this proposal is consistent with the character, scale, and bulk of the other
uses in the surrounding area. The Design Review Board has conceptually reviewed the
design review application associated with this conditional use permit and the Board
generally supported the proposed architectural style of the new building. The design
review application associated with this request is tentatively scheduled for a final review
at the Board's April 15th public hearing.
VIII. STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and
Environmental Commission approves, with condition(s), this request for a final review
of a conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town
Code, to allow for the construction of an accessory building (irrigation pump house) at
the Vail Golf Course, located at 1980 South Frontage Road East/Unplatted, and setting
forth details in regard thereto. Staff's recommendation is based upon the review of the
criteria described in Section VI of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town
Code, to allow for the construction of an accessory building (irrigation pump
house) at the Vail Golf Course, located at 1980 South Frontage Road
East/Unplatted, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Department of Community Development recommends the
Commission pass the following condition:
"1. The approval of this conditional use permit is contingent upon the applicant
obtaining approval of the design review application associated with this
proposal. "
4
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission makes the following findings:
'Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated April 13,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed accessory building is in accordance with the purposes of the
Zoning Regulations and the Outdoor Recreation District as referenced by
Section V of this Staff memorandum to the Planning and Environmental
Commission dated April 13, 2009.
2. The proposed accessory building and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed accessory building complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as
referenced by Section V of this Staff memorandum to the Planning and
Environmental Commission dated April 13, 2009."
IV. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
5
Attachment A
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Attachment B
NJO
VAIL RECREATION
D I S T R I C T
To: Design Review Board
From: Vail Recreation District
Date:03/17/09
RE: Vail Golf Course Pump House Project
AR 17 2009
TOWN CAF W. M[~
The Vail Recreation District (VRD), working in conjunction with the Town of Vail (TOV) is currently working on plans
to build a new Golf Course Irrigation Pump House.
Background:
The TOV & VRD have partnered to replace the irrigation system on the Vail Golf Course. The first phase of the
project is to install the wet well and construct the building to house the pump and fertigation system.
Purpose:
To construct a building to protect all irrigation pumps and fertigation. To have an aesthetically pleasing and quite
building on the Vail Golf Course.
Details:
Site work and construction of a 30' X 30' building.
Thank you for your time.
Sincerely,
Scott F. O'Connell
Building, Facility & Maintenance Manager
Vail Recreation District
(970) 477-5264
soconnell@vailrec.com
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Tom Kassmel, Public Works Department
DATE: April 13, 2009
SUBJECT: A request for a work session to discuss the adoption of amendments to the Vail
Transportation Master Plan, and setting forth details in regard thereto.
(PEC090005)
SUMMARY
The Town of Vail, in conjunction with the Colorado Department of Transportation, Is, in - Formatted: Font: (Default)Arial, 11
the process of updating the Vail T1ansportation Master Plan in response_to the on-going Pt
and projected, increases _in` development activity,- the_`esults of pasI_master -planning l\ \ , Formatted: Font: (Default) Arial, 11
processes, and pending redevelopment plans.
Formatted: Font: (Default) Arial, 11
On March 23, 2009, the Planning and Environmental Commission held a work session to 'oPt
discuss the proposed master plan. Several questions and follow-up items were Formatted: Font: (Default) Arial, 11
identified during this work session. Staff will present additional analysis and information pt
at this work session to address the following items: Formatted: Font: (Default) Arial, 11
Pt
1. Demographic statistics: Why does one source project 34,172 future jobs and Formatted: Font: (Default)Arial, 11
another projects 34,782 jobs? Pt
Formatted: Font: (Default) Arial, 11
2. Parking Demand: How does the parking table relate to potential future increases to Pt
the allowed skier numbers? Formatted: Font: (Default) Arial, 11
Pt
3. Transit Ridership: How is transit ridership incorporated in the plan? What can be
done to change current culture to increase transit use? How would significant
increases in transit use affect the master plan assumptions?
4. The 15th Busiest Day: Why is the proposed master plan calibrated to address the
parking demands and transportation service levels of the 15th busiest day of the
year?
5. Managed Solutions: Instead of constructing roadway improvements, why not
"manage" transportation during peak times (for example, temporarily change roads to
one-way traffic only)?
6. Timing: Should the Town be investing resources in transportation infrastructure to
only address peak times; or should the Town wait to make investments at such time
when traffic service levels are no longer acceptable to residents and guest?
7. Simba Run Underpass: What would be the result of only constructing the Simba
Run Underpass, and no other infrastructure improvements? What would be the result
all infrastructure improvements except the Simba Run Underpass?
8. Level of Service: How do the levels of service (A through F) translate into actual
travel times?
9. Additional Asphalt: Is it really necessary to double or triple the width of the
Frontage Roads? Formatted: Font: (Default) Arial, 11
Pt
II. STAFF RECOMMENDATION
The Public Works Department and Community Development Department request the
Planning and Environmental Commission tables this item to its April 27, 2009, public
hearing for further review.
2
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PLANNING AND ENVIRONMENTAL COMMISSION
April 13, 2009
1:OOpm
1000F U I
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Swearing in by Loreli Donaldson
Training - Matt Mire, Town Attorney 45 minutes
Site Visits:
1. Brennan Residence - 1838 Sierra Trail
2. Vail Row Houses - 303 Gore Creek Drive
3. Pinos del Norte - 600 Vail Valley Drive
4. Golf Course Pump House - 1980 South Frontage Road East
45 minutes
1. A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to establish regulations for building wrap
signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE
20 minutes
3. A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site Coverage,
Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the front
setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1. (PEC090008)
Applicant: John Brennan, represented by LKSM Design, P.C.
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
30 minutes
4. A request for a recommendation to the Vail Town Council on a proposed major amendment to
Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special
Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration;
located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing
7, and setting forth details in regard thereto. (PEC090009)
Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
5. A request for a final review of a conditional use permit, pursuant to Section 12-813-3, Conditional
Uses, Vail Town Code, to allow for the construction of an accessory building (irrigation pump
house) at the Vail Golf Course, located at 1980 South Frontage Road East/Unplatted, and
setting forth details in regard thereto. (PEC090010).
Applicant: Vail Recreation District
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
60 minutes
6. A request for a work session to discuss the adoption of amendments to the Vail Transportation
Master Plan, and setting forth details in regard thereto. (PEC090005)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
5 minutes
7. A request for a final review of a preliminary plan for a major subdivision, pursuant to Chapter 13-
3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and
1031 South Frontage Road West, and the South Frontage Road West rig ht-of-wa y/U n platted (a
complete legal description is available for inspection at the Town of Vail Community
Development Department), and setting forth details in regard thereto. (PEC080062)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
8. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West rig ht-of-wa y/U n platted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
Page 2
5 minutes
9. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to,
multiple-family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West rig ht-of-wa y/U n platted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
10. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
11. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-way
which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
5 minutes
12. A request for a work session to discuss the prescribed regulations amendments to Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment,
Vail Town Code, to allow for housekeeping, clarification and policy shifts for signage within the
Town of Vail, and setting forth details in regard thereto. (PEC090007)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Withdrawn
MOTION: SECOND: VOTE:
13. Approval of March 23, 2009 minutes
MOTION: SECOND: VOTE:
14. Information Update
15. Adjournment
MOTION: SECOND: VOTE:
Page 3
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 10, 2009, in the Vail Daily.
Page 4
PLANNING AND ENVIRONMENTAL COMMISSION
March 23, 2009
6 j. 1:00pm
TOWN OF YAfI+
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo
Michael Kurz
Sarah Paladino
Bill Pierce
Scott Proper
Susie Tjossem
David Viele
Site Visits: No Site Visits
5 minutes
A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Tabled to April 13, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 (Proper not present)
5 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to establish regulations for building wrap
signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
ACTION: Tabled to April 13, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 (Proper not present)
30 minutes
3. A request for a final review of a preliminary plan for a major subdivision, pursuant to Chapter 13-
3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and
1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a
complete legal description is available for inspection at the Town of Vail Community
Development Department), and setting forth details in regard thereto. (PEC080062)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell/George Ruther
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
CONDITION(S):
1. That this approval is solely for the establishment of the width of the Colorado
Department of Transportation (CDOT) right-of-way containing the relocated South
Page 1
Frontage Road, the location of the 20-foot right-of-way, and a the location of a 3-foot
signage, lighting, and sidewalk easement.
2. The design submitted is preliminary in nature and to this point there is still significant
further design and review which may modify the overall final design of the roadway.
This includes the proposed development uses, access points and traffic operations of
the development accesses, drainage design, structural design, as well as review by
the Vail Town Council, Town of Vail Design Review Board, Planning and
Environmental Commission, Town Staff, Colorado Department of Transportation and
Federal Highway Administration and their consultants. There will also be a review for
environmental clearances by outside agencies and subsequent referral agencies such
as the Corps of Engineers and Division of Wildlife. Furthermore, the two roundabouts
will be reviewed by a third party roundabout expert and optimized for traffic
operations. This may cause adjustments in the geometrics of the roundabout designs.
The applicant shall return before the appropriate Town reviewing authority(s) for
review and approval of any changes required by any of the reviewing parties listed
above that affect the elements approved within this request for the preliminary plan.
3. The developer may enter into a license agreement with the Town of Vail to allow for
temporary shoring and temporary construction activities to occur within the area of
the platted 20-foot wide Town of Vail right-of-way. The Town of Vail agrees to not
unreasonably withhold the developer's request to utilize the right-of-way for
temporary shoring and temporary construction activity.
Warren Campbell made a presentation per the Staff memorandum. He added that staff was
requesting that Condition 3 be replaced by an amended condition.
Tom Kassmel, Town Engineer, stated that the current plan reflects all the changes discussed by
the Commission and Staff and the result is a design which the Staff supports.
Warren Campbell added that Attachment C includes the Simba Run roundabout and potential
road design if the Frontage Road was not constructed at the time of the realigned Frontage
Road. The Town has yet to decide whether the roundabout and underpass will occur and the
plans show both options to allow the PEC to make decisions on both options.
Tom Miller, representative of Vail Resorts Development Company, made a presentation on items
that have been resolved from the last PEC meeting, including Frontage Road retaining wall
design, snow storage, and revised round-about design.
Dominic Mauriello, of Mauriello Planning Group, a representative of the Vail Resorts
Development Company, showed the preliminary plan and noted that this preliminary plan would
proceed to a final plan in the future. If the Town would get the ROW, then the applicant would
reserve the right to use the property for shoring, etc. Mauriello asked that the PEC approve the
preliminary plan, including the roadway configuration, etc.
There was no public comment.
The Commissioners expressed their support for the design and felt that the changes and
compromises made over the past months resulted in a favorable road design.
Commissioner Kurz asked what the purpose is of the shoring that was being discussed.
Page 2
Tom Miller responded that the temporary shoring will be the first step in construction of the
improvements such as parking structures and buildings on the site.
Commissioner Paladino asked if the Town has guaranteed the land for shoring, and what impact
would this have on the project.
Tom Miller responded that the Town has not guaranteed the right to shore within the right-of-way
and if the soil nail were not permitted, the project may not occur as other shoring systems were
much more costly.
Commissioner Tjossem asked what the timeline was for granting permission to shore in the right-
of-way.
Warren Campbell responded that the Town is working with the applicant and this issue will likely
be discussed when the proposed frontage road design is reviewed by the Town Council prior to
submittal to CDOT.
30 minutes
4. A request for a work session to discuss the prescribed regulations amendments to Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment,
Vail Town Code, to allow for housekeeping, clarification and policy shifts for signage within the
Town of Vail, and setting forth details in regard thereto. (PEC090007)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to April 13, 2009
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
Rachel Friede made a presentation per the Staff memorandum.
On the topic of Staff review of signage, Commissioner Pierce suggested that there might be
benefits to allowing for Staff review of all sign applications, while Commissioner Viele suggested
that the applicant should have the ability to have Staff review their application or request review
by the Design Review Board.
On the topic of window signage, Commissioner Kurz suggested that having graphics were
preferred over seeing actual merchandise. Commissioner Tjossem suggested that businesses
apply for variances to allow for window signage to cover entire windows, noting that goods can
be damaged via window display. Commissioner Pierce suggested that graphics over the entirety
of the window was inappropriate. Commissioner Proper noted that individual business owners
should be able to determine the use of their windows to either reap the benefits of
consequences.
With regard to whether balloons should be allowed, Commissioners Kurz, Kjesbo and Pierce
suggested that no balloons should be permitted. Commissioner Tjossem said she does not
believe that we should be doing things to sterilize the Town, noting that balloons add energy to
the Town. Commissioner Viele also supported the use of balloons.
Lighting requirements for signs were the final discussion topic, and most Commissioners felt that
the newly adopted lighting standards should also apply to signage. However, Commissioners
Tjossem and Pierce support increased lighting of signage for vitality and safety.
Page 3
60 minutes
5. A request for a work session to discuss the adoption of amendments to the Vail Transportation
Master Plan, and setting forth details in regard thereto. (PEC090005)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to April 13, 2009
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
Tom Kassmel, Public Works, and Chris Fasching gave a presentation per the staff
memorandum.
Commissioner Paladino asked for clarification about the employment, housing, and population
projections provided as background information.
Commissioner Tjossem asked for clarification of how the parking demand projections
corresponded to the existing, and any future changes to, the U.S. Forest Services' daily skier
number limits for the ski mountain.
Commissioner Viele asked for clarification about the intended benefits of the Simba Run
underpass. He also discussed the negative impacts of constructing additional roadway lanes on
the character of the community.
Commissioner Kurz asked for clarification about how the traffic projections addressed the Town's
current and future public transit usage. He recommended exploring means to increase the use
of transit.
Commissioner Tjossem noted that she is not a proponent of building roads, parking, etc. to
address only peak days. She recommended exploring alternatives to "manage" traffic/parking,
rather than only constructing more infrastructure.
Commissioner Proper asked if the inconvenience of Vail's traffic/parking will eventually
discourage people from coming to Vail, and ultimately self-regulate the demand. He also
questioned if the Town will need to undertake this task of addressing traffic/parking needs again
in another 20 years.
Commissioner Viele asked for the details about how the levels of service are calculated, and
what levels are actually perceived as problematic by the Commission and the public. He asked
for clarification about how these levels relate to actual travel times. He also noted concerns that
the studies associated with this master plan update were intentionally drafted to support the
construction of the Simba Run underpass.
Commissioner Pierce identified the location of the trip time analysis is in the reports, and noted
that the studies do not appear to be based simply on Staff's guesses about traffic. Instead, the
projections are based upon mathematical analysis and industry standards.
Tom Kassmel and Chris Fasching emphasized that the master plan is a long term plan. If
certain development is never constructed, or if other factors change, there may not be a need for
some of the improvement identified in the plan.
Commissioner Paladino again questioned the source and validity of the population projections
included as background for the transportation master plan.
Page 4
Commissioner Tjossem asked how the traffic projections addressed people's changes in
behavior due to future traffic conditions. Commissioner Kurz recommended the plan be
tempered with consideration of future behavior changes.
Warren Campbell clarified that the goals of the plan are to achieve level of services identified in
the Vail 20/20 Plan and the Council's direction to address the 15th peak traffic day. He noted that
changes to these goals could significantly change the recommended outcomes from the
transportation master plan.
Chris Fasching again noted that this is a long range plan, and that the identified traffic
improvements would not be constructed immediately and would be evaluated in greater detail
prior to implementation.
Tom Kassmel summarized the information discussed to this point at the work session. He noted
that at the time of implementation, each element of the plan would require additional detailed
analysis. He then continued with a presentation about the transit and parking elements of the
transportation master plan. He also discussed next steps in the review process.
Commissioner Kjesbo asked how the Simba Run underpass alone could affect the Town's traffic
issues as a whole.
Commissioner Tjossem expounded that an analysis of a "staged" or "stepped" implementation of
the master plan would be helpful to review.
Commissioner Viele noted the need for a policy discussion about just how convenient Vail
should be for vehicles and parking.
5 Minutes
6. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-
2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and
Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second
Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with
dwelling units, accommodation units, and conference facilities and meeting rooms on the
basement or garden level, multi-family dwelling units, accommodation units and conference
facilities and meetings rooms on the first floor or street level, and a fractional fee club on the
second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail
Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072)
Applicant: HCT Development, represented by TJ Brink
Planner: Rachel Friede
ACTION: Tabled to May 11, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 7-0-0
7. Approval of March 9, 2009 minutes
MOTION: Kurz SECOND: Kjesbo VOTE: 7-0-0
8. Information Update:
Thank you to Scott Proper for his service on the Commission.
Reminder to purchase your Epic Pass for next year and hold onto your receipt.
9. Adjournment
MOTION: Kurz SECOND: Kjesbo VOTE: 7-0-0
Page 5
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published March 20, 2009, in the Vail Daily.
Page 6