HomeMy WebLinkAbout2009-0427 PECPLANNING AND ENVIRONMENTAL COMMISSION
April 27, 2009
l. 1:OOpm
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TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
MEMBERS ABSENT
Site Visits:
1. Mahoney Residence, 433 Gore Creek Drive
20 minutes
A request for a final review of a variance from 12-6H-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback,
located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot 15, Block 4, Vail Village
Filing 1, and setting forth details in regard thereto (PEC090013).
Applicant: Mark and Noelle Mahoney, represented by Steven James Riden, Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
30 minutes
2. A request for a final review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail
Town Council of a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee
club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza
Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC090011 and PEC090012)
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
3. A request for a final recommendation to the Vail Town Council for the adoption
to the Vail Transportation Master Plan, and setting forth details in regard thereto.
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
15 minutes
of amendments
( PEC090005)
45 minutes
4. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan,
an element of the Vail Transportation Master Plan, and setting forth details in regard thereto.
(PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
5 minutes
5. 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: Table to May 11, 2009
MOTION: SECOND: VOTE:
6. Approval of April 13, 2009 minutes
MOTION: SECOND: VOTE:
7. Information Update
The Administrator has determined that public lockers may be installed on the exterior of the
Lionshead ski yard public restroom building as a"skier services" use on the first floor in the
Lionshead Mixed Use 1 District pursuant to Section 12-7H-3, Permitted and Conditional Uses,
First Floor or Street Level, Vail Town Code; located at 600 Lionshead Mall/Lot 2, Lionshead
Filing 6, and setting forth details in regard thereto.
8. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 24, 2009, in the Vail Daily.
Page 2
TO
FROM
MEMORANDUM
Planning and Environmental Commission
Community Development Department
DATE: April 27, 2009
SUBJECT: A request for a final review of a variance from 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an
addition within the side setback, located at 433 Gore Creek Drive, Units 15 and
16 (Vail Trails East)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details
in regard thereto (PEC090013).
Applicant: Mark and Noelle Mahoney, represented by Steve Riden Architect
Planner: Bill Gibson
SU M MARY
The applicants, Mark & Noelle Mahoney, represented by Steve James Riden Architect,
are requesting a final review of a variance from 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within
the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot
15, Block 4, Vail Village Filing 1, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of the variance application subject to the
findings noted in Section IX of this memorandum.
II. DESCRIPTION OF REQUEST
The applicants, Mark & Noelle Mahoney, represented by Steve Riden Architect, are
requesting a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within
the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East).
The applicants are proposing to construct a dormer on the north side of their existing
non-conforming dwelling unit at Vail Trails East to match an existing dormer on the south
side of the unit. In 2004 the south dormer was approved in error by the Town of Vail,
and should have obtained a setback variance for its installation. The proposed dormer
does not create additional GRFA (gross residential floor area), but allows for additional
light to enter the upper floor of the dwelling unit.
The applicants are also proposing to extend the existing non-conforming decks on the
east side of the unit adjacent to a Town of Vail owned open space parcel. The existing
deck currently encroaches into the setback within three feet of the property boundary.
The minimum required setback for an upper level deck in this zone district is 15 feet.
The applicants are proposing to expand this non-conforming deck further eastward to
the property boundary.
�
IV
V
A vicinity map (Attachment A) and the applicants' request (Attachment B) are attached
for reference.
BACKGROUND
The Vail Trails East site was originally subdivided under Eagle County jurisdiction in
1964. The existing building was subsequently constructed under Eagle County
jurisdiction in 1965. The subject site was annexed as part of the original Town of Vail
August of 1966. Only minor renovations have occurred to the structure since its original
construction.
In 2004 the existing south dormer was approved in error by the Town of Vail, and should
have obtained a setback variance for its installation. A proposal to expand the existing
non-conforming deck was also approved in error by the Town of Vail in 2004; however,
that expansion was not constructed and the associated building permit has since expired.
In 2007, the Planning and Environmental Commission granted a rear setback variance to
multiple units at Vail Trails East to allow for the installation of bay windows on the north
side of the building.
On November 10, 2008, the Planning and Environmental Commission denied the
applicants' previous setback variance application to construct an enclosed stair case and
deck additions within the setback of the subject property. In denying these previous
requests, the Commission found that the proposed encroachments into the side setback
would be a grant of special privilege, enforcement of the setback regulation would not
result in practical difficulty or unnecessary physical hardship, and enforcement of the
setback regulation would not deprive the applicants of privileges enjoyed by the owners.
ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-16, Conditional Use Permits, Vail Town Code.
Town Council:
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
�
TITLE 12: ZONING REGULATIONS
Article 12-6H: High Density Multiple-Family District (in part)
12-6H-1: PURPOSE:
The high density multiple-family district is intended to provide sites for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units per
acre, together with such public and semipublic facilities and /odges, private
recreation facilities and re/ated visitor oriented uses as may appropriately be
located in the same zone district. The high density multiple-family district is
intended to ensure adequate light, air, open space, and other amenities
commensurate with high density apartment, condominium and /odge uses, and to
maintain the desirable residentia/ and resort qualities of the zone district by
establishing appropriate site deve/opment standards. Certain nonresidential uses
are permitted as conditional uses, which re/ate to the nature of Vail as a winter
and summer recreation and vacation community and, where permitted, are
intended to blend harmoniously with the residential character of the zone district.
12-6H-6: SETBACKS:
The minimum front setback shall be twenty feet (20), the minimum side setback
shall be twenty feet (20), and the minimum rear setback shall be twenty feet
(20).
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to /essen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this tit/e as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practica/ difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the /ocation of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity,� or from other physical
limitations, street /ocations or conditions in the immediate vicinity. Cost or
inconvenience to the applicants of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
1. The re/ationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this tit/e without grant of special privilege.
�
VII.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and
public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
2. That the granting of the variance will not be detrimenta/ to the public
hea/th, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practica/ difficulty or unnecessary physical
hardship inconsistent with the objectives of this tit/e.
b. There are exceptiona/ or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicants of privileges enjoyed by the
owners of other properties in the same zone district.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Standard
Setbacks (min):
North:
West Side:
East Side:
South:
Decic:
GRFA (max):
Site coverage (max.)
433 Gore Creek Drive
Lots 7-15, Block 4, Vail Village Filing
High Density Multiple Family District
Vail Village Master Plan
Multiple Family Residential
19,933 sq. ft. (0.4676 acres)
Allowed/Required
20 ft.
20 ft.
20 ft.
20 ft.
10 ft/15ft.
250 sq. ft.
10,963 sq. ft. (55%)
Existinq
7 ft.
4 ft.
9 ft.
5 ft.
2 ft.
N/A
9,266 sq.ft. (46%)
SURROUNDING LAND USES AND ZONING
North:
South
East:
West:
Existinq Use
Gore Creek stream tract
Residential
Residential
Residential
4
Proposed
no change
no change
additional bulk/mass
no change
0 ft.
no changes
no change
Zoninq District
Outdoor Recreation
High Density Multiple-Family District
High Density Multiple-Family District
High Density Multiple-Family District
VIII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes the applicants is proposing to upgrade an existing non-conforming
dwelling by constructing a dormer in a manner that is in keeping with the general
character and architectural style of the neighborhood and other units within the Vail
Trails East building. The Planning and Environmental Commission has previously
granted similar setback variances for dormer additions at the nearby Texas Townhomes.
However, Staff believes the proposed deck expansion will create unnecessary additional
bulk and mass in the east side setback area. On November 10, 2008, the Planning and
Environmental Commission denied the applicants' previous setback variance application
to construct an enclosed stair case and deck additions within the setback of the subject
property. In denying these previous requests, the Commission found that the proposed
encroachments into the side setback would be a grant of special privilege, enforcement
of the setback regulation would not result in practical difficulty or unnecessary physical
hardship, and enforcement of the setback regulation would not deprive the applicants of
privileges enjoyed by the owners.
2. The degree to which relief from the strict and literal
enforcement of a specified regulation is necessary to achieve
uniformity of treatment among sites in the vicinity or to attai
this title without a grant of special privilege.
interpretation and
compatibility and
n the objectives of
Staff believes the proposed dormer addition is in a manner that is in keeping with the
general character and architectural style of the neighborhood, and consistent with the
development rights of the other units within the Vail Trails East building.
The applicants' existing deck is already non-conforming in regard to the setback
requirements. Staff believes proposed deck expansion exceeds the degree of relief from
the setback regulations necessary to achieve compatibility and uniformity of treatment.
Additionally, since the proposed addition extends beyond the footprint of the existing
building and does not further any public policies, so Staff believes this proposal will
constitute a grant of special privilege.
On November 10, 2008, the Planning and Environmental Commission denied the
applicants' previous setback variance application to construct an enclosed stair case and
deck additions within the setback of the subject property. In denying these previous
requests, the Commission found that the proposed encroachments into the side setback
would be a grant of special privilege, enforcement of the setback regulation would not
result in practical difficulty or unnecessary physical hardship, and enforcement of the
setback regulation would not deprive the applicants of privileges enjoyed by the owners.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff does not believe the proposed dormer will have a significant impact on the public
health, safety or welfare, public facilities, or utilities in comparison to existing conditions
of the site. However, Staff believes the proposed deck expansion will further reduce the
light and air between the already non-conforming Vail Trails East building and the
property boundary.
On November 10, 2008, the Planning and Environmental Commission denied the
applicants' previous setback variance application to construct an enclosed stair case and
deck additions within the setback of the subject property. In denying these previous
requests, the Commission found that the proposed encroachments into the side setback
would be a grant of special privilege, enforcement of the setback regulation would not
result in practical difficulty or unnecessary physical hardship, and enforcement of the
setback regulation would not deprive the applicants of privileges enjoyed by the owners.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
On November 10, 2008, the Planning and Environmental Commission denied the
applicants' previous setback variance application to construct an enclosed stair case and
deck additions within the setback of the subject property. In denying these previous
requests, the Commission found that the proposed encroachments into the side setback
would be a grant of special privilege, enforcement of the setback regulation would not
result in practical difficulty or unnecessary physical hardship, and enforcement of the
setback regulation would not deprive the applicants of privileges enjoyed by the owners.
IV. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant
to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side
setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot 15,
Block 4, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria outlined in Section VIII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The P/anning and Environmenta/ Commission approves, with conditions, the
applicants' request for a variance from Section 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an
addition within the side setback, located at 433 Gore Creek Drive, Units 15 and
16 (Vail Trails East)/Lot 15, B/ock 4, Vail Village Filing 1, and setting forth details
in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following conditions:
6
"1. This variance approva/ only applies to the proposed dormer addition, and
does not apply to the proposed deck expansion.
2. This approval is contingent upon the applicants obtain Town of Vail design
review approva/ for this proposal. "
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's April 27, 2008, memorandum
to the P/anning and Environmenta/ Commission and the evidence and testimony
presented, the P/anning and Environmenta/ Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Residential
Cluster District.
2. The granting of this variance will not be detrimenta/ to the public hea/th, safety,
or we/fare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practica/ difficulty or unnecessary physical hardship
inconsistent with the objectives of this tit/e.
b. There are exceptiona/ or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicants of privileges enjoyed by the owners of
other properties in the same zone district. "
X. ATTACHMENTS
A. Vicinity Map
B. Applicants' Request
7
Attachment A
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Attachment B
Steven ,James Ri�en A�l-A• Architect P•C•
P.�. ���: 3Z� s
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st�veCari�ic n ( .com
4/7/09
Town o� Vai�
P�annin� and �nvironmenta� Commission
�/ai�, CQ s 1657
Re: Vai� Trai�s �ast, units I 5/1 6a
Dear Commissioners,
Mr. an� Mrs. Mai�onec� are see�cin� a variance �rom ti�e strict and Iitera� inter-Pretation
o� ti�e setbac�C re�u�ation �or ti�e insta��ation o� a ciormer to ti�e norti� �acing roo� o�
(�nit 16a of �/ai� Trai�s �ast. This dormer addition is comPatib�e and identica� to an
existing recent�r�. constructed (ZOO9--o5) dormer on the oPPosite souti� �acin� roo�.
The existing dormer is identica� in regards to the �ocation �rom the setback as t��e
Proposed new dormer.
��is dorTr�er is comPatible w�th an e�evation studc� and exterior renovation Project
begun in 2007 whici� inc�udcd a set}�ac�C variancc �or additiona� G}Z�A in the
scthac�C c�n thr, narth tlevation anci a��ows each t�F floor unit a dormer oPtion to
imProve their r�sPectiv� units.
T�is Fro�os�j� ric�cs not inc�uc-ir an� a�riiti�n�il GR�A�
/�dditionally a�rcvious�y aPProveci dec�C expansion to a us i6ie wicith +s �ra�c�seci to
IIC: C(_)i)ti�.f"IIC.�.tnt3 �C.t �.�C C35�. U� ��ttlf.3 � 5..il'1/� e f'>:.�. ��Iy �['.CK CX���a(151(.)fl W��S ,;3L��.'+f'OVf'.�
a
���r cc�nstn,ctic�n .snc� �,c'rmittc.c� �vur.m6cr )_C)C�'f-. � ��r c�cc�C cx��nsion was nc�t
���n,F��ctr_�i c�unnpJ i�ie �<�st �t.��c-` c�( cc>nstr� �ctic�n �rc:�u5e c7� SCasona� timt �c�nstraints
,3nc� a cicsircy noi tc� �iisturh what wai at ti�ai timc a cii���rent owncr o{ unit I(a.
� i�r.rr �.�s nc,l �rrn ��n� �,r��inai«-.c c�r ni�r. ��an�� ari�CC�in� t�is a�.�r�,v��.
Mr. :�n<�i nl'�rs. M�y�c�ney Furc�asCti ��nit 1�:3 agsumint�T t�:�E i�c�t}� t�.r �,rc��?c�sCC� cir.c�
�nrl �n icic„t�� .�I tyt�f'lll�f" �avc �een aFFr�•�r.ci in tht ��st :�nc� as the�-e h:�v� �?ecn no
chan�es to the ordinances or ru�es, be�ieved t}�ey cou�d Proceed wit}� desi�n apProva�s
an� construction.
Ti�e existin� vai� Traiis �ast bui��in� is �ega� non-con�ormin� an� current�y
encroaches in the rec�uired set6ac�CS.
The ProPosec� dormer and deck would have been comPatib�e with any stn�cture built
to existing standards s}�ou�d t}�e setbac6c be at the edge o� existing livab�e sPace. �n
other words i� the building itsel� were outside or even adjacent to a rec�uired setbac6c
t}�e dormerand deck wou�d comPly W�t�, today's rec�uirements.
/�s this is an existin� non-con�ormin� structure, those requirements create a�ardsi�iP
�or t}�e aPPlicant and is not a�ranting o� sPeciaj Privi�e�e as that Privi�e�e has i�een
�ranted to others within t}�e comP�ex and as we{� as the acijacent ProPerties such as
t}�e Texas Town}�omes, Uai� }Zowi�ouses, an� vai� Trai�s.
This ProPosa{ also is com�atib�e wit}� the ob�ective o� t�e �/ai� �/i��a�e Master �'1an
encouragin� t�e u�erading and recieve�oPment o� residentiai an� commeruaj �aci�ities.
T}�is ProPosa� does not }�ave an e%�ect uPon the �iv��t, air, distribution o� PoPu�ation,
transPortation, tra�ic�aci�+ties, Pu6iic�aci�ities, utiii�ies, and �ubiic saFety.
Than�C You �or your consi�eration in t�is matter be�ore you.
�� �
�teve� ,�ames }Ziden A�1.A� Arci�itect �.C.
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UNI?S 15 rV�D 16A, VAIL TR.VLS EAST � "`�' _�
433 GORE CREEK DR1VE, VnIL, COLORADO
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 27, 2009
SUBJECT: A request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code,
and a recommendation to the Vail Town Council of a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-
10, Amendment Procedures, to allow for changes to the fractional fee club unit
designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail
Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC090011 and PEC090012)
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
I. SUMMARY
The applicant, Vail Plaza Development, LLC, is requesting a final review of an
amendment to an existing conditional use permit, pursuant to Section 12-16-10,
Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town
Council of a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the
fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16
Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing
1, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Sections VIII and IX of this
memorandum and the evidence and testimony presented, the Staff recommends denial
of both requests subject to the findings noted in Section X of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to increase the number of dwelling units from one to two, and
to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase
IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to
convert the existing dwelling unit #507 to a fractional fee club unit and convert the
existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club
unit #313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area
(GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The
unfinished dwelling unit #507 is currently designed as a three bedroom unit consisting of
5,150 sq. ft. of GRFA. The applicant is proposing to amend the floor plan of this unit to
create a total of five bedrooms.
A vicinity map (Attachment A) and the applicant's request (Attachment B) have been
attached for reference.
III. BACKGROUND
The Vail Plaza Hotel is located within the Public Accommodation District in which lodges
("buildings designed for occupancy primarily as the temporary lodging place of
individua/s or families either in accommodation units or dwelling units...) are allowed as
permitted uses and fractional fee club units (an individua/ dwelling unit in a fractiona/ fee
club described as such in the project documentation...'� are allowed as conditional uses.
While a dwelling unit is "any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an independent
housekeeping uniY'; a fractional fee club unit must be part of a fraction fee club defined
by the Vail Town Code as "a fractiona/ fee project in which each dwelling unit, pursuant
to recorded project documentation as approved by the town of Vail, has no fewer than
six (6) and no more than twelve (12) owners per unit and whose use is established by a
reservation system and is managed on site with a front desk operating twenty four (24)
hours a day, seven (7) days a week providing reservation and registration capabilities..."
It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing
fractional fee club units within the Public Accommodation District, that these units are not
intended for full-time occupancy as a dwelling unit when the Town Council found "that a
fractiona/ fee club is a form of public accommodation" and "that the quality of fractional
fee club unit are an appropriate means of increasing occupancy rates, maintaining and
enhancing short-term renta/ availability and diversifying the resort /odging market within
the Town of Vail"
On February 28, 2000, the Planning and Environmental Commission approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50
fractional fee club units. According to the Staff's memorandum to the Planning and
Environmental Commission concerning the fractional fee club:
`According to the applicant, the ownership of the club units will be divided into a
maximum of 1/12r" interva/s for the 24 winter weeks during the ski season, with
the remaining 28 shoulder season and summer weeks would be owned by the
hotel. This ownership program allows for the most attractive weeks of the year to
be so/d as club units with the proceeds helping to finance the redeve/opment
project. The remaining interest in the clubs is then used by the hote/ to support
the conference facilities during the summer months. "
On August 13, 2001, the Planning and Environmental Commission again approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50
fractional fee club units. According to the Staff Memorandum the Planning and
Environmental Commission concerning the fractional fee club:
"To further improve the occupancy potentia/ of the fractiona/ fee club, the 50 club
units have been designed to include up to two /ock-off spaces per unit. This
design creates a tota/ of 108 keys and 216 pillows for the fractiona/ fee club
component of the hotel. "
Additionally, the Staff Memorandum the Planning and Environmental Commission stated
the fractional fee units at the Vail Plaza Hotel:
"The applicant is proposing that the club units be so/d on an interval basis. The
club units would be so/d for 24 weeks during the winter months with the
2
remaining 28 weeks owned by the hote/ for use as short-term accommodation
units. "
In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and
Environmental Commission considered "the ability of the proposed project to create and
maintain a high leve/ of occupancy" and that "each of the fractional club units shall be
made available for short term rental in a managed program when not in use by the club
members". Based upon the statements, representations, and proposals of the applicant;
the Commission determined that a conditional use permit was warranted for fractional
fee club at the Vail Plaza Hotel.
On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of
2001, which amended Special Development District No. 6 to allow for the construction of
the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee
housing units, and 50 fractional fee club units consistent with the August 13, 2001,
conditional use permit.
As noted above, units #313 and #401 at the Vail Plaza Hotel are currently being illegally
occupied as fulltime residential dwelling unit, and not as a fractional fee club unit as
required by the approved developed plan. On January 23, 2009, the Town of Vail issued
a notice of zoning violation to the Vail Plaza Hotel.
On March 13, 2009, the Town of Vail issued the Vail Plaza Hotel a summons to Town of
Vail municipal court for this illegal use of the subject fractional fee club units. This matter
is tentatively scheduled on the court's May 7, 2009, docket.
Unit #507 is currently unfinished and has not yet been issued a final certificate of
occupancy.
The Town Council has identified need for an accessibility and delivery route connecting
the Vail Plaza Hotel and East Meadow Drive has been identified in other recent
proposals to amend the Vail Village Inn Special Development District, including the
proposed expansion of the Osaki's restaurant and the Colondo Company's proposal to
convert retail space to residential. To date, this physical connection has not yet been
constructed.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
hea/th, safety, mora/s, and general we/fare of the Town, and to promote the
coordinated and harmonious deve/opment of the Town in a manner that will
conserve and enhance its natura/ environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
3
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, f/ood, ava/anche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and /oading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable re/ationship among /and
uses, consistent with Municipa/ deve/opment objectives.
7. To prevent excessive population densities and overcrowding of the /and with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirab/e
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
CHAPTER 12-2, Definitions (in part)
DWELL/NG UN/T: Any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
FRACT/ONAL FEE CLUB UN/T: An individua/ dwelling unit in a fractional fee
club described as such in the project documentation and not an accommodation
unit within the fractiona/ fee club. No offer of a fractiona/ fee club unit shall be
made except pursuant to an application for registration and certification as a
subdivision deve/oper of a timeshare program or an exemption from registration
approved by the state of Co/orado rea/ estate commission pursuant to Co/orado
Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated
pursuant thereto. Within ten (10) days after receipt of a written request, the
deve/oper of a fractiona/ fee club unit shall provide to the staff of the department
of community deve/opment a copy of the application or request for exemption
filed with the state of Co/orado rea/ estate commission and/or evidence of
approva/ of the application or request for exemption.
ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part)
12-9A-1: Purpose and Applicability:
A. Purpose: The purpose of the specia/ deve/opment district is to encourage
f/exibility and creativity in the deve/opment of /and in order to promote its most
appropriate use; to improve the design character and quality of the new
deve/opment with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natura/ and scenic features of open space
areas; and to further the overall goa/s of the community as stated in the Vail
comprehensive plan. An approved deve/opment plan for a specia/ deve/opment
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding deve/opment and uses of property included in the
specia/ deve/opment district.
0
B. Applicability: Specia/ deve/opment districts do not apply to and are not
available in the following zone districts: hillside residential, sing/e-family
residential, two-family residentia/ 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 principa/ criteria in
evaluating the merits of the proposed specia/ deve/opment district. It shall be the
burden of the applicant to demonstrate that submittal materia/ and the proposed
deve/opment plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practica/ solution consistent
with the public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties re/ative to architectural
design, sca/e, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
2. Re/ationship: Uses, activity and density which provide a compatible, efficient
and workable re/ationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and /oading requirements as
outlined in chapter 10 of this tit/e.
4. Comprehensive P/an: Conformity with applicable e/ements of the Vail
comprehensive plan, town policies and urban design plans.
5. Natura/ And/Or Geo/ogic Hazard: Identification and mitigation of natura/ and/or
geo/ogic hazards that affect the property on which the specia/ deve/opment
district is proposed.
6. Design Features: Site plan, building design and /ocation and open space
provisions designed to produce a functiona/ deve/opment responsive and
sensitive to natura/ 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: Functiona/ and aesthetic landscaping and open space in order to
optimize and preserve natura/ features, recreation, views and function.
9. Workable P/an: Phasing plan or subdivision plan that will maintain a workable,
functiona/ and efficient re/ationship throughout the deve/opment of the special
deve/opment district.
B. Necessary Findings: Before recommending and/or granting an approva/ of an
application for a specia/ deve/opment 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 practica/ solution consistent with the public interest has
been achieved.
2. That the SDD is consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatible with the deve/opment
objectives of the town; and
3. That the SDD is compatible with and suitab/e to adjacent uses and appropriate
for the surrounding areas; and
5
4. That the SDD promotes the hea/th, safety, mora/s, and general we/fare of the
town and promotes the coordinated and harmonious deve/opment of the town in
a manner that conserves and enhances its natura/ environment and its
established character as a resort and residential community of the highest
quality.
12-9A-10: AMENDMENT PROCEDURES:
B. Major Amendments:
1. Requests for major amendments to an approved specia/ deve/opment district
shall be reviewed in accordance with the procedures described in section 12-9A-
4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
specia/ deve/opment district, and owners of all property within the special
deve/opment district that may be affected by the proposed amendment (as
determined by the department of community deve/opment). Notification
procedures shall be as outlined in subsection 12-3-6C of this tit/e.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the f/exibility necessary to achieve the objectives of this tit/e,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusua/ or specia/ characteristics,
conditional uses require review so that they may be /ocated properly with respect
to the purposes of this tit/e and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious deve/opment between conditional uses and
surrounding properties in the Town at /arge. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the /ocation and operation of the
conditional uses will be in accordance with the deve/opment objectives of the
Town and will not be detrimenta/ to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
12-16-6: CR/TER/A; F/ND/NGS:
A. Factors Enumerated: 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. Re/ationship and impact of the use on deve/opment objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
0
V
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4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in re/ation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this tit/e.
B. Necessary Findings: The planning and environmenta/ commission shall make
the following findings before granting a conditional use permit:
1. That the proposed /ocation of the use is in accordance with the purposes of
this tit/e and the purposes of the zone district in which the site is /ocated.
2. That the proposed /ocation of the use and the conditions under which it would
be operated or maintained will not be detrimenta/ to the public hea/th, safety, or
we/fare, or materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of
this tit/e.
SURROUNDING LAND USES AND ZONING
Land Uses Zoninq
North: I-70 right-of-way Not Zoned
South: Mixed Use Public Accommodation
East: Mixed Use SDD #39 (Solaris)
West: Multiple Family Public Accommodation and SDD #21 (Gateway)
ZONING ANALYSIS
Standard Approved Proposed
Dwellings 1 unit 2 units
(3 bedrooms/5,150 sq.ft.) (1 bedroom/962 sq.ft & 3 bedrooms/1,801 sq,ft,)
Fractional Fee 50 units 49 units
(eliminate 1 bedroom/962 sq.ft & 3 bedrooms/1,801 sfl
(add 5 bedrooms/5,150 sq.ft.)
Parking 0.7 per FFU = 1.4 spaces no change (FFU = 0.7 new requirement)
1.4 per DU = 1.4 spaces no change (DUs = 2.8 new requirement)
total = 2.8 spaces no change (total = 3.5 new requirement)
CONDITIONAL USE PERMIT 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.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
7
1TL111
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units. The warm beds are also highly beneficial to the
existing retail and restaurant uses in the other phases of the Vail Village Inn Special
Development District. Staff does not believe exchanging two completed fractional fee
club units for one unfinished dwelling unit is consistent with the Town's development
objectives or the intent and purpose of the overall Vail Village Inn development.
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.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
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.
There are no changes proposed to the existing parking. However, there is net parking
requirement increase of 0.7 parking spaces when two fractional fee club units (parking
rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per
unit). Therefore, Staff believes this proposal will have a negative affect on this criterion.
Should the Planning and Environmental Commission choose to approve this request,
Staff believes the applicant must be required to meet this increased parking requirement.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a negative affect upon the remaining elements of
this criterion in comparison to existing conditions.
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.
There are no changes proposed to the scale or bulk and mass of the existing building;
therefore, Staff does not believe this proposal will have a significant negative affect on
this criterion in comparison to existing conditions.
SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA
Before acting on a major amendment to a special development district amendment
application, the Planning and Environmental Commission and Town Council shall
consider the following factors with respect to the proposal:
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.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
�
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units.
As described in Section I I I of this memorandum, in 2000 and 2001, the Planning and
Environmental Commission and Town Council approved one (1) dwelling unit and fifty
(50) fractional fee club unit mix at the Vail Plaza Hotel based upon the following:
`According to the applicant, the ownership of the club units will be divided into a
maximum of 1/12r" interva/s for the 24 winter weeks during the ski season, with
the remaining 28 shoulder season and summer weeks would be owned by the
hotel. This ownership program allows for the most attractive weeks of the year to
be so/d as club units with the proceeds helping to finance the redeve/opment
project. The remaining interest in the clubs is then used by the hote/ to support
the conference facilities during the summer months. "
"To further improve the occupancy potentia/ of the fractiona/ fee club, the 50 club
units have been designed to include up to two /ock-off spaces per unit. This
design creates a tota/ of 108 keys and 216 pillows for the fractiona/ fee club
component of the hotel. "
"The applicant is proposing that the club units be so/d on an interval basis. The
club units would be so/d for 24 weeks during the winter months with the
remaining 28 weeks owned by the hotel for use as short-term accommodation
units. "
At that time, the Planning and Environmental Commission and Town Council also
considered:
"the ability of the proposed project to create and maintain a high leve/ of
occupancy";and that,
"each of the fractional club units shall be made available for short term rental in a
managed program when not in use by the club members".
Therefore, Staff does not believe the applicant's proposal to exchange two completed
fractional fee club units for one unfinished dwelling unit is consistent with the intent of the
original approvals of the Vail Plaza Hotel.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
There are no changes proposed to the existing parking. However, there is net parking
requirement increase of 0.7 parking spaces when two fractional fee club units (parking
rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per
unit). Therefore, Staff believes this proposal will have a negative affect on this criterion.
�
Should the Planning and Environmental Commission choose to approve this request,
Staff believes the applicant must be required to meet this increased parking requirement.
The applicant is not proposing any changes to the existing loading. Today, there is no
accessible or practical physical connection between the Vail Plaza Hotel loading dock
and East Meadow Drive. Staff believes the applicant must install the needed
accessibility and delivery route connecting the Vail Plaza Hotel loading dock to East
Meadow Drive to comply with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units. Staff does not believe exchanging two completed
fractional fee club units for one unfinished dwelling unit is consistent with the Town's
development objectives.
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.
There are no natural and/or geologic hazards affecting this property; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
6. Design Features:
provisions designed
sensitive to natural
community.
Site plan, building design and location and open space
to produce a functional development responsive and
features, vegetation and overall aesthetic quality of the
There are no changes proposed to the site planning, location, or open space for the
existing building; therefore, Staff does not believe this proposal will have a significant
negative affect on this criterion in comparison to existing conditions.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
There are no changes proposed to the existing vehicular and pedestrian traffic patterns.
However, the net gain of dwelling units increases the parking requirement from 0.7 to 2.4
spaces. Therefore, Staff believes this proposal will have a negative affect on this
criterion. Should the Planning and Environmental Commission choose to approve this
request, Staff believes the applicant must be required to meet this increased parking
requirement.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
10
There are no changes proposed to the existing lanscaping; therefore, Staff does not
believe this proposal will have a significant negative affect on this criterion in comparison
to existing conditions.
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 Town of Vail has no assurance from the applicant when, or if, construction of the
Vail Plaza Hotel penthouse unit will occur. Therefore, Staff does not believe exchanging
two completed fractional fee club units for one un-built dwelling unit is consistent with the
Town's development objectives.
IX. STAFF RECOMMENDATION
CONDITIONAL USE PERMIT APPLICATION
The Community Development Department recommends the Planning and Environmental
Commission denies this request for a final review of an amendment to an existing
conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for changes to the fractional fee club unit designations within the
Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots
M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria described in Section VIII
of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to deny this conditional use
permit request, the Community Development Department recommends the Commission
pass the following motion:
"The P/anning and Environmenta/ Commission denies this request for an
amendment to an existing conditional use permit, pursuant to Section 12-16-10,
Amendment Procedures, Vail Town Code, and a recommendation to the Vail
Town Council of a major amendment to Specia/ Deve/opment District No. 6, Vail
Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for
changes to the fractiona/ fee club unit designations within the Vail P/aza Hotel
and Club, located at 16 Vail Road (Vail P/aza Hotel)/ a portion of Lots M, N, and
O, B/ock 5D, Vail Village Filing 1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vlll of this Staff
memorandum to the P/anning and Environmenta/ Commission dated April 27,
2009, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
The proposed conditional use permit amendment is not in accordance with
the purposes of the Zoning Regulations and the Public Accommodation and
Specia/ Deve/opment Districts as referenced in Section V of this Staff
memorandum to the P/anning and Environmenta/ Commission dated April 27,
2009.
11
2. The proposed conditional use permit amendment and the conditions under
which it will be operated or maintained are detrimenta/ to the public hea/th,
safety, or we/fare or materially injurious to properties or improvements in the
vicinity.
3. The proposed conditional use permit amendment does not comply with each
of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail
Town Code, as referenced by Section V of this Staff inemorandum to the
P/anning and Environmenta/ Commission dated April 27, 2009. "
Should the Planning and Environmental Commission choose to approve this conditional
use permit for this request, the Community Development Department recommends the
Commission makes the following conditions:
"1. This conditional use permit approval is contingent upon the applicant
obtaining Town of Vail approva/ of the associated major amendment to a special
deve/opment district application.
2. This conditional use permit approva/ shall be valid until May 11, 2012; at such
time this approva/ shall become null and void. The applicant shall restore the
subject fractiona/ fee club units of the Vail P/aza Hote/ temporarily converted to
dwelling units by this application back to fractiona/ fee club units prior to
expiration of this approval.
3. The applicant shall meet the additiona/ 0.7 parking space requirement
generated by this application by providing a payment-in-lieu to the Town of Vail in
accordance with the per parking space fee established by Section 12-21-21,
Parking Pay-in-Lieu Zones, Vail Town Code.
The applicant shall provide payment of at /east one-ha/f (%) the full payment-in-
lieu fee ($7, 780.21) to the Town of Vail within 30 days of obtaining approva/ of
the associated major amendment to a specia/ deve/opment district application.
The applicant shall provide payment of the remaining portion of the payment-in-
lieu fee ($7, 780.20) to the Town of Vail in the event that the subject fractiona/ fee
club units of the Vail P/aza Hote/ temporarily converted to dwelling units by this
application are not reverted back to fractional fee club units prior to expiration of
this approval.
At the so/e discretion of the Town of Vail, all or any portion, of these payment-in-
lieu fees may be appropriated to the design, construction, and/or maintenance of
loading and delivery improvements within the Vail Village Inn Special
Deve/opment District to outweigh the adverse effects of the increased parking
and /oading demands generated by this application. "
SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of denial to the Town Council for a major
amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit
designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza
Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
12
details in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section IX of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission pass the following motion:
"The P/anning and Environmenta/ Commission forwards a recommendation of
denia/ to the Town Council for a major amendment to Specia/ Deve/opment
District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment
Procedures, to allow for changes to the fractional fee club unit designations
within the Vail P/aza Hote/ and Club, located at 16 Vail Road (Vail P/aza Hotel)/
a portion of Lots M, N, and O, B/ock 5D, Vail Village Filing 1, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section IX this Staff
memorandum to the P/anning and Environmenta/ Commission dated April 27,
2009, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
1. That the specia/ deve/opment district amendment does not comply with the
standards listed Article 12-9A, Specia/ Deve/opment District, or that a practical
solution consistent with the public interest has been achieved.
2. That the special deve/opment district amendment is not consistent with the
adopted goa/s, objectives and policies outlined in the Vail comprehensive plan
and compatible with the deve/opment objectives of the town; and
3. That the specia/ deve/opment district amendment is not compatible with and
suitab/e to adjacent uses and appropriate for the surrounding areas; and
4. That the specia/ deve/opment district amendment does not promote the
hea/th, safety, mora/s, and general we/fare of the town and promotes the
coordinated and harmonious deve/opment of the town in a manner that
conserves and enhances its natura/ environment and its established character as
a resort and residential community of the highest quality. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development Department
recommends the Commission makes the following conditions:
"1. This approva/ shall be valid until May 11, 2012; at such time this approval
shall become null and void. The applicant shall restore the subject fractiona/ fee
club units of the Vail P/aza Hote/ temporarily converted to dwelling units by this
application back to fractional fee club units prior to expiration of this approval.
3. The applicant shall meet the additiona/ 0.7 parking space requirement
generated by this application by providing a payment-in-lieu to the Town of Vail in
accordance with the per parking space fee established by Section 12-21-21,
13
Parking Pay-in-Lieu Zones, Vail Town Code.
The applicant shall provide payment of at /east one-ha/f (%) the full payment-in-
lieu fee ($7, 780.21) to the Town of Vail within 30 days of obtaining approva/ of
the associated major amendment to a specia/ deve/opment district application.
The applicant shall provide payment of the remaining portion of the payment-in-
lieu fee ($7, 780.20) to the Town of Vail in the event that the subject fractiona/ fee
club units of the Vail P/aza Hote/ temporarily converted to dwelling units by this
application are not reverted back to fractiona/ fee club units prior to expiration of
this approval.
At the so/e discretion of the Town of Vail, all or any portion, of these payment-in-
lieu fees may be appropriated to the design, construction, and/or maintenance of
loading and delivery improvements within the Vail Village Inn Special
Deve/opment District. "
X. ATTACHMENTS
A. Applicant's Request
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MEMORANDUM
� TO: Planning and Environmental Commission
FROM:
DATE
Community Development Department and Public Works Department
April 27, 2009
SUBJECT: A request for a final recommendation to the Town Council for the adoption of
amendments to the Vail Transportation Master Plan, and setting forth details in
regard thereto. (PEC090005)
���
�
IV
UI
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
SU M MARY
The Town of Vail, in conjunction with the Colorado Department of Transportation, is. in_,,_-
'--------------�----- ------------------- ------- -
the process of updating the Vail Transportation Master Plan in response_to the on-going_', ,
'---- ----------------
------- �
and projected� increases in development_activity,_ the_`esults _of pas�_master planning ', �, �
- �------
processes, and pending redevelopment plans. ��,�, '�
DESCRIPTION OF REQUEST '`��` ��
,��� �
The applicant is proposing to consolidate and update the transportation master planning ���;,,
and design efforts that have been on-going for 20 years into a single master plan �;, �
document. The proposed plan is based upon existing conditions, current trends, and ','�`
anticipated future growth. The proposed master plan is intended to be a guide for the ',��
Town's transportation system for the next 20 years. ��
BACKGROUND
The Planning and Environmental Commission held work sessions to discuss the
proposed master plan amendment at its March 23 and April 13, 2009, public hearings.
ROLES OF REVIEWING BODIES
Master plan 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 master plan amendment
application.
:��•iia►ac�:�r�a:�re�
The extent to which the amendment furthers the general and specific
purposes of the master plan.
The proposed amendment updates the Vail Transportation_ Master Plan in ��,
'-- - - -
response to the on-going and projected�_increases_in�development_activity,_they=�
results of_pas� master_planning_processes,_ and pending_redevelopment_plans. J.-'�
'-------- -- ---
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Therefore, Staff believes the proposed regulation amendment is consistent with
the purposes of the master plan.
2. The extent to which the 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.
The proposed amendment updates the Vail Transportation_ Master Plan in ,,,-
'---- ------------
response to the on-going and projected�_increases_in�development_activity,_the_
results of_pas� master_planning_ processes, and pending_ redevelopment_plans._ .---
'-------- ----
Staff believes the proposed amendment better implements and achieves the °„
adopted goals, objectives and policies of the Town's Comprehensive Plan than ��
the existing outdated plan.
The extent to which the 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.
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The last update to the Vail Transportation_ Master Plan was adopted _in_ 2002. ,_- Formatted: �onr. ��efaUit� nr�ai, ii
�--- ------------------- -----�
Since then, a significant volume of development _activity _has_occurred and pt
�------ -----------�
several future development �activities are now anticipated_ __ Many_ of_ these_ -�� Formatted: �onr. ��efaUit� nr�ai, ii
--------------------- ----
changes in development were not contemplated, or addressed, in the 2002 ��, pt
version of the master plan. � Formattea: Fonr. ��efaUit� nr�ai, ii
pt
4. The extent to which the amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with
municipal development objectives.
As noted above, the proposed amendment is intended to address how conditions
have changed since the plans last update in 2002. The purpose of the proposed
amendment is to guide the implementation of Vail's transportation system for the
next 20 years. Staff believes the proposed text amendments will facilitate and
provide a harmonious, convenient, workable relationship among land use
regulations consistent with the Comprehensive Plan and 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 the
adoption of amendments to the Vail Transportation Master Plan, and setting forth details
in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request; Community Development Department
recommends the Commission pass the following motion:
"The P/anning and Environmenta/ Commission forwards a recommendation of
approva/ to the Vail Town Council for the adoption of amendments to the Vail
Transportation Master P/an, 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 amendment, the
Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section /V of Staff's April 27,
2009, memorandum and the evidence and testimony presented, the P/anning
and Environmenta/ Commission finds:
1. That the amendment is consistent with the applicab/e e/ements of the
adopted goa/s, objectives and policies outlined in the Vail Comprehensive
P/an and is compatib/e with the deve/opment objectives of the Town; and
2. That the amendment furthers the genera/ and specific purposes of the
Transportation Master P/an; and
3. That the amendment promotes the hea/th, safety, mora/s, and general
we/fare of the Town and promotes the coordinated and harmonious
deve/opment of the Town in a manner that conserves and enhances its
natura/ environment and its established character as a resort and residential
community of the highest quality. °
Attachment A
Vail Transportation Master Plan
Attached are the contextual changes to the proposed Vail Transportation Master Plan document
based upon the Planning and Environmental Commission review and comment. In order to save
on duplication and reproduction costs, Staff has attached only the edited pages as amendments
to the previous document submitted on March 19, 2009. The combination of the two provides
the final document, and as mentioned previously, the appendices are available digitally on the
Town's web site:
( http://www.vailgov.com/subpage.asp?page_id=893)
�
Vail Transportation Master Plan Update
PREFACE
Purpose of the Master Plan
The purpose of the Vail Transportation Master Plan is to consolidate and update the
transportation planning and design efforts that have been on-going for the past 20 years.
This most recent document, which is based on the existing conditions of Vail's transportation
system, current trends and the anticipated growth, will guide the implementation of Vail's
transportation system for the next 20 years. In order to keep the plan a viable document over
this time period, continuous monitoring of the transportation system and periodic updates of
the plan are needed, including periodic traffic counts and formal master plan updates.
Previous transportation documents are referenced and summarized in the appendices of this
document. These referenced documents remain relevant and provide additional insight and
guidance for transportation planning and design purposes. The scope of each of these
referenced documents focus on various transportation related topics with some overlapping
subjects. The redundancy in this is deliberate to create a historical base and provide the
necessary background information to predict accurate trends. It is implied that all
overlapping, inconsistent information between documents shall be superseded by the most
recent and relevant document.
_ .
This master plan is intended to provide direction for a period of time over the next 20
years. It does not convey approval for any one particular improvement, development,
project, or facility. Assumptions made within this report (i.e. trip generation reductions,
transit use, etc.) must be justified at the time of application for any one particular
improvementldevelopment and may or may not be supported by the town or applicable
agency at time of application. Every improvemenUdevelopment shall go through the
town and other applicable agency review process prior to implementation.
Adoption and Amendment of tl2e Master Plan
The Vail Transportation Master Plan was adopted by resolution No. _, Series of 2009, on
, 2009, by the Vail Town Council following a recommendation to
approve by the Planning and Environmental Commission. Future amendments to this master
plan must be approved by resolution or motion by the Town Council following a formal
recommendation by the Planning and Environmental Commission. Implementation activities
and ordinances will be approved in accordance with the Town of Vail Municipal Code.
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Vail Transportation Master Plan Update
The interchanges, West and Main Vail, are locations of significant traffic concentration because
they serve as the access to/from I-70 and they are the only means of crossing I-70. As
roundabout intersections, the ramp terminal intersections also serve through movements along
the Frontage Roads which further contributes to the traffic concentration that takes place at
these points.
Along the Frontage Road, the other notable heavier-traveled cross-streets during peak times
including:
► Lionshead Parking Structure Access — Heavier demand is due to this being a major
parking facility within Town.
► Village Parking Structure Access — Heavier demand is due to this being a major parking
facility within Town.
► Vail Valley Drive — Heavy demand can be attributed to activity associated with the Golden
Peak lift area and associated programs that based there.
► West Vail Commercial — Numerous driveways serve the shopping area in West Vail.
Individually, the traffic levels served by each driveway is less than the three heavy cross-streets
stated just above, but collectively they represent a major generating center within town.
Numerous other cross-streets intersect with the Frontage Roads, but many of these serve
localized areas and do not carry significant levels of traffic. The Frontage Roads serve as Vail's
arterial system serving the vast majority of the vehicle-miles traveled within the Town.
The traffic data shown in Figure 2 approximately represent the 15`h busiest day of the ski
season. From past transportation planning efforts conducted in Vail, the 15th highest
day represents a"low" of the peak days. Subsequent days of magnitude (16tn, 17tn, etc.)
are not dramatically lower than the 15th day as demands levels in order tend to flatten
out. Preceding days of magnitude (14`h, 13th, etc.) are not as flat, and transportation
demands for these days are noticeably higher. When plotted on a graph, the 15th highest
day is approximately the "turning poinY' between peak days and average days. Typical
transportation planning will attempt to accommodate the 30th highest hour of a year, and
the 15th highest day is a bit more conservative than this in attempt to maintain a quality
guest experience. "fhe finding from previous efforts and the notion of maintaining the
guest experience has led the Town to adopt the 15�' highest day as the appropriate
design level for transportation considerations, and all subsequent analyses presented in
this report approximately represent that level of demand.
2. Intersection Levels of Service (LOS)
Intersection Levels of Service (LOS) were calculated for numerous intersections including the
roundabouts at the interchanges and many of the cross-street intersections and access points
along the North and South Frontage Road. For nearly every case, the PM peak hour traffic was
the focus of the LOS analyses. The exceptions include the Main Vail interchange and West Vail
interchange intersections where the AM peak hour was also analyzed. LOS is a traffic
qualitative measure described by a letter designation ranging from A to F. LOS A represents
minimal or no delay while LOS F represents excessive delay. The calculations are geared
toward estimating the delays for traffic movements and then converting the results to a LOS
. FFi�ssuac
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Vail Transportation Master Plan Update
demand by virtue of the need to accommodate these visitors who only want to shop and the
employees needed to operate the commercial activity.
Other parking areas are also provided throughout town, but most are relatively small providing up
to 15 spaces. Other locations such as Ford Park and the Soccer Fields (located east of Golden
Peak) can accommodate more vehicles, but these are restricted to permitted vehicles only.
The Town of Vail has continued to explore means of adding public parking to the supply within
the central areas of Lionshead and Vail Village. A current need of at least 400 additional spaces
has been identified by the Town in attempt to reduce the number of days that the Frontage Road
is pressed into service to accommodate overflow parking. The 400 spaces are needed to
maintain a supply accommodating 90 percent of the demand days, a Town parking objective.
This is based on many seasons of collected Frontage Road parking data. However, 1,000
additional spaces would accommodate 99 percent of the current demand days. Over the long-
term (20 years), the 1,000 spaces are estimated to accommodate 90 percent of the future
demand days. More detail with respect to further parking needs is described later in this report,
but the Town's ultimate goal is to add 1,000 spaces for general public use to meet their 90
percent objective.
C. Transit
The Town of Vail operates a free bus service for residents and guests. The service is among the
busiest in the state serving approximately three million riders per year. It is estimated that
approximately 14 percent of VaiPs residences use the transit system as a means to
commute to work, based on 2000 census data, which ranks higher than most major
metropolitan areas. The heaviest used route is the In-Town shuttle which continuously travels
between Lionshead and Vail Village; this route makes up 60 to 70 percent of the Towns bus
service ridership, and it typically �.�;=n�served with five to seven buses; peak times can see 8 to
10 buses traveling along this route depending on time of day with headways ranging from 5 to 7
minutes.
Outlying bus routes each serve a different area of Vail. The East Vail and West Vail bus routes
experience the most ridership outside the In-Town Shuttle. West Vail, having a frontage road
along the north and south side of I-70, is served by opposing loop services in which one West
Vail route runs clockwise along the South and North Frontage Road and the other runs counter-
clockwise. While these two routes have offset start times from the Transportation Center, buses
along these two opposing routes cross in the Meadow Creek/Intermountain area, and this area
receives relatively infrequent service (because two opposing buses drive by at the same time).
Most outlying areas are provided service every 15 to 20 minutes; the Meadow
Creek/Intermountain area, in which the opposing West Vail bus routes cross, experiences
service every 30 minutes, albeit with two buses. This quirk in the service is the result, in part, of
limited I-70 crossings and the need to serve both sides of I-70 with transit.
. FFi.sri:ac
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Vail Transportation Master Plan Update
A cursory-level evaluation of existing retail trips was conducted by reviewing the level of traffic
turning into the structures today. During the PM peak hour, the outbound traffic conta+ns a
significant amount of skier trips, so it is not appropriate to include these outbound traffic with
respect to gauging trip generation rates. Inbound PM peak hour traffic contains trips associated
with retail and some other uses, so while it is not 100 percent retail traffic, it does serve as an upper
limit. At the Lionshead Parking Structure,150 inbound PM peak hour trips exist current; the
Lionshead Village contains approximately 150,000 square feet of retail-related use. At the Village
Structure, 310 vehicles entered during the PM peak hour; that village contains approximately
300,000 square feet of retail/commercial. These traffic numbers represent a 45 to 50 percent
reduction in ITE shopping center trip rates if they were all retail-related, but they are not.
Other trip types that are part of the inbound movements to the structures include:
► Library trips (which is open until 6:00 PM on weekends, later on weekdays)
► Dobson Ice Arena trips (which typically has a full schedule including hockey events, figure
skating, lessons, and public skating)
► Adventure Center trips. The Adventure Center provides other recreation including tubing,
ski biking, snowmobiling, snowshoeing, and a trampoline, and it is remains open until 9:00
PM on weekend nights.
► Residential uses. Several residential complexes within the villages are not able to
adequately park their own overnight guests, so the parking structures are used instead. At
Lionshead, staff estimates that approximately 100 vehicles are parked overnight at peak
times related to selected residential uses. At the Village Structure, between 200 and 300
vehicles are parked overnight related to some of the residential uses there.
► Special events. Both villages routinely host evening events such as concerts, festivals,
exhibits, and other attractions.
Alf of these attract trips beyond the retail/commercial attraction. As such, the true retail trip rate
is even less that the 45 to 50 reduction quoted above. As such, using rates that equate to a 65
to 70 percent reduction for the new retail development is not inconsistent with current trip-
making trends in Vail. However, using these reductions in traffic impact studies for an
individual development should be used with caution and only be done in coordination
with Town staff and CDOT.
Again, Appendix E shows the trip estimates for each of the development areas. In total, all of
the considered development could generate an additional 2,800 trips per hour during the PM
peak hour. The following summarize some of the bigger trip generators (4,350 trips per hour if
"pure" ITE trip generation rates were used).
► West Vail — the net increase in square footage and residential units could generate a total of
470 additional trips during the PM peak hour. This would be above and beyond the
estimated 800 to 1000 trips per hour generated by the West Vail development today.
► Timber Ridge is estimated to generate an additional 180 trips per hour during the PM peak hour.
► West Lionshead (Ever Vail) has the potential of generating an additional 580 trips per hour
during the PM peak hour.
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Vail I'ransportation Master Plan Llpdate
► Lionshead Parking Structure redevelopment is estimated to generate 275 trips during the
PM peak hour.
► The Lionshead Village area (excluding the Lionshead parking structure) is projected to
generate an additional 490 PM peak hour trips given the collective development.
The Vail Village area redevelopment is projected to generate an additional 260 PM peak hour
trips given the collective development potentials.
Table 3. Trip Generation Rates
Trip Generation Rates (per DU for Res, per 1000 SF otherwise)
Use ITE Vail-Remote Vail-Close In
Daily Pea'k Daily PeMk Daily Peak
Residential — New 5.86 0.54 5 0.5 4 0.4
Residential — Re lace NA NA 0.75 0.08 0.6 0.06
Commercial - Office 11.01 1.49 11 1.49 11 1.49
Commercial — Retail 42.94 3.75 42.94 3.75 15 1.3
Hospital 17.6 1.18 17.6 1.1 NA NA
Figure 7 shows the 2025 total PM peak hour traffic projections at the Town's roundabout
intersections and many of the Frontage Road cross-streets. In general, future PM peak hour
traffic flows along the frontage roads are prajected to increase an estimated �9-40 to 4E1-50
percent over existing traffic flow levels at peak times. The interchanges will experience a greater
concentration in traffic with the additional trips. Major cross-streets will still include Vail Valley
Drive, both parking structure access points, and West Vail accesses (if access modifications are
not constructed). Moderately traveled cross-streets include all of the Lionshead Circles, Village
Drive, and Forest Road (given Ever Vail redevelopment and if left intact).
B. Traffic Operations
Similar to the existing conditions LOS analysis, the roundabout intersections were analyzed
for ideal conditions as well as for snow conditions using the same factors and adjustments
mentioned before. Figure 8 shows the results of the PM peak hour analyses. Noticeable
capacity deficiency highlights include:
► Main Vail Interchange — The north roundabout is projected to operate at a LOS F
during the PM peak hour. The south roundabout is projected to function at LOS D, but
several approaches are expected to operate at LOS E or LOS F.
► West Vail Interchange — Both roundabouts are projected to operate at LOS F during the
PM peak hour.
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Vail Transportation Master Plan Update
Table 5. Main Vail Interchange North Roundabout - Alternatives Assessment
Main Vail Interchange, North Roundabout
LOS F projected along WB off-ramp and Spraddle Creek Approach
Sno and Ideal Conditions
Primary Issue(s):
Major traffic conflict is between NB left turn movement (to WB I-70 and
Frontage Road) and WB left turn movement from WB I-70 off-ramp.
Expand to a full two lane roundabout; add northbound approach lane
Realistic Capacity Improvement(s): from under I-70 (possibly reversible lane); add bypass lane from
Fronta e Road to WB I-70.
Supplemental Traffic Reduction Still Still need to reduce PM peak hour forecasts by 50 to 100 vehicles per
Needed for LOS D on otherwise poor
operatin a roaches(Sno hour, or 2 to 4 percent.
2025 Traffic Composition: 30% is from proposed development.
Potential Measure Traffic Flow Effect Relative Cost
(as lsofated Measure)"
1. Add Simba Run underpass. Total traffic�reduced by 150 to 200 High, but measure would provide
vph (6 to 8/o). other benefits as well.
2. Encourage use of East Vail Estimated ramp traffic removed is Low; would require VMS along I-
Interchange between 100 and 150 vph (4 to 70 and along Bighorn Road.
6 /o .
Estimated traffic removed is Low; would impact parking
3.Parking Management Measures between 100 and 150 vph (3 to olic
5% . p y�
4. Express Bus Service linking West Estimated traffic removed is
Vail, Lionshead, and Vail Village between 50 and 100 vph (2 to Medium.
4 /o .
5. Extended Skiing Hours Estimated traffic removed is o Low.
between 25 and 50 vph (1 to 2/o}.
6. Metering of Outbound Structure Estimated traffic removed is o Low; toll booths already in place.
Traffic (toll booths)"' between 50 and 75 vph (2 to 3/o).
7. Expand Regional Transit Service Estimated traffic reduction of
(e.g. Summit County Front Range) 1% per every three to four peak Medium to High
hour bus tri s.
Other Considerations
Could reduce intersection's PM
Mixed Use Trip Gen Reduction (VW)" peak hour traffic by another 25
v h 1%
Employee housing auto disincentive Could reduce intersection's PM
(Timber Ridge} peak hour traffic by another 25 to
50 vph (1 to 2%
' Combining measures wiil reduce the etfecf of certain measures as some mitigation measures target the same traffic
"group".
"` This consideration entails redeveloping the West Vail area to better balance uses and incite internal trip-making.
`"`Potentially, improvements in parking control equipment over time may allow for a more rapid exit flow rate. While
this will be advantageous to those attempting to exit, it will contribute to the peak traffic concentration along Town
roads. Meterin this outbound flow would rovide a little benefit to traffic o erations.
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Vail Transportation Master Plan Llpdate
Table 6. Main Vail Interchange South Roundabout - Alternatives Assessment
Main Vail Interchange, South Roundabout
LOS F projected along WB Frontage Road Approach and along Vail
Road a roach sno
Primary Issue(s): Major movement is WB right turn to under I-70 (much of which is oriented
to WB I-70). Largest conflict with this movement includes the combination
of movements onto the EB on-ram .
Realistic Capacity Improvement(s): Incorporate second northbound lane under I-70 and re-designate WB
Frontage Road lanes to utilize it (right, through/right, and left/through).
Still need to reduce PM peak hour forecasts by 50 to 100 vehicles per
Supplemental Traffic Reduction Still hour, or 1 to 2 percent. Additional reduction may be desirable to provide
Needed for LOS D(Snowy): excess capacity for U-turns from/to the west (due to right-in/right-out
access restrictions nearb .
2025 Traffic Composition: 25% is from proposed development.
Potential Measure Traffic Flow Effect Relative Cost
(as Isolated Measure)*
Total traffic reduced by 150 to 200 vph (3 High, but measure would
1. Add Simba Run underpass. to 4o�o� provide other benefits as
well.
Estimated ramp traffic removed is between Low; would require VMS
2. Encourage use of East Vail 50 and 100 vph (1 to 2%). This measure along I-70 and along
Interchange would also create some "shifts" in traffic gighorn Road.
entering the roundabout.
3. Parking Management Measures Estimated traffic rem� oved is between 125 Low; would impact parking
and 200 vph (2 to 4/o). policy.
4. Express Bus Service linking West Estimated traffic removed is Medium.
Vail, Lionshead, and Vail Village between 50 and 100 vph (1 to 2%).
5. Extended Skiing Hours Estimated traffc removed is between 25 Low.
and 50 vph (1 /o).
6. Metering of Outbound Structure Estimated traffic removed is between 100 Low; toll booths already in
TrafFc (toll booths)"' and 150 vph (2 to 3%). place.
7. Expand Regional Transit Service Estimated traffic reduction of 1% per Medium to High
(e.g. Summit County Front Range) every three to four peak hour bus trips.
Other Considerations
Mixed Use Trip Gen Reduction (VVV)" Could reduce intersection's PM peak hour
traffic by 25 (<1 %).
Employee housing auto disincentive Could reduce intersection's PM peak hour
imber Rid e traffic b another 25 to 50 v h 1%
Hospital Access onto Fr. Road
' Combining measures will reduce the effect of certain measures as some mitigation measures target the same
traffic "group".
" This consideration entails redeveloping the West Vail area to better balance uses and incite internal trip-making.
"'Potentially, improvements in parking control equipment over time may allow for a more rapid exit flow rate. While
this will be advantageous to those attempting to exit, it will contribute to the peak traffic concentration along Town
roads. Meterin this outbound flow would rovide a little benefit to traffic operations.
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Vail Transportation Master Plan l.Ipdate
Table 7. West Vail Interchange North Roundabout - Alternatives Assessment
West Vail Interchan e, North Roundabout
LOS F projected along WB Frontage Road Approach and LOS E along
SB Chamonix Drive a roach sno
Primary Issue(s): Major movement is WB left turn to under I-70, to WB I-70, and NB
approach to EB Frontage Road and onto WB I-70. Largest conflict
involves NB left turn onto WB I-70 with the left turns from WB Frontage
Road.
Realistic Capacity Improvement(s): Add northbound approach lane from under I-70. Should also add SB
Chamonix a roach lane.
Supplemental Traffic Reduction Still Still need to reduce PM peak hour forecasts by 200 to 250 vehicles
Needed for LOS D(Snowy): per hour, or 6 to 8 percent.
2025 Traffic Composition: 21% is from proposed development.
Potential Measure Traffic Flow Effect Relative Cost
(as Isolated Measure)*
1. Add Simba Run underpass. Total traffic reduced by 400 to 450 High, but measure would provide
vph (10 to 12 /o). other benefits as well.
Estimated traffic removed is
2. Parking Management Measures between 25 to 50 �vph (less Low; would impact parking policy.
than 1 %
3. Express Bus Service linking West Estimated traffic removed is
Vail, Lionshead, and Vail Village between 75 and 100 vph (2 to Medium.
3 /o .
4. Extended Skiing Hours Estimated traffic�removed is less Low.
than 25 vph (<1 /o).
5. Metering of Outbound Structure Low; toll booths already in place.
Traffic (Village and LH toll Estimated traffic removed is 0 Metering outbound West Vail
booths)""" between 25 and 50 vph (1 to 2/o). commercial traffic may be
beneficial.
6. Expand Regional Transit Service Estimated traffic reduction of
(e.g. Summit County Front 1% per every three to four peak Medium to High
Ran e hour bus tri s.
Other Considerations
Mixed Use Trip Gen Reduction Could reduce intersection's PM
��„ peak hour traffic by 25 to 50 vph
'� %
Employee housing auto disincentive Could reduce intersection's PM
(Timber Ridge) peak hour traffic by less than 25
v h <1%
Could reduce intersection's PM
Less West Vail Development peak hour traffic by 25 vph per
10,000 SF reduction in retail.
" Combining measures will reduce the effect of certain measures as some mitigation measures target the same traffic
"group".
�� This consideration entails redeveloping the West Vail area to better balance uses and incite internal trip-making.
"'Potentially, improvements in parking control equipment over time may allow for a more rapid exit flow rate. While
this will be advantageous to those attempting to exit, it will contribute to the peak traffic concentration along Town
roads. Meterin this outbound flow would rovide a little benefit to traffic o erations.
. FFi_s��ac
Ci i-� o �-r s:
ULLEVIG
Page 38
Vail Transportation Master Plan Update
Table 8. West Vail Interchange South Roundabout - Alternatives Assessment
West Vail Interchange, South Roundabout
LOS F projected along EB Frontage Road Approach (relative minor)
and alon EB Off-ram sno
Primary Issue(s): �
Major movement is WB right turn to under I-70. This movement's
largest conflict includes the eastbound off-ramp left turn to under I-70.
Realistic Capacity Improvement(s): Add northbound approach lane from under I-70 (extended back to the
south roundabout
Supplemental Tra�c Reduction Still Still need to reduce PM peak hour forecasts by 100 to 150 vehicles
Needed for LOS D(Snowy): per hour, or 3 to 5 percent.
2025 Tra�c Composition: 21 % is from proposed development.
Potential Measure Traffic Flow Effect Relative Cost
(as Isolated Measure)*
1. Add Simba Run underpass. Total tra�c reduced by 400 to 450 High, but measure would provide
vph (14 to 16 /o). other benefits as well.
2. Parking Management Measures Estimated tra�c removed is o Low; would impact parking policy.
between 25 and 50 vph (1 to 2/o).
3. Express Bus Service linking West Estimated tra�c removed is
Vail, Lionshead, and Vail Village between 75 and 100 vph (3 to Medium.
4 /o .
4. Extended Skiing Hours Estimated tra�c�removed is less Low.
than 25 vph (<1 /o).
5. Metering.of Outbound Structure Estimated tra�c removed is o Low; toll booths already in place.
Tra�c (toll booths) between 25 and 50 vph (1 to 2/o).
6. Expand Regional Transit Service Estimated traffic reduction of
(e.g. Summit County Front 1% per every three to four peak Medium to High
Ran e hour bus tri s.
Other Considerations
Mixed Use Trip Gen Reduction Could reduce intersection's PM
��„ peak hour tra�c by 25 to 50 vph
1 to 2%
Employee housing auto disincentive Could reduce intersection's PM
(Timber Ridge) peak hour tra�c by less than 25
v h <1 %
Could reduce intersection's PM
Less West Vail Development peak hour tra�c by 25 vph per
10,000 SF reduction in retail.
' Combining measures will reduce the effect of certain measures as some mitigation measures target the same tra�c
"g roup".
*' This consideration entails redeveloping the West Vail area to better balance uses and incite internal trip-making.
"'Potentially, improvements in parking control equipment over time may allow for a more rapid exit flow rate. While
this will be advantageous to those attempting to exit, it will contribute to the peak tra�c concentration along Town
roads. Meterin this outbound flow would rovide a little benefit to traffic o erations.
. FEi_ss�Fac
C� HOLT 6:
u�i_evic
Page 39
Vail Transportation Master Plan Update
H. Transit
�FQi�'Jii}-'vvi�iF?1r��f3Fi-�fi£� ;�"J{��iiC'r€2!<J.'��'c,'�'.�1FJFll�l :�d4i� fcL}l}i{'��•,T,7 ar�Gt,-�:��q�� t!, \/-,'I'o +r-�Y,:i�sr�'f�F1E�
#a; y�es#-�z���a�,�-°���„i�Growth within Vail, Eagle County, the "Front Range", and
Colorado as a whole will require transit enhancements to maintain the existing
percentage of transit ridership and to encourage additional transit usage in the future.
This study assumes transit usage will generally maintain its existing levels of
approximately 14 percent for the Town of Vail and 10 percent for Eagle County. This is
reflected in the reduction taken in the number of future trips generated. The total number
of future trip projected is 2800 per hour, this takes into account multi-use trips as well as
multi-modal uses. This is an overall 36% reduction from the standard ITE projection of
the approximately 4350 trips.
Transit enhancements can be generally be categorized as follows;
► Local Transit Enhancements
• Bus Capacity — Increase number of buses and service routes
• Bus Service — Increase bus service, by reducing headways
• Shuttte services
► Regional Transit Enhancements
• "Front Range" bus service
• Charter buses
• Eagle (ECO), Summit and Lake County bus service
► Other Transit Mode Enhancements
• Railways (Light, High-Speed)
► Transit Incentives
• Making transit
• Easier
• Faster
• Cheaper
The Town is currently coordinating with the I-70 PEIS, the RMRA Study, the I-70 Coalition
and the Eagle County Collaborative to consider Regional Transit Enhancements and
Railways. The Town will need to continue collaboration with these groups and provide
input to process and study.
The enhancement to Vail's local transit can be directly implemented by the Town to
increase service levels for guests and residents.
. FFLSBL!FG
(� HOLT S.
l ULI_E�'1(�
Page 47
Vail "I'ransportation Master Plan Update
The Eagle County bus system (ECO) would also make use of the Lionshead Transportation
Center. It is anticipated that demand served by ECO will grow in the future given the strong
potential for growth Down Valley within Eagle County. Potential routing of this service within Vail
could also be enhanced with a Simba Run underpass.
I. Parking
Currently, the town-owned Village Structure and the Lionshead Structure provide 2500 total
spaces of public parking. Ford Park offers parking for an additional 250 vehicles during ski
season supplemented with transit service to the Village; this parking is restricted to permitted
vehicies only. As previously mentioned, the Town has set a goal to establish 400 additional
public parking spaces for the near-term planning horizon and a total of 1000 additional public
parking spaces for the long-term. These objectives are based on parking demand projections
completed in 2001 that include a reduction of 44 to 48 percent for transit usage and on
winter season parking data relative to the frequency of using the Frontage Road to serve
overflow parking demands, and the additional parking is intended to reduce how often the
Town's supply is exceeded. Frontage Road parking statistics are collected nearly every time the
Frontage Road is pressed into service. The Town has established an objective to accommodate
the 90'h percentile design day, which is approximately equal to the 15`h busiest day during winter
ski season; the 400 and 1000 space increase would meet this goal for the short-term and long-
term time-frames, respectively.
Location options to place the increased parking supply include the following:
► West Lionshead (Ever Vail) as part of that area's redevelopment. Between 300 and 500
additional ublic parking spaces are being considered as part of the West Lionshead plan
(beyond parking to be dedicated to development uses). In association with this and the new
lift planned for West Lionshead is the potential for a roundabout intersection onto the
Frontage Road and transit facilities.
► Lionshead Structure as part of its possible redevelopment. The redevelopment of the
Lionshead Structure could incorporate an additional 200 to 300 public spaces for public use
(beyond the parking needed to support the proposed uses).
Ford Park - Pre{iminary study conducted by the Town has yielded the possibility of adding
300 to 600 spaces at Ford Park, likely belaw the playing fields. The potential of constructing
a roundabout at Ford Park would support the additional of parking in this area relative to
access onto the Frontage Road, and transit service providing connectivity to the Village
would be necessary to support this concept. Sesides serving parking demands during ski
season, the provision of parking at Ford Park would support event activity during the
summer.
The future location of the parking supply within the Main Vail area (Lionshead and Vail Village)
may remain a bit out of alignment with the parking demand generators. If the development and
redevelopment of Vail comes to fruition as described in this report, there will be a bit of a
mismatch with respect to the placement of the parking versus the demand for the parking.
Figure 10 illustrates the imbalance.
. FELSBURG
C� HbLT &
ULLE\iIG
Page 50
Vail Transportation Master Plan Update
VI. FRONTAGE ROAD ACCESS MANAGEMENT PLAN
As the Town's Transportation Plan was being developed through this process, CDOT and the
Town agreed to develop an Access Management Plan (AMP) for the North and the South
Frontage Road. The AMP will serve as a planning tool for CDOT and for the Town in that it
defines allowable access from which proposed development can plan. The AMP is a document
that CDOT and Town staff agree to in principal; it is not subject to a formal IGA and agency
adoption.
The plan is intended to show the long-term access onto the Frontage Roads. It is NOT the intent
to use the plan as a means of closing access to an existing thriving use. Rather, the plan is used
as a framework for new development and redevelopment of properties or possibly when a
frontage road construction project (like widening takes place). If development or
redevelopment does not occur, then access will continue as it exists today, barring a safety issue.
Further, the access locations are not meant to be precise. The plan shows potential access
locations that are plus/minus 50 feet or so, and shifts larger than this might be possible as well.
Besides showing access onto the roadway, the plan also shows each parcel's access if it is not
onto the Frontage Road. Examples of this include a parcel accessing a cross-street (rather than
the frontage road) or gaining access through an adjacent parcel. Further, the AMP is based on
the assumption that individual parcels will remain under individual ownership. In the event that a
development plan incorporates numerous individual parcels as part of a common proposal, then
the access scheme needs to be carefully evaluated and could be different than what the AMP
shows.
The AMP is shown in Appendix G and it recognizes the elements of the plan that have been
described to this point. Many of the existing access points are recognized in the plan. The most
notable intersection/access change is the Simba Run underpass of I-70. This will create two major
intersections onto the frontage road system. Other areas of anticipated change include the
following:
► A new access to serve the Vail Valley Medical Center is shown along the South Frontage
Road approximately 900 feet west of Vail Road. Additional coordinating with the Medical
Center may be needed as their plans continue to evolve. Potential access consolidation
should be pursued.
. i'7LT7�la'T.�:!-ZT.1� �'1 :T-ZT�JTSS7T�i.
�. '
�
•�
► The West Lionshead Redevelopment Plan, otherwise known as Ever Vail, entails relocating
the South Frontage Road to adjacent to I-70 in the proximity to Forest Road. This along with
the development planned in that area will introduce five access points onto the Frontage Road
(including the Forest Road roundabout), but it will eliminate 10 accesses serving current uses.
� FELSBI;r.c
�i �«��T �:
ULLE\'IC;
Page 53
Vail Transportation Master Plan Update
► West Vail commercial uses are potential candidates for redevelopment at the future time.
However, a master plan has not been finalized and there are numerous land owners in this
area that still need to coordinate. However, the ANIP is showing a roundabout access and
additional partial movement accesses. This would eliminate other access points along the
North Frontage Road.
► Timber Ridge is a planned affordable housing project located along the North Frontage
Road approximately equidistant between Lions Ridge Loop and Buffehr Creek Road. Its
potential access scheme includes two accesses onto the Frontage Road.
It should further be noted that the Ever Vail development proposal is being proposed by
the Town. Located in Lionshead at Forest Road, the Ever Vail development includes
relocating the South Frontage Road up against I-70. This will require a modification to the
AMP.
. FFi_ssur.c
Ci I-IOLT &
ULLEVIC;
Page 54
MEMORANDUM
TO: Planning and Environmental Commission
FROM:
DATE
Public Works Department and Community Development Department
April 27, 2009
SUBJECT: A request for a work session to discuss the adoption of the Frontage Road
Lighting Master Plan, an element of the Vail Transportation Master Plan, and
setting forth details in regard thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
SU M MARY
The applicant, Town of Vail, is requesting a work session to discuss the adoption of the
Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan,
and setting forth details in regard thereto. The Public Works Department and Community
Development Department request that the Planning and Environmental Commission
listens to presentations by Staff and Nancy Johnson with Fabray Lighting, ask questions,
and provide any preliminary direction.
II. DESCRIPTION OF REQUEST
The Town of Vail, in conjunction with the Colorado Department of Transportation, is. in_,,_-
'----------- --�----
the process of updating the Vail Transportation Master Plan in response_to the on-going_'�,�,
'---- --------------- ---
and projected� increases in development_activity,_ the_`esults _of pas�_master planning �, �, �
- �------
processes, and pending redevelopment plans. As a separate element of this plan, the�����,'�
Town is also in the process of adopting a lighting master plan for both the North and ",o�
South Frontage Roads. While the need for improved safety and way finding are the ';��' ��
primary drivers for creating this lighting master plan; the Town is also addressing '�';,',
aesthetics and environmental stewardship issues in this plan. The proposed lighting ���;,
master plan is intended to be implemented in stages as opportunities arises over time. �;, �
,,'
Both frontage roads are located within the Federal Highway Administration's (FHWA) ;��
right-of-way (ROW) and are administered thru the Colorado Department of ��
Transportation (CDOT). Pursuant to Section 43-2-135, Division of Authority of Streets,
Colorado Revised Statutes (CRS) the Town of Vail is responsible for the illumination of
the frontage roads. The frontage roads currently have minimal roadway and pedestrian
lighting. The existing roadway lighting is limited to the roundabouts, and the existing
pedestrian lighting is limited to the commercial core areas and street intersections. With
this limited lighting, there are both safety concerns and way finding challenges for all
modes of transportation.
The overflow vehicle parking that occurs along the frontage roads at peak times is a
significant safety concern. Overflow parking occurs on the frontage roads 30 to 50 times
per year. This parking occurs at the busiest times during the year, in the busiest
locations along the frontage roads, during the shortest daylight hours of the year, during
times of inclement weather when road conditions are poor, and the parking occurs on
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the opposite side of a visitor's primary destination thus requiring pedestrians to cross the
frontage roads. The combination of these factors presents a precarious situation for
vehicles entering and exiting parking spaces along the frontage roads, for pedestrians
entering and exiting their parked vehicles, and for pedestrian trying to cross the frontage
roads at various locations to access the commercial core areas. Other safety concerns
include the general inability of vehicle drivers to adequately see pedestrians, bicycles,
stopped buses, and other obstacles at night.
Nighttime way finding challenges currently exist at the roundabouts and at various local
road intersections along the frontage roads. The existing frontage road conditions limit
the ability of drivers to determine their necessary direction of travel without becoming
lost. Primary vehicle routes need to be illuminated at major intersections to lead drivers
who are unfamiliar with the area down the right path. Secondary road intersections also
need to be illuminated to allow the unfamiliar driver an opportunity to anticipate
upcoming intersections and to give the driver the ability to read relevant signage.
Notable destination points such as the Village parking structure, Lionshead parking
structure, and Ford Park also need to be property illuminated.
The existing Main Vail roundabout is a notable example of poor nighttime way finding.
Currently when a vehicle arrives at the Main Vail roundabout it is unclear to most
unfamiliar drivers which direction is the primary route. Many unfamiliar drivers
mistakenly travel south on Vail Road until they reach a dead-end at Check Point Charlie
in the Vail Village. It is not clear to an unfamiliar driver that the primary routes of travel
from the Main Vail roundabout are along the West South Frontage Road and the East
South Frontage Road. Appropriate lighting design can compliment improved signage to
delineate the correct desired direction of travel.
The Town anticipates that the proposed lighting master plan will be implemented over
time as roadway and private development construction projects occur. Staff believes it
is critical that each individual development project adjacent to the frontage roads be
coordinated with a comprehensive street lighting master plan. Unfortunately, there are
multiple private developments and roadway improvement projects already under
construction adjacent to the frontage roads. The roadway and pedestrian lighting
improvements associated with this construction is currently being implemented on a
project-by-project basis, rather than in a comprehensive and coordinated manner. The
proposed lighting master plan is intended to remedy this situation and provide direction
into the future.
Attached are two preliminary exhibits describing the overall need, the desired overall
design, and potential lighting levels along the frontage roads.
III. STAFF RECOMMENDATION
The Public Works Department and Community Development Department recommend
the Planning and Environmental Commission tables this item to its May 11, 2009, public
hearing for further review.
IV. ATTACHMENTS
A. Lighting need, design, and lighting level exhibits
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 27, 2009
SUBJECT: Information Update: The Administrator has determined that public lockers may be
installed on the exterior of the Lionshead ski yard public restroom building as a
"skier services" use on the first floor in the Lionshead Mixed Use 1 District
pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor or
Street Level, Vail Town Code; located at 600 Lionshead Mall/Lot 2, Lionshead
Filing 6, and setting forth details in regard thereto.
Planner: Bill Gibson
SUBJECT PROPERTY
The subject property is 600 Lionshead Mall/Lot 2, Lionshead Filing 6.
II. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION
Pursuant to Sub-section 12-3-3B-1, Appeal of Administrative Actions; Authority, Vail
Town Code, the Planning and Environmental Commission has the authority to call up
(i.e. appeal) any decision, determination or interpretation by any Town of Vail
administrative official with respect to the provisions, standards, and procedures of the
Title 12, Zoning Regulations, Vail Town Code.
III. ADMINISTRATIVE ACTION
On March 22, 2007, the Planning and Environmental Commission granted approval of a
major exterior alteration to allow for the construction of a permanent public restroom
building in the Lionshead ski yard adjacent to Chair 8. This is generally the location of
the existing temporary public restroom building.
The Community Development Department recently received a building permit application
for the permanent public restroom building. This building permit application differed from
the 2007 application in that exterior public lockers were proposed on the western side of
the building. The proposed permanent public restroom building is one story in height,
and the location of the proposed public lockers would be defined as "first floor or street
level" pursuant to Chapter 12-2, Definitions, Vail Town Code.
The proposed public restroom building site is located within the Lionshead Mixed Use 1
District. Pursuant to Section 12-7H-2, Vail Town Code, "commercia/ ski storage" and
`public or private /ockers or storage" are permitted uses on the basement or garden
level. These uses are not listed as permitted on the first floor or street level in Section
12-7H-3, Vail Town Code, and are therefore prohibited on this level of a building.
However, "skier ticketing, ski school, and skier services" are permitted uses on the first
floor or garden level. In addition to restrooms, the proposed public restroom building will
also include space for the Children's Ski School. In 2007, both the restroom and ski
school uses were interpreted as "skier ticketing, ski school, and skier services" uses
permitted on the first floor or street level.
Chapter 12-2, Definitions, Vail Town Code, defines "commercia/ ski storage" as outlined
below in Section IV of this memorandum. Unfortunately, Chapter 12-2 does not define
"skier services" or `public or private /ockers or storage" which is a land use unique to the
Lionshead Mixed Use 1 District. However, Article 12-8E, Ski Base Recreation 2 District,
Vail Town Code, clarifies what uses are associated with skier services by permitting the
land use "Skier and guest services including, but not limited to, uses such as basket
rental, lockers, ski repair, ski rental, lift ticket sa/es, public restrooms, information/activity
desk" on the first floor in the Village ski yard area and the Front Door project.
Staff believes the proposed public lockers on the exterior of the permanent Lionshead
ski yard public restroom building could be interpreted as "commercia/ ski storage';
`public or private /ockers or storage'; or "skier ticketing, ski school, and skier services"
land uses. However, Staff believes these proposed lockers will serve as a guest
amenity accessory to the public restrooms consistent with the "skier service" land use
description. Staff does not believe these specific lockers are intended as a separate
business use such as "commercia/ ski storage". Since the proposed lockers are to be
located on the exterior of a public restroom; Staff does not believe the proposed lockers
will displace any existing or future first floor retail, restaurants, etc. uses desired by the
horizontal zoning principles applied to the Lionshead area.
Therefore, the Administrator has determined that public lockers may be installed on the
exterior of the Lionshead ski yard public restroom building as a"skier services" use on
the first floor in the Lionshead Mixed Use 1(LMU1) District pursuant to Section 12-7H-3,
Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code.
IV. APPLICABLE REGULATIONS OF THE TOWN CODE
Chapter 12-2, Definitions (in part)
COMMERC/AL SK/ STORAGE: Storage for equipment (skis, snowboards, boots
and po/es) and/or clothing used in skiing re/ated sports, which is available to the
public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasona/ or annual usage. Ski
storage that is part of a/odge, or dwelling unit, in which a fee is not charged, is not
considered commercia/ ski storage.
F/RST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal
zoning within specific zone districts, first f/oor or street /eve/ shall be any floor, or
portion of any floor, of a structure /ocated at or nearest to (either above or be/ow)
the /eve/ of the adjacent vehicular or pedestrian way, as determined by the
administrator or the planning and environmental commission. More than one f/oor,
or portion of f/oors, may be defined as first f/oor or street /evel within a sing/e
structure.
Article 12-7H, Lionshead Mixed Use 1 District
2
�
12-7H-2: PERMITTED AND COND/T/ONAL USES; BASEMENT OR GARDEN
LEVEL: (in part)
A. Permitted Uses: The following uses shall be permitted in basement or garden
leve/s within a structure:
Commercial ski storage.
Public or private lockers and storage.
12-7H-3: PERMITTED AND COND/T/ONAL USES; F/RST FLOOR OR STREET
LEVEL: (in part)
A. Permitted Uses: The following uses shall be permitted on the first floor or
street /evel within a structure:
Skier ticketing, ski school and skier services.
Article 12-8E, Ski Base Recreation 2 District
12-8E-2: PERMITTED USES: (in part)
A. The following uses shall be permitted within the ski base/recreation 2 district:
Ski base oriented uses including the following:
Skier and guest services including, but not limited to, uses such as basket
rental, lockers, ski repair, ski rental, lift ticket sa/es, public restrooms,
information/activity desk.
COMMISSION ACTION
The Planning and Environmental Commission may call up any administrative decision,
determination, or interpretation pursuant to 12-3-3, Appeals, Vail Town Code. Should
the Commission choose not to call up or modify the administrator's action; the
administrator's action shall become final.
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PLANNING AND ENVIRONMENTAL COMMISSION
April 13, 2009
l. 1:OOpm
�au�voFV�u �
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Rollie Kjesbo
David Viele departed at 4:30
Scott Lindall
Susie Tjossem
Michael Kurz
Swearing in by Loreli Donaldson
Training — Matt Mire, Town Attorney
MEMBERS ABSENT
Bill Pierce
Sarah Robinson-Paladino
Site Visits:
1. Vail Row Houses — 303 Gore Creek Drive
2. Pinos del Norte — 600 Vail Valley Drive
3. Golf Course Pump House — 1980 South Frontage Road East
45 minutes
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 through 14 (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: Recommendation of approval
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
Bill Gibson gave a presentation per the staff inemorandum recommending denial of the
proposed special development district. He highlighted changes made to the application since
previous public hearings.
Dominic Mauriello, of the Mauriello Planning Group, representing the applicant, gave a power
point presentation detailing the history of the development and the requests contained within the
Special Development District application.
Jim Lamont, Vail Homeowners Association, provided greater insight on the history of the site.
He believed that the Vail Row Houses were a part of the original Vail filing and that these
structures were some of the first structures built in Vail. He added that in 1974 the overhaul to
the Zoning Code was the result to the impacts seen by the constructed Mountain Haus. He
continued, by suggesting that the creation of a new zone district was more appropriate for these
townhouse style structures. He further discussed the height of structures in the neighborhood.
He concluded by stating that if an SDD is applied to this development, then serious consideration
needs to be given to its application to Vail Trails East and West and the Texas Townhomes.
Connie Knight, resident of the Vorlaufer, said did not see a need for a special development
district and that the benefit of encouraging redevelopment is not really a benefit. She noted that
most of the units have recently remodeled, and this SDD will only help the redevelop one lot.
Page 1
She expressed concern that the proposed additional floor area will be built on the Gore Creek
side of the buildings. She is against developing two feet from the new property line along the
park. She said the Inclusionary zoning change will only result in additional fee-in-lieu money,
and not in actual new employee housing. She also noted that the applicant's comparison to the
Willows was not appropriate since the Willows projects was a complete tear down.
Dominic Mauriello spoke again and noted that the proposed SDD will create a comprehensive
plan for the HOA as a whole.
Commissioner Kurz asked about creating another zone district versus a special development
district. Bill Gibson responded that creating a new zone district was discussed with the
applicants. He noted that from an applicant's perspective, creating a new zone district would
involve the coordination of many more property owners, would require addressing many issues
that may only relate to one the many similar non-conforming properties (i.e. Vail Rowhouses,
Vail Trails East and West, Texas Townhomes, etc.) which would likely involve a more
complicated and lengthy review process. For the applicant, the same outcomes could be
achieved through the SDD process.
Dominic Mauriello noted that a blanket rezoning of these similar properties would be difficult
given the unique non-conformities of each development site.
Commissioner Tjossem noted her support for the proposed SDD.
Commissioner Lindall asked Dominic Mauriello to clarify the GRFA cap proposed for Lot 13.
Dominic Mauriello clarified that at previous work session the Commission noted concern about
the potential bulk and mass for Lot 13 being out of character with the other units given its larger
lot size. Therefore, the applicant is proposing to cap the allowable GRFA for this one lot at a rate
lower than what is proposed for the other lots.
Commissioner Viele noted that the Town should apply similar floor area ratios to this project as it
has to other recent projects in the village such as the Willows. He also noted that the applicant's
proposal to dedicate land to Roger Staub Park is a significant public benefit.
Commissioner Kjesbo stated his support for the application. He described the difficulties in
maintaining one-half the existing floor area to maintain the units grandfathered status from his
past experience remodeling some of the Vail Rowhouse units. He noted that many of the units
could be converted into single units by removing the existing second kitchens, which he believes
are sometimes maintained solely to give the owners a second "250 Addition". By allowing the
additional floor area without requiring the second kitchen, the lots could become single units and
could therefore comply with their required parking space numbers. He recommended that lots
that don't remove their second unit could pay-in-lieu for the additional required parking spaces.
He noted that site coverage and building height limits will control the bulk and mass on these
properties more than GRFA limits. He does not oppose to the GRFA increases. He also noted
his support for an SDD rather than creating a new zone district due to the unique circumstances
affecting each of the neighboring properties.
In making his motion, Commissioner Viele made the additional finding that this application is
consistent with the precedents set for redevelopment in the village by the Willows SDD.
Page 2
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: Recommendation of approval (failed)
MOTION: Viele SECOND: Tjossem VOTE: 2-3-0 (Kurz, Kjesbo, and Lindall opposed)
Rachel Friede gave a presentation per the staff inemorandum recommending denial of the
proposed text amendments.
Scott Bluhm, representing the Vail Valley Foundation, asked the Commission to consider that the
signs would only be permitted on building under construction and not on completed buildings.
Commissioners Lindall, Kurz, and Kjesbo were not in support of the project as it was off-site
advertising with an inappropriate scale.
Commissioners Viele and Tjossem supported the proposal because of visual interest on
buildings which are not attractive during construction. Commissioner Tjossem provided Park
City as a good example of where these types of signs have been used to add vitality for special
events.
5 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: Tabled to April 27, 2009
MOTION: Kurz SECOND: Viele VOTE: 5-0-0
There was no discussion of this item.
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: Recommendation of approval with condition(s)
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-1 (Kjesbo recused)
CONDITION(S):
1. Locker setback: The applicant shall submit revised development plans that illustrate
the proposed ski storage lockers setback a minimum of 4.5 feet from the west property
line, prior to the final review of the development plans by the Town of Vail Design Review
Board.
2. Utility Sign-off: 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
utility companies, prior to the final review of the development plans by the Town of Vail
Design Review Board.
Page 3
3. Signs: 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. DRB approval: 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.
5. ERWS Encroachment: 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. Fire Safety: 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. Revocable ROW: 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.
Commissioner Kjesbo recused as his company will be performing the work being proposed if
approved.
Nicole Peterson gave a presentation per the staff inemorandum.
Jen McKelvie, from Fritzlen Pierce Architects, stated that the applicant agrees with the Staff
memo, except for condition No. 1, which stated, "The applicant shall submit revised deve/opment
plans that illustrate the proposed ski storage /ockers setback a minimum of 5 feet from the west
property line, prior to the final review of the deve/opment plans by the Town of Vail Design
Review Board. "
Commissioner Lindall asked why the applicant would not move the lockers to the 5 foot setback.
Jen McKelvie, from Fritzlen Pierce Architects, stated that the existing lockers are actually 4.5 feet
from the property line.
Patrick Pinnett, of NEDBO Construction, representing the applicant stated that the HOA would
like to hold gatherings on the patio, which requires more space, which is why the proposal is for
an additional 2 foot encroachment into the setback and easement on the west side. He also
explained that the existing water line, that is cause for the easement, is quite far from the 10 foot
easement, and that the water line is being moved farther away, through current improvements.
Commissioner Viele asked if Staff would reconsider, and allow the encroachment, due to the
water-line being moved.
Warren Campbell stated that Staff believes the proposed lockers should not encroach farther
than the existing lockers.
Commissioner Viele stated that he did not support condition No. 1 and that a two foot setback
was adequate.
Commissioners Kurz and Tjossem expressed there support for the project.
5 minutes
5. A 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
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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: Approved with condition(s)
MOTION: Viele SECOND: Tjossem VOTE: 5-0-0
CONDITION(S):
1. The approval of this conditional use permit is contingent upon the applicant obtaining
approval of the design review application associated with this proposal.
Bill Gibson gave a presentation per the staff inemorandum.
There was no applicant presentation or public input.
The Commissioners expressed their support for the application.
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: Tabled to April 27, 2009
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0
Warren Campbell informed the Commission that today staff was requesting a work session and
that the Public Works Department would be leading the discussion.
Greg Hall and Tom Kassmel of the Public Works Department and Chris Fasching gave a
presentation addressing the Commissioner's questions and concerns from the previous work
session.
Commissioner Kurz asked questions related to transit service.
Commissioner Viele asked questions related to existing and future development impact fees.
Commissioner Tjossem asked questions related to the potential widening of the frontage roads.
Commissioner Viele departed at 4:30 pm.
Commissioner Kjesbo asked questions related to increasing the use of the I-70 interchange in
East Vail.
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: Tabled to June 8, 2009
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
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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 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. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to June 8, 2009
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
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 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. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to June 8, 2009
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
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: Tabled to June 8, 2009
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
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: Tabled to June 8, 2009
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
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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
13. Approval of March 23, 2009 minutes
MOTION: Tjossem SECOND: Kurz VOTE: 3-0-1 (Lindall recused)
14. Information Update
15. Adjournment
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 10, 2009, in the Vail Daily.
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