HomeMy WebLinkAbout2009-0511 PECPLANNING AND ENVIRONMENTAL COMMISSION
May 11, 2009
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TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Vail Plaza Hotel, 16 Vail Road
2. One Vail Place, 244 Wall Street
30 minutes
1. 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:
30 minutes
2. A request for a final review of an exterior alteration or modification, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of an addition
to the One Vail Place Building; located at 244 Wall Street/Lot 2, a re-subdivision of a part of Lot
C, Block 5C, Vail Village Filing 1, and Tract A, Front Door Three Dimensional Subdivision, and
setting forth details in regard thereto. (PEC090015)
Applicant: Vail Corporation, represented by Todd Architecture
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
3. 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
4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-
2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and
Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second
Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with
dwelling units, accommodation units, and conference facilities and meeting rooms on the
basement or garden level, multi-family dwelling units, accommodation units and conference
facilities and meetings rooms on the first floor or street level, and a fractional fee club on the
second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail
Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072)
Applicant: HCT Development, represented by TJ Brink
Planner: Rachel Friede
ACTION: Table to July 27, 2009
MOTION: SECOND: VOTE:
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 June 8, 2009
MOTION: SECOND: VOTE:
6. Approval of April 27, 2009 minutes
MOTION: SECOND: VOTE:
7. Information Update
8. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published May 8, 2009, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 11, 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 VII and VIII of this
memorandum and the evidence and testimony presented, the Staff recommends denial
of both requests subject to the findings noted in Section IX 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. 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
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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.
On April 27, 2009, the Planning and Environmental Commission held a public hearing to
discuss this application. The Commission discussed the option of temporarily approving
the applicant's request for a specified time period, such as three years, instead of
approving a permanent conversion of existing fractional fee club units to dwelling units.
Staff continues to recommend denial of this application. However, should the
Commission choose to grant a temporary approval of this request, Staff has drafted
possible conditions of approval which are outlined in Section IX of this memorandum.
At its April 27, 2009, hearing the Planning and Environmental Commission noted
concerns about applying Staff's previously proposed condition of approval requiring the
applicant to construct loading and delivery improvements to connect the hotel loading
dock to East Meadow Drive. Staff has revised the proposed conditions of approval
based upon input from the Commission and the Town Attorney's Office.
The applicant's proposal generates an increased parking demand of 0.7 parking spaces.
The applicant testified that the Vail Plaza Hotel (Phase IV of the Vail Village Inn Special
Development District) owns parking spaces physically located in the Phase III Building of
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the Special Development District. However, these spaces were necessary to meet the
original parking requirements of the Vail Plaza Hotel and are not "surplus". Therefore,
the applicant must construct an additional parking space within the Vail Village Inn
Special Development District or meet the additional parking requirements generated by
this proposal through another means.
Staff recommends the applicant meet this additional 0.7 parking space requirement
through the payment-in-lieu system established in Chapter 12-10, Off Street Parking and
Loading, Vail Town Code. The payment-in-lieu fee is currently $22,229.16 per parking
space and is subject to an annual adjustment based upon the Denver consumer price
index. Should the Commission choose to approval the applicant's request, Staff
recommends the Commission applies a condition that applicant pay the full $15,560.41
payment-in-lieu parking fee within 5 business days of obtaining final Town Council
approval of the major amendment to a special development district application.
However, should the Commission choose to approve a temporary approval of the
applicant's request with the fractional fee and dwelling unit mixed to be restored by a
specific future date, Staff recommends the applicant pay only one-half ('/2) of the parking
fee ($7,780.21). The Town Council has the authority to appropriate these funds to the
design, construction, and/or maintenance of loading and delivery improvements within
the Vail Village Inn Special Development District.
At its April 27, 2009, hearing, the Commission chose to table this item for further
discussion at its May 11, 2009, hearing and requested that a site visit also be scheduled
on that date.
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 residentia/ community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, f/ood, ava/anche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
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.
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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 desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
CHAPTER 12-2, 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 fractiona/ 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.
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-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.
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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 special 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.
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)
VI. 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)
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VII. 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
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.
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VIII. 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 1/12t" 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 hote/ 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,
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"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.
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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.
There are no changes proposed to the existing landscaping; 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.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
The original approval of the Vail Plaza Hotel's project was based upon the applicant
constructing accommodation units and fractional fee clubs units in keeping with the
intent of the Public Accommodation District and the Town's Comprehensive Plan. The
Planning and Environmental Commission and Town Council found the construction of
these "hot bed" and "warm bed" units to be a significant public benefit of the hotel's
original construction. Staff does not believe the proposed exchange of one unfinished
dwelling unit for two existing fractional fee club units provides any benefit to the
community; and Staff does not believe the applicant is proposing any other public benefit
to out weight the negative effects of reducing the number of fractional fee club units at
the Vail Plaza Hotel.
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 VI II
of this memorandum and the evidence and testimony presented.
10
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 deny 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:
1. 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.
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 applicab/e 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 request, the Community Development Department recommends the
Commission applies 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 approva/ shall expire and become null and void on May 11, 2012, or upon
the applicant vacating the subject existing fractiona/ fee club units of the Vail
P/aza Hotel prior to said date. The applicant shall restore the subject fractional
fee club units of the Vail P/aza Hote/ temporarily converted to dwelling units back
to fractional fee club units by no /ater than May 11, 2012; or within 7 ca/endar
days of the applicant vacating the subject existing fractiona/ fee club units of the
Vail P/aza Hotel prior to said date.
11
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 Chapter 12-10, Off
Street Parking and Loading, 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 5 business days of obtaining
approva/ of the associated major amendment to a specia/ deve/opment district
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
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 fractiona/ 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 specia/ 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
12
4. That the specia/ deve/opment district amendment does not promote the
hea/th, safety, mora/s, and general welfare of the town and promotes the
coordinated and harmonious deve/opment of the town in a manner that
conserves and enhances its natura/ environment and its established character as
a resort and residentia/ community of the highest quality. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission applies the following conditions:
"1. This approva/ shall expire and become null and void on May 11, 2012, or
upon the applicant vacating the subject existing fractiona/ fee club units of the
Vail P/aza Hotel prior to said date. The applicant shall restore the subject
fractiona/ fee club units of the Vail P/aza Hote/ temporarily converted to dwelling
units back to fractional fee club units by no /ater than May 11, 2012; or within 7
ca/endar days of the applicant vacating the subject existing fractiona/ fee club
units of the Vail P/aza Hotel prior to said date.
2. 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 Chapter 12-10, Off
Street Parking and Loading, Vail Town Code.
The applicant shall provide payment of at /east one-half (%) the full payment-in-
lieu fee ($7, 780.21) to the Town of Vail within 5 business days of obtaining
approva/ of the associated major amendment to a specia/ deve/opment district
application. "
X. ATTACHMENTS
A. Applicant's Request
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 11, 2009
SUBJECT: A request for a final review of an exterior alteration or modification, pursuant to
Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow
for the construction of an addition to the One Vail Place Building; located at 244
Wall Street/Lot 2, a resub of a part of Lot C, Block 5C, Vail Village Filing 1, and
Tract A, Front Door Three Dimensional Subdivision, and setting forth details in
regard thereto. (PEC090015)
Applicant: Vail Corporation, represented by Todd Architecture
Planner: Bill Gibson
SUMMARY
The applicant, Vail Corporation, represented by Todd Architecture, is requesting a final
review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the construction of an addition
to the One Vail Place Building; located at 244 Wall Street/Lot 2, a resub of a part of Lot
C, Block 5C, Vail Village Filing 1, and Tract A, Front Door Three Dimensional
Subdivision, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Sections VII of this memorandum
and the evidence and testimony presented, the Staff recommends approval, with
conditions, of this request, subject to the findings and conditions noted in Section VIII of
this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Vail Corporation, represented by Todd Architecture, is requesting a final
review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the construction of an addition
to Unit M1 of the One Vail Place Building.
The applicant is proposing to convert the old Vail Village lift ticket/ski school tenant
space, located adjacent to Wall Street and the Front Door ski yard, into a retail tenant
space for Vail Sports. The applicant is proposing this 452 sq. ft. addition on the first floor
of the One Vail Place building directly below the existing south and east facing second-
story decks. The applicant is proposing to construct this addition with exterior materials
that are consistent with existing building.
Portions of the proposed addition will encroach onto the adjacent Front Door
development site. A mutually agreed upon easement has been drafted between the
property owners to accommodate these proposed encroachments in a manner similar to
the easements created to allow underground elements of the Front Door project to
encroach onto the One Vail Place site.
A vicinity map (Attachment A) and the applicant's request (Attachment B) have been
attached for reference.
III. BACKGROUND
The One Vail Place Building was originally developed by Vail Associates in the late
1970's and was subdivided into condominiums in 1980. Since that time, there have
been numerous additions, renovations, and tenant remodels at this building. The Vail
Mountain lift ticket office and ski school services were located in the subject first floor
tenant space until the recent completion of the new ticket office at the adjacent Front
Door development project. Underground elements of the recently completed Front Door
project encroach onto the One Vail Place property with a mutually agreed upon
easement in place.
On May 6, 2009, the Town of Vail Design Review Board conceptually reviewed the
design review application associated with this exterior alteration or modification request.
The Board supported the applicant's proposal and directed Staff to approve the
associated design review application upon Planning and Environmental Commission
approval of this exterior alteration or modification request.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code
ARTICLE 12-7B, COMMERCIAL CORE I DISTRICT (in part)
12-7B-1: PURPOSE: The commercial core 1 district is intended to provide sites and to
maintain the unique character of the Vail Village commercia/ area, with its mixture of
lodges and commercia/ establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open space, and
other amenities appropriate to the permitted types of buildings and uses. The zoning
regulations in accordance with the Vail Village urban design guide plan and design
considerations prescribe site deve/opment standards that are intended to ensure the
maintenance and preservation of the tightly clustered arrangements of buildings fronting
on pedestrianways and public greenways, and to ensure continuation of the building
sca/e and architectural qualities that distinguish the village.
V. SURROUNDING LAND USES AND ZONING
Land Uses Zoninq
North: Mixed Use Commercial Core I
South: Mixed Use Ski Base Recreation 2
East: Mixed Use Commercial Core I
West: Mixed Use Commercial Core I
VI. ZONING ANALYSIS
Zoning: Commercial Core 1 District
Land Use Plan Designation: Vail Village Master Plan Study Area
Current Land Use: Mixed Use
2
Development Standard Required Proposed
Setbacks (min)
Building Height (max)
Density (max)
Site Coverage (max)
Landscape Area (min)
Parking (min):
none, or per Vail Village
Urban Design Guide
Plan and Design
Considerations
per Vail Village
Urban Design Guide
Plan and Design
Considerations
0.80 GRFA and
25 DU's per acre
80%, or per Vail Village
Urban Design Guide
Plan and Design
Considerations
no reduction, or per Vail
Village Urban Design
Guide Plan and Design
Considerations
2.4 spaces per 1,000 sq.ft.
(0.452 new spaces)
fee-in-lieu zone with
commercial rate of
zero ($0) per space
no change
no change
no change
no change
no change (planters added)
none
Commercial Linkage mitigation of 20% of 2.4 net $72,425.32 fee-in-lieu, or
new employees generated construction of a studio
employee housing unit, or
deed restriction of an
existing dwelling unit
VII. REVIEW CRITERIA
Before acting on an exterior alteration or modification application, the Planning and
Environmental Commission shall consider the following factors with respect to the
application:
1. Compliance with the purposes of the Commercial Core 1 District.
Staff believes this proposal is consistent with the unique character of the Vail Village
commercial area with its mixture of lodges and commercial establishments in a
predominantly pedestrian environment.
Staff believes the setbacks and building scale associated with this proposal ensure
adequate light, air, open space, and other amenities appropriate to the permitted
types of buildings and uses.
3
Staff believes the proposal ensures the maintenance and preservation of the tightly
clustered arrangements of buildings fronting on pedestrian ways and public
greenways, and ensures the continuation of the building scale and architectural
qualities that distinguish the village due to the scale and architectural/aesthetic
qualities of the proposal.
2. Consistency with the applicable elements of the Vail Village Master Plan, the
Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan.
Staff believes this proposal is consistent with the following goals and objectives of
Vail Village Master Plan:
GOAL #1: Encourage high quality, redeve/opment while preserving unique
architectura/ sca/e of the village in order to sustain its sense of community and
identity.
Objective 1.2: Encourage the upgrading and redeve/opment of residential
and commercia/ facilities.
Objective 1.4: Recognize the "historic" importance of the architecture,
structures, landmarks, plazas and features in preserving the character of
Vail Village.
GOAL #2: To foster a strong tourist industry and promote year-around economic
hea/th and viability for the village and for the community as a who/e.
Objective 2.2: Recognize the importance of Vail Village as a mixed use
center of activities for our guests, visitors and residents.
Objective 2.4: Encourage the deve/opment of a variety of new
commercia/ activity where compatible with existing /and uses.
Objective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing /odging and commercia/ facilities to better serve
the needs of our guests.
GOAL #3: To recognize as a top priotity the enhancement of the walking
experience throughout the village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Since this proposal maintains pedestrian access along Wall Street and adjacent to
the Front Door ski yard and does not alter the existing streetscape improvements
outside the perimeter of the proposed addition, Staff believes this proposal is
consistent with the Vail Streetscape Master Plan.
Since this proposal is consistent with the intent and purpose of the Town's Zoning
Regulations, the Vail Village Master Plan, and the Vail Streetscape Master Plan, and
the Vail Village Urban Guide Plan, Staff believes this proposal is consistent with the
Vail Comprehensive Plan.
0
3. Effect on the character of the neighborhood.
Staff believes the scale and architectural/aesthetic qualities of the proposal are
consistent with the existing One Vail Place Building and the surrounding buildings.
The addition is proposed addition is located within the footprint of the second story
decks; therefore, Staff believes this proposal will maintain the existing character of
the neighborhood.
4. Compliance with the Vail Village Urban Design Guide Plan and the Vail Village
Design Considerations, to include, but not be limited to, the following urban
design considerations: pedestrianization, vehicular penetration, streetscape
framework, street enclosure, street edge, building height, views,
service/delivery and sun/shade analysis.
On May 6, 2009, the Vail Design Review Board conceptually reviewed this proposal
and determined that this proposal is in compliance with the pedestrianization,
vehicular penetration, streetscape framework, street enclosure, street edge, building
height, views, service/delivery and sun/shade analysis topics outlined in the Vail
Village Urban Design Guide Plan and the Vail Village Design Considerations.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves, with conditions, this request for an exterior alteration or
modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail
Town Code, to allow for the construction of an addition to the One Vail Place Building;
located at 244 Wall Street/Lot 2, a resub of a part of Lot C, Block 5C, Vail Village Filing
1, and Tract A, Front Door Three Dimensional Subdivision, and setting forth details in
regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this request
with conditions, the Community Development Department recommends the Commission
pass the following motion:
"The P/anning and Environmenta/ Commission approves this request for an
exterior a/teration or modification, pursuant to Section 12-7B-7, Exterior
A/terations or Modifications, Vail Town Code, to allow for the construction of an
addition to the One Vail P/ace Building; located at 244 Wall Street/Lot 2, a resub
of a part of Lot C, B/ock 5C, Vail Village Filing 1, and Tract A, Front Door Three
Dimensiona/ Subdivision, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this request
with conditions, the Community Development Department recommends the Commission
makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of this Staff
memorandum to the P/anning and Environmenta/ Commission dated May 11,
2009, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
5
1. The proposed building modification is in compliance with the purposes of the
Commercia/ Core 1 District as referenced in Section 1 V of this Staff
memorandum to the P/anning and Environmenta/ Commission dated May 11,
2009.
2. The proposal complies with the Vail Village design considerations as
referenced in Section IV of this Staff inemorandum to the P/anning and
Environmenta/ Commission dated May 11, 2009.
3. The proposa/ does not otherwise a/ter the character of the neighborhood. "
Should the Planning and Environmental Commission choose to approve this request
with conditions, the Community Development Department recommends the Commission
applies the following conditions:
"1. This approval is contingent upon the applicant obtaining approva/ of the
design review application associated with this proposal.
2. The applicant shall execute all necessary easements to allow the proposed
addition to encroach onto the Front Door deve/opment site prior to application for
a building permit for this proposal.
3. The applicant shall meet the employee housing mitigation requirements of
Chapter 12-23, Commercia/ Linkage, Vail Town Code, prior to issuance of any
building permits associated with this proposal. Should the applicant choose to
meet this requirement with a payment of fees-in-lieu, the applicant shall provide
payment of $72,425.32 to the Town of Vail."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
0
Attachment A
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Attachmei��t B
PROJECT NARRATIVE
Planning and Environmental Coinrnission
Project Location: 244 Wall Street, Vail CO 81657
2 Apri12009
Todd Architecture
Project Scope
This project involves a 452 square foot adclition to and remodel of an e�sting structure in
Vail Village, and a change in occupancy from ticket and ski school sales to a retail sales
operation for Vail Sports. Interior work includes a new one hour-rated ceiling, non-
structural interior partitions, paint, carpet, 6re protection, mechanical, electrical, and store
fixtures.
Exterior work involves removal of existing non-structural storeftont walls, ticket windows,
stone transaction counter, and reconstruction of new a wood, glass and stone storefront.
Compatible Uses
Other retail uses in the village include Alaska Fur Gallery, AxePs, Billabong, Cashmere Vail,
Colorado Footwear, Gorsuch, J Phillips, Pepi Sports, Vail Boot and Shoe, and are
compatible with the proposed use as a retail sales store for apparel and ski eqiupment.
Impact of Use
The proposed use will not displace any active public functions, and have no effect regarding
rhe use of light and air, distribution of population, transportation facilities, utilities, schools,
parks and recreation facilities, and other public facilities and public facilities needs.
The proposed use will have no effect upon tsaffic, congestion, automotive and pedestrian
safety and convenience, traffic flow and contcol, access, maneuverability, and removal of
snow from the streets and parking area.
By converting a vacant storefront into an active street-level use, the proposal will have a
positive effect upon the character of Vail Village. The addition will not alter the scale or
bulk of the proposed use in relation to surrounding uses.
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View Looking Northeasf
Context Photos
One Vail Place
4 April 2009
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Todd Architecture
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Public Works Department and Community Development Department
DATE: May 11, 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)
m
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
SUMMARY
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 consultants Nancy Johnson and Bob Hawkins, ask
questions, and provide any preliminary direction.
DISCUSSION ITEMS
At this work session, Staff will further address the following questions and concerns
expressed by the Commission at its April 27, 2009, hearing:
• What are the appropriate Frontage Road light pole heights?
• How can Frontage Road lighting be integrated with streetscaping and
wayfinding signage.
• What are the qualitative impacts of Frontage Road lighting and the various
potential light source types?
• What lighting control options are available for the various potential light
source types?
Staff will also be discussing and requesting direction from the Commission on the
selection of the appropriate street light color temperature of the lamp source, the
appropriateness of various pole height options, the appropriateness of various pole
spacing options, and the appropriateness of various light control options.
III. STAFF RECOMMENDATION
The Public Works Department and Community Development Department requests the
Planning and Environmental Commission tables this item to its June 8, 2009, public
hearing for further review.
PLANNING AND ENVIRONMENTAL COMMISSION
April 27, 2009
l. 1:OOpm
�au�voFV�u �
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Scott Lindall
Rollie Kjesbo
Bill Pierce
Susie Tjossem
Sarah Paladino departed at 3:20
Michael Kurz
Site Visits:
None
MEMBERS ABSENT
David Viele
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: Approved with condition(s)
MOTION: Kjesbo SECOND: Paladino VOTE: 6-0-0
CONDITION(S):
1. This variance approval 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
approval for this proposal.
Bill Gibson gave a presentation per the staff inemorandum. He explained the two elements of
the request and the staff recommendation of support for the proposed dormer and the
recommendation of denial for the deck expansion further into the side setback.
Steven Riden, representing the applicant, provided some points of clarification regarding a 2004
approval which included the deck expansion that they are currently requesting.
Commissioner Kurz had no questions or comments.
Commissioner Paladino asked for clarification regarding the expansion to the deck. She further
asked if the DRB would be reviewing the deck.
Bill Gibson clarified the deck portion of the applicant and confirmed that the DRB would be
reviewing the application.
Steven Riden explained the expansion of the deck as proposed.
Commissioner Tjossem asked for clarification about the expiration of the 2004 approvals.
Bill Gibson clarified that the 2004 approvals had indeed expired due to a lack of pursuing
construction.
Page 1
Commissioners Lindall and Pierce agreed that the dormer was appropriate, but felt the deck
expansion was increasing an existing nonconformity and could not support that variance.
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: Tabled to May 11, 2009
MOTION: Kurz SECOND: Kjesbo VOTE: 6-0-0
Bill Gibson gave a presentation per the staff inemorandum recommending denial of the
requested major amendment.
Sarah Paladino stated for the record that Connie Dorsey was involved with Bravo, her employer,
but she was unbiased and could hear this application without bias.
Valdir Prado, owner of Vail Plaza Hotel and condo, gave some background on the hotel project
and support of his belief that what was being requested was minor in the scope of the project.
He clarified that he is personally living in one of the subject fractional fee units and his daughter
is living in the other fractional fee unit. He explained that the current financial market turmoil is
responsible for the hotel filing bankruptcy. He explained that his presence on site is critical to
provide direction and leadership to the hotel operations and to resolve the bankruptcy issues.
His daughter's presence on-site is also needed as she is also involved in the daily operation of
the hotel. He confirmed that the subject penthouse dwelling unit is unfinished, and that it has
been listed for sale for the past two years. He again stated that the hotel is the victim of
economic turmoil, and to no fault of its own, there are numerous unsold fractional fee unit
fractions and vacant hotel rooms. He noted that the parking increase created by this proposal
accounted for only 1/3 of 1% of the total parking on-site. He added that there was surplus
parking built into the project which should address the 0.7 increase in required parking.
He continued by stating that they should not be responsible for the loading and delivery
improvements proposed by Staff since they spent several months during the initial construction
of the hotel negotiating with the other phases of the SDD to construct these improvements and
those owners said "no". He noted that economic turmoil and contractor liens on the property
have prevented sales, which has caused them to file for bankruptcy. With bankruptcy, they have
no available money or willing lenders to pay for the loading and delivery improvements.
Commissioner Pierce asked if there was an ongoing effort to sell the existing fractional fee units.
Valdir Prado stated that there was an on-site office staffed by two experienced real estate sales
people, but the market has dried up.
Commissioner Pierce asked what the typical number of bedrooms was for the fractional fee units
currently for-sale.
Valdir Prado stated that they were designed with flexibility. There were flats, one, two, three,
and four bedrooms units. He noted that there are currently 720 unsold fractions in the hotel not
Page 2
counting the subject units. He stated that in the long term, it is not in the best interest of the
hotel to discount the sales prices of these unsold fractions.
Jonathan Stauffer, representing Phases I through V, stated that Vail Plaza Hotel made promises
to the other members of the SDD during the approval process for a subterranean loading and
delivery connection. They are willing to cooperate, and want to see the loading and delivery
connection completed.
Commissioner Tjossem recommended the Commission consider granting an approval for a
limited time period.
Several Commissioners asked Staff to clarify the proposed condition regarding the completion of
the loading and delivery system.
Warren Campbell, Chief of Planning, explained some of the history surrounding the loading and
delivery requirements of Vail Plaza Hotel and Phases I through V of SDD No. 6.
Several Commissioners noted their concern about applying the burden of completing the loading
and delivery to only one applicant in the SDD.
Commissioner Lindall stated his support for the conversion of the units if the increased parking
requirement is addressed.
Commissioner Kjesbo would be more willing to offer a temporary conversion of the fractional fee
units for some short time period like two or three years.
Commissioner Tjossem stated her support for approval of a temporary conversion.
Commissioner Paladino agreed with Tjossem and stated that she feels the current economic
conditions warrant greater flexibility by the Town.
Commissioner Kurz noted that their role is to enforce the Town Code and he is concerned a
permanent conversion would be a grant of special privilege. He was more supportive of a
temporary conversion for a limited time period. He also noted that the on-going loading and
delivery issue needs to be resolved.
Commissioner Pierce stated that he supports converting the two FFU's to DU's if construction of
the penthouse is completed. He suggested a two year approval, and if the penthouse is not
finished the approval would expire.
Commissioner Tjossem recommended that Staff establish a cost for completing the loading and
delivery, and then establish a proportional assessment to the various parties in the SDD.
The Commissioners had questions for the Town Attorney regarding the legality of applying a
condition to this application requiring that loading and delivery access be addressed solely by
this applicant.
Matt Mire, Town Attorney, addressed the Commissioners' questions.
Commissioner Kjesbo supported applying a proportional fee for completing loading and delivery,
rather than assigning the task to any one individual.
Commissioner Paladino did not support imposing a fee to complete the loading and delivery.
Page 3
Valdir Prado reiterated that he could not make any financial commitments due to their
bankruptcy. He again described their previous negations with the other owners in the SDD, and
noted that the hotel should not be financially responsible for completing the loading and delivery.
The Commissioners suggested a site visit to and a tabling.
15 minutes
3. A request for a final recommendation to the Vail Town Council for 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: Recommendation of approval
MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-0
Tom Kassmel gave a presentation per the staff inemorandum elaborating the changes made to
the draft document as requested by the Commission.
Commissioner Pierce inquired as to how the Master Plan addresses parking for retail and
restaurant patrons using the parking structures.
Greg Hall, Director of Public Works, stated that the Parking Task Force wrestles with these
issues on an annual basis and that shopper parking policies and methods are dynamic.
Commissioner Pierce further asked about whether the Master Plan should speak to construction
worker parking.
Greg Hall identified the need to strengthen the Town's development standards to address
construction parking with future building permits.
Commissioner Kurz made several comments regarding the Master Plan including that it is a
blend of science and art. He supported the phasing approach to the plan, and believes it will
create a base for future decision making.
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: Tabled to May 11, 2009
MOTION: Kjesbo SECOND: Lindall VOTE: 5-0-0
Commissioner Paladino left the meeting.
Tom Kassmel gave a presentation discussing the adoption of a Frontage Road Lighting Master
Plan as an element of the Transportation Master Plan.
Nancy Johnson, with Fabray Lighting, representing the Town, gave a power point presentation
regarding many concepts and ideas with regard to lighting the North and South Frontage Roads.
Commissioner Kurz asked about the inclusion of signage.
Tom Kassmel stated that there will be another study to look at improving signage and way
finding.
Page 4
Commissioner Tjossem noted that the Town's current street signs are artistic; however, they are
very difficult for motorists to read.
Commissioner Kjesbo stated that the height of any new street lights will be a concern.
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: Kjesbo SECOND: Tjossem VOTE: 5-0-0
6. Approval of April 13, 2009 minutes
MOTION: Kurz SECOND: Tjossem VOTE: 5-0-0
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.
Commissioner Pierce asked about the size of the lockers and if they were intended for overnight
storage.
Dominic Mauriello stated the lockers were approximately 15"X15"X12" and were not intended for
overnight storage.
The Commissioners discussed Staff's Interpretations and findings and believed the conclusions
reached were appropriate. Furthermore, the type of lockers being proposed were incidental to
the operation of a ski resort and were not intend for commercial ski storage due to their size.
Bill Gibson noted that this issue will be further clarified in the comprehensive zoning code
updates scheduled for review by the Commission later this summer.
8. Adjournment
MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 24, 2009, in the Vail Daily.
Page 5
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VAIL, CO 81657 ' May 08. 2009 ' ad id: 3409644
PLANNING AND ENVIRONMENTAL COMMISSION
May 11, 2009
1:OOpm
TOWN COUNQL CHAMBERS / PUBLIC WELCOME
75 S. Frontaoe Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Vail Plaza Hotel, 16 Vail Road
2. One Vail Place, 244 Wall Street
return to aU dassifieds
< bad�
30 minures
1. A request for a final review of an amendment ro an existing conditional use permit, pursuant to Section 12-16-10.
Amendment Prowdures. Vail Town Code, and a recommendation ro the Vail Town Council of a major amendment ro
Special Development District No. 6, Vail Village Inn, pursuant ro Section 12-9A-10, Amendment Procedures, to allow for
changes to the fractional fee dub unit designations within the Vail Plaza Horel and Club, located at 16 Vail Road �Vail
Plaza Hoteli/ a portion of Lots M, N, and 0. Block SD. Vail Village Filing 1, and setting forth details in regard therero.
iPEC090011 and PEC090012i
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
ACTI ON:
MOTION: SECOND: VOTE:
30 minutes
2. A request for a final review of an exterior alteration or modification, pursuant to Section 12-76-7. Exterior Alterations
or Modifications. Vail Town Code, ro allow for the construction of an addition to the One Vail Plaw Building; locared at
244 Wall StreeV Lot 2, a re-subdivision of a part of Lot C. Block SC, Vail Village Filing �, and Tract A. Front Door Three
Dimensional Subdivision, and settino forth details in reoard thereto. jPEC090015i
Applicant: Vail Corporation, represented by Todd Architecture
Planner: Bill Gibson
ACTI ON:
MOTION: SECOND: VOTE:
45 minutes
3. A request for a work session to discuss the adoption of the Frontaoe Road Lighting Master Plan, an element of the Vail
Transportation Masrer Plan, and settino forth details in regard thereto. jPEC090014�
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTI ON:
MOTION: SECOND: VOTE:
5 Minutes
4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7. EMerior Alrerations or
Modifications; and requests for conditional use permits, pursuant to Section 12-7H-2, Permitted and Conditional Uses,
Basement or Garden Level; Section 12JH-3. Permitted and Conditional Uses, First Floor or Street Level: 12-7H-4,
Permitted and Conditional Uses: Second Floor and Above. Vail Town Code, to allow for the redevelopment of the
Everoreen Lodge, with dwellino units, accommodation units, and conferenw facilities and meeting rooms on the
basement or garden level, multi-family dwelling units, accommodation units and conference facilities and meetings rooms
on the first floor or street level, and a fractional fee dub on the second floor and above, locared at 250 South Frontage
Road WesV Lot 2. Block 1, Vail Lionshead Filino Z, and settino forth details in reoard therero. �PEC080033. PEC080072�
Applicant: HCT Development, represenred by TJ Brink
Planner: Rachel Friede
ACTION: Table to July 27, 2009
MOTION: SECOND: VOTE:
9I24I2009 Vail Town and Country Art Show
9/24/2009 CeramicArtistStudioSale
9/24/2009 BabyStoryTime
9/24/2009 Toddler Storytimes
9/24/2009 Cardiac Disease Prevention Screening
9/24/2009 Gentle Yoga
9/24/2009 Abs/Butt Blaster
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5 minutes
5. A request for a final review of a varianw from 12-6D-6, Setbacks and 12-6D-9, Site Coveraoe. Vail Town Code, pursuant
to Chapter 12-V. Variances, to allow for an addition within the front setback locared at 1838 Sierra TraiVLot 15, Vail
Villaoe West Filino �, �PEC090008j
Applicant: John Brennan, represented by LKSM Design. P.C.
Planner:BillGibson Skiing Singles
ACTION: Table to June 8, 2009
MOTION: SECOND: VOTE:
6. Approval of April 27. 2009 minutes
View photo profiles.
http://apps.vaildaily.com/utils/c2/app/v 1/index.php?do=adDetail&adld=3409644 09/24/2009
PLANNING AND ENVIRONMENTAL COMMISS...VAIL, CO 81657 � Classifieds Vai... Page 2 of 3
MOTION: SECOND: VOTE:
7. Information Update
8. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular offiw hours at the
Town of Vail Communiry Development Department, 75 South Frontage Road. The public is invired to atrend the project
orientation and the site visits that precede the public hearing in the Town of Vail Communiry Development Department.
Please call (970� 479-21;8 for additional information.
Sign language interpretation is available upon request with 24-hour notification. Please caU �970� 479-2356, Telephone for
the Hearing Impaired, for information.
Community Development Department
Published May 8, 2009, in the Vail Daily. j3409644�
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http://apps.vaildaily.com/utils/c2/app/v 1/index.php?do=adDetail&adld=3409644 09/24/2009
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