HomeMy WebLinkAbout2009-0824 PECPLANNING AND ENVIRONMENTAL COMMISSION
August 24, 2009
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TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
MEMBERS ABSENT
Site Visits:
1. Post Residence — 4254 East Columbine Way, Unit 10
2. One Willow Bridge Road/Vail Village
20 minutes
A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow an addition, located at 4254 East Columbine
Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto. (PEC090023)
Applicant: Cheryl Post, represented by Rodney Molitor Preferred Home Repair
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
2. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3,
Appeals, Vail Town Code, appealing a staff determination that the One Willow Bridge Market
Place is operating an exterior grill and business transactions in violation of the Vail Town Code,
located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard
thereto. (PRJ05-0417)
Appellant: MOMD, LLC,
Planner: Bill Gibson
ACTION:
MOTION:
represented by Robert McNichols
SECOND: VOTE:
60 minutes
3. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
Page 1
5 minutes
4. A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Table to September 14, 2009
MOTION: SECOND: VOTE:
5 minutes
5. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to September 14, 2009
MOTION: SECOND: VOTE:
5 minutes
6. 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: Table to September 14, 2009
MOTION: SECOND: VOTE:
5 minutes
7. 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: Withdrawn
8. Approval of August 10, 2009 minutes
MOTION: SECOND: VOTE:
9. Information Update
10. Adjournment
MOTION: SECOND: VOTE:
Page 2
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 August 21, 2009, in the Vail Daily.
Page 3
► � i I � ► � i [ � ] :7_1► I �1 � J ► � i I
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 24, 2009
SUBJECT: A request for a final review of a variance from 12-6G-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential
addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and
setting forth details in regard thereto. (PEC090023)
Applicant: Cheryl Post, represented by Rodney Molitor, Preferred Home Repair
Planner: Nicole Peterson
SUMMARY
The Applicant, Cheryl Post, represented by Rodney Molitor, Preferred Home Repair, is
requesting a variance from 12-6G-6, Setbacks, Vail Town Code, pursuantto Chapter 12-17,
Variances, Vail Town Code, to allow for a residential addition, located at 4254 East
Columbine Way, Unit 10. This variance request was originally noticed to include a
landscape variance however, it was found to be un-necessary.
Based upon Staff's review of the criteria in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
approval, with conditions stated in section VI II, subject to the findings noted in Section VII
of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot
to allow for a 39 square foot addition on the east side. The addition will allow for the
expansion of living area. The addition does not encroach further into the side setback than
the existing non-conforming structure, which is built within 1 foot of the east property line.
III. BACKGROUND
The Bighorn Terrace development was constructed in 1967, and was part of the Original
Town of Vail established under Court Order 8-26-1966, prior to the adoption of the Vail
Town Code in 1973. Most of the existing homes within Bighorn Terrace are encroaching
into the side setbacks, making new construction, renovation, or structural changes
impossible without the granting of a variance from the side setback regulations set forth in
the Medium Density Multiple Family (MDMF) District. Most of the units are also non-
conforming to landscaping due to the small lot sizes. Other variances of this nature have
been granted to units within the Bighorn Terrace neighborhood and are further described
below in Section VII, Criteria and Findings, of this memorandum.
IV. APPLICABLE PLANNING DOCUMENTS
VAIL TOWN CODE
Section 12-2 Definitions (in part)
SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a
line or location within the lot or site which establishes the permitted location of uses,
structures, or buildings on the site.
SETBACK LINE: A line or location within a lot or site which establishes the permitted
location of uses, structures, or buildings on the site.
SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear
setback line parallel to and measured from the side lot or site line.
Section 12-6G: Medium Density Multiple Family (MDMF) District (in part)
12-6G-1: PURPOSE:
The medium density multiple-family district is intended to provide sites for multiple-family
dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with
such public facilities as may appropriately be located in the same zone district. The medium
density multiple-family district is intended to ensure adequate light, air, open space, and
other amenities commensurate with multiple-family occupancy, and to maintain the desirable
residential qualities of the zone district by establishing appropriate site development
standards. Certain nonresidential uses are permitted as conditional uses, and where
permitted, are intended to blend harmoniously with the residential character of the zone
district.
12-6G-6: SETBACKS:
In the MDMF district, 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).
Section 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
title as would result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site or the location of
existing structures thereon; from topographic or physical conditions on the site or in
the immediate vicinity; or from other physical limitations, street locations or conditions
in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal
compliance with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to the
development standards prescribed for each district, including lot area and site
dimensions, setbacks, distances between buildings, height, density control, building
bulk control, site coverage, usable open space, landscaping and site development,
2
V.
and parking and loading requirements; or with respect to the provisions of chapter 11
of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each district because the flexibility necessary to avoid
results inconsistent with the objectives of this title is provided by chapter 16,
„Conditional Use Permits", and by section 12-3-7, "Amendment" of this title.
12-17-7: PERMIT APPROVAL AND EFFECT:
Approval of the variance shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion within two (2) years
from when the approval becomes final.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Area
Development Standard
Min. Lot Area:
Min. Setbacks:
Front:
Sides:
Rear:
Max. Building Height:
Max. GRFA:
Max. Site Coverage:
Min. Landscape Area:
Min. Parking:
4254 Columbine Way
Lot 10, Bighorn Terrace
Medium Density Multiple Family
Medium Density Residential
Two-Family Dwelling
1,437 sq. ft. (.033 acres)
Reauired/Allowed
10,000 sq. ft.
20'
20' (east)
20' (west)
20'
38'
804 sq. ft.
45%
30%
2 spaces
Existinq
1,437 sq. ft.
24'
1'
0'
3'
20.25'
1,070 sq. ft.*
40.3%
9.3%
2 spaces**
Proposed
No change
No change
1'
No change
No change
No change
39 sq. ft.*
42%
No change
(Existing deck
under addition)
No change
* The existing structure already exceeds the maximum GRFA. However, the addition is
permitted as a 250 addition under Section 12-15, Gross Residential Floor Area, Vail Town
Code.
** Common parking areas exist across the street from the subject property, that provide 12
spaces to the neighborhood. However, no private parking spaces exist on the subject
property.
3
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Bighorn Road Town Right-of-Way
South: Medium Density Residential Medium Density Multiple Family (MDMF)
East: Medium Density Residential Medium Density Multiple Family (MDMF)
West: Medium Density Residential Medium Density Multiple Family (MDMF)
VII. CRITERIA AND FINDINGS
The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The Applicant is requesting to vary the east side setback from the required 20 feet to
1 foot to allow a 39 square foot addition, in an area currently occupied by a deck.
The existing non-conforming structure is built within 1 foot of the east property line.
The existing residence to the east is also built close to the shared property line
(approximately 2 feet from the property line). Staff does not believe the neighbors
will be negatively impacted by the proposed addition as there is an existing deck in
the location of the proposed addition.
The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity or to attain the
objectives of this title without a grant of special privilege.
Staff does not believe approval of the requested setback variance would be a grant
of special privilege. Other units with-in the development have been granted
variances to the side setbacks. The reason for the non-conformities is that
structures in the Bighorn Terrace development were part of the original Town of Vail
established under Court Order 8-26-1966, prior to the adoption of the Vail Town
Code in 1973. The lot size, lot configuration and existing structure are all physical
hardships on this lot which greatly restrict the ability of improvements to be made to
the structure without a variance.
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 that approval of the setback variance, allowing a small 39 sq.
ft. addition will have a negative effect on the factors listed above. However, there
are two issues that involve the utilities and Town right-of-way, described below.
It shall be noted that there are existing over-head power lines on the property that
will not be moved or altered in any way, with the proposed addition. The utility lines
have been reviewed and approved by Holy Cross Energy. Furthermore, the over-
head power lines are exempt from the Town of Vail underground utility requirement
(Section 14-10-10C) under Section 12-11-3C, Design Approval, Vail Town Code,
�
which allows a one time exemption for an addition of up to 500 square feet, from
Title 14, Design Standards.
It shall be noted that portions of the existing fence and deck, in the rear yard (north
side) of the property, are within Town right-of-way (Bighorn Road). The Town of Vail
Public Works Department has determined that the proposed addition does not
directly effect the encroachments, therefore the variance application may move
forward. Furthermore, there are other encroachments into the right-of-way in the
neighborhood. Public Works will pursue compliance of the neighborhood, separate
from this request.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Another factor in consideration of the requested variances is that the Planning and
Environmental Commission has approved similar variances within the Bighorn
Terrace development. The following map illustrates the locations of the previous
variance approvals in the neighborhood. The table on the next page describes each
variance.
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IX.
�.'��_1��:�xK�]►�iIJi1�►U7_��[�7►1
The Community Development Department recommends approval, with conditions, of the
requested variance from 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a residential addition, located at 4254 East
Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria in Section VII of this
memorandum.
Should the Planning and Environmental Commission choose to approve the variance
request, the Community Development Department recommends, the Commission pass the
following motion:
"The Planning and Environmental Commission approves a a variance from 12-
6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for a residential addition, located at 4254 East Columbine
Way, Unit 10/Lot 10, Bighorn Terrace"
Should the Planning and Environmental Commission choose to approve the variance
request, Staff recommends the following condition:
"1. The variance approval is contingent on the Applicant obtaining Town of Vail
approval of a design review application for the proposed addition."
Should the Planning and Environmental Commission choose to approve the variance
requests, Staff recommends the Commission, make the following findings:
"1. That the granting of the variance does not constitute a grant of special privilege
inconsistent with the limitations on other properties.
2. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the strict literal interpretation or enforcement of the setback regulations
results in a practical difficulty or unnecessary physical hardship inconsistent with
the development objectives of the Town Code.
4. That the strict interpretation or enforcement of the specified regulation would
deprive the Applicant of privileges enjoyed by the owners of other properties in
the vicinity."
ATTACHMENTS
A. Vicinity Map
B. Letter from Applicant
C. Plans
D. Public Notice
7
Attachment A: Vicinity Map
Attachment B: Letter from Applicant
�,�� zs, zoas
TQ: Plaiuvng and Envirvnanental Commissian
RE: Proiect NarratiVe far 4254 East CQlitml�ine Way, Unii 1�] Bi�hvrn Ten'ace
Last year when rny husband was c�uite ill, we realized how snaccess�ble the hause was fox
someone wl�o needed a walker. While the upstairs may not ever be eas�ly accessihle due
to the narrvw sta.irs, it wauld �ie nace if at least the r�ain �laor was accessible.
Accessibiliiy is currently restricted hy the placement of a support colu�u� in the entry to
fhe kitahen, and the narrow (2 fi.} door between the l�ath a�ad k'rtchen.
The propase� reznvdel wi11 add a sta.ndaxd size door and a shower to ti�e half bath. It �will
also reconf gvr� the tcitchen sa that the s�pport calutnn does nat interfere with access.
The plans pravide far a sznall extensioza of li�ing ar�a inta the area whi�h is naw wnnd
deck [6�t x 5.5ft,} to ofFsei the Iiving space being lost #o �he bathraam expausion anc€
avaxd ��er crowding. The additional space �rrill fit nicely in#o the builc}iwg profile, see
photo's #4, #S;#7, #12. This srnall addition will match the existing building
desi�nlfuush and vvoulc� not have auy offsite impact.
This D�p�ex was consfructed ��he late &�s when the area w�.s unincozpvratec� Eagle
C:ounty. Since then is has becvrn,e part a�Vail and is now subject tQ zoning and build.ing
codes. Under curreni regulatinns, the duplex �rabahly caulcE not be built. Withaut a
�ariance, no additian (na xinatter how sm.ali) can be constructed. �ther units in the
develQp�ent ha�e added six�l.ar snnall additions.
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Po�t
Owner Represen�ati�e
Rodney Mvlitar
Freferred Hbme Repaix and Canstructian, LLC
72(1-343-6994
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Attachment C: Plans
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Attachment D: Notice
THfS IT�M MAY AFFEGT YDl1R PR[]PERTY
Pl1BLIC �lOTICE
h10TICE 15 HEREBY GIVEfV that the Planning anci Environmental Cort�mission of the
Tawn of Vail wil[ hald a pubiic hearing in accordance with section 12-3-6, Vai[ iown
Ct�de, on Aug�st 2�, �[}09, at 1:OD pm in the Town of Vail Nfunicipal Built�ing, in
cvnsideratian o�:
A req��st fnr a final review of a major exterior altaration, pursuant ta Secti�n 12-TFl-i,
Exterior Aitera#ions or Madifications; and requests for condit�onal use permits, pursuant
to Secfion 12-7H-2, Permittect and Cvnditional Uses, Basement or Garden L�vel;
5ection 12-7M-3, Permitfed and �Qnditianal Uses, First �lovr or Street Level; 1�-7H-4,
Permftted and Conditianal lJses; Seeand Flqar and Above, Vail Town Code, to aflow far
the redevelapment �f the Evergreen Ladge, with accammodation units and conference
facilities and meeti3�g roams on the basernent or garden levek, accammodation uniis and
�onference facilities and rneetings raoms vn �he frsk flaor ar street level, and eating and
drinking esta�a[ishm�nt and a fractional fee club on ihe second floor and above, lacated
at 250 South �rontage Road WestlLof 2, Black 1, Vail L.ivnshead Filing 2, and setting
forth d�tails in regard tf�eretu. [PECQ8fl[i33, P�CD8��72}
Applicant: HCT Develapment, represented by TJ Brink
Planner: Rachel �riede
A request far a final re�iew of a variances fro� 12-6G-�, Setl�acks, 12-6G-9, and �2-6G-
10, Landscaping and Si#e Develapment, Vail Town Cade, pursuan# to Chapter-'[2=97,
Variances, Vail Ta�vr� Code, #� aflaw for a residential addition, lacated at 4254 East
� Columbine Way, Unit 101Lot 10, �ighorn Terrac�, and setting forth details in regard
thereto. (PECOgOD23}
$�� �� Applicant: Cheryl Post, represented hy Rodney Molitor Pref�rr�d Home Repair
Planner: Nicole Peterson
" A request for final review of an appeal of an administrative a�tion, pursuant ta Section
�2-3-3, Appeals, Vail Tawn Cade, appealing a staff determination that the 4ne Willaw
Bridge MarKet P1ace is aperating an exterivr grill and business transactiorts in vinfa#ian of
tIl@ Vafl T4tNf! C4CI@, lacated at 1 Wi11�w Bridge RoadfLot �, Sonnenaip Sul�divisi4n, and
setting forth deiails in regard thereia. (PRJDS-i1417)
Appellant: MOM[?, I�LC, represen#ed by Robert MciVichols
Planner: Bil] Gibson
The applications and infc�rrnatian abaut the praposals are avaifaf��e far public inspe�tian
during office hours at the T�wn af VaI! Cammunity �evelopment Departmen#, 75 aouth
Frontage Rvad. 7he public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Cammunity �levelapment D�partment.
Please cafl 970-�i79-2'!38 far additional information.
Sign language infierpretation is available upon request, with 24-haur noti�catian. Please
call 970-4T9-235�> Telephone far the Hearing fmpaired, far information.
Pubfished August 7, 2D�9, in the Vail Daily,
17
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 24, 2009
SUBJECT: A request for final review of an appeal of an administrative action, pursuant to
Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the
One Willow Bridge Market Place is operating an exterior grill and business
transactions in violation of the Vail Town Code, located at 1 Willow Bridge Road/Lot
2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PRJ05-0417)
Appellant: MOMD, LLC, represented by Robert McNichols
Planner: Bill Gibson
I���JJiI►�i/_1:�'1
On July 31, 2009, MOMD, LLC, represented by Robert McNichols, filed an appeal of the
Administrator's determination that the preparation of food and conducting business
transactions exterior to the One Willow Bridge lodge within the Market Place outdoor dining
area is in violation of the Vail Town Code and the approved One Willow Bridge conditional
use permit for a lodge that includes accessory eating, drinking, or retail establishments
located within the principal use and not occupying between ten percent (10%) and fifteen
percent (15%) of the total gross residential floor area of the main structure or structures on
site.
This appeal is not a discussion of the merits of allowing or prohibiting the preparation of food
and the conducting of business transactions exterior to a lodge within an outdoor dining
area. The scope of this appeal is limited to interpreting whether or not such activities are
currently allowed or prohibited by the adopted Vail Town Code. Should the Planning and
Environmental Commission or the appellant believe the adopted Vail Town Code
inappropriately regulates these activities; an application for Prescribed Regulation
Amendments to the Vail Town Code would need to be pursued.
II. SUBJECT PROPERTY
The subject property is the One Willow Bridge lodge located at 1 Willow Bridge Road/Lot 2,
Sonnenalp Subdivision.
III. STANDING OF APPELLANT
As the property owner, the appellant has standing to appeal the Administrator's
determination pursuant to Section 12-3-3, Appeals, Vail Town Code.
IV. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental
Commission shall uphold, overturn, or modify the Administrator's determination.
1�� �/_� ��J:7 ��] � �:I �_1» �_1 �
Statement of Issues
• The appellant is preparing food and conducting business transactions exterior to the
One Willow Bridge lodge within the Market Place outdoor dining area adjacent to
East Meadow Drive. The Administrator has determined that such food preparation
and business transactions are in violation of the One Willow Bridge lodge conditional
use permit and are in violation of the provisions of the Vail Town Code.
• In summary, the appellant contends that "the outdoorgrilling is clearly incidenta/ to
the permitted or conditional uses, and necessary for the operation thereof' to the
accessory Market Place outdoor dining area. Therefore, the current outdoor grilling
of food is not prohibited by the Vail Town Code and does not require the review or
approval of a conditional use permit. Please refer to the Appellant's full statement
attached to this memorandum (Attachment A).
Statement of Fact
• One Willow Bridge is located within the Public Accommodation (PA) District.
• One Willow Bridge is located within the Vail Village Master Plan periphery area.
• One Willow Bridge is defined as a"lodge" for zoning purposes.
• The Market Place is a retail establishment and an eating and drinking establishment
accessory to the One Willow Bridge lodge.
• Permitted uses in the Public Accommodation District include: "Lodges, including
accessory eating, drinking, or retail establishments /ocated within the principal use
and not occupying more than ten percent (10%) of the tota/ gross residentia/ f/oor
area of the main structure or structures on site; additiona/ accessory dining areas
maybe /ocated on an outdoordeck, porch, orterrace."
• Conditional Uses in the Public Accommodation District include: "Lodges, including
accessory eating, drinking, or retail establishments /ocated within the principal use
and not occupying between ten percent (10%) and fifteen percent (15%) of the total
gross residentia/ f/oor area of the main structure or structures on site. " Please note
that the "additiona/ accessory dining areas may be /ocated on an outdoor deck,
porch, or terrace" provision is not included in the lodge conditional use.
• Accessory Uses allowed in the PublicAccommodation District include "otheruses
customarily incidenta/ and accessory to permitted and conditional uses, and
necessary for the operation thereof."
• Outdoor Displays are not permitted in the Public Accommodation District.
• Many of the Town's commercial and mixed use zone districts, including the Vail
Village's Commercial Core 1 District, specifically require that all business activities
must be "operated and conducted entirely within a building." The provisions of the
Public Accommodation District do not include this same specific text.
• In 2003, a Conditional Use Permit was approved for the One Willow Bridge lodge
and Sonnenalp lodge joint redevelopment (the total accessory eating, drinking, or
retail establishments exceeded 10% of the allowable gross residential floor area).
• In 2003, a Major Exterior Alteration or Modification in the Public Accommodation
District Application was approved for the One Willow Bridge lodge and Sonnenalp
lodge joint redevelopment.
• The Market Place is an eating, drinking, or retail establishment that is accessory to
the One Willow Bridge and Sonnenalp lodges.
• The Market Place is currently preparing food and conducting business transactions
exterior to the lodge within an outdoor dining area adjacent to East Meadow Drive.
• The exterior preparation of food and conducting business transactions within the
Market Place outdoor dining area was not proposed, reviewed, or approved as part
of the One Willow Bridge lodge and Sonnenalp lodge redevelopment project or the
2
associated conditional use permits.
• The Administrator has determined that such food preparation and business
transactions exterior to a lodge are in violation of the One Willow Bridge lodge
conditional use permit and are in violation of the provisions of the Vail Town Code.
• The Appellant has appealed the Administrator's determination.
Staff Interaretations
• If a use is not specifically listed as a permitted, conditional, or accessory use
in a district, is it therefore allowed?
Pursuant to Section 12-4-2B, Vail Town Code: "Prohibited /f Not Permitted: The
permitted uses, conditional uses and accessory uses in the particulardistricts shall
be deemed to be exclusive uses for those districts, and any use not specifically
permitted as a permitted use is prohibited unless a determination of similar use is
made in accordance with section 12-3-4 of this tit/e. "
The appellant's food preparation and business transactions exterior to the One
Willow Bridge lodge on the Market Place outdoor dining area is not specifically listed
as a permitted, conditional, or accessory use in the Public Accommodation District,
and are therefore prohibited unless determined to be a similar use.
Some form of food preparation and business traction activities are anticipated with
any eating and drinking establishment, so the Town of Vail has never interpreted this
provision of the Vail Town Code to prohibit a restaurant from having indoor kitchen
facilities or from having indoor dining areas as part of its eating and drinking
establishment land use.
While not every attribute of the restaurant's business is listed in the Town Code, the
adopted Vail Town Code clearly establishes a difference between indoor and
outdoor restaurant activities. Indoor restaurant dinning areas and indoor restaurant
kitchens are not separated from the eating and drinking establishment land use.
Outdoor restaurant dining areas (although common to restaurants) are clearly
distinguished as separate from the eating and drinking establishment land use by the
Vail Town Code. Outdoor dining areas are not only listed separately from eating and
drinking establishments in many zone districts (including the PublicAccommodation
District); they are also categorized differently than the eating and drinking
establishments in a district as separate conditional, accessory, or prohibited (not
listed) land uses.
Is preparing food and conducting business transactions accessory to an
eating and drinking establishment's outdoor dining area?
The Market Place eating and drinking establishment is an accessory use to the One
Willow Bridge lodge. Allowed accessory uses in the PublicAccommodation District
include "other uses customarily incidenta/ and accessory to permitted and
conditional uses, and necessaryforthe operation thereof." Offices, businesses, and
services are specifically limited to being operated and conducted entirely within a
building in the majority of the Town's commercial and mixed use districts. To the
best of Staff's knowledge, no other eating or drinking establishments in town are
grilling outside a lodge on its outdoor dining area, including other properties within
the Public Accommodation District. Therefore, the food preparation and business
transactions outside the One Willow Bridge lodge on the Market Place outdoor
dining area is not "customary"in the Town of Vail generally or specifically within the
3
Public Accommodation District.
The Market Place is an accessory use to the permitted One Willow Bridge lodge.
The Market Place has indoor kitchen facilities, indoor points of sale, and both indoor
and outdoor dining areas. The Market Place has conducted restaurant operations
for several years without exterior food preparation and business activities.
Therefore, preparing food and conducting business transactions exterior to the One
Willow Bridge lodge on the Market Place outdoor dining area is not "necessary for
the operation" of either the conditional One Willow Bridge lodge or its accessory
Market Place eating and drinking establishment.
Since preparing food and conducting business transactions exterior to the One
Willow Bridge lodge on the Market Place outdoor dining area is not customarily
incidental to the conditional One Willow Bridge lodge or necessary for the operation
thereof, it is not an allowed accessory use to the accessory Market Place eating and
drinking establishment.
• Is preparing food and conducting business transactions on an outdoordining
area allowed in the Public Accommodation District?
Since preparing food and conducting business transactions exterior to a lodge on an
outdoor dining area is not a permitted, condition, or accessory use; it is not permitted
within the Public Accommodation District.
Additionally, One Willow Bridge operates as a conditional use lodge in the Public
Accommodation District pursuant to Section 12-7A-3, Vail Town Code, as follows:
"Lodges, including accessory eating, drinking, orretail establishments /ocated within
the principal use and not occupying between ten percent (10%) and fifteen percent
(15%) of the tota/ gross residentia/ f/oor area of the main structure or structures on
site." This provision states that eating and drinking establishments `located within
the principle use"(the principle use is the lodge) are allowed as conditional uses in
this district. The list of uses accessory to a lodge requires that said uses will occur
within the lodge's "main structure or structures on site".
• Does preparing food and conducting business transactions within an outdoor
dining area in the Public Accommodation District require a Conditional Use
Permit?
While Staff does not believe preparing food and conducting business transactions
exterior to lodge within an outdoor dining area is permitted, should the Commission
interpret such a use is permitted by the Town Code, a conditional use permit is
required. Pursuant to Section 12-16-2, Vail Town Code, all Conditional Use Permit
applications, including those for an eating or drinking establishment accessory to a
lodge (the Market Place), must include "a description of the precise nature of the
proposed use and its operating characteristics." This is critical information that must
be evaluated by the Commission during the review of a conditional use permit
application. Before approving any Conditional Use Permit the Commission must find
that "the proposed /ocation of the use and the conditions under which it would be
operated ormaintained will notbe detrimenta/ to the public hea/th, safety, orwe/fare
ormaterially injurious to the properties orimprovements in the vicinity." A restaurant
proposing outdoor food preparation and business transactions clearly differs in
location of operation, manner of operation, and impacts to neighboring properties
than a restaurant located entirely within a building or a restaurant with an outdoor
dining area and no outdoor business activities. Restaurants conducting outdoorfood
preparation and business transactions have additional noise, smoke, odor,
4
pedestrian circulation, signage, and aesthetic impacts not associated with other
eating and drinking establishments in Vail.
In 2003, a Conditional Use Permit was issued for the One Willow Bridge lodge and
Sonnenalp lodge redevelopment and their associated conditional accessory uses
(including the Market Place), since the total accessory eating, drinking, or retail
establishments equaled more than 10% of the allowable gross residential floor area.
At that time, the developer did not propose any food preparation or business
transaction activities exterior to the One Willow Bridge lodge at the accessory Market
Place. Such business locations and methods of operation must be disclosed by the
applicant and evaluated by the Planning and Environmental Commission during the
course of reviewing a Conditional Use Permit application. Since no such disclosure
or review has occurred, Staff believes the appellant's food preparation and
conducting of business transactions exterior to the One Willow Bridge lodge on the
Market Place outdoor dining deck are in violation of the One Willow Bridge lodge's
approved Conditional Use Permit.
• Does preparing food and conducting business transactions within an outdoor
dining area in the Public Accommodation District require approval of a Major
Exterior Alteration or Modification application?
While Staff does not believe preparing food and conducting business transactions
exterior to lodge within an outdoor dining area is permitted, should the Commission
interpret such a use is permitted by the Town Code, Staff believes approval of a
Major Exterior Alteration or Modification application is required due to the potential
off-site impacts of such activities.
In 2003, approval of a Major Exterior Alteration or Modification application was
issued for the One Willow Bridge lodge and Sonnenalp lodge redevelopment. At
that time, the developer did not propose any food preparation or business
transaction activities exterior to the One Willow Bridge lodge at the accessory Market
Place.
A restaurant proposing outdoor food preparation and business transactions clearly
differs in location of operation, manner of operation, and impacts to neighboring
properties than a restaurant located entirely within a building or a restaurant with an
outdoor dining area and no outdoor business activities. Restaurants conducting
outdoor food preparation and business transactions have additional noise, smoke,
odor, pedestrian circulation, signage, and aesthetic impacts not associated with
other eating and drinking establishments in Vail. Such business locations and
methods of operation must be disclosed by the applicant and evaluated by the
Planning and Environmental Commission during the course of reviewing a Major
Exterior Alteration or Modification application. Pursuant to Section 12-7A-13, Vail
Town Code, "lt shall be the burden of the applicant to prove by a preponderance of
the evidence before the P/anning and Environmenta/ Commission and the Design
Review Board that the proposed exterior a/teration or new deve/opment is in
compliance with the purposes of the Public Accommodation District, that the
proposal is consistent with applicable e/ements of the Vail Village Master P/an, the
Vail Village Urban Design Guide P/an and the Vail Streetscape MasterP/an, and that
the proposa/ does not otherwise have a significant negative effect on the character
of the neighborhood, and that the proposa/ substantially complies with other
applicable e/ements of the Vail Comprehensive P/an."
Since no such applicant disclosure or Commission review has occurred, Staff
believes the appellant's food preparation and conducting of business transactions
5
exterior to the One Willow Bridge lodge on the Market Place outdoor dining deck are
in violation of the One Willow Bridge lodge's Major Exterior Alteration or Modification
approval.
Are food preparation
outdoor dining area
"outdoor display"?
and business transactions exterior to a lodge on an
n the Public Accommodation District allowed as an
Outdoor Displays are not permitted in the Public Accommodation District.
What precedent would be set by interpreting that food preparation and
business transactions are allowed exteriorto the One Willow Bridge lodge on
the Market Place outdoor dining area?
Interpreting that the Vail Town Code allows for food preparation and business
transactions exterior to the One Willow Bridge lodge within the Market Place outdoor
dining area will not set a legal precedent for other businesses in Vail; however, a
political precedent may be set. Should the Commission interpret that the Vail Town
Code allows such outdoor activities, Staff anticipates other businesses in the Public
Accommodation District, (Four Seasons, Vail Plaza Hotel, Vail Village Inn, First
Bank, Sonnenalp, Talisman, Village Center, Austria Haus, Mountain Haus, Villa
Valhalla, Ram's Horn, Tivoli, Christiania, and the Roost Lodge in the Public
Accommodation 2 District) Vail Village, and Lionshead will follow suit in requesting
that similar business activities also be allowed to occur outdoors.
1�/�e1»�[�_1 3��»e1�l�ll�[rI�Z�Z��J►�il����?
Section 12-3-3: Appeals
A. Administrative Actions: Any decision, determination or interpretation by any town
administrative official with respect to the provisions of this tit/e and the standards and
procedures hereinafter set forth shall become fina/ at the next planning and environmental
commission meeting (orin the case ofdesign re/ated decision, the nextdesign reviewboard
meeting) following the administrator's decision, unless the decision is called up and modified
by the board or commission.
B. Appea/ of Administrative Actions:
1. Authority: The planning and environmental commission shall have the authority to hear
and decide appea/s from any decision, determination or interpretation by any town
administrative official with respect to the provisions of this tit/e and the standards and
procedures hereinafter set forth, except that appea/s of any decision, determination or
interpretation by any town administrative official with regard to a design guideline shall be
heard by the design review board.
2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any
aggrieved or adversely affected person from any order, decision, determination or
interpretation byanyadministratorwith respectto this tit/e. "Aggrieved oradverselyaffected
person" means any person who will suffer an adverse effect to an interest protected or
furthered by this tit/e. The alleged adverse interest may be shared in common with other
members of the community at /arge, but shall exceed in degree the general interest in
communitygood shared byall persons. The administratorshall determine the standing ofan
appellant. If the appellant objects to the administrator's determination of standing, the
planning and environmental commission (or the design review board in the case of design
6
guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a
determination as to the standing of the appellant. If the planning and environmental
commission (or the design review board in the case of design guidelines) determines that
the appellant does not have standing to bring an appeal, the appea/ shall not be heard and
the origina/ action or determination stands.
3. Procedures: A written notice of appeal must be filed with the administrator or with the
department of community deve/opment rendering the decision, determination or
interpretation within twenty (20) ca/endardays of the decision becoming final. If the /ast day
forfiling an appea/ falls on a Saturday, Sunday, ora town observed holiday, the /ast day for
filing an appea/ shall be extended to the next business day. The administrator's decision
shall become fina/ at the next planning and environmental commission meeting (orin the
case of design re/ated decision, the next design review board meeting) following the
administrator's decision, unless the decision is called up and modified by the board or
commission. Such notice shall be accompanied by the name and addresses (person's
mailing and property's physical) of the appellant, applicant, property owner, and adjacent
property owners (the list of property owners within a condominium project shall be satisfied
by listing the addresses for the managing agent or the board of directors of the condominium
association) as well as specific and articulate reasons for the appea/ on forms provided by
the town. The filing of such notice of appeal will require the administrative official whose
decision is appea/ed, to forward to the planning and environmental commission (or the
design review board in the case of design guidelines) at the next regularly scheduled
meeting, a summary of all records concerning the subject matter of the appea/ and to send
written notice to the appellant, applicant, property owner, and adjacent property owners
(notification within a condominium project shall be satisfied by notifying the managing agent
orthe board of directors of the condominium association) at/eastfifteen (15) ca/endardays
prior to the hearing. A hearing shall be scheduled to be heard before the planning and
environmental commission (or the design review board in the case of design guidelines) on
the appeal within thirty (30) ca/endar days of the appeal being filed. The planning and
environmental commission (or the design review board in the case of design guidelines) may
grant a continuance to allow the parties additiona/ time to obtain information. The
continuance shall be allowed for a period not to exceed an additiona/ forty (40) ca/endar
days. Failure to file such appea/ shall constitute a waiver of any rights under this tit/e to
appea/ any interpretation or determination made by an administrator.
4. Effect Of Filing An Appeal: The filing of a notice of appea/ shall stay all permit activity and
any proceedings in furtherance of the action appea/ed unless the administrator rendering
such decision, determination or interpretation certifies in writing to the planning and
environmental commission (orthe design review board in the case ofdesign guidelines) and
the appellant that a stay poses an imminent peril to life orproperty, in which case the appeal
shall not stay further permit activity and any proceedings. The commission (or board) shall
review such certification and grant or deny a stay of the proceedings. Such determination
shall be made at the next regularly scheduled meeting of the planning and environmental
commission (or the design review board in the case of design guidelines).
5. Findings: The planning and environmental commission (orthe design review board in the
case of design guidelines) shall on all appea/s make specific findings of fact based directly
on the particular evidence presented to it. These findings of fact must support conclusions
that the standards and conditions imposed by the requirements of this tit/e have orhave not
been met.
6. Fee: The town council may set a reasonable fee for filing an appea/ of an administrative
decision, determination or interpretation. The fee will be adopted in a fee schedule which
7
shall be maintained in the department of community deve/opment. The fee shall be paid at
the time the appeal is filed.
Article 12-7A: Public Accommodation (PA) District
12-7A-1: PURPOSE:
The public accommodation district is intended to provide sites for lodges and residential
accommodations for visitors, together with such public and semipublic facilities and limited
professiona/ offices, medica/ facilities, private recreation, commercial/retail and re/ated visitor
oriented uses as may appropriately be /ocated within the same zone district and compatible
with adjacent /and uses. The public accommodation district is intended to ensure adequate
light, air, open space, and otheramenities commensurate with lodge uses, and to maintain
the desirable resort qualities of the zone district by establishing appropriate site deve/opment
standards. Additional nonresidential uses are permitted as conditional uses which enhance
the nature of Vail as a vacation community, and where permitted uses are intended to
function compatibly with the high density lodging character of the zone district.
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Automated teller machines (ATMs) exterior to a building.
Employee housing units, as further regulated by chapter 13 of this tit/e.
Lodges, including accessory eating, drinking, or retail establishments /ocated within the
principal use and not occupying more than ten percent (10%) of the tota/ gross
residentia/ f/oor area of the main structure or structures on the site; additiona/ accessory
dining areas may be /ocated on an outdoor deck, porch, or terrace.
12-7A-3: COND/T/ONAL USES:
The following conditional uses shall be permitted in the PA district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this tit/e.
Communications antennas and appurtenant equipment.
Fractiona/ fee club units, as further regulated by subsection 12-16-7A8 of this tit/e.
Hea/thcare facilities.
Lodges, including accessory eating, drinking, orretail establishments /ocated within the
principal use and occupying between ten percent (10%) and fifteen percent (15%) of the
tota/ gross residentia/ f/oor area of the main structure or structures on the site.
Major arcades.
Private clubs and civic, cultura/ and fraterna/ organizations.
Private parking structures.
Private unstructured parking.
Professiona/ and business offices.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreationa/ facilities.
Public transportation termina/s.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and convention facilities.
12-7A-4: ACCESSORY USES:
�
The following accessory uses shall be permitted in the PA district:
Home occupations, subject to issuance of a home occupation permit in accordance with
the provisions of section 12-14-12 of this tit/e.
Meeting rooms.
Minor arcades.
Swimming poo/s, tennis courts, patios, or other recreation facilities customarily incidental
to permitted lodge uses.
Other uses customarily incidenta/ and accessory to permitted or conditional uses, and
necessary for the operation thereof.
12-7A-6: SETBACKS:
In the PA district, 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 ).
At the discretion of the planning and environmental commission and/or the design review
board, variations to the setback standards outlined above may be approved during the
review of exteriora/terations ormodifications (section 12-7A-12 of this article) subject to the
applicant demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and
riparian areas, geo/ogically sensitive areas and other environmentally sensitive
areas.
B. Proposed building setbacks comply with applicable e/ements of the Vail Village urban
design guide plan and design considerations.
C. Proposed building setbacks will provide adequate availability of light, air and open
space.
D. Proposed building setbacks will provide a compatible re/ationship with buildings and
uses on adjacent properties.
E. Proposed building setbacks will result in creative design solutions or other public
benefits that could not otherwise be achieved by conformance with prescribed
setback standards
12-7A-12: EXTER/OR ALTERAT/ONS OR MOD/F/CAT/ONS:
A. Review Required: The construction of a new building or the a/teration of an existing
building shall be reviewed by the design review board in accordance with chapter 11 of this
tit/e. However, any project which adds additiona/ dwelling units, accommodation units,
fractiona/ fee club units, any project which adds more than one thousand (1,000) square feet
of commercia/ f/oor area or common space, or any project which has substantia/ off site
impacts (as determined by the administrator) shall be reviewed by the planning and
environmental commission as a majorexteriora/teration in accordance with this chapterand
section 12-3-6 of this tit/e. Complete applications for major exterior a/terations shall be
submitted in accordance with administrative schedules deve/oped by the department of
community deve/opment for planning and environmenta/ commission and design review
board review. The following submittal items are required:
1. Application: An application shall be made by the owner of the building or the
building owner's authorized agent or representative on a form provided by the
administrator. Anyapplication forcondominiumized buildings shall be authorized by
the condominium association in conformity with all pertinent requirements of the
condominium association's declarations.
2. Application; Contents: The administratorshall establish the submittal requirements
foran exteriora/teration ormodification application. A complete list of the submittal
requirements shall be maintained by the administratorand filed in the department of
community deve/opment. Certain submittal requirements may be waived and/or
modified by the administrator and/or the reviewing body if it is demonstrated by the
�
applicant that the information and materia/s required are not re/evant to the proposed
deve/opment or applicable to the planning documents that comprise the Vail
comprehensive plan. The administrator and/or the reviewing body may require the
submission ofadditional plans, drawings, specifications, samplesand othermateria/s
if deemed necessary to properly evaluate the proposal.
3. Work Sessions/Conceptua/ Review: If requested by either the applicant or the
administrator, submitta/s may proceed to a work session with the planning and
environmental commission, a conceptual review with the design review board, ora
work session with the town council.
4. Hearing: The public hearing before the planning and environmental commission
shall be he/d in accordance with section 12-3-6 of this tit/e. The planning and
environmental commission may approve the application as submitted, approve the
application with conditions ormodifications, ordeny the application. The decision of
the planning and environmenta/ commission may be appea/ed to the town council in
accordance with section 12-3-3 of this tit/e.
5. Lapse OfApproval: Approva/ of an exteriora/teration as prescribed by this artic/e
shall lapse and become void three (3) years following the date of approval by the
design review board unless, prior to the expiration, a building permit is issued and
construction is commenced and diligently pursued to completion. Administrative
extensions shall be allowed forreasonable and unexpected de/ays as /ong as code
provisions affecting the proposal have not changed.
12-7A-13: COMPL/ANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the evidence before
the planning and environmental commission and the design review board that the proposed
exterior a/teration or new deve/opment is in compliance with the purposes of the public
accommodation district, that the proposal is consistent with applicable e/ements of the Vail
Village master plan, the Vail Village urban design guide plan and the Vail streetscape master
plan, and that the proposal does not otherwise have a significant negative effect on the
character of the neighborhood, and that the proposa/ substantially complies with other
applicable e/ements of the Vail comprehensive plan.
12-7A-14: M/T/GAT/ON OF DEVELOPMENT /MPACTS:
Property owners/deve/opers shall a/so be responsible for mitigating direct impacts of their
deve/opment on public infrastructure and in all cases mitigation shall bear a reasonab/e
re/ation to the deve/opment impacts. lmpacts may be determined based on reports prepared
by qualified consultants. The extent of mitigation and public amenity improvements shall be
ba/anced with the goa/s of redeve/opment and will be determined by the planning and
environmental commission in review of deve/opment projects and conditional use permits.
Substantia/ off site impacts may include, but are not limited to, the following: deed restricted
employee housing, roadwayimprovements, pedestrian walkwayimprovements, streetscape
improvements, stream tract/bank restoration, loading/delivery, public artimprovements, and
similarimprovements. The intent of this section is to only require mitigation forlarge sca/e
redeve/opment/deve/opment projects which produce substantia/ off site impacts.
VII. STAFF RECOMMENDATION
10
Based upon review of Section V of this memorandum and the evidence and testimony
presented, the Community Development Department recommends the Planning and
Environmental Commission upholds the Administrative determination that the One Willow
Bridge Market Place is operating an exterior grill and business transactions in violation of the
Vail Town Code. Should the Planning and Environmental Commission choose to uphold
this Administrative determination; the Community Development Department recommends
the Commission pass the following motion:
"Pursuant to Section 12-3-3, Appea/s, Vail Town Code, the P/anning and Environmental
Commission upho/ds the administrative determination that the One Willow Bridge Market
P/ace is operating an exteriorgrill and business transactions in vio/ation of the Vail Town
Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to uphold the administrative
determination, the Community Development Department recommends the Commission
makes the following findings:
"Based upon the review of Section V of the Staff's August 24, 2009, memorandum
and the evidence and testimony presented, the P/anning and Environmental
Commission finds:
1. That preparing food and conducting business transactions exterior to a
lodge within an outdoor dining area are not customarily incidenta/ and
accessory to, or necessary for the operation of, the One Willow Bridge
lodge or the Market P/ace eating and drinking establishment.
2. That preparing food and conducting business transactions exterior to the
One Willow Bridge /odge within the Market P/ace outdoordining area is in
vio/ation of the One Willow Bridge /odge approved Conditional Use Permit.
3. That preparing food and conducting business transactions exterior to the
One Willow Bridge /odge within the Market P/ace outdoordining area is in
vio/ation of the One Willow Bridge /odge approved MajorExteriorA/teration
or Modification application.
4. That preparing food and conducting business transactions within the
Market P/ace outdoordining area are not allowed as an outdoordisplay in
the Public Accommodation District.
5. That preparing food and conducting business transactions exterior to a
lodge within an outdoor dining area is not allowed in the Public
Accommodation District by the Vail Town Code."
VII. ATTACHMENTS
A. Appellant's Statement dated July 31, 2009
B. Photograph of Market Place outdoor grill
11
Attachment A
Marketplace on Meadow Drive
One Willow Bridge Road
Vail, Colorado 81657
,July 31, 2009
Planning and Environmental Commission
Town of Vai l
c/o Warren Campbell, AICP
75 South Frontage Road
Vail, Colorado 81657
Re: Lot 2, Sonnenalp Subdivision
Staff opinion letter dated ,July 17, 2009
Commissioners:
Triis letter shall serve as a supplement to our appeal of the staff's
interpretation affecting the operation of our business know as
Marketplace on Meadow Drive located at One Willow Bridge Road.
One Willow Bridge Road is a recently completed and successful
redevelopment within the Town of Vail. With this project we have
residential single family condominium, fractional ownership
condominium and commercial condominium ownership and uses. The
commercial uses are responsive to the expressed needs of Vail business
owners, full and part time residents and fill residential needs as well as
retail and service establishment gaps in the retail business category
specifically lacking within Vail Village prior to its completion. I am
extremely proud having developed this project, both its' residential and
commercial components and I believe that we have successfully added to
the lifestyle, quality and enjoyment in housing options as well as food,
beverage and entertainment along East Meadow Drive and within the
Town of Vai I.
One Willow Bridge Road is different than many properties located within
core of Vail Village in that the property is zoned Public Accommodation
(PA) rather than Commercial Core 1(CC1) like the remainder of the
village. The code provisions regulating properties zoned PA are different
than CC1. Our dining and retail uses, both indoors and outdoors are
located within the limits of our private property and none of our delivery
or service areas are located on Town right-of-way like so many of the
other properties within the Village. Our Town of Vail issued liquor license
permits service and consumption of alcoholic beverages within indoor
and outdoor areas on our private property in specifically designated and
controlled areas.
Nature of the InterQretation:
Apparently the owner of another retail food establishment located within
the CC1 zone district on Bridge Street has complained to the Town that
the Marketplace on Meadow Drive outdoor dining function including
grilling a limited number of inenu items on our outdoor dining deck does
not comport with code restrictions in other areas of the Town of Vail and
complained that they should have the same opportunity under their
different property and zoning conditions. There are several reasons why
that business and numerous others in Vail Village would not have this
opportunity, the primary one being that most do not have adequate
private property for these accessory uses adjacent to their dining
establishments or privately owned and zoned outdoor dining areas where
such a service option could be conducted.
The Town staff has written an opinion letter dated �uly 17, 2009
suggesting that we are conducting our business outdoors in violation of
the Town Code and issued its "interpretation" of the Town Code in that
letter. They have demanded that we cease the preparation of grilled food
outdoors and have threatened citations and other enforcement meas�res
if we fail to comply with demands contained in their opinion letter. In
response to our objection and disagreement with the staff interpretations
in their letter, the staff has allowed us to continue with our operation
outdoors pending a review and ruling by the PEC. We thank them for
their forbearance and respectfully disagree with the staff's interpretation
offering the following language and fact directly from the Town Code in
support of our ongoing conduct of this one aspect of our unique
business operation.
Our A�.R.�al:
There are two interpretations referenced in the Town's opinion letter at
issue. The first opinion is that outdoor grill located on the outdoor dining
deck is not allowed; the second opinion that the use of an unenclosed
dining deck requires the application and issuance of a conditional use
permit.
1. Outdoor Grill
The interpretation by staff cites section 12-7A-2 Permitted IJses
and opines that accessory uses must be conducted within the
principal use. However the code section referenced reads as
�,
follows:
"Lodges, including accessory eating, drinking, or retail
establishments located within the principal use and not occupying
more than ten percent (1096) of the total gross residential floor area
of the main structure or structures on the site; additional accessorv
dining areas may be located on an outdoor deck� norch, or terrace."
The code is clear that the principal use is to be located within a
structure but that "additional" accessory dining areas may be
located on an "outdoor" deck, porch, or terrace without limitation
as to area or size. We further believe that the grilling of food is
ancillary to the outdoor dining component and really not different
than the other ancillary activities common to outdoor dining
including consuming of food, payment for food, and prep areas
where drinks and food are prepared and delivered for
consumption. The primary kitchen is located within the building
but ancillary food preparation occurs on the outdoor private
property and within the outdoor dining area.
The Code allows for the staff or the PEC to consider this function as
an accessory use pursuant to section 12-7A-4: Accessory Uses as
detailed below:
"Other uses customarily incidental and atcessory to permitted or
conditional uses, and necessary for the operation thereof."
The outdoor grilling is clearly incidental to the permitted use of an
outdoor dining deck.
The interpretation by staff states that "in reviewing the regulations
staff confirmed that the Public Accommodation District and the
Commercial Core 1 District (the zoning of the majority of Vail
Village) both contain provisions for restricting the operation of
retail and commercial to within the prin�ipal structure." This
statement is untrue. The PA zone district contains no provisions
limiting retail or commercial activities to within the principal
structure as is evidenced by specific language allowing outdoor
dining decks as an additional accessory permitted use. Unlike the
PA zone district, the CC1 zone district includes as provision found
in section 12-7B-18, "Lo�ation of Business Activity" as follows:
"A. Limitations; Exception: All ofFices, businesses, and services
permitted by sections 1�-7B-Z through 12-7B-5 of this article,
shall be operated and conducted entirely within a building, except
for permitted unenclosed parking or loading areas, and the outdoor
display of goods.
B. Outdoor Displays: The area to be used for outdoor display must
be located directly in front of the establishment displaying the
goods and entirely upon the establishment's own property.
Sidewalks, building entrances and exits, driveways and streets shall
not be obstructed by outdoor display."
This section does not exist in the PA zone district and therefore the
concept that all activities must occur within the primary structure
does not apply in this zone district as it does within CC1.
We believe that based on the Code Sections we have cited above, it
is clear that the ancillary and accessory grilling of food in
connection with an outdoor dining deck is an allowable accessory
use at the Marketplace on Meadow Drive located in the PA zone on
private property at the One Willow Bridge Road.
2. Conditional Use Permit:
The staff interpretation states that because the property is included
in a combined zone lot with the Sonnenalp Resort and the
combined project was approved for more than 10% of the floor area
as commercial or retail space within the buildings requiring a
conditional use permit, that use of the outdoor dining deck for
grilling is also a violation of the conditional use permit. We believe
this interpretation to be incorrect.
In the PA zone district there are limitations on the amount of �Iloor
area allowed for accessory eating and drinking as well as retail
functions. Within Section 12-7A-2: Permitted Uses the code states
the following:
"Lodges, including accessory eating, drinking, or retail
establishments located within the principal use and not occupying
more than ten percent (10%) of the total gross residential floor area
of �the main structure or structures on the site; additional accessorv
dining areas may be located on an outdoor deck o�rch_, or terrace."
In the listing of permitted uses, lodges with accessory eating and
drinking are limited to 10% of the floor area of the main structure,
then there is a semi colon (;) after which it states "additional
accessory dining areas may be located on an outdoor deck^porch�
Qr terrace." Clearly outdoor dining was not being limited by the
10% limitation and is allowed as a permitted use on the property
regardless of the area that the outdoor dining occupies. The
limitation on floor area was directed at limiting the size of
structures and insuring a relationship between the size of the lodge
to the retail or commercial component.
Section 12-7A-3: Conditional Uses, found within the PA zone
district states:
"Lodges, including accessory eating, drinking, or retail ,
establishments located within the principal use and occupying
between ten percent (10%) and fifteen percent (159� of the total
gross residential floor area of the main structure or structures on
the site." If the floor area of the building occupied for commercial
uses is in excess of 10% and below 15%, then a conditional use is
required. Note that the language is similar to that of the permitted
uses except that it does not include the provision that "additional
accessory dining areas may be located on an oiatdoor deck, porch,
or terrace." This also makes it clear that outdoor dining decks are
considered a permitted use and not a conditional use.
The staff interpretation cites as an example the enclosure of the
Sonnenalp Resort Ludwig's Restaurant outdoor dining deck being
an increase to the percentage of commercial floor area and thus
requiring a conditional use permit. It is true that because this area
was enclosed into the main structure that it required a conditional
use permit. It did not, however, require a conditional permit when
it was just an outdoor dining area. If you follow the logic of the
stafF interpretation being applied to the Marketplace on Meadow
Drive outdoor dining deck by suggesting it requires a conditional
use permit, then there would have been no need to require
Ludwig's new enclosure to obtain a conditional use permit as that
area would have already been included in the commercial floor area
when operated as an outdoor dining deck. The fact that Ludwig's
expansion required a conditional use permit only when enclosed,
supports our interpretation that outdoor dining areas and ancillary
uses are "permitted" uses in the PA Zone District not requiring
conditional use permits unless enclosed.
In fact we believe the proper interpretation is that outdoor dining
decks within the PA zone district are permitted uses and not
included in the floor area restrictions.
We request that the PEC overturn the staff interpretations in favor
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Department of Community Development
75 South Frontage Road
I/ail, Colorado 81657
970-479-2138
FAX 970-479-2452
www. vailgou com
Bob McNichols
1 Willow Bridge Road
Vail, CO 81657
Re: Lot 2, Sonnenalp Subdivison
Mr. McNichols,
July 17, 2009
This letter is being provided in response to our conversation at the One Willow Bridge
Market Place on June 22, 2009, in which we discussed the Town Staff's belief that you
were operating an exterior grill and business transactions in violation of the Town Code.
At this meeting I explained the following from my June 12, 2009, email to you:
"One Willow Bridge is located within the Public Accommodation District which
has a p�incipal purpose of providing lodge land uses. Accessory to this is a retail
component as seen below. Furthermore the language in this zone district speaks
to the operation of the accessory retail component within the principal use.
12-7A-2: PERMITTED USES:
Lodges, including accessory eating, drinking, or retail establishments
located within the principal use and not occupying more than ten percent
(10%) of the total gross residential floor area of the main structure or
sfructures on the site; additional accessory dining areas may be located
on an outdoor deck, porch, or terrace.
12-7A-3: CONDITIONAL USES:
Lodges, including accessory eating, drinking, or retail establishments
located within the principa! use and occupying between ten percent (10%)
and fifteen percent (15%} of the total gross residential floor area of the
main structure or structures on the site.
Therefore the operation of the outside BBQ grill is in violation of the regulations
of the Code as it is not located within the principal use. The only exception to
this is when a business is pa�ticipating in a special event approved by the Town
of Vail. The Town has received at least only concerned call regarding your
operation of the grill outside of your establishment which brought this to our
attention.
In reviewing the regulations staff confirmed that the Public Accommodation
District and Commercial Core 1 District (the zoning of the majority of Vail Village)
��•iRECYCLED PAPER
U'
both contain provisions for restricting the operation of retail and corrimercial to
within the principal structure. These provisions exist as the vision of the writers
was to create a particuiar ambiance within Vail. The regulations and master
plans which the Town has adopted are designed to create a world class resort
which exudes class, cleanliness, beautiful architecture, vitality, etc. This is why
you do not see street vendors throughout Vail, with the exception of the popcorn
wagon and special events. The Town receives numerous request from business
to operate within the right-of-way and in front of their permanent businesses each
year." �
As a resuft of our conversation I informed you that I would research the file to determine
more of the facts surrounding the approvals of the Sonnenalp addition and the project
now known as One Wllow Bridge. In perForming this review I have confirmed that the
Sonnenalp addition and One Willow Bridge (project) were approved simultaneously on
May 12, 2003, as a single development project due to the shared subterranean
improvements and the desire of Mr. Fessler to divide the development potential in terms
of accommodation units and dwelling units in a manner consistent with the zoning.
Furthermore, I have confirmed that a conditional use permit was granted to this project
to a11ow it to exceed 10% of the gross residential floor area in retai! floor area. A
conditional use allowing for 12.5% was approved. Subsequenf to this approval the
allowable square footage of commercial floor area was increased to 13.5% with the
enclosure of the Ludwig's deck.
Per the conditional use process, Chapter 16, Conditional Uses, Vail Town Code, the
Planning and Environmental Commission reviews proposals for land uses which are
deemed necessary to be scrutinized to a greater degree as they may have impacts that
need to be mitigated through the imposition of conditions controlling operational aspects.
In this case commercial floor area in excess of 10% of the gross residential floor area is
identified as a conditional use within the Public Accommodation district. As a part of
your current approvals the Planning and Environmental Commission approved plans
absent the incorporation of exterior food preparation and conduct of business
transactions. As stated in my June 12, 2009, email correspondence fhere have
historically been concerns with an operation of uses similar to the one you are
conducting currently.
In conclusion, the Town Staff believes you are operating the exterior preparation and
sale of food in violation of the approved conditional use permit. Staff further believes the
language stating that the conditional commercial use occurs within the principal use and
occupying floor area prohibits the outdoor operation of the preparation and sale of food.
To rectify this violation you need to cease the operation of the exterior preparation and
sale of food. This includes the removal of the grill, tables, etc. This use needs to cease
by no latter than Monday July 20, 2009, at 11:00 a.m.
Should you feel that Staff's interpretation of the Code is incorrect you can submit an
appeal of staff's determination per Section 12-3-3, Appeals, Vail Town Code, to be
scheduled and heard before the Planning and Environmental Commission. Should you
choose to appeal Staff's interpretation of the regulations contained within the Public
Accommodation District you must cease all activities identified as a violation until such
time as there is a hearing and a determination.
2
�
I look forward to working with you to rectify this violation and resolve the matter in a
timely fashion. Should the operation of the exterior preparation and sale of food occur
on Monday July 20, the Town will issue a first warning and begin the Code Compliance
process which may result in an issuance of a citation.
If you have any further questions or comments please feel free to contact me by email at
wcampbell(a�vailqov.com or by phone at 970-479-2148.
Sincerely,
�����
Warren Campbell, AICP
Chief of Planning
Town of Vai1
Cc:
George Ruther, Director of Community Development
Bob Webb, Code Compliance Officer
File
3
VAIL VILLAGE PLAZA CONDO ASSOC.
C/0 ABPLANALP LAW OFFICE LLC
POST OFFICE BOX 2800
VAIL, CO 81658
)OSEF STAUFER
P 0 BOX 666
VAIL, CO 81658
SOLARIS PROPERTY OWNER LLC
2211 N FRONTATGE RD STE A
VA1L, CO 81657
HI$BERD, FRED, JR
400 NW RIDGE RD
JACKSON, WY 83001
VAIL CORE CONDO ASSOCIATION
VAIL TAX & ACCOUNT[NG, INC.
P 0 BOX 5940
AVON, CO 81620
VAIL CORP
IN CARE OF THE F[XED ASSETS DEPARTMENT
390 I�ITERLOCKEN CRESCENT STE 1000
BROOMFIELD, CO 80021
TOWN OF VAIL F[NANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
EDELWE[SS CONDOM[NIUM ASSOCIAT[ON
TOM SAALFELD
2478 GARM[SCH DRIVE
VAIL, CO 81657
�'`�...�.,,,�,„ ��,,,,�
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RIVERHOUSE CONDOMINIUM ASSOCIATION, INC.
R. GREGORY STUTZ
1660 LINCOLN STREET, SU[TE 2850
DENVER, CO 80264
TALISMAN CONDOMINIUM ASSOCIATION
W. THOMAS SAALFELD
2478 GARM[SCH DRIVE
VAIL, CO 81657
SONNENALP PROPERTIES [NC
20 VAIL RD
VAIL, CO 81657
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 24, 2009
SUBJECT: A request for a work session to discuss prescribed regulations amendments,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning
Regulations, Vail Town Code, and setting forth details in regard thereto.
(PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
PURPOSE
The applicant, the Town of Vail, is requesting a work session to discuss prescribed
regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Title 12, Zoning Regulations, Vail Town Code, to allow for housekeeping, clarification and
policy shifts within the Town of Vail, and setting forth details in regard thereto.
The purpose of this work session is to discuss policies and regulations related to deed-
restricted employee housing. Because this is a work session, no formal action is required
at this time. Staff requests that the Commissioners listen to the presentation, ask any
pertinent questions, and provide feedback on the proposed regulations. Staff also
requests that this item be tabled to the September 28, 2009 meeting for further
deliberation.
II. BACKGROUND
As a result of the Vail 20/20: Focus on the Future process, the Town adopted a housing
goal of deed-restricted employee housing for 30% of the workforce within the Town of
Vail. On April 3, 2007, the Town adopted inclusionary zoning and commercial linkage
regulations that require mitigation of development impacts via provision of employee
housing. On May 20, 2008, the Town adopted additional regulations to require that a
portion of required employee housing be provided on-site for redevelopment and new
construction. The Town's goal on employee housing was reaffirmed with the adoption of
the Vail Employee Housing Strategic Plan on September 2, 2008.
III. DESCRIPTION OF THE REQUEST
The following topics of discussion are aspects of the employee housing regulations within
Chapter 12-13, Employee Housing Regulations, Vail Town Code. Within the existing
regulations, there are ten types of employee housing units. These types are regulated by
Section 12-13-4, Requirements by Employee Housing Unit Type (provided in Attachment
A for reference), and include requirements for the following, all of which will be evaluated
in this memo for policy validation:
• zone district
• ownership scenario
• Gross Residential Floor Area (GRFA) credit
1
• site coverage bonus
• landscaping reduction
• garage GRFA credit
• storage requirements
• parking requirements
• minimum and maximum size
• density controls
1. Should ownership requirements for employee housing units be amended?
Existing regulations allow all employee housing units to be sold separately except for
Type II and Type V EHUs, which are required to be tied to the dwelling unit. Type II EHUs
are allowed in Single-Family Residential, Agriculture and Open Space, as well as on lots
over 14,000 sq ft in the Two-Family Residential and Two-Family Primary/Secondary
Districts. Type V EHUs are permitted in the Hillside Residential Districts. The Type II and
Type V EHUs are attached to dwelling units, and are currently required to be owned by
the dwelling unit owner (or one of the owners in Two-Family Residential and Two-Family
Primary/Secondary Districts). The original purpose for single ownership was to create
caretaker units that were small and housed property management employees. Single
ownership also removed any issues that arise from multiple ownership on one lot. While
this creates a rental opportunity for dwelling unit owners, these regulations reduce the
amount of housing that is available as for-sale to employees and other entities who wish
to rent the units to employees. The goal of employee housing is to house employees,
regardless of ownership scenario, and enforcement only confirms occupancy by an
employee.
Policy question for PEC: Should ownership requirements for employee housinq units be
amended? Staff recommends that all employee housing units be permitted to be sold
separately, although the option to keep the EHU as part of one parcel with the dwelling
unit would remain.
2. Should regulations be amended to allow for additional building separation of
employee housing units and dwelling units?
In order to have separation of units and/or garages in a duplex, the Design Review Board
must determine there is a significant site constraint. The regulations, within Section 14-
10-6, Residential Development, are as follows:
B. The presence of significant site constraints may permit the physica/ separation of
units and garages on a site. The determination of whether or not a/ot has significant
site constraints shall be made by the design review board. Significant site constraints"
shall be defined as natura/ features of a/ot such as stands of mature trees, natural
drainages, stream courses and other natural water features, rock outcroppings,
wet/ands, other natural features, and existing structures that may create practical
difficulties in the site planning and deve/opment of a/ot. S/ope may be considered a
physica/ site constraint that allows for the separation of a garage from a unit. It shall
be the applicant's responsibility to request a determination from the design review
board as to whether or not a site has significant site constraints before fina/ design
work on the project is presented. This determination shall be made at a conceptual
review of the proposal based on review of the site, a detailed survey of the /ot and a
preliminary site plan of the proposed structure(s).
C. The residentia/ deve/opment may be designed to accommodate the deve/opment of
dwelling units and garages in more than one structure if the design review board
2
determines that significant site constraints exist on the /ot. The use of unified
architectura/ and /andscape design as outlined herein shall be required for the
deve/opment. In addition, the design review board may require that one or more of
the following common design e/ements such as fences, walls, patios, decks, retaining
walls, walkways, landscape e/ements, or other architectura/ features be incorporated
to create unified site deve/opment.
In addition to the above regulations, Chapter 12-13, Employee Housing, includes
regulations that allow Type I EHUs to be built on existing separated garages. The
provision also allows the Design Review Board to permit a 500 sq ft or less Type 1 EHU,
which is allowed on sites less than 14,000 sq ft within the Two-Family Residential and
Two-Family Primary/Secondary Districts, to be separated from the dwelling unit. The
regulations, within Section 12-13-3, General Requirements, are as follows:
B. Deve/opment Standards:
5. An EHU may be /ocated in, or attached to, an existing garage (existing on or before
April 18, 2000, and whether located in a required setback or not), provided that no
existing parking required by this code is reduced or eliminated. A type / EHU of five
hundred (500) square feet or less of GRFA may be considered for physica/ separation
from the primary unit, if it is constructed in conjunction with a two (2) car garage and is
otherwise compatible with the surrounding properties, does not have an adverse
impact on vegetation, and does not dominate the street. The design review board
shall review such requests for separation.
The above provisions provide an incentive to build a two-car garage for Type I EHUs,
since separation allows for a single-family home feel, and helps separate the units for
future exterior alterations.
Policy Question for PEC: Should requlations be amended to allow for additional buildinq
separation of employee housinq units and dwellinq units? Staff believes that this
provision should be extended to all EHUs within low-density residential districts, including
Single Family Residential, Two-Family Residential, Two-Family Primary/Secondary,
Hillside Residential, and Residential Cluster Districts. This would provide incentive to
build a two-car garage for EHUs, so long as adverse impacts do not occur. Staff also
recommends the limitation of 500 sq ft for unit size be eliminated.
3. Should regulations be amended to standardize and thus, provide additional
incentives for employee housing units?
Incentives for EHUs, including additional GRFA, GRFA garage credit, additional site
coverage, and reduced landscaping requirements are not uniform among the types of
EHUs. With the goal of eliminating types of EHUs, Staff will move the regulations for EHU
incentives to each individual zone district, where regulations for site coverage,
landscaping and GRFA are located. The following chart summarizes the incentives for
EHUs by zone district as currently adopted:
Zone District GRFA Site coverage/ Garage/ Storage EHU
Landscaping Credits Mitigation
Bonus? Required?
Single-Family Residential 550 sq ft extra No 300 sq ft garage credit No
GRFA for up to 1 space OR
must have 75 sq ft
storage (GRFA credit)
Two-Family Primary 550 sq ft extra 5% extra site 300 sq ft garage credit No
Secondary (less than GRFA coverage, 5% for up to 2 spaces (600
14,000 sq ft) reduction in sq ft total) OR must have
landscaping 75 sq ft storage (GRFA
requirement credit)
Two-Family Primary 550 sq ft extra No 300 sq ft garage credit No
Secondary GRFA for up to 1 space OR
must have 75 sq ft
storage (GRFA credit)
Two-Family Residential 550 sq ft extra 5% extra site 300 sq ft garage credit No
(less than 14,000 sq ft) GRFA coverage, 5% for up to 2 spaces (600
reduction in sq ft total) OR must have
landscaping 75 sq ft storage (GRFA
requirement credit)
Two-Family Residential 550 sq ft extra No 300 sq ft garage credit No
GRFA for up to 1 space OR
must have 75 sq ft
storage (GRFA credit)
Hillside Residential No No No No
Residential Cluster Unlimited No No No
GRFA
Low Density Multiple Unlimited No No No
Family GRFA
Medium Density Multiple Unlimited No No No
Family GRFA
High density multiple- Unlimited No No Yes
family GRFA
Housing Determined by Determined by Determined by PEC No
PEC PEC
Agriculture and open 550 sq ft extra No 300 sq ft garage credit No
space GRFA for up to 1 space OR
must have 75 sq ft
storage (GRFA credit)
Public accommodation Unlimited No No Yes
GRFA
Commercial core 1 Unlimited No No Yes
GRFA
Commercial core 2 Unlimited No No Yes
GRFA
Commercial core 3 Unlimited No No Yes
GRFA
Commercial service center Unlimited No No Yes
GRFA
Arterial business Unlimited No No Yes
GRFA
Lionshead mixed use 1 Unlimited No No Yes
GRFA
Zone District GRFA Site coverage/ Garage/ Storage EHU
Landscaping Credits Mitigation
Bonus? Required?
Lionshead mixed use 2 Unlimited No No Yes
GRFA
Public accommodation 2 Unlimited No No Yes
GRFA
Ski base/ recreation Unlimited No No Yes
GRFA
Ski base/ recreation 2 Unlimited No No Yes
GRFA
Special development Unlimited No No Yes
districts GRFA
Parking district Unlimited No No Yes
GRFA
General use Unlimited No No Yes
GRFA
Policy Question for PEC: Should requlations be amended to standardize and thus,
provide additional incentives for employee housinq units?
The site coverage bonus and landscaping reduction are ways to help facilitate the
construction of EHUs without penalizing the other units on site. In this case, the bonus
and reduction are only provided to EHUs on lots less than 14,000 sq ft in the Two-Family
Residential and Two-Family Primary/Secondary Districts. While a bonus would allow for
additional site coverage, thus increasing the bulk and mass on site, this bonus would help
facilitate additional EHUs to be provided on sites that would not be required to provide
them otherwise. Staff recommends that all low-density residential districts be provided a
site coverage bonus and a landscaping reduction for on site EHUs, including Single-
Family, Two Family Residential, Two-Family Primary/Secondary, Residential Cluster,
Hillside Residential, Low Density Multiple Family and Medium Density Multiple Family
Districts.
Garage credits are provided for up to two spaces on lots less than 14,000 sq ft in the Two-
Family Residential and Two-Family Primary/Secondary Districts, and only one space is
credited on lots larger than 14,000 sq ft in Two-Family Residential and Two-Family
Primary/Secondary Districts, as well as the Agriculture and Open Space and Single-
Family Residential Districts. In order to facilitate the construction of garages for EHUs,
Staff recommends that EHUs be treated the same as dwelling units, and receive garage
credit for up to two spaces (300 sq ft/ space) in all low-density residential districts,
including Single-Family, Two Family Residential, Two-Family Primary/Secondary,
Residential Cluster, Hillside Residential, Low Density Multiple Family and Medium Density
Multiple Family Districts. Any proposal would be required to comply with all development
parameters.
In the commercial districts where EHU mitigation is required via inclusionary zoning and
commercial linkage, EHUs do not count towards density or GRFA. This existing incentive
helps to promote EHU construction, but other site constraints remain. It is implied that in
these districts, garage space would be common element, thus not counting as GRFA.
Recent regulations require that for new construction and redevelopment, half of the EHU
mitigation requirements be built on site. However, there is no incentive for providing
additional EHUs on site. Staff believes that incentives to build additional EHUs beyond
the required on-site mitigation be implemented. An example of an incentive would be
increased site coverage and reduced landscaping.
4. Should the ten types of employee housing units be eliminated?
Upon review of the above questions, it is self-evident that there is major confusion with the
ten types of employee housing units within the Town of Vail. The EHU types do not
further the goal of housing employees within the Town of Vail, but instead provide a
confusing barrier to achieving this goal. Having ten types of employee housing units has
become confusing, particularly in light of the Town's goal of ensuring employees lie in the
units. The various incentives and requirements for each type lack uniformity and clarity,
as outlined in this memo.
Policy Question for PEC: Should the ten types of employee housinq units be eliminated?
Staff recommends that the types of employee housing units be dissolved, and that all
regulations be reconfigured and inserted into each zone district section within Title 12,
Zoning Regulations. This will provide a more customer friendly version of the regulations
and will hopefully promote the creation of employee housing units.
IV. APPLICABLE PLANNING DOCUMENTS
VAIL 20/20 STRATEGIC PLAN
HOUSING GOAL:
"The Town of Vail recognizes the need for housing as infrastructure that promotes
community, reduces transit needs and keeps more employees living in the town, and will
provide enough deed-restricted housing for at /east 30 percent of the workforce through
policies, regulations and publiclyinitiated deve/opment."
EMPLOYEE HOUSING STRATEGIC PLAN (IN PART)
OBJECTNES
A. Provide housing to address needs generated by new deve/opment or
redevelopment.
It is documented and understood that new deve/opment will require additiona/ employees
and a goa/ of the EHSP is to provide for that housing. This goal is a/so referred to as "
Keep Up" in the EHSP,� going forward the Town will attempt to address the increase in
demand from new employees by requiring deed-restricted housing as a condition of new
deve/opment or redeve/opment. The Town will encourage deve/opers to provide a range
of housing choices for the entire spectrum of jobs that are being created by the new
deve/opment.
B. Respond to the existing affordable housing shortfall by pursuing a number of
identified programs and development opportunities.
This goa/ is a/so referred to as "Catch Up" in the EHSP; it describes efforts to address
deficiencies in the available housing inventory that have arisen over a period of years.
F. Increase and maintain deed-restricted housing within the Town to encourage the
efficient use of resources by placing emp/oyees closer to their place of work.
It is understood there is a reduced need for persona/ automobiles and reduced transit
costs when home and work are in close proximity to one another. A/so, there may be
changes in workforce demographics that result in opportunities to reduce parking
associated with affordable housing in se/ected /ocations. To the extent these
opportunities can be realized, without negative impacts on the overall community, they will
be explored.
6
Town Initiatives:
Incentive Zoning and Density Bonuses
The Town will consider workforce housing objectives in all review processes that permit
discretion. This means that the Town will work actively with deve/opers as a part of the
Housing District, Specia/ Deve/opment District review processes and requested changes
in zoning to not only meet the requirements of existing code, but to /ook for opportunities
to go beyond code requirements to encourage additional workforce housing to be created.
As a part of these review processes the Town will work actively with deve/opers to create
incentives to deve/op housing that exceeds the minimal requirements contained in the
code. Additiona/ density may be granted in se/ected /ocations through the appropriate
review processes, and fee waivers and subsidies may be considered. The Incentives
Zoning and Density Bonuses help Vail to "catch up" with existing deficiencies and add to
the overall percent of employees living within the Town of Vail. Achieves Objectives B, D,
E, F, and G.
V. STAFF RECOMMENDATION
Staff requests that the Commissioners listen to the presentation, ask any pertinent
questions, and provide feedback on the policy questions found in this memo. Because
this is a work session, no formal action is required at this time except a tabling of this item
to the September 28, 2009 PEC meeting.
VI. ATTACHMENT
A. Section 12-13-4, Requirements by Employee Housing Unit Type
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PLANNING AND ENVIRONMENTAL COMMISSION
August 10, 2009
l. 1:OOpm
�au�voFV�u �
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Rollie Kjesbo
Scott Lindall
Sarah Paladino
Bill Pierce
Susie Tjossem
Site Visits:
No site visits
MEMBERS ABSENT
Michael Kurz
David Viele
A moment of silence was observed in remembrance of former Commissioner Jim Viele.
1
2.
5 minutes
A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Tabled to August 24, 2009
MOTION: Lindall SECOND: Tjossem VOTE: 5-0-0
60 minutes
A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to August 24, 2009
MOTION: Kjesbo SECOND: Paladino VOTE: 5-0-0
Rachel Friede presented an overview of the Staff inemorandum covering each topic one at a
time.
Regarding the topic of orientation of buildings for passive solar gain, Commissioners Tjossem
and Pierce expressed concern with regard to regulating building orientation and the fact that
much of a lot's value is derived from the views that can be obtained. Furthermore, the
orientation of our valley, the steep slopes and natural features (rocks and trees) will provide
barriers to compliance with building orientation requirements. The Commissioners generally
agreed to recommend additional language to strengthen the guideline to utilize passive solar
heating and cooling through design.
Regarding the topic of regulating site disturbance on all low-density residential lots, the
Commissioners expressed that regulating site disturbance held some positive benefits.
Commissioner Kjsebo brought up the concern that utility connections sometimes require
increased site disturbance than may be planned. Commissioner Pierce expressed concern over
tying into grades of neighboring properties. He suggested a distance by which to tie in to catch
Page 1
grade. Commissioner Lindall expressed concerns about limiting site disturbance as some lots
need further disturbance, such as smaller lots and lots without natural topography due to
previous development. Commissioner Tjossem suggested a sliding scale of ratios, with smaller
lots allowed greater disturbance. Rachel Friede suggested an alternative to site disturbance as
a percentage, citing the LEED program that limits site disturbance with certain prescribed
distances from buildings, walkways, and other site improvements. Commissioners Tjossem and
Lindall agreed with that concept. Commissioner Kjesbo suggested that a site disturbance bonus
be provided for sites with EHUs that are allowed greater site coverage.
Regarding the topic of water course setbacks, Rachel Friede elaborated on the lack of clarity of
what is allowed in the water course (stream) setback. Commissioner Pierce believed that the
current regulations were appropriate so long as it was on private property. He stated that an
individual should be able to landscape within the setback to whatever degree they desired. The
Commissioners generally agreed with keeping the existing regulations allowing for at grade
patios and decks to encroach into the stream setbacks. It was agreed that areas within the
floodplain remain natural.
Regarding the topic of wetland regulations, Rachel Friede described the current regulations with
regard to wetlands, which are limited in scope. Commissioner Kjesbo stated that a wetlands
delineation of the entire Town needs to occur prior to any new regulations. He said this type of
study would be helpful like the other hazard maps. The Commissioners generally agreed that
prior to determining the appropriate setback from wetlands, a Town-wide study should be
conducted to understand the extent of the wetlands in the Town.
Regarding the topic of roof forms and heat tape, Rachel Friede described the impacts of heat
tape and potential ways to reduce the impact through the design of a roof form. Commissioner
Paladino felt that the exact regulations should be reviewed when discussing this topic as it
deserved greater scrutiny. Commissioner Pierce stated that heat tape was an integral part of
roof system design in Vail. He added concerns about safety in pedestrian ways. Warren
Campbell reminded the commission that we were focusing on residential at this point and not the
commercial/pedestrian villages. Several of the Commissioners agreed that heat tape in excess
is not good for anyone. They agreed that individual circuits and sensors should be required.
Furthermore as roof systems improve to R-60, less and less heat tape will be needed. It was
mentioned that it takes a couple of seasons to determine were ice damning occurs. It was
suggested that the way to regulate this topic was through technology.
Regarding the topic of roofing materials, Rachel Friede reviewed the current regulations. She
noted that the changes in roofing material technology has created a need to amend the
regulations. The Commissioners expressed that it wasn't warranty or weight that was the
concern but the relief of the shingle with regard to thickness and shadow lines created. It was
suggested that bi- and tri-laminate should be explored.
Regarding the topic of plant species selection, Rachel Friede went through the current
regulations and the concerns of non-native/evasive species being introduced. Commissioner
Pierce stated his concerned about limiting to only native species as there has been hybrid
evolution of plants that may be appropriate for this area. Commissioner Tjossem inquired into
the ease of listing prohibited species. Commissioner Pierce stated that there is a need for
screening between neighboring properties. Furthermore, the trees may serve as a wind break or
shade for cooling in the summer.
Regarding the topic of landscaping irrigation, the Commissioners generally agreed that requiring
review of irrigation would be cumbersome and costly. Commissioner Kjesbo noted that a
limitation on turf grass areas would be preferable to limitation on permanent irrigation.
Page 2
Commissioner Pierce noted that even native grasses need watering in order to stay healthy.
Commissioner Paladino expressed concern that creating a maximum amount of turf grass could
potentially encourage applicants to utilize turf grass when they wouldn't have without limitations.
Commissioners Lindall and Kjesbo agreed that applicants typically know if they want turf or not,
and would not be encouraged to add more with such regulations. The commissioners generally
agreed for a need to require rain sensors.
Regarding the topic of tree removal, Rachel Friede reviewed the guidelines and recommended
that more concrete requirements for replacement be implemented. Commissioner Kjesbo
suggested that the Town could be a repository for tree replacement that cannot be located on a
subject property. The Commissioners agreed that tree replacement should be required, with off-
site mitigation permitted, for removal of healthy trees. They also agreed that replacement of
dead trees be recommended, but not required.
Regarding the topic of limitation of driveway size and thus, limiting snow melt, Rachel Friede
made a presentation on the impacts and growth of snow melt over the past seven to ten years.
The Commissioners agreed that limitations on driveway size could affect design. Commissioner
Lindall noted that he would rather see snowmelted driveways if other structure design issues
could be better addressed. Commissioner Pierce noted that required parking spaces may have
contributed to large driveways. Pierce further commented that smallest driveway may not be the
best for design. Commissioner Lindall noted that snowmelted areas should have a specific
purpose, such as a path to an outdoor hottub or a specific feature.
5 minutes
3. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to August 24, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 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: Table to August 24, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 minutes
5. 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: Table to August 24, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 minutes
6. 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
Page 3
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: Table to October 26, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 minutes
7. 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: Table to October 26, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 minutes
8. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to October 26, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
5 minutes
9. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-way
which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to October 26, 2009
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
10. Approval of July 27, 2009 minutes
MOTION: Kjesbo SECOND: Lindall VOTE: 5-0-0
11. Information Update
The PEC requested to have a copy of the memorandum to Council regarding PAYT to be
provided to them.
Page 4
The PEC requested to know the height of the poles the example light fixtures were attached to at
Ford Park for the Lighting Master Plan.
12. Adjournment
MOTION: Kjesbo SECOND: Lindall 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 August 7, 2009, in the Vail Daily.
Page 5
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