HomeMy WebLinkAbout2010-0426 PEC,.
T(1WN DF VAlL '
PLANNING AND ENVIRONMENTAL COMMISSION
April 26, 2010
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Searing in of new members:
Site Visits:
1. Ever Vail walking tour of pedestrian connections
2. Adam Residence — 765 Forest Road
3. Williams Residence — 1401 Lions Ridge Loop
10 minutes
Lorelei Donaldson
90 minutes
15 minutes
1. A request for a recommendation to the Vail Town Council for a major amendment to a Special
Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code,
to amend Special Development District No. 37, Tivoli Lodge, to add one accommodation unit and
remove meeting space, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5tn
Filing, and setting forth details in regard thereto. (PEC100013)
Applicant: Robert Lazier
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
20 minutes
2. A request for the review of a conditional use permit, pursuant to Section 12-6D-3, Conditional
Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot
8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (PEC100016)
Applicant: Nancy Adam
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
3. A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town
Code, to allow for the re-subdivision of Lot 4 into two lots, located at 1401 Lion's Ridge Loop/Lot
4, Lion's Ridge Filing 2, and setting forth details in regard thereto. (PEC100017)
Applicant: AI and Suzan Williams, represented by Victor Mark Donaldson Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
15 minutes
4. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-14-
20, Commercial Core Construction, Vail Town Code, to extend the Construction Mitigation
Signage Program, and setting forth details in regard thereto. (PEC100015)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
Page 1
45 minutes
5. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH)
District, and setting forth details in regard thereto. (PEC100011)
Applicant: Chris Galvin, represented by K.H. Webb Architects/Mauriello Planning Group
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
60 minutes
6. A request for a work session on a major exterior alteration, 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:
MOTION: SECOND: VOTE:
5 minutes
7. A request for an amendment to an Approved Development Plan, pursuant to Section 12-61-11,
Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the
required landscape plan and geologic hazard mitigation plan for the redevelopment of the
easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of
a variance, from Section 14-5-1, Minimum Standards, Parking Lot and Parking Structure Design
Standards for All Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code,
to allow for a crossover drive aisle width of less than thirty-feet (30') within the required parking
structure, located at 1280 North Frontage Road/Lots 1-5, Block C, Lions Ridge Subdivision Filing
1,and setting forth details in regard thereto. (PEC100018/PEC100019)
Applicant: Vail Timber Ridge L.L.C.
Planner: George Ruther
ACTION: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
8. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West 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 May 10, 2010
MOTION: SECOND: VOTE:
9. A request for a final recommendation to the Vail Town Council for <
amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to
properties from Arterial Business District and unzoned South Frontage
Page 2
5 minutes
� zone district boundary
allow for a rezoning of
Road West right-of-way
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
10. A request for a final review of a variance from 12-71-14, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage below grade, within
"Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031
(Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy
Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon
Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description
is available for inspection at the Town of Vail Community Development Department), and setting
forth details in regard thereto. (PEC090035)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
11. A request for a final recommendation to the Vail Town Council for a proposed major amendment
to Special Development District No. 4, Cascade Village, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial
Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the
properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West/Lot
54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
12. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
13. 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: Table to May 10, 2010
MOTION: SECOND: VOTE:
5 minutes
Page 3
14. A request for a final recommendation for 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 May 10, 2010
MOTION: SECOND: VOTE:
15. Approval of April 12, 2010 minutes
MOTION: SECOND: VOTE:
16. Information Update
17. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 23, 2010, in the Vail Daily.
Page 4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment
to a Special Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to amend Special Development District No. 37,
Tivoli Lodge, to add one accommodation unit and remove meeting space,
located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5t" Filing, and
setting forth details in regard thereto. (PEC100013)
Applicant: Robert Lazier
Planner: Rachel Friede
SUMMARY
The applicant, Robert Lazier, is requesting a recommendation to the Vail Town Council
on a major amendment to Special Development District No. 37, Tivoli Lodge, to allow for
a conversion of unfinished meeting room space to an accommodation unit (hotel room).
Staff is recommending approval of the applicant's proposal, based on the criteria
established in Section VII of this memorandum. For reference, the following documents
are attached: Vicinity Map (Attachment A), Ordinance No. 12, Series of 2003
(Attachment B), draft Ordinance No. 7, Series of 2010 (Attachment C) and architectural
plans (Attachment D).
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a major amendment to Special Development District No. 37,
Tivoli Lodge. The request includes:
Conversion of 891 square feet of designated meeting space into a hotel room,
resulting in the following changes to the SDD language:
• Amendments to the density control section, including increase from 61
accommodation units to 62 accommodation units, increase of total GRFA
from 27,010.5 square feet to 27,901.5, and an increase of AU GRFA from
23,560 square feet to 24,451 square feet.
• No changes to number of parking spaces
III. BACKGROUND
Special Development District No. 37, Tivoli Lodge, was established by Ordinance No.
12, Series of 2003. The SDD allowed for increased height, loading and delivery in the
front setback and a reduction in landscaping. The Tivoli Lodge provided one on-site
employee housing unit, streetscape improvements, a paved walkway on Hanson Ranch
Road and paid a transportation impact fee for increased vehicle trips. The Tivoli Lodge
received their certificate of occupancy in 2005. No changes have been made to the
Tivoli Lodge since it opened.
1
IV. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Residential Public Accommodations
South: Open Space Agriculture and Open Space
East: Residential Public Accommodations
West: Open Space Agriculture and Open Space
V. ZONING ANALYSIS
Legal Description
Zoning:
Lot Size:
Lot E, Block 2, Vail Village 5t" Filing
SDD No. 37, Public Accommodations (PA) District
27,620 square feet/ 0.5225 acres
Development Allowed Allowed Proposed Net Change
Standard PA District SDD No. 37
Dwelling Units/Acre 25 DU/acre 1 DU 1 DU +1 AU
unlimited EHU, 61 AU 62 AU
AU, FF/TS 1 EHU 1 EHU
GRFA (max) 41,430 sq ft 27,010.5 sq ft 27,901.5 sq ft +891 sq ft
Site Covera e max 65%/ 17,953 s ft 63% 63% No chan e
Landscaping (min) 30%/ 8,286 sqft 30% 30% No change
Setbacks 20 feet Per approved plan Per approved plan No change
Parking (min) 47 spaces* 40 spaces 40 spaces* No change
Height (max) Sloping roof 56 feet 56 feet No change
48 feet
VI
*The proposed conversion of ineeting space to an AU reduces the required parking
calculation by 1 space. No additional spaces proposed but deviation between SDD and
required parking will be reduced.
APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan (in part)
1.0 Genera/ Growth/Deve/opment
1.1
1.3
1.12
Vail should continue to grow in a controlled environment, maintaining a
ba/ance between residential, commercia/ and recreational uses to serve
both the visitor and the permanent resident.
The quality of deve/opment should be maintained and upgraded
whenever possib/e.
Vail should accommodate most of the additiona/ growth in existing
deve/oped areas (infill areas).
3.0 Commercial
3.1. The hote/ bed base should be preserved and use more efficiently.
3.2. The Village and Lionshead areas the best /ocation for hote/s to serve the
future needs of destination skiers.
3.3. Hote/s are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4. Commercia/ growth should be concentrated in existing commercia/ areas
to accommodate both loca/ and visitor needs.
6
Vail Village Master Plan (in part)
GOAL #2: TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR
THE COMMUNITY AS A WHOLE.
Obiective 2.3: Increase the number of residential units available for short term
overnight accommodations.
Policv 2.3.1: The development of short term accommodation units is
strongly encouraged. Residential units that are developed above existing
density levels are required to be designed or managed in a manner that
makes them available for short term overnight rental.
Obiective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better serve the
needs of our guests.
EAST VILLAGE, SUB-AREA (#7)
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The East Village sub-area is comprised almost exclusively of residential/lodging and
condominium development. The sub-area separates the commercial activity of the
Village Core on the west with the Golden Peak Ski Base/Recreation area on the east.
While there is vehicular traffic through the sub-area, Hanson Ranch Road, Gore Creek
Drive, and Vail Valley Drive also accommodate a great deal of pedestrian and bicycle
traffic. The most important public improvements in this sub-area relate to pedestrian and
bicycle safety. The public right-of--way; should be maintained and expanded for public
use whenever possible
There are locations throughout the sub-area that have the potential to accommodate
small residential/lodging infill development. A number of the parcels identified: for infill
development are now used for surface parking. A key objective for any infill
development is to replace existing surface parking with buildings and landscape/site
improvements. The parking lost by the development of the site, as well as the new
parking required for the additional development must be accommodated on site.
With the exception of one parcel, there are no significant development rights remaining
in this sub-area. Existing development levels range from 22 to 80 units per acre with an
average GRFAR of .92. The likelihood of an infill development proposal being approved
will be based on the project's ability to satisfy the goals, objectives and policies of this
plan and other zoning and development standards. Development or redevelopment of
this sub area will attract additional traffic and population into this area and may have
significant impacts upon portions of sub-areas 6 and 10.
#7-2 Tivoli Lodqe Infill (Complete)
Small lodging infill over parking area off of the existing lodge. Mass of building to "step
down" from existing structure. A key issue related to this potential development is
accommodating on-site parking for new demand created and the spaces lost by the infill
of the existing lot.
Title 12, Vail Zoning Regulations, Vail Town Code
Chapter 12-1, Title, Purpose And Applicability (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
hea/th, safety, mora/s, and general we/fare of the Town, and to promote the
coordinated and harmonious deve/opment of the Town in a manner that will
conserve and enhance its natura/ environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide
facilities.
for adequate light, air, sanitation, drainage, and public
2. To secure safety from fire, panic, f/ood, ava/anche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to /essen congestion in the streets.
4. To promote adequate and appropriately located off-street parking
loading facilities.
5. To conserve and maintain established community qualities
and
and
economic values.
6. To encourage a harmonious, convenient, workab/e re/ationship among
land uses, consistent with Municipa/ deve/opment objectives.
7. To prevent excessive population densities and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirab/e natura/ features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viab/e
community.
ARTICLE 12-9A: SPECIAL DEVELOPMENT (SDD) DISTRICT (in part)
12-9A-1: PURPOSE:
The purpose of the Specia/ Deve/opment District is to encourage f/exibility and
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creativity in the deve/opment of /and in order to promote its most appropriate use;
to improve the design character and quality of the new deve/opment with the
Town; to facilitate the adequate and economical provision of streets and utilities;
to preserve the natura/ and scenic features of open space areas; and to further
the overall goa/s of the community as stated in the Vail Comprehensive P/an. An
approved deve/opment plan for a Specia/ Deve/opment District, in conjunction
with the property's underlying zone district, shall establish the requirements for
guiding deve/opment and uses of property included in the Specia/ Deve/opment
District. The Specia/ Deve/opment District does not apply to and is not availab/e
in the following zone districts: Hillside Residential, Sing/e-Family, Duplex,
Primary/Secondary. The e/ements of the deve/opment plan shall be as outlined in
Section 12-9A-6 of this Article.
12-9A-9: DEVELOPMENT STANDARDS:
Deve/opment standards including /ot area, site dimensions, setbacks, height,
density control, site coverages, landscaping and parking shall be determined by
the Town Council as part of the approved deve/opment plan with consideration of
the recommendations of the P/anning and Environmenta/ Commission. Before
the Town Council approves deve/opment standards that deviate from the
underlying zone district, it should be determined that such deviation provides
benefits to the Town that outweigh the adverse effects of such deviation. This
determination is to be made based on evaluation of the proposed special
deve/opment district's compliance with the design criteria outlined in Section 12-
9A-8 of this Article.
12-9A-10: AMENDMENT PROCEDURES:
B. Major Amendments:
1. Requests for major amendments to an approved specia/ deve/opment
district shall be reviewed in accordance with the procedures described in
Section 12-9A-4 of this Article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the
proposed amendment shall be made to owners of all property adjacent to
the property requesting the proposed amendment, owners of all property
adjacent to the specia/ deve/opment district, and owners of all property
within the specia/ deve/opment district that may be affected by the
proposed amendment (as determined by the Department of Community
Deve/opment). Notification procedures shall be as outlined in subsection
12-3-6C of this Tit/e.
VII. REVIEW CRITERIA
The Vail Town Code provides nine design criteria, which shall be used as the principal
criteria in evaluating the merits of the proposed major amendment to a Special
Development District. It shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each of the following
standards, or demonstrate that one or more of them is not applicable, or that a practical
solution consistent with the public interest has been achieved.
��
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Staff believes that this application is compatible and sensitive to the immediate
environment, neighborhoods and adjacent properties, as the design of the
building will not change with this proposal.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Staff believes that the proposed addition of one accommodation unit provides a
compatible, efficient and workable relationship with surrounding uses and
activities. There is a need for more hot beds in this neighborhood, and this
addition will help supply this need. The addition of a hotel room improves the
workable relationship between this building, surrounding buildings, and the
nearby ski mountain. The neighborhood has similar uses and density, which is
compatible with the Tivoli Lodge.
C. Compliance with parking and loading requirements as outlined in Chapter
12-10, Vail Town Code.
At the establishment of this SDD, a reduction in parking was provided, allowing
40 spaces instead of 48 spaces as required by Chapter 12-10, Vail Town Code.
Typically, when changes of use applications come in, parking is assessed for the
change in use and not for the entire project. The former use of ineeting space
required 1 space per 330 square feet of seating area, or approximately 2 spaces.
The accommodation unit requires 0.7 parking spaces. Therefore, there is a
decrease in required parking, per Chapter 12-10, Vail Town Code. There is also
a decrease in the deviation between required parking and the SDD parking
spaces.
D. Conformity with the applicable elements of the Vail Comprehensive Plan
and Town policies.
Staff believes that this application complies with applicable elements of the Vail
Comprehensive Plan and Town policies. Specifically, the application complies
with the Vail Village Master Plan, as "the deve/opment of short term
accommodation units is strongly encouraged." Further, this application meets
the goals of the Vail Land Use Plan, including accommodating "most of the
additiona/ growth in existing deve/oped areas (infill areas)." The Vail Land Use
Plan also calls for hotels to be located in Vail Village and Lionshead, which this
application continues to do. Because this proposal is a conversion of commercial
uses, no mitigation of employee housing is required. Staff believes that no
further mitigation of development impacts should be required for this application
because of the positive impacts of increased AU in Vail Village.
E. Identification and mitigation of natural and/or geologic hazards that affect
the property on which the special development district is proposed.
Staff believes that the proposal is in compliance with this criteria, as there are no
natural or geologic hazards that need to be mitigated.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to
natural features, vegetation and overall aesthetic quality of the community.
Staff believes that this proposal is in compliance with this criteria, as there are no
changes to site plan, building design and location, all of which already comply
with the criteria.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
Staff believes that this proposal complies with this criteria, as the circulation
system that is designed for both vehicles and pedestrians will not be effected.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Staff believes that this application complies with this criteria, as landscaping and
open space, both of which are not affected by this application, are already
optimizing and preserving natural features, recreation, views and functions.
Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
Staff believes that this criteria is not applicable, as there is no phasing plan or
subdivision plan to be enacted as part of this project.
VIII. STAFF RECOMMENDATION
Staff recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council for the applicant's request for a
major amendment to a Special Development District, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to amend Special Development District No.
37, Tivoli Lodge, to add one accommodation unit and remove meeting space, located at
386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5t" Filing, and setting forth details
in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to forward a
recommendation for approval, with conditions, for this major amendment to a special
development district, the Department of Community Development recommends the
Commission pass the following motion:
"Based upon the review of the criteria described in Section Vll of the Staff
memorandum to the P/anning and Environmenta/ Commission dated April 26,
2010, and evidence and testimony presented at this hearing, the P/anning and
Environmenta/ Commission forwards a recommendation of approval, with
conditions, to the Vail Town Council for the applicanYs request for a major
amendment to a Specia/ Deve/opment District, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to amend Specia/ Deve/opment
�l
District No. 37, Tivoli Lodge, to add one accommodation unit and remove
meeting space, located at 386 Hanson Ranch Road/ Lot E, B/ock 2, Vail Village
5t" Filing, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission forward a recommendation of
approval of this application, the Community Development Department recommends the
Planning and Environmental Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of this Staff
memorandum to the P/anning and Environmenta/ Commission dated April 26,
2010, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
1. That the proposed major amendment to Specia/ Deve/opment District No. 37,
Tivoli Lodge, complies with the nine design criteria outlined in Section 12-9A-
8, Vail Town Code.
2. That the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented, that any adverse effects
of the requested deviations from the deve/opment standards of the underlying
zoning are outweighed by the public benefits provided.
3. That the request is consistent with the deve/opment goa/s and objectives of
the Town. "
IX. ATTACHMENTS
A. Vicinity Map
B. Ordinance No. 12, Series of 2003
C. Draft Ordinance No. 7, Series of 2010
D. Architectural Plans
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ORDINANCE NO. 12
Series of 2003
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI
LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER
9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD)
District, Town Code of Vail establishes a procedure for establishing special development
districts; and
WHEREAS, Robert & Diane Lazier have submitted an application to the Town of Vail
Community Development Department to establish Special Development District No. 37, Tivoti
Lodge, to facilitate the redevelopment of an existing lodge; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on April 28, 2003, on the application to establish Special Development District
No. 37, Tivoli Lodge, in accordance with the provisions of the Town Code of Vail; and
WHEREAS, upon due consideration, the Planning and Environmental Commission of
the Town of Vail finds that the request complies with the design criteria prescribed in the Title
12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town
of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
forwarded a recommendation of approval by a vote of 6-1 (Lamb Opposed) of this request to
the Vail Town Council; and
WHEREAS, the Vail Town Council finds that that the request to establish Special
Development District No. 37, Tivoli Lodge, complies with the design criteria prescribed in the
Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable
Ordinance No. 12, Series 2003
• • •
relationship among land uses consistent with municipal development objectives; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt Ordinance No. 12, Series of 2003, and establish a new special
development district in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 37, Tivoli Lodge, is established for development on
two parcels of land, legally described as Lot E, Block 2, Vail Village 5`h Filing, and Lot 3,
First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet
(0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred
to as "SDD No. 37". Special Development District No 37 shall be reflected as such on
the Official Zoning Map of the Town of Vail. The underlying zoning for Special
Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District
(Lot E, Block 2, Vail Village 5th Filing) and Parking (P) District (Lot 3, First Amendment,
Vail Village 5th Filing).
Section 2. Special Development District No. 37, Tivoli Lodge, Approved
Development Plan
An approved development plan is the principat document in guiding the development,
uses and activities of a special development district. The Vail Town Council finds that
the Approved Development Plan for Special Development District No. 37, Tivoli Lodge,
complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the
Town Code of Vail. The Approved Development Plan for Special Development District
No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with
Ordinance No. 12, Series 2003 2
• • •
Section 12-9A-5 of the Town Code of Vail and those plans prepared by Resort Design
Associates International, entitled "Tivoli Lodqe Approved Development Plan Office
C_,0��, dated May 15, 2003.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby approved by the Vail Town Council. These
standards are incorporated in the Approved Development Plan to protect the integrity of
the development of Special Development District No. 37, Tivoli Lodge. The
development standards for Special Development District No. 37, Tivoli Lodge are
described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional,
and accessory uses allowed in Special Development District No. 37, Tivoli
Lodge, shall be those uses listed in Sections 12-7A-2, 12-7A-3, and 12-7A-4 of
the Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 37,
Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres).
C. Setbacks: The minimum setbacks for Special Development District No.
37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 37, Tivoli Lodge shall be fifty-six feet (56'), and as indicated on the
Tivoli Lodge Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
Ordinance No. 12, Series 2003 3
• • •
(GRFA) for Special Development District No. 37, Tivoli Lodge, shall be 27,010.5
square feet and the maximum allowable density shall be one (1) dwelling unit,
sixty-one (61) accommodation units, and one (1) Type III Employee Housing
Unit, and as indicated on the Tivoli Lodge Approved Development Plan, dated
May 15, 2003. Said Gross Residential Floor Area (GRFA) shall be allocated as
follows:
F
G.
H
• Accommodation Units (61) -
• Dwelling Unit (1) -
• Type III Empfoyee Housing Unit (1) -
Total
23,560.0 square feet
3,000.5 square feet
450.0 square feet
27,010.5 square feet
Site Coverage: The maximum allowable site coverage shall be sixty-
three percent (63%) of the total lot area, and as indicated on the Tivoli
Lodge Approved Development Plan, described in Section 2 herein.
Landscaping and Site Development: At least thirty percent (30%) or
5,312 square feet of the total lot area shall be landscaped. In no instance
shall the hardscaped areas of the development site exceed twenty
percent (20%) of the minimum landscaped area. The landscaping and
site development shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
Parking and Loading: The minimum number of off-street parking spaces
shall be forty (40) and the minimum number of loading and delivery bays
shall be one (1), and as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
Ordinance No. 12, Series 2003 4
• • •
Section 4. Conditions of Approval
The Developer, agrees to comply to the following conditions of approval, which shall be
part of the Town's approval of the establishment of Special Development District No. 37,
Tivoli Lodge:
1. That the Developer provides deed-restricted housing that complies with the Town of
Vail Employee Housing requirements (Chapter 12-13) for a minimum of one (1)
employee on the Tivoli Lodge development site, and that said deed-restricted
employee housing shall be made available for occupancy, and that the deed
restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to
issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge. The required
Type III deed-restricted employee housing units shall not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership shall
transfer with the deed to the hotel property.
2. That the Developer meets with the Town staff and prepares a memorandum of
understanding outlining the responsibilities and requirements of the required off-site
improvements, prior to second reading of the ordinance approving the
establishment of Special Development District No 37, Tivoli Lodge. This
memorandum of understanding shall include, but not be limited to, all streetscape
improvements along Vail Valley Drive and Hanson Ranch Road, in accordance with
the Town of Vail Streetscape Master Plan.
3. That the Developer submits a final exterior building materials list, typical wall
section, architectural specifications, and a complete color rendering for review and
approval of the Design Review Board, prior to submitting a building permit
application to the Town of Vail Community Developmen# Department..
4. That the Developer submits a comprehensive sign program proposal for the Tivoli
Lodge for review and approval by the Design Review Board, prior to the issuance of
a Temporary Certificate of Occupancy for the project.
Ordinance No. 12, Series 2003 5
�
• •
5. That the Developer submits a rooftop mechanical equipment ptan for review and
approval by the Design Review Board prior to submitting a building permit
application to the Town of Vail Community Development Department. All rooftop
mechanical equipment shall be incorporated into the overall design of the hotel and
enclosed and visually screened from public view.
6. That the Developer posts a bond to provide financial security for the 150% of the
total cost of the required off-site public improvements. The bond shall be in place
with the Town prior to the issuance of a temporary certificate of occupancy.
7. That the Developer complies with all fire department staging and access
requirements pursuant to Title 14, Development Standards, Vail Town Code. This
will be demonstrated on a Construction Staging plan for Town review and approval
prior to submitting a building permit application to the Town of Vail Community
Development Department.
8. That the Developer submits a written letter of approval from the utility companies
permitting encroachments into the platted utility easements prior to submitting a
building permit application to the Town of Vail Community Development Department
for this project.
9. That the Developer provides a 6 ft. to 8 ft. heated concrete unit paver pedestrian
walkway from the intersection of Vail Valley Drive, north the intersection of Vail
Valley Drive and Hanson Ranch Road, then west to the westernmost property line
of Tract A, Vail Village Fifth Filing. All work related to providing these improvements
including street lights, retaining walls, utility relocation, curb and gutter, drainage
and landscaping shall be included. A plan shall be submitted for review and
approval by the Town and the Design Review Board prior to submittal of a building
permit. The applicants shall submit civil drawings depicting said off-site
improvements to the Town of Vail Community Development Department for review
and approval prior to the issuance of a building permit for this project.
Ordinance No. 12, Series 2003 6
�
• •
10. That the Developer shall prepare and submit ail applicable roadway and drainage
easements for dedication to the Town for review and approval by the Town
Attorney. All easements shall be recorded with the Eagle County Clerk and
Recorder's Office prior to issuance of a Temporary Certificate of Occupancy.
11. That the Developer shall be assessed an impact fee of $5,000 for the net increase
in p.m. tra�c generation as determined by the Town of Vail Public Works
Department, as addressed in attachment F of the memorandum to the Planning and
Environmental Commission, dated April 28, 2003.
12. That the Developer shall provide detailed civil plans, profiles, details, limits of
disturbance and construction fence for review and civil approval by the Department
of Public Works, prior to submittal of a building permit.
13. That the approval of the conditionaf use permits is not valid unless an ordinance
approving the associated special development district amendment request is
approved on second reading.
14. That the Developer shall commence initial construction of the Tivoli Lodge within
three years from the time of its final approval at second reading of the ordinance
establishing Special Development District No. 37, and continue diligently toward the
completion of the project. {f the Developer does not begin and diligently work toward
the completion of the special development district or any stage of the special
development district within the time limits imposed, the approval of said special
development district shall be void. The Planning and Environmental Commission
and Town Council shall review the special development district upon submittal of an
application to reestablish the special development district following the procedures
outlined in Section 12-9A-4, Vail Town Code.
15. That the Developerte revises the proposed landscape plan to increase the amount
of softscape area on the development site prior to submitting the plans to the
Design Review Board for final review. The revised landscape plan shall be
Ordinance No. 12, Series 2003 7
•
• •
reviewed and approved by the Design Review Board. In no instance, however, shall
the amount of softscape area decrease below 80% of the total landscape area
requirement.
16. That the Developer submits a tree protection plan prepared by a Certified
Consulting Arborist to the Design Review Board for review and approval p�ior to
final approval by the Board of the proposed project. Upon acceptance of the tree
protection by the Design Review Board, the Developer shall submit a written
agreement befinreen the applicants and their contractor, to the Town of Vail
Community Development, stating that all mitigation measures recommended by the
Certified Consulting Arborist will be implemented and strictly adhered to by the
applicants and their contractors throughout the duration of the construction process.
The written agreement shall be approved and accepted prior to the issuance of a
building permit for this project.
17. That the Developer addresses the written final comments of the Town of Vail Public
Works Department outlined in the memorandum to George Ruther from the Town of
Vail Public Works Department, dated April 24, 2003, prior to submitting an
application to the Town of Vail Community Department for the issuance of a building
permit for this project.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Vail Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and wetfare of the Town of Vail
Ordinance No. 12, Series 2003 8
• • !
and the inhabitants thereof. The Council's finding, determination and declaration is
based upon the review of the criteria prescribed by the Town Code of Vail and the
evidence and testimony presented in consideration of this ordinance.
Section 7. The amendment of any provision of the Town Code of Vail as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20�' day of May, 2003 and a
public hearing for second reading of this Ordinance set for the 3�d day of June, 2003, in
the Council Chambers of the Vail Municipal Building, Vail, Cotorado.
'
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3�d day of
Ordinance No. l2, Series 2003 9
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June, 2003.
�� � Of �'�/� �
SFAL
�,;,C'�� f��`��',� Ludwig Kurz, ayor
ATTE : °
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elei onaidson, Town Clerk
Ordinance No. 12, Series 2003 � 0
�
Attachment C
DRAFT
ORDINANCE NO. 7
SERIES OF 2010
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 12, SERIES OF 2003,
AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY
CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI
LODGE, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN
ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON
RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District
No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier;
and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No.
12, Series of 2003, to amend the Approved Development Plan and density control
requirements, to allow for the conversion of ineeting space to an additional accommodation unit;
and
WHEREAS, the proposed major amendment to the Special Development District is in
the best interest of the town as it meets the Town's development objectives as identified in the
Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning and Environmental Commission held a public hearing on April 26, 2010 on the major
amendment application and has submitted its recommendation of approval, with conditions, to
the Vail Town Council by a vote of ; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
Ordinance No. 7, Series of 2010
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to amend Special Development District No. 37, Tivoli Lodge.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Purpose of the Ordinance
Ordinance No. 12, Series of 2003, is hereby repealed and re-enacted by Ordinance
No. 7, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 12-9A of the Vail Town Code have
been fulfilled, and the Town Council has received the recommendations of the
Planning and Environmental Commission for an amendment to the Development
Plan and density control requirements for Special Development District No. 37,
Tivoli Lodge.
Section 3. Special Development District No. 37, Tivoli Lodge, shall read as follows:
Section 1. Special Development District No. 37 Established
Special Development District No. 37, Tivoli Lodge, is established for development
on two parcels of land, legally described as Lot E, Block 2, Vail Village 5�h Filing,
and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of
22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said
parcels may be referred to as "SDD No. 37". Special Development District No 37
shall be reflected as such on the Official Zoning Map of the Town of Vail. The
underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be
Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5�h Filing) and
Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing).
Section 2. Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district. The Vail Town
Ordinance No. 7, Series of 2010 2
Council finds that the Approved Development Plan for Special Development District
No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections
12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan
for Special Development District No. 37, Tivoli Lodge, shall be comprised of
materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail
and those plans prepared by Resort Design Associates International, entitled
"Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2
herein, the following development standards are hereby approved by the Vail
Town Council. These standards are incorporated in the Approved Development
Plan to protect the integrity of the development of Special Development District
No. 37, Tivoli Lodge. The development standards for Special Development
District No. 37, Tivoli Lodge are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and
accessory uses allowed in Special Development District No. 37, Tivoli Lodge,
shall be those uses listed in Sections 12-7A-2, 12-7A-3, and 12-7A-4 of the
Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 37,
Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 37,
Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 37, Tivoli Lodge shall be fifty-six feet (56'), and as indicated on
the Tivoli Lodge Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 37, Tivoli Lodge, shall be
27,901.5 square feet and the maximum allowable density shall be one (1)
dwelling unit, sixty-two (62) accommodation units, and one (1) Type III
Employee Housing Unit, and as indicated on the Tivoli Lodge Approved
Ordinance No. 7, Series of 2010 3
a. Accommodation Units (62): 24,451 square feet
b. Dwelling Unit (1): 3,000.5 square feet
c. Type III Employee Housing Unit (1): 450.0 square feet
F. Site Coverage: The maximum allowable site coverage shall be sixty-three
percent (63%) of the total lot area, and as indicated on the Tivoli Lodge
Approved Development Plan, described in Section 2 herein.
G. Landscaping and Site Development: At least thirty percent (30%) or 5,312
square feet of the total lot area shall be landscaped. In no instance shall the
hardscaped areas of the development site exceed twenty percent (20%) of
the minimum landscaped area. The landscaping and site development shall
be as indicated on the Tivoli Lodge Approved Development Plan, described
in Section 2 herein.
H. Parking and Loading: The minimum number of off-street parking spaces shall
be forty (40) and the minimum number of loading and delivery bays shall be
one (1), and as indicated on the Tivoli Lodge Approved Development Plan,
described in Section 2 herein.
Section 4. Conditions of Approval
The conditions of approval required as part of Ordinance No. 12, Series of 2010,
have been met. Specifically, the condition that the Developer provides deed-
restricted housing that complies with the Town of Vail Employee Housing
requirements (Chapter 12-13) for a minimum of one (1) employee on the Tivoli
Lodge development site, and that said deed-restricted employee housing shall be
made available for occupancy, and that the deed restrictions shall be recorded
with the Eagle County Clerk & Recorder, prior to issuance of a Temporary
Certificate of Occupancy for the Tivoli Lodge were met. The required deed-
restricted employee housing units shall not be eligible for resale and the units
shall be owned and operated by the hotel and said ownership shall transfer with
the deed to the hotel property. No other conditions shall be required as part of
the amendments within Ordinance No. 7, Series of 2010.
Ordinance No. 7, Series of 2010 4
Section 5. Amendments
Any amendments to Special Development District No. 37 shall follow the
procedures and regulations outlined in Article 12-9A, Vail Town Code.
Section 6. Time Requirements
SDD No. 37 shall be governed by the procedures outlined in Article 12-9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the major
amendment within Ordinance No. 7, Series of 2010 not commence within three
years of the adoption of Ordinance No. 7, Series of 2010, Ordinance No. 7,
Series of 2010 will be void, thus reinstating Ordinance No. 12, Series of 2003.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
Ordinance No. 7, Series of 2010 5
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18t" day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 1St day of June, 2010, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 7, Series of 2010 6
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at
765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. (PEC100016)
Applicant: Nancy Adam
Planner: Bill Gibson
I. SUMMARY
The applicant, Nancy Adam, is requesting a conditional use permit to allow for a new
bed and breakfast at 765 Forest Road. Based upon Staff's review of the criteria outlined
in Sections VII of this memorandum and the evidence and testimony presented, the Staff
recommends the Planning and Environmental Commission approves this request
subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Nancy Adam, is proposing a bed and breakfast use in the primary unit
(Unit A) of the two-family residence located at 765 Forest Road. The applicant is
proposing to operate a three-bedroom bed and breakfast with a maximum occupancy of
10 guests. The applicant is proposing to operate the bed and breakfast in accordance
with the standards outlined in Section 12-14-18, Bed and Breakfast Operations, Vail
Town Code. The applicant describes the operation of the proposed bed and breakfast in
greater detail in her attached request.
Sarah Baker, on behalf of neighbors Cliff and Bonne Illig, 796 and 798 Forest Road,
submitted a letter dated April 21, 2010, outlining their concerns about the proposed bed
and breakfast. The applicant responded to Ms. Baker's letter with additional details
about the proposed operation of the bed and breakfast in a letter dated April 21, 2010.
Please note that Ms. Baker's letter references protective covenants for the Vail Village
6t" Filing. Staff and the Town Attorney have clarified with Ms. Baker that the Town of
Vail does not regulate, interpret, enforce, or resolve disputes concerning private
covenants or other similar civil agreements. Any issues related to these covenants are
not germane to the Town's review this conditional use permit application.
A vicinity map (Attachment A), the applicant's request (Attachment B), a partial copy of
the 1999/2000 approved site plan for the subject property (Attachment C), a letter from
Sarah Baker dated April 21, 2010, (Attachment D), and a letter from the applicant dated
April 21, 2010, (Attachment E) have been attached for reference.
III. BACKGROUND
The subject property was part of the original Town of Vail established in 1966. The
existing structure was constructed in 1967. The existing structure has been remodeled
several times. The most recent remodel occurred in 1999/2000.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT
Section 12-6D-1: Purpose:
The two-family primary/secondary residentia/ district is intended to provide sites for
sing/e-family residential uses or two-family residential uses in which one unit is a/arger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be /ocated in the same zone district. The two-
family primary/secondary residentia/ district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with sing/e-family and two-
family occupancy, and to maintain the desirab/e residential qualities of such sites by
establishing appropriate site deve/opment standards.
CHAPTER 12-14: SUPPLEMENTAL REGULATIONS (in part)
Section 12-14-18: Bed and Breakfast Operations: (in part)
A. Definition: See section 12-2-2 of this tit/e for definition of "bed and breakfast".
B. Location and Criteria: Bed and breakfast operations may be allowed as a conditional
use in those zone districts as specified in this tit/e. If permitted as a conditional use
pursuant to chapter 16 of this tit/e, bed and breakfast operations shall be subject to the
following requirements:
1. Off street designated parking shall be required as follows: one space for the
owner/proprietor plus one space for the first bedroom rented plus one-ha/f ('/2)
space for each additiona/ bedroom rented.
2. Enclosed trash facilities and regular garbage remova/ service shall be
provided.
3. Remova/ of /andscaping for the provision of additional parking is strongly
discouraged.
4. Each bed and breakfast shall be allowed one residential "nameplate" sign as
defined and regulated by the town sign code'.
5. /f a bed and breakfast operation shall use property or facilities owned in
common or jointly with other property owners such as parking spaces or a
driveway in duplex subdivision, by way of example, and not limitation, the written
approva/ of the other property owner, owners, or applicab/e owners' association
shall be required to be submitted with the application for a conditional use permit.
2
6. A bed and breakfast operation may short term rent separately up to three (3)
bedrooms or a maximum square footage of nine hundred (900) square feet of the
dwelling unit. Bed and breakfast operations shall only be permitted to
accommodate a"family" as defined in section 12-2-2 of this tit/e.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the f/exibility necessary to achieve the objectives of this tit/e, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusua/ or special characteristics, conditional uses require review so
that they may be /ocated properly with respect to the purposes of this tit/e and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious deve/opment between
conditional uses and surrounding properties in the Town at /arge. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the /ocation and operation of the
conditional uses will be in accordance with the deve/opment objectives of the Town and
will not be detrimenta/ to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
A. Factors Enumerated: Before acting on a conditional use permit application, the
planning and environmental commission shall consider the following factors with respect
to the proposed use:
1. Re/ationship and impact of the use on deve/opment objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in re/ation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicab/e to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this tit/e.
V. SURROUNDING LAND USES AND ZONING
Current Land Uses Zoninq
North: Gore Creek Stream Tract Natural Area Preservation
South: Residential Two-Family Primary/Secondary
East: Residential Two-Family Primary/Secondary
West: Gore Creek Stream Tract Natural Area Preservation
VI. ZONING ANALYSIS
Address: 765 Forest Road
Legal Description: Lot 8, Block 2, Vail Village Filing 6
Zoning: Two-Family Primary/Secondary District
3
VII.
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Residence
Geological Hazards: Gore Creek 100-Year Flood Plain
Site Standards
Bedrooms Rented
GRFA Rented:
Parking (min):
Allowed/Required
3 bedrooms (max)
900 sq.ft. (max)
3 spaces
Proposed
3 bedrooms
705 sq.ft.
3 spaces (existing)
The applicant is not proposing any construction with this conditional use permit
application. There will be no changes to the Lot Area/Site Dimension, Setbacks, Height,
Density Control, Site Coverage, Landscaping and Site Development standards.
CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Bed and breakfast uses are allowed in the Two-Family Primary/Secondary District
subject to the issuance of a conditional use permit. There are no additions or
renovations to the existing two-family residence associated with this conditional use
permit request. The applicant is proposing to operate the bed and breakfast in
accordance with the requirements for Section 12-14-18, Bed and Breakfast Operations,
Vail Town Code. Therefore, Staff believes this proposal is consistent with the
development objectives of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect light or air, distribution of population,
transportation, facilities, utilities, schools, parks and recreation facilities, or other public
facility needs in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The Town's bed and breakfast standards
require one parking space for the owner/proprietor, one space for the first bedroom
rented, and one-half ('/2) a space for the two additional bedrooms rented, for a total of
three required parking spaces. There are 5 existing approved parking spaces on the
subject property. Two spaces within the existing garage and three within the existing
0
horseshoe driveway based upon the 1999/2000 remodel approved site plan. In practice,
two additional vehicles might be accommodated in the driveway at the front of the
garage. However, while not located within the actual street, much of this area is located
with the Town's street right-of-way property. Therefore, the driveway area in front of the
garage could not be counted toward the "required parking" calculation for the1999/2000
remodel or this bed and breakfast conditional use permit application.
The applicant is proposing to operate the bed and breakfast in accordance with the
requirements for Section 12-14-18, Bed and Breakfast Operations, Vail Town Code.
Therefore, Staff does not believe the proposed bed and breakfast will negatively affect
traffic with particular reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access, maneuverability, or removal of snow from
the street and parking areas in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect the character of the area in which the proposed
use is to be located, including the scale and bulk of the proposed use in relation to
surrounding uses, in comparison to existing conditions.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves this request for the review of a conditional use permit, pursuant
to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast,
located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission pass the following motion:
"The P/anning and Environmenta/ Commission approves this request for a
conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town
Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8,
B/ock 2, Vail Village Filing 6, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of this Staff
memorandum to the P/anning and Environmenta/ Commission dated April 26,
2010, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
5
The proposed conditional use permit amendment is in accordance with the
purposes of the Zoning Regulations and the Two-Family Primary/Secondary
District.
2. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimenta/ to the public hea/th, safety, or
we/fare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicab/e
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Archived 1999 Approved Site Plan
D. Sarah Baker letter dated 4/21/10
E. Applicant letter dated 4/21/10
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Attachment B
Nancy Adam
d/b/a Nancy's Nest
765 Forest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVaiI�aoLcom
March 25, 2010
Re: Conditional Use Pennit Application for Bed and Breakfast
To Town of Vail Planning and Environmental Commission
p ���a��
MaR z h lo�o
T�WN OF VAIL
The purpose of this application is to obtain approval for a conditional use permit to
accommodate guests in up to three (3) bedrooms in my residence located at 765 Forest
Road, Unit A, Vail, Colorado as a bed and breakfast business under the name of
"Nancy's Nest" pursuant to §12-14-18 of the Town of Vail Code.
I am the sole owner of the property so no Joint Property Owner Approval Letter is
necessary. A copy of Stewart Title Insurance Company Title Insurance Policy No.
98016554-C6 issued October 6, 1998, including Schedules A and B, is submitted with
this application to confirm ownership of the property.
I built my residence in 2000. Unit A is the primary unit consisting of approximately
5,000 square feet with 5 bedrooms and 6'/z bathrooms. The secondary unit is a one
bedroom, one bathroom unit that is rented on an annual basis to a local couple who live
and work year round in Vail (construction and at ls` Bank).
The home has a two (2) car attached garage. The driveway provides off-street parking
for 5 additional vehicles. Snow storage is not an issue since the driveway has a snowmelt
system.
There is an attached and enclosed trash facility with weekly garbage removal contracted
with Vail Honeywagon.
The use of my residence as a bed and breakfast operation is allowed as a conditional use
under the Code of the Town of Vail. The use is consistent with the short term rental of
many of the properties on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two entrance driveway will provide off-
street parking for the needs of the guests.
The location of my residence on Forest Road provides walking access to the ski mountain
so there will be no additional demand on the public parking garages. It is a short walk to
the bus stop at the Vail Marriot to facilitate transportation around town or to the
transportation center.
1
Submitted with this application is a list identifying the adjacent property owners by name,
address, mailing address and legal description, along with stamped and addressed
envelopes to these property owners.
Please charge the $650 application fee to my VISA account number which I will provide
by separate letter.
Please let me know if you require additional information.
Thank you,
� � �.l�C.�(.C',G' �.��;�,y� ��� L C'�?LC `�
Nancy Adam,�wner
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Pla�lg and En�riroiunental Coininission
Tc>��-n c>f ���il
7� Soudi Frontage Road l�'est
����11, C�OIOY�C�O �16J%
RE: Application No. PEC100016
Application byNancyAdam for Conditional Use PermitApplication for
Bed and Breakfast
D2c'LY C�O1TliTliSS10L12YS:
This letter is subinitted on behalf of m�� clients, Cliff and Bo�ue Illig, die o���ners of 796
and 798 Forest Road. Cliff and Bo�ue li�re across Forest Road from Nancy Adam's residence.
In die application before ��ou, �Is. �dain seeks ��our appro��al of a conditioual use perinit to
operate a bed and breakfast busuiess accoininodating guests ui up to d�ee (3) bedrooins ui her
hoine at 76� Forest Road. Because die unpacts of die proposed use ���ill be ulcoinpatible and
u�harinonious «�ith die neighborhood and with the purposes of the Town's zoning regulations ul
a inamler diat is ulcapable of initigation, on behalf of die Illigs, I request diat ��ou den�� 1Is.
Adam's application.
THE APPLICATION
1Is. �dain is die o���ner of a si�� (6) bedrooin, se�ren and a half (7.�) badi suigle-fainil��
residence backulg to Gore Creek just uphill of ���here Forest Road and die Soudi Frontage Road
uitersect. �Is. �dain occupies die inaui portion of die hoine, and she rents a one (1) bedrooin,
one (1) bad�ooin wlit to a local couple. It appears diat d�ee people currenfl�� occup�� die hoine
as dieir fizll-tiine residence, and ���ould contiuue to do so if die application is appro�red.
In addition to die e�istulg use, �Is. �dain seeks ��our appro��al to operate a d�ee (3)
bedroom bed and breakfast, "Nancy's Nest" in the home. No details of die operating
characteristics of die proposed busuless are pro��ided ul die application.
VAIL TOWN CODE CRITERIA
1Is. Adam's home is ul die T���o-Fainil�� Prunar��/Secondar�� Residential (PS) District In
accordance ��-idi �j 1?-6D-3 of die To���n Code of die To���n of ��ail (" VTC'), bed and breakfast
uses are perinitted ��-id�i die PS district, subject to issuance of a conditional use perinit.
Sai<�hJ. Bal�er P.C.
P.O. Boi �25, 191� Beard Creek Ti<ul, Ed��ards, Colorado 51632 t: (970) 306-�2�2 f: (S66) 597-�523
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
Page ?
��'I'C �j 1?-16-1 recog�es diat, because of dieir unusual or special characteristics,
conditional uses inust be located appropriatel�� d�oughout die ��ail coininwlitt� ui order to
ensure diat die proposed use is coinpatible and harinonious ���idi die ��ail coininunitt�, ���idi
surroundiug properties, and ��-idi die purposes of die Town's zoning regulations. ��I'C �j 1?-16-
? sets fordi die required contents of an application for a conditioual use perinit, and ��'I'C �j 1?-
1-�-18 establishes fi�dier criteria relating to off street designated parkulg, trash facilities, si�lage,
and ina�untun square footage requireinents.
Even if Ms. Adam's application satisfies the miiiimum requirements of die ��I'C �j 1?-1-�-
18, die Plam�lg and En�riroiunental Coininission is not coinpelled to issue an appro��al of die
conditional use perinit application. ��'I'C �j 1?-1-�-18(B) provides that `Bed and breakfast
operations maybe allo���ed as a conditional use ui those zone districts..." (emphasis added).
This Coininission inust ultiinatel�� decide if dus busuless is appropriatel�� located, and if
die use is coinpatible and harinonious ��-idi die neighborhood and die To���n's character.
Because Ms. Adam's application seeks appro��al for a busuless use ��-hic1�, if appro��ed, ���ill ha��e
a detrunental effect on surroundiug properties and ���ill be ulconsistent ��-idi die neighborhood
and adjacent uses, I encourage ��ou to den�� die application.
THE APPLICATION DOES NOT SATISFY
THE CRITERIA OF THE VAIL TOWN CODE
Ms. Adam's application seeking ��our appro��al to operate a bed and breakfast busuless ul
her hoine on Forest Road fails to satisf�� die requi�einents of die ��'I'C for t«�o reasons. In
pertinent part, ��'I'C �j 1?-16-? (" �pplication; Contents") pro��ides as follo���s ��-idi respect to die
required contents of an application for a conditioual use pertnit:
�pplication for a conditioual use perinit shall be inade upon a forin pro��ided b��
die adiniiiistrator. The application shall be supported b�� doctunents, inaps,
plans, and odier inaterial contau�lg the follo���ulg uifortnation:
C. � description of die precise nat��e of die proposed use and its operating
characteristics, and ineasures proposed to inake die use coinpatible ���idi odier
properties ul die ��icuiit��.
(einphasis added).
First, as stated above, any application for a conditional use permit must contain "a
description of the precise nature of the proposed use and its operating characteristics". �Is.
Adam's application, which consists of the Town's forin Conditional LJse Perinit application and
is accompanied b�� correspondence dated �Iarch ?�, ?010 and �Iarch ?6, ?010 makes absolutel��
no inention of die operating chaxacteristics of die proposed busuless. For e�ainple:
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
Page 3
➢ l�'ill die busuiess be operated to cater special fimctions, i.e., ���edcliug receptions,
�aduations, and odier parties?
➢ ��'ill pets be �llo«-ed?
� l�'ill smokiug be perinitted ul die house? If guests ���ill be required to smoke outside, ���ill
diere be a desiguated sinokiug area, and ��-here ���ill diat be ui relation to die ��ie��� of die
neighbors and public rights of ���a��?
➢ l��iat restrictions on guest ��ehicles ���ill die busuless ha��e? l�'ill each guest rooin be
lunited to one �rehicle? l�'ill guests be allo���ed to bruig trailers or odier recreational
��ehicles? l�'ill diere be a shutfle sen�ice to and froin Eagle Countt� airport?
➢ l�'ill 1Is. �dain be staffuig die busuiess to assist ���idi cookiug, clea�ig, and odier chores
to accoininodate die ?-� hour needs of die guests, or ���ill she be perforinulg diese
acti�rities herself?
➢ l�'ill die busuiess be operated seasouall�� or ��ear-round? l�'ill 1Is. �dain be ui residence
at all tiines ���hen die busuiess is operated? Ho�v ���ill die busuiess be operated ���hen 1Is.
�dain is unable ��-hedier as a pla�ued or unpla�ued absence—to be ui residence?
Each of diese specific operatiug characteristics creates a different unpact on surroundiug
properties. Froin die uiforination a��ailable ul die application, it is not possible to e��aluate die
unpact of die proposed use because die busuiess operations are not described. For diis reason
alone, die application fails to ineet die required contents criteria of die ��'I'C and ina�� not be
appro�red at diis tiine.
Second, die ��'I'C pro�risions require diat �Is. �dain also describe ineasures proposed to
make die use compatible ��-ith odier properties ul die ��icuiit��. See ��I'C �j 1?-16-2. Ms. Adam's
1larch ?�, ?010 correspondence inakes no inention of die unpacts her proposed use ���ill ha��e
on surroundulg properties. She ���rites onl��: "The use is consistent with the short term rental of
inan�� of die properties on Forest Road, ulcludiug die tiineshaxe/ulten�al o���nerslup of die
adjacent propert�� at 7-�� Forest Road. The large, t«�o dri�re�va�� entrance dri�re������ ���ill pro��ide
off-street parking for the needs of guests." This stateinent t�zrns a bluld e��e to die unpacts of
die proposed use on her neighbors.
l��iile ��'I'C �j 1?-1-�-18(B) (1) appears to require onl�� a total of d�ee (3) off street parkulg
spaces for die proposed use,i Ms. Adam's parking plan lies at the heart of why the proposed use
is uiconsistent ���idi die neighborhood and ���ill ha�re a detrunental unpact on surroundiug
i i�ote that this requirement is actuall� less parl�ing th�u� �ti�hat is required b� ��TC j� 1?-10-10(I3) for
su�gle-f�unil� d�ti�ellings �ti�ith a gross residential floor area of 4,000 to �,�00 square feet linder the
current zoning regl�lations, the propert� is required to ha�e at least four (4) parl�ing spaces.
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
P�ge -�
properties and on die character of die neighborhood. �Is. �dain states ul her �Iarch ?�, ?010
correspondence that "The home has a two (2) car attached garage. The driveway provides off-
street parkulg for � additional vehicles."'- It is not clear froin die application ho��� diese fi�re
spaces ha��e been calculated.
In inaultau�lg die coinpatibilitt� ���idi neighborulg properties, the particular
characteristics of a site are unportant It is not enough to just ha�re die required nuinber of
spaces; it is unportant to understand ho��� diese spaces relate to die neighbors and to diose
��-itlml die public ���a��. All of Ms. Adam's parking is located just feet off Forest Road, and has
no view mitigation �whatsoever. These photographs were recently taken from my client's
dri�-e��-��-:
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'- In particular, Ms. Adam's application is not clear whether two (?) of the fi�e (�) outdoor spaces are
act��all� behind the garage spaces. �s e�idenced b� the photographs, the parl�ing is currentl� used in this
m�u�ner.
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
P�ge :i
➢�s ��ou can see, die outdoor off-street parkulg ��-here �Is. �dain proposes to park up to
fi�re (�) ��ehicles is separated froin Forest Road onl�� b�� a sinall island co��erulg onl�� about
one-half die lengdi of die dri�re ��-ith a fe��� boulders and no apparent landscapulg. LJnder
the Town's existing Development Standards, all landscapulg
slmzbs/peremlials/a�uuals/etc. inust be located a inii�nuin of fi�re feet froin die edge of
die public road, and all perinanent obstnzctions inust be located a init�nuin of ten feet
froin die edge of die public road. See ��'I'C �j 1-�-3-?, Table 3. Gi�ren bodi die site
constraults as ���ell as die e�isting ulcoinpatibilitt� ��-idi To���n De��elopinent Standards, it
is not practical to add landscapulg or ���alls to initigate die ��isual unpact of parkiug so
close to die public road.
➢ E�ren ��-ith a sinall �relucle, die parkiug area ul front of die t«�o garage doors is barel��
sufficient ui lengdi to enable die car to clear die Forest Road right of ���a��. In accordance
��-ith ��'I'C �j 1-�-3-2(F� ("Location") parking spaces "inust be entirel�� ��-itlml lot lules and
shall not encroach ulto an�� public right of ���a��. No parked ��ehicle shall o��erhang an��
public right of way." Furthermore, the Town's current De��elopinent Standards require
fi�re feet horizontal clearance bet«�een an�� parkiug space and die edge of a public street.
See ��'I'C 1-�-3-1 Table 2("Minimum Standards, Residential Access and Parking
Standards"). Clearh� e��en sinall �relucles o��erhang ulto die public right of ���a��, such diat
die areas bel�ld die garages are not legal parkulg spaces.
➢ The ��-iddi of die dmz dri�re ���ill not euable a car parked ui die iniddle of odier �rehicles
to get out without moving the other vehicles. When Nancy's Nest has a full house,
guests ���ill ha�re to ino�re dieir �relucles to accoininodate die coiniiigs and gouigs of 1Is.
�dain, her t«�o tenants, and die odier guests of die busuless. This ���ill not onl�� inake
for a bad busuiess, it ���ill generate additional �relucle ino�reinents diat ���ill unpact adjacent
properties. It is u�ealistic to dmik diat diis parkiug challenge ���ill not frequenfl�� lead to
��ehicles parked on Forest Road, unpediug traffic. ��'I'C �j 1-�-3-?(A) ("Vehicle
1laneuverability") requires diat parkulg spaces be independently accessible ("i.e., required
parkiug for 1 unit cannot block access for parking for another unit on site"). In
accordance ��-idi dus defuiition, it appears diat �Is. �dain's onl�� legal parkulg spaces are
die t«�o ui die garage and d�ee (t«�o cars nose-ui on die do���nhill side of die dri�re, to die
uphill of die garage, and one at die entrance on die uphill curb cut) ul the dri�re.
One of die criteria of appro��al of a conditional use perinit is diat die application be
consistent with the purposes of Vail's zoning regulations.� The rele��ant specific stated purposes
of die zo�lg regulations are:
➢ "To promote adequate and appropriately located off street parking..." See ��I'C
�j 1?-1-1(B)(-�).
➢ "To conserve and maintain established community qualities and economic
values." See��'I'C �j 1?-1-1(B)(�)
3 See ��TC 'S 1?-16-1.
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
Page 6
➢ "To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives." See ��I'C �j 1?-1-1(B) (6)
To���ard diese and odier ends, die To���n has enacted die regulations set fordi ui Tide 1? of die
��I'C. Tifle 1?, Chapter 10 of the Town's zoning regulations prescribes diat:
[O]ff street parking ... areas are to be designed, maintained and operated ui a
ina�uer diat ���ill ensure diei� usefi�lness, protect die public safet��, and where
auuropriate, insulate surrounding land uses from their impacts. In certaul
districts, all or a portion of die parkiug spaces prescribed b�� tlus chapter are
required to be ���idmi die inaui buildiug ui order to a�roid or to inii�nize die
adverse visual impact of large concentrations or [sic.] exposed parking. .."
See ��'I'C �j 1?-10-1 (einphasis added).
The parkulg proposed b�� �Is. �dain ���ill drainaticall�� ulcrease the ad��erse ��isual unpact
of e�posed parkulg on diis established neighborhood. Froin die public right of ���a�� and to all
adjacent propert�� o���ners who look onto Ms. Adam's property, Nancy's Nest will be a parking
lot alongside Forest Road. �s die photos demonstrate, �Is. Adam's existing parking is not
consistent ��-idi die odier dri�re���a��s along Forest Road. Odier pri�rate dri�res ha�re a inore
narro��� entrance uito die uidi�ridual lot, and parkuig is located inore distant from the road and
��isuall�� screened b�� gradiug or landscapulg from fizll �ie��� froin die public right of �va��. In
contrast, Ms. Adam's parking runs the length of her driveway and has litfle or no shieldulg from
public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and
an��one enterulg Forest Road froin die ���est entrance. The le��el of outdoor parkiug resulting
from Ms. Adam's proposed business use will adversely impact this neighborhood.
Odier than stating diat her garage and dri�re are capable of holdiug a total of se��en (7)
cars and can dierefore satisf�� "die needs of die guests", Ms. Adam's application omits any
mention of ad��erse parkulg unpacts on surroundiug properties, as diough diere ���ill be no
unpact. Fi�re �relucles parked outside� is uicoinpatible and u�harinonious ���idi die adjacent
properties ul diis preinier ��ail neighborhood.
At a minimum, Ms. Adam's application fails to meet the application requirements of
��'I'C �j 1?-16-?(C). �Iore unportanfl��, ho�ve��er, die use for ���luch 1Is. �dain seeks appro��al ���ill
necessaril�� create unpacts discordant ��-idi die characteristics of die Forest Road neighborhood
and die purposes of ��ail's zo�lg regulations. The ph��sical characteristics of die lot do not
appear to offer an�� practical initigation opporttmities to elunulate die ��isual unpacts of high
densitt� outdoor parkulg at 76� Forest Road. ��'I'C �j 1?-16-1 requires: "Where conditions
��'ith 1Is. �d�un �u�d her t�ti�o ten�u�ts occup�ing the propert�, �ti�hen the three (3) bedrooms of the bed
�u�d bre�fast are occupied, there are likel� to be sis (6) �ehicles parked at the pr<>�ert�, not including the
�ehicles of �u��one 1Is. �dam ma� hire to�help her staff Nancy's Nest for cle�u�ing, cool�ing, etc. That's a
lot of cars. If the operating characteristics of the business are such that it �ti�ill also include hosting parties
�u�d other e�ents, it is e�en more cars.
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
Page 7
camlot be de��ised to achie��e diese objecti�res, applications for conditioual use perinits shall be
denied."
THE PROPOSED USE VIOLATES THE
PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING
Nott��idistandiug die failure of die application to satisf�� die requirements of die ��'I'C,
and ���hile not a inatter e��en appropriatel�� ulterpreted by this Board, Ms. Adam's proposed
busuless use of her hoine ��iolates die land use pro��isions of die Protecti�re Co��euants of ��ail
��illage, Si��di Filulg recorded June �, 196-� ul Book 183 at Page 1, a cop�� of ��-hich is attached.
As the ALTA Owner's Policy Number 0-9701-6-�?39 ���idi an effecti�re date of October 6, 1998
subinitted b�� �Is. �dain ���idi her application identifies ui E�ception No. 9, diese co�renants
enctunber her propert��. Section ? of diese co��enants pro��ides that "[t]he numbered Lots shall
be used onl� for private residences, each to contain not more than two separate apartments"
(einphasis added).
1Is. �dain seeks a busuless use for her residence. If allowed, Ms. Adam's single-fainil��
residence ���ill accoininodate her bedrooin, a lock-off wlit for her fizll tiine tenants, and d�ee
separate guest rooins a��ailable for �hfl�� rentals. It is a business operated amidst some of Vail's
preinier residences. �bsent an ainendinent to die co�renants, die proposed use is a clear
violation of the subdivision's protective covenants to which Ms. Adam is obliged to comply.
Should �Is. �dain seek to ainend diese co�renants to pertnit die use, a clear ainendinent
procedure ���idi ���hich she ma�� compl�� is pro��ided.
In die e��ent diis Coininission deeins it appropriate to appro��e die application, I urge ��ou
to appro��e die application subject to die follo���ulg condition:
Applicant shall comply with the requirements of the Protective Covenants
of Vail Village, Sixth Filing, as the same may be applicable.
CONCLUSION
In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed
and breakfast ul die hoine she currenfl�� shaxes ��-idi anodier couple is a use diat is ulcoinpatible
���ith die character of die neighborhood. The purpose of Vail's zoning regulations is to promote
die coordivated and hartnonious de�relopinent of die To���n ui a ina�uer diat ���ill consenre and
enhance its nat�zral en�riroiunent and its established character as a resort and residential
coininwlitt� of high qualitt�. The parkulg unpacts and die potential operatiug characteristic
unpacts on die Forest Road neighborhood are se�rere. �s deinonstrated, the proposed use is not
harinonious ���idi die neighborhood. The ph��sical characteristics of die uldi�ridual site are such
diat it appears diat die kno���n unpacts are ulcapable of initigation. Because die application fails
to ineet die required criteria of die ��'I'C, and because die proposed use is uicoinpatible and
u�harinonious ���idi die ��ail coininunit��, ��-idi die use and established character of die
neighborhood, and ���idi die purposes of die ��ail zo�lg regulations, on behalf of in�� clients, I
Pla�lg and En�riroiunental Coininission
�pril ?1, ?010
P�ge 8
request diat ��ou den�� die application. Should ��ou appro��e die application ul spite of diese
unpacts, I request diat ��our appro�ral be subject to condition stated abo�re regarcliug coinpliance
��-ith die ��ail ��illage, Si��th Filulg co��euants.
� ours ��er�� tn�l��,
SARAH J. BAKER PC
� ��t � ���
Sarah J. Baker, Esq.
SJB/s«-
Enclosure
cc: Cliff and Bomle Illig
1Is. Nanc�� �dain
1lono�ain Real Estate
General Coininwlications, Inc.
Jose and Patricia 1las
-- :�� _,� i"i'�� �% 6 S--G��"� //.'/D Ii�/7'j /�°:��/
� G����v� @ �!� roAM i83 �t
/j���9 PROTECTIVE GOV�NT3
� of
VAIL VIL'l+AGL r SIXTH FILXDTG
Eagle County, Colorado
wFIIiit�AS, Vail Asexiates, I�td,, a limited partnership, 1a the ,
owner af the follawinq deacribed landss
� i� r/
A part af Yhe North ane-half of the �3orth one-half �
� of Sectio� 7, Township 5 Sauth, Range 8� West of the 8itcth
� �rincfp$1 Meridian, Coursty of Eagle, State of Colorado,�
4.�# raore particularly described as fallowsc commencing et
� the Southwest corner of saa.d Noxth one-half of the North
one-hal�#; thenee Ea�terly alo�g the South line af said
North one-haif af the North cne-hal� a distance of
351.98 feet to the true point of beginning; thence ori
an angie to the Ieft of 83°45'35" a diett�nta o� 434.8Z
feet; thence on an anqle to the right of 71°42`37" a
distaace of 66.24 feet; �hence on an angle to the ieft
of 40° and alang an extension of the Wast line of 7,ot 30,
Vail Village, Seca�d i�iling a distance of 344.72 feet
�to a point an the South right-of�way line of U.S.
�iighway Na. 6, 6aid paint also being the Northwest
corner of Lot 30, Veil viilage, Second Filingj the�te
on an angle to the right of90° and alonq the South
right-of-way line af U.S. Highway Dio, fi a dietsnce
af 50.00 feeta thence on an angle ta tha riqht of
90° a distance of 3Z5.39 feet; thence on an angle
to �he left of 75°42'37' a dietance of 208.40 ieet;.thence .
on an angle to the right of 34° a di�tance af 50.47 Eeetr
thence on an angle to the left of 1Z0° ea diatance o# 120.00
�eet� thence on an angle to the right of 79°46'S4' a
distance of 610.42 £eet; thente on an ax�gie to the right
of 30°13'D6' a distance of 26Fs.B0 feet; thence an an angle
to the right of 90° a distance o£ 130.00 feetr thente on
an angle to the left of 90° a diatante of 27Q.40 feet to
a point of curve? thence on a curve to the left having a
radius af 275.00 feet and a aentsal angle af 27° sn arc
distance of 124.59 feet to a point of tanger�t; thence on
sn angle to the right o� 90° a distance of 50.00 feet�
thence an an angle to the LePt 90° a distance of �00.00
feet to a point of cuzva. thence a].ong a curve to the
right having a radius of 125.00 feet and n central angle
of 29°23'45" an axa distance of 6a.13 feets thence an an
angle ta the left of 94° a distance af 259.20 feet to the
West corner of Lot 5, Block �, Vail Village -'1'hird Filinys
thence an sn anqle• to the right of ikQ°43'26" srid aLor�g
the 5outhwest line of said Lat 5 a distaace of Z12.75
feet tc a point on the Narthwes� liae of Lat 5� glock 2,
Vaii village - Third Fil�ngt �hence on an nngle to the
right of 90° and along a curve ta the left hnvi�g a radius
af 329.47 feet and a central angle of 11°07'll" and alor�g
said Narthwest line aa brc distance of b3.9�1 feet ta.a
paint of curveT thence an a curve ta the right having a
radiva oi 123.Z3 feet and a central angle cf 34° and along
said �iorthweat line �sn arc distance o� 73.46 feet ta �
, poi.nt of aurvel thence on a curve to the ieft .
having a�adius of 82.72 feet and a c�ntral angle o�
36° and alonq said Northwest property line a� arc
dist�nce of 51.97 feet� Che�ce on an anqle to the left
Of 90° and along a curve to the left haviag a radius
af 103.61 feet and a central angle af 22° and along
the South property line af said Lot 5 an arc distance
of 39.79 feetr thence an an angle ta the rig�t of
90° and along the West groperty line of Lot 6, Slock
1, Vail Villag� - Third Piling, a distante of 229.11
feet to a point on the South Line of the Nort� one-
half af the Nerth one half of Section 7, Tawnahip 5
south, �arige Ba West of the Sixth Principal.lK¢ridianr
thente on an aagle to tl�e right af 79°45'35' and along
said 5outh line a distanee af 1942.79 feet to the true
paint af beginning.
A�iiERF,AS. Vail Associates, LtB., hereinafter aometa.mes referred
to as pwner, desires ta place Certain restrictioas on the use of the
Slocka and Lats shown on the Map of vail village. Sixth Filing, for
the benefit of itself, and its re6pective granteea, successors and
assigns, in order to estaAlish and maintain the charseter a�d yalue of
xea1. estate in Vail Village.
NOW, THF•R.�FdRE, �.n consideralion of t2�e pxemisea. Vafl
Associatee, Ltd.� for itself and ite re6pective grar►tees, �uccessare
and assigns, daes Y�ereby impoae, establiBh� publish, aoknawledge, de-
c2are and agree with, ta and for the bersefit og a11 persons w].o niay
heseafter purchase or lease and frasn time to time ao own or hold any of
the Hlocks and Lots in Va.il Village, Sixth Filing, subject to the follora-
ing restrictions, covenanta, ar�d conditions, all of �rnich Rhel3 be
deemed to sun with the land and to inure to the k�enefit of ana be
b inding ugon the Owner, its reepective qrarsteee, snccea�sore and assigns.
1. PI,ANNiNG AND 1�1RCiiITECTLTRAL COI�ITROL COlMMITTSB.
1.1 COM[�6=S'TT�E. 7'he Planning a�d Architectural Control Corn-
mittee, hereinafter referred tc as The Cos�nittee, shall consist of
f1V2 memi�era who shall be desfqnated by Owner, its auceeasor or asaigns,
to review, study, and apprave vr reject proposed improvemenLs within the
area deseribed in the Nlap af vail Viltage, Sixth FiLing. of wiiich thege
ree�trictive covenante are made a part.
1.2 RL]LES. �'i�e Committee s2�a11 �nake such rulee and by-lawa
and adopt such procedures as �,t may deem app�opriate to govera iCs pro-
ceedis�gs. •
1.3 ApPR4VAL OF PLAN. !�o l�tailding, out building, fence,
wall or other isnprovement shall be canstructed, erected or maintained
on any Siock or Lot, nor s�all any addition t�ere to, ar aZteratian
t herein be made, ustil p�ans and specifications showing the color, lo-
cation, materials, landacaping, and such ather informati.on relating to
such impravement as the Committee may reasanahly require ahall liave
been submitted to and approved by z'he Cominittee �n writinq.
1.4 GR�TERIA. In passing uQo� such glans arxd speeifi�atfoas,
The Comcnittee shall tonsider: � '
1.4.1 the sui.tability af the improvement aad materials
of whieh it is to be constructed ta the site upoa which it is to be io-
catedF .
��
� r�
1,4.2 the nature,of adjacent and neighboring improve-
�ents; �
1.4.3 the quality of the materials to be utilized in
any propose8 i�gxovement; $nd,
I.4.4 tha effect of any propased impravement on the
mtlpok of any adj�tr�at ax aeighbqr�.rg property.
It sha1L b� an �bjective of The Comtnittiee to make cer-
tain thst no improvement aill be so aimilar or sa dissimilar to others
in the vicinity that values, manetary or aesthetic, svill be impaire8.
1. 5 $FFECT pg gHE Cp.r�.,3��'TEE � S FAILiIR$ TO ACT. In the event
Z'i�e Committee faile to agprove or disappxove plane and specificat,ioas
submitted to it r�rithin a�rty daya of subrniesion and n� suit to es►join
the aon6truction has bee� cammenced prior to the oompletion thereof,
aQQravai shall nat be rsquired and the ralated covenanta ei�all be de-
tarrnined to hav� been ful�y complied with.
2. LAND tfSS.
. The lands in Vail Village, Sixth Filiaq, s�all be used
for the follaowing Qnrposea,
2.1 7'he nwnhered Lots shall be used anly fot private
residences. eath to contain not more thaq two separate aparttne�ts.
3. EASEMENTS ]�TD RIGHTS-OF-4TAY.
3.1 Basemente and rights-of-way fcr raods, liqhting, heat-
ing, electricity, gas, telephone, water, sewe�age, Dr�dal paths, and
pedestrxas� traffic, a�ad aay other kin� ot public or quaei gublic '
utility service are reserved as ahov�m an tl�e Map of Vail village. Sixtir
Filinq. No �estce. wx�Z1, hedqe� barrier or other impravement sha11 be
erected or main�ais�ed along, an, acraes or within the area reser�ed Evr
eaaem�x��e and righta-of-�ray.
4. SIGNS.� No sigas, billboards, poster baards or advertiainq
structure of any kind shall Yae erected or mai,ntained on any lot or
structure for any purpose rrhatsoever, except such signe aa h�,ae been
ap�roved by �'he Commit�ee as reasonably necess�ry for the identification
af reeidences and places of bosines�,
5. WAT�R ADiD SSWAGE. EscY, structure des3gnad €ar accugancy �
for use by human �ei.sSg6 aha1Z cannect with the water and aewexaqe
facilities of Vail i4ster and Sanitatfoa Di.strict. Na prf�ate we11 �hall
be used as a sou�ce of water for hurnan consumgtion or irriqation in
Vail Villaqe, 5ixth Filing, nor sha11 any facflity other thaa thoae
provided by t}�e vail lifater and 5anitatia� DistriCt be used for thc
disposal of aewage, MechanicaL garbaqe disposal facilities shall be
grovided in each kitchen or food prepariag area,
6. TRASH � GARBAG�. No trash, aslles or ath�r refuse neay
be thrcwn or dumped an any land within VaiZ Villaqe, SixtA l�iling, The
burn�ng of refuse out of dpor� shall not 3�e pen4itte@ irr Vail Viilage,
Sixti� FiLing. No incirserators or other device fnr the burning of refuae
indoors �shall he �oststructed, inatalled or ueed by any perso�i axcept as
-3-
_ �...
appraved by. ��;��r �on:n#ttee. Each praperty cswner shall provide auitable
receptaclea far Ehe collect�,an af re��se. Such receptaelee shall be
screene8 Eram pub].f,c view an8 protected from dfaturb�rsce. �
7• iIVE3i'O�K. 2�o aaimais, livestock, horsee or poultry
of any kfnd eaceept dogs, csts and other hau6ehold pets si�a11. be kept,
raised or bred in Vai,I Vil�age, Sixt}i Filitxg� excapt in areaa deaignated
for such purpases by T�he Committee.
S. TR�ES. No trees shall be cut, �ri�ned or removed in
Vail Villaqe, Sixth Piling, exccpt with prior written agproval of 1'he
Gozxnittee and by persor�s de�ignated by �he Committee.
4. SET BAQC RHQUIREMII3TS. T3iere ehall be t�a general re-
quirement� for the locatian of iraprovements with relation ta proparty
lines, but Lhe loaation af each improvement must be approved in advence
by R'he Commit�ee, zn detarmining the prager location far eaah imprave-
ment, The Commf�tee shall, ooriaider the location of existing and future
itnproveroe»t� on adjaces►t property, the wishea of adjacent pzoperty
oowszers, and such other monetary or aesthetic consideratiana as it may
deem appropriate.
10. LANDSCAgIb�Q AND CAgD�NIp,1G, A].1 eurface areas 8lsturbed
by canetruction shall De returned �raeaptly to their natural condition
and replanted in native grasses, ���ept where euch areae are to be
f3nproved �y the constru�tion of qarderie, lawns, and exteriar living
areag, wh#.ch will be permitted aniy after the plana ti�erefor ha�e been �
appraved by �e Connnittee,
11. AREA RSpC�IRE.�tE�iTS. t�a Sti�uGtLlXe de�igned for human use
ar habik�tion �►halZ be c�nstructed unleee the er�gregate floor araa, '
exclusfve of o�aen parches, basementa, carporta and qaraqe�, ehall be
in eXCess of 900 aquare fee�. The Cormnittee shal.l determine from tne
desigr� of �he imprwemeat w�hether an area which ia partia.�ly belaw
grade shall qualify as axeas to be included witi�in the miairaum
permiasible area.
I2. TRADS H�.N�S. No wnrd, na:ne, eymbol, or comhina�ian
thereof ehall be us�d to identify fes comnexcial purpq6ee a houee,
stxuctura, business or service in vai.l Viilaqe, Sixti� Piling, unleas
tY�e s�uae �hall have fira� be�n approvec� in writinq by 7"he Committee.
13. TEtipoRARY STRUCTVRES. No temporary atrncture, excava-
tion, b�xEett�ent, trailer or ten� s'hall ]�e permitted in Vail Vi�lage,
Sixth Filing, except as raay be necessary durinq canstructioa aad
a�thorized by The Caaunittee,
14. G0�3T=NLTITy OF COHSTRUCTION. All atructures cpmn�naed
in vail VillBge, Sixth Filfng, s?sall be prosecuted diligently to romple-
tioa aad r�h�7,1 be completed within 12 rnont}�s o� commencement, except
r►ith �ritteh consent of The Committee.
I5. NUISANCE. No nox�.ous or offerisive activi�y ehall be
carxied ah aor shall anything be done os permitted which shall can�titute
a public nuisarce �n V'ail Vi].lage, Sixth Filing.
lfi. FEIv*CES. No fentes, walls nr oti�er bbrriers eha,Ll be
pezmitted �xcept witi� the wzitten consent af Z'he Cornmittee.
I7. EFFECT At3D D�RATIQN qP CpVE�S. The canaitions,
restrictfo�ns, stipulations, agzeements ar�d covena�ts coatained herefn
si�al.l ]�e �or t3�e Denefit af and hindinq upor► eath tract in vail viliage,
-�-
: ,
Sixth Filiny, and each owner af proQerty t2�erein, hia auccesaors,
regresentatives and assigns and shall continue in full farce And eftect
untS.l January 1, 1999, at which time they shall be autaraatically ex-
tended fax 5 eucc�essive terms af 10 years each.
18. AMENDMENT. Thc conditions, reatrictions, stipn],stian�,
agreemente and covenants cantai,ned herel� shall not he waived� abandoaed,
terminated, or amended except by written conser�t of the or�ner•s af �79i
of the privately awned land included within the boustidariea of vail
viilage, Si�cth FiZing, a.s t3�e same may then be shown by the pint on
file in the offiee af the Cierk and Recarder of �agle Caur�ty, Colorado.
. l'�. ENF'oRCEME.rT', I€ any persor�. shall vfolate or threatea
to viotate any of the prpvisxons pf this in�txument, it sitall be lawful
for any person or.persons owning real property in Vail Village, Sixtt�
� Filinq, ta institnte proceedings at law or in equity to enlarca #]�e
� provisians of this instrument, to re6traih tbe persort v�aletix�q or
threat�ning to.violate thenl, and to recover damaqes, aatual and punitiv�.
far euch violatiana_ .
28. SSVLRASZLiTY. In valtdation of any orte of the provision�
of this instrument bp judqment or court ord�r or decree shs11 in ao
wiae slfeat a�ny of the att��r pravisions which sha12 remsir� in iull
force �nd effect.
i�xecuted- thi� � daX af Hxy, 1964.
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]I`!�'!� �`�ei !@�"
isl�rst Secretary
STATS .OF COIAFi�l�O �
CiTY ]1tQg CBUNTY Of' TISDiYBR ) as.
V1i1IL PiSSOG�ATBS, L"1D. ,
a L�a�ited p tn��sAip �
sy I�.
p ter w. Sei er
General Partnax
: � v�►Y� ca�o�►�ero� ,
ci�rieral '
,8 �
stei' lir $! �C � P7Cl�I�dlYi�
The , foregoi�g ia�t�rwaeat r�as acics�rnrLedged beioxa m� ar►' fi�•
' (�� day of May. 1964, by gBTER 1V.'SE��RT, as one oi th� Geae�al 8artner�
� at Vail Assoeiate�, Ltd., a Lim�.ted Fartt�ersbip, ana by pE?�R N. 88�S�t�
ss preaidea� a! �'!te V�i1 Corparatioh, one of tt�� Geaer�l � 1�artners of
Va1I 3►�oxiates� Ltd. � .
; ` 1Pitne�a' nqy hand saQ, scal. .
+�����l� Cd�is�ion l7cj��tls Gf�euCCh 9� 1966. .
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�iatai►jr Pub1 �
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�:i`:��r� Fz1cd for �ocord:•, ,yu3� �-?Fs'�j,k'�.�t"'], P.?l� '.
•,B.i�3�p xly�. � �
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AlLF:.tiAi�hT Or ' PR�T�CTI�1E C�YEDiAh'TS
. OF ' � • .��i3,j
VAY7a �. VII�i�AGE, SiI}CTH FIIrING; - ' . " . .
EP.GI.E . COUAI2'1'� ?C4LARADd `: _ • � •
.. �
.:_ - � • � ��, : . , . y
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,1 � WF�RFAS, V� il AssoCYafies', Ltd: , a., limi,ted p�rtnezahip; ��.
�. �nd .Schuyler Grey.�bn, ind,ividual, are the Owners pf aIl of the < �
��� land desczib�d itx the Protective Crnrenante af Vail Village, Sixth
�'ilin � . ,�r
g. recarded:<in 800k i93 mt page l af �titie record;� of the
'�``� �. Cierk and Recarder of Eagle County; Colara�o; and"
ut: ' . .
, WHEIt�iS, Vai). 'ABSOCiates , Ltd. . artd Sehuyler Greye .;
her�inat'�er re#e�red to as 4wnes��. de�sire to bmend �saxegraph 18
�PPearing on i?$g�.5. o� suid Pratective Ccve�iante; and �. �� �.
. . �.;
1�o�W T�EFa�; �i� consideratic,n o� the pxemise�, the
Ownere �or Che�elves and their respective qranteeb,.auccessors.�
� and essigns, do ��ereby $msnd�paragrnph 18-of the'Pro�ectiva. �
,; Covenanta of vai:�; village,, Sixth Fii,ing, Eag�e Coqrsty, Calorado, ''
te resd as foll,orrs, ` . .. -
'. "18. A1lEN,�tENT. The conditions, reatrictl.one, .. .. .
stipulat�,on�, agreementi8�•-and ccvenants aontsined ! "
... herein:ahxll not be.waived� ubahdoriedt.terminate�,�,
_. or amet��Jed excep� by wsitten�con�ent o�`the awners �
.- oi '7596;of � tihe: privntely oMme,d land' incl.uded..withiri .
�. tiie baundariea of VniX Vil]:;age,. Sixth FiiS.ng� as . '� .
:� the se�nae �aay �hen be riahan,m � bjr�. the• pxbt on fi3� ir
, the of�ice of the Clerk eind Recoxder �f� Eag1e Co�x�tX, �
• Calara�o�" .
As hereby �mendad, said Owners do hereby ratify,.approve,:.
canfirm And adapt,tha other proviBinnn o! sa�d protective covonantr
� ax vail ViZiage,:;�ixth Filing. •. . . ,
S}mted t�iia 10th day of 3una, 3964. . : :
VAIL A8&OC�ATEB� T�l�D� ` ' '
. . a I,i.atited Ps rsriig , .
� $ +� �. � � .
Y ;r�
ne Paztner �
- . , ... ��� ��` f, ' . . , . - . _ .
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8chuyler C#re�y •
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�'_A �f; �OF COTARADCi. j . ' - _ . .
. � CI�Y & COt1Ni'Y.dF.:DENVER).e.s . ' .
AcknowTedged Y,�fare me'this 2pth day of �Iune, �964,
��- Petez W. Seibert, as, [:enera� �Partner-of �Vail Aesociates, Ltd.,
r' .,�.��;� ;.ited Par.triership. �
���ks �Llr � Witnes,s: my-hanc� and official..eeal � : .
: ,�x- �y ;comiai�sior� expires Au uat 9 i965 . ,
_���1�Y � . .
.�'�r,�'� '
i�
S� ni�c�r.� a{,,� . xveary 8ublia. -
��' 4Ff� ���.ef�� . . �
SfiATE 4F C4LRRR17o } . .
CITY- & CO[TNTY OF .DENV�R) SS : , . . �
� Acknowl�dged before .�ne this �Oth day af ,Tune, 1964,..: ` ..
by 'Schuyler Grey, �n. �ndividual, . . .. .
. � �ittiese �y }iand and afficiai sea1. .
- � My. co�mai�sian exgirea Au uat .9' �;965 .
,,,...,�.......
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?� :r's�,4, "+ • N�tary �u ic
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�
Nancy Adam
d� �;'a Lionshead Bed & Breakfast
76� Forest Road. Unit A
VaiL CO 816�7
970-476-5383
NSAVaiI!d-aol.com
April 21, 2010
Re: Conditional Use Permit Application for Bed and Brealcfast
To: Town of Vail Planning and Environmental Commission
This follow up letter is sent to respond to some issues that have been raised concerning
the conditional use permit application to use iny residence as a bed and brealcfast for a
maximum of 3 bedrooms pursuant to §12-14-18 of the Town of Vail Code.
Since iny submittal, I discovered the original name is not available. I have registered the
trade name of "Lionshead Bed & Brealcfast."
To clarify, the bed and brealcfast will only be operated when I am in residence. I live
here full time so the business will be operational year round based on customer demand.
I will do the work myself so I do not anticipate hiring any employees. No more than 3
bedrooms will be used as part of this operation at any time keeping the residential load to
10 or fewer people. I will obtain the necessary TOV and state licenses when approved.
The parlcing plan for my residence that was approved when my home was rebuilt in 2000
provides for 2 parlcing spaces in the garage and 3 approved surface spaces in the
driveway. The tenants of the apartment under the garage use the west garage parlcing
space. If they need a second space, they parlc that car behind the west garage door. This
approach ensures that they control access to and from the west garage space.
I parlc in the east garage space. My bed and brealcfast guests will parlc in the 3 surface
spaces approved in 1999. I anticipate having a lcey holder for the guests' car lceys so that
vehicles can be rearranged if necessary.
The application is for permission to operate a bed and brealcfast, not a special events or
catering business. I do not intend to rent out as a catering or special function operations.
I do not intend to rent to guests with pets (other than service dogs, if applicable).
Smolcing is not permitted inside my residence by anyone.
My full time residency will provide supervision when a guest is present. This supervised
use will have less impact on the neighbors than we experience from the numerous short
term rental use of many homes on Forest Road. My presence will ensure that additional
occupants are not "snucic" into the home, late night parties do not occur, and that property
is properly maintained at all times.
Thanlc you for your consideration of this application,
�lancr� l�darn, rO�aner
1
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for the review of a final plat, pursuant to Chapter 13-4, Minor
Subdivision, Vail Town Code, to allow for the re-subdivision of Lot 4 into two lots,
located at 1401 Lion's Ridge Loop/Lot 4, Lion's Ridge Filing 2, and setting forth
details in regard thereto. (PEC100017)
Applicant: AI and Suzan Williams, represented by Victor Mark Donaldson
Architects
Planner: Bill Gibson
SUMMARY
The applicants, AI and Suzan Williams, represented by Victor Mark Donaldson
Architects, are requesting the review of a final plat to allow for the subdivision of their
single lot at 1401 Lion's Ridge Loop into two lots.
Based upon Staff's review of the criteria outlined in Sections VII of this memorandum
and the evidence and testimony presented, the Staff recommends the Planning and
Environmental Commission approves this request subject to the findings noted in
Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicants, AI and Suzan Williams, represented by Victor Mark Donaldson
Architects, are requesting the review of a final plat to allow for the subdivision of their
single lot at 1401 Lion's Ridge Loop into two lots.
The existing 47,917 sq. ft. lot is zoned Two-Family Primary/Secondary District. One
single-family residence currently exists on the western portion of the subject property.
The applicant is proposing to subdivide Lot 4 into two equally sized lots. Both the new
Lot 4 and Lot 5 are proposed to be 23,958.5 sq. ft. in total area. The existing single-
family residence will be located entirely within the proposed boundaries of the new Lot 4.
The currently undeveloped eastern portion of the existing lot is proposed to become Lot
5. This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries.
A vicinity map (Attachment A), the proposed plat (Attachment B), the existing
topographic survey (Attachment C), a conceptual future access plan (Attachment D), a
analysis of the neighborhood development potential (Attachment E), and a geologic site
assessment (Attachment F) have been attached for reference.
1
III. BACKGROUND
The subject property was platted as part of the Lion's Ridge Filing 2 Subdivision in 1972
under Eagle County jurisdiction. The existing single-family structure was also originally
constructed under Eagle County jurisdiction in 1972. The property was annexed into the
Town of Vail in 1979. The existing single-family structure has been remodeled over the
years, both while under Eagle County jurisdiction and Town of Vail jurisdiction.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT
Section 12-6D-1: Purpose:
The two-family primary/secondary residentia/ district is intended to provide sites for
sing/e-family residential uses or two-family residential uses in which one unit is a/arger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be /ocated in the same zone district. The two-
family primary/secondary residentia/ district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with sing/e-family and two-
family occupancy, and to maintain the desirab/e residential qualities of such sites by
establishing appropriate site deve/opment standards.
Title 13, Subdivision Regulations, Vail Town Code (in part)
CHAPTER 13-1: GENERAL PROVISIONS (in part)
Section 13-1-2: Purpose
A. Statutory Authority: The subdivision regulations contained in this tit/e have been
prepared and enacted in accordance with Co/orado Revised Statutes tit/e 31, article 23,
for the purpose of promoting the hea/th, safety and we/fare of the present and future
inhabitants of the town.
B. Goa/s: To these ends, these regulations are intended to protect the environment, to
ensure efficient circulation, adequate improvements, sufficient open space and in
general, to assist the orderly, efficient and integrated deve/opment of the town. These
regulations a/so provide for the proper arrangement of streets and ensure proper
distribution of population. The regulations a/so coordinate the need for public services
with governmental improvement programs. Standards for design and construction of
improvements are hereby set forth to ensure adequate and convenient traffic circulation,
utilities, emergency access, drainage, recreation and light and air. A/so intended is the
improvement of /and records and surveys, plans and plats and to safeguard the interests
of the public and subdivider and provide consumer protection for the purchaser,� and to
regulate other matters as the town planning and environmental commission and town
council may deem necessary in order to protect the best interests of the public.
C. Specific Purposes: These regulations are further intended to serve the following
specific purposes:
2
1. To inform each subdivider of the standards and criteria by which deve/opment
proposa/s will be evaluated, and to provide information as to the type and extent
of improvements required.
2. To provide for the subdivision of property in the future without conflict with
deve/opment on adjacent /and.
3. To protect and conserve the value of /and throughout the municipality and the
value of buildings and improvements on the /and.
4. To ensure that subdivision of property is in compliance with the town's zoning
ordinances, to achieve a harmonious, convenient, workab/e re/ationship among
land uses, consistent with town deve/opment objectives.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schoo/s, parks, playgrounds, recreation,
and other public requirements and facilities and generally to provide that public
facilities will have sufficient capacity to serve the proposed subdivision.
6. To provide for accurate /ega/ descriptions of newly subdivided /and and to
establish reasonab/e and desirab/e construction design standards and
procedures.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of
drainage facilities, to safeguard the water tab/e and to encourage the wise use
and management of natural resources throughout the town in order to preserve
the integrity, stability and beauty of the community and the value of the /and.
Town of Vail Land Use Plan (in part)
CHAPTER II — LAND USE PLAN GOALS / POLICIES (in part)
1. General Growth/Development (in part)
1.12 Vail should accommodate most of�the additional growth in existing developed areas
(infill a�^eas).
5. Residential (in part)
S.1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.4 Residential growth should keep pace with the market place demands for a full range
of �housing types.
CHAPTER VI — PROPOSED LAND USE (IN PART)
4. Proposed Land Use Categories (in part)
MDR Medium Density Residential: The medium density residential category includes
housing which would typically be designed as attached units with common walls.
Densities in this category would range from 3 to 14 dwelling units per buildab/e acre.
Additiona/ types of uses in this category would include private recreation facilities,
private parking facilities and institutional / public uses such as parks and open space,
churches and fire stations.
3
V
1�l!
SURROUNDING LAND USES AND ZONING
Current Land Uses
North: Open Space
South: Single-Family Residential
Multiple-Family Residential
East: Open Space
West: Two-Family Residential
ZONING ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
Lot Size:
Buildable Lot Size:
Site Standards
Total Lot Size
Buildable Lot Size
Street Frontage
Size and Shape
VII. REVIEW CRITERIA
Zonina
Natural Area Preservation District
Special Development District No. 22
Low Density Multiple-Family District
Natural Area Preservation District
Two-Family Primary/Secondary District
1401 Lion's Ridge Loop
Lot 4, Lion's Ridge Filing 2
Two-Family Primary/Secondary District
Medium Density Residential
Single-Family Residence
Rockfall Hazard
47,917 sq.ft. (1.10 acres)
47,512 sq.ft. (1.09 acres)
Allowed/Required
n/a
15,000 sq.ft. (min)
30 ft. (min)
80 ft. square
Proposed Lot 4
23,958.5 sq.ft.
23,553.5 sq.ft.
123 ft.
>110 ft. square
Proposed Lot 5
23,958.5 sq.ft.
23,958.5 sq.ft.
233 ft.
>100 ft. square
Before acting on a final plat application, the Planning and Environmental Commission
shall consider the following factors with respect to the proposed use:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town; and
The subject property is designated as Medium Density Residential by the Vail Land Use
Plan. The Vail Land Use Plan identifies the appropriate densities in the Medium Density
Residential category as having 3 to 14 dwelling units per acre. The subject property is
1.10 acres in size with one existing dwelling unit and two dwelling units allowed by its
Two-Family Primary/Secondary District zoning designation. By subdividing the subject
property into two separate lots, the potential densities increase to four allowable dwelling
units. This potential density is consistent with the Medium Density Residential
designation of the Vail Land Use Plan.
Staff believes the proposed final plat is consistent with the Vail Land Use Plan's goals:
0
1.12 Vail should accommodate most of � the additional growth in existing
developed areas (infill areas).
S.1 Additional residential growth should continue to occur primarily in existing
platted areas and as appropriate in new areas where high hazards do not exist.
Staff also believes the proposed final plat is consistent with the purpose of the Town's
Subdivision Regulations and purpose of the Two-Family Primary/Secondary Zone
District as outlined in Section IV of this memorandum.
Therefore, Staff believes the propose final plat is consistent with the applicable elements
of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and
is compatible with the development objectives of the town.
2. The extent to which the proposed subdivision complies with all of the standards
of Title 13, Subdivision Regulations, Vail Town Code, as well as, but not limited to,
Title 12, Zoning Regulations, Vail Town Code, and other pertinent regulations that
the planning and environmental commission deems applicable; and
The applicant has consulted with Inter-Mountain Engineering to prepare a topographic
survey of the subject property's existing conditions to identify existing grades, existing
easements, locations of existing building and site improvements, etc. (Attachment C)
This topographic survey identifies a 405 sq. ft. area at the northwest corner of the lot
with slopes exceeding 40%. Pursuant to Section 12-2-2, Definitions, Vail Town Code,
this 405 sq. ft. area is not "buildable lot area".
The applicant has configured the proposed property boundary between proposed Lots 4
and 5 to meet the minimum lot size requirements (15,000 sq. ft. of buildable lot area),
minimum street frontage (30 ft.), and minimum size and shape dimensions (80 ft. by 80
ft. square) of the Two-Family Primary/Secondary District. The applicant has configured
the proposed property boundary between proposed Lots 4 and 5 to ensure the existing
single-family residence complies with all requirements of the Two-Family
Primary/Secondary District, including setbacks.
The applicant has prepared a conceptual engineering study to demonstrate that future
driveway access can be constructed on the proposed Lot 5 in accordance with the
Town's engineering standards (Attachment D).
The applicant has consulted with HP Geotech to prepare a geologic site analysis of the
subject property (Attachment F) to clarify the existing geologic hazards on the site and to
identify their impacts of future development. The study has identified potential slope
instability, rockfall and earthquake hazards. As with other properties in this
neighborhood with similar hazards, these issues will need to be addressed in greater
detail at the time of future development. This geologic site analysis did not find the
subject property to be unbuildable.
Staff believes the proposed final plat complies with the applicable requirements of the
Town's Subdivision Regulations and Zoning Regulations, and is therefore consistent
with this criterion.
5
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries. The proposed final plat is consistent with the
Vail Land Use Plan's Medium Density Residential designation. The proposed final plat
will accommodate additional community growth in an existing developed areas (infill
areas) as recommended by the Vail Land Use Plan. The proposed final plat was
designed such that the existing single-family residence and site improvements comply
with the requirements of the Two-Family Primary/Secondary District. Therefore, Staff
does not believe the proposed final plat will have significant negative affects on the
future development of the surrounding area in comparison to existing conditions.
The adjacent neighborhood to the west of the subject property includes the Vail Point
multiple-family development and seven Two-Family Primary/Secondary District lots. The
average size of the primary/secondary lots is 33,111 sq.ft. and the average street
frontage is 137 ft. The existing subject property is larger (47,916 sq.ft.) than this
average and has a longer than average street frontage (355 ft.). The proposed Lots 4
and 5(23,958 sq.ft. each) would be smaller than the average adjacent lot sizes, but Lot
4 would have a comparable street frontage (123 ft.) and Lot 5 would have a longer than
average street frontage (233 ft.).
The neighborhood to the south of the subject property includes the Dauphinais-Mosely
Special Development District, the Solar Crest Condominiums multiple-family
development, and the post office. The Dauphinais-Mosely lots identified in the
applicant's neighborhood analysis (Attachment E) have an average lot size of 11,162
sq.ft., average street frontages of 69 ft., and through the special development district
have no limit on allowable GRFA (gross residential floor area). The existing Lot 4 and
proposed Lots 4 and 5 are larger than these adjacent properties.
The property to the north and east of the subject property is open space zoned Natural
Area Preservation District.
4. The extent of the effects on the future development of the surrounding area;
and
This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries. The proposed final plat is consistent with the
Vail Land Use Plan's Medium Density Residential designation. The proposed final plat
will accommodate additional community growth in an existing developed areas (infill
areas) as recommended by the Vail Land Use Plan. The proposed final plat was
designed such that the existing single-family residence and site improvements comply
with the requirements of the Two-Family Primary/Secondary District. Therefore, Staff
does not believe the proposed final plat will have significant negative affects on the
future development of the surrounding area in comparison to existing conditions.
5. The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public
services, or require duplication or premature extension of public facilities, or
result in a"leapfrog" pattern of development; and
0
This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries. Staff does not believe the proposed final plat
will have significant negative affects on the community's special patterns in comparison
to existing conditions.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines; and
Utility services exist for the subject property. Staff does not believe the proposed final
plat will have significant negative affects on utilities in comparison to existing conditions.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries. The proposed final plat is consistent with the
Vail Land Use Plan's Medium Density Residential designation. The proposed final plat
will accommodate additional community growth in an existing developed areas (infill
areas) as recommended by the Vail Land Use Plan. Therefore, Staff believes the
proposed final plat provides for growth in an orderly manner.
8. The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features; and
This proposed final plat does not expand the developable area of the applicant's
property beyond its existing boundaries. Staff does not believe the proposed final plat
will have significant negative affects on the natural environment in comparison to
existing conditions.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
The Planning and Environmental Commission has previously approved residential
subdivisions that the Commission determined to be in keeping with the character of the
existing neighborhood.
The Commission has previously denied subdivisions that the Commission determined
were not in keeping with the character of the existing neighborhood.
The Commission has also previously approved residential subdivisions contingent upon
the subject property being re-zoned to a lower density district, the final plat including
restrictions limiting the allowable gross residential floor area (GRFA) and site coverage
on the subject property, and requiring deed-restricted employee housing units be
constructed in conjunction with the development of the subject property.
Staff believes this proposed final plat is consistent with the general character of the
existing neighborhood and is consistent with the Medium Density Residential Vail Land
Use Plan designation.
7
VIII
IX.
STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves this request for the review of a final plat, pursuant to Chapter 13-
4, Minor Subdivision, Vail Town Code, to allow for the re-subdivision of Lot 4 into two
lots, located at 1401 Lion's Ridge Loop/Lot 4, Lion's Ridge Filing 2, and setting forth
details in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and
request, the Community
the following motion:
Environmental Commission choose to approve this final plat
Development Department recommends the Commission pass
"The P/anning and Environmenta/ Commission approves this request for a final
plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for
the re-subdivision of Lot 4 into two /ots, located at 1401 Lion's Ridge Loop/Lot 4,
Lion's Ridge Filing 2, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this final plat
request, the Community Development Department recommends the Commission makes
the following findings:
"Based upon the review of the criteria outlined in Section Vll of the Staff
memorandum to the P/anning and Environmenta/ Commission dated April 26,
2010, and the evidence and testimony presented, the P/anning and
Environmenta/ Commission finds:
1. The subdivision is in compliance with the criteria listed in Subsection 13-3-4-A,
Vail Town Code.
2. The subdivision is consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatib/e with the deve/opment
objectives of the town.
3. The subdivision is compatib/e with and suitab/e to adjacent uses and
appropriate for the surrounding areas.
4. The subdivision promotes the hea/th, safety, mora/s, and general we/fare of
the town and promotes the coordinated and harmonious deve/opment of the town
in a manner that conserves and enhances its natura/ environment and its
established character as a resort and residential community of the highest
quality. "
ATTACHMENTS
A
B
C
D
E
F.
Vicinity Map
Proposed Plat
Existing Topographic Survey
Conceptual Access Plan
Neighborhood Development Potential Analysis
Geologic Site Assessment
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Lot 4 1401 Lionsridge Loop
cPGLE Cn.:``il'
��� ��•�•� �-��� Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Page i of 1
Le�end
(`, 5e4�cted Feafuras
L.d
„/ hwy131
/�
la•h�poinls
� Parcs.�ls
PuS�ic Lands
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200A Ca�or Aerial Phalos
x
http://gisweb. eaglecounty. us/servledcom. esri.esrimap. Esrimap?S erviceName=overview&... 3/27/2010
Account
Account: R033025
Location
Parcel Number 2103-122-02-006
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001401 LIONS
RIDGE LP
Legal Summary Subdivision: LIONS
RIDGE FII, 2 Lot: 4
Transfers
Sale Price
$ I .783.500
$98.000
$IS_000
Images
• Photo
• GIS
Owner Information
Owner Name WILLIAMS, ALFRED
H. & SUZAN N.
Owner Address PO BOX 18420
AVON, CO 81620
Sale Date
0�/16/2006
10/I�/1976
10/16/]97�
Page 1 of 1
Assessment History
Actual (2009) $1,709,010
Primary Taxable $136,040
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"T
Improvements $709,010 $56,440 1854.000
Land $1,000,000 $79,600 1.100
Reception Number
200613374
Book Page
B: 0249 P: 046�
B: 022� P: 0891
http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R033025 3/27/2010
Lot 3 1475 Lionsridge Loop
E,�LF COUh'TY
--�%��•�•����7 Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
�
Legend
� se�ectaa Featu as
_/ h�xyt31
/..
IownPOinls
OPa�cals
Fuiu�a Landuse
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2004 Cobr Aarial Photoi
2003 Oypwm Aeriel
Photas
2002 Go�CANara Me1rv
Aerie1 Pholo9
1898 Aeriel P�otos
U30S Topo
Lot 3 1475 Lionsridge Loop
Eht.]LE COL.V iY
�: Y,t:.�:,� Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagie County
does not warrant the accuracy of the data contained herein.
Legend
� sa�cea Feai�res
_/ h'�ny�3'1
/�
lo�mpoiniy
OPatcalc
Fulura landusa
' y��� � Cu�n.-n��z�r �3�14v
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2�04 ColarAUrial Phalas
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2002 Cartlluera Metro
Ae�ea Phatos
�8F1H Aeriaf Phatas
USOS Topo
. ._ � -..�. . - � -•_� --
Account: R006374
Location Owner Information
Parcel Number 2103-122-02-028 Owner Name STALEY, TRENTON J.
Tax Area SC103 - VAIL (TOWN) - SC103 Owner Address 8395 PONDEROSA DR
Situs Address 001475 LTONS RIDGE LP
#W PARKER, CO 80138
Legal Summary Subdivision: LIONS
RIDGE FIL 2 Lot: 3 WEST UNIT
BK-0530 PG-0044 MAP OS-24-90
BK-0714 PG-0894 BSD 12-24-96
Transfers
Sale Price Sale Date Receprion Number
1 020 000 02/27/2006 200605829
405 000 02/24/1994
Images
• Photo ___ .�.._.._ _—..__�_ _._._..._____T. __�...__
• GIS
Assessment Historv
Actual (2009) $1,330,500
Prima.ry Taxable $ ] 05,910
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFT
----__ _ _ ...__ .... --_... . _ . --- -- -__ .._ .
Improvements $830,500 $66, I 10 2720.000
Lznd $500,000 $39,800 0335
Book Page
B: 0633 P: 0419
Account: R006375
Location
Parcel Number 2103-122-02-029
Tax Area SC103 - VAIL (TOWN) - SC103
Situs Address 001475 LIONS RIDGE LP
#E
Legal Summary Subdivision: LIONS
RIDGE FIL 2 Lot: 3 RESUB OF LOT 3
EAST UNIT
BK-0530 PG-0044 MAP QS-24-90
Transfers
Sale Price Sale Da
365 000 10/15/1
Owner Information
Owner Name DEMING, FREDERICK W
& LYNNE A..
Owner Address 59 PIPPINS WY
MORRISTOWN, NJ 07960
Assessment Historv
Actual (2009) $1,441,870
Primary Taxable $l I4,770
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFI'
-_.._--._.__�__...._. ____________. _..._--,.._._... _ _....____ _
Tmprovements $941,870 $74,970 3148.000
Land $500,000 $39,800 0.372
te Reception Number Book Page
991 B: 0564 P: 0902
Tmages
---. _ .._..---.. ____-
_ _---..
• Photo
• GIS
Lot 2 1495 Lionsridge Loop
Fr,fiLE rpiiNiY
,.-.�„�;���a�� Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagfe County G1S Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
�
Legend
^ Seleclad Fe¢[ur�s
L�.J
�/ h�.+y73�
/ �
townPOinl9
OPa�ca�s
Fulure Landuse
{!�y�i�� cm�.�,��-.:y �_ ..
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2003 Oypwm Aeria7
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AorSa7 Photos
�998 Aeri9� Pha�os
U303 70po
x
Account: R033435
Location Owner Information Assessment Historv
Parcel Number 2103-122-02-008 Owner Name AUKAMP, MARK E. - Actual (2009) $1,737,910
Tax Area SC103 - VAIL (TOWN) - CoRLEY, ANGEI,A R. Primary Taxable $138,340
SC103 Owner Address 6161 S SYRACUSE WY 'Z'ax Area: SC103 Mill Levy: 44.2270
Situs Address 001495 LIONS RIDGE LP 330
Legal Summary Subdivision: LIONS GREENWOOD VILLAGE, CO 80l 1 I Type Actual Assessed Acres SQFT'
- _ _ ____._. _. _._.._._. . _.
WDGE FIL 2 Lot: 2 R910621 QCD 03-28- Improvements $737,910 $58,740 2450.000
OS Land $I,000,000 $79,600 0.824
Transfers
Sale Price Sale Date Reception Number
09/24/2009 200921149
$1.500.000 09/22/2009 200921 ]47
145 000 08/ 19/ 1974
25 000 12/O1/1973
• Photo
� G[S
Book Page
B: 0236 P: 0505
B: 0232 P: 0614
Map Output
Lot 1 1773 Lionsridge Loop
FJ�LE,CGtJN1Y
�"�����:�,� Copyright 2005.Eaqle CountV Govemment Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
��' � 3
Page 1 of 1
Legend
� SeleCletl FeBlvras
-/ hwy�3�
/�
�o�.vnvaints
� Pa�C Is
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2002 CardLwra MeVo
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�998 Aenal Pholos
USGS Topo
http://gisweb.eaglecounty.us/servlet/com. esri. esrimap.Esrimap?S erviceName=overview&... 3/25/2010
Account: R033137
Location Owner Information Assessment Historv
Parcel Number 2103-122-02-009 Owner Name HIGHUM, JANA A. Actual (2009) $2,144,250
Tax Area SC103 - VAIL (TOWI� - Owner Address 600 S VINE ST Primary Taxable $170,680
SC103 DENVER, CO 80209 Tax Area: SC103 NIill Levy: A4.2270
Situs Address l773 I.IONS RIDGE I,P
Type Actual Assessed Acres SQFT
Legal Summary Subdivision: LIONS -- - - ----- - -- ------__ _�
R1DGE FIL 2 Lot: 1 R660743 QCD OS-]5- Improvements $1,144,250 $91,080 3816.000
98 Land $ I ,000,000 $79,600 1.060
R660742 QCD OS-15-98
R801341 QCD 06-18-02
Transfers
Sale Price Sale Date
1 I 80 000 07/ l 1/2000
72 500 O 1/22/ 1991
57 500 0821/1989
61 300 10/31/1978
• Photo
• GIS
Reception Number
R734667
Book Page
B: 0546 P: 0347
B: 0512 P: 0367
B• 0278 P: 0183
Lot 5A 1813 Lionsridge Loop
EFGIE CC4,TRY
�.��rAr��- Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagle County G(S Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Legend
� 5eiadg� Fealuras
� hwy131
lawnpainls
� Parsels
PubGc Lands
��
U�S
:� d Cda-�a
■ '�4ddcr�
2004 Cb�OrAeiial Phalas
IX'
Lot 5B 1813 Lionsridge Loop
FAGIE Counm�
"a-�������w�y Copyright 2005.Eaqle Countv Government Disdaimer: This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Legend
� 59�9C{9d FB3t11dB5
„/ hwy131
/Y
lawnpoinls
� Parceis .
Pubfic Lands
B�M
USiS
3� ai Ccia :da
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2o�4 Cb9or Aerial Phaias
�
Account: R058453
Locat'son
Parcel Number 2103-122-02-033
Tax Area SC103 - VAIL (TOWI� -
SC 103
Situs Address 001813 LIONS WDGE LP
#A
Legai Summary Subdivision: LIONS
RIDGE FIL 3 Block: 3 Lot: SA
R200615299 MAP 06-09-06
R240617082 DEC 06-27-06
Owner Information Assessment Historv
Owner Name GROSS, PAMELA KAI-IN Actual (2009) $2,510,910
& DAVID H. Primary Taxable $199,870
Owner Address PO BOX 985 Tax Area: SC103 Mill Levy: 44.2270
VAIL, CO 81658
Type Actual Assessed Acres SQFT
____ _....._ .. ..---___.,-_._.__...._..____...._.._ ._.......... _.
Improvements $2,a10,910 $160,070 4613.000
Land $500,000 $39,800 0.451
Transfers
Sale Price Sale Date Reception Number
2 800 000 12/07/20Q7 200732640
360 000 06/08/2006 200617083
Images
• Photo
• Sketch
• GIS
Book Page
Account
Account: R058454
Location Owner Information
Parcel Number 2103-122-02-034 Owner Name WEBB, JOHN R.
Tax Area SC103 - VAIL (TOWN) - Owner Address 400 S STEELE 1
SC 103 DENVER, CO 80209
Situs Address 001813 LIONS
RIDGE LP #B
Legal Summary Subdivision: LIONS
RIDGE FLL 3 Block: 3 Lot: 5B
R2006I5299 MAP 06-09-06
R200617082 DEC 06-27-06
Transfers
No Transfer pocuments
Images
• Photo
• Sketch
• GfS
Page 1 of 1
Assessment History
_ _
Actual (2009 - Protest-Assessor applied} $1,709,890
Primary Taxable $136,110
Tax Area: SC103 Nlill Levy: 44.2270
Type Actual Assessed Acres SQFT
--.. . - -- .... _ _ ._ .._ _ ---
Improvements $I,209,890 $96,310 3127.000
Land $500,000 $39,800 0.385
http://�o�erty.eaglecc��nty.us/assessoz/taxweb/account. j sp?accountNum=R058454 3/25/2010
Lot 4 1833 Lionsridge Loop
v!GLE. COUNiY
-�.���•�At�x+��' Copyright 2005.Eaqle Countv Government Disciaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Logend
Ffigh6phi�tl F9eture
� Se:GCtetl Fealures
_ / hv+y l 7 Y
/ �.
bwnpo in t s
� Paroela
Future Lenuusa
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2003 Qypsurn Aarai
Photaa
2002 CaR.illeta N1otro
Aatial Phows
'1998 Aa�+al Pholos
USGS Topo
�X
Account
Account: R009446
Page 1 of 1
Location Owner Information Assessment History
Parcel Number 2103-122-02-022 Owner Name KENNETH L. WHITE Actual (2009 - Protest-CBOE applied) $2,029,790
Tax Area SC103 - VAIL (TOWN) - �VOCABLE TRUST, KATHRYN primary Taxable $161,570
SC103 M. WHITE REVOCA.BLETRUST Tax Area: SC103 Mill Levy: 44.2270
Situs Address 001833 LIONS Owner Address 1833 LIONS RIDGE Type Actual Assessed Acres SQFT
RIDGE LP LOOP _ . . _ _ __- --.._ --- - ---
VAIL, CO 81657 Improvements $2,229,790 $97,890 3106.000
Legal Summary Subdivision: LIONS Land $800,000 $63,680 0.859
RIDGE FIL 3 Block: 3 Lot: 4
R937268 SWD 10-11-05
Transfers
- -
Sale Price Sale Date
$96.000 11/O1/1991
$180,000 OS/02/1991
$195,000 10/27/ 1989
$34,100 08/20/1980
Images
• Photo
• GIS
Reception Number
Book Page
B: 0566 P: 0707
B: 0557 P: 0143
B: 0� I 6 P: 0721
B: 0309 P: 0556
http://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNwm=R009446 3/25/2010
Lot 3 1853 Lionsridge Loop
:.^�J:E CC7:;NTY
��.���.«�•�::� Copyright 2005.Eaqle Countv Government Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Legend
li"r�hCghlatl F�eture
OSaleclqtl F¢alurYs
� n..yi3i
eownpolnts
OParcnis
Fuiura Lundux9
;�1�ii�ll �mrn�r. ��r_�
- Cmn.��u�YC�rom
Co.�c�sx
� �+�%v9 Ku'.TVd �e.varn�
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s•� a cu��,
� w,..e:..�
2004 Co�br Aer�! Pnoloa
20d3 C3yP�+m Aori�al
Phoios
2002 Co�rtliliyra Nfalro
A¢r�t Phoiox
1998 A+aNnA Photos
USGS Toao
}(
Account
Account: R030993
Location
Parcel Number 2103-122-02-026
Taz Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001853 LIONS R1DGE
LP #A
Legal Summary Subdivision: LIONS
RIDGE FIL 3:Block: 3 Lot: 3
PARCEL A BCC-0479 PG-0773
Page 1 of 1
Owner Information Assessment Historv
Owner Name RAYMOND H. GOETZ Actual (2009 - Protest-Assessor, $1,100,000
REVOCABLE TRUST Protest-CBOE applied)
Owner Address 1853 LIONS RIDGE Primary Taxable $87,560
LP Taz Area: SC103 Nlill Levy: 44.2270
VAIL, CO 81657 Type Actual Assessed Acres SQF'I'
Improvemenu $600,000 $47,760 2728.000
Land $500,000 $39,800 0.667
Transfers
Sale Price Sale Date
$1.5�5.000 07/2�/2003
540.�00 06/30/ 1998
i2�0.00U I 0/ 1 S/ I 988
Images
• Photo
• GiS
Reception Number
841910
R662426
Book Page
B: 0494 P: 0269
http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R030993 3/25/2010
Account
Account: R030994
Location
Parcel Number 2103-122-02-027
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001853 LIONS RIDGE
LP #B
Legal Summary Sobdivision: LIONS
RIDGE FIL 3 Block: 3 Lot: 3
PARCBL B BK-0583 PG-0946 QCD
06-24-92
R708123 QCD 09-02-99
R76509� QCD 08-15-01
Tra nsfers
Page 1 of 1
Owner Information Assessment Historv
Owner Name RAYMOND H. GOETZ Actual (2009 - Protest-Assessor, Protest- $900,000
REVOCABLE TRUST, RAYMOND CBOE applied)
H. GOETZ TRUSTEE Primary Taxable $?i,640
Owner Address 4111 E SOUTH ST C Tax Area: SC103 Mill Levy: 44.2270
LAKEWOOD, CA 90712 Type Actual Assessed Acres SQFT
Improvements $400,000 $31,840 2378.000
Land $500,000 $39,800 0.373
Sale Prece Sale Date
�515.000 09l0711999
$415,000 11l08/1994
50.000 03l27! I 987
Tmages
_ . .. _
• G1S
Reception Number Book Page
R7081�5
E3: 0654 P: 0797
B: 0463 P: 0332
http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R030994 3/25/2010
Map Output
Lot 2A 1873 Lionsridge Loop West
�
EAGLE CC'Ji;i�lTY
-���;�x��s�.,� Copyright 2005.Eagle Countv Govemment Disclaimer. This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
t!�!;���
Page 1 of 1
Legend
n 5alacted Fealures
�1
„/ hwy131
/�
lownpomts
� Paioels
Pub6c Lands
�A1
U�S
3a;e d Cduada
. SY��
200R Cdbr Aer�al Photas
rX
http: //gisweb.eaglecounty.us/servleticom. esri. esrimap.Esrimap?ServiceName=overview&... 3/25/2010
Account
Account: R044676
Location O�vner Information
Parcel Number 2103-122-02-031 Owner Name FALLIERS,
Tax Area SC103 - VAIL (TOWN) - CONSTANTINE 1. & ELECTRA
SC103 Owner Address 4256 S FOREST CIR
Situs Address 001873 LIONS RIDGE ENGLEWOOD, CO 80113-5009
LP #A
Legal Surnmary Subdivision: LIONS
RIDGE F1L 3 Block: 3 Lot: 2A BK-
0708 PG-0523 MAP 10-15-96
BK-0708 PG-0524 DEC 10-15-96
Transfers
Page 1 of 1
Assessment History
Actua! (2009) $1,347,260
Primary Taaabie $107,240
Tax Area: SC103 IVlill T�evy: 44.2270
Type Actual Assessed Acres SQF"I'
_. _ ----- -- —_ ___ __ --_.
Improvements $847,260 $67,440 2004.000
Land $500,000 $39,800 0.530
Sale Price Sale Date Reception Number
$440,000 l 0/ I 6/ 1996
Images
• Photo
• GlS
Book Page
B: 0709 P: 0470
http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R044676 3/25/2010
Lot 2B 1873 Lionsridge Loop East
E�.:if� COU:1T1'
•�••• Copyright 20o5.Eaqle Countv Government Disclaimer: This map was created by the
Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County
does not warrant the accuracy of the data contained herein.
Legend
❑ Selacfsd Fealuras
./ hKy131
1r
to�mpoinls
� Parcels
Pubfr Land�
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Sfitc a Ca �ra�a
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20�� Cai�r Aer�l Rholos
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Account
Account: R044677
Location Owner Information
Parcel Number 2103-122-02-032 Owner Name ROARK, GREGORY
Tax Area SC 103 - VAIL (TOWN) - A. & ELIZABETH E.
SC103 Owner Address POB 210
Situs Address 001873 LIONS WOLFEBORO, NH 03894
RIDGE LP #B
Legal Summary Subdivision: LIONS
RIDGE FIL 3 Block: 3 Lot: 2B BK-
0708 PG-0523 MAP 10-15-96
BK-0708 PG-0524 DEC 10-15-96
Transfers
Page 1 of 1
Assessment Historv
Actual (2009) $1,777,670
Primary Taxable $141,500
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFT
_..-- - -----__ ... . _ _ _ - - -
Improvements $1,277,670 $101,700 3266.000
Land $500,000 $39,800 0.590
Sale Price Sale Date Reception Number
� 1375.000 12/09/2004 901 I 45
$985.000 OS/21 /2003 83 �204
�620,000 12/ I 6/ I 996
Images
—
• Photo
• Sketch
• GIS
http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R044677
Book Page
B: 0714 P: 0923
3/25/2010
Account: R006668
Location Owner Information Assessment Historv
Pareel Number 2103-122-09-003 Owner Name JMB REVOCABLE Actual (2009) $2,381,440
Tax Area SC103 - VAIL (TOWN) - LIVING TRUST Primary Taxable $189,560
SC103 Owner Address 10957 LEGACY RIDGE Tax Area: SC103 Mill T.evy: 44.2270
Situs Address 001406 MORAINE DR �
VJESTMINSTER, CO 80031 Type Actual Assessed Acres SQFT
L,egal Summary Subdivision: ___.___..--_ . _ . . _
DAUPHINAIS-MOSELEYFTL 1 Lot: 3 Improvements $1,581,440 $125,880 4207.000
BK-0536 PG-0221 MAP 08-23-90 Land $800,000 $63,680 0.2b0
Transfers
Sale Price Sale Date
$1,40Q,000 09/30/2009
725 000 O8/26/1991
Images
___ ___________.. ._---------_--._.—�..._�___.._.___.._. _
• Photo
• GIS
Reception Number
200921541
Book Page
B: 0561 P: 0013
Account: R006667
Location
ParceI Number 2103-122-09-002
Tax Area SC103 - VAIL (TOWN) -
SC1�3
Situs Address 1464 MORAINE DR
Legal Summary Subdivision:
DALIPHINAIS-MOSELEY FIL 1 Lot: 2
BK-0536 PG-0221 MAP 08-23-90
R921750 QCD 07-06-OS
Transfers
Sale Price
997 000
159 700
Images
• Photo
• Sketch
• GIS
Owner [nformation
Owner 1Vame GISH, AMY BECHER
Owner Address 1404 MORAINE DR A
VAIL, CO S 1657-5548
Sale Date
O 1/10/2006
Ob/25/2003
' Igl
R
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-
-
Assessment Historv
Actual (2009) $3,728,490
Primary Taxable $296,790
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFT
__._ _.. . _...._... __.._.._. ___.._._._. _._____ ........___ ._ . .._ .. ..
Improvements $2,928,490 $233,110 7340.000
Land $800,000 $63,680 0.370
Reception IVumber
200601021
840845
Book Page
Account: R006666
Location
Parcel Number 2103-122-09-001
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address OO I402 MORAINE AR
Legal Summary Subdivision:
DAUPHINAIS-MOSELEY FIL 1 Lot: 1
BK-0536 PG-0221.MAP 08-23-90
Owner Infarmation Assessment Historv
Owner Name ALLEGHENY Actual (2009) $2,000,470
ASSOCIATES II LLC Primary Taxable $159,240
In Care Of Name DAVTD L. EDWARDS, Tax Area: SC103 Mill Levy: 44.2270
MANAGER
Owner Address PO BOX 1844 Type . Actual Assessed Acres SQF"I'
_.__ __. ..._
FORT COLLINS, CO 80522 Improvements $1,200,470 $95,560 3108.000
Land $800,Q00 $63,680 0.270
Transfers
Sale Price Sale Date
12/ 18/2008
12/18/2008
Reception Number
200900562
200900559
200 000 OS/04/1994
Images
• Photo -----`��__ __._ -._.___._-----------__�__._._.
• GIS
Book Page
B: 0639 P: 0963
Account: R041954
Location Owner Information
Parcel Number 2103-122-03-010 Owuer Name 1320 MORAINE DR LLC
Tax Area SC103 - VAII, (TOWN) - SC103 Owner Address PO BOX 2248
Situs Address 001320 MORAINE DR AVQN, CO & 1620
Legal Summary Subdivision: LIONS
RIDGE FIL 2 PARCEL D-1
BK-0656 PG-0264 MAP 12-01-94
BK-0656 PG-0265 DEC 12-01-94
BK-0673 PG-0788 QCD 08-11-95
Transfers
Assessment Historv
Actual (2009) $1,383,030
Primary Taxable $1 10,090
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"T
_ _.._ . . -.-------_._-.-. _. _ _.�...._____ __-- .- .-. -. -
improvements $983,030 $78,250 2797.500
Land $400,000 $31,840 0.240
Sale Price Sale Date Reception Number
1 190 000 OS/25/2006 200614388
554 000 08/ 15/ 1995
330 000 03/21/1995
Images
_ _ ...... ---------..... __...... _ _ .. _.__...---- - - ------------ __ __ ____
-- - —.. . .__....._ . -- ....._-- - -------- _ _ _ _
• Photo
• Sketch
• GIS
Book Page
B: 0674 P: 0006
B: 0664 P: 0165
Account: R006689
Location
Parcel Number 2103-122-09-020
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 00160Q LIONS RIDGE LP
Legal Summary Subdivision:
DAUPHINAIS-MOSELEY FIL 1 Lot: 20
BK-0536 PG-0221 MAP OS-23-90
Owner Information
Owner Name FORST, TRACY J. &
STEPHANIE G.
Owner Address 18 SANDCHERRY
LITTLETON, CO 80127
Transfers
Sale Price Sale Date Reception Number
$13 83,500 I I /04/2003 857270
$1.250.000 02/23/2001 R750550
900 000 01 / 15/ 1997
• Photo
• GIS
�lssessment Historx
Actual (2009) $2,234,330
Primary Taxable $177,850
Taz Area: SC103 M'iil Levy: 44.2270
Type Actual Assessed Acres SQF"T
__—__.._.._.....,______.___._........ ._-- ---_..._.._._. ---..
Improvements $1,434,330 $114,170 3764.000
Land $800,000 $63,680 0.230
Boolz Page
B: 0716 P: 0572
Account: R006691
Location Owner Information
Parcel Number 2103-122-09-021 Owner Name DON E. ACKERMAN
Tax Area SC103 - VAIL (TOWN) - TRUSTEE
SC103 In Care Of Name CHANDELLE
Situs Address 0O155Q LIONS RIDGE LP VENTURES INC
Legal Summary Subdivision: Owner Address 24311 WALDEN
DAUPHINAIS-MOSELEY FIL 1 Lot: 21 CENTER DR
BK-0536 PG-0221 MAP 08-23-90 BOMTA SPRTNGS, FL 34134
Transfers
Sale Price Sale 17ate
139 000 l 1/16/1992
. Photo
• GIS
Reception Number
a
Assessment FIistorv
Actual (2009) $2,190,530
Primary Taxable $174,370
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFf
_ __ �_. .... _ . _ __�__ _ ....._ ____.___..---.. _ .. . .: . __
Improvements $1,390,530 $110,690 3761.000
Land $800,000 $63,680 0.230
Book Page
B: 0595 P: 0056
Account: R006692
Location Owner Information
Parcel Number 2103-122-09-022 Owner Name STIBER, ROBERT G. &
Tax Area SC103 - VAIL (TOWN) - �ITH S_
SC103 Owner Address 1500 LIONS RIDGE
Situs Address 001500 LIONS RIDGE LP �-OOP
Legal Summary Subdivision: VAIL, CO 81657
DAUPHINAIS-MOSELEY FIL 1 Lot: 22
BK-0536 PG-0221 MAP 08-23-90
Transfers
Sale Price Sale Date
715 000 09/15/1995
• Photo
• GIS
Reception Number
Assessment Historv
Actual (2009) $1,802,410
Primary 'I'axable $143,470
Tax Area: SC103 Mill Levy: 442270
Type Actual Assessed Acres SQFI'
�_._ ____._._._..... _.__�_._--__.__._... . _.__----,.r_._ _ _ . __.
Improvements $1,002,410 $79,790 2542.000
Land $800,000 $63,680 0.210
Book Page
B: 0676 P: 0325
Account: R006694
Location Owner Tnfarmation
Parcel Number 2103-122-09-024 Owner Name GOLDEN, PALJL J. &
Tax Area SC103 - VAIL (TOWN') - DIANE D.
SC103 Owner Address 1403 MORAIIIE DR
Situs Address 001403 MORAINE DR VAIL, CO 81657
Legal Summary Subdivision:
DAUPHINAIS-MOSELEY FIL 1 Lot: 24
BK-0536 PG-0221 MAP 08-23-90
R692745 QCD 04-13-99
Transfers
Sale Price Sale Date Receptian Number
Assessment Historv
Actual (2009) $2,118,960
Primary Taxable $168,670
Tax Area: SC103 1VIi11 Levy: 44.2270
Type Actual Assessed Acres SQF'C
.,______..._..__.-- --.r�._.--_ _.__,_. _._ __ .. _..
Improvements $1,318,960 $104,990 3622.000
Land $800,000 $63,680 0.240
745 000 1 U18/1993
Images
_ ......_ _ --------- _ _ __....__
----.._.. ------- —_ --- ---------...._ _ ----_
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Book Page
B: 0625 P: 0428
Parcels
Rec Parcel Number Account Number Condo Parcel Number Condo Account Number
1 210312203001 R033321 210312203002 R033322
2 210312203001 RQ 3�321 210312203001 R033321
3 210312203001 R033321 210312203003 R033323
4 210312203001 R033321 210312203004 R033324
5 210312203001 R033321 210312203006 R033327
6 210312203001 R033321 210312203005 R033326
a c�r
,�; ::._�`.a
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coom to tnese recoru�
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Account: R006374
Location
Parcel Number 2103-122-02-028
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001475 LIONS RIDGE
LP #W
Legal Summary Sabdivision: LIONS
RIDGE FIL 2 Lot: 3 WEST L1NIT
Owner Information
Owner Name STALEY, TREN"1'ON J.
Owner Address 8395 PONDEROSA
DR
PARKER, CO 80138
BK-0530 PG-0044 MAP OS-24-90
BK-0714 PG-0894 BSD 12-24-46
Transfers
Sale Price Sale Aate
$1.020.000 02/27/2006
�405.000 02/24/1994
Im ages
• Photo
• GfS
Page ] of 1
Assessment Historv
Actual (2009) $1,330,500
Primary Taxable $105,910
Tax Area: SC 103 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"T
Improvements $830,500 $66,110 2720.000
Land $500,000 $39,800 0335
Reception Number
?00605829
Book Page
B: 0633 P: 0419
http://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R006374 3/29/2410
Account: R006375
Location
Parcel Number 2103-122-02-029
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001475 LIONS RiDGE
LP #E
Legal Summary Subdivision: LIONS
RTDGE FIL 2 Lot: 3 RESUB OF LOT
3 EAST UMT
BK-0530 PG-0044 MAP OS-24-90
Owner Information
Owner Name DEMING,
FREDERICK W. & LYNNE A.
Owner Address 59 PIPPINS WY
MORRISTO WN, NJ 07960
Transfers
Sale Price Sale Date
�365.000 10/ 1 �/ 1991
]mages
• Photo
• GlS
Page 1 of 1
Assessment Nistorv
Actual (2009) $1,441,870
Primary Taxable $114,770
Tax Area: SC 103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFT
Improvements $941,870 $74,970 3148.000
Land $500,000 $39,800 0.372
Reception Number
Book Page
B: 0�64 Y: 0902
hrip://property. eaglecounty.us/assessor/taxweb/account. j sp?accountNum=ROQ6375 3/29/2010
Account: R009401
Location Owner Information
Parcel Namber 2103-122-02-0] 8 Owner Name CJNITED STATES
Tax Area SC103 - VAIL (TOWN) - POSTAL SERVICE
SCla3 Tn Care Of Name JOAL HORMANN,
Situs Address 001300 N FRONTAGE U.S. POSTAL SERVICE
� W Owner Address REAL ESTATE
Legal Summary Subdivision: L10NS DTVISION, WE 330
R1DGE FIL 3 Block: 1 Lot; 1 BK-0616 SAN BRLJNO, CA 94099
PG-a250 QCD 08-10-93
Transfers
Assessment Historv
Actual (2009) $ ] 0,440,750
Primary Taxable $3,027,820
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"1'
_ _ __ _.
Improvements $5,818,170 $1,687,270 19740.0(30
I.anc3 $4,622,580 $1,340,550 3.790
Sale Price Sale Date Reception Number
34 ] 00 08/20/ 1980_
Images
_ ...... ..... .. _
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Book Page
B_0309 P: 0556
Account: R009456
Location Owner Information
Parcel Number 2103-122-02-017 Owner Name TOWN OF VAIL
Tax Area SC103 - VAIL (TOWN) - SC103 In Care Of Name FINANCE DEPT
Situs Address LIONS RIDGE LP Owner Address 75 S FRONTAGE RD
Legal Summary Subdivision: LIONS RIDGE FIL VAIL, CO 81657
3 TRACT A
BK-0290 PG-0903 QCD 09-06-79
Transters
_ _ _ _.
No Transfer poc�ments
Images
– -- —_.. _._ . _ _
_. _ _ ._ ...
• GIS
Assessment Hist�
Actual(2009) $]45,250
Primary Taxable $42, (20
Tax Area: SC 103 Mill Levy:
44.2270
Type Actual Assessed Acres
Land $ ] 45,250 $42,120 41.500
t-11,1,+V U11L
Account: R006696
Location
Parcel Number 2103-122-09-025
Tax Area SC103 - VAIL (TOWN) - SC103
Situs Address MORAINE DR
Legal Summary Subdivision: DAi3PHINAIS-
MOSELEY FTL 1 TitACT B
BK-0536 PG-0221 MAP 08-23-90
Transfers
Im ages
• GIS
Owner Information
Owner Name DAUPHINAIS-MOSELEY
CONSTRUCTION INC
In Care Oi Name PATRICK DAUPFiINAIS
Owner Address 1404 MORAINE DR
VAIL, CO 81657
No Transfer pocaments
Page 1 of 1
.4ssessment Historv
Actual(2004) $140
Primary Taxable $40
TaxArea: SC103 Mill
Levy:44.2270
Type Actual Assessed Acres
Land $140 $40 0.040
htt�://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R006696 3/29/2010
til:lj V lll l l
Account: R006666
Location
Parcel Number 2103-122-09-001
Tax Areu SC l03 - VAIL (TOWN) -
SC103
Situs Address 001402 MORAINE
DR
Legal Summary Subdivision:
DAUPHINAIS-MOSELEY FIL 1
Lot: 1 BK-0536 PG-0221 MAP 08-23
-90
Owner lnformation
Owner Name ALLEGHENY
ASSOCLATES II LLC
In Care Of Name DAVID L.
EDWARDS, MANAGER
Owner Address PO BOX 1844
FORT COLLINS, CO 80522
Transfers
Sale Price Sale Date
12/18/2008
12/ I 8/��08
�200.OU0 0�/04/1994
Im ages
• Photo
• GIS
Page 1 of 1
Assessment Historv
Actual (2009) $2,000,470
Primary Taxable $159,240
Tax Area: SC ] 03 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"T
Improvements $1,200,470 $45,560 3108.000
Land $800,000 $63,680 0.270
Reception Number
20090056�
�00900»9
Book Page
B: 0639 P 0963
http://properiy.eaglecounty.us/assessor/taxweb/account. j sp?accountNutn=R006666 3/29/2010
� ..,,,.,�...�
Account: R006694
Location
Parcel Number 2103-122-09-024
Tax Area SC103 - VAIL (TOWN) -
SC 103
Situs Address 001403 MORAINE
DR
Legal Summary Subdivision:
DAUPHINATS-MOSELEY FIL 1
Lot: 24 BK-0536 PG-0221 MAP 08-
23-90
R692745 QCD 04-13-99
Transfers
Owner Information
Owoer Name GOLDEN, PAUL J. &
DIANE D.
Owner Address 1403 MORA]NE DR
VAIL, CO 81657
Sale Price Sale Date
�74 5.000 I I/ I 8/ 1993
�mages
• Phato
• GIS
Yage 1 of 1
Assessment Historv
Actual (2009) $2,118,960
Primary Taxable $168,670
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQF"I'
Improvements $1,318,960 $104,990 3622.000
Land $800,000 $63,680 0.240
Reception Number
Book Page
B: 06?� Y: Oa28
http://properiy.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R006694 3/29I2010
r���uuti�
Account: R006693
Location
Parcel Number 2103-122-09-023
Tax Area SC103 - VAiL (TOWN) -
SC103
Situs Address 001450 I,IONS
RIDGE LP
Legal Summary Subdivision:
DAUPHINNAIS-�IOSELEX F]L 1
Lot: 23 BK-0536 PG-0221 IvIAP 08-
23-90
"fransfers
Ow�er information
Owner Name GOOLSBEE,
CHARLES T. & CAROL B.
Owner Address 1450 MORAINE DR
VAIL, CO 81657
Sale Price Sale Date
�6a9.000 09/10/1993
Images
� Photo
• Sketch
• G1S
Page 1 of 1
Assessment History
Actual (2009) $2,167,740
Primary Taxable $172,550
Tax Area: SC103 Mill Levy: 44.2270
Type Actual Assessed Acres SQFT
Improvements $1,367,740 $108,870 3862.000
Land $80Q000 $63,680 0.210
Reception Number
Book Page
B. 0619 P: 0�6i
http:(/property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R006693 3/29/2010
Attachment: F
H�
����r��i���
HEPWt�RTH - PAWLAK GEOTECHNICAL
January 4, 2006
x�V���� M�G� ��, �010
RI wylliams
rJo Victor Mark I)onaldson Architects
Attn: Mark I?onaldson
P.Q. Box 5300
f[er�;��arsi� (':.n•I:t�;t;�„�c�l�i�ic:zl.13��
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MAR 2 � �
TtJW� (�F VAIL
Avon, Colarado 81620
Job No. 10F 0085
Subject: Geologic �ite Assessrnent, Prc�pc�sed Subdivisic�n of Lot 4, Lion's Ridge
Subdivision, Filing 2, ]401 Lians Ridge Laop, Vail, Co[orado.
Ccez�tlemen:
As requested, we have conducted a geologic site assessment ofthe sub�ject prc�perty. The
study was conducted in accc�rdance with our Pr�fessional Services Agreement letter to AZ
Williarns dated December 2�, 2005. The pu�aose ofthe study was to evaluate potential
gealagic canstraints and haz�rds at the site and �ssess their poteritial risks to the proposed
develc�prnent. Geologic canditions were observed during a field recannaissance on
January 3, 200b. We hav� also reviewec3 published gealogic literature and regional
geologic rnappirt�. This report surnmarizes our findings and presents our ryanclusioz�s and
recorrimendations.
PRUPOSED I�EVELt}PMEl�TT
A eurrent subdivision plan was provided to us an March 23, 2010. It is flur understandin�
that L.ot 4 is proposed to be subdivided into two lots as part ofthe overall develo�ment
plan far a secoz�c3 building site �Lot 4B) to the east of the existing residence (Lot �Aj.
If development glans change significantiy from those described above, we shauld be
cantacted for review and additional analysis as needed,
SITE C(}NDITIONS
The praject site is located on the north side ofGore Creek canyon at ari e�evation of
rc�u�hly 8,200 feet. The valley side in the praject area slopes down toward the south.
Natural slopes an the krt range from almut 25% in the lower, central part and transition to
greater than 40°l0 on the hillside above that area. The vegetation on the lot tx�nsists
mainly af native grass and weeds with scattered brush. Expased boulders on the hiZlside
are up to about 4 feet i� size and are subrounded to subangul�r, Sandstone outcraps
locat�d about �00 feet uphill to the narth ofthe property could be potential sources of
rockfa�l. Two and 3 story wood fratne homes aze typical in the Lion's Ridge Subdivisir�n
C'ark�r 3C�3-S41-i i 1�� + l;�al�rr���1�� �i��rit��s {1`}-C3�3-��t�? r`�il�•e���l���rj�i, ��i�` �E:�. ��1�`�t)
�
A1 �il�iams
Page-2-
03J24f l 0
and the Vail Post Qf�ce is 2ocated at�ss Lic�ns Ridge i.00p ta the southeast o£the
prope�ty.
GEULOGIC SETTING
Gore Creek canyon is lacated on a s#ructural platforrn between the Sawatch Range
anticline to the west and the Precambrian core ofthe Gore Range to the east. Both are
first order regional geolagic shvc�ures that developed duriqg the Laramide arogeny about
40 ta 80 million years ago. The northwest trending �ore Range fault zc�ne is lacated
raughIy 3 t� miles ta the northeast of the project site. This stnid:ural feature represents the
transition fmm the Precambrian crystalline rocks that fonn the core of the Gore Range to
Paleazoic sedirnentary rocks to the west on the struc.�tural platfotm. Regi�onal geolagic
mapping shc�ws that the formation rock on the north side of Gc�re Greek canyon in the
project area is the Pennsylvanian age Minturn Fom�atian (Tweto and Lc�veriug, 1�7fi).
The Minturn Formation i� an interbedded conglomerate, sandstane an�d shale with minor
beds of limestone ancl dc�lomite, Bedding near the pro�ect area str�ces to the northeast and
dips at about 4�° to the northwest (Tweta and Lovering, 19�7j. The Gore Range fault
zone rnay hav� been active since the Laramide orogeny, but is not considered to l�ave
been active in Quaternary time, within the last 1.8 million years (Kark�am and Ragers,
1981 �. The closest geologically yaung faults tQ the project area with known ar suspectec�
post-glacial activity, movement within about the last 1�,004 years, are in the Williams
Fork Mountaan fault zone located about 2�} miles ta the northeast ant� in the southem
sectiQn ofthe Sawatch fault z�ne lacated abcrut SS miles to the southeast (Widmann and
Others, �998). Tha upper Gore Creek canyon in the praject area was occupi� by v�lley
glaciers several times dwrizt� the late and middle Pleistocene, Mc�raines associated with
the middle Pleistoeene Bull Lake glaciation are present in the pr�ject vicinity� Post-
glacial calluvium and local outcro�as of the Minturn Formation are pr�sent on the
surrounding hilLsides.
. � �� f� �+►Ze�'�
Surficia� geolagy in the praject area is dominated by Quaternary colluvium, and middle
Pleistocene age glacial mozaine. These surface deposits Qverlie the Pe�tnsylvanian age
Mirtturn ��rmation thraughout the area.
Calluviumz Calluvium in the project area consists mai�Iy o�Minttzrn Formation derived
blcrcks ofc�nglomerate and sarldstone in a silty to clayey sand matrix. The blacles vary
from pebble to boulder size. Frevious $e�technical studies performed in the area indicate
the colluvial deposits are variable thiclrness and overlie Minturn Farmation bedrock.
Minturtt Formatioz�; The Pennsylvanian age Minturn Farmatian comprises as m�tch as
6,300 feet t�f clastic rocks and suhordinate interbedded carbonate rocks between the
Pennsylvanian age Beiden Formation and the Pernrnti�an and Pennsylvanian �►ge Maroon
Forrnation. The Minturn Ft�rmation is darninated by arkosic sandstones, arl�osic
Job Na 106 0085
C���"t
Al Williatns
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conglomerates and shale. Limestone and dt�lomite beds are interbecided with t�ese clastic
mcks, but are.mirzor to the formation. Bedding in th� Minturzz Formation north ofthe
project area dips maderately steep into the hzllside.
GEOL{)aGIC STTE ASSES�MENT
The project site is not exposed tc� snaw avalanche c�r debris flow hazards (Town of Vail,
2000b and 2000c). Canditians of a geologic nature that shavld be considered in project
p�aGnning and design are ct�nstructian re]ated slope instability, rockfall and earthquakes.
The natur�l soils cauld be compressible under loading ant� when wet#ed and evaluatian of
the subsurface conditions should be performed as part of a geatechnicai study for
foundation and grading design ofproposed development on the property.
Construction Related Slope Instability: Deep cuts into the cQlluvial hillside deposits at
the project site could present the pat�tia.t for ct�nstruction-related slope instability if
grading ft�r the proposed struc�ure is not grop�rly engi�a�red. Excavation for the
proposed addition and new residence coutd be relatively extensive with assumed upslope
cut depfhs af 10 feet vr more. A geotechnical engineer should review the propase�i site
grading plan and deve�p appropriate gradirig recomrnendations as part af a site specific
geatechnical study. The fannation rack should be relativety stable for cuts �rfabout'/i
h+arizontal ta 1 vertical or £latter if encountered. (:uts itr the colluvium can be asslzmed as
2 horizontal to 1 vertical c�r flatter in the riry condition.
Rock#'all: The Town ofVail has designated the area in the vicinity ofthe proje�ct site as a
medium to high severity rockfall hazard ar�a (Town of Vail, 2000a), In our opinion,
infrequent rvckfali on the steep cliffs lacateci abaut 200 feet north of the prc�perty is an
active ge�logic process under current environmental conditions and the project site may
iae in the potential rockfall runaut z�ne. Without long-term observatic�ns that axe nat
available, it is not possible to estirnate statistical recurrence prc�babilities fc�r rockfall tbat
could reach th� project site with a high level Qf confidence. A high velocity roc�all that
reaches the prQposed addition or new resicience cvuld potentially cause severe damage
to the st�ucture and cQUtd present a life safety risk to its occugar�ts. If the home owner
�nds this risk acc�ptable, the propased new residence should i� designed and b�t.ilt to
zxot i�crease the hazard risk to the e�cisting residence on Lot 4A or other struetures an�d
faeilities in the neighborhood includiung publie utilitie� and right-of-ways. if this risk is
�t acceptable then the feasibility of mitigation should be considered.
Outcrog stabilization is a possible mitlgation rnethod, but because the outcxog is not on
the lot, pern�ission to access the outc�op will be r�eeded for this type of mitigation. We
und�cstand that there was reparted scaling ofthe autcr�p for the subdivision developtnent
in the 1970's but detaits c�f th,is mitigatian are not knoum to us. A massive catching
structure such as a mectianically stabilized earth {M5E) wal� �ocated up slope ofthe
prop�sed residence may be a f�:asible type af mitiga�ion on the property, A site spe�ific
rockfall dynamic analysis will be needed to evaluate the feasibility of mitigation and tc�
Job Tto. to6 abss
C= u �-
A1 Williams
Page - 4 -
03I241i 0
determine the apprc�priate design rockfall parameters for mitigatian design. In general# the
western part of the pr4posed Lot 4B appears less impacted by potential rockfalL
Earthquake Considcrations: The project area coutd experience earthquake related
grc�und shaking. Historic earthquake ground shaking in the region has been moderately
strong, but has not exceeded Modified Mercalli Int�nnsity VI {I�.irkham and Rogers, 1985).
Modified Mercalli Intensity VI ground shaking should be expected during a reasonable
expasure time for the prc�posed residence, but the probability for stronger ground shaking
is low. Intensity VI ground shaking is felt by mast people and causes general alarm, but
results in negligible damage to structures of good design and constrt�ction. The new
residence should be designed to withstand tr�derately strong ground shaking with little ar
no damage and not to collapse under stronger ground shaking. The U,S. Geolagical
Survey I�iational Seismic Hazard Map indicates that a peak ground aceeleration of O.t}Sg
has a 10°fo exceedence probability for a S�l year exposure time at the project site (Frankel
and C}thers, 2{}42}. This carresponds tc� a statisti�al recurrence time of about SQO years.
The regian is in the i 997 Uniform Bui�ding Cade, Seismic Risk 2one I. Based c�n our
current understanding ofthe earthquake potentia� in this part ofCc�lorada, we see no
reason to increase the previousiy accepted seismic risk zone for the region.
LiMITATit}1�TS
This study was conducted accr�rding to generally accep#ed engineering ge�logy principles
and practices in this area, at this titne. We make no warranty eitheT express or implied.
The conclusions and rect�mmendatians subrnitted in this report are base�i on our fteld
abservations, interpretations of previous geologic and geotechnical studies and mapping,
and our experience in the area. This report has been prepare� exclusively for aur client to
eva�uate the potential intluence of the ge�logy on the proposed development. The
infarmatior� is suitable far plartning and preliminary design. We are not responsible far
techr�ical interpretations by athers c�four infarmation. Geatechnical studies will be
needed to provide geolc�gic hazard mitigation, site grading, and faundatic�n design criteria.
Ifyou have any questions or if w� may be of further assistance, please �et us know.
Respectfully �ubmitted,
HEPWC}RTH - PA
Steven L. Paw1<
and by:
Arthur I}. Buck
Engineering C'xe
ADB/kac
7«� �vn. �or� ooss
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CAL, I1�1C.
_, .��!!�:'.1
Al VVilliams
Page-S-
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4 �i � ;�i �►C��
Frankel, A.I7. and C7thers, 2002. ,i)Qeurn�ntat�on fr�r the 24Q� Updat� di the �ationat
Seismic HazardMaps. U.S. Get�logical �urvey Ogez� Fi�e Repart 02-420.
Kirkhair�, R.M. aia�d Rogers, W.P., �981, Earthquake Potenti�z! in Ccalorado —A
Preliminary Evalur�tion: Colorado Gealagical5urvey Bulletin 43.
Kirkham, R.M., and Rogers, �U',P., ].985, Cr�torado Erir�hquake .Drzta and
Inter,�retatic�rrs 186T tr� 19�5: Colorado Geo�vgical �urvey Bulletin 46.
Town af �lail, ��Oa, Of%cial Rockfall �[a�ard Map, Tor�vn of Vail: Pregared by
Town of Vail, Vail, Colc�rada (Adoptec� by the Town �ouncil on Clctober 17,
z000}.
Town of Vaili 2(lOEJb, Official Debris F1ow Hazard Map, Town of Vail: Prepareci by
Town of Vai�, Vail, Colorado (Adopted by the Town Cc�uucil on October 1?,
2000).
Tawn of Vail, 2000c, Official Avalanche �lfazard Map, Tawn af Vail: Prepar�ed by
Town of Vai1, Vai1, Colarado (Adopted by the Tawn Council on Octal�er 17,
�ooa>.
Tweto, �., and Lovering, T., 19'77, Geo%gy Mup rrf the Mintr�rn 15 Minute
Q!uudrurtg%} Eagte and Sumrnit Ct�unties, �vtar�dr�: United States Geologieal
Survey Prt�fessional Paper 965,
��i. : � i �- a�: ' r � i r i_ e� r s ii � r
)i r :� � i r t rit � • .�• :�� �• •f- •.M• •: :
Jab Na. 106 0085
.
G� h
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Section 12-14-20, Commercial Core Construction,
Vail Town Code, to extend the Construction Mitigation Signage Program,
and setting forth details in regard thereto. (PEC100015)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council on a text amendment to Section 12-14-20, Commercial Core
Construction, Vail Town Code, to extend the commercial core temporary
construction signage for businesses to April 1, 2011.
Staff recommends that the Planning and Environmental Commission forwards a
recommendation of approval, based on the criteria in Section V of this
memorandum. Attached for reference is draft Ordinance No. 8, Series of 2010
(Attachment A).
II. BACKGROUND
On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core
Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These
regulations facilitated the installation of temporary construction mitigation signs
and fencing within the Town's commercial areas to lessen the impact of
redevelopment construction on the Town's businesses, residents, and guests.
These regulations were originally set to expire on April 1, 2008, but were
extended to April 1, 2010 by Ordinance No. 4, Series of 2008.
III. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is proposing amendments to the Town's
regulations of public signage during construction within commercial areas. The
purpose of these text amendments is to grant an extension of these regulations
for one year beyond the April 1, 2010 expiration date currently prescribed by the
Vail Town Code. The extension is needed because streetscape construction is
continuing through the 2010 summer season and signage will help direct guests
to businesses and other activities.
The following are the proposed text amendments, with deletions shown in
c4riLo4hrni,nh and additions in bold:
1
IV
12-14-20: Commercia/ Core Construction (in part)
C. Termination of Section: The authority granted pursuant to this section shall
terminate on April 1, �8 2011, unless sooner extended or terminated by
separate ordinance of the Council.
APPLICABLE PLANNING DOCUMENTS
A. Title 11, Sign Regulations, Vail Town Code (in part)
11-1-2: PURPOSE:
A. Genera/ Purpose: These regulations are enacted for the purpose of
promoting the hea/th, safety, mora/s, and general we/fare of the town of
Vail and to promote the coordinated and harmonious design and
placement of signs in the town in a manner that will conserve and
enhance its natura/ environment and its established character as a resort
and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following
specific purposes:
1. To describe and enab/e the fair and consistent enforcement of
signs in the town of Vail.
2. To encourage the establishment of well designed, creative signs
that enhance the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment
that is aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and
viab/e community.
B. Title 12, Zoning Regulations, Vail Town Code (in part)
12-1-2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting
the hea/th, safety, mora/s, and general we/fare of the town, and to
promote the coordinated and harmonious deve/opment of the town in
a manner that will conserve and enhance its natura/ environment and
its established character as a resort and residential community of high
quality.
B. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for
public facilities.
adequate light, air, sanitation, drainage, and
2. To secure safety from fire, panic, f/ood, ava/anche,
3
L'!
5.
accumulation of snow, and other dangerous conditions.
To promote safe and efficient pedestrian and vehicular traffic
circulation and to /essen congestion in the streets.
To promote adequate and appropriately located off street
parking and /oading facilities.
To conserve and maintain established community qualities
6. To encourage a harmonious, convenient, workable
re/ationship among /and uses, consistent with municipal
deve/opment objectives.
7. To prevent excessive population densities and overcrowding
of the /and with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides,
and other desirab/e natura/ features.
10. To assure adequate open space, recreation opportunities, and
other amenities and facilities conducive to desired living
quarters.
11. To otherwise provide for the growth of an orderly and viab/e
community.
12-3-7: AMENDMENT:
A. Prescription: The regulations prescribed in this tit/e and the
boundaries of the zone districts shown on the officia/ zoning map may
be amended, or repea/ed by the town council in accordance with the
procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this tit/e or a change in
zone district boundaries may be initiated by the town council
on its own motion, by the planning and environmental
commission on its own motion, by petition of any resident or
property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in
zone district boundaries shall be filed on a form to be
prescribed by the administrator. The petition shall include a
summary of the proposed revision of the regulations, or a
complete description of proposed changes in zone district
boundaries and a map indicating the existing and proposed
zone district boundaries. If the petition is for a change in zone
district boundaries, the petition shall include a list of the
owners of all properties within the boundaries of the area to be
rezoned or changed, and the property adjacent thereto. The
owners' list shall include the names of all owners, their mailing
and street addresses, and the /ega/ description of the property
owned by each. Accompanying the list shall be stamped,
addressed enve/opes to each owner to be used for the mailing
of the notice of hearing. The petition a/so shall include such
additional information as prescribed by the administrator.
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application
for an amendment to the regulations prescribed in
this tit/e, the planning and environmental commission
and town council shall consider the following factors
with respect to the requested text amendment:
(1) The extent to which the text amendment
furthers the genera/ and specific purposes of
the zoning regulations; and
(2) The extent to which the text amendment would
better implement and better achieve the
applicab/e e/ements of the adopted goa/s,
objectives, and policies outlined in the Vail
comprehensive plan and is compatib/e with the
deve/opment objectives of the town; and
(3) The extent to which the text amendment
demonstrates how conditions have substantially
changed since the adoption of the subject
regulation and how the existing regulation is no
longer appropriate or is inapplicab/e; and
(4) The extent to which the text amendment
provides a harmonious, convenient, workab/e
re/ationship among /and use regulations
consistent with municipa/ deve/opment
objectives; and
(5) Such other factors and criteria the planning and
environmental commission and/or council deem
applicab/e to the proposed text amendment.
b. Necessary Findings: Before recommending and/or
granting an approva/ of an application for a text
amendment the planning and environmental
commission and the town council shall make the
following findings with respect to the requested
amendment:
(1) That the amendment is consistent with the
applicab/e e/ements of the adopted goa/s,
objectives and policies outlined in the Vail
comprehensive plan and is compatib/e with the
deve/opment objectives of the town; and
(2) That the amendment furthers the genera/ and
specific purposes of the zoning regulations; and
(3) That the amendment promotes the hea/th,
safety, mora/s, and general we/fare of the town
and promotes the coordinated and harmonious
deve/opment of the town in a manner that
conserves and enhances its natural
environment and its established character as a
resort and residential community of the highest
quality.
ART/CLE 12-7B. COMMERC/AL CORE 1(CC1) D/STR/CT
12-7B-1: PURPOSE: The commercial core 1 district is intended to
provide sites and to maintain the unique character of the Vail Village
commercia/ area, with its mixture of /odges and commercial
establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open
space, and other amenities appropriate to the permitted types of buildings
L!
and uses. The zoning regulations in accordance with the Vail Village
urban design guide plan and design considerations prescribe site
deve/opment standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
pedestrianways and public greenways, and to ensure continuation of the
building sca/e and architectural qualities that distinguish the village.
ART/CLE 12-7H. L/ONSHEAD MIXED USE 1(LMU-1) D/STR/CT
12-7H-1: PURPOSE: The Lionshead mixed use 1 district is intended to
provide sites for a mixture of multiple-family dwellings, lodges, hote/s,
fractiona/ fee clubs, timeshares, lodge dwelling units, restaurants, offices,
skier services, and commercia/ establishments in a clustered, unified
deve/opment. Lionshead mixed use 1 district, in accordance with the
Lionshead redeve/opment master plan, is intended to ensure adequate
light, air, open space and other amenities appropriate to the permitted
types of buildings and uses and to maintain the desirab/e qualities of the
zone district by establishing appropriate site deve/opment standards. This
zone district is meant to encourage and provide incentives for
redeve/opment in accordance with the Lionshead redeve/opment master
plan.
This zone district was specifically deve/oped to provide incentives for
properties to redeve/op. The ultimate goa/ of these incentives is to create
an economically vibrant /odging, housing, and commercial core area. The
incentives in this zone district include increases in allowab/e gross
residentia/ f/oor area, building height, and density over the previously
established zoning in the Lionshead redeve/opment master plan study
area. The primary goa/ of the incentives is to create economic conditions
favorab/e to inducing private redeve/opment consistent with the
Lionshead redeve/opment master plan. Additionally, the incentives are
created to help finance public off site improvements adjacent to
redeve/opment projects. With any deve/opment/redeve/opment proposal
taking advantage of the incentives created herein, the following amenities
will be evaluated: streetscape improvements, pedestrian/bicycle access,
public plaza redeve/opment, public art, roadway improvements, and
similar improvements.
12-14-20: COMMERC/AL CORE CONSTRUCT/ON:
A. Endorsement: The town council hereby endorses the commercial core
construction mitigation sign and construction fencing package
(availab/e for public inspection at the offices of the town clerk of the
town of Vail).
B. Regulations: In order to facilitate the implementation of the
commercial core construction mitigation sign and construction fencing
package, the following process shall be substituted for the customary
zoning, design review, and sign review as set forth in this code.
1. All temporary signs, construction fencing, and other temporary
improvements which comply with the commercial core
construction mitigation sign and construction fencing package
��
2. If town staff and a private retailer disagree on the inclusion of
their business signage on the genera/ and direct business
impact mitigation signage, that retailer shall have the right to
appea/ the decision of staff to a three (3) person panel
comprised of the town manager, director of public works, and
director of community deve/opment. This three (3) person
pane/ shall have two (2) business days to convene and make
a ruling on the appeal. Should the private retailer still fee/ that
an incorrect decision was made they can then appea/ the
panel's decision to town council. Appea/ to town council shall
occur after this code's requirements for appea/s are met.
C. Termination Of Section: The authority granted pursuant to this section
shall terminate on April 1, 2010, unless sooner extended or
terminated by separate ordinance of the council.
C. Lionshead Redevelopment Master Plan (in part)
Section 2.3 Policy Objectives
2.3.1 Renewa/ and Redeve/opment: Lionshead can and should be renewed
and redeve/oped to become a warmer, more vibrant environment for guests
and residents. Lionshead needs an appealing and coherent identity, a sense
of place, a personality, a purpose, and an improved aesthetic character.
D. Vail Village Master Plan
Section V. Goa/s, Objectives, Policies and Action Steps
Objective 1.2: Encourage the upgrading and redeve/opment of residential
and commercia/ facilities.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
V. REVIEW CRITERIA
The extent to which the text amendment furthers the general and
specific purposes of the zoning regulations; and
Staff believes that the text amendment furthers the general and specific
purposes of the zoning regulations, specifically the purpose of "promoting
safe and efficient pedestrian and vehicular traffic circulation" and "to
otherwise provide for the growth of an orderly and viab/e community." The
amendments will facilitate continued redevelopment and growth while
directing pedestrians to additional businesses beyond construction.
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goa/s, objectives,
Staff believes the text amendments further the applicable elements of the Vail
Village Master Plan and Lionshead Redevelopment Master Plan that call for
facilitation of redevelopment and growth. The extension of the signage
program will allow for a more organized and informed public to move through
and around construction projects, which is also a goal of the Town of Vail.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is
inapplicable; and
These supplemental regulations concerning construction in the commercial
cores were originally adopted in the spring of 2005, at the beginning of Vail's
Renewal. These original regulations were intended to help mitigate the
numerous anticipated redevelopment and streetscape projects in Vail Village
and Lionshead. The expiration was extended from April 1, 2008 to April 1,
2010 in order to accommodate the needs of private and public projects,
including Landmark, Lion Square Lodge North, Rucksack, and Solaris.
Conditions have continued to change, with projects such as Solaris still under
construction and new streetscape projects underway in Vail Village and
Lionshead. Staff believes that conditions in construction have changed
enough to necessitate the adoption of the proposed regulations.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives; and
Staff believes that the proposed text amendment will continue to provide a
workable relationship between construction projects and the public. These
amendments are a response to the pace of construction within the core
areas. Creating an undisturbed environment for guests is an essential
objective of the Town during redevelopment.
5. Such other factors and criteria the planning and environmental
commission and/or council deem applicable to the proposed text
amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of approval to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-14-20, Commercial Core Construction, Vail Town Code, to
extend the Construction Mitigation Signage Program, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, the Community Development Department
recommends the Commission pass the following motion:
�l
"The P/anning and Environmenta/ Commission forwards a
recommendation of approva/ to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-14-
20, Commercia/ Core Construction, Vail Town Code, to extend the
Construction Mitigation Signage Program, and setting forth details in
regard thereto. "
Should the Planning and Environmental Commission Town Council choose to
forward a recommendation of approval, the Community Development
Department recommends the Commission makes the following findings:
"Based on a review of the criteria in Section V of Staff's April 26, 2010
memorandum to the P/anning and Environmenta/ Commission and the
evidence and testimony presented, the P/anning and Environmental
Commission makes the following findings:
That the amendments are consistent with the applicab/e e/ements of
the adopted goa/s, objectives and policies outlined in the Vail
Comprehensive P/an and is compatib/e with the deve/opment
objectives of the Town; and
2. That the amendments further the genera/ and specific purposes of
Zoning Regulations; and
3. That the amendments promote the hea/th, safety, mora/s, and general
we/fare of the Town and promote the coordinated and harmonious
deve/opment of the Town in a manner that conserves and enhances
its natura/ environment and its established character as a resort and
residential community of the highest quality. "
VII. ATTACHMENTS
A. Draft Ordinance No. 8, Series of 2010
/_��� �'1'iL�i��_1
ORDINANCE NO. 8
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 12-14-20, COMMERCIAL CORE CONSTRUCTION, VAIL
TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY
CONSTRUCTION SIGNAGE FOR BUSINESSES AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, significant redevelopment construction is proposed and already occurring within
the Town of Vail has many physical and economic impacts on the Town's businesses, guests and
residents; and,
WHEREAS, the Town Council wishes to minimize the negative impacts of this
unprecedented volume of construction activities on the Town's businesses, guests and residents;
and,
WHEREAS, on April 26, 2010, the Planning and Environmental Commission of the Town of
Vail held a public hearing and reviewed and forwarded a recommendation of approval for the
proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with
the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the
Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based upon
Section V of the Staff memorandum to the Planning and Environmental Commission April 26, 2010,
and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section V of the Staff inemorandum dated April 26, 2010; and,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1.
Subsection 12-14-20C, the Vail Town Code is hereby amended as follows (text to be deleted
Ordinance No. 8, Series of 2010
/_��� �'1'iL�i��_1
is in cfriliofHrni �rrH text that is to be added is bold, sections of text that are not amended have been
omitted.)
C. Termination of Section: The authority granted pursuant to this section shall terminate on
April 1, �8 2011, unless sooner extended or terminated by separate ordinance of the
council.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17t" day of May, 2010, and a public hearing
for second reading of this Ordinance set for the 7th day of June, 2010, in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 8, Series of 2010 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for a work session on prescribed regulation amendments to Chapter
12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to establish a new zone district, Townhouse and
Row House District (TRH) District, and setting forth details in regard thereto.
(PEC 100011)
Applicant: Chris Galvin, represented by Mauriello Planning Group
Planner: Bill Gibson
I. SUMMARY
The applicant Chris Galvin, represented by Mauriello Planning Group, is requesting a
work session on prescribed regulation amendments to Chapter 12-6, Residential
Districts, Vail Town Code, to establish a new Townhouse and Row House District (TRH)
District. At this time, there is no application to apply this proposed zone district to any
specific property.
The purpose of this work session is to provide the applicant an opportunity to introduce
the proposed text amendments to the Planning and Environmental Commission and to
provide the Commission an opportunity to ask questions, request additional information
to aid in the review of this request, and to provide the applicant with preliminary
feedback concerning the request. The applicant's request has been attached for
reference (Attachment A).
As this is a request for a work session, the Community Development Department
recommends the Planning and Environmental Commission tables this item to its May
10, 2010, hearing for further deliberation.
II. DESCRIPTION OF REQUEST
The applicant Chris Galvin, represented by Mauriello Planning Group, is proposing to
amend Title 12, Zoning Regulations, Vail Town Code, to establish a new zone district
specifically intended to regulate townhouse development. The applicant is proposing to
name this new district the "Townhouse and Row House (TRH) District." At this time,
there is no application to apply this proposed zone district to any specific property.
The applicant intends the proposed TRH District to address zoning challenges faced by
existing townhouse developments such the Vail Row Houses, the Texas Townhomes,
and others. The Vail Row Houses is an example of a thirteen lot townhouse project
where the western six lots were condominiumized and are treated as a single
development site for zoning purposes, while the eastern seven lots were subdivided fee
simple under Eagle County jurisdiction and are treated as individual development sites
for zoning purposes. The Vail Row Houses are located in the High Density Multiple-
Family (HDMF) District. The HDMF District was intended to regulate multiple-family
projects as a single development site. As a result, the eastern Vail Row House lots
treated as individual development sites are legally non-conforming in regard to many of
the standards prescribed by the Town's Zoning Regulations.
III. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: SIGN REGULATIONS (in part)
12-1-2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting the hea/th,
safety, mora/s, and general we/fare of the town, and to promote the coordinated and
harmonious deve/opment of the town in a manner that will conserve and enhance its
natura/ environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, f/ood, ava/anche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to /essen
congestion in the streets.
4. To promote adequate and appropriately located off street parking and /oading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable re/ationship among /and uses,
consistent with municipa/ deve/opment objectives.
7. To prevent excessive population densities and overcrowding of the /and with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirab/e
natura/ features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viab/e community.
12-3-7: AMENDMENT: (in part)
C. Criteria And Findings:
1. Zone District Boundary Amendment:
a. Factors, Enumerated: Before acting on an application for a zone district
boundary amendment, the planning and environmental commission and town
council shall consider the following factors with respect to the requested zone
district boundary amendment:
2
(1) The extent to which the zone district amendment is consistent with all the
applicab/e e/ements of the adopted goa/s, objectives and policies outlined in the
Vail comprehensive plan and is compatib/e with the deve/opment objectives of
the town; and
(2) The extent to which the zone district amendment is suitab/e with the existing
and potential land uses on the site and existing and potentia/ surrounding /and
uses as set out in the town's adopted planning documents; and
(3) The extent to which the zone district amendment presents a harmonious,
convenient, workab/e re/ationship among /and uses consistent with municipal
deve/opment objectives; and
(4) The extent to which the zone district amendment provides for the growth of an
orderly viab/e community and does not constitute spot zoning as the amendment
serves the best interests of the community as a who/e; and
(5) The extent to which the zone district amendment results in adverse or
beneficial impacts on the natura/ environment, including, but not limited to, water
quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirab/e natura/ features; and
(6) The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district; and
(7) The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject property
was adopted and is no /onger appropriate; and
(8) Such other factors and criteria as the commission and/or council deem
applicab/e to the proposed rezoning.
b. Necessary Findings: Before recommending and/or granting an approva/ of an
application for a zone district boundary amendment, the planning and
environmental commission and the town council shall make the following findings
with respect to the requested amendment:
(1) That the amendment is consistent with the adopted goa/s, objectives and
policies outlined in the Vail comprehensive plan and compatib/e with the
deve/opment objectives of the town; and
(2) That the amendment is compatib/e with and suitab/e to adjacent uses and
appropriate for the surrounding areas; and
(3) That the amendment promotes the hea/th, safety, mora/s, and general we/fare
of the town and promotes the coordinated and harmonious deve/opment of the
town in a manner that conserves and enhances its natura/ environment and its
established character as a resort and residential community of the highest
quality.
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this tit/e, the planning and environmental commission
and town council shall consider the following factors with respect to the
requested text amendment:
(1) The extent to which the text amendment furthers the genera/ and specific
purposes of the zoning regulations; and
(2) The extent to which the text amendment would better implement and better
achieve the applicab/e e/ements of the adopted goa/s, objectives, and policies
outlined in the Vail comprehensive plan and is compatib/e with the deve/opment
objectives of the town; and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no /onger appropriate or is inapplicab/e; and
(4) The extent to which the text amendment provides a harmonious, convenient,
workab/e re/ationship among /and use regulations consistent with municipal
deve/opment objectives; and
(5) Such other factors and criteria the planning and environmental commission
and/or council deem applicab/e to the proposed text amendment.
b. Necessary Findings: Before recommending and/or granting an approva/ of an
application for a text amendment the planning and environmental commission
and the town council shall make the following findings with respect to the
requested amendment:
(1) That the amendment is consistent with the applicab/e e/ements of the
adopted goa/s, objectives and policies outlined in the Vail comprehensive plan
and is compatib/e with the deve/opment objectives of the town; and
(2) That the amendment furthers the genera/ and specific purposes of the zoning
regulations; and
(3) That the amendment promotes the hea/th, safety, mora/s, and general we/fare
of the town and promotes the coordinated and harmonious deve/opment of the
town in a manner that conserves and enhances its natura/ environment and its
established character as a resort and residential community of the highest
quality.
IV. DISCUSSION ITEMS
• Is creating a new zone district the appropriate method for addressing non-
conformities at existing townhouse developments? Or, are granting variances,
establishing special development districts, amending the Town's non-conforming
regulations, amending the definition of "development site", maintaining the status
quo, etc. the appropriate process for addressing these issues?
• Should the zoning standards of a townhouse district be established at a level
rendering all existing conditions conforming? Or, should the zoning standards of
a townhouse district be established at levels reflecting the desired outcome with
the understanding that some existing conditions may be rendered legally non-
conforming?
• Should the zoning standards of a townhouse district include incentives for
redevelopment such as increases in allowable density or GRFA (gross residential
floor area)?
• Should a townhouse zone district address the desired aesthetic character of
townhouse developments? For example, should there be a consistent
architectural theme to townhouse projects or should each individual townhouse
units be allowed it own unique architectural expression?
4
Where in Vail should a townhouse zone district be considered? Should a new
townhouse district be limited to specific geographic or master plan areas of Vail?
Should a new townhouse district be limited to only existing townhouse projects?
If allowed throughout the community, should there be more than one townhouse
district with different zoning standards to reflect the unique character of the
various neighborhoods?
• What additional information does the Planning and Environmental Commission
need to for its further review of this proposal?
V. STAFF RECOMMENDATION
As this is a request for a work session, the Community Development Department
recommends the Planning and Environmental Commission tables this item to its May
10, 2010, hearing for further deliberation.
VI. ATTACHMENTS
A. Applicant's Request
Text Amendment to the Town of Vail Zoning Regulations,
Creating a New "Townhouse and Row House" District
Planning and Environmental Commission
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Submitted i�'Iarch 15, 2010
Kevi.rerll�pril �S, 20�0
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Nlauriello Planning Group
�� 1dF;i lli!HSHER[i I.IRCLE
:'. ;PI� ��!'ll[�r�lillll!��15. Uflfi r,
IfAIL lli!'1f:.•�±:�� "!c•�'r
I. Introduction to the Zoning Code Amendment
'1'hc intcnt of this tckt amcndmcnt to thc'1'own of Vail Zoning Rcgulations is to corrcct a long standing problcmatic
application of Fiigh Dcnsit�� `_�lultiplc 1�ami1�� Zoning to town housc projccts within thc Vail Villagc. '1'hc proposal will
crcatc a ncw `°l'ownhousc Zoning" that can bc applicd to townhousc propertics in thc Vail Villagc arca , proposcd as
thc `°l'ownhousc and Row Fiousc" District �1RFi) and outlincd in Scction 111 of this submittal.
'1'hcrc are scvcral townhousc projccts within thc Vail Villagc arca which wcrc originall�� plattcd as townhousc parccls
undcr liaglc County jurisdiction bcforc thcrc was zoning in liaglc County and bcforc thc '1'own was incorporatcd in
19CC. Zoning was not adoptcd in thc'1'own of Vail until 19C9 (Ordinancc V'o. 7, Scrics of 19C9). '1'hcsc propertics
wcrc thcn zoncd Fiigh Dcnsity ���lultiplc 1�amily (FiD���11�). Cndcr thc 19C9 zoning codc, thcrc was onl�� a front
sctback rcq�urcmcnt and no sidc sctback rcquircmcnts, thcrc was no building hcight limitation and thc GRLtl
limitation (thcn tcrmcd 1�loor �lrca Ratio — Lt1R) was 1.7 to 1, mcaning that 170 sq. ft. of GRLtl was allowcd for cach
100 sq. ft. of total land arca instcad of thc 0.7C to 1 ratio that ckists today. (1'hc 19C9 FiD���11� Zonc District is
attachcd).
V'ow, 4C ��cars latcr, thc zoning on thcsc propertics is morc restrictivc and docs not appropriatcly rccognizc traditional
townhousc dcvclopmcnt, which is dcscribcd as a scrics of attachcd homcs with zcro lot lincs bctwccn thc units.
Cnlikc a condominium dcvclopmcnt, town houscs traditionall�� sit on fcc simplc parccls of land. Cndcr currcnt
FiD���11� zoning, thcsc typcs of lots arc not in compliancc with many of thc FiD���11� zoning provisions. ln ordcr to
address both thc fcc-simplc lot format and thc condominiwn format of town houscs found in Vail Villagc, thc
proposcd district will accommodatc both owncrship formats.
�ls a result, thc applicant is proposing a ncw zonc district, rcfcrrcd to as `°l'ownhousc and Row Fiousc" District
�1RFi). '1'hc '1RFi zonc district will allow for rcdcvclopmcnt of individual units within a townhousc or row housc
configuration, without thc nccd for numcrous varianccs but with rcvicw by thc '1'own of Vail to cnsurc compliancc
with thc rcgulations.
'1'hc proposcd zonc district rc-cstablishcs thc original 19C9 GRLtl allowancc for thcsc propertics, allowing up to a
ratio of 1.7. Fiowcvcr, rcco�mizing that this additional GRLtl should bc mitigatcd, wc arc proposing that for units
which add bc��ond thc .7C ratio that is permittcd toda��, an incrcasc in thc amount of cmploycc housing rcq�urcd by
Chaptcr 14, lnclusionary Zoning, is appropriatc. �ls proposcd, units in thc '1RFi zonc district would bc rcq�urcd to
mitigatc at a ratc doublc that of thc currcnt rcq�urcmcnts.
i\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure 2
II. Proposed Text Amendment
'1'hc purposc bchind this proposal is to strcamlinc thc rcdcvclopmcnt proccss and avoid thc nccd for multiplc
varianccs for cvcn thc smallcst of dcvclopmcnt projccts. ln addition, it is intcndcd to rccognizc and restorc thc
historical dcvclopmcnt rights of townhousc projccts, whilc off-sctting thc additional potcntial through an additional
cmploycc housing rcquircmcnt FiD���11� was uscd as thc basis for thc ncw zonc district, with changcs to allow for
townhousc and row housc dcvclopmcnt '1'hc following is thc proposcd ncw zonc district, along with a dcscription of
why thc modifications arc ncccssar�� to facilitatc townhousc rcdcvclopmcnt
�R1'1CLli J. '1'C)��'V'FiOCSli �V'D RC)��' FiOCSli �1RFi) D1S'1'R1C'1'
12-CJ-1: PCRPOSli:
'1'hc townhousc and row housc district is intcndcd to providc sitcs and maintain thc uniquc charactcr of ckisting
townhousc and row housc dcvclopmcnt in thc'1'own of Vail. '1'ownhousc and row housc dcvclopmcnt has occurrcd
in a varicty of mcthods ovcr timc. ln man�� cascs, thcrc is no cstablishcd homcowncrs association, crcating difficultics
for on-going maintcnancc. Oftcn a townhousc sits on a fcc-simplc owncd lot, with no common owncrship among
thc propertics, and with limitcd party-wall agrccmcnts cstablishing rulcs for rcdcvclopmcnt. ln othcr cascs,
townhouscs havc bccn dcvclopcd on a singlc propert}�, but thc charactcristics of townhousc dcvclopmcnt and
owncrship makc rcdcvclopmcnt morc challcn�ring.
'1'hc townhousc and row housc district was spccifically dcvclopcd to corrcct nonconformitics resulting from changcs
in thcsc Zoning Rcgulations that havc occurrcd ovcr thc last fort}� ��cars, and too allow for rcdcvclopmcnt of attachcd
row dwcllings, without thc limitations of thc prcvious zonc districts which rcq�urcd multiplc varianccs as a result of
subscqucnt rcvisions madc to thcsc Zoning Rcgulations which substantially rcduccd thc dcvclopmcnt potcntial of
thcsc ckisting attachcd row dwcllings. '1'hcsc corrcctions includc, but arc not limitcd to, thc climination of intcrior
sctbacks bctwccn units, allowing ckisting dcnsity and restoration of historical gross residcntial floor arca limitations,
and othcr considcrations to ckisting dcvclopmcnt pattcrns. lt is undcrstood that propertics rcqucsting a rczoning to
this district ma�� bc individuall�� owncd, fcc-simplc lots, and that adjaccnt propertics ma�� not rcqucst a rczoning at thc
samc timc. �ln cntirc townhousc or row housc projcct docs not nccd to comprchcnsivcl�� apply for thc rczoning, and
individual applications will bc considcrcd bascd on scction 12-3-7 of this titic.
'1'hc townhousc and row housc district is intcndcd to cnsurc adcquatc light, air, opcn spacc, and othcr amcnitics
commcnsuratc with attachcd or row dwcllings, and to maintain thc dcsirablc residcntial and resort qualitics of thc
zonc district b�� cstablishing appropriatc sitc dcvclopmcnt standards. Ccrtain nonresidcntial uscs arc permittcd as
conditional uscs, which rclatc to thc naturc of Vail as a wintcr and swnmcr rccrcation and vacation communit�� and,
whcrc permittcd, arc intcndcd to blcnd harmoniousl}� with thc residcntial charactcr of thc zonc district.
'1'hc townhousc and row housc district is intcndcd to guidc and allow for rcdcvclopmcnt of ckisting attachcd row
dwcllings.
12-C J-2: PliR��11'1"1'liD CSliS:
Lodges were removed as a permitted
'1'hc following uscs shall bc permittcd in thc'1RFi district use, as these amendments are not
applicable to lodge development.
limplo}�cc housing units, as furthcr rcgulatcd by chaptcr 13 of this titic.
���lultiplc-family residcntial dwcllings, limitcd to town houscs or attachcd row dwcllings.
12-CJ-3: COV'Dl'1'10V'�1L CSliS:
'1'hc following conditional uscs shall bc permittcd in thc'1RFi district, subjcct to issuancc of a conditional usc permit
in accordancc with thc provisions of chaptcr 16 of this titic:
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure 3
Bcd and brcakfasts, as furthcr rcgulatcd by scction 12-14-18 of this titic.
Communications antcnnas and appurtcnant cquipmcnt.
Fiomc child daycarc facilitics, as furthcr rcgulatcd b�� scction 12-14-12 of this titic.
Privatc unstructurcd parking.
Public and privatc schools.
Public b�uldings, grounds and facilitics.
Public park and recrcation facilitics.
Public utility and public scrvicc uscs.
'1'imcsharc units.
12-C �-4: ACCliSS()RY l'SliS:
'1'hc following acccssory uscs shall bc permittcd in thc'1RFi district
Conditional uses were simplified to
remove uses not appropriate for
townhouse or row house development
(such as funiculars and dog kennels)
Fiomc occupations, subjcct to issuancc of a homc occupation permit in accordancc with thc provisions of scction
12-14-12 of this titic.
Privatc grccnhouscs, tool shcds, playhouscs, attachcd garagcs or carports, swimming pools, or rccrcation facilitics
customarily incidcntal to permittcd residcntial and lodgc uscs.
Othcr uscs customarily incidcntal and acccssor�� to permittcd or conditional uscs, and ncccssar�� for thc operation
thcrco f.
12-C �-7: L()'1' ARL:A A\'D Sl'1'li Dl��Ili\'Sl()\'S:
'1'hcre shall bc no minimum lot sizc. Fiowcvcr, lots shall bc permittcd to
climinatc intcrior lot boundarics to combinc row dwcllings. �ldditionall}�,
minor intcrior lot adjustmcnts shall bc permittcd as ncccssary for
rcdcvclopmcnt, in accordancc with'1'itic 13, Chaptcr C: Condominiwn and
'1'ownhousc Plats.
12-C)-C: sL'1'B�cl�s:
'1'hc minimwn sctback shall bc twcnt�� fcct from thc perimctcr of thc zonc
district or as currcntl}� ckists as of thc datc thc subjcct property is rczoncd
to this district '1'hcre shall bc no sctback from property lincs which ckist
bctwccn attachcd units. �lt thc discrction of thc plannin� and
environmental commission and�or the desi�m review board, variations to
thc sctback standards outlincd abovc may bc approvcd during thc rcvicw of
cktcrior altcrations or modifications subjcct to thc applicant dcmonstrating
compliancc with thc following critcria:
Lot sizes vary based on how the site
was subdivided. In some cases, the lot
lines for townhouses are the exterior
walls of the building, some sit on large
lots in a condominium format, and some
site on fee-simple owned lots extending
from the right-of-way to the rear
property line.
Setback requirements are modeled after
the PA zone district, which allows for
flexibility to be granted based on
specific criteria. It was also amended to
include 0 setbacks from interior lot lines
between units. This eliminates the need
for multiple variances for even the
smallest of additions.
�l. Proposcd building sctbacks providc ncccssary scparation bctwccn buildings and riparian arcas, gcologicall��
scnsitivc arcas and othcr cnvironmcntall�� scnsitivc arcas.
B. Proposcd b�ulding sctbacks compl}� with applicablc cicmcnts of thc Vail Villagc urban dcsign guidc plan and
dcsign considcrations or othcr applicablc dcsign guidclincs.
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure
C. Proposcd b�ulding sctbacks will providc adcquatc availabilit�� of light, air and opcn spacc.
D. Proposcd building sctbacks will providc a compatiblc rclationship with buildings and uscs on adjaccnt
propertics.
li. Proposcd b�ulding sctbacks will result in crcativc dcsi�m solutions or othcr public bcncfits that could not
othcrwisc bc achicvcd by conformancc with prescribcd sctback standards.
12-C J-7: IililGli'1':
1�or a flat roof or mansard roof, thc hcight of buildings shall not ckcccd Overall height remains the same, but in
forty fivc fcct (47'). 1�or a sloping roof, thc hcight of buildings shall not order to maintain the character of the
relationship of townhouses to the street,
ekceed forty ei�rht feet 48' . 1�or units bein�r substantiall�� redevelo ed the
� � � � p � the initial eave height is restricted to 35
initial cavc hcight along a public strcct shall bc 37' subjcct to Dcsi�m Rcvicw ft., subject to DRB review.
Board revicw.
12-C J-8: DliV'Sl'1'Y COV''1ROL:
'1'otal dcnsity shall not ckcccd twcnt��-fivc dwclling units per acrc of total
sitc arca or as currcntly ckists as of thc datc thc subjcct property was
rczoncd to this district.
�l dwclling unit in a multiplc-family building ma�� includc onc attachcd
accommodation unit no largcr than onc-third (1�3) of thc total floor arca of
thc dwclling.
12-CJ-9: GROSS RliS1DliV''1'l�L 1�LOOR �R1s�:
V'ot morc than onc hundred fifty (170) squarc fcct of gross residcntial floor
area (GRL�l) shall be permitted for each one hundred (100) square feet of
total sitc arca. likisting attachcd or row dwcllings in this zonc district shall
not bc cntiticd to additional gross residcntial floor arca undcr scction
12-17-7 "tldditional Gross Rcsidcntial 1�loor �lrca (270 Ordinancc)", of this
titic.
Many of the existing townhouses do not
meet density requirements of the HDMF
zone district, often due to the method of
platting. As a result, density is limited to
25 du per acre (as allowed by HDMF) or
whatever currently exists as of the date
of rezoning.
Many of the existing townhouses do not
meet GRFA requirements of the HDMF
zone district, often due to the method of
platting, and due to the changes to
GFRA requirements, which was
originally permitted at 1.5. This ratio is
re-established by this section. 250s are
no longer permitted in this district.
�lny GRLtl addcd abovc scvcnt��-sik (7C) squarc fcct per 100 sq. ft. of
buildablc sitc arca, is subjcct to spccial provisions as indicatcd in scction 12-C J-12.
12-CJ-10: Sl'1'li COVliRt1Gli:
Sitc covcragc shall not ckcccd fifty fivc (77`%) or thc total sitc arca, or as
currently ekists as of the date the subject property was rezoned to this
district.
12-CJ-11: LtlV'DSC:t1PlV'G �lV'D Sl'1'li DliVliLOP���1liV''1':
�lt lcast thirty perccnt (30`%) of thc total sitc arca shall bc landscapcd, or as
currcntl}� ckists as of thc datc thc subjcct propert}� was rczoncd to this
district.
12-CJ-12: P�RKlV'G �V'D LC)�DlV'G:
Off strcct parking and loading shall bc providcd in accordancc with chaptcr
10 of this titic. Rcq�urcd parking currcntly locatcd in thc front sctback arca
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure
Site coverage and landscape area
remains as permitted by HDMF, or as
exists as of the date of rezoning. Many
existing townhouses do not meet site
coverage and landscaping
requirements due to the method of
platting. End units often comply, but
internal units do not.
Parking requirements must be met as
required by chapter 10. However, as
many townhouses have existing parking
in either the front setback or right-of-
way, this section has been amended to
allow this use to continue, subject to
review by the Town.
and�or within thc right-of-way ma�� continuc, providcd that thc public safct�� is maintaincd and subjcct to a rcvokablc
right-of-way permit issucd by thc'1'own.
12-CJ-13: SPliC1t1L PROV1Sl0V'S:
ln ordcr to mitigatc for thc additional GRLtl bcing allowcd by this chaptcr,
those units which are modified beyond seventy-sik (76) square feet for each
onc hundred (100) squarc fcct of b�uldablc arca shall bc rcq�urcd to ckcccd
thc squarc footagc rcquircmcnts of Chaptcr 14 lnclusionary Rcquircmcnts
by 100`% for that arca in ckccss of scvcnt�� sik (7C) squarc fcct per onc
hundred (100) squarc fcct of b�uldablc arca. 1�or ckamplc, if thc
rcq�urcmcnt is to mitigatc at a ratc of 10`% of residcntial floor arca, thcn thc
mitigation ratc shall bc 20`%.
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure
This zone district would be included into
the inclusionary zoning requirements.
To off-set any impacts of GRFA beyond
what is allowed currently by HDMF, the
inclusionary requirement will be double
what is currently required.
III. Review Criteria for a Text Amendment
'1'hc'1'own of Vail Zoning Rcgulations providc thc critcria for rcvicw of a tckt amcndmcnt 1�or thc purposcs of this
application, cach critcrion will bc addresscd bclow:
1. The extent to which the text amendment furthers the general and specific purposes of the zoning
regulations; and
Our �lnal��sis:
'1'hc '1'own of Vail Zoning Rcgulations, in Scction 12-1-2: Purposc, dcscribcs thc gcncral purposc of thc
rcgulations as follows:
>2->-2: PIIKl'O,St::
li. C,(11(%Cd�' 7i1(S( /"(�lf�Cd/Z(/11S Cd/"( (11CdC/(!� f(//" /�I( �1f7�(/S( (/f �7"(ll'17(//Z11� /il( �I(Cd�/�l� Scdf(/1i I'IZ(//"Cd�.f� cdlll� �(11(%cd� 11'(�fCd/"(
of� tl�e loavn, and lo �romole tl�e coo�zlinaled and barn2oniorrr develr�n2enl of� tl�e lravn in a n2anner lbul �vill conrerve
and enl�ance ilr nalrrral environn2enl and ilr erlablirl�ed cbaracler ar a r-erorl and reridenlial crn�n2rrnil�� of l�igl�
qrrality.
Scction 12-1-2 also providcs thc spccific purposcs of thc rcgulations as follows:
1. To �rovide fr�r adeqrrale li,l�l, air, ranilalion, druinane, and �rrblic facililier.
2. To recrrre rafel�� fi-on2 fire, �anic, floo�l avalancl�e, accrrn2rrlalion of rnoav, und oll�er dun,erorrr condilionr.
3. To�ron2ole rafe and efficienl�ederl�zan and vel�icrrlarlraffic circrrlalion and lo lerren connerlion in lhe rlreelr.
4. Tr�r-r�nrtr adrqrratr arad a�f�r-rf�riatrly lrcatrd rff ��tr-rrt�arkirz� arad lradirz; facilitir��.
5. To conre���e and n�ainlain erlablirl�ed conanarrnily qrralilier and econon2ic valrrer.
6. To encrrrrane u harn2oniorr�; convenienl, avo�kable relalionrl�i� un2onn land rrre�; conrirlenl avill� n2rrnici�al
!�(7,'(�(l�l'IZ(11/ (/f7�(C/Z7,'(S.
7. To�revent excerrive�o�rrlation denritier and over-cr-oavdin, of tl�e lund avith rtrrrctrrrer.
8. To raf�;rra�zl and enl�ance tl�e a��earance of� tl�e loavn.
9. To conre���e and�rolecl avildlife, rlrean2�; avood�; l�illride�; and oll�er-derirable nalrrral fealrrrer.
10. To arrrrre adeqrrate o�en r�ace, r-ecreation o��orlrrnitie�; and otl�er- an2enitier and facilitier condrrcive to derired
livirz� qrrarlrr��.
11. 7r rtbrrl��i��r �rrvidr frrthr,�r-rl��tl� rf ara rr�lrrl�� arad viablr crm�nrrraity.
'1'hc proposcd tckt amcndmcnt also furthcrs thc purposc statcmcnts of thc Vail Zoning Rcgulations. liach of
thc purposc statcmcnts is cicarl�� cnhanccd b�� thc proposcd amcndmcnt.
2. The extent to which the text amendment would better implement and better achieve the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and
is compatible with the development objectives of the town; and
Our �lnal��sis:
'1'hc goals containcd in scvcral of thc'1'own's comprchcnsivc, guiding docwncnts arc applicablc during thc
rcvicw proccss for thc tckt amcndmcnt '1'hc applicablc plan scctions bclow arc idcntificd as rcicvant to thc
rcvicw of this proposal.
Vail Land Csc Plan (in part)
1.0 GrrarralGr-rl��tl�/I�rvrlrf��nrrat
1.1 ��'ail rl�orrld conlinrre lo ,r-oav in a conlrolled environn2enl, n2ainlaininn a balance belaveen reridenlial,
con�n2ercial and recrealional rrrer lo rer��e bolb ll�e virilor and lhe �ern2anenl reridenl.
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure 7
1.3 Tl�r qrrality rf drvrlrf��nrrat ��l�rrrld br �nairatairard arad rrf��radrd l�hrrarvrr-�r����iblr.
1.12 ��'ail rl�orrld accon2n2odale n2orl of� tl�e addilional,�r-ravll� in exirlin, develr�ed arear (infill arear�.
4.0 ��'illane Core � Lionrl�ead
4.2 Increared denril)� in tl�e Core arear ir acce�lable ro lonn ar tl�e exirlinn characler of eacl� area ir �r-ere���ed
tl�or-rrr,l� im�len2enlalion of� lhe Ilrban Derinn Grride Plan.
4.3 7l�r a�nbiaracr rf �'ail �'cllrr�r i�� ini�rr/arat tr tl�r idrratity rf �'ail arad ��l�rrrld br �r-r��rr-vr�J (��calr, alf�irar
C�ICd%CdC/(%� SI'JZCd�� /(/11'11 f((�Z11» I'JZ(/lfll/Cdlll.f� 11Cd/lf%Cd� S(//Zl1» ll1/ZI'JZCd/( SZ'7�(� C(/SI'JZ(l�(l�l/Cdl1 f((�Z11» (117,'Z7"(/111'JZ(11/Cd�
L�lfCd�Z/1'•)
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5.1 �ddilional reridenlial�r-oavll� rl�orrld conlinrre lo rccrrr�rin�urzly in exirlin,; �lalled arear and ar a��r-o��zale
in neav arear a��l�ere hioE� l�a�a�zly do nol exirl.
�.3 �ffrr�lablr rni�lryrr l�rrr��irz� ��l�rrrld br �nadr availablr thrrrr�h �rivatr rffrr/�; a����i��trd by li�nitrd cracrrativr�;
�ro�ided b�� tl�e Toavn of ��'ail a��ill� u��r-o��zule r-erl�zclionr. _
�.4 Kr��idrratial,�r-ra��tl� ��l�rrrld k:rr� �acr l��ith tl�r �narkr/�lacr dr�narad�� frr-a firll rarz�r rf l�rrr��irz� t� f�r��.
�.� Tl�r r.�i��tirz� r�ri�lryrr hrrr��irz� ba��r ��l�rrrld br �rr��rr-vrd arad rrf��radr�l �ddctirraal rni�lryrr l�rrr��irz� rarrd��
rl�orrld be accrn2n2oduled al �u�zed riler lhrorrnl�orrl tl�e con2n2rrnily.
Vail Villagc ���lastcr Plan (in part)
Tl�e ��'ail Koav Ilorrrer ir localed a��ill�in tl�e "��'ail ��'illane.lTarlerPlan" land rrre cul��rry. Tl�e fr�llra��inn rlulednoalr
of tl�e ��'ail ��'illa�e.11arlerPlan ure a��licable lr tl�ir a��licalion:
C�ral #1: I:racrrrrcr�r l�i�h qrralit� rrdrvrlrf��nrrat a�l�ilr �r-r��rr-virz� tl�r rrraiqrrr ar-cl�itrctrrral��calr rf tl�r �'cllrr�r ira rr�lrl°
lo rrrrlain ilr renre of� con�n�rrnily and idenlily,.
C%I7�(C/Z7,'( %.2: I:11C(llf%cd�( /�I( If��%Cdl�Zl1� Cdl1l� /"(!�(7,'(�(l�l'IZ(11/ (/f 7"(SZl�(11/ZCd�Cdl1l� C(ll'171'IZ(7"CZCd� fCdCl�l/Z(S.
i%f7�(C/Z7,'( %.3: �:J1�ICdJ1C( J1(11' !�(7,'(�(l�l'JZ(J1/ CdJ1l� 7"(!�(7,'(�(l�l'J7(J1/ /�17"(llf��l �lff7�ZC ZI'J/�1"(l7,'(I'JZ(J1/S !�(/J1( f71 �%Z7,'Cd/(
!�(7,(�(l�(7'f 11 (//�CZl1� ll1 C(/(l�(%cd/l(/11 11'Z/�l /�I( 7(/11'11.
Prlic�� 1.3.1: Prrblic i�ri�r-rvr�nrrat�� ��l�all br drvrlrf�rd a��itl� tl�r a��rrkirz��ar/icif�atirra rf thr �rivutr ��rctrr a��rrkirz�
11'Z/�l /�I( 7(/11'11.
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lbir area ir exclrrrively mrrlli-fan�ily condrn2inirrn2�rojeclr a��ill� a�er�� lin2iled an2orrnl of� rrr��orl crn�n2ercial. ,Srr�face
�a�kinn ir fr�rrnd ul eacl� rile, avl�ich crealer u� e��� don2inanl virrral inz�rerrion of� tl�e rrrb-area.
Ii' �IZ�( /�I( �(7,'(� (/f !I(7,'(�(l�l'JZ(J1/ ZJ1 I:cdS/ G(//"( C,7"((IC ZS _�(J1(%cd��1' .�/"(cd/(7" /�ICdJ1 /�ICd/ cd��(/11'(!I lfJ1ll(7" (.;�ZS/ZJ1� '7�(/J11J1» /�IZS
urea l�ar tl�e�olenliallo abrorb denrily a��ill�orrl crn��r-on2irin� tl�e cbaracler of tl�e ��'illane. Tl�ir de�elr�n2enl corrld be
cdCC(ll'IZI'IZ(/l�Cd/(!� f71' �Cd//ZCd� Zl1fl�� (/f (.;�ZS/Z11� �Cd/�CZl1� Cd/"(cdS f7cd�Cd11C(!� f71 _�7"((11.f�CdC( Cdl�l�Z/Z(/11S (//" /�17"(llf��l Z11C7"(cdSlll� /�I(
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of �rojecl�; addilional denrily rl�orrld be conridered only in conjrrnclion avill� lhe con2�r-el�enrive r-edevelo�n2enl of
projectr. _
C�(cd/�1i (/11( (/f /�I( I'IZCdll1 (/I7�(C/Z7,'(S /(/ C(/11SZl�(7" Zl1 /�I( 7"(!�(7,'(�(l�l'IZ(11/ (/f cd111' �7"(l�(//1' S�l(/lf�l� I7( /(/ ll'1/�7"(l7,'( (.;�ZS/Z11�
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C(/11SZl�(%Cd/Z(/11S 7"(�Cd/Z7,'( /(/ /"(!�(7,'(�(l�l'IZ(11/ �7"(l�(/SCd�S. 7�I( (l��(///1f11Z/1' /(/ Zl1/7"(/l�lfC( f7(�(/1T _�%Cdl�( S/%lfC/lf7"(!� �7Cd/�Cll1� 11'Z��
�r-eally in��rove �ederl�zani�alion and landrea�e fealrrrer in tl�ir area. Tl�ir rl�orrld be conridered a noal of an1,
/"(!�(7,'(�(l�l'IZ(11/ �7"(l�(/SCd� Zl1 /�IZS Slff7-Cd/"(Cd. ��(7,'(�(l�l'IZ(11/ (//" /"(!�(7,'(�(l�l'IZ(11/ (/f /�IZS Slff7 cd/"(Cd 11'Z�� Cd//%CdC/ Cdl�l�Z/Z(/11Cd� /%Cdf fZC
and�o�rrlalion inlo tl�ir area and n�ay l�ave rinnificanl inz�aclr rr�rn�orlionr of� ,Srrb-�rear 7 and 10."
3. The extent to which the text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no longer appropriate
or is inapplicable; and
Our �lnal��sis:
ln 19C9, whcn thc '1'own of Vail zoncd many of thcsc townhousc and row housc projccts FiD���11�; thc��
gcncrall�� complicd with zoning. '1'hcrc was no minimwn lot sizc, thcrc was onl�� a front sctback of 17 ft. and
thc floor arca ratio was 1.7:1. (scc bclow)
(a} Floor Area: No minimum;
(b} Lot Area: No minimeun;
(C) Setback: Front - 15 feet,
(2) Floor Axea Ratio: The floar area ratip shall not
exeeed 1. 50:1.
{3) pff-aireet ParkinR: Ofi-atreet Qarking shall�be
provided in aeeordanee with requiremente eet forih ia the Supplernentary
regulations.
(4) Off-etreet Loadin�. Off-etreet loading shall be
provided in accordance with the requiremente set forth in t3�e Sup�lementary
regulations.
Fiowcvcr, sincc that timc, amcndmcnt to thc FiD���11� zonc district havc rcndcrcd thcsc propertics
nonconforming with rcgards to almost cvcry dcvclopmcnt standard of thc district, including but not limitcd
to:
Dcnsit��
Lot Sizc
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure
• Strcct 1�rontagc
• Sctbacks
• Landscapc �lrca
• Parking
• Parking Location (front sctback and right-of-wa}�)
'1'hcsc amcndmcnts havc madc rcdcvclopmcnt of individual units rcliant on thc variancc proccss, rathcr than
providing a cicar road map for rcdcvclopmcnt �ls a result, FiD���11� is no longcr appropriatc for thcsc
propertics.
4. The extent to which the text amendment provides a harmonious, convenient, workable relationship
among land use regulations consistent with municipal development objectives; and
Our �lnal��sis:
'1'hc ncw '1RFi zonc district maintains thc uscs that arc permittcd, conditional, and acccssory uscs within thc
FiD���11� zonc district ���1any uscs havc bccn climinatcd from this zonc district that arc not applicablc, but
nonc havc bccn addcd, cnsuring that this tckt amcndmcnt is a harmonious, convcnicnt, and workablc
rclationship among land usc rcgulations.
Such other factors and criteria the planning and environmental commission and/or council deem
applicable to the proposed text amendment.
Our �lnal��sis:
V'ot applicablc.
�\�e�a� Lrine llirhzct. �l �i�a�nlniure and Kri�a� Hriure 90
1969 HDMF Zone District
[ 3 j �ff- etreet Parkin : L ff- street parking ehali be pravided
in accvrdance with requiremente eet farth in the Supplementary regulations.
SFC.TiON 3. HIGH DENSITY NiULTI-FAMILY Y]ISTRICT.
(aj U ses Permitted. A peraon ahall not use any premises in a
High Density Multi-family Dietri�t except as hereinafter permitted.
�1j Useg b Ri ht
{a� Hotels, matels and lodges;
�b) Multi-family dweiling atructures;
{c} Prafesaianal, service and bueiness
affice and studias;
(d) Recreatian Centers;
{e� Libraries, art galleries and museume;
(fj Private clubs;
[�� Parks and playgrounds.;
(2) A��essary Uses by Ri�ht
{ay Re�taurants, bars and retail ser�icea
when located within the prin�ipai use ar on
a porch vr patia appurtenant thereta;
[b} Private swimming paala � playing fields �
tennis caurts� ice skating rinka and buildings
a�cessory thexeto;
tc} Parking spaces in additian ta the minimum
aff-street parking spaces required by the�e
regulatians.
- 17 -
0
1 �
(d] Any other structure ar uae an the same
site with the principal use, iacidental and
accessory therta� and necessary for the
operation of the prinCipal u�e.
� 3 j Gonditional U se s
(a] Public utility and public service
structures and instal�atione;
�by Public Buildings and Grounds; :;,
( c) Ski Lifts and Tows;
�d� Schoals;
(ey Day nurseries and nursery schools;
(f] Hospitals, medical and dental clinics
and centers;
(g) Public transpnrtatinn terminsls;
�h) Gommercial Parking Facilities�
including structures and lots;
tiy Theaters and Convention Facilities;
{j y Arenas;
[k} Bawling Alleys;
tlj Planned Unit Developments.
�b� Re�ulations. The regulationa under which the usee
in a High Density Multi-family District are permitted are as follows:
[1) Minimums; The following minimums shall apply:
- 18 -
1 3
�ay Floor Area; No minimum;
�b) Lot Area: No minimum;
(c] Setback: Fxont - l5 feet.
�2) Floor Area Ratio: The floor area ratio ehali not
exceed 1. 5�:1.
{3) Off- atreet Parkin�q: Off- etx�et parking shall� be
provided in accordance with requireme�t� set forth i� the Supplementary
re gulatione .
[4j ❑ff- street Loadin�. 4ff- street loadir�g ahall be
provided in accordance with the requirements set forth in the Supplementary
re gulatior�s .
SECTION 4. PUBLIC ACCC�MMOi?ATI4I�S i?ISTRICT
�a) Uses Permitted. A persan shall nat use any premises in a
Public Accommodations District except as hereinafter specifically
permitted.
(1) Uses by Ri�ht
�a3 Hotels, matels and ladges;
�bj Single-family and two-family dwelling
stru�tures;
[cj Professionat, eervice and bueineee
offi�es ar�d studios;
(dj Recreation Centers;
(ej Libraries, art galterie� and mueeums;
� 19 -
� , � ;
{fy Pri�ate Glubs;
{gj Parks and playgrounds.
{Z� _AGGe_ssory,L7ses bY, Ri�ht
{aj Restaurant�, bars, and retail services
when loGated within the principal use or on
a poxGh or patio ap�urtenant thereto;
�b) Pri�ate swimming pooZs, playing fields,
tennis Gourts, ice skating rinks and buildings
aGGessory theretc;
�c) Parking spaces in addition to the minimum
off- street parking spaGee required by these
regulations;
tdj Any other structure ar use on the same
site with the princi�al use� incidental and
aGCessory thereto, and neGessary for the
operatian af the prinGi�al use.
{ 3] C onditional U s e s
{aj Publi� utility and puUlic eervice
structures and inatallationa;
{by Pub1iG buildings and grounde;
(cy Ski Lifts;
{d] Schools;
�ey L]ay nurseries and nursery sGhools;
- ZO -
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for a work session on a 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 Development Company, represented by Thomas Miller
Planner: Warren Campbell
I. SUMMARY
The applicant, Vail Resorts Development Company, represented by the Mauriello
Planning Group, LLC, is requesting a work session with the Planning and Environmental
Commission to discuss the pedestrian connections between Lionshead and Cascade to
Ever Vail. The applicant and staff want to walk these connections with the Commission
and discuss the opportunities and challenges of making these strong pedestrian
connections. The applicant has provided exhibits identifying the connections and
highlighting conditions along those connections (Attachment A).
Furthermore, the applicant and staff would like to present the plans that have been
prepared to exhibit the capacity, function, and flexibility of the proposed Ever Vail transit
facility. Town staff and our transit consultant have been working closely with the
applicant to develop a transit facility which adequately addresses the perceived needs
initially and into the future. The Town Engineer has prepared a Summary of Ever Vail
Transit Facilitv Proqram Needs (Attachment B) which discusses the near term and long
term transit needs. Staff believes the transit facility meets the transit needs of Ever Vail
by incorporating a flexible design. The last two sheets of Attachment A depict the
transit facility and its ability to be flexible into the future.
This work session is intended to start building an understanding of the pedestrian
connections and to gain input from the Commission on the transit facility proposal and
possible conclusion to this single aspect. This application is to be tabled to the May 10,
2010, public hearing.
II. ATTACHMENTS
A. Set of 11x17 plans dated April 7, 2010
B. Summary of Ever Vail Transit Facility Program Needs prepared by the Town
Engineer
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Public Works Department
DATE: April 21St, 2010
SUBJECT: Ever Vail Transit Facility Program Needs
The Town of Vail staff in conjunction with the Town's Transit consultant, LSC, has
reviewed the Ever Vail Transit area plan and found it to be acceptable in its current
conceptual form. The review has been limited to the Transit building conceptual layout,
location of short term parking, and general location of the In-Town buses, all other
design aspects with be reviewed as the design progresses.
Based on the Ever Vail Transit Program analysis completed by LSC in March 2010, the
recommended Transit facilities at Ever Vail should accommodate a total of 7 buses (8
preferably but 7 can be easily managed) in the near term and 11 (12 preferably but 11
can be easily managed) in the long term, and should be allocated as follows;
Near Long
Term Term
Vail Transit (In-Town) 2 2
Vail Transit 2 5
ECO Transit 3(4) 4(5)
Total 7(8) 11(12)
Ever Vail Proposed Plan
Vail Transit (In-Town)
The current plan proposed for the Ever Vail site includes 2 stand alone In-Town bus
bays along East street for both the near and long term. This is an ideal location for the
In-Town buses, providing close proximity drop-off for Ever Vail and the Gondola (800'
from Gondola, same as currently exists in Lionshead), energizes both East Street,
Market Street and the Gondola plaza, minimizes impact to travel time and operations of
the In-Town bus, and minimizes conflict area of the In-Town bus travel pattern.
Vail/ECO Transit
The current plan also Includes 4 Vail/ECO transit bus bays that can easily grow to 5, for
the near term, by the elimination of the eastern most parallel parking spaces within the
Transit area. In the long term, the transit area can be easily expanded with the
elimination of all of the vehicular parking within the transit building, thus accommodating
7 independent functioning buses or maximizing 9 parked buses. Both these scenarios
meet the program needs. The loss of the parking is not considered a negative impact,
since short term parking already exists along Market Street and this parking in the transit
area is considered supplemental to the operations until the area is needed for transit. It
is also possible that during non-peak times (Summer & shoulder seasons), when inviting
vehicles into Ever Vail Market Street area is advantageous, the area may be used for
short term parking in lieu of buses and at peak times (Winter) it returns to buses only.
Charter Buses
In addition the ability to serve Charter buses is also critical at Ever Vail, since the Town
currently does not provide a convenient welcoming drop off/pick-up location for Charter
buses. Ever Vail should accommodate 2, preferably 3 charter bus locations for the near
term and 4, preferably 5, for the long term. The current plan is flexible, by means of
signage, to accommodate up to 2 charter buses in the short term in the parallel spaces
shown within the transit area, which can expand as needed by eliminating some of the
angled parking. In the long term scenario where the transit area is expanded to be
maximized for Vail/ECO transit buses as stated above, charter buses would be required
to move to the Frontage Rd. and use the area between the road and the walk, adjacent
to the transit building, as bus pull-offs similar to the proposed bus pull-offs at the
Lionshead Parking structure. This area could accommodate up to 4 Charter buses.
Market Street
As an aside, the concept of diverting buses to stop along Market Street only when
adequate space is not available in the transit center is not recommended. The
congestion of Market street with pedestrians, Hotel operations, short term drop-off, and
inquisitive guests, will make it difficult for buses to function efficiently and safely along
Market Street. And forgoing these issues, while this may be adequate for deboarding
passengers, passengers waiting for the bus would be in the wrong location, and would
be left behind. Though it may be feasible for future versions of the site plan to provide
designated stops for specific routes or services along Market Street, it is very important
in terms of a functional public transit program for passengers to be assured that the
designated location is where their bus will arrive.
Market Street is also not recommended as a location for charter bus parking. As the
noise and air emissions generated by charter buses are not as well regulated as for
public buses, this use could result in negative impacts along the confined space along
Market Street. A better strategy for accommodating charter buses is along the south side
of the Frontage Road.
Recommended Passenger Amenities
Passenger amenities provided at the Ever Vail Transit Center should include the
following:
• Waiting area for approximately 160 total passengers, including 80 seats. This
area would preferably be located adjacent to the bus bays, with a view of the
arriving buses.
• Enclosed, heated waiting area for a minimum of 40 seated passengers. This is
particularly important to accommodate the future charter bus passengers, as
these passengers tend to arrive at the end of the day a relatively long time prior
to their departure. Without bus storage on site, they should be provided with a
comfortable waiting area adjacent to the charter bus loading area.
• Floor space for a touchscreen information kiosk, as well as wall space for a
flatscreen display of real-time bus arrival information.
• Trash receptacles and recycling receptacles.
• In addition, it is assumed that restrooms would be available within a convenient
walk distance of the bus bays.
• Day lockers for those using transit.
• Vending/ATM type services that could be in conjunction with a conveniently
located retail establishment selling coffee, sundries, etc...
• Ticket dispensers for ECO.
• Security measures (i.e. adequate lighting, emergency phone, accommodations
for cameras, etc... )
,.
T(1WN DF VAlL '
MEMBERS PRESENT
Michael Kurz
David Viele
Luke Cartin
Bill Pierce
Sarah Paladino
Henry Pratt
PLANNING AND ENVIRONMENTAL COMMISSION
April 12, 2010
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Swearing in of new members:
Bill Pierce elected Chair
MOTION: Kurz
MEMBERS ABSENT
Tyler Schneidman
SECOND: Viele
David Viele elected Vice-Chair
MOTION: Paladino SECOND: Kurz
Site Visits:
1. Solaris — 143 East Meadow Drive
2. Tansill Residence — 63 Willow Place
3. Mini Golf Course — 560 East Lionshead Circle
VOTE: 6-0-0
VOTE: 6-0-0
15 minutes
Lorelei Donaldson
15 minutes
A request for a recommendation to the Vail Town Council on a proposed major amendment to
Special Development District No. 15, Bishop Park, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an increase in site coverage, a reduction of
the rear setback, and a reduction in landscaping, located at 63 Willow Place/Lot 2, Block 6, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC100012)
Applicant: Douglas and Dhuanne Tansill, represented by K.H. Webb Architects
Planner: Rachel Friede
ACTION: Approved with conditions
MOTION: Kurz SECOND: Pratt VOTE: 4-0-2 (Viele & Paladino recused)
CONDITIONS:
1. Approval of this major amendment to Special Development District (SDD) No. 15,
Bishop Park, shall be contingent upon Town of Vail approval of the related design
review application.
2. The applicant shall submit a site plan and landscape plan a minimum of ten (10)
days prior to the first reading of the adopting ordinance by the Town Council to be
included in the approved development plan of Special Development District No. 15.
3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major
amendment to Special Development District (SDD) No. 15, Bishop Park, the
applicant shall amend and record the Condominium Map for the Vail Village Plaza
Condominiums, pursuant to Chapter 13-6, Condominium and Townhouse Plats,
Vail Town Code.
Page 1
4. Prior to issuance of a building permit, the applicant shall pay a fee-in-lieu for
mitigation of employee housing, per Chapter 12-24, Inclusionary Zoning, Vail Town
Code. The fee shall be determined at the time of building permit issuance.
Commissioners Viele and Paladino recused themselves due to conflicts of interest.
Rachel Friede presented an overview of the proposal and the staff inemorandum.
Kyle Webb, representing the applicant, was available for questions.
Commissioner Kurz asked Rachel Friede to clarify the gross residential floor area (GRFA)
calculations in the proposed ordinance.
Rachel Friede explained that the total GRFA for the SDD would be inputted into the blank if the
250 addition was approved.
Commissioner Cartin noted that the proposal met the review criteria.
Commissioner Pratt asked for clarification that the addition is not located in the flood plain and
asked for clarification that the HOA approved the private storage in the common garage area.
Rachel Friede stated that the H.O.A. had approved of the submitted proposal as a requirement
of the application.
Commissioner Pierce noted his initial concerns about the proximity of the proposed addition to
the creek, but the site visit addressed his concerns.
30 minutes
2. A request for the review of a conditional use permit, pursuant to Section 12-7H-5, Conditional
Uses; Generally (On All Levels Or Outside Of A Building), Vail Town Code, for private outdoor
recreation facilities, as a primary use, in the Lionshead Mixed Use 1 District, to allow for a
miniature golf course located at 560 East Lionshead Circle/Lot 2, Lionshead 6t" Filing, and
setting forth details in regard thereto. (PEC100014)
Applicant: Vail Resorts, Inc., represented by Jeff Babb
Planner: Rachel Friede
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Kurz VOTE: 5-0-1 (Cartin recused)
CONDITIONS:
1. The applicant shall install all fully cut-off light fixtures less than 18 inches
above grade. Lights shall be turned off when the miniature golf course is
closed.
2. The applicant shall install wildlife resistant trash containers on site to match
existing trash containers in the vicinity, or shall remove all trash daily in
compliance with the Vail Town Code.
3. The applicant shall, if deemed necessary by the Town after a joint site visit
once the snow is melted, relocate/regrade the east end of the Gore Valley
Trail within this project area to provide the safest reasonable configuration
to accommodate site distance and provide a reasonable grade for the bike
path in this area.
4. The applicant may make minor changes to the layout of the golf course
holes and shall submit an as-built plan to the Town of Vail prior to final
inspections. Should Town Staff deem the changes to be significant, the
Applicant shall submit a changes to approved plans application for review.
Page 2
5. The applicant shall install signage along the pedestrian path crossings per
the Town of Vail's sign program for the Gore Valley Trail. Signage on Gore
Valley Trail shall be considered "Government signs, including directional
signs, to control traffic or for other regulatory purposes" and shall be
exempt from the review process. The applicant shall submit a design review
application for all other signage on site, including any Business ID signs.
6. The applicant shall install fencing along the Gore Valley Trail a minimum of
two (2) feet from the edge of asphalt and shall maintain said fencing during
the summer months each year that the miniature golf course is operational.
7. The applicant shall paint crosswalks on the Gore Valley Trail at each
crossing within the Miniature Golf Course.
8. The applicant shall submit a weed management plan and gain approval of
this plan by Town Staff prior to construction. The approved plan shall be
implemented during construction to remove and/or control all noxious and
invasive plants.
9. No additional amplified sound shall be permitted to be installed on-site and
any noise associated with this project shall not exceed maximum noise
levels as outlined in the Vail Town Code.
10. The applicant shall install a four rail, split rail fencing along the Gore Valley
Trail.
11. The applicant shall refinish/paint/upgrade the existing split rail fencing to
match the quality of the newly installed fencing.
12. This approval of a conditional use permit shall expire on October 15, 2013.
Commissioner Cartin recused himself due to a conflict of interest.
Rachel Friede presented an overview of the proposal and the staff inemorandum.
Jeff Babb, representing Vail Resorts, presented a detailed summary of the proposal.
Commissioner Kurz inquired as to the retaining walls on the site and the interactions between
the bike path and golfer parking.
Jeff Babb explained that the retaining walls shown were not going to be installed and the grade
will be graded out so that the children's ski yard will not be negatively impacted. He further
expressed that it was Vail Resorts concern as well that safety was of primary concern. He
described the multi-use trail, the numbers of people purchasing gondola tickets in the summer
which had to cross the path, and the incorporation of striping on the path and signage alerting
people to the interactions ahead on the path.
Jim Lamont stated that he asked the applicant to review the covenants and respect the land
uses permitted. He further cautioned that in the past the miniature golf fell in disrepair and
wasn't of the level of the neighborhood.
Tom Allender, Vail Resorts Planner, stated that he had looked at the covenants in the time since
the site visit and pointed out that it was the same language as found under Pirate Ship Park.
Jeff Babb stated it was the intent of Vail Resorts to maintain the property.
Commissioner Pierce inquired as to the time period of the conditional use permit.
Rachel Friede stated that the request was in perpetuity.
Page 3
Several Commissioners expressed that this area was currently congested and this could make it
no worse.
Commissioner Pratt stated that he had concerns with the bike path crossing a land use that will
attract families and uncontrolled children. He would like to see the path located on the north side
of the restroom building.
Rachel Friede expressed that the Town Engineer has stated that he would prefer the path is on
the south side of restroom structure, but closer to the structure would have been preferred.
Jeff Babb addressed several questions the Commissioners had regarding the bike path and
grade changes on the north side of the restroom structure.
Commissioner Pierce summarized the questions the Commission has regarding the ability to
relocate the Gore Creek Trail, shift it north, or relocate it around the south side of the miniature
golf course.
Tom Kassmel, Town Engineer, summarized a meeting he had with the applicant regarding all the
options presented with regard to the bike path. He explained the pros and cons of the several
scenarios. He concluded by stating that the solution being proposed was the best scenario
under the current circumstances.
Commissioner Kurz inquired for more detail on the materials being proposed for the golf course.
Jeff Babb described the materials and low lying nature of the proposal so it works for its primary
use as a ski yard.
Commissioner Pierce stated that he would like to suggest a fourth railing be added to the
existing and proposed fence in order to prevent children from sneaking under the fence. He
further asked to have the existing railings repaired.
30 minutes
3. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulation
Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public
parking on private property signage, and to define the term first floor for the purposes of
calculating allowable sign area, and setting forth details in regard thereto. (PEC100010)
Applicant: Pete Knobel, represented by Mauriello Planning Group
Planner: Bill Gibson
ACTION: Recommendation of approval with modification(s)
MOTION: Viele SECOND: Paladino VOTE: 6-0-0
MODIFICATIONS:
1. Proposed section 11-7-15-A-1, should be modified to read as follows:
1. Number: T�••�� One sign per public entrance, unless the Design Review
Board determines f°����� additional signs are necessary to promote the safe and
efficient flow of traffic.
2. Proposed Sections 11-7-15-A-8-a and 11-7-15-A-8-b should be modified to read as
follows:
Page 4
a. Public parking and loading signs shall include language and symbols identifying
parking and loading bays available to the public on no less than fifty percent (50%)
of the total sign area.
b. Signs may identify the owner or the project name and logo.
r�nrnnn+ .�.f +hn +�+�I cinn �rn�
Bill Gibson presented an overview of the proposal and the staff inemorandum.
Commissioner Pierce stated that from the memorandum it appeared Staff had thought about the
topic very thoroughly. He had no further questions.
Commissioner Kurz noted that the based upon the site visit the proposed sign size changes
were appropriate. He inquired as to the design standards that controlled sign lighting.
Bill Gibson explained the Sign Code lighting regulations.
Commissioner Cartin inquired with an example of a concern about second floor spaces just
building a single access and being considered first floor.
Bill Gibson explained that the language, "pedestrian way" was included to prohibit a single stair
case qualifying as a first floor level structure. He continued by presenting the final element of the
applicant's request.
Commissioner Kurz inquired as to the location of the public parking signs in the right-of-way. He
suggested that it may only be appropriate in a median. He further inquired as to how the size of
the sign was measured. Did it include the base of the structure? He felt the sign should be
restricted to six square feet.
Bill Gibson explained how signage is measured and it does not include the base.
Commissioner Pierce pointed out that the proposed amendment to put signage in the right-of-
way would be at the discretion of the Town.
Commissioner Cartin suggested the proposal for the public parking signage be reversed to
require a minimum of 50% of the sign face be used to identify the public parking.
Dominic Mauriello, representing the applicant, presented a summary of the proposal.
Commissioner Viele noted his support for a recommendation of approval to the Town Council,
and complimented Staff on the concise code language addressing complex issues.
Commissioner Cartin stated that his concerns were expressed earlier.
Commissioner Pratt recommended the number of remaining available parking spaces be
identified on public parking signs.
Commissioners Kurz, Paladino, and Pierce had no further comment.
Commissioner Pierce noted that the proposed amendments were well written.
There was no public comment.
Page 5
45 minutes
4. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master
Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for transportation
improvements in Lionshead (generally located at the Lionshead Parking Structure and the
Concert Hall Plaza bus stop) and setting forth details in regard thereto. (PEC100009)
Applicant: Town of Vail, represented by Braun Associates
Planner: Warren Campbell
ACTION: Recommendation of approval
MOTION: Kurz SECOND: Cartin VOTE: 6-0-0
Warren Campbell presented an overview of the proposal and the staff inemorandum.
Tom Braun, representing the applicant, presented a detailed description of the proposal.
Commissioner Viele asked for clarification about the "build-to-line" policies and impacts this
proposal may have on those issues.
Tom Braun and Warren Campbell clarified that this proposal does not affect the existing build-to-
lines.
Commissioner Kurz asked for clarification about the location of the visitor information center.
Tom Braun identified the currently proposed location in the auxiliary building.
Commissioner Paladino asked for further clarification about how guest interact with the new
visitor center, what input was received from businesses in Lionshead,
Commissioner Pierce noted that Arrabelle should already provide sufficient loading.
Tom Kassmel agreed and identified how the plan is proposing to eliminate loading from the
parking structure to maintain existing snow storage opportunities.
Commissioner Cartin asked for clarification about snow storage areas and connections to the
different bus routes. Commissioner Cartin asked for clarification about the building height limits.
Tom Braun and Warren Campbell clarified the height standards of the General Use District and
the Lionshead Redevelopment Master Plan recommendations for this property.
Commissioner Pierce asked for further clarification about any impacts to the Lionshead area
build-to-lines.
Tom Kassmel and Tom Braun clarified that specific sections of the previous proposal master
plan amendments addressing this issue.
5 minutes
5. A request for a work session on a major exterior alteration, 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)
Page 6
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
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
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 April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
7. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendment, 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 April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
8. A request for a final review of a variance from 12-71-14, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage below grade, within
"Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031
(Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy
Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon
Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description
is available for inspection at the Town of Vail Community Development Department), and setting
forth details in regard thereto. (PEC090035)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
9. A request for a final recommendation to the Vail Town Council for a proposed major amendment
to Special Development District No. 4, Cascade Village, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial
Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the
properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West/Lot
54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
Page 7
5 minutes
10. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
11. 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: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
12. A request for a final recommendation for 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 April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
5 minutes
13. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH)
District, and setting forth details in regard thereto. (PEC100011)
Applicant: Chris Galvin, represented by K.H. Webb Architects/Mauriello Planning Group
Planner: Bill Gibson
ACTION: Table to April 26, 2010
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
14. Approval of March 22, 2010 minutes
MOTION: Kurz SECOND: Cartin VOTE: 5-0-1 (Pratt recused)
15. Information Update: A discussion about Section 12-5-5, Additional Gross Residential Floor Area
(250 Ordinance), Vail Town Code.
Commissioner Pierce requested that the Commission and Staff discuss the existing Town Code
requirement that all allowable GRFA must be constructed on a property before that property is
eligible to use the "250 Ordinance" additional GRFA provisions.
Bill Gibson presented the history of the "250 Ordinance" policy and regulations. He also
described the 2004 GRFA regulation amendments, including the effect that multiple-family
properties must re-calculate their existing GRFA due to the calculation method changes of 2004.
Commissioner Pierce sited examples were individual owners wishing to remodel their properties
bore the financial costs individually for re-calculating the existing GRFA for entire multiple-family
buildings and subdivisions.
Page 8
Commissioner Pratt noted that the cost of re-calculating GRFA for multiple-family buildings and
subdivision could be thousands of dollars.
The Commissioner Viele agreed that requiring the existing GRFA to be re-calculated and
requiring any remaining allowable GRFA to be constructed before individual property owners
were eligible for the "250 Ordinance" is burdensome.
The Commission directed Staff to draft Town Code amendments to be discussed at a future
Commission public hearing.
16. Adjournment
MOTION: Kurz SECOND: Viele VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the
public hearing in the Town of Vail Community Development Department. Please call (970) 479-
2138 for additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published April 9, 2010, in the Vail Daily.
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