HomeMy WebLinkAbout2010-0927 PEC PLANNING AND ENVIRONMENTAL COMMISSION
September 27, 2010
1:00pm
TOWNOFVALL `
TOWN COUNCIL CHAMBERS/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Lightning Shelter—Vail Golf Course
2. Boymer Residence— 1817 Meadow Ridge Road
30 minutes
1. A request for the review of a conditional use permit pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities,
and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E,
Vail Village Filing 7; and setting forth details in regard thereto. (PEC100044)
Applicant: Vail Recreation District, represented by Scott O'Connell
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
2. A request for review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback,
located at 1817 Meadow Ridge Road, Unit 6/Lot 21, Buffehr Creek Subdivision, and setting forth
details in regard thereto. (PEC100040)
Applicant: Robert Boymer
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
30 minutes
3. A report to the Planning and Environmental Commission on an administrative determination,
pursuant to 12-3-3(A), Administrative Actions, Vail Town Code, regarding the ability of a property
owner to establish a development site comprised of multiple lots of record, portions of a lot of
record, a combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds, without the review of a subdivision pursuant to the provisions of Title 13,
Subdivision Regulations, Vail Town Code.
Applicant: Town of Vail
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
30 minutes
4. 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
Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area
signage, and setting forth details in regard thereto. (PEC100041)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
Page 1
5 minutes
5. A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new
structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related
facilities, located at 395 South Frontage Road West/Lot 1, Block 2, Vail Lionshead First Filing,
Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead
Circle rights-of-way, and setting forth details in regard thereto. (PEC100042)
Applicant: Town of Vail, represented by Tom Braun
Planner: Warren Campbell
ACTION: Table to October 11, 2010
MOTION: SECOND: VOTE:
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 November 8, 2010
MOTION: SECOND: VOTE:
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 November 8, 2010
MOTION: SECOND: VOTE:
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 November 8, 2010
MOTION: SECOND: VOTE:
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
Page 2
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 November 8, 2010
MOTION: SECOND: VOTE:
5 minutes
10. 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: Table to November 8, 2010
MOTION: SECOND: VOTE:
5 minutes
11. 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 November 8, 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 November 22, 2010
MOTION: SECOND: VOTE:
5 minutes
13. A request for the review of a conditional use permit pursuant to Section 12-6H-3, Conditional
Uses, Vail Town Code, to allow for a private parking structure (the seasonal leasing of existing
private parking spaces), located at 434 South Frontage Road (Lunar Vail)/Lot 1, Resubdivision of
a part of Tract D, Vail Village 5th Filing, and setting forth details in regard thereto. (PEC100043)
Applicant: Vail Mountain View Residences on Gore Creek, represented by Jack Hunn
Planner: Bill Gibson
ACTION: Withdrawn
Page 3
14. Approval of September 13, 2010 minutes
MOTION: SECOND: VOTE:
15. Information Update
16. 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 September 24, 2010, in the Vail Daily.
Page 4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2010
SUBJECT: A request for the review of a conditional use permit pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of active outdoor
recreation areas, facilities, and uses (lightning shelter), generally located at the
#3 green of the Vail Golf Course/Tract E, Vail Village Filing 7; and setting forth
details in regard thereto. (PEC100044)
Applicant: Vail Recreation District, represented by Scott O'Connell
Planner: Bill Gibson
SUMMARY
The applicant, Vail Recreation District, is requesting a conditional use permit to allow for
the construction of a lightning shelter at the Vail Golf Course. Based upon Staff's review
of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented, the Community Development Department recommends approval
of this application subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Vail Recreation District, is proposing to construct a lightning shelter near
hole #3 of the Vail Golf Course. The proposed lightning shelter is located within the
General Use District. The proposed lightning shelter is a one-story "Bavarian theme"
structure intended to be aesthetically compatible with the new pump house and storage
facilities recently constructed near hole #11. The lightning shelter is proposed to be
constructed on a 17 foot by 17 foot square concrete slab. The supporting shelter walls
are proposed to be painted stucco and stained wood siding with integrated seating
benches. The Town of Vail Design Review Board required that the lower portions of the
walls be stucco to a height of 42 inches with the higher portions of the walls to be wood
siding. There are no exterior walls associated with the proposed lightning shelter. The
lightning shelter roof is proposed to be 18 feet by 18 feet square in area with a building
height of 11 feet and 8-7/8 inches. The roof is proposed to be constructed with exposed
timber rafters, gray synthetic slate tiles, and copper flashing.
A vicinity map (Attachment A), the applicant's request (Attachment B), architectural
plans (Attachment C), and letters from adjacent property owners George Johnson and
William McIntyre (Attachment D) have been attached for review.
III. BACKGROUND
In 2008, the Vail Recreation District installed a lighting detection system at the Vail Golf
Course for the safety of their patrons and staff. The system was designed to alert
golfers to the presence of lighting near the course, but did not provide shelter for golfers
during inclement weather. As part of their current golf course master planning process
with consultant Atkinson/Phelps Golf Course Architects, the Vail Recreation District has
1
identified the need for new lightning shelters in several remote locations of the golf
course.
On September 13, 2010 the Planning and Environmental Commission approved a
similar request for a new lightning shelter near holes #11/#17 at the Vail Golf Course.
Ned Gwathmey, GPSL Architects, voiced opposition to a new lightning shelter at hole #3
of the Vail Golf Course on behalf of adjacent property owners George Johnson (1195
Hornsilver Circle) and William McIntyre (1191 Hornsilver Circle).
On September 15, 2010 the Design Review Board approved the #11/#17 lightning
shelter and the subject #3 lightning shelter with design modifications that the lower
portions of the walls be stucco to a height of 42 inches with the higher portions of the
walls to be wood siding. The Design Review Board also applied the condition that their
approval is contingent upon the applicant obtaining a conditional use permit for each
shelter.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-9C: GENERAL USE DISTICT
Section 12-9C-1: Purpose:
The general use district is intended to provide sites for public and quasi-public uses
which, because of their special characteristics, cannot be appropriately regulated by the
development standards prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in Section 12-1-2 of this title and to
provide for the public welfare. The general use district is intended to ensure that public
buildings and grounds and certain types of quasi-public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail, to
harmonize with surrounding uses, and, in the case of buildings and other structures, to
ensure adequate light, air, open spaces, and other amenities appropriate to the
permitted types of uses.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
2
V. SITE ANALYSIS
Legal Description: Tract E, Vail Village Filing 7
Zoning: General Use District
Land Use Plan: Park
Current Land Use: Vail Golf Course
Development Standard Required Proposed
Setbacks (min) per PEC west 20', south 23', north 85', east 90'
Height (max) per PEC 11'-9"
Site Coverage (max) per PEC 1%
Landscaping Area (min) per PEC 99%
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Vail Golf Course Outdoor Recreation
South: Vail Golf Course Outdoor Recreation
Residential Two-Family Primary/Secondary District
West: Residential Two-Family Primary/Secondary District
East: Residential Two-Family District
VII. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
The Vail Golf Course is an allowed land use in the General Use District. Staff believes
the proposed lightning shelter is a safety feature necessary for the operation of this
public golf course. The proposed lightning shelter is intended to provide temporary
refuge for golf course patrons during periods of inclement weather.
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.
Staff believes the proposed lightning shelter is necessary for the safe operation of the
Vail Golf Course recreation/public facilities.
The proposed shelter is one story in height and does not have enclosing walls. This
design is intended to minimize the appearance of building bulk and mass and to
minimize impacts to light and air. The applicant is proposing to construct the proposed
lighting shelter in a location they believe will provide emergency golfer access with the
least visual impact to adjacent property owners.
There are no utilities such as water, sewer, electrical, or mechanical associated with the
proposed lightning shelter.
The proposed lightning shelter is only intended as a temporary refuge from inclement
weather. Staff does not believe the proposed shelter will negatively affect the
distribution of populations, transportation facilities, schools, or park facilities.
3
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.
The proposed lightning shelter is located on the golf course and is only intended to be
accessed by golf course patrons from the course. The proposed lighting shelter is not
designed to be accessed from a public street, bike trail, or sidewalk. Staff does not
believe the proposed lightning shelter negatively affects the traffic concerns identified by
the criterion.
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.
The proposed lightning shelter is a one story "Bavarian theme" structures intended to the
aesthetically compatible with the new pump house and storage facilities recently
constructed near holes #11. The proposed lightning shelter does not have enclosing
walls. This design is intended to minimize the appearance of building bulk and mass.
The applicant is proposing to construct the proposed lighting shelter in a location they
believe will provide emergency golfer access with the least visual impact to adjacent
property owners.
VIII. RECOMMENDATION
The Community Development Department recommends approval of a conditional use
permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the
construction of active outdoor recreation areas, facilities, and uses (lightning shelter),
generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7,
and setting forth details in regard thereto. This recommendation is based upon the
review of the criteria outlined 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 passes the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town
Code, to allow for the construction of active outdoor recreation areas, facilities,
and uses (lightning shelter), generally located at the #3 green of the Vail Golf
Course/Tract E, Vail Village Filing 7; 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 VII of the Staff
memorandum to the Planning and Environmental Commission dated September
27, 2010, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permit is in accordance with the purposes of
the Zoning Regulations and the Outdoor Recreation District.
4
2. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Architectural Plans
D. Letters From Adjacent Property Owners Johnson and McIntyre
5
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VAIL RECREATION
D l S T R I C
To:TOV Planning and Environmental Commission
From:Vail Recreation District
Date:08/04/10
RE:Vail Golf Course Lightning Shelters
The Vail Recreation District(VRD) is currently working on plans to construct 2(two)lightning shelters on the Vail
golf course.
Background:
The Vail Golf Course is owned by the Town of Vail (TOV)and leased to the Vail Recreation District(VRD)to operate.
The VRD installed a lightning detection system in 2008 to alert guests on the course to lightning in the area. It was
determined that although we have a sophisticated system for detection we do not provide adequate shelter for
those guests located in remote areas of the course. We are currently working with the Atkinson/Phelps Golf
Course Architects on a golf course master plan and they have recommended that we provide lightning shelters for
guests on the golf course in several remote locations. It is our intention to install these shelters in the fall of 2010.
Purpose:
The purpose of this project is to provide safe shelters for guests in remote areas on the Vail Golf Course during
lighting storms.
Details:
This project will involve the excavation,foundation installation,framing and finishing of 2 (two)identical structures
on the Vail Golf Course. The proposed locations for these are west of the fl 3 green and north of the#17 tee. The
proposed structures would have an 18'X 1W foot print and be designed with the same Bavarian theme utilized at
the Vail Golf Course pump house and storage facilities. They would be "open" on all 4(four)sides and would not
have any utilities other than a small irrigation line to feed hanging planters. We would consider these structures
"simple but tasteful".
We believe that this project will contribute to the Vail's objectives of providing a safe and healthy environment for
both locals and guests visiting the Vail Golf Course,it also coincides with our"Safety 1'`" philosophy for the Vail
Recreation District. We are not incorporating any lighting or other utilities into this project. There will be no
impact on local traffic as these are pedestrian structures and only accessible via the golf course.
Thank you for your time.
Sincerely,
Scott F.O'Connell
Building, Facility& Maintenance Manager
Vail Recreation District
(970)477-5264
socon ne It @va it rec.com
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GEORGE DEAN JOHNSON, JR.
P.O. Box 3524
SPARTANBURG, SOUTH CAROLINA 29304-3524
Sent Via: Federal Express
September 8, 2010
Mr. Bill Gibson
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Dear Mr. Gibson,
I tried to reach you by phone today and still hope to visit with you. I am writing to tell
you that we own the home at Hornsilver Circle and Vail Valley Drive. We have been
there fourteen years. We look out over the third green. We oppose the application for
the shelter in front of our house. I am happy to discuss with you the reason for
opposition but I would like to be listed as one who vigorously opposes. We will be
represented at the hearing.
Thanking you, I am,
Sincerely,
,...v..
George D. Johnson, Jr.
GDJJ r/sw
Cc: Ned Gwathmey
Deborah Tennant
WILLIAM S. MCINTYRE IV
12222 MERIT DRIVE, SUITE 1660
DALLAS,TEXAS 75251
972/702-9004 • FAX 972/687-0606
E-Mail • WSMcIntyre@ACIG.com
September 9, 2010
VIA FEDERAL EXPRESS
Mr. Bill Gibson
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Dear Mr. Gibson:
I am writing to tell you that we own a home next door to the Johnson's at the corner of
Hornsilver Circle and Vail Valley Drive. We have been there fourteen years. We look out over
the third green. We oppose the application for the shelter off to the side of the third green near
Vail Valley Drive. I am happy to discuss with you the reason for opposition, but I would like to
be listed as one who vigorously opposes.
Sincerely,
?e,e
William S. McIntyre
WSM:kc:29580W
cc: George Dean Johnson, Jr.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2010
SUBJECT: A request for review of a variance from Section 12-6F-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an
addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6/Lot
21, Buffehr Creek Subdivision, and setting forth details in regard thereto.
(PEC 100040)
Applicant: Robert Boymer
Planner: Rachel Friede
The applicant requests that this item be tabled to the October 11, 2010 PEC hearing.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2010
SUBJECT: A report to the Planning and Environmental Commission on an administrative
determination, pursuant to 12-3-3(A), Administrative Actions, Vail Town Code,
regarding the ability of a property owner to establish a development site
comprised of multiple lots of record, portions of a lot of record, a combination of
lots of record or portions thereof, or a parcel of land described by metes and
bounds, without the review of a subdivision pursuant to the provisions of Title 13,
Subdivision, Vail Town Code.
Applicant: Town of Vail
Planner: Warren Campbell
SUMMARY
The Town of Vail Staff has prepared this memorandum to the Planning and
Environmental Commission in order to inform the Commission of an administrative
determination that was made regarding a provision of the Vail Town Code regarding the
establishment of a development lot or site pursuant to 12-3-3(A), Administrative Actions,
Vail Town Code. Staff made its determination after reviewing the Code that a
development site can be established by property owners without a formal process.
Based upon Staff's review of the Code as outlined in Section III of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission affirms staffs determination.
II. DESCRIPTION OF THE REQUEST
Recently, Mery Lapin, the owner of two adjacent properties on West Meadow Drive
inquired with the Town Staff with regard to the redevelopment of his two lots. His initial
concept is two remove the structure upon each individual lot and reconstruct a single
structure across the shared property line. In response to this request Town Staff
reviewed the Code with regard to the regulations pertaining to a concept of this nature.
The portions of the Code that were examined include Title 12, Zoning Regulations, and
Title 13, Subdivision Regulations, Vail Town Code. These portions of the Code were
examined as they contain the regulations which determine the processes for land use
development. The Code Sections that Staff found to be applicable are found in Section
III of this memorandum. In reviewing Title 12 of the Code Staff found references to the
ability to utilize lots or sites in numerous zone districts as the basis for the zoning
parameters which establish development potential. Furthermore, in reading the Title 12
definition of"lot or site" it is clear that a "lot or site" can be comprised of multiple different
land defining methods from platted to metes and bounds descriptions.
With this information Staff was left with the questions of who can establish a
development "lot or site" and the process that was required by the Code. These
questions pointed staff in the direction of reviewing Title 13. Sections 13-1-2, Purpose,
1
and 13-1-3, Compliance, Vail Town Code, were reviewed in order to establish any
applicability. Subsection 13-1-3(D), Compliance, Vail Town Code, regulates the
construction of structures on parcels of land which meet the subdivision chapter
regulations. Staff interpreted this initially as a structure need to be contained within a
single established parcel thus prohibiting a structure from crossing over a shared
property line. However, upon further review Staff concluded that so long as all the
established defined parcels meet the regulations of Title 13, that there was nothing
prohibiting multiple parcels from being assembled to create a development "lot or site"
as defined in Title 12. Furthermore, in reviewing the definition of "Lot" as found in Title
13, Subdivision Regulations, Vail Town Code, staff determined that it was possible to
have a "Lot" comprised of a "parcel or portion of land."
In conclusion, when reviewing the definition of "Lot" from Title 13, and the definition of
"Lot or Site" from Title 12, it was determined that no platting process was required to
establish a development lot or site as permitted in multiple zone districts. While the
Code did not provide a clear answer to whom could establish a development "lot or site"
Staff felt that so long as a subdivision process was not required by Title 13, that an
owner or group of owners had the right to determine what assemblage of lots of record,
a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel
of land described by metes and bounds would be established as their development lot or
site.
While a specific request was made Mery Lapin regarding his situation, the review of this
Staff determination should be reviewed with the mindset that the affirmation or
modification of Staff's determination impacts numerous properties throughout Town.
Any affirmation or modification of Staff's administrative determination will apply
throughout the Town. A copy of the written determination to Mery Lapin has been
attached for reference (Attachment A).
III. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
Chapter 12-3, Administration and Enforcement
12-3-3:Appeals:
A. Administrative Actions: Any decision, determination or interpretation by any town
administrative official with respect to the provisions of this title and the standards and
procedures hereinafter set forth shall become final at the next planning and
environmental commission meeting (or in the case of design related decision, the
next design review board meeting) following the administrator's decision, unless the
decision is called up and modified by the board or commission.
Section 12-2-2, Definitions, Vail Town Code,
LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building,
or structure under the provisions of this title and meeting the minimum requirements of
this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
2
Chapter 12-6D, Two-family Primary Secondary Residential District
12-6D-1: Purpose:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
12-6D-5: Lot Area And Site Dimensions:
The minimum lot or site area shall be fifteen thousand(15,000) square feet of buildable
area, and each site shall have a minimum frontage of thirty feet(30). Each site shall be
of a size and shape capable of enclosing a square area, eighty feet(80') on each side,
within its boundaries.
12-6D-8: Density Control:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted
on each site with only one dwelling unit permitted on existing lots less than
fourteen thousand(14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each
site:
a. Not more than forty six (46) square feet of gross residential floor area
(GRFA) for each one hundred(100) square feet of the first ten thousand
(10,000) square feet of site area; plus
b. Thirty eight(38) square feet of gross residential floor area (GRFA) for each
one hundred(100) square feet of site area over ten thousand(10,000)
square feet, not exceeding fifteen thousand(15,000) square feet of site
area;plus
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each
one hundred(100) square feet of site area over fifteen thousand(15,000)
square feet, not exceeding thirty thousand(30,000) square feet of site
area;plus
d. Six (6) square feet of gross residential floor area (GRFA) for each one
hundred(100) square feet of site area in excess of thirty thousand
(30,000) square feet.
2. The secondary unit shall not exceed forty percent(40%) of the allowable gross
residential floor area (GRFA).
3
Title 13, Subdivision Regulations, Vail Town Code (in part)
13-1-2: PURPOSE:
A. Statutory Authority: The subdivision regulations contained in this title have been
prepared and enacted in accordance with Colorado Revised Statutes title 31, article
23, for the purpose of promoting the health, safety and welfare of the present and
future inhabitants of the town.
B. Goals: 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 development of the town.
These regulations also provide for the proper arrangement of streets and ensure
proper distribution of population. The regulations also 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. Also intended is the improvement of land 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:
1. To inform each subdivider of the standards and criteria by which development
proposals 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
development on adjacent land.
3. To protect and conserve the value of land throughout the municipality and the
value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the town's zoning
ordinances1, to achieve a harmonious, convenient, workable relationship among
land uses, consistent with town development objectives.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, 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 legal descriptions of newly subdivided land and to
establish reasonable and desirable 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 table 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 land.
4
13-1-3: COMPLIANCE:
A. General Prohibition: It is unlawful for any person, business, or corporation to violate
any of the provisions of this chapter or to transfer, sell, lease or agree to sell or
lease, any lot, tract, parcel, site, separate interest (including a leasehold interest),
interest in common, condominium interest, timeshare estate, fractional fee, or
timeshare license, or any other division within a subdivision within the town until such
subdivision has been approved in writing by the administrator, planning and
environmental commission and/or the council (whichever is applicable) and a plat
thereof recorded in the office of the Eagle County clerk and recorder, provided,
however, that a written agreement to sell or lease which is expressly conditioned
upon full compliance by the seller with the subdivision regulations of the town within
a specified period of time and which expressly recites the seller's failure to satisfy
such condition within such period of time shall terminate the agreement and entitle
the buyer to the prompt return of all consideration heretofore paid by the buyer under
such agreement, shall not constitute a violation of this subsection.
B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be
transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as
to create a new nonconforming lot, or to avoid or circumvent or subvert any provision
of this chapter.
C. Responsibility: The owner, developer, buyer, or seller shall be fully responsible for all
acts of agents or employees thereof that are committed in violation of the terms of
this chapter.
D. Prohibited Construction: No structure shall be constructed, nor building permit issued
for a structure, on any parcel of land except where such structure is to be
constructed upon a parcel which meets the regulations contained herein. The lot
lines, common walls, individual units, condominium units established in such
development or parcel shall not be changed or altered by conveyance of a part
thereof, nor shall any part of the same be joined with a part of any other for
conveyance or construction or converted to condominiums or time sharing unless
and until written application, and other required materials, has been made to and
approved in writing by the administrator, planning and environmental commission
and/or the council (whichever is applicable).
E. Remedies For Violations: In addition to all remedies provided by law, the town shall
be authorized to enforce its subdivision regulations as follows:
1. The town, in addition to other remedies provided, may institute an action for
injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, remove an unlawful construction, use, occupancy or
conveyance or to enjoin any subdivider from selling, agreeing to sell or offering to
sell, or otherwise convey, before full compliance with the provisions of the
chapter, any parceled land or other interest which sale conveyance would
constitute a "subdivision"as defined in section 13-2-2 of this title.
2. The town building official shall refuse to issue permits of any kind for the
construction of any building or other improvements upon any land for which an
approved final plat is required by this chapter, unless and until the requirements
hereof have been complied with.
5
3. No building permit shall be issued for any lot or parceled land which has been
transferred, conveyed, sold, subdivided or acquired in violation of this chapter.
Any transferee who acquires a lot or a parcel of land in violation of this chapter
without knowledge of such violation, and any subsequent transferee, shall have
the right to rescind and/or receive damages from any transferor who violates the
provisions of this chapter.
4. The administrator, planning and environmental commission and/or council
(whichever is applicable) may withdraw any approval of a plan or plat or require
certain corrective measures to be taken following a determination that
information provided by the subdivider, or by anyone on his or her behalf, upon
which a decision was based is false or inaccurate. The administrator shall cause
written notice to be served on the subdivider, or his/her assignees, setting out a
clear and concise statement of the alleged false or inaccurate information
provided by the subdivider, or agents on his/her behalf and directing the
subdivider to appear at a certain time for a hearing before the planning and
environmental commission not less than fifteen (15) days nor more than thirty
(30) days after the date of service of notice. The planning and environmental
commission shall determine at the hearing the nature and extent of the alleged
false or inaccurate information and shall have power, for good cause being
shown, to withdraw any approval or require certain corrective measures to be
taken. However, withdrawal of approval or imposition of corrective requirements
shall not be an exclusive remedy on finding by the planning and environmental
commission that inaccurate information has been received, and any and all
remedies provided by law may be exercised.
Chapter 13-2, Definitions, Vail Town Code (in part)
LOT: A parcel or portion of land separated from other parcels or portions by legal
description and abutting upon one or more public streets or roads and intended as a unit
for the transfer whether immediate or future, of ownership or for development.
IV. RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission confirms Staff's administrative determination pursuant to 12-3-3(A),
Administrative Actions, Vail Town Code, regarding the ability of a property owner to
establish a development site comprised of multiple lots of record, portions of a lot of
record, a combination of lots of record or portions thereof, or a parcel of land described
by metes and bounds, without the review of a subdivision pursuant to the provisions of
Title 13, Subdivision, Vail Town Code. This recommendation is based upon the review
of the Vail Town Code as outlined in this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to confirm Staff's
administrative determination there is no action that needs to be taken by the
Commission.
Should the Planning and Environmental Commission choose to confirm Staff's
administrative determination, the Community Development Department recommends the
Commission makes the following findings:
6
"Based upon the review of the Vail Town Code as outlined in the Staff
memorandum to the Planning and Environmental Commission dated September
27, 2010, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
"1. The establishment of a development site by a property owner complies
with each of the applicable provisions of Title 12, Zoning Regulations, and
Title 13, Subdivision Regulations, Vail Town Code
2. The establishment of a development site does not grant any approval for
any future development as all proposals shall comply with the applicable
regulations of the Vail Town Code for review.
3. The establishment of a development sight results in all lots of record, a
portion of a lot of record, a combination of lots of record or portions thereof, or
a parcel of land described by metes and bounds being considered a single lot
for zoning purposes."
V. ATTACHMENTS
A. Letter to Mery Lapin dated August 27, 2010
7
TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
August 27, 2010
www.vailgov.com
Mery Lapin
232 West Meadow Drive
Vail, Colorado 81657
RE: Establishment of Lots 6 and 7, Vail Village Filing 2, as a development site.
Merv,
This letter is being provided as a follow-up to our discussion regarding the establishment
of Lots 6 and 7 of Vail Village Filing 2 as a development site in order to pursue a
proposal to construct a single structure across the shared platted property line. Below
are the provisions of the Vail Town Code which apply to this request.
Section 12-2-2, Definitions, Vail Town Code,
LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building,
or structure under the provisions of this title and meeting the minimum requirements of
this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
Chapter 12-6D, Two-family Primary Secondary Residential District
12-6D-1: Purpose:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
12-6D-5: Lot Area And Site Dimensions:
The minimum lot or site area shall be fifteen thousand(15,000) square feet of buildable
area, and each site shall have a minimum frontage of thirty feet(30). Each site shall be
of a size and shape capable of enclosing a square area,'eighty feet(80') on each side,
within its boundaries.
wit,1
tmt RECYCLED PAPER
12-6D-8: Density Control:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on
each site with only one dwelling unit permitted on existing lots less than fourteen
thousand(14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Not more than forty six (46) square feet of gross residential floor area (GRFA)
for each one hundred(100) square feet of the first ten thousand(10,000)
square feet of site area;plus
b. Thirty eight(38) square feet of gross residential floor area (GRFA) for each
one hundred(100) square feet of site area over ten thousand(10,000) square
feet, not exceeding fifteen thousand(15,000) square feet of site area;plus
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one
hundred(100) square feet of site area over fifteen thousand(15,000) square
feet, not exceeding thirty thousand(30,000) square feet of site area;plus
d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area in excess of thirty thousand(30,000) square
feet.
2. The secondary unit shall not exceed forty percent(40%) of the allowable gross
residential floor area (GRFA).
Furthermore, the Town's adopted Building Code contains provisions to prohibit the
construction of a structure across a property line without compliance with regulations
requiring a fire rated party wall. These provisions can be found in Section 706.1.1 of the
2009 Edition of the International Building Code.
It is the determination of Staff that you, the applicant, can choose to determine what your
desired lot or site will be with regard to the proposal of a structure on your lots under
Title 12, Zoning Regulations, Vail Town Code. For the purposes of reviewing a proposal
which is comprised of a site containing two platted lots staff will calculate the
development standards for the site based upon the site as a whole.
In order to address the regulations and provisions in the Building Code a document
needs to be recorded against the properties, with the Town as a party to the agreement,
which clearly identifies that the two lots are considered to be a single development site
and so long as the structure is in place neither of the two lots will be sold, transferred, or
developed further, without compliance with the Zoning Code and Building Code being
demonstrated. The Town needs to be a party to this document to prevent its removal
prior to the removal of the structure from the development site. Upon removal of the
structure the recorded document can be removed from the property records for the lots
with the County.
2
Please be aware that staff anticipates taking this determination before the Planning and
Environmental Commission for discussion and confirmation. Should the Commission
find that staff has misinterpreted the Code, the findings of the Commission will provide
the method for moving forward with your proposal. /
This interpretation does not imply in any form that staff has performed any analysis of
your proposal for compliance with the Two-Family Primary/Secondary Diathct, Design
Review, or Development Standards of the Vail Town Code.
Thank you for taking the time to discuss your proposal with George and myself. If you
have any further questions please feel free to contact me by email at
wcampbeJlvaiIqov.com or by phone at 970-479-2148.
Sincerely,
i(ANJ I � � �
YyVVK\
Warren Campbell, AICP
Chief of Planning
Town of Vail
Cc:
File
3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2010
SUBJECT: 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 Regulations Amendment, Vail Town Code, to
establish regulations for ski yard base area signage, and setting forth details in
regard thereto. (PEC100041)
Applicant: Town of Vail
Planner: Rachel Friede
SUMMARY
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town
Code, to establish regulations for ski yard base area signage.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommendsthe Commission forwards a recommendationof approval, subject to the
findings noted in Section VI of this memorandum.
Photographs of existing ski yard signage have been attached for reference (Attachment
A).
II. DESCRIPTION OF THE REQUEST
The following are proposed text amendments to Title 11, Sign Regulations, Vail Town
Code, that establish regulations for review of a seasonal sign program for ski yard
signage:
11-2-1: DEFINITIONS ENUMERATED:
Sign, Electronic: Any sign with electronic components such as video screens,
electronic changeable copy, etc.
Sign, Portable: Any sign not permanently attached to the ground or other
permanent structure, including,but not limited to, A-frame and sandwich board
signs.
Sign, Ski Yard: Any sign within a ski yard area, as determined by the
Administrator, that serve to inform skiers of grooming conditions, meeting areas,
open trails, special events and other mountain information and activities.
1
11-7-15: Ski Yard Signage
A. Description: Ski Yard Signage regulations apply to all signage within the
designated ski yard areas, as determined by the Design Review Board during
review of seasonal ski yard sign programs.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Projecting and awning signs shall have a minimum clearance of eight
feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above
vehicularways. No part of any ski yard signage shall extend more than twenty five
feet(25') above grade.
4. Location: Subject to design review. Signs may be permitted in the town's right
of way, subject to Subsection 11-5-31, "Placement On Public Property", of this title.
5. Type: Awning, freestanding, portable, projecting or wall mounted. A-frame and
sandwich board style portable signs are prohibited.
6. Lighting: Subject to design review.
7. Landscaping: Subject to design review.
8. Special Provisions:
a. Changeable copy may be allowed to identify on mountain conditions.
b. Electronic signs may be permitted, and are subject to design review.
c. Design Review: Ski yard signage shall be provided in a seasonal sign
program package, to be submitted, reviewed and approved by the Design
Review Board on a seasonal basis.
d. Content: Ski yard signage may advertise on-mountain activities located
outside the Town of Vail, but shall not include advertisement for any
restaurants not located within the Town of Vail.
11-9-2: PROHIBITED SIGNS:
The following signs are prohibited within the town of Vail:
O. Portable signs, except government signs and ski yard signs.
III. BACKGROUND
Ski yard signage generally refers to signage within and adjacent to the on-snow base
area for Vail Mountain. These signs are typically freestanding, portable or attached to lift
and gondola buildings. The signs serve to inform skiers of grooming conditions, meeting
areas, open trails, special events and other mountain information.
Currently, Title 11, Sign Regulations, Vail Town Code, does not address ski yard/ base
area signage because until recently, the base areas of Vail Mountain were not located
within the Town of Vail. In order to develop Golden Peak and Mountain Plaza, additional
ski yard was annexed into the Town of Vail.Signage associated with ticket booths is also
not addressed within Title 11, Sign Regulations.
To date, the Town has worked with Vail Resorts to come up with signage that meets the
intent of the Sign Regulations, but technically, there were no regulations for this type of
signage. The Town has requested that Vail Resorts not advertise businesses not
located within the Town of Vail (i.e. Eagle's Nest restaurants) but has allowed signage
for ticket offices, maps, and skier services such as lesson meeting areas.
While Staff has been working with Vail Resorts to allow signage in the ski yard, a
codified regulation on this type of signage will provide clear legitimacy to this signage
and provide additional direction for design review.
The PEC held a work session on ski yard signage at the September 13, 2010 hearing.
Jeff Babb, Resort Operations Direct, Vail Resorts Inc., presented a summary of ski
operations signage needs. He expressed their desire to install permanent appearing,
but mobile, signs that are consistent with the architectural style and color themes of the
individual ski mountain base areas. He noted their desire to allow signage for on
mountain businesses and activities in the ski yards. Jeff Babb indicated that Vail
Resorts is researching video signage. He indicated that these new technology signs are
being used inside the gondola building, but they do not have a current plan to install
these signs outdoors.
Commissioner Pratt recommended the proposed text amendments allow flexibility for
such new technologies.
Commissioner Pierce recommended that a sign program be required for each ski base
instead of drafting extensive sign regulations. He believes the ski yard bases are of a
different nature than other businesses. He recommended guidelines requiring
consistency with the theme of the base area, exempt sign regulated by state law or other
requirements, and to allow signage for on-mountain activities.
Commissioner Rediker stated some locations would be appropriate for year-round
permanent signs, and other location may only be appropriate for seasonal signs.
Commissioner Kurz recommended reviewing signs on a seasonal basis. He noted that
the signs have historically been done in good taste. He recommended not allowing a-
frame signs due to pedestrian conflicts and poor quality materials. He noted that "less is
more" in signs communicating information. He agreed with providing information about
on-mountain activities but it could affect Town tax revenue. He acknowledged the
challenge in balancing signage matching building architecture and signage matching the
corporate branding of Vail.
Commissioner Pratt agreed with Commissioner Pierce that a sign program should be
reviewed each summer and winter. He recommended flexibility in the standards, but did
not support a-frame signs. He recommended mountain activities should be advertised,
but competing businesses (such as on-mountain restaurants) should not be given
advantage over base area businesses. He recommended installing fixed electronic
signs.
Commissioner Scheidmann agreed with the other commissioners. He noted the need to
allow flexibility. For example, ski school signage needs will fluctuate daily or weekly.
Commissioner Rediker noted that electronic signs may be appropriate in winter, but may
not be appropriate in the summer.
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 11: SIGN REGULATIONS (in part)
11-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character
as a resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-5-2: DESIGN GUIDELINES:
Any sign erected within the town of Vail should:
A. Be consistent with the scale and architecture already present in the town: Sign
location, configuration, design, and size should be aesthetically harmonious with the
mountain setting and the alpine village atmosphere of the town.
B. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are placed. The staff shall
review all proposed signs in the context of adjacent signage to verify that the sign is
appropriately placed.
4
C. Be composed of predominately natural materials which may include, but are not
limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or
metals such as copper or brass that have been treated to prevent reflective glare;
nonreflective glass and stained glass; other naturally textured building materials.
Plastic and other synthetic materials that are not naturally textured, such as sign
foam, vinyl or Plexiglas®, are discouraged.
D. Use natural colors:
1. Earth tones: Full spectrum of soil, clay, and metallic colors;
2. Neutrals: Off whites to deep brown and black;
3. Bright colors should be used only as accents.
E. Use creative graphics and lettering: The creative use of depth, relief, shading, three-
dimensional projections and other pleasing textural qualities is generally encouraged.
The guidelines that apply to general sign colors likewise apply to graphics and
lettering. Three-dimensional projections shall not be calculated as part of total sign
area, but the size, placement, and style of the projections shall be subject to design
review.
F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed
in harmony with surrounding natural landforms and native plants (Xeriscaping).
G. Use inconspicuous lighting: Lighting should be integrated into the overall design of
the sign, both in color and placement, and should be of no greater illumination than is
necessary to make the sign visible at night. Recessed and indirect light sources are
encouraged.
11-5-3: DESIGN STANDARDS:
Any sign erected within the town of Vail shall conform to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they belong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
B. Colors: Fluorescent, Day-Glo®and neon colors are prohibited.
C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead
be comprised of matte or flat finishes.
D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto
adjacent properties. Internal illumination and fluorescent/neon light sources are
prohibited. All lighting shall be subject to design review.
E. Sign Maintenance: All signs, including their support structures and related fixtures,
shall be kept in good repair, this includes replacement of lighting, repainting when
appropriate, and other actions that contribute to attractive signage. The display
surfaces and hardware of all signs shall be properly painted, finished, or posted at all
5
times. The glass surfaces on which window signs are affixed shall be well
maintained.
F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that
contain electrical wiring shall be subject to the provisions of the adopted electrical
code of the town and the electrical components shall bear the label of an approved
testing agency.
G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this
title, shall be designed to withstand wind pressures and shall support dead loads as
required by the most recent building code (IBC) at the time of construction, as
adopted by the town of Vail and determined by the chief building official.
H. Moving Parts: Signs that have, or appear to have, moving parts (aside from natural
wind induced movement) are prohibited.
I. Placement On Public Property: Signs shall be constructed on private property
outside of the town right of way and shall not project onto the town right of way
except when permitted under a licensing agreement or a revocable right of way
permit issued from the town of Vail.
J. Sign Inspection: Each sign for which a permit is required shall be subject to
inspection by the staff.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the sign regulations; and
Staff believes the text amendments further the general and specific purposes of
the sign regulations because they "encourage the establishment of well
designed, creative signs that enhance the unique character of Vail's village
atmosphere." The regulations also seek to "preserve a successful and high
quality business environment that is aided by signs that identify, direct, and
inform."
The proposed regulations allow ski yard signage to be reviewed on a seasonal
basis and provide flexibility for Vail Mountain to inform the public on a variety of
subject matter.
The Town's Sign Regulations currently allow unique signage opportunities for
unique land uses. For example, in addition to the standard 6 sq. ft. business
identification signs, restaurants are allowed to erect a "menu box sign" and a
"specials board signs". Similarly, real estate offices and movie theaters are
allowed to erect "display box signs". Movie theaters and movie/media rental
businesses are also allowed to erect "entertainment signs". The Town's Sign
Regulations do not currently grant opportunities for ski yard signage.
Staff believes ski yards and ski mountains have unique land use characteristics
and should have unique consideration for signage.From a community-wide guest
service perspective, Staff sees value in distinguishing land uses like the ski
6
mountain and the ski yard, as it is a unique yet essential land use for this
community.
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
As described above, Staff believes the ski yard has unique land use
characteristics and should have unique consideration for signage. Staff sees
value in distinguishing this land use because of its importance to the community
and to the public. Staff believes allowing signage unique to the ski yard is
consistent with the Town's development objectives to provide a better guest
experience. Staff also believes the proposed regulations better implement
numerous goals, objectives and policies of the Vail Village Master Plan and the
Lionshead Redevelopment Plan that outline the importance of Vail Mountain and
interface with the villages. Specifically, the Vail Village Master Plan calls for a
strengthened tourist economy and the recognition of Vail Village as a portal for
tourism activity. The text amendments also further the objective outlined In the
Lionshead Redevelopment Master Plan that calls for enhancement of the guest
experience and community interaction through expanded and additional activities
and amenities."
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
Staff believes the text amendments demonstrate changing conditions, as all
portions of the ski yard were not previously within the Town's jurisdiction. Since
the annexation of ski yard areas to the Town of Vail, regulations have been
absent for ski yard signage. These regulations reflect the need for change after
annexation of these ski yard areas.
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 the proposed text amendments help to provide a harmonious
relationship between the ski yard and the rest of the town. As a ski town, Vail's
regulations need to reflect the changing dynamic of the ski yard and its
interaction with the rest of the town. The proposed regulations will provide an
improved guest experience, which is a major goal of the Town of Vail.
5. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation ofapproval to the Vail Town Council on
7
prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code,
pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to
establish regulations for ski yard base area signage, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request,the Community Development Department
recommends the Commission pass the following motion:
"Based upon a review of Section V of the Staff's September 27, 2010,
memorandum to the Planning and Environmental Commission and the evidence
and testimony presented, the Planning and Environmental Commission forwards
a recommendation of approval 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 establish
regulations for ski yard base area signage, and setting forth details in regard
thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section V of Staff's September
27, 2010, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
8
Attachment A: Examples of Ski Yard Signage
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PLANNING AND ENVIRONMENTAL COMMISSION
September 13, 2010
1:00pm
TOWNOFVALL `
TOWN COUNCIL CHAMBERS/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Michael Kurz David Viele
John Rediker
Bill Pierce
Henry Pratt
Luke Cartin, departed at 2:10pm
Tyler Schneidman
Swearing in of new member- Lorelei Donaldson 5 minutes
Site Visits:
1. Lightning Shelters —Vail Golf Course
2. Ski Yard —Golden Peak, Vista Bahn, and Lionshead
20 minutes
1. A request for the review of a conditional use permit pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities,
and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract A,
Vail Village Filing 8; and the review of a conditional use permit pursuant to Section 12-8B-3,
Conditional Uses, Vail Town Code, to allow for the construction of accessory buildings and uses
(lightning shelter), generally at the #17 green of the Vail Golf Course/Unplatted; and setting forth
details in regard thereto. (PEC100037)
Applicant: Vail Recreation District, represented by Scott O'Connell
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Cartin VOTE: 6-0-0
CONDITION(S)
1. This conditional use permit approval is contingent upon the applicant obtaining Town
of Vail approval for the associated design review application.
Bill Gibson made a presentation per the Staff memorandum. Gibson elaborated that due to a
noticing error, the lightning shelter at#3 would be re-noticed and heard at the next meeting.
Scott O'Connell, representative of the Vail Recreation District, made a presentation to outline the
reasons for lightening shelters at the Vail Golf Course. According to the master planning
process being conducted by the Vail Recreation District, the District is concerned there are not
enough lightening shelters at the Vail Golf Course.
Commissioner Pierce asked about the architectural design of the building, and asked if the
architecture would be consistent with existing architecture at the golf course.
O'Connell responded that the architecture is a Bavarian theme. The building materials would be
durable, but also tasteful to blend the commercial industrial with the mountain theme that is
carried through the golf course.
Commissioner Kurz asked if certain examples of buildings are also lightening shelters.
O'Connell suggested that the "cook shack" is not a lightening shelter, but includes a system to
Page 1
help detect lightning in the area. Kurz followed up to ask if that building would be upgraded.
O'Connell answered no.
Commissioner Rediker asked how shelter locations were determined. O'Connell responded that
a study was done to determine where people are in the afternoon on the golf course, and then
best locations were determined to figure out how to get them to safe shelter. O'Connell added
that there needs to be adequate space and adequate coverage. Existing structures could also
be used for lightening shelters, but this would not meet the Vail standard (example, using a
restroom as a shelter).
Ned Gwathmey, representing #3 adjacent property owners Johnson and McIntyre, understood
that the#3 lightning shelter would be discussed at a future Commission hearing. He commented
that his clients are not opposed to lightning shelters, but are opposed to the proposed location of
the #3 shelter which would be only 20 feet from the Johnson Residence property line. They are
concerned the shelter will be used by hikers and bikers from the recreation paths and believe the
proposed location will be too visible.
Henry Pratt clarified that Ned Gwathmey is his business partner, and that he will recuse himself
when the hole#3 shelter is discussed at the next Commission hearing.
2. A report to the Planning and Environmental Commission on the administrator's approval of an
amendment to an existing conditional use permit, pursuant to 12-16-10, Amendment
Procedures, Vail Town Code, to lower the approved building height of a new public building and
grounds (new fire station #3) by reducing the roof pitch from 2'/2:12 to 2:12, located at 2399
North Frontage Road West/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and 2310
Chamonix Road/Parcel B, Resub of Tract D, Vail Das Schone Filing 1 (PEC100039)
Applicant: Town of Vail, represented by Mark Miller
Planner: Bill Gibson
3. Approval of August 23, 2010 minutes
MOTION: Kurz SECOND: Pratt VOTE: 6-0-0
4. 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
Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area
signage, and setting forth details in regard thereto. (PEC100041)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to September 27, 2010
MOTION: Kurz SECOND: Pratt VOTE: 5-0-1 (Cartin recused)
Commissioner Cartin recused himself due to conflict of interest and departed the meeting.
Rachel Friede presented a summary of the proposal and the Staff memorandum.
Jeff Babb, Resort Operations Direct, Vail Resorts Inc., presented a summary of ski operations
signage needs. He expressed their desire to install permanent appearing, but mobile, signs that
are consistent with the architectural style and color themes of the individual ski mountain base
areas. He noted their desire to allow signage for on mountain businesses and activities in the ski
yards.
Commissioner Pratt asked Jeff Babb about electronic signage options.
Page 2
Jeff Babb indicated that Vail Resorts is researching video signage. He indicated that these new
technology signs are being used inside the gondola building, but they do not have a current plan
to install these signs outdoors.
Commissioner Pratt asked if some content would be conducive to electronic signs while other
content might be more appropriate for non-electronic signs. He recommends the proposed text
amendments allow flexibility for such new technologies.
Commissioner Pierce recommended that a sign program be required for each ski base instead of
drafting extensive sign regulations. He believes the ski yard bases are of a different nature than
other businesses. He recommended guidelines requiring consistency with the theme of the base
area, exempt sign regulated by state law or other requirements, and to allow signage for on-
mountain activities.
Commissioner Rediker asked what signs Vail Resorts considered to be permanent. He believes
some locations would be appropriate for year-round permanent signs, and other location may
only be appropriate for seasonal signs.
Jeff Babb agreed with Commissioner Rediker's comments and identified several examples of
signs needed for different time durations.
Rachel Friede further clarified what the Town considers to be permanent.
Commissioner Rediker asked if Vail Resorts has a plan identifying the number and type of signs
needed for the various seasons.
Jeff Babb responded that Vail Resorts could provide a season by season sign program. He
wanted the Commissioners to understand that the ski operations division is subject to changing
directives from their marketing division or head office, but they will address these issues with the
Town as soon as they occur.
Rachel Friede summarized the discussion questions from the Staff memorandum.
Commissioner Kurz recommended reviewing signs on a seasonal basis. He noted that the signs
have historically been done in good taste. He recommended not allowing a-frame signs due to
pedestrian conflicts and poor quality materials. He noted that "less is more" in signs
communicating information. He agreed with providing information about on-mountain activities
but it could affect Town tax revenue. He acknowledged the challenge in balancing signage
matching building architecture and signage matching the corporate branding of Vail.
Commissioner Pratt agreed with Commissioner Pierce that a sign program should be reviewed
each summer and winter. He recommended flexibility in the standards, but did not support a-
frame signs. He recommended mountain activities should be advertised, but competing
businesses (such as on-mountain restaurants) should not be given advantage over base area
businesses. He recommended installing fixed electronic signs.
Commissioner Scheidmann agreed with the other commissioners. He noted the need to allow
flexibility. For example, ski school signage needs will fluctuate daily or weekly.
Commissioner Rediker generally agreed with the other commissioners' comments. He noted
that electronic signs may be appropriate in winter, but may not be appropriate in the summer.
Jeff Babb noted that their permanent signage is installed in a "winter first" order of priority.
Page 3
5 minutes
5. A request for review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback,
located at 1817 Meadow Ridge Road, Unit 6/Lot 21, Buffehr Creek Subdivision, and setting forth
details in regard thereto. (PEC100040)
Applicant: Robert Boymer
Planner: Rachel Friede
ACTION: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
6. A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new
structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related
facilities, located at 395 South Frontage Road West/Lot 1, Block 2, Vail Lionshead First Filing,
Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead
Circle rights-of-way, and setting forth details in regard thereto. (PEC100042)
Applicant: Town of Vail, represented by Tom Braun
Planner: Warren Campbell
ACTION: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
7. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West right-of-way/Unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
8. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
Page 4
5 minutes
9. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
10. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
11. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
12. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
5 minutes
Page 5
13. 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: Tabled to September 27, 2010
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
14. Information Update
15. Adjournment
MOTION: Kurz SECOND: Scheidman VOTE: 5-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published September 10, 2010, in the Vail Daily.
Page 6
Ad Name: 5555521 A THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and
Your account number is: 1023233 Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12-3-6,Vail Town Code,on September 27,2010,
at 1:00 pm in the Town of Vail Municipal Building,
PROOF OF PUBLICATION in consideration of:
A report to the Planning and Environmental Com-
mission on an administrative determination,pursu-
ant to 12-3-3(A),Administrative Actions,Vail Town
STATE OF COLORADO } Code,regarding the ability of a property owner to
aasa
establish a development site comprised of multiple
}SS. lots of record,portions of a lot of record,a combi-
nationCOUNTY OF EAGLE } of lots sf ribed or metes portions thereof,ords a -
cel of land described bymetes and bounds,with-
out the review of a subdivision pursuant to the
provisions of Title 13,Subdivision,Vail Town Code.
Applicant: Town of Vail
I, Don Rogers, do solemnly swear that I am a qualified Planner: Warren Campbell
A request for the review of a conditional use permit
representative ofthe Vail Daily.That the same Daily newspaper pursuant to Section 12-6H-3,Conditional Uses,
Vail Town Code,to allow for a private parking
printed, in whole or in part and published in the County structure(the seasonal leasing of existing private
parking spaces),located at 434 South Frontage
of Eagle, State of Colorado, and has a general circulation Road(Lunar Vail)/Lot 1,Resubdivision of a part of
Tract D,Vail Village 5th Filing,and setting forth
therein;that said newspaper er has been published continuously details in regard thereto. (PEC100043)
pApplicant: Vail Mountain View Residences on
and uninterru ted) in County Eagle foraGore Creek,represented by Jack Hunn
p Y saidofgperiod of Planner: Bill Gibson
more than fifty-two consecutive weeks next prior to the first The applications and information about the propos-
als are available for public inspection during office
publication of the annexed legal notice or advertisement and hours at the Town of Vail Community Develop-
ment Department,75 South Frontage Road. The
that said newspaper has published the requested legal notice public is invited to attend project orientation and the
site visits that precede the public hearing in the
and advertisement as requested. Town of Vail Community Development Department.
q Please call 970-479-2138 for additional informa-
tion.
re-
The Vail Dailyis an legal advertising medium, Sign language interpretationhoun fiis ionava.laPleasenall
acceptedb quest, with 24-hour notification. Please call
970-479-2356,Telephone for the Hearing Im-
only for jurisdictions operating under Colorado's Home paired,for information.
Rule provision. Published September 10,2010,in the Vail Daily.
(5555521)
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 9/10/2010 and
that the last publication of said notice was dated 9/10/2010 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/09/2010.
General Manager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me,a notary public in and for
the County of Eagle, State of Colorado this day 09/09/2010.
C;471,12.&‘. 9 .),14.44it
Pamela J. Schultz,Notary Public
My Commission expires: November 1,2011
PAMELA J SCHULTZ
Notary Public
State of Colorado
Ad Name: 5612163D PLANNING AND ENVIRONMENTAL
COMMISSION
Customer: TOWN OF VAIL/PLAN DEPT/COMM September 1:00pm
TOWN COUNCIL CHAMBERS
Your account number is: 1023233 PUBLIC WELCOME
75 S.Frontage Road-Vail,Colorado,81657
Site Visits:
1.Lightriing Shelter-Vail Golf Course
PROOF OF PUBLICATION 2.Boymer Residence-1817 Meadow Ridge Road
30 minutes
1.A request for the review of a conditional use permit pursuant to Section 12-9C-3,Conditional Uses,Vail
Town Code,to allow for the construction of active outdoor recreation areas,facilities,and uses(lightning
STATE OF COLORADO } shelter),generally located at the#3 green of the Vail Golf Course/Tract E,Vail Village Filing 7;and setting
forth details in regard thereto.(PEC100044)
Applicant:Vail Recreation District,represented by Scott O'Connell
ISS.
Planner: Bill Gibson
ISS.i.7 20 minutes
2.A request for review of a variance from Section 12-6F-6,Setbacks,Vail Town Code,pursuant to Chap-
COUNTY OF EAGLE ter 12-17,Variances,Vail Town Code,to allow for an addition within the side setback,located at 1817
Meadow Ridge Road,Unit 6/Lot 21,Buffehr Creek Subdivision,and setting forth details in regard thereto.
(PEC100040)
Applicant:Robert Boymer
Planner: Rachel Friede
I, Don Rogers, do solemnly swear that I am a qualified 30r a minutes
3.A report to the Planning and Environmental Commission on an administrative determination,pursuant to
12-3-3(A),Administrative Actions,Vail Town Code,regarding the ability of a property owner to establish a
representative ofthe Vail Daily.That the same Daily newspaper development site comprised of multiple lots of record,portions of a lot of record,a combination of lots of
ofthe 111 11 Daily record or portions thereof,ora parcel of land described by metes and bounds,without the review of a
subdivision pursuant to the provisions of Title 13,Subdivision Regulations,Vail Town Code.
printed part, in whole or inand published in the CountyApplicant:Town of Vail
Y Planner: Warren Campbell
30 of Eagle, State of Colorado, and has a general circulation q P g eats to tee
4.A Si nest for recommendation to the Vail Town Council on prescribed regulation Reg amendments to Title
11,Sign Regulations,Vail Town Code,pursuant r Section 11-3-3,Prescribed Regulations Amendment,
therein;that said newspaper has been published continuously Vail Town Code,to establish regulations for ski yard base area signage,and setting forth details in regard
thereto.(PEC100041)
Applicant:Town of Vail
and uninterruptedly in said County of Eagle for a period of ACTION: Rachel Frieda
7,,
7' 5 minutes
than than fifty-two consecutive weeks next prior to the first 5.A request for the review of a conditional use permit,pursuant to Section 12-9C-3,Conditional Uses,Vail
�7,, Y Town Code,fora public building and grounds,to allow for the construction of a new structure to replace
publication of dile annexed legal notice or,advertisement and the Lionshead West/ng Structure1, Auxiliary, al Building to provide guest related R fsubdivities,located L 1,5 South,
Frontageail Road West/Lot 1,Block 2,Vail Lionshead First Filing,Lot 3,, Resubdivision setting of Lot s Block r,
Vail Lionshead Second Filing,and East Lionshead Circle rights-of-way,and setting forth details in regard
that said newspaper has published the requested legalthereto.(PEC100042)notice Applicant:Town of Vail,represented by Tom Braun
Planner: Warren Campbell
and advertisement as requested. ACTION: Table to October 11,2010
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 devel-
opment of a public or private parking lot(parking structure);a vehicle maintenance,service,repair,stor-
age,and fueling facility;a ski lift and tow(gondola),within"Ever Vail"(West Lionshead),located at 862,
Vail arl Daily is an accepted legal advertising medium, 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 Com-
onlyfor jurisdictions o Aerating under Colorado's Home munity Development Department),and setting fork details in regard hereto.(PEC080063)
1 b Applicant:Vail Resorts,represented by Mauriello Planning Group,LLC
Planner: Warren Campbell
RuleACTION: Table to November 8,2010
provision. 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
That the annexed legal notice or advertisement was 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
published in the regular and entire issue of every thereto.(PEC080061)
Applicant:Vail Resorts,represented by Mauriello Planning Group,LLC
number of said daily newspaper for the period of 1 ACTION Warren Campbell
ACTION: Table to November e,2010
5 minutes
consecutive insertions; and that the first of said 8.A request fora final review of a variance from 12-71-14,Site Coverage,Vail Town"Eve,pair to
publicationChapter d),o,aced at 93,to for ( site coverage below), 03, "Ever Vail"ng)(West.
�7,� dated(� Lionshead),located at 934(BP Site),953(Vail Professional Building),1031(Cascade Crossing)S.
notice was in Llle issue of said newspaper dated 9/24/2010 and 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
that the last publication of said notice was dated 9/24/2010 in Community Development Department),and setting forth details in regard thereto.(PEC090035)
Y Applicant:Vail Resorts,represented by Mauriello Planning Group,LLC
the issue of said newspaper. AWarren CNoveell
ACCTION11ON: Table[o November e,2010
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,
In witness whereof I have here unto set m hand this da (Glen Lyon Office Building)from the District for incorporation into the properties known as"Ever Vail"
Y Y, (West Lionshead),located at 1000 S.Frontage Road West/Lot 54 Glen Lyon Subdivision,and setting forth
10/04/2010. detailsplc in regard thereto.(PEC090036)ted
Applicant:Vail Resorts,represented by Mauriello Planning Group,LLC
Planner: Warren Campbell
ACTION: Table to November 8,2010
5 minutes
S Pe\ fit/IL, 10.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.
General Manager/Publisher/Editor (PEC080064)
Applicant:Vail Resorts,represented by Mauriello Planning Group,LLC
Vail Daily Planner: Warren Campbell
ACTION: Table to November 8,2010
7,, 7,, before 5 minutes
Subscribed and sworn to me,a notary public in and for 11.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
County of Eagle, State of Colorado this day10/04/2010. of the Timber Ridge Village Apartments;and a request for the review of a variance,from Section 14-5-1,
g 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(300 within the required parking structure,located at 1280 North Frontage Road/Lots 1-5,
cenl46.... ,„,,,,et.4„thattBlock C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto.
(PEC 100018/PEC100019)
Applicant:Vail Timber Ridge L.L.C.
Planner: George November
ACTION: Table[o November e,2010
5 minutes
12.A request fora final recommendation to the Vail Town Council for prescribed regulations amendments
to Tit1e 12,Zoning Regulations and Tit1e 14,Development Standards,Vai1 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)
Pamela J. Schultz,Notary Public Applicant:Town of Vail
(+ November
Rachel Friede
My Commission expires: 1v ovember 1,2011 ACTION: Table to November 22,2010 S minutes
13.A request for the review of a conditional use permit pursuant to Section 12-6H-3,Conditional Uses,Vail
Town Code,to allow for a private parking structure(the seasonal leasing of existing private parking
spaces),located at 434 South Frontage Road(Lunar Vail)/Lot 1,Resubdivision of a part of Tract D,Vail
Village 5th Filing,and setting forth details in regard thereto.(PEC100043)
Applicant:Vail Mountain View Residences on Gore Creek,represented by Jack Hunn
Planner: Bill Gibson
ACTION: Withdrawn
14.Approval of September 13,2010 minutes
15.Information Update
16.Adjournment
PA1ulEl.A J SCR#t___ 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
�lwti.ry 611., public is invited to attend the project orientation and the site visits that precede the public hearing in the
•7 PUNIC Town of Vail Community Development Departrnent. Please call(970)479-2138 for additional
Sta♦ of information.
[G CV I olorado 4V 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 September 24,2010,in the Vail Daily.(5612163)