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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. 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' / _ \ 6 / \ W—\---8 I I r \' I Z t - I I H W O OJ IJ Q I o I NR) 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 0 0 < (I) c=> 0]W O O -I I— N J J C9 W 0z _J 0 t; r.`Itilii ( '?4,;11!:, „ J is ''..t..:74ik'''''''ii'Ifr, ,,,1*.::',`,,-12-tl'..0;141''1.1.;!'''';''''' b ,y�' *ars� �J$,P� �� � /f .^ 4 ui �. meg- J z o 46 ✓ = 1— O 8 zit-,,,,..,-,4,,,:i.,?iig,A,,,,i,,,e,., .?,,,,,,,;,,,t-.1,-,41.1,..i.:, ,,,f: ,,,) ; U � ✓ X11 $� r f4 A,-,e � ✓/ 7 yes / '° 74. 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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 .1.1jw, ..\ Og -- _____---...FIRST TIMEb SKIERS i ^ ...... J 'Y MEETING - . AREA _ `moi" ` � '/a [ .- ,. allili w . •• ..-`'A1/1 41 ' :.,',: .. 3 441lik. ." r = Off• . - •41.4.!f•r''': - .} l''''''!'''- - i Y 8 mei{_ 'I �..% • '� �'` VAIL GROOMING �Y i I , p I • .,,.A 14,x.,. rili.11..11r . ttr."- gr4. allie • • III A l . j16/1 - arc __. F r _ kr aiNn i s-t- .„t:,t"x 4411 y y 46:: 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)