HomeMy WebLinkAbout2011-1114 PECPLANNING AND ENVIRONMENTAL COMMISSION
November 14, 2011
�. 1:OOpm
TOWN OF VAII, '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
45 minutes
A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village
Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a
recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail
Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to
Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include
recommendations related to a new Vail Village Townhouse (VVT) District, and setting
forth details in regard thereto. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
60 minutes
2. 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 Dimond/ Kristen Bertuglia
ACTION:
MOTION: SECOND: VOTE:
5 minutes
3. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend
Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of
designated view corridors impacted by vegetation, and setting forth details in regard
thereto. (PEC110056)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION: Table to November 28, 2011
MOTION: SECOND: VOTE:
Page 1
5 minutes
4. A request for findings of fact and a determination of accuracy and completeness, pursuant to
Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Article 12 -713, Commercial
Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to
Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the
addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D,
Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a
major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications,
Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter
12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail
Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to
Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town
Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located
at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050)
ACTION: Table to November 28, 2011
MOTION: SECOND: VOTE:
5. Approval of October 24, 2011 minutes
MOTION: SECOND: VOTE:
6. Information Update
7. 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 November 11, 2011, in the Vail Daily.
Page 2
TOWN OF
VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 14, 2011
SUBJECT: A request for a recommendation to the Vail Town Council on prescribed
regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new
zone district, Vail Village Townhouse (VVT) District, and setting forth details in
regard thereto; and a request for a recommendation to the Vail Town Council on
proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek
Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation
and Amendment, Vail Village Master Plan, to include recommendations related to
a new Vail Village Townhouse (VVT) District, and setting forth details in regard
thereto. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
SUMMARY
A request for a recommendation to the Vail Town Council for amendments to the Vail
Town Code to establish the proposed Vail Village Townhouse (VVT) District and
proposed amendments to the Vail Village Master Plan related to the East Gore Creek
Sub Area. The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments based upon the findings noted in Section VI of
this memorandum.
II. DESCRIPTION OF THE REQUEST
The purpose of these proposed amendments is to:
Establish a new zone district to regulate existing townhouse properties in Vail
Village that were legally non - conforming in regard to the provisions of the High
Density Multiple - Family District; and,
• Establish incentives for the redevelopment of existing townhouse properties in
Vail Village; and,
• Preserve the existing character of the townhouse properties in Vail Village and to
preserve the existing character of the neighborhood; and,
On September 12, 2011, the Planning and Environmental Commission held another
public hearing on the proposed new zone district and related master plan amendments.
The Commission discussed several issues including gross residential floor area
(GRFA), building step backs, and roof pitches. The Commission requested that Staff
return with a draft ordinance and draft resolution for the Commission's final review and
recommendation to the Vail Town Council. The proposed Zoning Regulation
amendment ordinance for the new Vail Village Townhouse (VVT) District (Attachment
B) and the proposed Vail Village Master Plan amendment resolution (Attachment C)
have been attached for review.
Based upon the Planning and Environmental Commission's direction from its
September 12th public hearing; the proposed Zoning Regulation amendment ordinance
(Attachment B) includes an allowable gross residential floor area (GRFA) ratio of 1.35.
As discussed at previous pubic hearings, Staff recommends the Commission forwards a
recommendation to the Vail Town Council for an allowable GRFA ratio of 1.25.
Attached for reference is a Staff power point presentation to the Vail Town Council
dated October 19, 2010 (Attachment E).
Based upon public testimony and the Commissioners' deliberations at the September
12th public hearing, Staff has modified the design considerations in the proposed Vail
Village Master Plan amendment resolution (Attachment C) related to building step
backs. The attached resolution includes a building step back dimension of 6 to 10 feet,
rather than 8 to 10 feet as previously proposed. Staff believes this modification
preserves the intent of the proposed building step back design considerations,
continues to provide opportunities for functional upper story decks, and affords property
owners more architectural design flexibility.
On September 12th the Planning and Environmental Commission also discussed the
proposed design considerations for roof pitches. The proposed resolution continues to
include design considerations recommending sloping primary roofs with pitches ranging
from 3:12 to 6:12. This roof pitch range is the same as the roof pitch range
recommendations of the adopted Vail Village Design Considerations of the Vail Village
Master Plan. If the Commission wishes to forward a more restrictive design
consideration to the Vail Town Council, Staff recommends the Commission includes this
modification as part of the motion.
III. BACKGROUND
This proposal is similar to past applications to first establish a new Vail Rowhouse
Special Development District and later to establish a new Vail Village Townhouse
Town of Vail Page 2
District by Chris Galvin, represented by the Mauriello Planning Group and KH Webb
Architects, which have since been withdrawn by Mr. Galvin. The Vail Town Council
generally supported the concept of establishing a new zone district that is tailored to
address these existing, unique townhouse properties in Vail Village. So upon Mr.
Galvin's withdrawal of his application, the Vail Town Council directed Staff to formally
submit a similar application, on behalf of the Town of Vail, to establish a new Vail
Village Townhouse District.
In 2008 and 2009, Chris Galvin, represented by the Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew multiple applications to establish the Vail
Townhouse Condominiums and the Vail Row Houses as a Special Development District
to create incentives for redevelopment and to address the various non - conformities of
the existing properties when regulated by the High Density Multiple - Family (HDMF)
District.
In 2010 and 2011, Chris Galvin, represented by Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew an application to establish a new Vail
Village Townhouse District to create incentives for redevelopment and to address the
various non - conformities of the existing properties when regulated by the HDMF District.
It was anticipated that this proposed new district could be applied to the existing Vail
Townhouse Condominiums, Vail Row Houses, Vail Trails Chalets, Vail Trails East, and
the Texas Townhomes townhouse developments.
The Planning and Environmental Commission reviewed Mr. Galvin's application to
establish a new Vail Village Townhouse District at its April 26, May 10, June 14, July 12,
and August 23, 2010 public hearings. On August 23, 2010 the Planning and
Environmental Commission forwarded a recommendation of approval to the Vail Town
Council for the proposed amendments with modifications.
The Planning and Environmental Commission and the Vail Town Council differed on
how much gross residential floor area (GRFA) was appropriate for the new zone district.
The Planning and Environmental Commission recommended a GRFA ratio of 1.35,
while the Vail Town Council recommended a GRFA ratio of 1.25 on the first reading of
the previous Vail Village Townhouse District ordinance.
On second reading of the previous ordinance, the Vail Town Council expressed its
concern that the development standards of the proposed zone district would not
adequately maintain the existing character of the neighborhood. The Vail Town Council
tabled the second reading of Mr. Galvin's proposal until the applicant and Staff returned
with additional regulations to preserve the neighborhood character.
At the Council's direction, Staff drafted design guidelines and master plan amendments
with the assistance of the Town's consultant, Winston and Associates, and input from
Mr. Galvin's representatives, intended to preserve the existing character of the
neighborhood. Prior to presentation of these proposed design guidelines and master
plan amendments to the Vail Town Council, Mr. Galvin withdrew his application.
Town of Vail Page 3
On July 25, 2011 the Planning and Environmental Commission held a work session to
discuss the Vail Village Townhouse District application re- initiated by Staff at the Vail
Town Council's request. Staff presented an overview of the previous Galvin
applications and a summary of the Town's current proposal. The Mauriello Planning
Group, representing Mr. Galvin, noted their general support for the new district and
presented alternatives to the proposed GRFA and building step -back standards. Vail
Rowhouse, Unit 11 owner Dolph Bridgewater expressed his opposition to the proposed
GRFA limits in the new district and the potential redevelopment of the neighboring
Galvin unit.
At the Planning and Environmental Commission's request, Staff mailed a courtesy
notice to each property owner of record and each home owners association at the Vail
Townhouse Condominiums, Vail Rowhouse, Vail Trails East, Vail Trails Chalet, and
Texas Townhomes informing them of the Commission's upcoming August 22nd work
session on the proposed new zone district. At the request of the Vail Townhouse
Condominiums homeowners association, the Commission's August 22nd work session
discussion was tabled to the Commission's September 12, 2011 public hearing.
On September 12, 2011, the Planning and Environmental Commission held another
public hearing on the proposed new zone district and related master plan amendments.
The Commission discussed several issues including gross residential floor area
(GRFA), building step backs, and roof pitches. The Commission requested that Staff
return with a draft ordinance and draft resolution for the Commission's final review and
recommendation to the Vail Town Council.
This item was tabled at subsequent public hearings at the request of property owners
who may be affected by the proposed new zone district and master plan amendments.
IV. APPLICABLE REGULATIONS
ZONING REGULATIONS
12 -1 -2. PURPOSE.
A. General. These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific. These regulations are intended to achieve the following more specific
purposes.
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
Town of Vail Page 4
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
VAIL LAND USE PLAN
Goal 1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
Goal 4. Village Core /Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban Design
Guide Plan and the Vail Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
Goal 5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
Town of Vail Page 5
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
VAIL VILLAGE MASTER PLAN
CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS
GOAL #1: Encourage high quality, redevelopment while preserving unique architectural
scale of the village in order to sustain its sense of community and identity.
Objective 1.1 Implement a consistent development review process to reinforce
the character of the Village.
Objective 1.2. Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1. Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.4. Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.2 The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2. To foster a strong tourist industry and promote year- around economic health
and viability for the village and for the community as a whole.
Objective 2.1. Recognize the variety of land uses found in the 11 sub -areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Policy 2.1.1. The zoning code and development review criteria shall be consistent
with the overall goals and objectives of the Vail Village Master Plan.
GOAL #3. To recognize as a top priority the enhancement of the walking experience
throughout the village.
Policy 3.1.1. Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and seating areas),
along adjacent pedestrian ways.
Objective 3.2. Minimize the amount of vehicular traffic in the Village to the greatest
extent possible.
Town of Vail Page 6
GOAL #5. Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Policy 5.1.5. Redevelopment projects shall be strongly encouraged to provide
underground or visually concealed parking.
CHAPTER VII: Vail Village Sub -Areas
East Gore Creek Sub -Area ( #6)
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A number of the earliest projects developed in Vail are located in the East Gore
Creek Sub -Area. Development in this area is exclusively multi - family
condominium projects with a very limited amount of support commercial.
Surface parking is found at each site, which creates a very dominant visual
impression of the sub -area.
While the level of development in East Gore Creek is generally greater than that
allowed under existing zoning, this area has the potential to absorb density
without compromising the character of the Village. This development could be
accommodated by partial infill of existing parking areas balanced by green
space additions or through increasing the height of existing buildings (generally
one story over existing heights). In order to maintain the architectural continuity
of projects, additional density should be considered only in conjunction with the
comprehensive redevelopment of projects.
Clearly, one of the main objectives to consider in the redevelopment of any
property should be to improve existing parking facilities. This includes satisfying
parking demands for existing and additional development, as well as design
considerations relative to redevelopment proposals. The opportunity to introduce
below grade structured parking will greatly improve pedestrianization and
landscape features in this area. This should be considered a goal of any
redevelopment proposal in this sub -area. Development or redevelopment of this
sub -area will attract additional traffic and population into this area and may have
significant impacts upon portions of Sub -Areas 7 and 10.
Town of Vail Page 7
V. REVIEW CRITERIA
Before acting on an application for an amendment to the Zoning Regulations or the Vail
Village Master Plan, the Planning and Environmental Commission shall consider the
following factors with respect to the requested text amendments:
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Based upon the evidence and testimony presented at multiple public hearings, Staff
believes the proposed Zoning Regulations amendments and Vail Village Master Plan
amendments further the general purposes of the zoning regulations by establishing
zoning standards and development recommendations specifically designed to address
the redevelopment of the existing townhouse properties in Vail Village, while preserving
the existing character of the neighborhood.
Staff also believes the proposed amendments further each of the specific purpose of the
zoning regulations:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
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
The Town of Vail has granted multiple variances to facilitate the remodeling of several
individual townhouse units in Vail Village which has resulted in the inconsistent
Town of Vail Page 8
application of zoning standards to existing townhouse properties. Rather than
perpetuate the current system of requiring variances for most townhouse unit remodels,
the proposed new zone district, and associated master plan amendments, are designed
to regulate the existing townhouse developments in Vail Village. Based upon the
evidence and testimony presented at multiple public hearings, Staff believes the
proposed amendments will minimize the need for future variances and will simplify the
development review process.
The attached ordinance for the proposed Vail Village Townhouse District includes a
GRFA ratio of 1.35. Based upon the existing /allowed GRFA analysis reviewed at
previous public hearings, Staff recommends the Vail Village Townhouse District
includes a GRFA ratio of 1.25.
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
The existing townhouse developments in Vail Village such as the Vail Townhouse
Condominiums, Vail Row Houses, Vail Trails East, Vail Trails Chalets, and Texas
Townhomes are zoned High Density Multiple Family (HDMF) District. These existing
townhouse developments are legally non - conforming in regard to multiple development
standards of the HDMF District including setbacks, parking, density, etc. The standards
of the HDMF District were intended to be applied to larger condominium style
developments and were not designed to be applied to townhouse developments
consisting of individually platted lots. The Town of Vail has granted multiple variances
to facilitate the remodeling of several non - conforming townhouse properties which has
resulted in the inconsistent application of zoning standards to existing townhouse
properties. Based upon the evidence and testimony presented at multiple public
hearings, Staff does not believe the existing HDMF District adequately regulates the
existing townhouse developments in Vail Village.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Based upon the evidence and testimony presented at multiple public hearings, Staff
believes the propose zoning regulation and master plan amendments are consistent
with the Zoning Regulations purposes, Land Use Plan goals, and Vail Village Master
Plan goals, objectives, and policies outlined as follows:
Goal 1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
Town of Vail Page 9
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
Goal 4. Village Core /Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban Design
Guide Plan and the Vail Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
Goal 5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
GOAL #1: Encourage high quality, redevelopment while preserving unique architectural
scale of the village in order to sustain its sense of community and identity.
Objective 1.1 Implement a consistent development review process to reinforce
the character of the Village.
Objective 1.2. Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1. Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.4. Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.2 The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2. To foster a strong tourist industry and promote year- around economic health
and viability for the village and for the community as a whole.
Town of Vail Page 10
Objective 2. 1.- Recognize the variety of land uses found in the 11 sub -areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Policy 2.1.1. The zoning code and development review criteria shall be consistent
with the overall goals and objectives of the Vail Village Master Plan.
GOAL #3. To recognize as a top priority the enhancement of the walking experience
throughout the village.
Policy 3.1.1. Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and seating areas),
along adjacent pedestrian ways.
Objective 3.2. Minimize the amount of vehicular traffic in the Village to the greatest
extent possible.
GOAL #5. Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Policy 5.1.5. Redevelopment projects shall be strongly encouraged to provide
underground or visually concealed parking.
5. Such other factors and criteria the planning and environmental commission
and /or council deem applicable to the proposed text amendment.
Public correspondence received since the Planning and Environmental Commission's
September 12, 2011, public hearing has been attached for review (Attachment D).
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments based upon a review of the criteria outlined in
Section V of this memorandum and the evidence and testimony presented at multiple
public hearings.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request to the Vail Town Council; the Community
Development Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, on the prescribed regulation amendments to Chapter 12 -6, Residential
Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and
Town of Vail Page 11
setting forth details in regard thereto, and a request for a recommendation to the
Vail Town Council on proposed amendments to Chapter Vll, Vail Village Sub -
Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to
Chapter Vlll, Implementation and Amendment, Vail Village Master Plan, to
include recommendations related to a new Vail Village Townhouse (VVT) District,
and setting forth details in regard thereto. (PEC110040, PEC110041)"
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 November
157 2011 memorandum and the evidence and testimony presented at multiple
public hearings, 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 zoning
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. "
VI. ATTACHMENTS
A. Vicinity Map
B. Draft Zoning Code Amendments
C. Draft Master Plan Amendments
D. Public Correspondence (Bugby, Reynolds, and Butterworth)
E. Town Council Power Point Presentation Dated 10/19/11
Town of Vail Page 12
Attachment A
Town of Vail Page 13
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Town of Vail Page 13
DRAFT ORDINANCE NO. _
Series of 2011
AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN
CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (WT) DISTRICT, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations; and,
WHEREAS, the purpose of the amendments is to establish a new zone district to
regulate existing townhouse properties in Vail Village that were legally non - conforming in
regard to the provisions of the High Density Multiple - Family District; and,
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character of
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on the Town of Vail Planning and Environmental Commission
held a public hearing on the application to amend the Town's Zoning Regulations and
establish the Vail Village Townhouse District, in accordance with the provisions of the Vail
Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of for the proposed Zoning Regulation amendments to the Vail
Town Council by a vote of ; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
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,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town Code further the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
promote the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Ordinance No. _, Series of 2011
SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethrn„nh, text that is
to be added is bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District ... 6J
SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stFikethFeug4, text that is to be added is bold,
and sections of text that are not amended have been omitted):
TOWNHOUSE PROJECT: A building or group of associated buildings
consisting of multiple - family dwelling units designed as attached or
row dwellings that are treated as one entity for zoning purposes.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse
project that is subdivided and for zoning purposes is treated as a
separate entity from the remainder of the project.
SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stFikethFeug4, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (VVT) District
SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby
established as follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (WT) DISTRICT
12 -6J -1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for, and
maintain the unique character of, existing townhouse properties in the
Vail Village Master Plan area of the Town of Vail. The Vail Village
Townhouse district is intended to ensure adequate light, air, open
space, and other amenities commensurate with townhomes, and to
maintain the desirable residential and resort qualities of the zone
district by establishing appropriate site development standards.
Certain nonresidential uses are permitted as conditional uses, which
relate to the nature of Vail as a winter and summer recreation and year -
round community and, where permitted, are intended to blend
harmoniously with the residential character of the zone district.
This zone district was established to regulate existing townhome
properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to
Ordinance No. _, Series of 2011 2
encourage and provide incentives for redevelopment of existing
townhouse properties in accordance with the Vail Village Master Plan.
The incentives in this zone district include addressing both townhouse
projects and individually platted townhouse lots, reductions in lot area
standards, reductions in setbacks, increases in density, increases in
gross residential floor area (GRFA), reductions in landscaping area, and
changes in parking design requirements. More restrictive design
considerations have been applied to these properties in accordance
with the Vail Village Master Plan to maintain the unique character of
existing townhouse developments in Vail Village.
12 -6J -2: PERMITTED USES:
The following uses shall be permitted in the VVT district:
Employee housing units, as further regulated by chapter 13 of
this title.
Multiple - family residential dwellings, including attached and row
dwellings and condominium dwellings.
12 -6J -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the VVT district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12 -14 -18 of
this title.
Home child daycare facilities, as further regulated by section 12-
14-12 of this title.
Public buildings, grounds and facilities.
Public utility and public service uses.
Timeshare units.
12 -6J-4: ACCESSORY USES:
The following accessory uses shall be permitted in the VVT district:
Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of section 12 -14 -12 of
this title.
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
Ordinance No. _, Series of 2011
12 -6J -5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area for a townhouse project shall be ten
thousand (10,000) square feet of total site area. Each site shall have a
minimum frontage of twenty feet (20').
The minimum lot or site area for individually platted townhouse lots
shall be two thousand (2,000) square feet of total site area, each site
shall have a minimum frontage of twenty feet (20').
12 -6J -6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front and rear
property lines. The minimum setback shall be twenty feet (20') from the
side property lines, except the setback shall be zero feet (0') from the
side property lines between attached dwelling units.
12 -6J -7: HEIGHT:
For a flat roof, the height of buildings shall not exceed forty feet (40').
For a sloping roof, the height of buildings shall not exceed forty three
feet (43').
12 -6J -8: DENSITY CONTROL:
The existing number of legally established units on a development site
or twenty -five dwelling units per acre of total site area, whichever is
greater, shall be allowed. A dwelling unit may include one attached
accommodation unit no larger than one -third (1/3) of the total floor area
of the dwelling.
12 -6J -9: GROSS RESIDENTIAL FLOOR AREA:
Not more than one hundred twenty five (135) square feet of gross
residential floor area (GRFA) shall be permitted for each one hundred
(100) square feet of total site area. Attached or row dwellings in this
zone district shall not be entitled to additional gross residential floor
area under section 12 -15 -5: Additional Gross Residential Floor Area
(250 Ordinance), or section 12 -15 -4: Interior Conversions of this title.
There shall be no exclusion to gross residential floor area granted for
enclosed garage space within individual dwelling units as referenced in
Chapter 15 Gross Residential Floor Area.
12- 6J -10: SITE COVERAGE:
Site coverage shall not exceed fifty five (55 %) of the total site area.
12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20 %) of the total site area shall be landscaped.
12- 6J -12: PARKING AND LOADING:
Ordinance No. _, Series of 2011 4
Type
III
Off street parking and loading shall be provided in accordance with
chapter 10 of this title. Required parking legally established within the
street right -of -way may be continued subject to a revocable right -of-
way permit issued by the Town of Vail.
12- 6J -13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of
the evidence before the Design Review Board and /or Administrator that
the proposed new construction, addition, or minor exterior alteration is
in compliance with the applicable elements of the Vail Village Master
Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design
Considerations.
SECTION 5. Section 12- 10 -17 -13, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in stFikethreug , text that is to be
added is bold, and sections of text that are not amended have been omitted):
1. Any owner, occupant or building manager who owns, occupies or
manages ten (10) or more private parking spaces located in commercial core
1, commercial core 2, commercial core 3, high density multiple - family, Vail
Village Townhouse, public accommodations, Lionshead mixed use 1,
Lionshead mixed use 2, or special development zone districts and provides
sufficient parking for use by employees may apply to the administrator of the
town for a permit to lease parking spaces.
SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU)
Type, Vail Town Code, is hereby amended in part as follows (text to be deleted is in
c;trikethreugk text that is to be added is bold, and sections of text that are not
amended have been omitted):
Residential cluster
Low density multiple - family
Medium density multiple -
family
High density multiple - family
Vail Village Townhouse
Public accommodation
Commercial core 1
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
Ski base /recreation
Ski base /recreation 2
Special
development district
Parking district
General use
Ordinance No. _, Series of 2011
The EHU
The EHU
may be
is
sold or
excluded
transferred
from the
separately.
calculatio
maximum.
n of
GRFA.
n/a n/a I Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
The EHU is
unit: 300 sq.
excluded
ft. minimum
from the
and 1,200
calculation
sq. ft.
of density.
maximum.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strikethre, inh
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
VVT 1.35 of total site area None
Vail Village Townhouse
SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strikethr,,,,nh
text that is to be added is bold, and sections of text that are not amended have
been omitted):
B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF),
Medium Density Multiple - Family (MDMF), High Density Multiple - Family
(HDMF), A-R4 Housing (H), and Vail Village Townhouse (WT) Districts:
SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strikethr,,,,nh
text that is to be added is bold, and sections of text that are not amended have
been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single - Family
Residential (SFR), Two - Family Residential (R), Two - Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple -
Family (LDMF), Medium Density Multiple - Family (MDMF), High Density
Multiple - Family (HDMF), A+4 Housing (H), and Vail Village Townhouse
(WT) Districts:
SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stFikGthFG6l h, text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single - family residential
(SFR), two - family residential (R), aaA two - family primary/secondary
residential (PS), and Vail Village Townhouse (WT) districts, dwelling
units that meet or exceed allowable GRFA will be eligible to make interior
conversions provided the following criteria are satisfied:
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior
space conversion" provision in excess of existing or allowable GRFA
including such units located in a special development district; provided,
that such GRFA complies with the standards outlined herein.
Ordinance No. _, Series of 2011 6
2. For the purpose of this section, "existing unit" shall mean any dwelling
unit that has been constructed prior to August 5, 1997, and has received a
certificate of occupancy, or has been issued a building permit prior to
August 5, 1997, or has received final design review board approval prior to
August 5, 1997.
SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, is hereby amended in part as follows (text to be
deleted is in strikethre g text that is to be added is bold, and sections of text that
are not amended have been omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in
all zone districts except the single - family residential (SFR), two - family
residential (R), aaA two - family primary/secondary residential (PS), and Vail
Village Townhouse (VVT) districts.
SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethreWg , text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided
in section 12 -24 -5 of this chapter:
2. Vail Village Townhouse (VVT)
SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary
Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is
in strikethre g text that is to be added is bold, and sections of text that are not
amended have been omitted):
Ordinance No. _, Series of 2011
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SECTION 14. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the
validity of the remaining portions of this ordinance; and the Vail Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 15. The Vail Town Council hereby finds, determines and declares
that this ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof. The Council's finding, determination and
declaration is based upon the review of the criteria prescribed by the Town Code of
Vail and the evidence and testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2011 and a
public hearing for second reading of this Ordinance set for the day of ,
2011, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. _, Series of 2011
DRAFT RESOLUTION NO. _
Series of 2011
A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB - AREAS, EAST GORE
CREEK SUB -AREA ( #6), VAIL VILLAGE MASTER PLAN TO INCLUDE
RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT)
DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master
Plan, sets forth the procedures for amending the Town's Zoning Regulations; and,
WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates
associated updates to the Vail Village Master Plan; and,
WHEREAS, the purpose of the amendments is to establish recommendations and
design considerations for the redevelopment of existing townhouse properties in Vail
Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character of
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on , 2011 the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the Town's Zoning
Regulations and establish the Vail Village Townhouse District and associated
amendments to the Vail Village Master Plan; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of for the proposed Vail Village Master Plan amendments to the
Vail Town Council by a vote of ; and,
WHEREAS, the Vail Town Council finds and determines that the amendments
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and compatible with the development
objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Vail Village Master Plan further the general and specific purposes of the plan; and,
WHEREAS, the Vail Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Resolution No. , Series of 2011
SECTION 1. Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6),
Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is
in strikethreug4, text that is to be added is bold, and sections of text that are not
amended have been omitted):
EAST GORE CREEK SUB AREA ( #6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub -Area. Development in this area is exclusively multi - family
condominium and townhouse projects with a YAafy limited amount of support
commercial. Surface parking is found at each site, which creates a VAafy
dominant visual impression of the sub -area.
While the level of development in East Gore Creek is generally greater than
that allowed under existing zoning, this area has the potential to absorb
density without compromising the character of the Village. These T#Fs
developments could be accommodated by partial infills of existing parking
areas balanced by greenspace additions or through increasing the height of
existing buildings (generally one story over existing heights). In order to
maintain the architectural continuity of projects, additional density should be
considered ep�y in conjunction with the comprehensive redevelopment of
projects or individual units. There are several townhouse properties
within this sub -area which were platted and /or constructed under Eagle
County jurisdiction. These townhouse properties are nonconforming
with the many of development standards (including, but not limited to
density, gross residential floor area, setbacks, site coverage, landscape
area) of the High Density Multiple Family (HDMF) District. It is
recommended that greater flexibility with the development standards
may be necessary to allow these townhouse projects to redevelop. This
flexibility may be achieved through the rezoning to the Vail Village
Townhouse (WT) District. However, the granting of variances from the
HDMF District or rezoning to the Vail Village Townhouse (VVT) District
should consider potential impacts to the character of the
neighborhood.
Clearly, one of the main objectives to consider in the redevelopment of any
property should be to improve existing parking facilities. This includes
satisfying parking demands for existing and additional development As well
a Es d;gr,9„ 6 ;dP_ F A- t9 ; FS F et+ve — te F8d8Y8I9PMGRt pFepesals. The
opportunity to introduce below grade structured parking will greatly improve
pedestrian ization and landscape features in this area. This should be
considered a goal of any redevelopment proposal in this sub -area.
Development or redevelopment of this sub -area may w+4 attract additional
traffic and population into this area and may have significant impacts upon
portions of Sub -Areas 7 and 10.
2
Resolution No. , Series of 2011
There are several existing townhouse properties in the East Gore Creek
Sub -Area, including the Vail Townhouse Condominiums, Vail Row
Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes.
These design considerations provide recommendations for the
redevelopment of these properties. The purpose of these design
considerations is to preserve the unique character of the existing
townhouse properties in Vail Village. Redevelopment should be
consistent with the existing pedestrian- oriented, urban character of Vail
Village. All demo /rebuild and new construction projects in the Vail
Village Townhouse District shall comply with these guidelines. It is
understood that renovations to existing buildings may be unable to
fully comply with some of these design considerations.
Redevelopment to existing buildings will be evaluated on a case -by-
case basis, with determination of compliance based upon whether the
renovation to an existing building meets the general intent of these
design considerations.
A. Zoning: The existing townhouse properties in the East Gore Creek
Sub -Area including the Vail Townhouse Condominiums, Vail Row
Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes
should be rezoned from the High Density Multiple - Family (HDMF)
District to the Vail Village Townhouse (VVT) District.
B. Development Pattern: Townhouse properties in the East Gore Creek
Sub -Area should exhibit the appearance and characteristics of a
residential row style development. Buildings should face the street and
appear to be a series of proportionally sized, individual dwelling units
occupying the space from the ground to the roof that are attached
inline by shared side walls. Buildings should exhibit these
characteristics regardless of ownership patterns or the horizontal and
vertical subdivision of properties, and should create a perceived
dwelling unit occupying the space within a building from the ground to
the roof.
C. Architectural Theme: The existing architectural and aesthetic
character of the townhouse properties in Vail Village shall be
preserved.
1. Units: The architectural theme of each dwelling unit or
perceived dwelling unit (occupying the space within a building
from the ground to the roof) shall be expressed on all sides of
that unit to create an architecturally integrated unit.
2. Buildings: Townhouse buildings shall express an architectural
theme of either uniformity or individuality. To portray
architectural and aesthetic integrity, a combination of both
themes within a single building is discouraged.
3
Resolution No. , Series of 2011
a. Uniformity: Townhouse buildings may express a
singular, unified architectural theme in which every
perceived dwelling unit (occupying the space from ground
to the roof) in a building is composed of substantially the
same exterior design, materials, textures, and colors.
b. Individuality: Townhouse buildings may express an
individualistic architectural theme in which each perceived
dwelling unit (occupying the space from ground to the
roof) in a building varies in exterior design, materials,
textures, and colors; so that abutting units do not have the
same architectural treatment. This expression of
individuality among units must be balanced with the
character of the adjacent units and the building as a whole.
D. Building Form and Massing: Buildings shall step back from the front
property line to create the appearance of a two -story facade along the
street. For the purposes of these design considerations, a story is
considered the space between the surface of any floor and the next
floor or ceiling above, not exceeding 11 feet in height.
The front facade of the first floor or street level and the second floor
shall be located within 20 to 28 feet of the front property line. The front
facade of the third floor and any floors above shall step back 6 to 10
feet from the facade of the second floor below.
E. Street Edge: Front facade shall be generally parallel to the street and
form a strong, but irregular edge to the street. Front facades shall
generally align with adjacent units and buildings to create a sense of
street enclosure and continuity, but shall have enough offset between
units and buildings to create visual interest.
F. Facade: To reduce the appearance of building height and mass, and
to create a residential scale and character, all facades shall incorporate
vertical and horizontal articulation to reduce the appearance of building
height and mass and to foster the appearance of a residential
neighborhood. Facades should incorporate doors, decks, porches,
balconies, fenestration, recesses, bay windows, ornamentation, and
other traditional residential architectural elements. No facade shall
appear to be a large unbroken plane. To preserve the existing
pedestrian scale and residential character of the neighborhood,
dwelling unit entries are encouraged on the front of the building;
however, garage entries are strongly discouraged on the front facade.
G. Cantilevers: On the front facade, floor area cantilevered more than
three feet beyond the level below is strongly discouraged. Cantilevered
floor areas shall not be stacked or cantilevered atop one another.
4
Resolution No. , Series of 2011
H. Roof Pitch: The primary roof form should be sloping with pitches
from 3:12 to 6:12. Secondary roofs should be sloping with pitches from
6:12 to 9:12. Flat roofs may have limited use as secondary roofs for
decks and mechanical equipment areas. Mansard roofs create the
perception of additional bulk and mass and are inconsistent with the
architectural character of the existing townhouse properties and the
existing neighborhood. Therefore, mansard roofs are discouraged.
I. Roof Ridge: The primary roof ridges shall be parallel with the front
fagade of the building and should be oriented to not shed snow or rain
onto adjacent properties. To create visual interest and to reduce the
perception of building bulk and mass, roofs shall not create the
appearance of continuous ridges between units or buildings. Roof
ridges should be articulated by stepping in elevation and varying from
front to rear. Dormers and other secondary roof forms may also be
used minimize the perception of a continuous ridge.
J. Fences and Site Walls: Privacy fences and walls along the street are
discouraged, except to screen trash areas, utility equipment, and other
similar items.
K. Landscaping: Landscaping should be used to create privacy and to
soften the visual transition from roadways and parking areas to the
building fagades.
L. Deck Rails: Deck rails shall be designed to minimize the perception
of additional building bulk and mass. Deck rails should incorporate
transparency, material changes, and stepping in alignment from other
building elements. Solid railings that appear to extend the exterior wall
material from below are discouraged.
M. Parking: Off - street parking should be located on at -grade surface
driveways or in below grade shared parking structures. Off - street
parking should not be accommodated with individual or shared
garages, carports, or parking structures on the first floor or street level.
#6 -1 ReSideptial 1pfill Texas Townhomes /Vail Trails
r891o.,ol„n. eRt of eaGh pFejeG -t To encourage redevelopment and to
maintain the existing character of the neighborhood, the Vail Village
Townhouse (VVT) District was established to grant additional gross
residential floor area over what was allowed under High Density
Multiple Family (HDMF) District zoning. A key factor in the redevelopment
of these properties will be to relocate required parking in underground
structures or a single unified structure serving all adjacent properties.
This will allow for increased landscaping and overall improvements to
5
Resolution No. , Series of 2011
pedestrian ways to create a park -like setting on the surface in this area.
Redevelopment shall maintain the existing character of the
neighborhood, with the appearance of two to three story buildings
along the street elevation. In all cases, the mature pines along Gore Creek
shall be maintained. Stream impact must be considered. Special emphasis
on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2.
#6 -2 Manor Vail
Possible residential infill on portions of existing surface parking area and
additional floor to the two northern most buildings adjacent to Gore Creek.
Infill project must include addition of greenspace adjacent to East Mill Creek
and other adjoining pedestrian areas. Height of structure shall be limited to
prevent impacts on view to the Gore Range from Village core and Vail Valley
Drive. Present and future parking demand to be met on site. Traffic
considerations must be addressed. Special emphasis on 1.2, 2.3, 2.6, 3.1,
4.1, 5.1, 6.1
#6 -3 Vail Row Houses
To encourage redevelopment, the Vail Village Townhouse (VVT) District
was established to grant additional gross residential floor area over
what was allowed under High Density Multiple Family (HDMF) District
zoning. Where possible, driveway widths shall be minimized and areas
for landscaping increased. Surface parking shall be improved when
redevelopment occurs using high quality landscape paver treatments
and the current post and chain parking delineation shall be replaced
with other methods to identify private parking. Redevelopment shall
maintain the existing character of the neighborhood, with the
appearance of two to three story buildings along the street elevation.
Improvements to the Gore Creek stream corridor, consistent with Town
policies, shall be considered with redevelopment applications. Special
emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2.
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6
Resolution No. , Series of 2011
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this day of )2011.
, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. , Series of 2011
Bill Gibson
From: Shelley Bellm
Sent: Tuesday, October 25, 20114:33 PM
To: Warren Campbell; Bill Gibson
Subject: FW:
FYI — I received this yesterday.
From: Dale Bugby [ma i Ito: DBugby @VailResortRenta Is. Com]
Sent: Friday, October 21, 20114:55 PM
To: Shelley Bellm
Cc: Council Dist List; Stan Zemler; dboillot @reitlerbrown.com; Dick Parker; 'Gigi Pritzker'; 'Debbie Welles'
Subject:
Dear Planning and Environmental Commission Board Members:
The Vail Townhouse Condominiums (VTCA) located at 303 E. Gore Creek Drive lots 2 -6 want to inform the
PEC that we have reviewed the proposed zoning district for our street and wish to ask for the following
modifications prior to submittal to the Town Council:
VTCA's roof slope and other buildings in the new zoning area are the 3:12 or 4:12 range. The proposal allows for
up to 6:12 slope which we feel is more alpine or "Beaver Creek/ Bachelor Gulch" slope. If the goal is to maintain
the existing character and scale of these buildings, this new steeper slope will change that character.
This new zoning was developed for redevelopment or new buildings. That is why privacy fences are not
encouraged as they envision main living areas on the second floor level where the better views are found. But the
VTCA, Texas Townhomes, Vail Trails East all have existing living areas on the street level where the parking,
driving and walking occur. Privacy fences are very nice for those units. None of these projects will be redeveloped
in the near future, but may be remodeled and fencing should be included for privacy.
The GRFA ratio change is proposed to increase. The VTCA existing ratio is 0.76, which is GRFA (12,322.64 so
to lot area (16,214sf). The Galvin group thought a 1.5 ratio would encourage redevelopment (remember, this
rezoning was initiated by Chris Gavin for his proposed project combining 2 townhouse lots (8 & 9 ?) in the Vail
Rowhouses. He has since withdrawn his application but his architect is advising the TOV staff as the proposed
new rezoning continues through the process). The PEC and TOV Council have not decided on the GRFA ratio.
Galvin's group initially proposed 1.5 ratio, the PEC recommended 1.35 and the Council was considering 1.25? It
is the position of the VTCA that we will only support this re- zoning with the 1.5 GRFA allocation.
We want to thank the planning department for giving us the time to better understand this zoning proposal. We look
forward to working with you on this process that will impact our property values and remodeling potential for years to
come.
Sincerely,
Vail Townhouse Condominium Association
Board of Directors
Dale Bugby
Managing Agent for VTCA
President
Vail Resort Rentals, Inc.
970 - 476 -0900
www.vailresortrentals.com
Vistar Real Estate, Inc.
970 - 476 -6223
www.vistarrealestate.com
cc: Stan Zemler
TOV Board Members
Dale Bugby
Vail Resort Rentals, Inc.
970 - 476 -0900
www.vailresortrentals.com
Vistar Real Estate, Inc.
970 - 476 -6223
www.vistarrealestate.com
Bill Gibson
From: David Reynolds <davidhreynolds @hotmail.com>
Sent: Tuesday, November 08, 20112:17 PM
To: Bill Gibson
Subject: Townhouse Zone District
Dear Mr. Gibson,
I am aware that he Town of Vail Planning and Environmental Commission will be
considering the Vail Village Townhouse District during the meeting of November 14, 2011.
As an owner of a unit in Vail Trails Chalet, and a member of the board of managers, I
wish to express my support for the revised ordinance.
I request that a full basement exemption be allowed or that the GRFA be 1.5.
Thank you for your consideration.
David H Reynolds
1955 Fox Mountain Point
Colorado Springs, Colorado 80906
Bill Gibson
From: Jim Butterworth <jim @butterworth.net>
Sent: Wednesday, November 09, 20118:23 AM
To: Bill Gibson
Cc: Warren Campbell
Subject: Re: Vail Village Town House Zoning District
Attachments: image001.png; image002.png
Dear Bill and Warren, my understanding is that this matter is moving to the PEC on the 14th. I know you've been working on
this project for a LONG time! With respect to the PEC meeting on Monday, I'd respectfully suggest that the PEC allow either a
full basement exemption or for the GRFA ratio to be 1.5.
I appreciate your consideration of this request!
All the best, Jim
From: Bill Gibson <BGibson @vailgov.com>
Date: Fri, 23 Sep 201121:37:43 +0000
To: Jim Butterworth <iim @butterworth.net>
Subject: RE: Vail Village Town House Zoning District
Thanks for your email Jim.
We will be tabling this item to at least the October 101h PEC, but may tabled it out even further to the hearing on the
24`h.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Community Development
TrrUrm OF uaii',
970.479.2173
970.479 -2452 fax
vailgov.com
twitter.com /vailgov
1
From: Jim Butterworth [mailto:iim(abutterworth.net]
Sent: Wednesday, September 21, 2011 11:59 AM
To: Bill Gibson; Warren Campbell
Subject: Vail Village Town House Zoning District
Dear Warren and Bill:
As you know I have been following the proposed Town House district very closely. I would like the attend the
next hearing on this proposal but I have a conflict on September 26th and cannot make the meeting. I would
like to request that you table the proposal to the October 10th meeting date of the PEC so that I might have
the opportunity to speak at the meeting and provide me with a little more time to evaluate the
proposal. Please let me know if you are able to accommodate my request and I appreciate your
consideration.
And thank you for your tireless work on this proposal!
Sincerely,
Jim Butterworth
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TOWN OF
VAIL �
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: November 14, 2011
Subject: Town of Vail Residential Sustainable Building Initiative; review of Site Design
Proposed Measures
SUMMARY
The purpose of this work session is to review the suggested measures in the first
category of the Sustainable Building Initiative (SBI): Site Design. The following
measures have not been assigned points, and are still in the development phase with
the SBI Committee. However each have been evaluated and vetted by the community
representatives and recommended as important elements to the health of our local
ecosystem and key to any green building initiative.
II. BACKGROUND
Site Design Measures
No permanent improvements in stream setback
Mandatory
No removal of wetlands unless constructing wetlands of equal or greater square footage
within the Town of Vail
Mandatory
No permanent improvements within 5 feet of wetlands
Points TBD
No permanent improvements within 10 feet of wetlands
Points TBD
Driveways = 10% or less of total lot size
Points TBD
Permeable driveway surface
Points TBD
Post construction stormwater BMP installed (re- infiltration methods only: e.g. re-
infiltration basins or vegetated swales, retention pond, constructed wetlands
channel, rain garden installed, vegetated roof.)
Points TBD
Site Design Measures Rationale
Stream Setback
Currently, the Vail Town Code requires a minimum setback of 50 feet from the
centerline of Gore Creek and 30 feet from all other established tributaries. The
regulations are within Chapter 12 -14, Supplemental Regulations, and are as follows:
12- 14 -17. SETBACK FROM WATERCOURSE. Minimum setback from a creek
or stream shall be not less than thirty feet (30) from the center of the established
creek or stream channel as defined by the town comprehensive plan base maps,
provided, however, that the setback from Gore Creek shall be fifty feet (50).
Natural creek or stream channels may not be rechanneled or changed.
This regulation was enacted by Ordinance No. 19, Series of 1976, in order to "provide
for proper land development and use." As is the case with other established setbacks,
there are certain encroachments permitted into the setback from watercourse. This
includes a ten foot encroachment by at grade patios, as well as five foot encroachment
by above grade decks. There is no limit on disturbance during construction, nor are
there clear limitations on vegetation and other non - structural improvements.
Staff recommends that at grade patios be removed from stream setbacks entirely,
because the impervious nature of most at grade patios leads to increased runoff that
adversely affects water quality. Staff also recommends that limits of disturbance during
construction be limited within the stream setback, also to prevent adverse effects on the
watershed.
Wetlands
Wetlands are a common land feature within the Town of Vail, but regulations for
wetlands are vague and disturbance on or within wetlands requires federal approval
from the Army Corps of Engineers. Town regulations have no clear requirements for
limits of disturbance. The protection of wetlands is essential because wetlands act as a
filter, ensuring clean water enters the aquifer.
The current regulations for wetlands are as follows:
14 -7 -2: OTHER REQUIREMENTS:
A. Wetlands: If staff determines that wetland vegetation exists on the site, a
report conducted by a qualified environmental consultant delineating
wetland areas must be submitted to the town of Vail and the army corps of
engineers in conjunction with a design review board or planning and
environmental commission application. Approval from the army corps of
engineers must be obtained prior to building permit issuance.
14 -10 -6: RESIDENTIAL DEVELOPMENT.
B. The presence of significant site constraints may permit the physical
separation of units and garages on a site. The determination of whether or
not a lot has significant site constraints shall be made by the design review
board. "Significant site constraints" shall be defined as natural features of
a lot such as stands of mature trees, natural drainages, stream courses and
other natural water features, rock outcroppings, wetlands, other natural
features, and existing structures that may create practical difficulties in the
site planning and development of a lot. Slope may be considered a physical
site constraint that allows for the separation of a garage from a unit. It shall
be the applicant's responsibility to request a determination from the design
review board as to whether or not a site has significant site constraints
before final design work on the project is presented. This determination
shall be made at a conceptual review of the proposal based on review of
the site, a detailed survey of the lot and a preliminary site plan of the
proposed structure(s).
Town of Vail Page 2
Staff recommends wetland setbacks be encouraged to bring focus to wetlands on
private property, which will hopefully influence site design to some degree, ensuring the
health of Gore Creek and surrounding habitat. Other municipalities have a range of
wetland setbacks, anywhere from ten feet to one hundred feet. The requirement for
wetland setback in the Leadership in Energy and Environmental Design (LEED)
program is one hundred feet. The Army Corps of Engineers approval is still relevant, as
it is required by the federal government.
Snowmelt and Driveway Size
In an effort to reduce residential energy use, the topic of limiting or creating an offset
program for snowmelt systems have arisen to achieve energy reduction goals.
However, snow melted driveways have become an amenity of mountain living, that in
some cases, are difficult to travel or maintain without such a system. Another issue
related to driveways is the amount of impervious surface that leads to polluted water
runoff into the watershed. In an effort to reduce snowmelt systems without banning
them, as well as reduce the amount of impervious surfaces on a lot, Staff recommends,
as a first step, that driveway size in low density residential districts be encouraged to
account for only ten percent of the total lot size. Districts could include Single - Family
Residential, Two - Family Residential and Two - Family Primary/Secondary districts. In
the future, additional districts could be addressed, but for now, this would make the
greatest impact. Existing driveways that are legally nonconforming would not be
allowed to expand, but could be maintained. For sites that require additional space for
access, a staff approvable variation could be implemented to ensure that the rules are
fair for all scenarios. Another requirement related to snowmelt limitations would be that
snow melted patios and decks could not count as hardscape as part of the landscaping
requirements. Today, 60% of a site is required to be landscaped. Of this requirement,
20% can include hardscape, with no requirements as to its permeability, or whether or
not some of all of the space is snowmelted. Staff recommends removing all snow
melted surfaces from the definition of hardscape.
Permeable Driveway Surface
Permeable driveway surfaces have a number of benefits: reduced stormwater runoff
and increased ground infiltration, reduced icing, carbon storage and increased traction.
A number of options would be included in this measure such as porous asphalt,
concrete, double track driveways, block paving and other materials as approved by the
Design Review Board.
Post Construction Stormwater Best Management Practices (BMPs)
As Gore Creek, Red Sandstone Creek, and the Eagle River are currently considered by
the State of Colorado as "impaired ", and may be listed on the State's 303(d) list for
impaired waters, it is critical the Town take steps to ensure that future development
does not impact the health of our water quality or habitat. The best way to mitigate
stormwater impacts from new developments is to use practices to treat, store, and
infiltrate runoff onsite before it can affect water bodies downstream. Innovative site
designs that reduce imperviousness and smaller -scale low impact development
practices dispersed throughout a site are excellent ways to achieve the goals of
Town of Vail Page 3
reducing flows and improving water quality'. While commercial site development may
have more opportunity for large scale BMPs, residential developments may use
innovative techniques such as rain gardens, constructed wetlands, swales, etc. to
reduce stormwater runoff. The Design Review Board will determine appropriateness to
Vail, but the specific measure will be determined by the site engineer. Points will be
determined based upon the total square footage offset of stormwater runoff.
III. NEXT STEPS
Staff will return to the Planning and Environmental Commission on November 28th with
items from the next category of the SBI, revisions based upon feedback from the PEC
and the public, and with updates from the November 10th SBI Committee meeting.
VI. STAFF RECOMMENDATION
Staff requests that the Planning and Environmental Commission provide feedback on
the proposed Sustainable Building Initiative measures for Site Design and table this
item to the November 28th, 2011 hearing.
1 US Environmental Protection Agency (2011): Post - Construction Stormwater Management in New Development and
Redevelopment: http: // cfpub. epa. gov / npdes / stormwater /menuofbmps /index.cfm? action =min measure &min_measure _ id =5
Town of Vail Page 4
PLANNING AND ENVIRONMENTAL COMMISSION
October 24, 2011
O1:OOpm
TOWN
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Michael Kurz
John Rediker
Tyler Schneidman
Bill Pierce
Henry Pratt
Luke Cartin
Pam Hopkins
SITE VISITS
None
MEMBERS ABSENT
None
20 minutes
A request for the review of variances from Section 12 -6D -6, Setbacks, Section 12 -6D -8,
Density Control, and Section 12 -6D -9, Site Coverage, Vail Town Code, pursuant to
Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a garage
within the side setback in excess of the allowable gross residential floor area and site
coverage, located at 2586 Davos Trail /Lot 4, Block E, Vail das Schone Filing 1, and
setting forth details in regard thereto. (PEC110053)
Applicant: William R. Aylesworth, represented by Steve Francis
Planner: Bill Gibson
ACTION: Approved
MOTION: Kurz SECOND: Schneidman VOTE: 7 -0 -0
Bill Gibson made a presentation per the Staff memorandum and forwarded the Design
Review Board's recommendation that variances be granted for the applicant's original
garage design (4:12 roof pitch).
Mrs. Francis, representing the applicant, stated that there was a steep driveway
condition on the site which she believed warranted the variances for the proposed
garage addition and new driveway.
Commissioner Pierce noted his support of the applicant's revised garage design (2:12
roof pitch).
Commissioner Pratt asked for additional information about the Design Review Board's
recommendation.
Bill Gibson explained the Design Review Board's recommendation was in response to
their belief that the 4:12 pitch roof was architecturally compatible and allowed for roof
materials other than built up tar and gravel.
Page 1
There was no public comment.
20 minutes
2. A request for the review of a variance from Section 11- 6- 3A -1c, Height, Business
identification signs in Sign District 1, Sign Regulations, Vail Town Code, pursuant to
Chapter 11 -10, Variances, Vail Town Code, to allow for the installation of awnings with
less than eight (8) feet of minimum height clearance above pedestrianways, located at
186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC110055)
Applicant: Tochter, LLC, represented by Leah KS Mayer
Planner: Rachel Dimond
ACTION: Approved with Condition(s)
MOTION: Kurz SECOND: Hopkins VOTE: 7 -0 -0
1. This sign variance approval is contingent upon the applicant obtaining Town of
Vail design review approval for the awning sign.
2. This variance shall be granted to all businesses located on the north fagade at
the Lodge Promenade.
Rachel Dimond made a presentation per the Staff memorandum and outlined the Design
Review Board's recommendation of a variance approval for awning height.
Commissioner Pratt asked if the photo in Attachment B was a rendering of the proposed
awning design.
Rachel Dimond responded in the affirmative.
Commissioner Pratt explained that the awning was differing in design from the other
awnings.
Leah Mayer, representing the applicant, provided details on the proposed awning and
explained that all awnings on the subject fagade are significantly different.
There was no public comment.
45 minutes
3. A request for a recommendation to the Vail Town Council for prescribed regulation
amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3-
7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski
storage, and setting forth details in regard thereto. (PEC110054)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Recommendation of approval with modification(s)
MOTION: Kurz SECOND: Schneidman VOTE: 6 -1 -0 (Pratt opposed)
1. The proposed regulations shall be amended to establish outdoor ski staging as
an accessory use only, not a conditional use.
2. Design review approval of outdoor ski staging shall be valid for one year.
3. An additional provision shall be added to only allow the amount of outdoor ski
staging necessary to operate the business.
4. Section 11 -7 -17 shall be amended to be Section 11 -7 -18.
Page 2
5. The duration of use section shall be amended to allow outdoor ski staging from
6am until the close of the associated business.
6. Outdoor ski staging shall be permitted without any design review approval
until December 18, 2011, after which design review shall be required.
7. By May 1, 2014, the PEC and Town Council shall review the outdoor ski staging
regulations to evaluate the program and determine if amendments should be
explored.
Rachel Dimond made a presentation per the Staff memorandum with a PowerPoint
presentation.
Commissioner Hopkins stated that the regulations should be a short -term solution with a
set end time until a permanent solution is established. She expressed concern about
this use detracting from the beautiful village as it will be occurring outside the
establishments.
Commissioner Kurz expressed that the Commission requested regulations be written as
a conditional use permit. He inquired as to the applicability of including a sunset time
period in the regulations as suggested by Commissioner Hopkins.
Commissioner Hopkins expressed that there should be a goal in the regulations that
encourages the users of this use to seek a better solution than outside use of space.
She believes this is a great customer service that will flourish and she believes that
future improvements to the concept should be employed as they are found. She is
concerned that this use will detract from the village. She pointed out the amount of time
focused on newspaper rack designs, streetscape, etc.
Commissioner Pratt asked for clarification regarding the limitation on the height of
structures in the proposed regulation.
Rachel Dimond clarified that the six -foot height limit did not apply to tents.
Commissioner Pierce inquired as to the ability to place a time frame on this use if it were
to become an accessory use.
Commissioner Cartin stated he sees two separate issues regarding hotel verse
commercial ski rental establishments. He suggested that the requirements include
removal of this use from outside the business by 5 or 5:30 verse 7pm.
Commissioner Rediker asked several questions. He inquired with regard to the
definition of a retail establishment with rentals. He expressed a concern that there will
be a rush for retail establishments to provide this service. He said we may want to
narrow the definition of which establishments can offer this service. He suggested that
there be a time frame on all approvals. He stated concern about some limitation on the
number of racks and the ski yard beginning to look like an outdoor bazaar. He also
expressed concern about the enforcement of the aesthetics section of the proposed
regulations. He asked if it would be practical to have the racks manned, as it could be
costly for smaller businesses. He suggested that a height limitation may be necessary
Page 3
for tents. He said he understands why lodges need this use, but is concerned about
retail establishments and ski shops providing this service.
Johannes Faessler, representing the Sonnenalp, stated that Staff has done a good job
establishing regulations for a service the Sonnenalp has been providing for over 20
years. He suggested that the allowed timeframe for operations be left more flexible as
his racks are pushed into the store in the retail aisles just before closing. He also stated
that one cannot assume that all the skis are going to be picked up the next day as some
are being pulled and brought back to the lodge for the guest's departure. He agreed
with Commissioner Hopkins that there is probably a better solution out there, but he
does not believe this use will go away. He is concerned that there is no commercial ski
storage permitted on the first floor which forces this use outside of establishments. He
suggested that the retail surrounding Eaton Plaza may be a good area to allow
commercial ski storage as they are largely not open in the summer due to removal from
the village core.
Lance Thompson, representing the Sebastian, stated his business's ability to
accommodate any time frame for having the skis put away.
Adam Hart, representing the Double Diamond, inquired as to the allowable sign area.
He stated that having the racks outside in the evening allows him to accommodate more
customers as he places the racks on the first floor of the rental area at night.
Jeff Babb, representing Vail Resorts operations, spoke to his ability to have the skis
placed away by the 7 pm time frame. He spoke to the need to have the racks manned
and he asked that 6 square feet of signage be considered in the regulations. He spoke
to how Vail Resorts allows for other entities to come into the ski yard to utilize the space.
Johannes Faessler inquired as to how the approval of these applications will occur as ski
season is fast approaching.
Rachel Dimond responded that should the use be permitted as an accessory use subject
to design review only, review by the DRB could occur on November 16, as second
reading of an ordinance could occur as quickly as November 15.
Commissioner Kurz, suggested that an accessory use was appropriate, sign size of 6
square feet was appropriate, a provision for a revisiting the regulations after three ski
seasons. He added that providing for a 30 day amnesty to start the ski off to get your
plan approved.
Commissioner Rediker stated he is in favor of extended ski rack storage outside, 6
square feet of signage, and approval on a annual basis. He stated he would like to see
a statement that no more racks shall be permitted that is necessary for the operation of
the business. He said he believes that a sunset clause that would terminate the
regulations in three years may be too short based on the investments that will be made
by businesses.
Page 4
Commissioner Hopkins stated that she was only looking for a provision to revisit the
regulations to make improvements after three ski seasons.
Commissioner Cartin expressed a concern that the first floor being allowed for storage of
racks could entice people to use the outdoor space and aisles to start a new business.
Adam Hart of the Double Dimond asked about provisions prohibiting the blocking of
store fronts.
Commissioner Pratt stated he believes it is important to not limit the approvals to one
year, but to call -up an approval if there is a problem. He stated six square feet of
signage is appropriate but maybe more should be allowed for logos. He would
recommend that certain establishments receive Staff approval if they have been
operating without problems.
45 minutes
4. A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant
to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross
residential floor area on the lowest level of a structure that contains a garage in the
Hillside Residential, Single - Family Residential, Two - Family Residential, and Two - Family
Primary/Secondary Residential Districts, and setting forth details in regard thereto.
(PEC110043)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved
MOTION: Kurz SECOND: Rediker VOTE: 6 -1 -0 (Cartin opposed)
Bill Gibson made a presentation per the Staff memorandum.
Kathy Langenwalter, local architect, spoke to the examples that were selected by Staff
and how they exhibit the topic being discussed. She made herself available for
questions.
Commissioner Pierce noted that the proposed amendments are what the Commission
had requested Staff to prepare.
Bill Gibson further clarified that the basement GRFA deduction is separate from the other
GRFA deduction. The basement deduction is not intended to be blended with other
credits like the garage deduction to artificially allow larger garages.
Commissioner Cartin expressed concern about double deductions being applied to the
same floor area.
Commissioner Hopkins stated that this clarification makes sense and is needed.
Commissioner Pratt expressed concern about designers "gaming" the system, but noted
that the sample calculations demonstrated the case for the proposed amendments.
Page 5
Bill Gibson reiterated that some existing homes will be allowed to become larger than
under the current regulations, but only to the same extent already allowed for other
homes in the same zone district.
60 minutes
5. 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 Dimond/ Kristen Bertuglia
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
Kristen Bertuglia made a presentation per the Staff memorandum.
Martin Haeberle stated that there is support for this countywide program in all
communities except Eagle and Gypsum.
Commissioner Pierce asked if a recommendation should be made at this time.
Rachel Dimond suggested that this is the beginning of many hearings to inform the PEC
prior to making any formal recommendations.
Commissioner Hopkins stated that it is admirable to keep up with the game. She said
that for now, education will help and then we can increase standards to be good
stewards of the planet.
Rachel Dimond stated that any architectural examples would be helpful to determine
how many points are already accrued by new homes.
Kristen Bertuglia stated that the Town conducted a cost analysis study and the increase
in cost would be between 3% and 10 %, depending on the structure of such a program.
Martin Haeberle stated that construction is of high quality so Vail homes are already
more efficient than the standard home in Denver.
Commissioner Pierce stated that the size of driveways should be addressed when
discussing heated driveways. He added that alternative sources of heating should be
explored.
Commissioner Hopkins stated that in addition, useless solar panels should not be
permitted.
Page 6
Commissioner Cartin stated that innovation should be split up with design, construction
and those innovations contributing to longevity. He added that the Walking Mountains
building in Avon is innovative, not just green to be green.
Commissioner Pratt stated that you should not be able to buy GRFA as an incentive to
be innovative. He added that points for solar panels should only be achieved when the
panels lay flat on the roof and are integrated with the structure. He added that when
building a house with snowmelt under ecoBuild, the fee was $80,000.
Rachel Dimond stated that Staff may propose to eliminate the bonuses for snowmelted
driveways including steeper grades and less snow storage.
Kristen Bertuglia stated that the goal is to reduce heated space.
Michael Kurz stated that the goal of local ecosystem health should be the primary goal.
He stated its naive to think anything we do will affect local climate change. However, he
stated that improving the gold medal trout status and similar items should be addressed
specifically. He added the program is terrific, specifically the concept of providing
incentives.
Commissioner Cartin identified the gems paradox- the more efficient you become, the
more you use resources.
Martin Haeberle stated that many mechanical systems are a result of this paradox.
Commissioner Kurz asked about studies on cost /square foot between a regular house
and a LEED home, for example.
Commissioner Hopkins stated in her experience, it can be an approximate 5% increase
in cost.
Jim Lamont of the Vail Village Homeowners Association stated you need criteria to give
more points for buildings that build less square footage than what they are allowed to
build. He added that the Town should understand how the regulations will affect cost.
Warren Campbell mentioned that while the original owner may want the improvements,
the next owner may wish to change the home, and thus, change how points have been
achieved.
Commissioner Pierce suggested not pushing for solar panels that don't produce energy.
Kristen Bertuglia explained the efficiency requirements of a rebate program.
5 minutes
6. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend
Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of
Page 7
designated view corridors impacted by vegetation, and setting forth details in regard
thereto. (PEC110056)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
5 minutes
7. A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village
Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a
recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail
Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to
Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include
recommendations related to a new Vail Village Townhouse (VVT) District, and setting
forth details in regard thereto. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
5 minutes
8. A request for a recommendation to the Vail Town Council for prescribed regulations
amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail
Town Code, to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property,
Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on
Private Property, Vail Town Code, and setting forth details in regard thereto.
(PEC110021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Withdrawn
9. Approval of September 26, 2011 minutes
MOTION: Kurz SECOND: Cartin VOTE: 7 -0 -0
10.Approval of October 10, 2011 minutes
MOTION: No action because hearing did not have quorum.
11. Information Update
12.Adjournment
MOTION: Kurz SECOND: Cartin VOTE: 7 -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.
Page 8
Community Development Department
Published October 21, 2011, in the Vail Daily.
Page 9
Ad Name: 7216849A
PLANNING AND ENVIRONMENTAL
Customer: TOWN OF VAIL /PLAN DEPT /COMM
COMMISSON
Novem00pm'2011
Your account 1022233
TOWN COUNCIL CHAMBERS
-
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
'ir �- • -• - _ -;
MEMBERS PRESENT - MEMBERS ABSENT
PROOF OF PUBLICATION
45 inutes
1.A request for a recommendation to the Va I Town
Council on prescribed regulation amendments to
Chapter 12 -6, Residential Districts, Vail Town
STATE OF COLORADO }
Code, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, to establish a new zone district,
Vail Village Townhouse (VVT) District, and setting
1 ss
1
forth details in regard thereto; and a request for a
recommendation to the Vail Town Council on pro -
COUNTY OF EAGLE }
posed amendments to Chapter VII, Vail Village
Sub - Areas, East Gore Creek Sub -Area ( #6), Vail
Village Master Plan, pursuant to Chapter VIII, Im-
plementation and Amendment, Vail Village Master
I, Don Rogers, do solemnly swear that I am a qualified
Plan, to include recommendations related to a new
Vail Village Townhouse (VVT) District, and setting
representative ofthe Vail Daily. Thatthe same Daily newspaper
forth details in regard thereto. (PEC110040,
Town
Appl ca00 of Vail
in in in the County
la Bill Gibson
printed, whole or part and published
ACTION;
of Eagle, State of Colorado and has a general circulation
g g
therein; that said newspaper has been published continuously
MOTION: SECOND:VOTE:
so minutes
2.A request for a final recommendation to the Vail
Town Council for prescribed regulations amend-
and uninterruptedly in said County of Eagle for a period of
ments to Title 12, Zoning Regulations and Title 14,
Development Standards, Vail Town Code, pursu-
more than fifty -two consecutive weeks next prior to the first
ant to Section 12 -3 -7, Amendment, Vail Town
code, to provide regulations that will implement
sustainable building and planning standards, and
of the annexed legal notice or advertisement and
setting forth details in regard thereto.
publication
g
(PEC090028)
that said newspaper has published the requested legal notice
Applicant: Town of Vail
Planner: Rchel Dimond/ Kristen Bertuglia
and advertisement as requested.
ACTION:
MOTION: SECOND:VOTE:
5 minutes
3.A request for a recommendation to the Vail Town
The Vail Daily is an accepted legal advertising medium,
Council for a prescribed regulations amendment,
pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to amend Chapter 12 -22, View Corridors,
only or jurisdictions operating d Colorado's H
y .1 p g uner ora s ome
Vail Town Code, to allow for the maintenance of
designated view corridors impacted by vegetation,
Rule rOV1SlOri.
p
and setting forth details in regard thereto.
(PEC110056)
Applicant: Town of Vail
Planner: Warren Campbell
That the annexed legal notice or advertisement was
ACTION: Table to November 28, 2011
MOTION: SECOND:VOTE:
published in the regular and entire issue of every
5 minutes
4.A request for findings of fact and a determination
of accuracy and completeness, pursuant to
number of said daily for the period of I
y P
Chapter 12 -3, Administration and Enforcement,
Vail Town Code, and Article 12 -713, Commercial
consecutive insertions; and that the first publication of said
p
Core 1 District, Vail Town Code, for applications for
a major exterior alteration, pursuant to Section
notice was in the issue of said newspaper dated 11/11/2011 and
12 -713-7, Major Exterior Alterations or
Modifications, Vail Town Code, to allow for the ad-
that the last publication of said notice was dated 11/11/2011 in
dition of GRFA (Rucksack Building), located at 288
Bridge Street, Unit R -2/ Part of Lots C & D, Block
the issue of Said newspaper.
5A, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC110045); and a major exterior
alteration, pursuant to Section 12 -713-7, Major
Exterior Alterations or Modifications, Vail Town
Code, to allow for additions of enclosed floor area;
In witness whereof, I have here unto set m hand this day,
y y
a variance, pursuant to Chapter 12 -17, Variances,
Vail Town Code, from Section 12- 14 -17, Setback
11/21/2011.
from Watercourse, Vail Town Code, to allow for
encroachments into the Mill Creek setback and a
variance, pursuant to Chapter 12 -17, Variances,
Vail Town Code, from Section 12- 713-15, Site
Coverage, Vail Town Code, to allow for additions of
enclosed floor area in excess of allowable site
coverage, located at 288 Bridge Street, Unit R -1
(Rucksack Building)/ Part of Lots C & D, Block 5A,
Vail Village Filing 1, and setting forth details in
General Manager /Publisher /Editor
regard thereto. (PEC110046, PEC110050)
ACTION: Table to November 28, 2011
Vail Daily
Subscribed and sworn to before me, a notary public in and for
MOTION: SECOND:VOTE:
5.Approval of October 24, 2011 minutes
MOTION: SECOND: VOTE:
the County of Eagle, State of Colorado this day 11/21/2011.
6.Information Update
7.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
Pamela J. Schultz, Notary Public
orientation and the site visits that precede the
public hearing in the Town of Vail Community
Development Department. Please call (970)
My Commission expires: November 1, 2015
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 November 11, 2011, in the Vail Daily.
(7216849)
Ad Name: 7165827A
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account 3
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. Thatthe same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty -two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
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 10/28/2011 and
that the last publication of said notice was dated 10/28/2011 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
10/31/2011.
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 10/31/2011.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12 -3 -6, Vail Town Code, on November 14, 2011,
at 1:00 pm in the Town of Vail Municipal Building,
in consideration of:
A request for findings of fact and a determination of
accuracy and completeness, pursuant to Chapter
12 -3, Administration and Enforcement, Vail Town
Code, and Art icle 12 -713, Commercial Core 1 Dis-
trict, Vail Town Code, for applications for a major
exterior alteration, pursuant to Section 12 -713-7,
Major Exterior Alterations or Modifications, Vail
Town Code, to allow for the addition of GRFA
(Rucksack Building), located at 288 Bridge Street,
Unit R -2/ Part of Lots C & D, Block 5A, Vail Village
Filing 1, and setting forth details in regard thereto.
(PEC110045); and a major exterior alteration, pur-
suant to Section 12 -713-7, Major Exterior Alter-
ations or Modifications, Vail Town Code, to allow
for additions of enclosed floor area; a variance,
pursuant to Chapter 12 -17, Variances, Vail Town
Code, from Section 12- 14 -17, Setback from Water-
course, Vail Town Code, to allow for encroach-
ments into the Mill Creek setback and a variance,
pursuant to Chapter 12 -17, Variances, Vail Town
Code, from Section 12- 713-15, Site Coverage, Vail
Town Code, to allow for additions of enclosed floor
area in excess of allowable site coverage, located
at 288 Bridge Street, Unit R -1 (Rucksack Building)/
Part of Lots C & D, Block 5A, Vail Village Filing 1,
and setting forth details in regard thereto.
(PEC110046, PEC110050)
The applications and information about the propos-
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
public is invited to attend site visits. Please call
970 - 479 -2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24 -hour notification. Please call
970 - 479 -2356, Telephone for the Hearing Im-
paired, for information.
Published October 28, 2011, in the Vail Daily.
(7165827)