HomeMy WebLinkAbout2012-0326 PECrowN oF vai� �
PLANNING AND ENVIRONMENTAL COMMISSION
March 26, 2012
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Members Present
Site Visits:
1. Ford Park — 530, 540 & 580 South Frontage Road East
Members Absent
60 minutes
45 minutes
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the zoning administrator's
determination that an appeal form submitted by the Vail Gateway Plaza Condominium
Association on January 4, 2012, was untimely, and therefore, can not be heard by the Planning
and Environmental Commission. This determination was made in accordance with Section 12-3-
3.3 of the Zoning Regulations of the Town of Vail. The Vail Gateway Plaza Condominiums are
located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1.
Appellant: Vail Gateway Plaza Condominium Association, represented by Lansky, Weigler,
and Porter, P.C.
ACTION:
MOTION: SECOND: VOTE:
CONDITIONS:
30 minutes
2. A request for a recommendation to the Vail Town Council for amendments to the Ford Park
Management Plan, to allow for the construction of various improvements at Ford Park
(realignment of athletic fields, new restroom and concession buildings, new covered outdoor
terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford
Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580
South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
CONDITIONS:
5 minutes
3. A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-
10, Amendment Procedures, Vail Town Code, to allow for the construction of various
improvements at Ford Park (realignment of athletic fields, new restroom and concession
buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park
entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements,
etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details
in regard thereto. (PEC120003)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to April 9, 2012
MOTION: SECOND: VOTE:
CONDITIONS:
5 minutes
Page 1
4. 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: Table to April 9, 2012
MOTION: SECOND: VOTE:
CONDITIONS:
5. Approval of March 12, 2012 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 March 23, 2012, in the Vail Daily.
Page 2
TOWN OF VAIL�
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 26, 2012
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the zoning
administrator's determination that an appeal form submitted by the Vail Gateway
Plaza Condominium Association on January 4, 2012, was untimely, and
therefore, can not be heard by the Planning and Environmental Commission.
This determination was made in accordance with Section 12-3-3.3 of the Zoning
Regulations of the Town of Vail. The Vail Gateway Plaza Condominiums are
located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1.
Appellant: Vail Gateway Plaza Condominium Association, represented by
Lansky, Weigler, and Porter, P.C.
Staff: Matt Mire, Town Attorney
I. SUMMARY
The question to be answered by the Planning and Environmental Commission
regarding this appeal is:
Did the zoning administrator properly determine that the appeal filled on
January 4, 2012, was untimely, pursuant to Section 12-3-3.3, Appeals, Vail
Town Code?
A confidential memorandum from the Town Attorney has been attached for
reference.
II. APPLICABLE DOCUMENTS
12-3-3: APPEALS:
A. Administrative Actions: Any decision, determination or interpretation by any
town administrative official with respect to the provisions of this title and the
standards and procedures hereinafter set forth shall become final at the next
planning and environmental commission meeting (or in the case of design related
decision, the next design review board meeting) following the administrator's
decision, unless the decision is called up and modified by the board or
commission.
8. Appeal Of Administrative Actions:
1. Authority: The planning and environmental commission shall have the
authority to hear and decide appeals from any decision, determination or
interpretation by any town administrative official with respect to the
provisions of this title and the standards and procedures hereinafter set
forth, except that appeals of any decision, determination or interpretation
by any town administrative official with regard to a design guideline shall
be heard by the design review board.
2. Initiation: An appeal may be initiated by an applicant, adjacent property
owner, or any aggrieved or adversely affected person from any order,
decision, determination or interpretation by any administrator with respect
to this title. "Aggrieved or adversely affected person" means any person
who will suffer an adverse effect to an interest protected or furthered by
this title. The alleged adverse interest may be shared in common with
other members of the community at large, but shall exceed in degree the
general interest in community good shared by all persons. The
administrator shall determine the standing of an appellant. If the appellant
objects to the administrator's determination of standing, the planning and
environmental commission (or the design review board in the case of
design guidelines) shall, at a meeting prior to hearing evidence on the
appeal, make a determination as to the standing of the appellant. If the
planning and environmental commission (or the design review board in the
case of design guidelines) determines that the appellant does not have
standing to bring an appeal, the appeal shall not be heard and the original
action or determination stands.
3. Procedures: A written notice of appeal must be filed with the
administrator or with the department of community development rendering
the decision, determination or interpretation within twenty (20) calendar
days of the decision becoming final. If the last day for filing an appeal falls
on a Saturday, Sunday, or a town observed holiday, the last day for filing
an appeal shall be extended to the next business day, The administrator's
decision shall become final at the next planning and environmental
commission meeting (or in the case of design related decision, the next
design review board meeting) following the administrator's decision,
unless the decision is called up and modified by the board or commission.
Such notice shall be accompanied by the name and addresses (person's
mailing and property's physical) of the appellant, applicant, property
owner, and adjacent property owners (the list of property owners within a
condominium project shall be satisfied by listing the addresses for the
managing agent or the board of directors of the condominium association)
as well as specific and articulate reasons for the appeal on forms provided
Town of Vail Page 2
by the town. The filing of such notice of appeal will require the
administrative official whose decision is appealed, to forward to the
planning and environmental commission (or the design review board in the
case of design guidelines) at the next regularly scheduled meeting, a
summary of all records concerning the subject matter of the appeal and to
send written notice to the appellant, applicant, property owner, and
adjacent property owners (notification within a condominium project shall
be satisfied by notifying the managing agent or the board of directors of
the condominium association) at least fifteen (15) calendar days prior to
the hearing. A hearing shall be scheduled to be heard before the planning
and environmental commission (or the design review board in the case of
design guidelines) on the appeal within thirty (30) calendar days of the
appeal being filed. The planning and environmental commission (or the
design review board in the case of design guidelines) may grant a
continuance to allow the parties additional time to obtain information. The
continuance shall be allowed for a period not to exceed an additional forty
(40) calendar days. Failure to file such appeal shall constitute a waiver of
any rights under this title to appeal any interpretation or determination
made by an administrator.
4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all
permit activity and any proceedings in furtherance of the action appealed
unless the administrator rendering such decision, determination or
interpretation certifies in writing to the planning and environmental
commission (or the design review board in the case of design guidelines)
and the appellant that a stay poses an imminent peril to life or property, in
which case the appeal shall not stay further permit activity and any
proceedings. The commission (or board) shall review such certification
and grant or deny a stay of the proceedings. Such determination shall be
made at the next regularly scheduled meeting of the planning and
environmental commission (or the design review board in the case of
design guidelines).
5. Findings: The planning and environmental commission (or the design
review board in the case of design guidelines) shall on all appeals make
specific findings of fact based directly on the particular evidence presented
to it. These findings of fact must support conclusions that the standards
and conditions imposed by the requirements of this title have or have not
been met.
6. Fee: The town council may set a reasonable fee for filing an appeal of
an administrative decision, determination or interpretation. The fee will be
adopted in a fee schedule which shall be maintained in the department of
community development. The fee shall be paid at the time the appeal is
filed.
Town of Vail Page 3
III. ATTACHMENTS
A. Vail Gateway Plaza Condominium Association Appeal materials dated
February 6, 2012
Town of Vail Page 4
„
„
Lansky, Weigler & Porter, P.C.
Fcbruarv C. 1012
VIA IIANll Dt�:L[VF,RY
Town of Vail
1)epartment of Community Developrr�ent
75 South �'rontagc Road
Vail. CO 815�7
Rc
l�ur! (Jutetiruv P/ci=u (.Oi1GIUll1ll7111171 lI.S,SOC1Cl/l031, I��c.
Arthrex, lnc. -� l;nit C•-10
Dear Sir or 1vladam:
coP�Y
�:� Wendy E. Weigler
:;��r,eigler:�?�la��skye:e�g'ecccm
1
�.
� � � � V �
FEB� 07 2012
OF VAIL
I.ansky, Wei�ler & Porter, P.(.,. repres��nts the Vail Ciai.e���ay Plara Conc�uminium
Association., lnc. (the "Association"). Plc�ise cor.sidcr this letter ��nd enclosed dc�cun�cnts as the
Association''s appeal of the Director of Community Dev�lopi:��e�it�5 d�cision, c�atcd January 18,
2U12, to den�y the nssociation' appea! as untimely. A copy of Cieorge Ruther's Janua�� 14, 2U12
letter is enclosed herewith.
nccording to the January 18, 2012 letter, the buildi»g ipermit ���as issued and apprc>ved on
Scptember �!l, 201 1. On I)ecembcr 'I5, 201 1, the Community Developmc�lt I)ep�rtmc��t issued a
memorandum, thc statcd }�lu•posc of �,��11ic1� �vas to provide a si.immary of the approvcci �use (the
"Memorandum"�. /� COpy Ot l�lE MelllOi'�lI1C�lll11 VV3s provi�icd t�> the Association on December
15, 2011.
T'he Memorandum acknuwle�.iges that the nssociation �vas not notified ofthe bi.�ildinb
permit sincr. the applicant did not propose a change in use, th<�retore, "no joint propert;� owncr
signature(s) or notice was requii-cd.” 'I�he ?�Iemoi�andum fiirthcr states `•n��thing reyuir��s
homeowners association sig»aturt(s) c�r notice for tlie is�uano: of a buildin� permit in the; Town
ot� Vail."
Clea�rly, based on the l�rpartrn�nt�s adn�issions, the buildi»g permit ���as issueci without
notice to thc; Association. To rcquirc the Assc�ciatior� to have ap�eale�l a decision for vvhich it
rcc������1c���c��jce is a i�undamc��tal depri��ation of due ��rc�cess.
1401 17ih Street, Suite 560
Dem.��r, Colorado 8020'I
v�r�.a�v�.lanskyweigler.com
• Direct 303.382.4153
o Office 303.297.1900
o Fax 303.293.8938
,:., . , .. . .
.�
Uf� , .
'l�own ol� Vail
1� ebruary 6, '<'.012
Page 2 0l� 4
Furth.er, th� Assc�ciation was a.dvised by Mr. Ruther tha�t it I�ad the right to appeal the
findings set i�orth in the Memorandum. �'1n email c�atecl llecen�iber 22, 20l l from Mr. R.uther to
Charles T,ipcon, president of the Association, is enclosed here���ith. The email states "the issue
�sic] of a building permit is not an ap��ealable actio» ... ]nsteaci, you may choose to appcal the
zoning admiiiistrator's determination of the prc>fcssional office use ... (f you �•ere ta ap�peal you
woiild do so in response to the Arthrex, Inc. I�ile memo that was sent to your attention.''
'I�he ,�ssociation rclicd on ?�1r. lluth�r's representation�, when it subaiiittcd its appeal on
January 4, 2f)12. Because the position taken by Mr. Ruthcr in his .lanuary 18, 2012 lctter is
completely conU•ary to the representations made on I�ecember 22, 201 l, the Association is
appealing the decision to deny the appeal as untimely. We resp�ctfully request tl�at the ap}�eal be
heard by the Planning and I-:nvironmE�ntal Commission, as set forth in the 'I'own Code.
Yurs�uant to Section 12-3-3 of the Town Code, an "aggrieved or adversely aficcted
person" mea�ns any person ���ho ���ill suf�fer an advcrse eftect to an intcre�t protectcd or• i'urthercd
by this title. '1'he adverse interest nia,y be shared in common with othcr mcmbers of thc
community at lar�;e, btrt shall �xceed in drgree the general inte°rest in commw�ity bood shared by
all persons.
1�he Association is the condominium association for th.e Vail Gateway Plaza
Condominiums, a mixed-use develo��meilt consisting ot�nine (9) residential units, tourl:een (l4)
commercial uniis and thirteen (13) parking spacc units. 'l�he F�ssociation is authorizcd by its
gover�iing documents and Coloraciu statute to take action on behalf of its�lf or two or nnore unit
owners on matters affecting the common interest community.
'I�he Association and its members are "abgricved ar adversc;ly af�lccted" persons because
their property values and marketahility will be negatively iil�pacted by the operation of a surgical
skills training iacility ii� Unit C'-10. �l�he comm�rcial units in 'li�c nssociation were intr.nded to be
used fi�r 1im.ited putpo5es, as 5et Iorth in the nssociation's Rules aiid Re�ulations. Spe:ciiically
excluded from the permitted uscs are;. retail use, restaurant (cxcept for the existin� rest�iurant),
bar, photc�graphic, I711lItIllt}1 OC 1T]U�tlz�raph rerroductions, a barber c�r manicure shop, an
employment bureau, a labc�r union oFficc, a d�111CC OC I17Uti1C Sll.ldl0, or any type of school. Also
excluded is the usc of any eyiiirment utilizi�lg ammonia or other process necessit�iilil� VClltltl�.
I��IC RLIICS �'1I'O�lihll 1C��'Cl'IISE:111ti11S �'�'Yl1C}l lCll(� 10 "impair thc rcputation oi� thi: Vail Gatc�vay
Builtiin� or its desirability as a high qualit}� �i�[ic� builcl�ng.�°
Lansky, Weigler & Porter, P.C.
1 UWIl Ot ��2111
��ebrua�y ��, ��o i 2
Yage i of 4
'I�he proposed u5e of Unit C-] 0 by Arthrex, lnc. is that of a healthcare, conferen�ce,
meeting and!or convention facility, nc.�t of a professie�nal oFfice�. Accorclin�� to the ;vtemorandum,
the definitioin of Proiessional Office is as folluws: "A�i of�fice lor the practice of a profi�ssion,
such as offices of phy�icians. dentists, la��-yers, architects. enbincers, musicians, teachers,
accounlants, and others who through training are qualifie� to perfo�•m services of a prol:essional
nature, ��vher�c storage, sale, or display of mcrchandisc cm the premises occupies lcss than ten
percent (10°'0) of the floar arca."
"I�he Memorandum acknowledges that Arthrex, Inc. is ,1 company that providcs products
and services fnr orthopaedic surgcons. �I�he pro��osed use of Unit C-10 is for prescntations and
training. Ui�it C;-10 will not be used "for tlle pi•actice of a pi•oi�essioil," as requir�d by tl.�e'I�o���n
Code, but ���ill be used as a school %r sw•geons for the purposc of selling orthopedic pr•oducts
manufactured by Ai-threx, Inc. �l�he intended use does not fal] within the dcfinition of
professional office set forth in the 'I'c:�wn Codc.
nrthrex, Inc.'s intended use c�f cadaver specimens is entirely incompatible with a building
in which residential units and a restaurant is located. �I�he fact that health and safety precautions
will be taken docs not eliminatc tlie i;act tllat cleac] boclies and body parts �vill bc transpc�rted in
and out of a. building i�l extremcly cl�ose prc�ximity to the arca:� �vhere peoplc live. slec��, breathe
and eat.
I'he following documcnts are enclosed in support of this appeal:
A completcd ,��ppeals Farm;
2. A lettec from �'lssociation president ('harles Lipcon, dated December 13.
2O1 1, ��ith attached exl�ibits. �I�his lctter sets fc�rth the Associati.on's
specific conccrns. including citation� to relevant Codc scctions;
3. A li5t �f name�s ancl aciclresses of all c���.ncrs in the Vail C;ateway P1aza
btiildii��:
�. Stampcci. aciclressec] en��cl�pc;s for cach pro��ert�- o���ncr listc.d in (3), above.
Ac<:ardin�; to thc nppcals I�orm, thcre is no fc� reyuir�d f�r this app�al. It�this is
incorrect, c�r if you require adaition�il information, picase do not hesitate to coi�tact me.
Lansky, Weigler & Porter, P.C.
'I�o�vn of Vail
I� ebruary 6, 2.012
Page 4 of 4
Sincercly,
I,ANSKY, V�✓LIGI,k�:R & POR"I'�;R, P'.C'.
Wendy F;. We�g er
Lansky, Weigler & Porter, P.C.
c: E3oard of� Dircctors
Vail Gateway Pl�i'7.�1 COIIC�OI711Illlllll ASSUCI;ation, lnc.
TOWN OF VAfI �
,Appeais Form
Department of Communit�� Development
75 South IFrontage Road
Vail, CO 81657
Tel�: 970-479-2128
ww�w.vailgov.com
Development Revie�w Coordinator
General Information:
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental
Commission action/dE;cision. A complete form and associated requirements must be submitted to the
Community Development Department within twenty (20) calendar days of the disputed action/decision.
Vail Gateway Plaza Condominium Association, Inc. is appealing the C�irector of
Action/Decision being appealed: __ _ _____ _. ___ —__ .___ ._.___.. —._ _____ --- �
Community Development's decision that the appE�al submitted on January 4, 2012 is untimely. The Planning and,
- — - --- ..— — --- -- — -- — — —
Environmental Commission should hear the Assc�ciation's underlying appeal regarding proposed use._ _
Date of Action/Deci:�ion: �anuary 18, 2012 _ _ �_ ______�_
George Ruther, Director of Community Developmerit
Board or Staff person rendering action/decision: ___. ___ _ . _ �_ _— . .— - .— —_. _—. �—. -- —.
Does this appeal irnrolve a specific parcel of land? (✓) yes ( ) no
If yes, are you an acljacent property owner? (✓) yes ( ) no
Vail Gateway Plaza Condominium Association, Inc.
Name of Appellant(s). — -- -- -- -------�— -- - --- -- ---- -- ---- -- -- -- --
c/o Wendy E. Weigler, Lansky�, Weigler & Porter, P.C., 1401 17th Street, Ste. 560, Denver, CO 80202
Mailing Address: - ------ —..—..—� -- -- -- -- — -- --- --�-- --- �. --- --- — --
- -- --- -- — �---- -- --- — .—_ -- — — Phone: 303-382-4153 --- -- —
Physical Address iri Vail: 12 Vail Road _ � _ _ _ _ _ __ __ _ ____ __ ____
Vail Gate�way Plaza
Legal Description of Appellant(s) Prop, y in'J�: Lot._ . __ Block ___.._.__ Subdivision:____ ,_.______
%
Appellant(s) Signat�ure(s): _ ...-- _—. ----- ----�— — — -
(Attach a list of signatures if more space is r qu ed).
Submittal Requirerrients:
1. On a separate sheet or separate sheets of p��per, provide a detailed explanation of how you are an "aggrieved or ad-
versely affected ��erson".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please ci':e specific code
sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are
the subject of thf; appeal and all adjacent property owners (including owners whose properties are separated from the
subject property by a right-of-way, stream, or other intervening barrier).
4. Provide stampeci, addressed envelopes for e�ach property owner listed in (3.}.
PLEASE SUBMIT THIS FGRM AND ALL SUBMITT��L REQUIREMENTS TO:
TOWN OF VAIL, DEPP�RTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
For Office Use Orily:
Cash CC: Visa / MC
Fee Paid: No Fee
Meeting Date: . _. _____ ..
Planner:
Zoning: _ _
Location of the Prc�posal:
Last 4 CC # _ __ __.._. Exp. Date: _ __ ___ Auth # __
Received From: __`_____
DRB No.:._ _� _
^__ __ Project No: _ __
Land Use: _ _
Lot: Block:_ Subdivision:
_ Check #
oI-oct-11
Vaiil Gateway Plaza Owners
Greenauer Design Group
c/o Melissa Greenauer
12 Vail Road, 'Suite 1000
Vail, CO 8165�7-5063
12 Vail Road, Suite 800
Highline Spor�ts & Entertainment, Inc.
c/o Brausch 8� Deighan
12 Vail Road, Suite 500
Vail, CO 81657
12 Vail Road, Suite 500
Kelly Liken, LI_C
c/o Kelly Liken
12 Vail Road, Suite 100
Vail, CO 8165�7
12 Vail Road, Suite 100
Timberline C��mmercial Properties, Inc.
c/o Kevin Deighan
12 Vail Road,. Suite 600
Vail, CO 816`.i7
12 Vail Road,, Suite 600
Charles R. Lipcon and Irmgard Lipcon
3522 Bayshc�re Villas Drive
Miami, FL 3��133
12 Vail Road, Suite R5
{.}
M.R. Gateway, LLC
5151 Collins Avenue, Suite 1727
Miami Beach, FL 33140
12 Vail Road,'iuite R3
Charles R. Lipr_on and Irmgard Lipcon
3522 Bayshore Villas Drive
Miami, FL 331.33
12 Vail Road, Suite RS
M.R. Gatewa�i, LLC
5151 Collins �►venue, Suite 1727
Miami Beach, FL 33140
12 Vail Road, Suite R2
Edward Flak ��nd Carolyn Flak
7601 NE Spar�ish Trail Court
Boca Raton, F�L 33487
12 Vail Road, Suite R4
Gore Creek Holdings, LLC
c/o Russell Standard Corp.
PO Box 479
Bridgeville, PA 15017-0479
12 Vail Road, Suite R1
Deer Spring, LP
1351 Freepo�rt Road
Pittsburg, PA 15238
12 Vail Road,. Suite C14
Deer Spring, LP
1351 Freeport Road
Pittsburgh, PA 15238
12 Vail Road, Suite C13
{.}
Deer Spring, LIP
1351 Freeport Road
Pittsburg, PA =L5238
12 Vail Road, :�uite C15
HSE Investment Partners, LLC
12 Vail Road, 'Suite 500
Vail, CO 8165'7
12 Vail Road, Suite C8
Timberline Co�mmercial Holdings, LLC
12 Vail Road, Suite 600
Vail, CO 81657
12 Vail Road, Suite C7
Ryan Gateway C-6, LLC
54 Beaver Dam Road
Vail, CO 81657
12 Vail Road, Suite C6
Anthony Vangalis and Patricia E. Peeple��
PO Box 3007
Vail, CO 816��8
12 Vail Road, Suite C9
White River iacquisition Corp.
c/o Ellis & Hirsberg CPAS, Attn: Cathy D�avis
219 East 2"d 'Street
PO Box 400
Clarksdale, MS 38614
12 Vail Road, Suite R6
GGG, LLC
PO Box 5963�
Vail, CO 81658
{.}
12 Vail Road, 5uite C1
GGG, LLC
PO Box 5963
Vail, CO 8165�8
12 Vail Road, Suite C4
GGG, LLC
PO Box 5963
Vail, CO 81658
12 Vail Road, Suite C5
Leo Palmos
2775 Iris Avenue
Boulder, CO �30304
12 Vail Road, Suite R7
TNG Holdings, LLC
c/o Tom Greenaur
PO Box 5963
Vail, CO 816!i8-5963
12 Vail Road, Suite C10
James Thomas Bates and Catia Bates
524 Isle of Capri
Fort Lauderciale, FL 33301
12 Vail Road, Suite R8
Vail Gateway Plaza
12 Vail Roacl, Suite 600
Vail, CO 816�57
12 Vail Roaci, Suite C11
{.}
Gore Creek Haldings, LLC
c/o Russell Standard Corp
PO Box 479
Bridgeville, PA 15017-04779
12 Vail Road, `.>uite R9
GGG, LLC
PO Box 5963
Vail, CO 8165f3
12 Vail Road, :5uite C3
GGG, LLC
PO Box 5963
Vail, CO 8165�B
12 Vail Road, Suite C2
J. Michael Spriggs
PO Box 6365
Denver, CO 80206
12 Vail Road, #P1
Vail Gateway, LLC
12 Vail Road, Suite 600
Vail, CO 816��7
12 Vail Road, #P7
GGG, LLC
PO Box 5963
Vail, CO 816!i8
12 Vail Road, #P13
Eugene G. F��hey & Nora E. Fahey Trustee
161 Clarksori Executive Park
Ellisville, MO 63011
12 Vail Road, #P5
{.}
Klaus & Marc Schwarzkopf
293 Perry Stre�et
Port Perry 15Ei
CANADA
12 Vail Road, #P4
Rupert Oberl��hr
2645 Davos Trail
Vail, CO 81657
12 Vail Road, #P8
Hanno J. Fontaine Trust
2050 S Aia Unit 1
Jupiter, FL 33�477
12 Vail Road, #P11
Vail Gateway, LLC
12 Vail Road,, Suite 600
Vail, CO 816!i7
12 Vail Road, #P6
Helmut Reis�� Trust — Helmut Reiss Trustee
1401 Laven�ler Lane
Laguna Beac:h, CA 92651
12 Vail Road, #P3
Hans Wiem��nn Living Trust, Hans Wiernann Sole Trustee
14639 Malla�rd Lake Drive
Chesterfield, MO 63017
12 Vail Roacl, #P9
James H. Schink and April T. Schink
300 N. Lasalle, 3900
Chicago, IL 60654-3406
{.}
12 Vail Road, �fP10
J. Michael Spriggs
PO Box 6365
Denver, CO 80�206
12 Vail Road, #P2
Hanno J. Font;aine Trust
2050 S. Aia, Unit 1
Jupiter, FL 33�177
12 Vail Road, #P12
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From:
Senf:
Rcvd.�
To:
CC:
BCC:
Subject
CRL (sealaw@aol.com)
Sat 12/24/2011 �03:31 PM
Sat 12/24/2011 03:31 PM
Wendy Weigler
Charles Lipcon I;sealaw@aol.com)
Fwd: Arthrex, Inc. File memo
Sent from my iPad
Charles R. Lipcon
Lipcon, Margulies, Alsina & Winkleman P.A.
One Bis�cayne Tower
Suite 1 l76
Miami, 1=lorida 33131
Tel. 30`.>.373.3016 ext. 230
Fax. 305.373.6204
Email: sea law .aol.com
Web: www.lipcon.com
Begin fc�rwarded message:
From: George Ruther <GFZuther(a�vailgov.com>
Date: December 22, 2011 6:22:33 PM EST
To: "'Sealaw(a�aol.com"' <,�ealaw(cr�,aol.com>
Cc: Matt Mire <MMire vailqov.com>
Sub�ject: RE: Arthrex, Inc. File memo
Mr. Lipcon-
I spoEce with our Town Attorney. Based upon our review, the issue of a
building permit is not an appealable action. Espec.ially given our
undei�standing of your apparent objection. Instead, you may choose to
appe��l the zoning administrator's determination of the professionai office
use. This is an appealable action pursuant to the �Town Code.
An a��peal of an administrative action is heard by the Planning and
Environmental Commission. If you were to appeal you would do so in
respc�nse to the Arthrex., Inr. File memo that was sent to your attention. A
copy of an appeal form can be found at the web aiddress below. Please note
there is an appeal period.
Please do not hesitate to submit any questions you may have in writing to
me. I will follow up with you in writing as well.
Thank you and enjoy the hc�lidays,
http:/%www.vailqov.com/docs/dl forms/Appeals F<�rm 100111.pdf
George Ruther, AICP
Direc;tor
Community Development
Desc:ription: Description: DE�scription: Description: cid:3383116683_754;3922
970.��79.2145
970.376.2675
vailq,�v.com
twittE�r.com/vail ov
Desc:ription: Description: DE�scription: Description: cid:3383116683_753;3428
TOWN Of
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
January 18, 2012
Wendy E. Weigler
Lansky, Wei�gler & Porter, P.C.
1401 17th Street, Suite 560
Denver, Colc�rado 80202
Dear Ms. WE�igler,
Community Development Department
970.479.2138
970.479.2452 fax
This letter is in response to ar� appeal of the zoning administrator's determinati��n that
was filed on behalf of Vail Gateway P'laza Condominium Asso�ciation, Inc. by your firm. Your
appeal form states that the action or ��ecision being appealed is proposed use of Unit C-10, Vail
Gateway Building, Vail, Colorado.
Regretfully, I am writing to infc�rm you that the appeal filed on behalf of the Vail Gateway
Plaza Condc�minium Association, Inc. is untimely, and therefore, shall not be heard by the
Planning anc� Environmental Commission. This is based upon Section 12-3-3.3 of the Zoning
Regulations of the Town of Vail, dated records maintained by the Town of Vail Community
Development on building permit numlber 611-0274 (Unit C-10, Vail Gateway, tenant
improvement) and legal advice of the Town Attorney.
Pursuant to Section 12-3-3.3, Zoning Regulations of tF�e Town of Vail, an appe�al of an
administrativ�e action or decision must be filed within 20 days ��f the date that the decision
becomes fin,al. In this case, the adn�inistrative action or decision occurred on the date that
building perrnit number 611-0274 was approved and signed o�ff for issuance by my Department.
The building permit was approved and signed off for issuance on September 21, 2011.
Section 12-3-3.3 further state:� that the action or decision of the administrator shall
become final at the first Planning and Environmental Commis.�ion ("PEC") meeting aftE:r the
action or dec;ision is made, unless called up for review by the PEC. The first meeting ��fter the
action or dec;ision was made occurre�� on September 26, 201'1. The approved minute:� of the
PEC meetin�3 on September 26`h verii�y that a request for a call up by the PEC did not occur.
According to Town records your appE�al form was filed with th�� Town of Vail Communi1ty
Developmen�t Department via hand d��livery on January 4, 20'12.
Inclucied with my letter are the� appeal documents and materials received by my
Department ��n January 4, 2012. Shauld you have any questi��ns or concerns with regard to the
information ��rovided in this letter plea�se do not hesitate to coritact me by telephone at (970)
479-2145 or by email address at yruther �vailqov.com.
Since�rely,
r{ .��. .�'����
�
Geor��e Ruther, AICP
Director
Community Development
Towr� of Vail
c: Vail Gateway Plaza Buildin�� Legal file
Town of Vail Page 2
� �-,
' . : . u'r's ;
.. -, , ��
Larsky, �iVeigler & Porter, °.C.
.lanuarv �. ?�J12
VIA 1-IAN11 Ut�:1.IVI�:12Y
�I�o�vil of Vail
Uepai-tmcnt al� COl11Il1UIlliy' I)eVC�Oj)1'IlClll
7� South l�r�antage Road
Vail. CO 81 b�7
R�: I url Gnletircn• /�I(1=U C Ui1cI(Ilillllli(!)1 -l.ti.���c•ialir�;t. I�tc•.
flrthrex, Inc. - l!nit C`-10
Uear Sir c�r MadLiill:
� Wendy E. Weigler
;^;,ve!;Ir.r'Q�IdnskysvcigiF-r.COn?
1_ansky. Vv'ci�l�r ��C I'c�rtcr. Y.('. rci�rescnts th� tiail G���tc�vay 1'laza ('ondonlinitnn
,�ssociation. Inc. (thc `�lssociatii,n")�. I'l�as: c<>>:sidcr tl�is l�ttcr a>>�l �nc:loscci documents as thc
Associatiun's appeal of the %onin� /\dministrator a�id/�r Plai��nii��, I��am�s ctct�rii;ination ihai tl�e
��roposcd u�;e ot�i!nit C-lU hy ��rthrcx. Inc. is a profcssicmal c+l�icc. �I�his �lctern��inatiun ���as
ciocumented in a 1�1em��ran�juil� date�.l I)ecember 15, 2O1 1, f�rr,m tlic "l�i��vi� o1�Vaii Comniti»it}�
I)c�•elopment I)e�iartm�nt (the `'!��Icrnor�u�dum'').
P�n•suant to Section 12- �- � of th� �l�i>�� n��'ode, ail "a�c;ri���ed or adversel}� aCfceted
person" means any per5on �ho will suticr an acl��crsc �t�fect t�u an interest pri�tectc:d or f�urthcrr�
by this titic. 'I'hc ad� crsc interest i1r<�y l�e �h�rc�i in comman �w�ith other n�cmbers of thc
communit� at large, but shall e�ceed in dc�rcc tl�c �,encral incerest in �c�i»munity �oocl sh�ired by
all �crsons.
'[ he: Associatic>n is thc condominium associatic�n l��i• the �'ail Ciate�.��a}� Pl:i�a
C'ondominiums, a n�ixed-use development con`.iISl111L O� I7111t; ���� 1'eSl(it1111�i� lUlllS, iOLll'1tC17 � I��
commercial units and thirteen (13) parkii�;, s��ace unit�. �I�hc flssc>ciatiun is autl�arizu�l h}� its
<�ovcrnin� �:locuments and ('c�lorado statutc tc> takc actic�►� c�n b�hc:Il�oCitszlf or t���c� or niurc unit
owncrs c�n rnatters af�iectin�, the corrimoil ir.ter�st cun�inunit}.
Attorneys ,at Law
idUl 17th �treet. Suite 5f;0
Denv�r, folorado 802U?
.,�:r,v.lan :ky,,.:e�gler.con-,
n Direct 303�.382.4153
?� Office 303�.297.1900
�� Fax 30��.293.8938
!J �
C�OM[��(�1�
JAN 0 4 2��12
�roi%vn� or v�i�
'rc����n oi� Vail
.Ianuacy 3, 2012
Page 2 of �
1�hc ,Association and its membcrs are "ags�rie��cd or adversely affectcd" persons bccausc
their property values and niarketabilil:}� will be iie�ati� ely impacted by the op�ratic�n of a surgical
skills training facility in ilnit G10. "lf�he comm�rcial units in thc Association were intend-rd to be
used for limitecl purpos�s, as set fort}�� in the ��ssociation's Rul�s and Regulaticros. Speciiically
excluded fram thc permittcd uses arc retail use, restaurant (excepl tor thc existing restaurant),
bar, photographic, multilith or multig,raph reprocluctions, a barber or manicurc; shop, an.
employment. bureau, a labor union oifice, a dance or �i�usic sti:�dio, or any type of school. Also
excluded is 'lhe use of any CC]L11�IIll'.l�t 11LIIIZ111� aIllillQlllfl OC Otj'iEi �)1'OCeSS IICCCSS11ating venting.
"l�hc Rules prohibit advei�tiscn�cnts ���'llich tend to `'impair the reputation of tlle Vail (iatc��vay
�3uilding or its desirabiliiy as a high cluality c�1'ficc htiilding."
The propused use of Unit G10 by �lrthrex, Ine. is that oFa healthcare, conleren.ce,
meeting and/or convention facility, not of a proi-e�sional officf.. Accorclin� tc� the Merriorandum,
the definition of Professional Oftice is as follov��s: "nn oFfice for the practice of a profession,
such as offic;es of physicians, dentists, law��ers, architects, ei��,ineers, musicians, teachers,
accountants, ancl others who through training are ��ualified to pei•form scrvices oi�a proressic»lal
iiaturc, whci•e stora�e, sale, or displa�y of inerchandisc on thc premises occupies icss th��n teii
percent (10°,/0) of the flooi• area."
"I'he Memorandwn acknowledges that Arthrex. Inc. is a compauy that provides products
and services for oi�thopaedic surbeons. 'l�he propos�c� use of Unit C-10 is [or presentations and
training. Unit C-10 will not be used "for the practice of a�rofession," as i-cquired by the "l�o���n
Code, but ��-ill be used as a school for sur�;ecros for the pw•p�se oi�selling orthopedic products
manufactured by Arthrex, Inc. "I�he intenclecl usc does not fall within thc definition of
professional office set fc�rth in thc'Town C'ode.
/\rtl�irex, Inc.'s intcn�led use of cadaver speci►��ens is cntirely incc�mpatible with. a builcling
in which resid�ntial units and a restaurant is located. The iact that health and salcty precautions
will b� taken does nc�t eliminate the 1�act that ciea�l boc�ies an�l body parts will bc transported in
and out of a. b�iilding in c�tremely cl�sc prc�ximity tc� the arca�� �vhere people live, slecp. hrcathe
and cat.
Thc followin�� do�umcnts arc' lI1C�OtiCCI 111 Sll[I��OCt Ot IIIIS a�pcal:
A complctccl ;�ppeals f�urm;
Lansky, Weigler & Porter, P.C.
�r����, ��t�vd�i
January 3, 2012
1'a�e 3 of� 3
2. A lettec� from ��ssociation presicieilt ('ha.i•les Lipcon, dated I)ecei�nber 13,
2011. �vith attached e�hibits. 'I�his letter sets forth the Association's
specitic concerns, including cit��tions to relcvant Code sections;
3. A list oi�name�� a���i adcicesses oi'all o����zcrs in the Vail Ciate���ay Plaza
buildi»c:;
4. Stampec�, addr���ssed eil��elopes ior eac:li property owner list�d in (i), abo�e.
Accoi�ding to the ,�lppcals I�orm, there is no ice i•cquirc:d for this appcal. If�tliis is
incorrect, or if you require additiunal information, please do not hesitate to contact me.
Sincerely,
I..ANSKY, VvF;IGI..L'R & YOR�rF:K,1?.C.
Wendy f:. VJeigler
c: Hoard of I)irectors
Vail G��tc���av Plara Condominium Assoc:iation, Iilc.
Lansky, Weigler & Porter, P.C.
Law Offices
LIPCON, MA.RGULIES,
ALSINA & WINKLEMAN, ]'.A.
One Biscayne To�n+er, Suite 1776
Two South Biscayne Boulevard
Miami, Florida 33131
TEL 305-37:3-3016
800-83f3-2759
Fax 305-37<;-s2oa
WEB vhvw.lipcon.com
December 13, 2011
Town of Vail�
Attn: Plannin�g Department
75 S. Fronta�;e Road
Vail, CO 81657
Ricardo V. Alsina
Charles R. Lipcon
Jason R. Margulies
Michae! Winkfeman
Carfos F. Lfin�s Negret
`Stacey Z. Margulies
"Tonya J. Meister
'of counsel
Rc: Arthrex, Inc.'s_Propose:d Cadaver Facil�tv in the� Vaii_Gafewa�Building
To Whom It May Concern:
As Presic�ent �f thc Gateway Condominium Association for the Vail Gateway Bui]lding
loca.ted at 1�! Vail Road, Vail, CO 81657, it has come to my a�ttention that a company called
Arthrex Inc. is attempting to open a"wet lab" medical facility �Nhere huma�i cadavers will be
medically o��erated on. To makc cn,atters worse, Arthrex has done nothing to obtain any
approval from the homeowners associ<�tion; and has done nothirig in order to cornply witlh the
applicable Zoning laws. I have obt�iined a Temporary Restraining Order in order to stop
Arthrcx, and hereby request this Honc�rable Commission immeciiately look into this alarming
issue.
The `✓ail Gateway Building falls under the Special Development llistrict (SDD). [See
Official _7,onrng Map attached heretn �and marked as Exhibit 1. ] According to the Vail 7'own
Code: "Determination of permitted, ca»ditional and accessory us��s (in the SDD] shall be rnade
by the plan�aing and cnviranmental commission and town council as a part of the fc>rmal
review of the; proposed development plan. Unless further restric:ted through the revicw c�f thc
proposed sp��cia.l development distr•ict, permitted, conditional and accessory uses shall be
limited to tliose permitted, conditioc�al and accessory uses in. a property's utrderlyi�:g 2one
district." — 12-9A-6. �See F.xhibit 2 attcrched.J
It is imy understanding that A.rthrex has failed to compl�� with these requirements. As
such, the Planning and Environmental �Commission and Town Cc�uncil should formally deny the
proposed use; of Arthrex's property.
If the review of Arthrex's proposed facility does not restrict the use, then ii is detcrn.iined
by the property's underlying zone district, which in this case is t:he Commercial Service Center
{CSC) district. jSee the list of the C:SC district's permittec� cnnditional and accessory uses
attached hereto and marked a.s Exhibit 3.J
As the ]ist shows, khe CSC district considers "professional oifices, business offices, and
studios" perr.nittcd uses. — 12-7E-3. �Exhibit 3. J Under the Code, the term "professional office" is
defineci as follows: "An office t'or the practice of a profession, such as offiees of physieians,
dentists, law.�ers, archiiects, engineers, musicians, teachers, accouu�tants, and others who through
training are qualiixed to perform servic�es of a professional nature, where storage, sale, or display
of inerchandiise on the premises occupi��s less than ten percent (10%) of the floox a�•ea." —12.-2-2.
[See F,xhibit 4 attached.J Clearly a company which offers a training lab�ratory with
cadavers is not a typical "professiona�l office" as intended by the Code.
As ta the CSC districYs condi.tional uses, Arthrex coulci potentially only fall un�jer a
"convention facility." — 12-E-4. In order for such use to be permitted as a conditional use,
tl�ough, Arthrex must obtain a conditional use pernut. —12-E-4. [lsxhibit 3.J
The process of obtaining a condlitional use permit is governed by Chapter 16 of the (�ode.
[See Chapte�• 16 attached hereto and marked as Exhibit S.J First„ the applicant needs to submit
an application which must include "C. A description of the precise nature of the proposed use
and its operating characteristics.... F. Such additional material as �the administrator nnay prescribe
or thc applicant may submit pertinent to the application and to the �ndings prcrcquisitc t:o the
issuance of a conditional use permit.... G. A list of the owne:r or owners of record of the
properties a�3jaccnt to the subject property... The list... sh�al include the names o�P the
individuals, their mailing addresses, and the general description of the property ownE;d or
managed by each. Accompanying th�c list shall be stamped, addresscd envelopes lo each
individual or agent to be notsed to be: used for the mailing of the notice of hearing. It will be
the applicant's responsibility to provide: this information and stam�ped, addressed envelopes, .. H.
If the property is owned in common (c;ondominium association)... the written approval o�f the
other property owner, owners ar ap�plicable owners' associa�tion shall be required." -- 12-
I6-2. fExhibit S.J
Upon. submitting the applicatio�n, the Planning and Envii•onmental Commission ho�lds a
public heati�ng, wherein the commiss�ion may approve the apj�lication as submitted or may
approve the application subject to ccriain conditions which may include, but not be limitf:d to,
"regulation c�f... methods of operation" and "control of potential nuisances". — 12-16-5. (E;rhibit
S..J The Cod�e defined a"nuisance" z�s follows: "any act or condition which endangers the
public health or environment or results in annoyance or discomfort to the public or dama:ge to
any property or injury to a��y person." -- 5-1-1 [See Exhibit 6.J
�'actc�rs which the commissio2i considers when decidin; on a conditional use pernut
application include the following: "1. Relationship and impac:t of the use on development
objectives o:f the town.... 4. Effect up��n the character of the ar�ea in which the proposed �use is
to be locatcdl, including the scale and t>ulk of the proposed use in� relation to surrounding uses...
5. Such other factors azld criteria as the commission deems appl:icable to the proposed use:... 6.
The environ�mental impact report concerning the proposed us.e, if an environmental irapact
repurt is required by chapter 12 of this title." — 12-12-16-6(,A) [Exhibit S.J In additio», the
cotnmission must iuid that tlie "proposcd location of the use and the conditions under which it
would be o��erated or maintained vvilll not be detrimental to the public health, safcty, or
-2-
L I P C O iN , M A R G U I. [ E S, A L S 1 N A & W I N K L E M A N, P. A.
welfare, or maierially injuriuus to �oroperties or improveme:nts in the vicinity." — l:Z-16-
6(B). jExhibit S.J
In rej;ard to the environmental iimpact report, according tc� Chapter 12, the report shall be
submitted to the administrator for any project �vhich the �administrator determines may
sigtuficantly change the environment, f;ither during construction or on a continuing basis, di�e to:
potentially rf;sulting in a"harard to health and safety" or involving "any process which results in
odor that may be objectionable or damaging" (among others). — 12-12-] [See Exlsibit 7.]
Chapter 12 ��iscusses both the stuciies and data required (12-12-4} as weil as the cotrtent.s the
report should coniain (12-12-5). "I'h�, Planning and Envirorunental Comtnission reviews tbe
report and eiil�er approves, disapproves; or requests changes in tlie project in writing. — 12-1�!-11.
In the event that Artluex's us�� does not fa11 under any of thc defined pernutted uses,
conditional uses and accessory uses of'the district, section 12-4-2(B) may govern. Such se:ction
pr�vides that the perrnitted uses, condiitional uses and accessory� uses in the particular di:,tricts
shall be deemed to be exclusive uses fi�r fhose districts, and any use not spec�cally permiitted
as a`permitted use' is prohibited unless a determination of `similar use' is ma�ie in
accordance with section 12-3-4. �See �xhihit 8.J
To be clear, Arthrex has taken none of the required sl:eps in order to even be�;in to
develop such a facility. As such, pl.ease act immediately to review this alarming situ,ation,
ineluding a r�ublic hearing, and to requiire an environmental impact report.
Your irntned:iate attention to this matte�r is sincerely appreciated.
/s/ Churles I;ipcnn
CHAW ES 1K. T,TPCON
President of the Gateway Condominil.un Association
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L I P C O N, M A R G U L( L S, A L S I N A SC W 1 N K L E M A N, P. A.
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Stcrling Codifiers, Inc.
ART�CLE A. SPE(�IAL DEVELOPNiENT (SDD;�
�I�i'�IC`1"
12-9A-1: PIJRPOSE AND APPLICABILITY:
A. Purpose: The purpose of the speci��l development district is to encourage ffexibility and
creativity iin the devefopment of lar�d in order to promote its� most appropriate use; to
improve th�e design character and quality of the new development with the town; to
facilitate tPie adequate and econonnical provision of streets and utilities; to preserve� the
natural an�� scenic features of ope�n space areas; and to further the overall goals oi� the
communit,y as stated in the Vail comprehensive plan. An approved development pl;an for
a special cievelopment district, in conjunction with the property's underlying zone district,
shall establish the requirements for guiding development and uses of property included in
the specia.l development district.
B. Applicability: Special development districts do not apply io ,�nd are not available in'the
following ��one districts: hillside re:�idential, single-family residential, two-family residential
and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 9(1994) § 1: Ord.
21(1988) ?3 1)
12-9A-2: DIEFINITI�NS:
AFFECTED F'ROPERTY: Properry within a special developm�snt district that, by virtue� of its
proximity or r�elationship to a propose�d amendment request to� an approved development
plan, may be affected by redesign, dE:nsity increase, change in uses, or other modific��tions
changing the impacts, or character of the approved special dE�velopment district.
AGENT OR AUTHORIZED REPRESENTATIVE: Any individuai or association authorized or
empowered in writing by the property owner to act on his (her�) stead. If any of the property to
be included in the special development district is a condominiumized development, the
pertinent condominium association rr�ay be considered the aglent or authorized
representative for the individual unit c>wners if authorized in c��nformity with all pertinent
requirements� of the condominium association's declarations and all other requirements of
the condomiriium declarations are mf�t.
MAJOR AME:NDMENT �PEC AND/OR COUNCIL REVIEW): ,Any proposaf to change uses;
increase gro:as residential floor area; change the number of dwelling or accommodati��n
units; modify, enlarge or expand any approved special develapment district (other tha�n
"minor amendments" as defined in this section), except as pr��vided under section 12-15-4,
EXHIBIT
� � 1 of 8
5terling Codifiers, Lic.
"Interior Con��ersions", or 12-15-5, "A��ditional Gross Resideni;ial Floor Area {250
Ordinance)", �of this tiile.
M1NOR AMEINDMENT (STAF� REVIIEW): Modifications to building plans, site or land:>cape
plans that do not alter the basic inteni; and character of the approved special developrnent
district, and are consistent with the dE:sign criteria of this article. Minor amendments rriay
include, but not be limited to, variatioris of not more than five feet (5') to approved setk�acks
and/or buildin�g footprints; changes to landscape or site plans that do not adversely impact
pedestrian or vehicular circulation thr��ughout the speciai devE�lopment district; or chariges to
gross floor area (excluding residential uses) of not more than five percent (5%) of the
approved square footage of retail, office, common areas and ��ther nonresidentiai floor area,
except as prc�vided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional
Gross ResidE�ntial Floor Area (250 Ordinance}", of this title.
UNDERLYIN�� ZONE DISTRfCT: Th�: zone district existing ori the property, or imposed on
the property <�t the time the special dE:veloprnent district is ap��roved. The following zone
districts are ��rohibited from special d�avelopment districts beir�g used: hillside resideni:ial,
single-family residential, two-family re�sidential, two-family prirnary/secondary residential.
(Ord. 29(200'5) § 26: 4rd. 13(1997) § 2: Ord. 9(1994) § 2: Or�i. 29 (1988) § 1)
12-9A-3: APPLICATI4N:
An application fior approval of a special development district rnay be filed by any ownE;r of
property to b�� included in the special development district or his (her) agent or authorized
representative. The application shall be made on a form provided by the department ��f
community development and shall in��(ude: a legal descriptior� of the property, a list of names
and mailing �iddresses of all adjacen't property owners and w�ritten consent of owners of all
property to b�e included in the special development district, or their agents or authoriz��d
representativ�es. The application shall be accompanied by sulomittal requirements in :�ection
12-9A-5 of th�is article and a develaprnent plan as in section 12-9A-6 of this article. (C�rd.
29(2005) § 26: Ord. 21(1988) § 1)
12-9A-4: D►EVEL�PMENT RE��IEW PROCEDURE��:
A. Approval ��f Pian Required: Prior ito site preparation, building construction, or other
improvements to land within a sp�ecial development distric;t, there shall be an approved
development plan for said district. The approved development plan shall establish
requirem��nts regulating deve(oprnent, uses and activiry v�rithin a special development
district.
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B. Preapplicai:ion Conference: Prior to submittal of a formal appiication for a special
developmE�nt district, the applicant shall hold a preapplicati��n conference with the
departmerit of community development. The purpose of this meeting shall be to discuss
the goals c�f the proposed special cievelopment district, the relationship of the propasal to
applicable elements of the town's c:omprehensive plan, ancl the review procedure that will
be followe�� far the application.
C. PEC Cond�ucts Initial Review: The initial review of a propos�ad special development district
shall be hE�ld by the pfanning and e;nvironmental commission at a regularly scheduled
meeting. Fsrior to this meeting, and at the discretion of the <�dministrator, a work se:>sion
may be he�ld with the applicant, st2�ff and the planning and ��nvironmental commission to
discuss sp�ecial development distri�ct. A report of the department of community
developmE�nt staffs findings and rE;commendations shall bE� made at the initial form�a!
hearing be:fore the planning and erivironmental commission. Within twenty {20) da�rs of
the closinq of a public hearing on <� proposed amendment, the planning and
environme�ntal commission shall ar.t on the petition or prop�osal. The commission m�ay
recommerid approval of the petition or proposal as initiatecl, may recommend appr��val
with such �modifications as it deems necessary to accomplish the purposes of this t.itle, or
may reconnmend denial of the peti'tion or rejection of the proposal. The commissior� shal(
transmit its recommendation, toge�ther with a report on the public hearing and its
deliberatio�ns and �ndings, to the t��wn council.
D. Town Couricil Review: A report of tlhe planning and environ�mental commission stating its
findings and recommendations, ar�d the staff report shall trien be transmitted to the� town
council. Upon receipt of the report and recommendation of the planning and
environmE�ntal commission, the to�Nn council shall set a date for hearing within the
following thirty (30) days. Within fir�enty (20} days of the cic�sing of a public hearing on a
proposed SDD, the town council shall act on the petition o�r proposal. The town cotancil
shall consider but shall not be bound by the recommendation of the pianning and
environmE;ntai commission. The tc>wn council may cause a�n ordinance to be introduced
to create c�r amend a special development district, either ir� accordance with the
recommendation of the planning a.nd environrnental commission or in modified form, or
the council may deny the petition. If the council elects to proceed with an ordinanc�e
adopting ��n SDD, the ordinance shall be considered as prescribed by the Vail town
charter. (Ord. 29(2005) § 26: Ord. 21 {1988) § 1)
12-9A-5: S�UBMITTAL REQUIRIEMENTS:
The administ�rator shall establish the :�ubmittal requirements f��r a special developmen�t
district application. A complete list of �the submittal requiremerits shall be maintained k�y the
administrator and filed in the department of cornmunity develc�pmen#. Certain submitt��l
requirements may be waived and/or rnodified by the administrator and/or the reviewin,g body
'rf it is demon;�traied by the applicant i:hat the information and materials required are not
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relevant to the proposed development or applicable to the planning documents that cc�mprise
the Vail comp�rehensive plan. The adnninistrator and/or the reviewing body may requirE; the
submission of additional p(ans, drawir�gs, specifications, samK�les and other materials if
deemed nece�ssary to properly evalu�ite the proposal. (Ord. 29(20o5) § 26: Ord. 5(20Ci3)
§ 14: Ord. 21{1988) § i)
12-9A-6: DEVELC3PMENT PLAN:
An approved development plan is the principal document in guiding the development, uses
and activities of special development districts. A development plan shall be approved by
ordinance by the town council in conj��nction with the review ��nd approval of any spec;ial
development district. The developme�nt plan shall be comprisf,d of materials submitted in
accordance vvith section 12-9A-5 of this article. The developrnent plan shall contain all
relevant matE:rial and information necessary to establish the ��arameters with which the
special development district shalf develop. The development �plan may consist of, but not be
limited to, the� approved site plan, floc�r plans, building sections and elevatians, vicinity� plan,
parking plan, preliminary open space,/landscape pfan, densitiE�s and permitted, conditional
and accessoiy uses. (Ord. 29(2005) +,3 26: Ord. 21(1988) § 1)
12-9A-7: USES;
Determinatiorr of p.ermitted, condifional and accessory uses shall be rnade by the planning
and environmental commission and town council as a part of the formal review of the
propased de�✓elopment plan. Unless fiurther restricted through the review of the proposect
special development tiistrict, permitte�d, conditional and acce.�sory uses shall be limite;d to
those permiti:ed, conditional and accE:ssory uses in a proper[�►'s underlying zone district.
Under certain conditions, commercial uses may be permitted in residential specia!
development. districts if, in the opinion of the town council, su�ch uses are primarily for the
service and c:onvenience of the residents of the development and the immediate
neighborhoo��. Such uses, if any, sha�ll not change or destroy the predominantly residential
character of 'the special development: district. The amount of ,area and type of such u;>es, if
any, to be allowed in a residential sp��cial development district shall be established by the
town council as a part of the approved development plan. (Ord. 29(2005) § 26: Ord.
21(1988} § 1 }
12-9A-8: DiESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: T'he follawing design crite�ria shall be used as the principal criteria in evaluating
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the merits of the proposed special development district. It :>hall be the burden of th�e
appiicant i:o demonstrate that subrnittal material and the proposed development plan
comply with each of the following :�tandards, or demonstrate that one or more of them is
not applic��ble, or that a practical s�olution consistent with the public interest has been
achieved:
1. Compa�ribility: Design compatibiiiry and sensitivity to the immediate environment,
neighbc�rhood and adjacent pro��erties relative to architectural design, scale, bullc,
building height, buffer zones, idE�ntity, character, visuaf iritegrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible, efficient anc�
workable relationship with surro�unding uses and activity.
3. Parking And Loading: Compliance with parking and loacling requirements as outlined
in chaqter 10 of this title.
4. ComprEahensive Plan: Conformi�ty with applicable elements of the Vail comprehensive
plan, town policies and urban de�sign plans.
5. Natural And/Or Geologic Hazar��: ldentification and mitiqation of natural and/or
geologic hazards that affect the property on which the special development distnict is
propose:d.
6. Design Features: Site plan, buil+�ing design and location and open space provisions
designed to produce a functiona�l development responsiwe and sensitive to natural
feature�;, vegetation and overall aesthetic quality of the c:ommunity.
7. Traffic: ,A circulation system designed for both vehicles ��nd pedestrians addressing on
and off :site traffic circulation.
8. Landsc�aping: Functional and ae�sthetic iandscaping and open space in order to
optimizE� and preserve natural fe�atures, recreation, view:� and function.
9. Workable Plan: Phasing plan or subdivision plan that wil�l maintain a workable,
functional and efficient relationslhip throughout the development of the special
development district.
B. Necessary Findings: Before recommending and/or grantinal an approval of an app(ication
for a special development district, the planning and environmental commission anci the
town council shall make the faflowing findings with respect to the proposed SDD:
1. 'fhat thE� SDD complies with the standards listed in subs;ection A of this section, unless
the appficant can demonstrate that one or more of the sl;andards is not applicable, or
that a pi•acticai solution consistent with the public intere:�t has been achieved.
2. That thf� SDD is consistent with the adopted goals, obje�ctives and policies outliried in
the Vail comprehensive plan and compatible with the development objectives of the
town; and
3. That thf� SDD is compatible witr� and suitable to adjacer�t uses and appropriate i�or the
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surroun��ing areas; and
4. That thE� SDD promotes the hea:lth, safety, morals, and c�eneral welfare of the to�ron and
promotE>s 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 communit�y� of the highest quality. {�Ord. 29(2005) § 26: Ord.
21(198F3) § 1)
12-9A-9: DIEVELOPMENT STAIVDARDS:
Development standards including lot �area, site dimensions, sE;tbacks, height, density control,
site coverage, landscaping and parkirig shall be determined by the town council as pa.rt of
the approved development plan with ��onsideration of the reco�mmendations of the plainning
and environrr�ental commission. Befo�re the town council appr��ves development standards
that deviate firom the underlying zone district, it should be detE�rmined that such deviai;ion
provides ben��fits to the town that oufi�veigh the adverse effects of such deviation. Thi:�
determinatiori is to be made based on evaluation of the proposed special developmer�t
district's compliance with the design c;riteria out(ined in section 12-9A-8 of this article. (Ord.
29(2005) § 2i3: Ord. 21 { 1988) § 1)
12-9A-10: �AM�NDMENi PRO(��DURE�:
A. Minor AmE�ndments:
1. Minor rnodifications consistent with the definition of "minor amendment" in subsection
12-9A-,? of this article, may be ��pproved by the departrrient of community
development. All minor modific��tions shall be indicated on a completely revised
develoE�ment plan. Approved changes shall be noted, sligned, dated and filed b}+ the
departrnent of community development.
2. Notific��tion of a proposed minc►r amendment, and a re��ort of staff action of saicl
request, shall be provided #o alll properry owners within and adjacent to the special
development district that may C�e affected by the amenclment. Affected propertie:s shall
be as cletermined by the depah�ment of community devE�lopment. Notifications s�hall be
postmarked no later than five (!�) days following staff action on the amendment request
and shall include a brief staterr�ent describing the amen�dment and the time and date of
when tlhe planning and environmental commission will I�e informed of the
admini;strative action. In all cases the report to the plan��ing and environmental
commi:ssion shall be made witriin twenty (20) days from the date of the staff's decision
on the requested amendment.
3. Appeals of staff decisions may be filed by adjacent property owners, owners of
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property within the special development district, the appli�cant, planning and
environrnental commission members or members of the town council as outlined in
section 12-3-3 of this title.
B. Major Amendments:
1. Requests for major amendments to an approved special development district shall be
reviewe�� in accordance with the procedures described in section 12-9A-4 of this
article.
2. Owners of all property requestirig the amendment, or thE�ir agents or authorized
represeintatives, shall sign the application. Notification of the proposed amendment
shall be made to owners of all property adjacent to the property requesting the
propose�d amendment, owners c�f all property adjacent tc� the special development
district, and owners of all proper�ty within the special development district that m<�y be
affectedi by the proposed amenciment (as determined by the department of comi�nunity
develop�ment). Notification procE�dures shall be as outlin��d in subsection 12-3-�(� of
this title. (Ord. 29(20Q5) § 26: Ord. 21(1988) § 1)
12-9A-11: F�ECREATION AMEPJITIES TAX:
A recreation ��menities tax shall be as;sessed on all special de�velopment districts in
accordance vvith title 2, chapter 5 of tl�is code at a rate to be cietermined by the town c;ouncil.
This rate shall be based on the rate c�f the underlying zone di:>trict or the rate which rr�ost
closely resembles the density plan for the zone district, whichever is greaier. (Ord. 29(2005)
§ 26: Ord. 21(1988) § 1)
12-9A-12: 'TIME REQUIREMENITS;
A. Start Of Construction; Completion: The developer must begin initial construction o�f the
special d��velopment district within three (3) years from th�e time of its final approval, and
continue diligently toward the completion of the project. If the special development disirict
is to be developed in phases, the developer must begin c��nstruction af subsequent
phases writhin one year of the cornpletion of the previous phase.
B. Approval Voided: lf the applicant cioes not begin and diligently work toward the coimpletion
of the sp��cial development distric:t or any stage of the spE;cial development distric;t within
the time Ilimits imposed by the prE;ceding subsection, the ;approval of said special
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developm�ent district shall be void. The planning and environmental commission arid town
council shall review the special development district upon ;submittal of an application to
reestablish the special development district following the procedures outlined in section
12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-13: f=EES:
The filing fee for special developmeni: district applications and for major and minor
amendments to special development districts shail be set by the town council by resollution.
Applications ��eemed by the departmE:nt of community devefopment ta have significar�t
design, land use, or other issues whic;h may have a significant impact on the commun,ity may
require revie�N by consultants other tr�an town staff. Should a�determination be made I�y the
town staff tha�t an outside consultant is needed to review any ;special development district
application, said outside consultant slnall be commissioned by� the department of community
development. The department of corrimunity development sh��ll estimate the arnount ��f
money nece:>sary #o pay the outside �consultant, and this amount shall be forwarded t�� the
town by the ��pplicant at the time the special development dis�trict application is submittsd to
the departme:nt of community development. Upon completion of the review of the application
by the consultant, any of the funds forwarded by the applican�t for payment of the consultant
which have r�ot been paid to the con:�ultant, shall be returned to the applicant. Expen:ses
incurred by the town in excess of the amount forwarded by the applicant shall be paicl to the
town by the ��pplicant within thirty (30�) days of notification by 'the town. (Ord. 29(2005) § 26:
Ord. 5(1991) § 1: Ord. 21(1988) § 1)
12-9A-14: EXISTING SPECIAt�, DEVELOPMENT DISTRICTS:
Nothing in this article shall be construed to limit, replace or diminish ihe requirements�,
responsibiliti�es, and specifications of special development di;�tricts 2 through 21. The town
council specifically finds that said spE:cial development distric,ts 2 through 21 shall rernain in
full force ancl effect, and the terms, conditions, and agreements contained therein sh��lf
continue to k,e binding upon the applicants thereof and the town. These SDDs, if not
commenced at the present time, shafl camply with section 1��-9A-12 of this article. (Grd.
29(2005) § �!6: Ord. 21(1988) § 1)
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ARTICLE E. C4MIUIERCIAL SEFtVICE CENTEIR
(C���) D151'R1C7'
12-7E-1: PIJRPOSE:
The commerc:ial service center distric�t is intended to provide sites for general shoppirn� and
commercial f��cilities serving the town, together with fimited m�altiple-family dwelling and
lodge uses as� may be appropriate without interfering with the basic commercial functions of
the zone district. The commercial sen�ice center district is intended to ensure adequate light,
air, open spac;e, and other amenities ��ppropriate to permitted types of buildings and uses,
and to maintain a convenien# shopping center environment for permitted comrnercial uses.
(Ord. 29(200:i) § 24: Ord. 8(1973) § 10.100)
12-7E-2: R1=QUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PI�AN:
A. Review Re�quired: Prior to the estalblishment of any commercial service center district or
enlargemE;nt of zone district boundaries, the town council ;�hall by resolution adopt: a
general dE�velopment plan for the proposed zone district. T'he development plan may be
prepared by an applicant for the establishment of the zone� district or may be prep��red by
the town. 'The development plan shall be submitted to the planning and environmental
commissian for review, and the pl��nning and environment��l commission shall submit its
findings ai�d recommendations on the plan to the town council.
B. Plan ContE�nt: The administrator sr�alf establish the submittal requirements for a
develapment plan application. A aomplete fist of the submittal requirements shall ��e
maintained by the administrator ai�d filed in the departmerit of community development.
Certain submittal requirements m��y be waived and/or moc�ified by the administrator
andlor the: reviewing body if it is d�smonstrated by the applicant that the information and
materials required are not relevant to the proposed development or applicable to tlhe
planning ciocuments that comprisE� the Vail comprehensivE� plan. The administratoi• and/or
the revie�nring body may require the submission of additionial plans, drawings,
specifications, samples and other materials if deemed nec�essary to properly evaluate the
proposal.
C. Plan To BE; Guide: The developme�nt plan shall be used as a guide for the subseq�ient
development of sites and the design and location of buildings and grounds within �the
zone district. AEI plans subsequently approved by the desi�an review board in accoirdance
with chaater 1 i of this title shafi s�abstantially conform to trie development plan adc�pted
EXHIBIT
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St�rline Coclifiers, Inc.
by the town council. (Ord. 29(2005�) § 24: Ord. 5(2003) § 9: Ord. 8(1973) § 10.200)
12-7E-3: PE:RMITTED USES:
The following uses shall be permitted in the CSC district:
Automated teller machines (ATMs) exterior to a building.
Banks and financial institutions.
Eating and drinking establishments, ir�cluding the following:
Bakeries and delicatessens with� food service.
Cocktaif lounges and bars.
Coffee ;>hops.
Fountains and sandwich shops.
Restaurants.
Employee housing units, as further regulated by chapter 13 o1f this titie.
Personal sen�ices and repair shops, including the following:
Beauty and barber shops.
Busine:>s and office services.
Cleanin�g and laundry pick up a�aencies without bulk cleaning or dyeing.
Laundr��mats.
Smalf a.ppliance repair shops, excluding furniture repair,
Tailors and dressmakers.
Travel ��nd ticket agencies.
�Professional offices, business offices, and studios.l
J
Retail stores and establishments without fimit as to floor area including the following:
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Apparel stores.
Art sup��ly stores and galleries.
Bakerie;> and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores withoui: outdoor storage.
Camera stores and photographic studios.
Candy s;tores.
Chinaw��re and glassware store:s.
Delicatessens and specia(ty fooc� stores.
Department and genera! merch�3ndise stores.
Drugstores.
Electroriics sales and repair shops.
Fforists.
Food st��res.
Furniture stores.
Gift shops.
Hardware stores.
Hobby :�tores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor �,tores.
Luggage stares.
Music a.nd record stores.
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Newsstands and tobacco store�,.
Pet sho�s.
Photogr�aphic studios.
Radio and television broadcasting studios.
Sportinc� goods stores.
StationE�ry stores.
Supermarkets.
Toy stores.
Variety stores.
YardagE; and dry goads stores.
Additional offices, businesses, or sen,�ices determined to be similar to permitted uses iin
accordance writh the provisions of section 12-7E-1 of this article. (Ord. 12(2008} § 14)
12-7E-4: ClJNDITIONAL USES„
The following conditional uses shalf b�e permitted in the CSC district, subject to issuance of a�
conditianal u�;e permit in accordance �with the provisions of cha t.p er 16 of this title:
Any use permitted by section 12-7E-3, of this article, which is r�ot conducted entirefy within a
building.
Bed and breakfasts, as further regulai:ed by section 12-14-18 of this title.
Bowling alley.
Brewpubs.
Child daycare� centers.
Commercial I,�undry and cleaning services.
Communicati��ns antennas and appurtenant equipment.
Dog kennels.
Major arcades.
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Multiple-family residential dwellings ar�d ladges.
Outdoor oper��tion of the accessory u:�es as set forth in sectior� 12-7E-5 of this articie.
Private ciubs.
Private parking structures.
Private unstructured parking.
Public buildincas, grounds and faciiitie:�.
Public park ar�d recreation facilities.
Public utility and public service uses.
Ski lifts and tc�ws.
Theaters, meE:ting rooms, andConver�tion facilities�(Ord. 12(2;008) § 14)
12�7E-5: A(;CESS(JRY USES:
The following accessory uses shalf be� permitted in the CSC d'istrict:
Home occupa�tions, subject to issuanc;e of a home occupation permit in accordance with the
provisions of section 12-14-12 of this titfe.
Minor arcade:�.
Swimming pools, tennis courts, patio�;, or other recreation facilities customarily incider�tal to
conditional resideniial or lodge uses.
Other uses customarily incidental andl accessory to permitted or conditional uses, ancl
necessary for the operation thereof. (��rd. 29(2005) § 24: Ord. 6(1982) § 6(b): Ord. 8(1973)
§ 10,500)
12-7E-6: L()T AREA ANQ SITE DIMENSIONS:
The minimurr� lot or site area shall be twenty thousand (20,000) square feet of buildak�le
area, and eac;h site shall have a minirnum frontage of one hundred feet (100'}. (Ord.
12{1978) § 3)�
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12-7E-7: Sf�TBACKS:
ln the CSC district, ihe minimum front setback shail be twenYy feet (20'), the minimum side
setback shali be twenty feet (20'), ancl the minimum rear setb<�ck shall be twenty feet (20'}.
(Ord. 29(200Ei) § 24: Ord. 50(1978) § 2)
12-7E-8: HI�IGHT:
For a flat or mansard roof, the height of buildings shall not exc:eed thirty five feet (35'). For a
sloping raof, i:he height of buildings sr�all not exceed thirty eight feet (38'). (Ord. 37(1980)
§ 2)
12-7E-9: DIENSITY CONTROL:
Not more than forty (40) square feet of gross residential flaor area (GRFA) shall be pE:rmitted
for each one hundred (100) square fe�et of buildable site area, and gross residential flc�or
area shall no�t exceed fifty percent (5C)%} of total building floor area on any site. Total c�ensity
shall not excf;ed eighteen (18) dwellir�g units per acre of buildable site area.
A dwelling un.it in a multiple-family buiilding may include one attached accommodation unit no
larger than one-third (1/3) of the total �floor area of the dwellinq. (Ord. 31(2001) § 5: Or�d.
50(1978) § 1!�: Ord. 12(1978) § 2)
12-7E-10: ;31TE COVERAGE:
Site coverage shafl not exceed sever�ty five percent {75%) of the total site area. {Ord.
17(1991) § 11: Ord. 8(1973) § i 0.601)
12-7E-11: I_ANDSCAPING AN[) StTE DEVELOPME�NT:
At least twenty percent {20%) of the i:otal site shall be landsc��ped. The minimum wid�th and
length of any area qualifying as land:>caping shall be fifteen f��et (15') with a minimum area
not less ihan three hundred (300) square feet. (Ord. 19(1976) § 11 A: Ord. 8(1973) § 10.6Q9)
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12-7E-12: F'ARKING AND �OAIaING:
Off street parNcing and foading shall be: provided in accordance with chaqter 10 of this 9;itle. At
least one-half (1/2} of the required par!�cing shall be located within the main building or
buildings. No parking or loading area ,;half be focated in any re;quired front setback area.
(Ord. 19{197E�) § 11A: Ord. 8(1973) § 10.610)
12-7E-13: LOCATlON OF BUSIINESS ACTIVITY:
A. Limitations; Exception: AI( permitte�� and conditional uses b�y sections 12-7E-3 and
12-7E-4 oi� this article shall be operated and conducted entirely within a building except
for permitt�ed parking and loading ��reas and such activities as may be specifically
authorized to be unenclosed by a c�onditional use permit and the outdoor display oi�
goods.
B. Outdoor Display: The area to be us;ed for outdoor display rriust be locafed directly in front
of the esta:blishment displaying the: goods and entirely upo�n the establishment's ov+m
property. �>idewalks, building entrances and exits, drivewa�is and streets shall not k�e
obstructed by outdoor display. (Ord. 34(1982) § 4)
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Chapter 2
��F�N1iICJNS
12-2-1: WO�RD CONSTRUCTION:
Words used in the present tense incluide the future, and vice ��ersa; words used in the
singular inclu+�e the plural, and vice vE:rsa; the word "shall" is mandatory, the word "m��y" is
permissive; a�nd whenever reference is made to any portion o1� this title, the reference ,�pplies
to all amendments and additions now or hereafter made. (4rd. 29(2005) § 17: Ord. 8(1973)
§ 1.500)
12-2-2: DE1=1N1TIONS OF WORDS AND TERMS:
When used in� this title, the words and phrases contained in this title shall have the spE,cific
meanings as defined in this section.
ACCOMMOD�ATION UNIT: Any room or group of rooms without "kitchen facilities", as
defined hereiii, which are designed for temporary occupancy by visitors, guests, individuals,
or families on a short term renial basi;s, and accessible from common corridors, walks, or
balconies without passing through an��ther accommodation ur�it, limited service lodge unit,
fractional fee club unit or dwelling unii:. An accommodation unit is not intended for peri�nanent
residency anci shall not be subdividedl into an individual condc�minium unit, pursuant to title
i 3, "Subdivision Regulations", of this code.
ACCOMMOD�ATION UNIT, ATi'ACHED: A room, without kitch�en facilities, connected to a
dwelling unit inrithin a multiple-family ��uilding designed for or ��dapted to occupancy by�
guests which is accessible from a cornmon corridor, waik, or k�alcony without passing
through anotrier accommodation unit, attached accommodation unit, or dwelling unit.
ADMINISTRF�TOR: The administrator of the department of co�mmunity development or
hismer desigr�ee.
AFFECTED F�ROPERTY: Property within a special developm��nt district that, by virtue� of its
proximity or r��lationship ta a propose�� amendment request to� an approved development
plan, may be affected by redesign, de�nsity increase, change in uses, or other modific��tions
changing the impacts, or character of the approved special dE:velopment district.
AGENT OR ��UTHORfZED REPRESENTATfVE: Any individual or association authori;zed or
empowered in writing by the property owner to act on his (her) stead. If any of the properry to
be included in the special development district is a condomini�umized development, the
pertinent con��ominium association may be considered the agent or authorized
representativ�� for the individual unit o�wners if authorized in cc�nformity with all pertine�nt
EXHIBIT
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requirements of the condominium association's declarations and all other requirements of
the condominium declarations are met.
AMUSEMENT DEVICE: Any device v�+hich upon insertion of a coin, slug, token, plate or disc,
or payment oi� consideration may be used by the public for usE� as a game, entertainment,
amusement, �� test of skill, either men�tal or physical, whether c�r not registering a score�,
which shall in�clude, but shall not be limited to: pool tables, snc�oker tables, foosball taC�les,
pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical
bulls, but shall n�t include radios, devices that provide music only, or television carrying
commercial broadcasts.
ANNEXED Af�EAS: Parcels of land th�at have been introducecl to the boundaries of thE� town
of Vaif.
ARCHITECTl1RAL PROJECTIONS: E3uilding projections including, but not limited to, towers,
stairs, spires, cupolas, chimneys, flag�poles and similar architectural features.
ART IN PUBL.IC PLACES BOARD (AIPPB): The art in public places board establishecl
pursuant to title 3. chapter 3 of this code.
ATTIC: The space between the ceilinq beams of the top story and the roof rafters.
AUTOMOTIVIE SERVICE STATlONS: A faciliiy with retail sale of motor fuel, vehicle se�rvicing
and repair an�� optional accessory cor�venience store.
AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total ;�tatic
and dynamic �pressure less than six h��ndred (600) pounds per square foot on a flat surface
normal to the flow and/or a return interval in excess of twenty ifive (25) years.
AVALANCHE AREA, R�D HAZARD: ��ny area impacted by a snow avalanche producing a
total static ani� dynamic pressure in e;�cess of six hundred (600) pounds per square foot on a
flat surface nc�rmal to the flow andlor �� reiurn interval of less than twenry five (25) years.
AVALANCHE AREA, ZONE OF INFLIJENCE: Any area in a pi�tential avalanche hazar�d zone
where detaile�� information is not currE;ntly available but which may be impacted by salid
hazard. ThesE: zones of influence shall be designated on the ��ppropriate maps of the
administrator of the town.
BAKERIES AND CONFECTIONERIES; Commercial retail or wholesale properties wh�ose
main product> are baked goods and desserts, either producecl on the premises or off :site.
BARBERSHC)P: A commercial establishment whose primary t�usiness is the cutting and/or
styling of hum�an hair.
BASEMENT: IFor the purposes of calculating gross residential floor area (GRFA) on the
lowest level of a structure, the total pe�rcentage of exterior wall! surfaces unexposed arid
below existing or finished grade, whiclhever is more restrictive„ shall be the percentagE� of the
horizonta! area of the lowest level ded'ucted from the GRFA c��lculation. The percentaqe
deduction calrulations shall be roundE�d to nearest whoie percent. The lowest level's e�xterior
wall surface area shall be measured firom the finished floor elE�vation of that level to the
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underside of the structura( floor memk>ers of the floor/ceiling a;�sembly above. For the
purposes of ttiese calculations, retainl;ng walls and site wa(Is s�hall not be considered F�art of
the lowest level's exterior walls.
BASEMENT (�R GARDEN LEVEL: F��r the purposes of implementing horizontal zoning
within specific; zone disiricts, basement or garden level shall be any floor, or portion of any
floor, of a structure located substantially below the first floor or street level of that struc;ture,
as determined by the administrator or the planning and environmental commission. M��re
than one floor, or portion of floors, ma.y be defined as basement or garden level within a
single structure.
BATHROOM: A room containing a wc�rking shower or bathtub, sink, and toilet.
BAY WIND0INS: A window or series of windows thai projects from the main wall of a
building and torming a bay or alcove in a room within.
BED AND BFtEAKFAST: A business �vhich accommodates guests in a dweiling unit in which
the bed and t�reakfast proprieior lives� on the premises and is in residence during the bed
and breakfast use.
BOWLING AILLEY: A recreation and E:ntertainment facility whE:re the sport of bowling takes
place. A bowlling alley may also inclu��e accessory entertainment facilities and uses such as
eating and dr�inking facilities, retail shops, nightclubs, arcade i�acilities, billiards, Ping-F�ong,
darts, meeting rooms, and similar usE,s.
BREWPUB: ,An eating place which includes the brewing of be:er as an accessory use. The
brewing operation processes water, rnalt, hops, and yeast int�� beer or ale by mashinc�,
cooking, and fermenting. The area u:�ed for brewing, incfudin�� bottling and kegging, :�hall not
exceed fifty K>ercent {50%) of the tota,l floor area of the comm��rcia( space. The brewery shall
not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year.
A barrei is equivalent to thirty one (311 } gallons.
BUILDABLE AREA: Any site, lat, parcel or any portion thereo�f which does not contair�
designated floodpiain, red hazard avalanche area, or areas ir� excess of forty perceni: (40%}
slope.
BUILDING: Any structure having a rc�of supported by columns or walls, or any other
enclosed structure, for the housing or enclosure of persons, <�nimals, or property.
CHILD DAYCARE CENTER: A resid�ence or facility that provides regular care and
supervision, for an entire day or a partion of a day, for seven (7) or more children wh�� are
not related to the owner, operator or manager thereof, whether such facility is operat�sd with
or without cc�mpensation for such care. A daycare center sha.11 comply with all applic�ible
standards for childcare ceniers of th�s Colorado department c�f social services.
CLUBS, HE��LTH: A facility where members or nonmembers use equipment or spac�� for the
purpose of F�hysical exercise.
COMMERC9AL DEVELOPMENT: Any development that includes uses such as business
offices, profE�ssional offices, accommodation units, general r��taif, grocery, liquor and
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convenience, recreational amenity, re��l estate offices, conference facilities, health clur�s,
eating and drinking establishments, sf�rvice oriented business�ss, or similar uses.
COMMERCIP�L LfNKAGE: An obligati�on that requires devefopers to provide housing fc�r a
certain numbE;r of new employees that are generated by a nevv commercial developmE;nt,
focusing solely on a development's irr�pact as related to emplc�yee generation and not taking
into account s;econdary impacts.
COMMERCI��L SKI STORAGE: Stora,ge for equipment (skis, ;�nowboards, boots and poles)
andlor clothing used in skiing related ;sports, which is availablE; to the public or membe�rs,
operated by a� business, club or government organization, and where a fee is charged for
hourly, daily, rnonthly, seasonal or anr�uaf usage. Ski storage that is part of a lodge, or
dwelfing unit, in which a fee is not ch2�rged, is not considered �:,ommercial ski storage.
CONFEREN(�E FACILITY: A facility used for conferences, cor�ventions, seminars, bar�quets,
and entertainrnent functions, a(ong with accessory functions such as lobbies, preconv�ene
areas, and ex:hibition space.
C�NVENTION FACILITY: A building ��r portion thereof designed to accommodate thre:e
hundred (300) or more persons in as:�embfy, but not including a dining room or meetirig
room in a lod��e, if the dining room or meeting room is designE�d to accommodate less than
three hundred (300) persons.
CREEK OR ��TREAM: A body of flowing water indicated as a perennial stream on the most
recent USGS topographic map of the area.
DECK, R001=ED OR COVERED: A cleck that is protected from the elements vfa a roof or
other similar �;,overing.
DEED RESTRfCTION: A permanent restriction on the use, oc;cupancy and transfer of real
properry that runs with the land and is recorded against the pi�operty in the Eagle County
clerk and recorder's office.
DEMO/REBUILD: The destruction, d�:molition, or removal of 1�ifty percent (50%) or rnc�re of
the gross residential floor area of an ��xisting dwelling unit or :�tructure. The determin��tion of
the fifty percE;nt {50%) shal! be calculated upon "gross residential floor area" as definE�d in
ihis section.
DENSITY CONTROL: Any requiremE:nt of this title that regulates the number or size c�f
dweAing unit:� per unit of land.
DESIGN RE'UIEW BOARD (DRB): Design review board established pursuant to title ,3
chapter 4 of this code.
DEVELOPMENT: The construction, improvement, alteration, installation, erection, or
expansion ot any building, structure c�r other improvement in the town.
DORMER: A,n architectural structure prajecting out from a slc>ping roof of a building designed
to provide light, air, access, or interior volume to a space and usualfy containing a vertical
window or vf�ntilating louver, having �a gable or shed roof, in uvhich the total cumulative length
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of the dormer(s) does not exceed fifty percenf (50%) of the length of the sloping roof, per
roof plane, frc�m which the dormer(s) ��rojects.
DORMITORY' UN IT: A iype of employee housing unit which hc�uses not more than five� (5)
persons and includes common kitche�n facilities, a common b��throom, and a minimurri of two
hundred fifty i;250) square feet of GRf=Afor each person occuloying the unit.
DRUGSTORI=: An estab(ishment engaged in the retail sale of prescription drugs,
nonprescripti��n medicines, cosmetics; and related suppfies.
DINELLING, 'MULTIPLE-FAMILY: A bi.�ilding containing three (3) or more dwelling unit,s,
including tow�nhouses, row houses, apartments, and condominium units, designed for or
used by three� (3) or more famifies, ea�ch living as an indepenclent housekeeping unit.
DWELLING, SlNGLE-FAMILY: A deta�ched building designed for or used as a dwellinc�
exclusively b�� one family as an independent housekeeping unit.
DWELLING, TWO-FAMILY: A detach��d building containing tv�►o {2) dwelling units, des�igned
for or used a:� a dwelling exclusively by two (2} families, each living as an independen:t
housekeepin�� unit.
DWELL(NG IJNIT: Any room or grou�� of rooms in a two-famil�� or multiple-family building with
kitchen facifities designed for or used by one family as an independent housekeeping unit.
EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a
year round b��sis at a business locate�d in Eagle County.
EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which sP�afl not be leased or rent:ed for
any period less than thirty (30) consecutive days, and shall bE: occupied by at least or�e
person who is an employee. For the purposes of this definition "employee° sha(l meaii a
person who �vorks an average of thirty {30) hours per week or more on a year round basis in
Eagle Count��, Colorado.
ENVIRONME:NTAL IMPACT REPORT: A document outlining the effect of proposed
development or action on the enviror�ment.
FACILITIES, HEALTHCARE: A facility principally engaged in providing services for hE�aith
maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or ph:ysical
condition.
FAMILY: Family shall be deemed to k�e either subsection A or� B of this definition:
A. An individual, or two (2) or more persons related by blc�od, marriage or adoption,
excluding domestic servants, tc>gether in a dwelling uni�: used as a single housekeeping
unit.
B. A group of unrelated persons r�ot to exceed two (2) persons per bedroom plus an
additio�nal two (2) persons per dwelling unit used as a single housekeeping unit.
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FIRST FLOO1� OR STREET LEVEL: 1=or the purposes of impl��menting horizontal zoning
within specific: zone districts, first floor or street level shall be a.ny floor, or portion of any floor,
of a structure located at or nearest to �(either above or below� the level of the adjacent
vehicular or p�edestrian way, as determined by the administrator or the planning and
environmental commission. More thari one floor, or portion of floors, may be defined a;� first
floor or street level within a single structure.
FLOOD HAZf�RD ZONE: The land in the floodplain subject to a one percent (1%) or g�reater
chance of floc�ding in any given year. ,�fhe area may be design��ted as Zone A on the flc�od
hazard boundary map (FHBM}. After cietailed ratemaking has'been completed in preparation
for publication� of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99,; VO,
V 1-30, VE or 'V.
FLOOD INSURANCE STUDY: The ofi�icial report provided by i:he federal emergency
management agency that includes f(oc�d profiles and water surface elevation of the ba:�e
flood as well �is the flood boundary-floodway map.
FLOOR ARE��, GROSS RESIDENTIA,L (GRFA): See chapter 15 of this title for GRFA
definitions, re��ulations, and requireme�nts for GRFA calculatioris.
FLOOR AREA, NET: The total flaor area within the enclosing �valls of a structure not
including the following:
A. Areas specifically designed and used for mechanical equipment to operate the
building.
B. Stairways.
C. Elevators.
D. Commcm hallways.
E. Commc�n lobbies.
F. Common restrooms.
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G. Areas ��esigned and used for parking.
H. Areas ��esigned and used as si;orage which do not havE: direct access to an individual
office oir retail store, not to exceed five percent (5%) of the total proposed net floor area
for office and not to exceed eigP�t percent {8%) of the total proposed net floor arf;a for
retail.
"Common areas" are spaces for which all tenants in the building contribute toward the
upkeep and maintenance #here��f and are not used for employee working areas.
FLOOR AREA, SEATING (Used Only For Calculating Parkingi Requirernents): The floor area
within the enc;losing walls of a business or structure that is devoted to the seating of guests
for dining or rneeting purposes, exclusive of lobbies, p�efunction areas and kitchen fac;ilities.
FRACTIONAL FEE: A tenancy in common interest in improve�d real property, includinc�
condominiums, created or he(d by persons, partnerships, corporations, or joint ventur+:s or
similar entities, wherein the tenants ir� common have formerly arranged by oral or written
agreement or� understanding, either r4:corded or unrecorded, ��Ilowing for the use and
occupancy of the property by one or more cotenants to the ex:clusion of one or more
cotenants duiring any period, whether annually reoccurring or not which is binding upo�n any
assignee or fiuture owner of a fractional fee interest ar if such agreement continues to be in
any way binding or effective upon an�� cotenant for the sale of any interest in the prop��rty.
FRACTIONAL FEE CLUB: A fraction<�! fee project in which ea.ch dwelling unit, pursua;nt to
recorded project documentation as approved by the town of V'ail, has no fewer than six (6)
and no more than twelve (12} owners per unit and whose use is established by a rese�rvation
system and i;> managed on site with �� front desk operaiing tweniy four (24) hours a d<�y,
seven {7) da}rs a week providing rese�rvation and registration �:,apabilities. The project shall
include, or be� proximate to transporta�tion, retail shops, eating and drinking establishrrients,
and recreation facilities.
FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club de:;cribed
as such in thE: project documentation and not an accommoda1�ion unit within the fractional fee
club. No offer� of a fractional fee club unit shall be made exceK>t pursuant to an application for
registration and cert�fication as a sub��ivision developer of a tiimeshare program or an
exemption frc�m registration approvecl by the state of Coloradc� real estate commissior�
pursuant io C,olorado Revised Statute:s 12-61-401 et seq., an�� the rules and reguiations
promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the
developer of a fractional fee club unit shall provide to the staff of the department of
community d�svelopment a copy of th�� application or request i�or exemption filed with the
state of Colorado real estate commis,sion and/or evidence of ��pproval of the applicatic�n or
request for e;cemption.
FULL TIME E:MPLOYEE: A person who works an average of thirty (30} hours per wee�k or
more on a year round basis in Eagle County, Colorado.
FUNICULARS AND OTHER SIMILAf3 CONVEYANCES; ExtE:rior, tram like vehicles,
designed to rnove up and down steeF� slopes by use of rails or tracks.
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GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject
to rockfalls, mudflows, debris flows, dE;bris avalanches, and ur�stabfe soil, slopes or rorks.
GRADE, EXI;�TING: The existing grade shall be the existing or natural topography of �� site
prior to construction.
GRADE, FINISHED: The finished gra��e shall be the grade prc�posed upon completion of a
project.
GRADE, INTE=RPOLATED: The reest��blished topographic cor�ditions af a developmer�t site
expressed in 1two foot (2') contour intervals and determined by connecting surveyed s��ot
elevations located at ten foot (10'} inte:rvals around the perimeter of a property boundary and
used in the dE�termination of maximum allowable building heiglht.
HABITABLE: Any area designed for slleeping, living, cooking, c�ining, meeting or recre<�tion
as applied to �floor area.
HEIGHT: The distance measured vertically from any point on �� proposed or existing rc�of or
eaves to the E�xisting or finished grade� (whichever is more resl:rictive) located directly k�elow
said point of the roof or eaves. Within any building footprint, hE:ight shall be measured
vertically from any point on a proposed or existing roof to the f;xisting grade directly be�low
said point on a proposed or existing roof.
HOME CHILC) DAYCARE FACIUTY: �4 residence or facility th��t provides regular care �and
supervision, f�or an entire day, for mon� than two (2) but not more than six (6) children ifrom
birth to sixteen {16} years of age who are not related to the owmer, operator or manager
thereof, whether such facility is operated with or without compensation for such care.
Residents of '�the home under twelve (12) years of age who are on the premises and all
children on the premises for supervision are counted against the approved capacity. A,
daycare hom�� shall comply with all applicable standards for ci�ildcare centers of the
Colorado dep�artment of social servicE�s.
HOME OCCUPATION: A use conduci:ed entirely within a dwelling which is incidental �ind
secondary to the use of the dwelling for dwelling purposes an�� which does not changE: the
residential character thereof.
INCLUSION��RY ZONING: A zoning c�bligation based on the c;ommunity's need for employee
housing considering many factors and secondary impacts, inc:luding scarcity of develc�pable
land; rising hc�me values; inadequate availability of empfoyee housing in the market; a�nd
direct employ�ee generation impacts.
INTERPRETI;VE NATURE WALKS: Unpaved pedestrian trails; with either fixed signs c�r
marked points which are used to explain the natural flora, fau�na, geology, geography, or
history in the immediate area. This u:>e would exclude all mec:hanical vehicles except
wheelchairs ��nd maintenance equipment.
KITCHEN FA,CIL(TIES: Fixtures and �squipment for food storage and preparation of m�eals,
including a sink, stove, oven or microwave oven, and refriger<�tor and food storage fa�,ilities.
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KITCHENET'rE: A room containing th�e following fixtures and �appliances only: a microwave
oven, sink, and refrigerator.
LANDSCAPIIVG: Natural or significant rock outcroppings, native vegetation, planted areas
and plant materials, including trees, shrubs, lawns, flawerbeds and ground cover, shal:l be
deemed landscaping together with th�� core development such as walks, decks, patio.�,
terraces, wat�sr features, and like features not occupying morE� than twenty percent (2()%) of
the landscap��d area.
LAUNDROM,AT: A facility where patro�ns wash, dry or dry clean clothing or other fabric.s in
machines op��rated by the patron.
LIMITED EDITION: One of no more than nine (9} copies produced from an original arl�ist's
mold.
LOBBY: A communal space in ar near the entrance area of a building.
LODGE: A building or group of assocliated buildings designed for occupancy primarily as the
temporary laiging place of individual;; or families either in accommodation units or dw�elling
units, in whiclh the gross residential flc�or area devoted to accc>mmodation units or fractional
fee club units�, is equal to or greater ttian seventy percent (74�%) of the total gross residential
floor area on the site, and in which all such units are operatedl under a single management
providing the occupants thereof custc�mary hotel services and facilities.
Notwithstanding the above for properties containing gross res�idential floor area equal to or
less than eigl�ty {80) square feet of gross residentia! floor are<� for each one hundred 1;100)
square feet of buildable site area, suc;h properties shall be defined as lodges, provide�� that
gross resideritial floor area devoted to accommodation units c�r fractional fee club units
exceeds the ��ross residential floor ar��a devoted to dwelling units.
LODGE DWE=LLING UNIT: A small dvvelling unit with limited kitchen and floor area arn� which
contains six hundred fifty (650} square feet or less of floor are�a and is intended to be �rented
on a short term basis.
LODGE, LIMITED SERVICE: A building or group of associate�d buildings designed for�
occupancy pirimarily as the temporar}� lodging place of visitor;�, guests, individuals, or
families, on �i short term rental basis, in limited service lodge units or any combinatior� of
accommodation units, limited service lodge units, fractional fe�e c(ub units, or dwelling units in
which the grc�ss residential floor area devoted to accommodation units, limited servicf� lodge
units, and fra.ctional fee club units is E;qual to or greater than :>eventy percent (70%) of #he
total gross residential floor area on the site, and in which all such units are operated under a
single manac�ement providing the occ;upants thereof customary lodge services and facilities.
LODGE UN!'T, LIMiTED SERVICE: Any room or group of rooms with "kitchen facilities", as
defined herein, in a limited service loc�ge which are designed for temporary occupancy by
visitors, gues�ts, individuals, or familie�s on a short term rental basis, and accessible fr��m
common corridors, walks, or balconie�s without passing through another accommodation unit,
limited servic.e lodge unit, fractional fE�e club unit or dwelling unit. A limited service lodge unit
is noi intendE�d for permanent residency and shall not be subdivided into an individua'I
condominium unit, pursuant to title 1;3, "Subdivision Regulatic�ns", of this code.
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LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or
structure undE�r the provisions of this t��tle and meeting the minimum requirements of this title.
A lot or site may consist of a single lot of record, a poriion of a lot of record, a combina��ion of
lots of record or portions thereof, or a parcel of land described by metes and bounds.
LOT OR SITE. LINE, FRONT: The boundary line of a lot or site adjoining a street which,
provides the primary access or street address of the site, or acijoining the primary accE,ss
from a street 1;o the lot or site.
LOT OR S1TE: LINE, REAR: The boundary line of a lot or site E�xtending between the side
lines and forrr�ing the boundary of the lot or site opposite the front line. In the event of �� lot or
site having only three (3) Iot or site lin�as, a line ten feet (10') in length within the lot or :�ite
extending between the side lines and parallel to the front line :>hall be deemed the rear line
for purposes of estabfishing setbacks.
LOT OR SITE: LINE, SIDE: The bounciary line ofi a lot or site e:�ctending from the front line
towards the opposite or rearmost portion of the site.
MAJOR ARC,ADE: A place of business where an individual, a��sociation, partnership or
corporation m�aintains five (5} or more amusement devices.
MEETING Af�ID CONVENTION FACII_ITY: A building or buildings that contain space fc�r the
convening of �organizations or groups of people for the purpos�as of educational, political,
social or fraternal advancement.
MICROBREV�JERY: A mixed use commercial aperation that pr�ocesses water, malt, ho��s, and
yeast into beE�r or ale by mashing, coc�king, and fermenting th��t shall also include an c�n site
�ublic restaurant andlor bar which sells the beer and ale produced on site. The maxirrium
brewing capacity for the microbrewery shall be seven thousand five hundred (7,500) b�arrels
per year. A b��rrel is equivalent to thirt�y one (31) gallons. The rnicrobrewery use shall r�ot
exceed eight thousand (8,000) squarE� feet of flaor area, excluding enclosed areas for
loading, trash, and delivery. The public restaurant and/or bar s�hall have a minimum seating
area of two th�ousand {2,000) square ieet and shall be excludE�d from the total microbr�awery
maximum square footage limit.
MINQR ARC�aDE: A place of busines;s where an individual, a:�sociation, partnership or
corporation rriaintains four (4) or fewer amusement devices.
MULTIPLE USE L4ADING FACILITY: A facility where a singlE; off street loading facilit��r
serves more �than one use or one user.
NATURE PRI=SERVES: Areas of land and/or water that are managed primarily to saf��guard
the flora, fauria and physical features it contains, while not prE;cluding public access.
NEXUS STUIDY: A report, prepared at the request of the town council, updated at least every
five (5) years or more often if deemecl necessary by the town council, analyzing the current
and future employee housing needs resulting from new devel��pment and redevelopment in
the town.
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OFF SITE: A location within the boun��aries of the town other'than the site on which the
commercial development is located.
OFFICE, BU:3INESS: An office for the conduct of general business and service activities,
such as officE;s of real estate or insur<�nce agents, brokers, secretaria! or stenographic:
services, or offices for general business activities and transactions, where storage, sale, or
display of inerchantlise on the premis�es occupies less than ten percent (10%} of the flloor
area.
OFFtCE, PR(JFESSI�NAL: An office for the practice of a proi`ession, such as offices of
physicians, d�entists, lawyers, architec;ts, engineers, musician��, teachers, accountants, and
others who tt�rough training are qualii�ied io perform services of a professional nature, where
storage, sale, or display of inerchandise on the premises occi�pies less than ten percE�nt
(10%) of the floor area,
OFFICE, TEP�IPORARY BUSINESS: An office for the conduci: of general business and
service activi�ties and transactions for a limited time period to ,�ccommodate the tempc>rary
dispiacemeni: of an existing business office within the town of Vail due to redevelopmE�nt
construction ;activities.
OUTDOOR DISPLAY: A temporary outdoor arrangement of o'bjects, items, or products
representative of the merchandise sold or rented by a retail e,�tablishment, and further
regulated by section 12-14-21 of this title.
OUTDOOR F3ECREATION AREAS, ,�CTIVE: Outdoor recreational activities which involve
organized or structured recreation th��t is associated with recreational facilities, excluciing
buildings. For example, active outdoc>r recreation would inc(u��e, but not be limited to: athletic
fields, playgr��unds, autdoor basketball and tennis courts, out��oor swimming pools, s(edding
and skiing areas, fitness trails with e�;ercise stations, etc.
4UTDOOR F�ECREATION AREAS, I'ASSIVE: Outdoor recreation activities which in��olve
unstructured recreation which does r�ot require facilities or special grounds. Passive c�utdoor
recreation wc�uld include: picnicking, fishing, walking, hiking, cross cauntry skiing, infc�rmal
playing fields,, etc.
OWNER: Any person, agent, firm, cc�rporation, or partnership that alone, jointly, or severally
with others: has legal or equitable title t� any premises, dwelling or dwelling unit, with or
without accompanying actual possession thereof; or has charge, care or control of ar�y
premises, dv+�elling or dwelling unit, a.s agent of the owner or �as executor, administrat��r,
trustee, or guardian of the estate of the beneficial owner. The person shown an the rE�c�rds
of the recorder of deeds of the count�y to be the owner of a p��rticular property shall bE�
presumed to be the person in control' of that property.
PARTY WAL.L: A common wall share�d by iwo (2) attached structures, buildings or dwelling
units.
PATHS, BIC'YCLE AND PEDESTRI��N: A corridor for use by bicycles and pedestrians,
prohibited for use by motorized vehic:les.
PERSONAL SERVICES: A nonmedi�cal commercial busines�� where a service is offer�ed to
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the customer and where accessory retail sales of products rel��ted to the services may� be
provided, incl�uding, but not limited to, beauty and barber shops, tailor shops, dry clear�ers,
laundromats, repair shops, and similar services.
PLANNING AND ENVIRONMENTAL �COMMISSION: The body responsible for reviewing
development praposals or any matter:s pertaining to the comm�ission as provided by this
code and to a.ct in an advisory capacii.y to the town council. Trje planning and environrnental
commission f��cuses on evaluating prc�jects based on the zoning ordinance, master pl��ns,
subdivision re�gulations, environmenta.l concerns, etc., and as established by title 3, cha�ter
2 of this code.
PLANT PRODUCTS: Fertilizers and ��lant seeds packaged in quantities weighing not more
than twenty five (25) pounds, and tree:s, shrubs, bedding planl:s, ground cover and Ch�ristmas
trees and wreaths.
PRIMARY Rt)OF: A roof which cover;� five hundred (500) or more square feet of building
area. A primary roof shall not include required secondary roof forrns, dormers, architet:tural
projections, c��vered entryways, shopi�ront colonnades, awninc�s, louvers, porte-cocheres,
covered decks, and other similar roof forms. This definition is �:�sed in the determination of
building heigrit in ihe Lionshead mixec� use 1 and 2 zone districts. See figures 8-15(a-�:,) in
the Lionshead redevelopment master plan for additional clarification.
PRIMARY RC)OF RIDGELiNE; Generally the highest or most dominant roof ridgeline(:s) atop
a building mass or series of building masses used in the deter�mination of building heiqht in
the Lionsheac9 mixed use 1 and 2 zone districts. See figures 8-i5(a-c) in the Lionshead
redeveiopment master plan for additic►nai clarification.
PRIMARY RC)OF RiDGELINE, ASSUMED: The established centerline portion of a flai: or
mansard roof and/or the sloping ends of a gambrel or hip roof used in the determinatic�n of
building height in the Lionshead mixed use 1 and 2 zone districts and as determined k>y the
administrator. See figures 8-15(a-c) in� the Lianshead redevelc�pment master plan for
additional clarification.
PRIVATE: A use, area, property or fac:ility which is not public.
PRIVATE CLUB: An association of persons and its premises E�stablished for the fraterinal,
social, educa'tional, recreational, or cultural enrichment of its rnembers and not primarily for
profit, whose bona fide members pay dues and meet certain ��rescribed qualifications for
membership, use of such premises bf�ing restricted to membe�rs and their guests. Parlking
structures ma�y not be the sole faciliry for a private club.
PRIVATE PAf�KING STRUCTURES: A parking area within a k�uilding for the exclusive� use of
its owners, to be considered an individual land use not to be linked with parking
requirements regulated in chapter 10 of this title.
PRIVATE UNSTRUCTURED PARKING: A parking area not within a buiiding for the e�;clusive
use of its owr�ers, to be considered ar� individual land use not to be linked with parkinc�
requirements regulated in chapter 10 of this title.
PROPERTY i�WNER: A person, persons or public or private E;ntity with the right to exclusive
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use, control, ��r possession of properfiy due to transfer of property through a deed or o{�ther
legal docume�nt.
PUBLIC: A use, area, property or facility whicF�:
A. Is ownE�d and operated by a governmental entity, and fu,nctions or is availabie fc>r use
by ai! persons whether with or v��ithout charge; or
B. Is ownE�d or operated by a person or entity other than a governmental entity, an��
functioris or is available for use by all persons without ct�arge.
PUBI.IC ART'. Any original creation of artwork that is accessibie to the general public.
PUBLIC PARKING STRUCTURES: P� parking area within a building for use by the public, to
be considere+d an individual land use not to be finked with parl<ing requirements regut��ted in
chapter 10 of this title.
PUBLIC UN��TRUCTURED PARKIN(a: A parking area not witf�in a building for use by the
public, to be ��onsidered an individual land use no# to be linkec� with parking requireme>nts
regulated in c:hapter 10 of this title.
PUBLlC UTII_ITY AND PUBLfC SER�✓ICE USES: Any structure, not otherwise exemp�ted
from the defiinition of "structure" elsewhere in this title, which is reasonably necessary to
facilitate adec�uate public utilities and public services. Public uitilities and public servic4;s shall
include, but riot be limited to, distribution, collection, communication, supply or disposal
systems for gas, electricity, water, wastewater, stormwater, tellecommunications, irriga,tion,
sofid waste, r�ecycling, and other similar public utilities and pul�lic services. For the pui�poses
of this title, pi.�blic ufility and public service uses shall not include public transportation
facilities, sew�age or wastewater treatment facilities, sanitary l;andfills, safvage yards, :�torage
yards, businE�ss offices, or communications antennas and appurtenant equipment.
QUASI-PUBI_IC: A use which is char��cterized by its availabili'ty to the public, with or v�rithout
cost, but whi�:,h is conducted by an eritity, organization, or person which is not a
governmenta�l entity.
REAL ESTAI"E OFFICE: An office for� the purpose of conducting rea! estate transactic�ns
and/or property management.
RECREATION AMENITIES TAX: A fE;e or dues levied on certain development that is used to
fund an exterior recreation based im�>rovement or facility incl�ading, but not limited to,
swimming pc�ols, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses,
driving range�s, playgrounds, and oth��r similar amenities.
RECREATIO�N STRUCTURE: Any dE�tached (i.e., not connected to any main structur�e or
structures) c��vering erected over a rE�cr�ational amenity which is not a seasonal struc;ture.
For the purpc�ses of this title, recreati��n structures shall constitute site coverage but shall not
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be subject to building bulk control star�dards. Any recreation si:ructure is subject to design
review.
RECREATIOPJAL AMENITY: An exterlior recreation based improvement or facility including,
but not limitedi to, swimming pools, hot tubs, athletic fields and couris, ice rinks, skate ��arks,
golf courses, ��riving ranges, playgrounds, and other similar arnenities.
REDEVELOPMENT: The construction:, improvement, alteration, installation, erection,
expansion or change in use of any exusting building, structure or other improvement in the
town that results in an increase in net floor area or GRFA.
RELIGIOUS INSTITUTION: A buildinc� used for public worship� by any number of
congregation:�, excluding buildings used excfusively for residential, educational, recre��tional
or other uses not associated with wor.ship. lncludes churches, chapels, cathedrals, tennples,
and simifar dE�signations.
REMODELING: The alteration or rencwation of the interior only of an existing residential
dwelling unit in the town of Vail, wiiho�ut any increase in GRFA..
RESIDENTIAL DEVELOPMENT: A dE�velopment that includes at least one dwelling uriit,
including singile-family dwellings, two-famify dwellings, multipl�:-family dwellings, fracti�mal
fee club units, lodge dwelfings units, ��ttached accommodatior� units, and timeshare ur�its.
ROOF, FLAT: A roof that is not pitchec� and the surface of whic;h is generally parallel tc� the
ground.
ROOF, MAN;�Af�D: A roof with two (2.� slopes on each of four (4) sides, the lower stee:per
than the uppe:r.
SATELLITE C)ISH ANTENNA: A dish shaped or parabolic shaped reception or transmission
antenna which is more than two feet �;2') in diameter (includinc� dishes stored or tempc�rarily
placed for mc>re than 1 day) for the reception andlor transmis;>ion of satellite signals,
inciuding, bu1: not limited to, televisior� signals, AM radio signals, FM radio signals, telE�metry
signals, data communications signals., or any other reception or transmission signals using
free air spacE� as a medium, whether for commercial or private use.
SEASONAL 1'LANT PRODUCTS BUSINESS: Any person, corporation, company or
partnership ��hich sells any "plant prc�ducts" as defined in this section. A seasonal plant
products business shall only operate as a conditional use in z:one districts where it is
allowed. A se;asonal plant products b�usiness shal! be entitled to not more than two (2;i
permits per lot for any one year, and each permit shal! not ex��eed sixty (60) consecutive
days each. V�Jhenever a seasonal pla.nt products business is not in operation, all struc:tures,
fixtures, matE�rials for sale and equiprnent relating to the busir�ess shall be removed from the
site or loeatic>n of operatian within a K�eriod not to exceed sev�snty two (72) hours.
SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or
extend educ��tional, recreational, andl cultural activities. Such temporary coverings m<�y not
be in place fc�r more than seven (7) consecutive months of any twelve (12} month period. Far
the purposes; of this title, a seasonal use or structure shall not constitute site coverag�e and
shall not be :�ubject to bui(ding bulk control standards. Any se�asonal use or structure is
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subject to de;�ign review.
SETBACK: T:he distance from a lot or site line, creek or strearn measured horizontally to a
line or location within the lot or site which establishes the permitted location of uses,
structures, or buildings on the site.
SETBACK Af�EA: The area within a I��t or site between a fot or site line and the
correspondin�� setback line within the lot or site.
SETBACK LiIVE: A line or location within a lot or site which establishes the permitted I�ocation
of uses, structures, or buifdings on thE: site.
SETBACK LIINE, FRONT: The setback line extending the full width of the site parallel 1to and
measured from the front (ot or site linf�.
SETBACK LIIVE, REAR: The setback line extending the full width of the site parallel tc, and
measured from the rear lot or site line�.
SETBACK LIIVE, SIDE: The setback line extending from the front setback line to the r�sar
setback line K�arallel to and measured from the side lot or site line.
SEXUALLY C)RIENTED BUSINESS: ,An adult arcade, adult store, adult cabaret, aduft motion
picture theate�r or adult theater, except an estab(ishment wher�e a medical practitioner,
psychologist, psychiatrist or similar professional licensed by the state of Colorado engages
in approved ��nd recognized sexual th�erapy.
SHOPS, BEp,UTY AND BARBER: A facility where one or more persons engage in the�
practice of cosmetology, incfuding hair, nail and skin care.
SHOPS, ELECTRONICS SALES ANID REPAIR: A facility whE�re home electronics are sold
and/or repairE:d on the premises.
SHORT TERIVI RENTAL: Shall be deEamed to be a rental for a period of time not exce�:ding
thirry one {31) days.
SITE: (See also definition of Lot Or S�ite.) A parcef of land occupied or intended to be
occupied by �� use, building, or structure under the provisions of this title and meeting the
minimum requirements of this #itle. A lot or site may consist of a single lot of record, a portion
of a lot of rec�ord, a combination of lots of record or portions tr�ereof, or a parcel of lan��
described by metes and bounds.
SITE COVEFiAGE: The ratio of the tc�tal building area of a sitE3 to the total area of a sii:e,
expressed as� a percentage. For the ��urposes of calculating site coverage, "building area of
a site" shaEl mean that portion of a site occupied by any building, carport, porte-cochere,
arcade, and c;overed or roofed walkway constructed at, below�, or above grade as me��sured
from the exterior face of the sheathin�� of the perimeter walls c�r supporting columns.
For the purpc�ses of this definition, a balcony or deck projectir�g from a higher elevation may
extend over �i lower bafcony, deck or walkway, and in such ca�se the higher balcony oir deck
shall not be dleemed a roof or coverin�g for the lower balcony, deck or walkway. In addition to
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the above, building area shall aiso inc'lude any portion of a roof overhang, eaves, or cc�vered
stair, covered deck, covered porch, co�vered #errace or covered patio that extends mor�� than
four feet (4') fcom the exterior face of the perimeter building walls or supporting columr�s.
SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limiied io a final major or minor
subdivision plat, or a special developn�ent district development plan.
SLOPE: The c�eviation of a surface frc�m the horizontal, expres�sed in percent or degre��s and
ca(culated thr��ugh rise over run.
SPA: A commercial establishment providing services including massage, body or #acia�l
treatments, makeup consultation and application, manicures, pedicures and similar services,
but excluding beauty and barber shop�s.
SPECIAL DE'VELOPMENT DISTRICI; MAJOR AMENDMENI" (PEC AND/OR COUNCIL
REVIEW): Any proposal ta change uses; increase gross resid�ential floor area; change� the
number of dwelling or accornmodatior� units; modify, enlarge c�r expand any appr�ved
special develc�pmen# district (other than "minor amendments" as defined in ihis section),
except as provided under sect�on 12-15-4, "Interior Conversions", or 12-15-5, "Additioinal
Gross Reside�ntiaf Floor Area {250 Or�dinance)", of this title.
SPECIAL DE'VELOPMENT DISTRIC��f, MINOR AMENDMENT' (STAFF REVIEW):
Modifications to building plans, site or landscape plans that dc� not alter the basic inter�t and
character of tlhe approved special dev�elopment district, and are consistent with the design
criteria of cha.pter 9, article A of this til:fe. Minor amendments rnay include, but noi be limited
to, variations of not more than five fee�t (5') to approved setbac;ks and/or building footp�rints;
changes to landscape or site plans that do not adversely imp�ict pedestrian or vehicular
circulation throughout the speciaf development district; or changes to gross ffoor area
(excluding re:sidential uses) of not more than five percent (5%) of the approved squarE;
fooiage of retail, office, common areas and other nonresidential floor area.
STORAGE AREA: An area within a dwelling unit which is designed and used specific,�lly for
the purpose c�f storage and is not req�uired by the latest edition of the adopted buildinc� codes
to provide eit�her light, ventilation, or t�� comply with any code irequirement for its function or
existence.
STORE, COPJVENIENCE FOOD: Commercial retail entity tha:t specializes in selling f��st food
and beveragE:, and only includes coui�ter service, not table se�rvice.
STRUCTURE=: Anything constructed or erected with a fixed Ic�catian on the ground, but not
including pol��s, lines, cables, or other transmission or distribution facilities of public utilities,
or mailboxes or light fixtures. At the d�iscreiion of the design rE:view board, swimming �pools
and tennis courts may be exempted from this definition.
STUDIO: A b�uilding or porfion of a building used as a place of work by an artist,
photographer, or an artisan in the field of light handicrafts, provided that no use shall be
permitted or no process or equipment employed which is objE;ctionable or injurious to
persons or p�roperty in the vicinity by reason of odor, fumes, dlust, smoke, cinders, dir1i, refuse
or wastes, nc�ise, vibration, illumination, glare, unsightliness, ��r hazard of fire or explc�sion.
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SUBSTANTI��L IMPROVEMENT: Any repair, reconstruction, c�r improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of trie market value of the stru�cture.
Market value shall be determined by <� qualified assessor designated by the administr,�tor.
The market v�alue of a structure is determined either: a) beforE� the irnprovement or re��air is
started; or b) if the structure has been� damaged and is being restored, before the darr�age
occurred. For the purposes of this definition "substaniial imprc>vement" is considered to
occur when the first alteration of any �rvall, ceiling, floor, or othf;r structural part of the b�uilding
commences, whether or not that alteration affects the external dimensions of the struc:ture.
The term does not, however, include ��ny project for improverrient of a structure to compiy
with existing :�tate or local health, sanitary, or safety code spe�:,ifications which are solE:ly
necessary to assure safe living condii:ions.
SUBSTANTI��L OFF SITE IMPACT: An impact resulting from cievelopment or redevelc�pment
on the surrounding neighborhood andl public faciliiies in ihe vi�cinity of a development ��r
redevelopment site having a considerable amount of effect upon the area. For example,
substantial ofif site impacts may include, but are not limited to, the tollowing: deed restricted
employee housing, roadway improvernents, pedestrian walkway improvements, streei:scape
improvements, stream tract/bank restoration, loading/delivery, public art improvement,�, and
similar impro�iements.
THEATER: A�n establishment for the rehearsal and presentation of performing arts an��lor the
showing of movies or motion pictures.
TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes
sec�on 38-33�-110.
TIMESHARE LfCENSE: A contractual right to exclusive occuK�ancy of specified premi:ses;
provided, thait the occupancy of the premises is divided into fi�✓e (5} or more separate time
periods exten:ding over a term of morE� than two (2) years. Thf; premises may consist �of one
parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the
license is cre�ated to be identified latei�. No timeshare is a timeshare license if it meets the
definition of ir�terval estate, timeshare or time span estate.
TIMESHARE UNIT: A dwelling unit which includes the followir�g forms of interval prop��rty
ownership; fr��ctional fee, timeshare e�state, or timeshare licen�se, as approved by the town of
Vail. No offer of a fractional fee, times�hare estate, or timeshare (icense in a timeshare unit
shall be madE� except pursuant to an application for registratic�n and certification as a
subdivision d�eveloper of a timeshare program or an exemption from registrafion apprc�ved by
the state of Golorado real estate commission pursuant to Colorado Revised Siatutes
12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten
(1 Q) days afte�r receipt of a written rec�uest, the developer of a timeshare unit shal! provide to
the staff of th�e department of community development a copy of the application or request
for exemptiori filed with the state of Coforado real estate commission and/or evidence of
approval of the application or request for exemption.
TRANSPOR�fATION BUSINESS: A business which provides 'transportation for persons in
the form of a shuttle senrice (e.g., var� transportation) or by providing automobiles for
customers (e.g., car rental). Transportation businesses do no�t include businesses pro�viding
vehicles for the transportation of gooc�s or products including, but not Iimited to, panel trucks,
moving vans and trucks, and other sirnilar vehicles.
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TRUSS TYPE: STRUCTURAL SYSTE:M: A structural system that includes trusses used as
structura{ support, perpendicular to ih�� outside walls, on the ir�side of a roof structure.
UNDERLYINC� ZONE DISTRICT: The zone district existing on the property, or imposec� on
the property a.t the time the special development district is app�roved.
USABLE OPE:N SPACE: Outdoor spa.ce usable for outdoor living or recreational activities,
including patic�s, terraces, gardens, la��vns, swimming pools, water features, or recreation
areas, and decks or balconies, but ex�cluding driveways, parking areas, access walks, utility
and service a�reas, and required setba�ck areas. Patios used fc�r restaurant and bar service
shall not be c��nsidered as usable ope�n space.
USABLE OPE:N SPACE, GROUND LI�VEL; Usable open spac;e provided at grade or c�n
decks or similar structures not more than ten feet (10') above ��round level and accessible
from ground level.
USE: The purpose for which a site or structure or portion therE�of is arranged, designei�,
intended, erec;ted, moved, altered, or enlarged, or for which either a site or structure or
portion therec�f is or may be occupied or maintained.
USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or
conditional us�e.
USE, CONDI'rIONAL: A use or activit�y with unique or special �:,haracteristics that requires
additional reviiew to ensure they are Ic�cated properfy with res��ect to the objectives of i:he
zoning regulations, and to ensure their compatibility with other� surrounding uses and the
town at large. Due to their unique characteristics and the potential for impacts ta adjac;ent
uses, conditio�nal uses are often allowed subject to specific lirr�itations and conditions.
USE, PERMI"iTED: A principal use or activity allowed by right within a zone district.
VAIL COMPREHENSIVE PLAN: The Vail comprehensive plan� is an advisory master ��lan for
the development of the town of Vail. 'T'he Vail comprehensive plan is the compilation of
numerous p(a.nning documents that include the Vail Village urban design guidelines/V<�il
Village desigr� considerations (adopted June 11, 1984, and revised January 15, 1993), Ford
ParklDonovan Park master plan (adopted August 5, 1985), land use plan (adopted
November 18, 1986), Vail Village ma�;ter plan (adopted January 16, 1990), streetscape
master plan (��dopted November 20, 'I 991), transportation master plan (adopted Janu�ary
1993), municipal cemetery master pla:n (adopted December 7, 1993), comprehensive open
lands plan (ac�opted 1994), environmental strategic plan (adopted 1994), Ford Park
management plan {adopted Aprif 14, 1997}, Lionshead redevE�lopment master plan (adopted
December 15, 1998}, and art in public; places strategic plan (a.dopted November 6, 2001).
VARIANCE: F'ermission to depart frorn the literal requirement:� of a zoning ordinance, as
further regulated by this title.
VEHICLE, COMMERCIAL: A vehicle that is designated for co�mmercial use through iic;ensing
requirements by the state of Coloradc�.
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VEHICLE ST��RAGE YARD: An area where vehicles are temporarily parked while aw,aiting
repair or disp��si�on. Vehicles stored in a vehicle storage yard must be licensed vehicbes,
and no one vE�hicle may remain in suc:h a storage yard for moi�e than one hundred twe�nty
(120) consecutive or nonconsecutive days in a one year perind. A vehicle storage yard does
not include the repair and servicing of vehicles or the removal and sale of vehicle parts or
other accessories.
VESTED PR(�PERTY RIGHT: The rigiht to undertake and corr�plete the development and
use of property under the terms and c,onditions of the site specific development plan, ��nd
shall be deemed established upon approval of a site specific development plan.
VIEW CORRI!DOR: An unobstructed location, position or area. that permits an unhinde�red
panoramic vi,>ta of particular interest c�r pleasure or unique vie�w to a particular point fn�m a
public place, �adopted by ordinance, as further regulated by thlis title.
VIEW POlNT ORIGINATION: The survey point, called out as ithe instrument in each IE:gal
description dE;fining a view corridor bc�undary, which is the ba:�is for each view corridor.
ZONE DlSTR�ICT: A specifically deline�ated area in the town of Vail with uniform regulations
and requirements which govern the use, placement, spacing, and size of land and buildings
as mapped on the town of Vai! official zoning map.
ZONING MAf�: A map that specifies tlhe boundaries of zone districts within the town o�f Vail.
(Qrd. 22(2010) § 1: Ord. 13(2008) § 1: Ord. 12(2008) § 1: Ord. 8(2008} § 2: Ord. 1(2008)
§ 1: Ord. 39(�?007) § 1: Ord. 32(2007J� § 12: Ord. 28(2007) § 2': Ord. 22(2007) § 2: Ord.
8{2007) § 1: Ord. 7(2007) § 1: Ord. 4�;20Q6) § 1: Ord. 2(2006) § 2: Ord. 29(2005) § 18: Ord.
24{2005) § 3: Ord. 1 B(2005) § 2: Ord., 26(2004) §§ i, 2: Ord. 14(2004) § 1: Ord. 33(2003)
§ 1: Ord. 18(�?003) § 1: Ord. 5(2003) !� 1: Ord. 29(2002) § 2: Ord. 28(2002) § 2: Ord.
31(2001) § 2: Ord. 24(2001) § 10: Ori�. 19(2001) § 3: Ord. 17�(2001) § 2: Ord. 5{2001) § 6:
Ord. 9(2000) § 1: Ord. 23(1999) § 2: ��rd. 22(1999) § 7: Ord. .3{1999) § 3: 1997 Code: Ord.
13(1997j § 1: Ord. 1(1997) §§ 1, 2: O�rd. 22(1996) § 1: Ord. 1�4(1996) § 1: Ord. 6(199:i} § 6:
Ord. 21(1994} §§ 1-7: Ord. 17(1994) § 1: Ord. 33(1993} § 1: Ord. 9(1993) §§ 1-5: Ord.
8(1992) §§ 1•�3: Ord. 43(i 991) §§ 1, 2_: Ord. 35(1991) § 1: Orci. 17(1991) § 2: Ord. 15(1991)
§ 1: Ord. 27('1990) § 1: Ord. 31(1989;1 §§ 16-19: Ord. 32(198FS) § 1: Ord. 36(1987) § 1: 4rd.
9(1985) § 1: �Jrd. 41(1982) § 1(A-B): Ord. 26(1982) §§ 7, 8: C)rd. 23(19$2) §§ 1, 2: Ord.
6(1982) § 1(2�-c): Ord. 37(1980) § 1: (�rd. 26(1980) § 1: Ord. '16(1978} § 1: Ord. 12(1 �i78}
§ 1: Ord. 30(1977) § 1: Ord. 19(1976;1 § 2: Ord. 8(1973) § 1.600)
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(',hapter 16
CONDITIOiNAL USE PEI�NiiTS
12-16-1: PCIRPOSE; LiMtTATIONS:
In order to prc�vide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts ;�ubject to the granting oi� a conditional use permit.
Because of their unusual or special criaracteristics, conditional uses require review arnd
evaluation so thaf they may be locatec� properly with respect to the purposes of this title and
with respect to their effects on surrouriding properties. The rev�iew process prescribed in this
chapter is inte�nded to assure compatil�ility and harmonious development between
conditional uses and surrounding properties and the town at large. Uses listed as conc9itional
uses in the va.rious districts may be pE;rmitted subject to such ronditians and limitations as
the town may prescribe to ensure that the focation and operation of �the conditional usE�s will
be in accordance with development objectives of the tawn ancl will not be detrimental t:o
other uses or properties. Where conditions cannot be devised to achieve these objectives,
applications fc�r canditional use permits shall be denied. (Ord. 8(1973) § 18,100)
12-16-2: AF�PLICATION; CONTI,NTS:
EXHIBlT
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Application far a conditional use permit shall be made upon a form provided by the
administrator„ The application shall bE� supported by documen.ts, maps, plans, and oth,er
material cont��inir�g the following information:
A. Name and address of the owner and/or applicant and a sta.tement that the applicarit, if not
the owner, has the permission of the owner to make application and act as agent for the
owner.
B. Legal desc;ription, street address, ��nd other identifying dat<� concerning the site.
C. A description of #he precise nature of the proposed use and its operating character'istics,
and measures proposed to make the use compatible with other properties in the v'icinity.
D. A site plan showing proposed devE�lopment of the site, including topography, buildir�g
locations, parking, traffic circulation, usable open space, I<<ndscaped area, and utilities
and drain��ge features.
E. Preliminar�f building plans and eleuations sufficient to indicate the dimensions, gerneral
appearan��e, scale, and interior pl��n of all buildings.
F. Such additiional material as the adrninistrator may prescribe; or the applicant may submit
pertin�nt 10 the application and to the findings prerequisite to the issuance of a
conditionz�l use permit as prescribed in secfion 12-16-6 of this chapfer.
G. A list of thE. owner or owners of rec:ord of the praperties adj;acent to the subject property
which is subject of the hearing. Provided, however, notification of owners within a
condominium project sha(f be satisfied by no#ifying the managing agent, or the registered
agent of the condominium projecf, or any member of the board of directars of a
condominium association. �he lisl of owners, managing ac�ent of the condominiurri
project, registered agent or members of the board of directors, as appropriate, sha�ll
incl�de th�e names of the individuals, their mailing addresses, and the general des��ription
of the property owned or managed by each. Accompanying the list shall be stamp�ed,
addressed envelopes to each individual or agent to be notified to be used for the rnailing
of the notice of hearing. It will be the applicant's responsibility to provide this infornnation
and stam��ed, addressed envelop��s. Notice to the adjacer�t property owners shall be
mailed fir;;t class, postage prepaicl. �--
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H. If the propE�rty is owned in commori (condominium associat.ion} or jointly with other
property owners such as driveways, A/B parcels or C parc�els in duplex subdivisions, by
way of ex<�mple and not limitation, the written approva! of ti�e other property owner;,
owners or applicabfe owners' assc�ciation shall be required. This can be either in the form
of a letter of approval or signature on the application. (Ord.. 29(2005) § 38: Ord. 24�;2000)
§ 2: Ord. 49(1991) § 1: Ord. 50(19�78) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord.
8(1973) § 18.200)
12-1 fi-3: FE:E:
7he town council shall set a conditional use permit fee schedule sufficient to cover the� cost
of town staff time and other expenses incidental to the review of the application. The f��e
shall be paid �at the time of the application, and shall not be refundable. (Ord. 29(2005) § 38:
Ord. 8(1973) § 18.300)
12-16-4: HE�ARING:
Upon receipt of a conditional use perrnit application, the planriing and environmental
commission s�hall set a date for hearir�g in accordance with subsection 12-3-6B of this title.
Notice shal! be given, and the hearinc; shall be conducted in accordance with subsections
12-3-6C and ID of this title, (Ord. 29(2005} § 38: Ord. 8(1973) § 18.400)
12-16-5: PI.ANNING AND ENVIIRONMENTAL COMIMISSION ACTION:
A. Possib(e R.ange Of Action: Within thirty {30) days of the application for a public hearing on
a conditioinal use permit, the planriing and environmental c:ommission shall act on the
application. The commission may approve the application as submitted or may approve
the applic�ation subject to such mo�difications or conditions as it deems necessary to
accomplish the purposes of this til:le, or the commission may deny the application. A
condition��l use permit may be revocable, may be granted for a limited time periad,: or
may be gr�anted subject to such other conditions as the commission may prescribe:.
Condition:� may inctude, but shall not be limited to, requiririg special setbacks, open
spaces, fE:nces or walls, landscaping or screening, and street dedication and
improvement; regu4ation of vehicular access and parking, signs, illumination, and fi�urs
and methods of operation; control of patential nuisances; ��rescription af standard:> for
maintenance of buifdings and grounds; and prescription oi� deveiopment schedule;�.
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B. Variances: A conditional use permit shall not grant variancE:s, but action on a variarice
may be considered concurrently v�iith a conditional use per�mit application on the s��me
site. Variances shall be granted in accordance with the prc�cedure prescribed in chapter
17 of this title. (Ord. 29(2005) § 3f3: Ord. 16(1978} § 4(b): (�rd. 8(1973) § 18.500)
12-16-6: Cl�ITERIA; FINDlNGS:
A. Factors Er�umerated: Beiore actinc� on a conditional use pe�rmit application, the planning
and envirc�nmental commission st-�all consider the followin�� factors with respect to ihe
proposed use:
1. Relatioinship and impact of the �use on development obj��ctives of the :town.
2. Effect c►f the use on light and air, distribution o# populatic�n, transporiation facilitif;s,
utilities, schools, parks and recreation facilities, and othf:r public facilities and p�iblic
facilitie�� needs.
3. Effeci iapon traffic, with particul��r reference to congesticm, automotive and pedestrian
safety and convenience, traffic lflow and control, access;, maneuverability, and rE�mova!
of snow from the streets and pa.rking areas.
4. Effect upon the chacacter of the� area in which the propc�sed use is to be located,
includin.g the scale and bulk of the proposed use in relai:ion to surrounding uses.
5. Such other factors and criteria �as the commission deems applicable to the proposed
use.
6. The environmental impact report concerning the propo:,ed use, if an environmental
impact r.eport is required by cha� tp er 12 of this title.
B, Necessary �indings: The planning and enviranmental commis.sion shall make the �
following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance �with fhe purposes of thi�; title
and the� purposes of the zone district in which the site is located.
2. That the proposed location of t}�e use and the conditions under which it would ��e
operate�d or maintained will not be detrimental to the pu'blic health, safety, or welfare, or
materia�lly injurious to propertie�� or improvements in the� viciniry.
3. That the proposed use will corr�ply with each of the applicable provisions of this title.
(Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) �� 3: Ord. 36(1980) § 1: (�rd.
8(1973) § 18.600)
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12-16-7: U:3E SPECIFIC CRITE.RIA AND STANDARDS:
The following criteria and standards shall be app(icable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in addition to
the criteria ar�d findings required by s�sction 12-i 6-6 of this ch��pter.
A. Uses And �Criteria:
1. Bakeries and confectioneries: T'he use shall be restricte+� to preparation of prod�acts
specific,ally for sale on the premises.
2. Beauty and barber shops: Within the commercial core 1 and commercial core 2 zone
districts beauty and barber sho�rs shall have no exterior frontage on any public �rray,
street, v�alkway, or mall area. Within the Lionshead mixe�d use 1 and Lionshead mixed
use 2 zone districts beauty and barber shops shall have no exterior frontage on any
primary or secondary pedestriar� mall as defined by the 1_ionshead redevelopment
master plan.
3. Brewpubs:
a. Therf� shall be no exterior starage of supplies, refuse, or materials on the pro��erty
upon which the brewpub is o��erated.
b. The c�perator of the brewpub :shall cvmply with the town's loading and delivery
regul<�tions as set forth in this title.
c. Brew��ubs which sell beer or ��le at wholesale or whicr� sell beer for off site
consuimption are allowed so Ic�ng as the total of whole,sale sales and sales for off site
consi��mption do not exceed fc�rty five percent (45%) of the product manufactured by
the brewpub on an annual ba:�is.
4. Commercial storage; No exterior frontage on any public way, street, walkway, or mall
area is permitted.
5. Convenience food stores:
a. Maxirnum store size shall be ��ight thousand (8,000) s��uare feet.
b. No more than thirty three perc;ent (33%) of the gross k�uilding area of the entire
struct�:�re on site.
6. Major ai�cades:
a. No e�.terior frontage on any public way, street, walkwa,y, or mall area is permit'ted.
b. Amus�ement devices shalf not be visible or audible from any public way, sireet,
walkw�ay, or mall area.
7. Television stations:
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a. The X>roduction room/studio shail be visible from the streei or pedestrian mall.
b. The t�elevision station shall be� "cablecast" only, requiring no additional antennas.
8. Timesh,are unit or fractional fee club proposal: Prior to the approval of a conditional use
permit f��r a timeshare estate, fr��ctional fee, fraciional fee club, or timeshare license
proposal, the following shall be �:,onsidered:
a. lf the proposal for a fractional fee club is a redeveloprnent of an existing facility, the
fractic�nal fee club shall maint��in an equivalency of ac�:,ommodation units as are
presently existing. Equivalenc.y shall be maintained ei�ther by an equal number of
units or by square footage. If �the proposal is a new de�velopment, it shall provi�de at
least as much accommodatio�n unit gross residential floor area (GRFA) as fractional
fee club unit gross residential floor area (GRFA).
b. Lock off units and lock off unit square footage shall nc�t be included in the calculation
when determining the equivalency of existing accommodation units or equivalency of
existing square footage.
c. The ��bifity of the proposed project to create and maintain a high level of occu�pancy.
d. Employee housing units may be required as part of ainy new or redevelopment
fracti��nal fee club project requesting density over that; allowed by zoning. The
numt�er of employee housing units required will be consistent with employee impacts
that ��re expected as a result �of the project.
e. Ths :�pplicant shall submit to the town a list of all own�ers of existing units with�in the
proje�ct or building; and written statements from one hundred percent (10Q%) �of the
owne�rs of existing units indic��ting their approval, without condition, of the proposed
fracti��nal fee club. No written approval shall be valid if it was signed by the ovvner
more than sixty (60) days prior to the date of filing the� application for a conditional
use.
f. Each of the fractional fee clu�� units shall be made av��ilable for short term rental in a
man��ged program when not lin use by the club mem��ers. The project shal! in��lude or
be proximate to transportation, retail shops, eating ar�d drinking establishments, and
recreation facilities.
9. Transportation businesses:
a. All vE:hicles shall be parked upon approved parking a.reas.
b. AI! v��hicles shall be adequately screened from public; rights of way and adjacent
prop��rties, cansisting of landscaping and berms, in c��mbination with walls an�d
fencf�s, where deemed nece:�sary to reduce the defel:erious efi�ects of vehicle
stora.ge.
c. The number, size and locatio�n of vehicles permitted to be stored shali be det��rmined
by the planning and environmental commission base�d on the adequacy of thE: site
for v��hicle storage. Consideration shall be given to the adequacy of landsca��ing and
othei• screening methods to ��revent impacts to adjac�ent properties and other
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comrr�ercial and/or residentiai uses.
d. Parking associated with transportation businesses sh��ll not reduce or comproimise
the p��rking required for other uses on site.
10. Home child daycare facility:
a. The nnaximum number of chilc�ren shall be no more criildren than allowed by the
state �of Colorado ficensing authority for a childcare home or a tota! of six (6)
childr�sn, whichever is more re�strictive.
b. A stai:e of Colorado license is required to operate a chi(dcare home and a current
copy ��f the license shall be k��pt on file in the town of �Jail community developrnent
department.
c. A conditional use permit for a home occupation to operate a home childcare f��cility
shall be valid for one year. Th�e permit holder shall be �responsible for requesting
rene�rals and maintaining alf permits as current.
11. Funiculars and other similar conveyances:
a. Funiculars and other simiiar conveyances shall only be a(iowed when designed for
the p�arpose of providing access to a residential dwelling, as determined by thE�
planning and environmental c��mmission.
b. Funiculars and other simifar conveyances shall only be a(lowed when signific2int site
constraints prevent conventional means of vehicular access to the residential
dwelling, as determined by the planning and environmenfal commission. "Sign�ificant
site c+�nstraints" shall be defined as natural features such as mature trees, natural
drain��ges, stream courses, and other natural water fe�atures, rock outcroppings,
wetlai�ds, excessive slopes, other natural ieatures, and existing struc#ures that may
creates practical difficulties in the site planning and dev�elopment of the iot.
c. Funiculars and other similar conveyances shall only be allowed when designed to be
compatible with both the site �apon which they are loc��ted and the residential
dwelling to which they provide: access, as determined by the planning and
environmental commission.
d. Funic.ulars and other similar conveyances shall only be allowed when designe�d to be
appropriately screened from v�iew, as determined by the planning and environrnental
comrr�ission.
12. Single-family and two-family rE�sidential dwellings in thf� Lionshead mixed use �I zone
district: Single-family and two-family residential dwellings sha(1 be allowed when:
a. Developed as part of a coordinated mixed use development; and
b. A low density residential scalE� is advantageous to create compatibility with or a
transition to other low density residential development in the vicinity of the
coordinated mixed use develc�pment; and
c. The s;ingle-family and two-family residential dwellings are designed to the same
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generai scafe and character c�f residential dwellings in residential zone district;� that
allow single-family and two-famify residentia! dwellings; and
d. The ��roposed coordinated mixed use development cc�ntaining the sing(e-family
and/or two-family residential dwellings is consistent wi;th the intent and objectives of
the �onshead redevelopmeni: master plan.
13. BusinE�ss offices and professic�nal offices in the resideriiial cluster zone district:
a. OfficE�s for physicians, dentisi:s and similar medical practices shall be exciude�� in the
reSidE;ntial cluster zone district.
b. Busir�ess and professional ofi�ices shall be secondary to the residential use of the
distric;t. The net floor area of the office use shall be no� greater than fifteen per�;,ent
(15%) of the allowable gross residentia! floor area of the development site.
c. The s;ale of inerchandise shall be prohibited.
d_ Off si:reet parking shall be prc>vided in accordance with the provisions of chap'ter 10
of thi:� title and shall be clearfy separate from the area designated for residentfal
parking.
e. No o��ernight parking or storage of commercial vehiclE�s associated with the
profe.�sional or business offic�� use shall be permitted..
f. Signage shall be permitted in accordance with subsection 11-6-3A, of this code,
business signs within sign dis�trict 1(title 11, "Sign Rec�ulations") and shall be subject
to rev�iew by the design revietiv board.
g. The r�umber of employees aflowed in a business office or professiona( office �Nithin
the rE�sidential cluster zone district shall not exceed one employee for each tw�o
hundi�ed (200) square feet of net floor area.
h. Hom��owners' association ap�proval shall be required �of all conditional use per•mit
applir,ations for a professional office or a business offiice within the residential cluster
distric:t, pursuant to subsection 12-11-4B1 d of this title�.
14. Tempc�rary business offices:
a. Offic��s for real estate agents shall be excluded.
b. The :�torage, sale, or display of inerchandise on the ��remises shall occupy le:ss than
ten p�ercent (10%) of the office's floor area.
c. Off si:reet parking shall be provided in accordance with chapter 10 of this title.
d. Sign<�ge shall be provided in accordance title 11, "Sign Regulations", of this code.
e. The business and service ac'tivities and transactions �of a temporary business office
may ��nfy be conducted for a limited time period, not t�o exceed three (3} year,>.
Unle:>s the time period is limil:ed to a shorter duration, ihe approval of a conditional
use K�ermit for a temporary business office shall expir�� and become void within three
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(3) ye��rs from the initial date af approval.
The planning and environmeni;al commission may grar�t a subsequent extensicm to a
conditional use permit approv��l to allow a temporary b�.�siness office to continue
activities and transactions beyond the original time period limit, if the commission
deterrnines special circumstar�ces and/or conditions e�:ist to warrant such an
extension. An extension may only be granted for the rr�inimum time period nec�essary
to facilitate specific redevelopment construction activities that achieve the towr�'s
goals, policies, and objectives, but in no event may such an extension be alloNred for
mare �than three (3) years without additional review.
f. A conciitional use permit approval for a temporary busir�ess office shall be revie�wed
by the� planning and environmental commission on an annual basis to verify th��
applicant's compliance with the conditions of approval.
15. Busine�ss offices and professional offices in the housinq (H) district:
a. Business and professional offices shall be secondary to the residential use of the
district. The net floor area of the office use shall be noir greater than fifteen percent
(15%)� of the net floor area of i:he development site.
b. The sale of inerchandise shall be prohibited.
c. Off st�reet parking shall be provided in accordance with the provisions of chaater 10
of this� ti#le and shall be clearly+ separate fram the area designated for residential
parkir�g.
d. No o�rernight parking or stora��e of commercial vehicle�s associated with the
professional or business officE: use shal! be permitted.
e. Sign�ige shall be permitted in accordance with subsec;tion 11-6-3A of this codE�,
business signs within sign district 1, and shall be subjE:ct to design review.
f. The number of employees allowed in a business office: or professional office w�ithin
the hc�using district shall not e�xceed one employee for each two hundred (200�}
squar�e feet of net floor area.
g. Hom��owners' association or �property owner approval shall be required of all
conditional use permit applications for a professional ��ffice or a business office
withir� the housing (H} district pursuant to subsection i 2-11-4B1 d of this code,
16. Sexuc�lly oriented businesses:
a. Sexuaily oriented businesses; shall be located a minirnum of five hundred fee1r (500'}
from any:
(1) Religious institution;
(2) P�ublic park;
(3) Library;
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(4) Si:ate licensed daycare iarility;
(5} School or educationa! facility serving persons under eighteen (18) years of age;
or
(6) Any other sexually oriented business.
b. The distance between any two (2) sexually oriented ��usinesses shall be measured
in a straight line, without regard to intervening structures, from the closest exti�rior
struci:ural wall of each business. Distance between ariy sexually oriented business
and ��ny religious institution, school or public park shall be measured in a stra+ght
line, without regard to interve�ning structures, from the nearest portion of the s�tructure
used for the sexually orientecl business to the nearesl: property line of the religious
instit�ation or school, or the ne:arest boundary of the p�ablic park.
c. Sexually explicit advertisements or other promotional displays for sexually ori��nted
businesses that are harmful t�o minors shall not be visible to minors from
pede�strianways, walkways or other public areas.
d. Sexu,ally oriented businesses� shall obtain a license p�ursuant to tiile 4, "Business
And l_icense Regulations , of this code, as a conditior� of approval for a condii:ional
use ��ermit. (Ord. 1(2011) § 1: Ord. 13(2008) § 3: Ord. 35(2007) § 3: Ord. 22(�?007)
§ 3: C�rd. 33{2006) § 2: Ord. �?9(2005) § 38: Ord. 36(2003) § 1: �rd. 33(2003) § 1:
Ord. 31(2001) § 6: Ord. 17(2001) § 2: Ord. 10(1998} �3 11)
12-16-8: P1=RMIT APPROVAL iAND EFFECT:
Approval of z� conditional use permit, or an amendment to an existing conditional use permit,
shall lapse and become void if a builciing permit is not obtaine�d and construction not
commenced and diligently pursued tc�ward completion or the use for which the approval has
been grantecl has not commenced within two (2) years from vvhen the approval becornes
final. Approv��l of a conditional use pf;rmit shall also lapse and become void if the use for
which the ap�prova! has been granted is discontinued for a period of two (2) years, rec�ardless
of any intent to resume operation of the use. (Ord. 12(2008} F3 26)
12-16-9: C�ONFLICTING PROVISIONS:
In addition to the conditions which m;ay be prescribed pursuant to this chapter, a canciitional
use shall als+� be subject to all other Iprocedures, permits, and requirements of this chapter
and other applicable ordinances and regulations of the town. In the event of any conflict
between the provisions of a conditior�al use permit and any other permit or requireme�nt, the
more restrictive provision shall prevail. (Ord. 10(i998) § 10: (�rd. 8(1973) § 18.900)
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12-16-10: A,MENDMENT PROCIEDURES:
A. The administrator may approve amendments to an existing conditional use permit
(including, but not limited to, additi��ns to buildings and structures associated with tl�e
use, chanc�es to the aperation of trie use, changes to the pirevious conditions of approval,
etc.) if the administrator determines the amendment meets the following criteria:
1. The am�endment is in accordance with all applicable elernents of this code and the Vail
compreP�ensive plan; and
2. The am�endment does not alter the basic character or ini:ent of the original condii:ional
use perrnit; and
3. The am�endment will not adversE;ly affect the public heali:h, safety, and welfare.
B. All amendments to an existing conciitional use permit not meeting the above listed c;riteria,
as determined by the administrator, shaif be reviewed by trye planning and environtnental
commissic�n in accordance with thE; procedures described in section 12-16-5 of thi��
chapter. (C)rd. 12(2008) § 27)
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Chapter 1
PUBL.IC NUISANCE:S
5-1-1: DEFINITiONS:
NUISANCE: For the purpose of this code, a nuisance is herek�y defined as any act or
condiiion which endangers the public health or environment or results in annoyance c�r
discomfort to the public or damage to any property or injury tc� any person.
PERSON: A�� used in this chapter me:ans a nafural person, cc�rporation, business trust,
estate, trust, partnership, association, joint stock company, joint venture, two (2) or m��re
persons having a joint or common interest, any other legal or commercial entity, or a
receiver, executor, trustee, conservator or other representative appointed by order of any
court. (1997 �Code: Ord. 18{1966) § 1)
5-1-2: DES�IGNATED GENERALLY:
Each of the ��ctions or conditions set out in sections -5 1-3 thr��ugh -� 1_il of this chapter shall
be deemed to be a public nuisance a�nd may be proceeded against according to the
provisions of this chapter. (Ord. 18(1 �966) § 2)
5-1-3: KEE:PING JUNK:
The storing or keeping by any person within the town of any ��Id articles or materia{s �which
may be classified as junk, adjacent t�o or in close proximity to any public building, put�lic park
or grounds, business buildings or re:�idences without first pro�viding fully enclosed bui�ldings
for the stora��e of the same, shall be deemed a public nuisance. It is specifically provided
that trash, g��rbage and refuse and trash, garbage and refusE; containers, barrels anci cans
must be obscured from view and noi: accessible to scavengir�g animals. It is further
specifically provided that "junk" as rE:ferred to in this chapier shall be expressly deerr�ed to
include, with;out limitation, any motor vehicle that is incapablE� of operation under its own
pawer. A mc�tor vehicle shalf be presum�d incapable of oper��tion if it has remained in one
location for �� period in excess of thirty (30) days. (Ord. 16(1968} § 1: Ord. 15(1968) �� 1: Ord.
18(1966) § �?(b)}
5-1-4: DEI�OSITING WASTE�ne-r�Qini •
EXHIBIT
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The throwing, depositing, scattering by any person or the permitting by any person of the
throwing or scattering of any waste or other material of any kind upon any sidewalk, stireet,
alley, public p��ssageway, public park, open area or upon any private property within the town
shall be deemed a public nuisance. (Ord. 18(1966) § 2(c))
5-1-5: ABATEMENT OF MOUNTAIN PINE BEETLE2�:
(Rep. by Ord. 23(2007) § 1)
5-1-6: NOXIOUS WEEDS:
A. Plants List��d: A!I plants declared n�oxious weeds pursuant to the town of Vail weed
management plan, which shail be annually reviewed and updated in compliance with the
Colorado Revised Statutes, section 35-5.5-101 et seq., "the Colorada noxious wee:d act".
B. Declarafion Of Nuisance: Any and all plants designated no:�cious weeds by the towr� are
declared to be a public nuisance. �Such action may be takE�n as is available for nui:sance
abatement under the laws of this :>tate and the town, and ��s town council, in their ;�ole
discretion, deem necessary.
C. Removal (�f Noxious Weeds Required By Property Owner: Properry owners within the
town shall be responsible for the E�limination of noxious weeds from their property within
ninety (9C�) days of the effective d��te hereof. Such remova�l shall be accomplished in an
ecologically feasible and environmentally safe manner in ��ccordance with a11 appliicable
laws, ordinances, rules and regul��tions.
D. Enforcem��ni: The town shall have the right to enter upon <�ny premises, land, or p!'ace,
whether ��ublic or private, during reasonable business hours or upon proper notice� for the
purpose of inspecting for the existence of noxious weeds, and shall have the right to
propose, impiement or enforce the management of noxious weeds upon such lan��s in
accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108�.5 and
109.
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E. Advisory Board: The Vail town council shall be the locai ad`�isory board for all state and
local noxious weed statutes, ordinances and regulations. l"he mayor shall be the c!nair
and the mayor pro tem shall be the secretary. A majority of the members of the bo<�rd
shall constiiute a quorum.
F. Penalty: Vi�olation of this section shall be subject to penalty as provided in section 1-4-1 of
this code, in addition to any other remedies provided herein or allowed by ordinanc:e, law,
rufe, or re��ulation. (Ord. 6(2004) �� i: 1997 Code: Ord. 19(1993) § 1}
5-1-7: N41��E PROHlBITED:
A. Prohibited Aci: The making and cr��ating of an excessive or an unusually loud nois�� at
any location within the town heardl and measured in a manner hereinafter set forth, shall
be unlawful, except when made under and in compliance �with a permit issued pur:�uant
to subsection E of this section.
B. Definition: An "excessive or unusually loud noise" shall be defined as follows:
1. Noise c�f any duration which ex�ceeds the allowable noi;�e limit for the zone in which the
noise source is located by fiftee�n (15) decibels.
2. A noisE;, one minute or more in duration out of any ten {:10) minute period, which
exceed�s the allowable noise limit for the zone in which'�the noise source is located by
ten (10) decibels.
3. A noisE; of five (5) minutes in d�lration and a total of five� (5) minutes out of any ten (10}
minute period, which exceeds the allowable noise limit for the zone in which the� noise
source is lacated by three (3) decibels.
C. Sound ME,asurement Standard: F�or the purpose of determining and classifying any noise
as excessive or unusually loud a:� declared to be unlawful and prohibited by this ;>ection,
the noise� shall be measured on a� decibel or sound level rneter of standard desigr� and
quality operated on the A weighting scaie.
1. If the rioise source is located on private property, the noise shall be measured �at or
beyond the property line of the property on which the noise source is located.
2. If the rioise source is located c�n public property, the naise shall be measured n�o closer
than tE�n feet (10') from the noi,�e source.
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D. Allowable Limits: The following shall be the allowable noise limits for the time periods and
zones specified:
_..�,:. . . _
Zoning C)esignation
Of PropE�rty On
Which Source Of
Noise Is Located
All residf:ntial zones
excepting HDMF
Commer•ciai plus HDMF
Industria�l service zones
Ma;Kimum Number Of
Decibels Permitted From
7:00 ,A.M. To 11:00 P.M.
55 decibels
65 decibels
80 decibels
IVlaximum Number Of
Df�cibels Permitted From
,j1:00 P.M. To 7:00 A.M.
50 decibels
60 decibels
75 decibels
E. Permit To 1=xceed Limits: Applications for a specified permit to exceed noise level
designate�� in this section may be made to the town manac�er or duly authorized
represeni<�tive. The town manager or duly authorized repr�:sentative may grant the: relief
as appliecl for if he/she finds the fc�llowing:
1. That ad!ditional time is necessary for the applicant to alt��r or modify such activifi/ or
operation to comply with this section.
2. The aci:ivity, operation or noise source wifl be of tempor�ary duration, and cannoi: be
done in a manner that wilf com��fy with subsection A of tlhis section.
3. That nc► other reasonable altern�ative is available to the �applicant.
4. That th�e permit is necessary for the communiry's cultur��l, historical or social beinefi#.
The tov+m manager may prescribe any conditions or req�uirements deemed nece�ssary
to minirnize adverse effects upc�n the community or the surrounding neighborhood,
includin�g, but not limited to, spe�cific times or functions c�f the noise on location c�f the
noise s��urce. Any permit grante�d by the town manager under this section shall contain
all concfitions upon which the pE�rmit has been granted and shall specify a reasc�nable
time th��t the permit shall be effE;ctive.
F. Exceptions: The maximum permissible noise limits for the i:imes and zones specifiE�d in
subsection D of this section shall not apply to sound emitted from the following:
1. Any authorized emergency veh�icle when responding to an emergency call or acting in
time of an emergency;
2. Activiti�es of a temporary duratic�n permitted by law and for which a license or pE�rmit
therefor has been granted by the town, including, but n��t limited to, parades and
fireworks displays;
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3. Any coi�struction equipment op��rated upon a residential, commercial, industrial, or
public ��remises dur�ng the time period between seven a'clock {7:00) A.M. and s��ven
o'clock (7:00) P.M.; provided, hc�wever, that the operation of the construction eq�aipment
during the hours of seven o'cloc;k (7:00) A.M. and seven o'clock (7:00) P.M. shal! not
exceed ninery (90) decibels;
4. Any sn��wmaking equipment;
5. Any mc�tor vehicles designated for and operated on the public streets, alleys, hi��hways
or freevvays;
6. The so�,�nds of any permitted bE:lls or chimes or the amK�lified reproductions of tP�e
sounds of any bells or chimes ��layed between the hour;s of eight o'clock (8:00) i�.M. to
seven c�'clock (7:00) P.M., provi��ed that said sounds shall nat exceed eighty (80)
decibel;s.
G. Motor Veh�icle Noise:
1. Type O�f Vehicle; Time Period: f`o person shall operate nor shall the owner permit the
operation of any motor vehicle ��r combination of motor vehicles at any time or ��lace
when such operation exceeds the following noise levels for the category of motor
vehicle and for the designated time period specified in tlhe tab(e set forth befow. The
standards set forth in this table shall apply to all noise emitted from motor vehicl'es
includir�g any and all equipment thereon, under any conditivns of acceleration,
deceleration, idle, greater load, and whether or not in motion. Maximum allowak�le
noise le�vels for motor vehicles ;shall be as follows:
TYpe 01` Vehicle
Vehicle;s weighing less
than 10,000 pounds,
manufacturer's gross
vehicle weight
Vehicles weighing
more ih�an 10,000
pounds, manufacturer's
gross vehicle weight
Time I'eriod
Any time
Maximum Allowable
Noise Levels
80 decibel;>
Any time � 90 decibel;; y
I �
i j
,
__._ _ _.__..._.... .. � .. _. ._.. ......__...�.._..__..._.s
Measurement
Distance
From Vehicle
25 feet
25 feet
2. Exhaust Muffler3: It is unlawful for any person to drive c�r move or for the ownei� of any
mator vehicle to permit to be driven or moved, any mot�or vehicle or combination of
motor vehicles at any time whic;h is not equipped with 2�n exhaust muffler. It is unlawful
for any person or for the owner� of any motor vehicle to change or modify the e�;haust
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muffler, air intake muffler, or any other souiid reducing d�evice in such a manner i:hat
the noise emitted from the moto�r vehicle: a) exceeds the noise levels as established in
the maximum allowable noise level table for motor vehicles, or b) is increased a��ove
the sourid pressure level of the vehicle as originally manufactured.
3. Idling Engines:
a. It shall be unlawful for any person to idle or permit the idling of the engine of a.ny
bus, truck, or ai�y motor vehicle of any kind whatsoevE;r, for a period of time in
exces�s of twenty (20) minute�� within the town limits.
b. Notwiithstanding subsection Ca3a of this section, it shal! be unlawful for any person to
permit any idling whatsoever ��f the engine of any unattended bus, truck or an!� motor
vehicle, except for refrigeration vehicfes, within the Lic�nshead mixed use 1,
Lionshead mixed use 2, comrnercial core 1 or the commercial core 2 zone districts of
the town.
H. Amplified :�ounds:
Purpos��: The town council enacts this legislation for the� purpose of securing and
promoting the public comfort, s��fety, and welfare of its citizenry. While recognizing that
certain �uses of sound amplifying equipment are protectE:d by the constitutional rights of
freedom ofi speech and assembly, the council neverthelf;ss feels obligated to
reason��bly regulate the use of sound amplifying equiprrient in order to protect tr�e
correlative constitutional rights c�f the citizens of this community to privacy and freedom
from public nuisance and loud �ind unnecessary noise.
2. Prohibi�tion And Regulation: It shall be unlawful fior any ��erson other than the pe�rsonnel
of law e�nforcement or governm�antal agencies to install, use, or operate within the town
a loudspeaker or sound amplifying equipment in a fixed or movable position or
mounted upon any sound truck for the purposes of givir�g instructions, direction:�, talks,
addres��es, lectures, or transmil: or project music to any person or assemblage c�f
person:� in or upon any public street, al(eys, sidewalks, �park or place, or public
properfiy, except when instal(ed„ used, or operated in compliance with the following
provisicros:
a. In ali residential zones, no sc>und amplifying equipme�nt shall be ir�stalled, opE�rated
or used for commercial purposes at any time.
b. The �operation or use of sour�d amplifying for noncommercial purposes in all
residential zones and within ��ne hundred feet (100') t:hereof, except when us�sd for
regularfy scheduled operativf� functions by any schoc�l or for the usual and customary
purp+�ses of any church is pr��hibited between the ho�ars of four thirty o'clock (4:30)
P.M. and nine o'clock (9:00} �q.M. of the following day.
c. At the Gerald R. Ford Amphitheater located within G+:rald R. Ford park, the
oper�ation or use of sound amplifying equipment for commercial purposes is
prohibited between the hour;; of twelve o'clock (12:0()) midnight and eight o'ciock
(8:0()) A.M. of the following day.
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d. In ali other zones, except such portions thereof as ma.y be included within one:
hundred feet (100') of any residential zone, the operation or use of sound am��lifying
equipment for commercial purposes is prohibited bet�n�een the hours of ten o'clock
(10:Oi�} P.M. and eight o'clock (8:00} A.M. of the follo�nring day on Sunday thro�.�gh
Thurs;day, and between the hc�urs of eleven o'clock (11:00) P.M. and eight o`cl��ck
(8:00;! A.M. of the following d��y on Friday and Saturd��y.
e. In all other zones, except such portions thereof as may be included within one�
hundred feet (100') of any residential zone, the operation or use of sound amplifying
equipment for noncommercial purposes is prohibited between the hours of ter�
o'cloc:k (10:00) P.M. and seven o'clock (7:00} A.M. of 1:he following day. The or�ly
sounc�s permitted shall be eitP�er music, human speech, or both.
The �;ound emanating from sc�und amplifying equipmE�nt shall be limited in volume
and intensity for the times suc;h sound is permitted by subsection H2 of this sE:ction
shall be as sei forth in subsec;tion D of this section. In no event, shall the sourid be �
loud ��nd raucous or unreasor�ably jarring, disturbing, annoying, or a nuisance to
reasc►nable persons of normal sensitivity within the ar�ea of audibility.
3. Permit Required: It shalf be unl��wful for any person, bu.�iness or corporation to operate
sound amplifying equipment in ,�ccordance with this chapter without first obtaining a
permit from the town. Application for such permits will b�� on forms provided by the
town. The following information shall be provided by the applicant:
a. Name, address and telephone number;
b. The ��lace or places the appiicant �vill be playing amplified sound;
c. The c�ates and times the applicant will be playing amplified sound.
All pE�rmits shall be valid for a period of one calendar year.
I. Appeal: Appeal of any action of the town manager or duly a�uthorized representativE�
pursuant to subsections E and H of this section, denying the issuance of a permit to
exceed tf �e noise levef or to play ��mplified sounds, may be filed within thirty (30) clays
following such action with the town council which shall he��r said appea! in accordance
with iis rules of procedure. The to�vn cfluncil rnay confirm, reverse or modify the actions
of the tov�m manager or his/her duly authorized represent��tive.
J. Penalty: Any person, partnership, ,association, or corporati��n convicted of a violatic�n of
any provision of this section shall be subject to penalty as� provided in section 1=4•-1 of
this code.
K. Four Day Limit:
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1. Any per�son wishing to play "amplified sounds" as defined in subsection H of this
section during any period not to exceed four (4) consecutive days shall not be required
to provic�e the infori�ation set forth in subsection H3 of this section in such person's
application.
2. Upon tr�e receipt of an applicatian to play amplified sour�d during any period not to
exceed four (4) consecutive days, the town manager, wi�thout the necessity of a public
hearing, shall either grant or der�y the application after a�nsideration of all the relevant
factors. Before the town managf:r shall grant any such application, the town mar�ager
shall be required to make the fir�dings set forth in subsec;tion E4 of this section. (Ord.
14(200 i') § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. y 5(1988) F; 1:
Ord. 26�;1984) § 1: Ord. 32(198�?) § 1: Ord. 1(1981) § 1)
5-1-8: MUFFLERS4:
The operatior� of a motor vehicle within the town which is not ��t all times equipped witlh a
muffler in goad working order upon the exhaust thereof and in constant operation to prevent
excessive or �unusual noise, or the use, by any person operating a motor vehicle within the
town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a piablic
nuisance. (Or�d. 18(1966) § 2(e))
5-1-9: !CE �4ND SNOW OVERHANGS AND ACCUNiULATIONS:
A. Located Over Public Property Or VVays: No owner, occupant or manager of any re�il
property c�r improvement thereon ,,hall allaw or permit ice +�r snow to project or ovE�rhang
from any roof, ledge or other part of the structure or buildir�g owned, managed or
occupied by such person where tYie projection or overhanc� constitutes a hazard ai�
reasonable possibility that the ice or snow projection or overhang (or water resulting
therefrom) might fall, collapse or clrop onto any sidewalk, street, alley, pubfic way, park or
any other publicly used way.
B. Accumulat:ions On Buildings: No owner, occupant or manager of any real property or
improvement thereon shall al(ow or permit ice or snow to ��ccumulate on the roof c�r any
other part of the structure or buildiing owned, occupied or managed by him or her where
the accumulated ice or snow con��tiiutes a hazard or reasc�nable possibility of sliding off
the building onto any sidewalk, street, alley, public way, p��rk or any other publicly used
way. (Ord. 9(1978) § 1 }
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5-1-10: ICE, SNOW AND OBSTRUCTIONS ON SIDE:WALKS:
A. Duty To Clf�ar Sidewalks: It shall bE� the duty of every owne�� or occupant of any lot,
property, c�r parcel of land within tr�e town, or hismer agent„ to keep the sidewalks in the
public right of way on or adjacent to such iot or parcel of land, free and clear of anci from
snow, ice, mud, and all other obstruciions. It is unlawful to tail to keep the sidewalks free
and clear ��# snow, ice, mud, and a.11 other obstructions. Snc�w, ice, mud, and other
obstructions cleared from sidewal�cs shall not be deposited in public streets or alle}�s.
B. Notice To F3esponsible Person: If tr�e town manager or his/her designee finds that 2�ny
portion of a sidewalk has not beer� cleared of snow, ice, m�ad, and other obstructions as
required by subsection A of this sE�ction and that a hazardc�us condition exists, the town
manager c�r designee shall notity the owner or manager of any property, the IesseE;
leasing the premises or any adult occupant of a single-farr�ily dwelling that such pe:rson
must remc�ve the snow within twer�ty four (24} hours. Notice under this subsection is
sufficient if hand delivered or tele�>honed to the owner, manager, lessee, or occup��nt.
C. Town Abai;ement For Noncompliarice: If the persan so notiified fails to remove the :>now as
required t�y the notice set forth in subsection B of this section, the town manager c�r
his/her designee may cause the snow removal to be done to meet the requirements of
this sectic�n and charge the cost tP�ereof, plus an additional amaunt up to finrenty fi�ie
dollars ($?5.00) for administrative costs to the person so r�otified.
D. Lien: Ifi an�y person fails or refuses to pay any charge imposed under this section, the town
manager may, in addition to takin�� other collection remedies, certify due and unp�iid
charges t�� the Eagle County treasurer for collection. (Ord„ 3(1992) § 1: Ord. 1(19E38) § 1:
Ord. 18(1996) § 2(g))
5-1-11: CO�NSTRUCTlON WOF�K LiGHT1NG:
The purpose of this section is to minimize the possible negative efifects of construction work
lighting on adjacent properties within the town.
A. All artifici��l light sources operated for the purpose of illuminating construction wor�c
activities shall be directed intern��lly to the development site toward the specific
construct:ion tivork area or on site objects intended to be itluminated. Any artificial light
sources operating between suns��t and sunrise for the purpose of illuminating
construci:ion work activities direct:ed at an adjacent property or public way within the town
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shall be dE�emed a public nuisance.
B. All artificial light sources operated for the purpose of ilfuminating construction work
activities shall cease operation onc;e the associated construction activities have ce,�sed.
Any artificial light source operating between sunset and sunrise for the purpose of
illuminatin!� construction work acti��ities that remains in ope�ration after the associated
construction activities have ceased shall be deemed a public nuisance.
C. This section shall not apply to lighting required for identifyir�g hazards ar illuminating road
constructian.
D. This section shall noi apply to any outdoor lighting otherwis�e rsgulated by section
14-10-7, "iJutdoor Lighting", of thi:� code. {Ord. 4(2009) § 1)
5-1-12: CRI=ATION OF NUISANICE PROHIBITED:
No person shall perform any act or ac:ts constituting a nuisanc;e under sections 5-1-2 t:hrough
5-1-1 t of this chapter nor shall any pe�rson create, keep, maintain, or allow or cause tc� be
created, kept, maintained or to exist a.ny nuisance set forth in sections 5-1-2 through Ei-1-11
of this chapter within the town. (4;d. 4{2009) § 1)
5-1-13: INVESTIGATION; ABA1fEMENT NOTICE:
The town council or any person specifically authorized by the council shall investigate into
every public r�uisance within the town, and the town council shall have the power to d�°liver a
request for ak�atement to any person in control of any public nuisance. Any request fo�r
abatement dE�fivered by the town council shall be in writing and shall state the nature +�f the
nuisance or r�uisances which are to be abated and shall specffy a reasonable time within
which such n�uisance or nuisances ar�� to be abated. It is the duty of any person in control of
any public nuisance within the town tc� abate the nuisance upon receiving a requesi fc►r
abatement from the town council within the time specified in the request. (Ord. 4(200�3) § 1)
5-7-14: AB.ATEMENT PROCED�URE:
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In addition to or in piace of proceeding under section 5-1-13 of this chapter against any
person who is believed to have violatE�d or to be v�olating any of the provisions of this
chapter, ihe i��wn council may direct the town attorney to brinq an action in the municipal
court for the town to abate and restraGn any nuisance set forth in sections 5-1-2 through
5-1-11 of this chapter within the town; provided, that any action to abate and restrain ��ny
such nuisance shall operate as a bar to any subsequent proceedings under section 5�-1-13 of
this chapter f+�r the violation of any of the provisions of this chapter where the violatior�
occurred prior #o the action to abate c�r restrain the nuisance, and no testimony given by the
defendant at any hearing in an action to abate or restrain ihe nuisance shall be admissible
against such person in any proceedir�g under section 5-1-13 c�f this chapter instituted for any
violation of the provisions of this chaK,ter occurring subsequent to the hearing. (Ord. 4(2009)
§ 1)
5-1-15: CI�►1L REMEDY NOT PI�ECLUDED:
No provision of this chapter shall be ronstrued as prohibiting any private person from
bringing any action, seeking any remedy or taking any step w�ith respect to any nuisance set
forth in sectic�ns 5- t-2 through 5-1-11, of this chapter as that ��erson may be authorized or
permitted to I�ring, seek, or take undE;r state law. (Ord. 4(200!a) § 1)
5-1-16: VI()LATIOf�; PENALTY�:
Any person c,onvicted of violating arr� of the provisions of this chapter shal! be punisi��ed as
provided in s;ection 1-4-1 of this code�; provided, that each separate act in vioiation of the
provisions oi this chapter, or each an�d every day or portion tP�ereof during which any
separate act in violation of this chapter is committed, continued, or permitted, shall be
deemed a sE;parate offense. (Ord. 4(2009) § 1)
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t�hapte� 12
E:.NVIR�NIUIENiTAL IMPACi REPORT'S
12-12-1: PURPOSE:
Submission and review of an environrnental impact report on ��ny private development
proposal or public project which may <�ffect to any significant degree the quality of the
enuironment in the town or in surroun��ing areas is required to achieve the following
objectives:
A. Availability Of Information: To ensure that compleie informa.tion on the environmental
effects of t:he proposed project is ��vailable to the town cou�ncil, the planning and
environmE�ntal commission, and the general public.
B. Environmental Protection A Criteric�n: To ensure that long tEarm protection of the
environmE�nt is a guiding criterion in project planning, and i:hat land use and develc�pment
decisions, both public and private, take into account the relative merits of possible
alternative� acfions.
C. Review Ar�d Evaivation Procedure: To provide procedures for focal review and evalluation
of the environmental effects of pro�posed projects prior to cGran#ing of permits or oih�er
authorizatians for commencement: of development,
D. Avoid Geologic Hazard Areas: To ensure that buildings are not constructed in geol��gic
hazard ar��as, by way of illustratio�n, floodplains, avalanchE: paths, rockfall areas, where
such hazard cannot practically be mitiga#ed to the satisfaction of the pianning and
environmE�ntal commission and the town council.
E. Protect W��ter Quality: To ensure that the quality af surface water and ground wate�� within
the town �Nill be protected from adverse impacts and/or degradation due to constrt�ction
activities. {Ord. 29(20Q5) § 31: �rd. 37(1980) § 10: Ord. 19(1976} § 14: Ord. 8(19�73)
§ 16.100)
12-12-2: AIPPLICABILITY:
EXHIBiT
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An environmE�ntai impact reporl shafl �e submitted to the administrator for any project for
which such a report is required by federal or state la�v, or for any project which the
administrator determines may significantly change the enviroriment, either during
construction or on a continuing f�asis, in or�e or rnore of the following respects:
A. Alters an ecological unit or land form, such as a ridgeline, :�addle, draw, ravine, hiifside,
cliff, slope, creek, marsh, watercourse, or other natural landform feature.
B. Directly or indirectly affects a vrildlife habitak, feeding, or ns�sting ground.
C. Alters or rE�moves native grasses, trees, shrubs, or other v��getative cover.
D. Affects thE� appearance or charact�ar of a significant scenic area or resource, or invalves
buildings or other structures that ��re of a size, bulk, or sc��ie that woufd be in marH:ed
contrast t�� natural or existing urb��n features.
E. Potentially� results in avalanche, landslide, siltation, settlement, flood, or other land form
change o�r hazard to health and s,�fety.
F. Discharge;s toxic or thermal{y abnormal substances, or invc�lves use of herbicides c�r
pesticide��, or emits smoke, gas, steam, dust, or other particulate matter.
G. Involves �iny process which results in odor that may be o��jectionable or damaginc�. �
H. Requires any waste treatment, cooling, or settlement pond, or requires iransportaition of
so(id or li�quid wastes to a treatmE�nt or disposal site.
!. Discharges significant volumes of :solid or liquid wastes.
J. Has the p��tential to strain the capacity of existing or planned sewage disposal, stc�rm
drainage, or other utiiity systems.
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K. involves ar�y process ���hich generates noise that may be ofi#�nsive or damaging.
L, Either displaces significant number:; of people or results in <� significant increase in
population.
M. Preempts �� site with potential recrE�ational or open space value.
N. Alters local traffic patterns or causc�s a significant increase in traffic volume or transit
service needs.
O. Is a part of a larger pro}ect which, ��t any future stage, may involve any of the impac:ts
listed in this section. (Ord. 29(200�i) § 31: Ord. 8(1973) § 16.200)
12-12-3: E�;EMPT PROJECTS:
An environme�ntal impact report shall not be required for the falfowing prajects:
A. Alteration, repair and mainter�ance of existing structures and site improvements.
B. A phase ofi a project for which �n environmental impact report previously was subrr�itted
and revieuved covering the enfire project, provided that the project was approved a.nd not
subsequently altered.
C. A project v+rhich, on the basis of a��reliminary environment��l assessment covering ��ach of
the factor:� prescribed in section 12�12-2 of this chapter is found to have an insignificant
impact on the environment. The preliminary environmenta1 assessment and the fir�ding
on environmental impact shall be made by the administrator. (Ord. 29(2005) § 31: Ord.
8(1973) § i 6.300)
12-12-4: S1fUDIES AND DATA i�EQUIRED:
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A. Range Ot Studies: The environ�r�entai impact reqort shall ��e based on systematic :>tudies
conducteci by the town staff or by professional consultants, as determined by the
administr��tor. The environmental impact report on a public; project may be prepare�d by
the responsible public agency or k�y �rofessional consultar�ts it engages, The range of
studies nE;eded to develop the technical data for an environmental impact report ir�cludes
the followbng natural systems and other studies:
1. Hydrolc�gic conditions, such as surface drainage and w��tershed characteristics, ground
water and soil permeability characteristics, natural water features and characteristics,
and an5r potential changes or impacts.
2. AtmosK�heric condiiions, such as airshed characteristics�, potential emissions, artid any
potenti��l changes or impacts.
3. Geologic conditions, such as landforms, slope, soil chai�acteristics, potential ha:�ards,
and an}I potentiai changes or impacts.
4. Biotic conditions, such as vegetative characteristics, wildfife habitats, an� any potential
changes or impacts.
5. Other E�nvironmental conditions,, such as noise levels and odor characteristics, ��nd any
potenti��l changes or impacts.
6. Visual conditions, such as views and scenic values, and any potential changes,
impact��, or marked contrasts.
7. Land use conditions, such as characteristics of uses, cc�mpatibility with officially
approv��d land use and open space policies and objecti�des, and potentiai chanc�es or
impact;>.
8. Circulation and transportation c;onditions, such as volurnes and traffic flow patte�rns,
transit service needs, alternative transit systems, and potential changes or imp<�cts.
9. Popula.tion characteristics, sucl� as residential densitie.�, neighborhood pa#tems�,
potenti��l displacement of resiclE;nts or businesses, and potential changes or im��acts.
B. Summariz:ation: The environmental impact report shall surnmarize the findings anci
recommendations of the technicai and other supparting si:udies in terms that can I�e
assessecl and evaluated by to�vn officials and the general public. Technical data shalf be
submitted as supporting documer�tation. Technical data prepared as a part of any other
procedur�� or requirement of this rhapter, or of any other ordinance or federal, state or
town regulation, also may be used to support an environmenta! impact report. (Ord.
29(2005} § 31: Ord. 8(1973) § 16.40i)
12-12-5: REPORT CONTENTS�:
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Sterling Godifiers, Inc.
A. Informatior� And Analysis: The environmental impact reporf shall contain information and
analysis, iii sufficie►it detaii and adequately supported by tE�chnical studies, to enaC�le the
town council to judge the environrriental impact of the projE:ct and to judge measurE:s
proposed �to reduce or negate any harmful impacts.
B. General Statement; Descriptive M��terials: The environmen�tal impact report shall irn:,lude a
general st�atement, describing the proposed project and its purpose, identifying #he owner
and/or spc�nsors, and, if a public piroject, identifying the fiunding source and time
schedule. Descriptive materials, m�aps, and plans shall be submitted showing the
following information:
1. Project boundaries and boundaries of th2 area within which environmental impact is
likely to be significant.
2. Presenl: and proposed uses of the site.
3. Preseni: and proposed zoning of the site.
4. Quantit,ative information reiative� to the project, such as sife area, numbers of
resideni:ial units, proposed height and bulk of buildings, building floor area in square
feet, arnd such other data as will contribute to a clear unc�ers#anding of the scaie of the
project.
5. A list of regulatory or review agE:ncies and the specific regulations to which the project
will be :>ubject.
6. Copif�s of subdivision maps, ��evelapment plans, or dther pertinent document:s
illustrating the proposed project.
7. Proxim�ity to water bodies, the distance from the centerline of live creeks or stre,ams to
any proposed structural development within the project:
8. Soil ty��es based upon the Natic�nal Cooperative Soil Survey, USDA, Soil Conse�rvation
Service and interpretations of s�oil rypes, vegetation shail be described and thre�� (3)
masse�; shown.
C. EnvironmE;ntal lnventory: The environmental impact report shall include an enviror�mental
inventory, providing complete information on the environrr�ental setting exisiing prior to
the proposed project and containing sufficient information to permit independent
evaluatioi� by reviewers of factors that could be affected by the proposed project. The
environmental inventory sha11 include maps, photographs, or other appropriate illustrative
material.
D. Categorized By Impact Type: Are<�s categorized according to type of possible imp�act shall
s oe s
Sterling Codifiers, Ir.c.
be identifiE:d. The environmental iriventcry shaii describe both the physicaf and biological
naturaf se�tting, and the manmade settir;g of the site and it�� surroundings.
E. Analysis: The environmental impac;t report shall include a comprehensive, qualitaiive and
quantitative analysis of any signifi��ant impact that the pro��osed project will have on the
environmE�nt. The analysis shall dsscribe temporary effect:> that will prevail during
constructi��n, and long term e#fect;> that will prevail after compietion. The analysis s�hall
describe r�oth beneficial effects and detrimental effects. Th�e analysis shall consider
primary effects and secondary effE;cts which will result from the project. The analy:�is
portion of the environmental impact report shall fully asses;s the following items:
1. Advers�� effects which cannot be avoided if fhe proposal is implemented.
2. Mitigaii��n measures proposed 1:o minimize the impact, including water quality, erosion
control and revegetation measures.
3. Possible alternatives to the pro�posed action.
4. Relationships between short te�rm and long term uses of the environment.
5. Irrever:�ible environmental char�ges resulting from imple�mentation of the proposal.
6. Growth inducing impacts of the project. (Ord. 29(2005) § 31: Ord. 37(1980) § i(?: Ord.
8{1973;1 § 16.402)
12-12-fi: RIEPOHT; AUUITION�►L MATERIAL:
The administ:rator may further prescribe the form and content of an environmental impact
report, settirn� forth in greater detail the factors to be considered and the manner in which the
report shall ��e prepared, and may require submission of information in addition to th��t
required by �>ection i 2-12-5 of this cP�apter. {Ord. 29(2005) § 31: Ord. 8{1973) § 16.4��3)
12-12-7: TIfME SCHE�ULE:
The environrnental impact report required under this chapter shall be prepared withir� thirty
(30) days of the date that plans are ;>ubmitted for design review as prescribed in seci:ions
12-12-4 through 12-12-6 of this chaK►ter, subject to extension of the time period to a
maximum of ninery (90) days by the planning and environmental commission. The tirne
period may be extended to a maxima.�m of one hundred eighty (180) days if seasonal
conditions p�revent a comprehensive analysis. (Ord. 29(2005) § 31: Ord. 16(1978) §,?(a):
Ord. 8(1973) § 16.4Q�)
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Sterling Codificrs, lnc.
12-12-8: FE,E:
In the event tP�at the town engages prc�fessional consultants to prepare an environmer�tai
impact report, the cost shall be paid by the sponsor of the project. The sponsor may b��
required to de�posit a fixed sum in adv�ance to cover the cost oi` the report, with the
unexpended k�alance returnable to the� sponsor. (Ord. 29(2005) § 31: Ord. 8(1973) § 16.405)
12-12-9: SUBMISSI�N OF REP�RT TO OFFICIAL��:
The environm�ental impact report shall be submitted to the adnninistrator. The administrator
shall prescrib�� the number of copies to be submitted. The adn�inistrator shall notify thE� town
council, the pllanning and environmen�tal commission, and the design review board of i•eceipt
of an environmental impact report, an�� shall transmit copies of the report upon reque:�t.
Environment�il impact reports shall be available for public revi�ew in the offices of the t��wn.
(Ord. 29(200:i) § 31: Ord. 8(1973) § 16.501 }
12-12-10: T'IME LIMli'; SUPPLE,MENTARY 1NFORMATION:
A. Time Limit: The planning and environmental commission shall review the report within
thirty (30) days of submission subject to an extension af the time period thirty (30)
additional days in order to obtain additional information from the town staff, from tF�e
sponsor of the project, o�� the auth��r of any portion of the r�epart.
B. Supplemei�tary Data: The commission may receive additional statements or suppo�rting
materials from the sponsor of a project, from the town staff, from professional
consuitants, or from others. Such additional materials may be considered as
supplementary or amendatory to the environmental impact report. (Ord. 29(2005} § 31:
Ord. 16(1978) § 2{b): �rd. 8(1973) § 16.502)
12-12-11: �'�CTlON BY C�IUIIViI;;SiON:
A. Criteria Fc>r Decision: Following revie�v of the environment��l impact report, the planning
and envinonmental commission shall approve, disapprove, or request changes in �the
project in writing. The planning an�d environmental commi:;sion shall approve the project
7of8
Sterling Ccxiificrs, lnc.
unless it finds that either the projert will have significa►it long term adverse effects �on the
environment with respect to the natural systems or other f�ictors studied as prescri'�bed in
section 12-12-4 of this chapter or t:he project 4vill have shor�t term adverse effects on the
environment so detrimental that public health, safety or welfare considerations prerlude
approval c�f the project. In the casE; of either finding, if char�ges in the project are feasible
which amE�lioraie or avoid the adverse effects on the envirc�nment sufficiently to permit
approval c>f the project, the plannir�g and environmental commission, in writing, sh��ll
describe those changes and request tf �ose changes be m��de. 1f the planning and
environm�;ntal commission deterrriires that the changes are not feasible, it shall
disapprov�e the project in writing, describing the adverse effects on the environmen�t, the
significanc;e of the effecfs either to the natural systems or other factors studied as
prescribeci in section 1?_-12-4 of this chapter or io the public heaith, safety or welfare and
the planni�ng and environmenta! cc�i�nmission's reasons �or concluding that no changes in
the project are feasible to amelior��te or avoid those effect:>.
B. Design Changes Require Resubmlission To Design Review Board: If the planning a.nd
environmE�ntal comrnission reque;�ts any changes in the project which would aiter 1the
design of the project previously aK>proved by the design review board, and the sponsor of
the project makes those changes, the revised design shall be resubmitted ta the design
�eview board for its approval unie:�s the planning and environmental commission v�raives
this requirement. (nrd. 29(2005) �� 31: Ord. 16(1978) § 2(t�): Ord. 8(1973) § 16.503)
12-12-12: F�ERMIT ISSUANCE:
A. Conformance To Environmental Impact Repor�: Upon approval of the project, applicable
permits m�ay be issued and the pr��ject may proceed, subjE�ct to such additional
requirements, permits, or authorizations as may be requirE�d by this title and by other
applicablE� ordinances or regulatio�ns of the town. No permits shall be issued and r�o
authorizaitions shall be granted which rrrould allow a projec,t to proceed in the ever�t that
the plann�ing and environmental c��mmission does rot grant approval of the
environm��ntal impact report after review. No permits shalf be issued and no
authoriza�tions shafl be granted for any project which does not conform substantially to
the description of the project contained in the enviranmental impact report.
B. Exception: This section shall noi a,p� ly to a project for whic;h an environmental impact
report is not req�aired, as prescrib�ed in section 12-12-3 of �his chapter. (Ord. 29(2C)05)
§ 31: Ord. 16(1978) § 2(b): Ord. �3;1973) § 16.504)
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Stcrling Codi(icrs, Inc.
12-4-2: PEA�MITTEn USES:
A. Listed Use:� Exclusive: The listir�g of any use as being a per�mitted use in any particular
zone distrirt shali be deei�ned an exclusion of such use frorn any other zone district
unless expressly permitted as a permitted use, conditional use or accessory use.
B. Prohibited if Nat Permitted: The permitted uses, conditional uses and accessory�us�ss in
the particular districts shal( be deemed to be exclusive useS for those districts, and any
use not sp�ecifirally �erm�tted as a permitted use is prohibited unless a determination of
similar use� is made in accordance with section 12-3-4 0# this title. (Ord. 29(2005) § 21:
�rd. 50(19�78) § 21)
EXHIBIT
� � �
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lofl
Ste�ling Codifiers,ltic.
12-3-4: DETERMINA�ION QF SIiU11LAR USE:
A. Uses Not Listed: In order to ens«re that the zoning regulatians will permit similar us�es in
certain prescribed commercial zon��s, the town council, on its initiative or upon writi:en
request, si��ali detarmine �vhether a use iiot specificaily listed as a permitted use shail be
deemed a permitted use or� the basis of similarity to uses specifically 4isted. The
procedure prescribed in this section shall not be substituted for the amendment
procedure as a means of adding nrw uses to the lists of permitted uses, but shall �>e
followed to determine whether the characterisiics of a partirular use nat listed are
sufficiently sirnilar to certain ciasses of permitted uses to justify a finding that the u:�e
shouid be deemed a p°rmitted use.
B. Review Us�� Characteristics: The administrator, upon requesf of the town council, or
written request of any person for a determination under this section, shall review fh�e
characteristics of any use propose�� to be determined as simiiar to permitted uses, and
shall transimit a report to the council advising in what respects the proposed ase wi�uld
be, in fact, similar to specified perrnitted uses in the same ;�one distr.i�ct, or in what
respects the propased use wou(d not be similar to permitted uses, or would be similar to
uses specifically permitted only in other zone districts: After receipt of the report, the
council may determine the proposE=d use to �e simiiar to uses specified as permittE,d
uses in the same zone district if it linds that the proposed �lse will not be substantially
different in its aperation or ather cPiaracteristics from uses specifically permitted in the
same zone district. The council sh,all state the basis fcr its determination, and the use
thereafter shall be deemed a perm�itted use sub}ect to ihe :�ame regulations as
specifically permitted uses in the same zone district. (Ord. 29(2005) § 19: Ord. 8(1973)
§ 21.200)
�XWIBIT
� �b
taft
c
TOWN OF 'VAII'�
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS� HEREBY GIVEN that the Planning and Environn�ental Commission of thE�
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on N9arch 26, 2012, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
An appeal, pursuant to Section 12-3-3, Appeals, Vail �Town Code, of the zoning
administrator's determination that �in appeal form sut�mitteci by the Vail Gateway Plaza
Condominium Association on Janu�ary 4, 2012, was untimelly, and therefore, can nc�t be
f 1$Ilaheard by the Planning and Environmental Commission. Thi:� determination was macie in
accordancE: with Section 12-3-3.3 of the Zoning Regulations of the Town of Vail. The
Vail Gatew�ay Plaza Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail
Village Filir�g 1.
Appellant: Vail Gateway Plaza Condominium Association, represented by Lan�sky,
Weigler, and Porter, P.C.
Staff: Matt Mire, Town Atto�rney
The applic��tions and information at►out the proposals are available for public inspectiion
during office hours at the Town of V'ail Community Development Department, 75 South
Frontage F;oad. The public is invited to attend site visits. Please call 970-479-2138 �for
additional information.
Sign language interpretation is available upon request, with 24-hour notification. Ple�ase
call 970-479-2356, Telephone for ti-ie Hearing Impaired, for information.
Published IMarch 9, 2012, in the Vail Daily.
rowN oFVai��
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 26, 2012
SUBJECT: A request for a recommendation to the Vail Town Council for amendments to the
Ford Park Management Plan, to allow for the construction of various
improvements at Ford Park (realignment of athletic fields, new restroom and
concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater
renovations, park entrance improvements, Betty Ford Alpine Garden welcome
center, streetscape improvements, etc.) located at 530, 540, and 580 South
Frontage Road East/Unplatted, and setting forth details in regard thereto.
(PEC120006)
Applicant: Town of Vail, represented by Braun Associates
Planner: Bill Gibson
SUMMARY
The purpose of this work session is to discuss the draft amendments to the Ford Park
Management Plan document. These amendments are intended to facilitate the future
construction of the various proposed capital improvements at the park. Final action on
the proposed management plan amendments and the associated conditional use permit
applications will be requested at a future public hearing.
The Community Development Department recommends the Planning and
Environmental Commission listens to the applicant's presentation, asks questions,
comments on the proposed amendments, and tables this item to the Commission's April
9, 2012, public hearing for further deliberation.
II. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is proposing amendments to the Ford Park Management
Plan. These amendments are intended to facilitate the construction of various capital
improvements at the park. The applicant is proposing amendments to update the
following sections of the Ford Park Management Plan:
• Introduction
• Section 1: Executive Summary
Town of Vail
• Section 2: Background of Ford Park
• Section 4: Purpose of the Management Plan
• Section 6: Illustrative Plan Components
• Section 8: Appendix
The proposed amendments to the Introduction, Executive Summary, Background, and
Purpose sections are intended to update this 15 year old master plan.
The proposed amendments to Section 6: Illustrative Plan Components include
reorganizing this section by topic, rather than by geographic location; identifying action
steps completed since the 1997 adoption of the Ford Park Management Plan; and
replacing the illustrative plan drawings.
Since the 1997 version of the Ford Park Management Plan is recorded in the Town's
archives, the applicant is proposing to delete the appendix section of the management
plan document.
The applicant is not proposing amendments to the following sections of the Ford Park
Management Plan:
• Section 3: Process of Developing the Management Plan
• Section 5: Goals, Policies, and Action Steps.
The proposed Ford Park improvements associated with this application are intended to
conform to the goals, policies, and action steps established by the 1997 adoption of the
Ford Park Management Plan.
A vicinity map and draft amendments to the Ford Park Management Plan have been
attached for review. The 1997 version of Ford Park Management Plan can be
downloaded in its entirety at the following link:
https://www.vailqov.com/docs/dl forms/ford park manaqement complete compressed.pdf
III. BACKGROUND
On March 5, 2012, the Planning and Environmental Commission held a work session at
which the applicant introduced the various proposed park improvements.
IV. DISCUSSION ITEMS
Staff and the applicant request that the Planning and Environmental Commission asks
questions and provides comments on the proposed management plan text and each of
the following elements of the proposed illustrative plan amendments:
1. Park storage/maintenance and restroom building
2. Outfield retaining wall
Town of Vail Page 2
3. Multi-purpose area/enlarged sports fields
4. Enhances landscape and pedestrian environment along Betty Ford Way
5. Outfield fencing
6. Improved plaza and Gerald R. Ford Amphitheater entry
7. Improved Gerald R. Ford Amphitheater restrooms
8. Improved Gerald R. Ford Amphitheater lawn seating
9. East GRFA restrooms
10. Walk to lower bench
11. North Betty Ford Alpine Gardens entry
12. Betty Ford Alpine Gardens Welcome Center
13. Overlook, walk and stair connection to lower bench
14. Outdoor seating area
15. Park Center — restrooms/concessions/information/weather shelter
16. Bus drop-off/park entry
17. Car drop-off
18. Parking/vehicle turnaround
19. East Betty Ford Way service/delivery drive with pedestrian overlook
20. Improved walk connection from parking lot
21. Expanded truck turnaround
22. Improved lower bench restrooms
23. Bus Shelter
24. Ford Family Tribute
25. Frontage Road parking
26. Enhanced landscape at park entry
27. Bleachers
28. Improved stream walk
29. Betty Ford Alpine Gardens expansion area
V. RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission listens to the applicant's presentation, asks questions,
comments on the proposed amendments, and tables this item to the Commission's April
9, 2012, public hearing for further deliberation.
VI. ATTACHMENTS
A. Vicinity Map
B. Proposed Amendments
Town of Vail Page 3
,
FORD PARK
(Unplafted Parce! �n Northeast Corner
of Secfion 8, Township 5, Range 80)
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This map v�s crea�etl by the Tov�n of Vail GIS Team. Use ot ihis insp :houl�l be f�r generel purposes only. The iovui of V l tloes not v�eman� �he scaracy ot�he information coMainetl herein.
(Hi�ere shov�n, parcel line v�ork is appraximateJ
Last Modified February 6, 2012 TOWII OF VAII
T:
AN UPDATE TO THE
FINAL REPORT
FORD PARK MANAGEMENT PLAN
An Amendment to the Ford Park Master Plan
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April 14, 1997
Updated March, 2012
New text added to the Plan is in "red"
Text deleted is in "�#�-+keet+�"
AN UPDATE TO THE
FINAL REPORT
FORD PARK MANAGEMENT PLAN
An Amendment to the Ford Park Master Plan
Prepare for:
Town of Vail
Department of Public Works
Department of Community Development
Administration Department
Prepared by:
Braun Associates, Inc.
AECOM
Zehren Associates, Inc.
Updated
March, 2012
Introduction
The Ford Park Management Plan herein presented is to serve as an amendment
to the 1985 Master Plan for Gerald R. Ford Park. The Ford Park Management
Plan contains eight sections. Sections 1- 4 introduce the plan: An executive
summary, a history and time line of Ford Park, a description of the management
plan process, and a statement of purpose of the management plan. Section 5 is
the heart of the management plan: a set of six management goals with
accompanying objectives, action steps, and policy statements to provide a
framework for future management decisions. Section 6 contains illustrative,
conceptual plans and written descriptions which support the various action steps.
A 5-Year Capital Improvements Program for Ford Park is presented in Section 7.
Section 8 is an appendix containing copies of pertinent legislative and legal
documents.
In 2012 the Ford Park Management Plan was updated to reflect a handful of
relatively minor refinements to improvements planned for the Park. Plans to
initiate improvements to the Park were prompted from funding made available by
Vail voters in granting the Town approval to re-allocating a portion of Convention
Center Funds to Ford Park, The other stakeholders in the Park are also
participating in the funding of these improvements.
The 2012 update continues the overall direction for the Park established by the
1997 Management Plan and in doing so maintains the role the Park has played
in the community for the past 30 years. The 2012 update makes no significant
changes to the activities that currently take place in the Park. By way of
example, all of the major uses in the Park — athletic fields, passive recreation, the
Gerald R. Ford Amphitheater, the Alpine Gardens and tennis remain in place.
There are no changes to the six major goal statements or to the related
objectives, policy statements and action steps outlined in the 1997 Plan.
Refinements to the Plan resulting from the 2012 update are limited to the
Illustrative Plan Component of the 1997 Management Plan. The Illustrative Plan
Components are conceptual site plan diagrams of improvements suggested for
the Park. Many of the park improvements identified by the 2012 Update will
implement improvements first identified in the 1997 Plan. These improvements
and new improvements not previously contemplated by the 1997 Plan are
outlined in Section 6.
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March 2012
Section 1: Executive Summary
The property which is today Gerald R. Ford Park was acquired by the town in
1973 in response to public reaction against a high density residential
development proposal. The 39 acre park site represented the last remaining
parcel of land central to use by all residents and visitors of the Vail Community.
The Vail Plan (1973) described the site as a major community park — cultural
center that would satisfy the town's growing recreational and cultural needs.
Development of the lower portion of the park was directed by the Gerald R. Ford/
Donovan Park Master Plan (1985). Strong public participation led to the
establishment of guidelines for the implementation of future improvements.
Upper area improvements, softball fields, tennis courts, and parking areas, were
constructed without the benefit of preplanning and subsequently created some
barriers to the lower bench, natural areas, and Nature Center.
The Vail Village Master Plan (1990) recommended the park be considered as a
site for additional skier parking to serve expansion on the eastern side of Vail
Mountain. It also recommended the construction of bike/pedestrian ways along
the South Frontage Road and Vail Valley Drive.
There are currently four main organizations involved in the operation of Ford
Park. The Town of Vail, Vail Recreation District, Alpine Garden Foundation, and
the Vail Valley Foundation all play distinct roles and manage separate portions of
the park. The Town of Vail is the owner of the park and manages the community
park, stream tract, and parking lot areas. The other three organizations each hold
a lease or license agreement to operate their respective facilities and programs
within the park.
A proposal by the Alpine Garden Foundation to construct an educational center
within the garden area was a significant impetus to the creation of this document.
However, several other formal and informal development expansion proposals
and numerous unresolved park management issues also existed. The Ford Park
Management Plan was created as a means to evaluate development proposals
in order to protect and enhance the character of the park.
The 1997 Plan was a direct product of strong public participation in focus groups
and public input sessions. One clear, concise message was conveyed to the
town staff from the public participants: Our role is steward to the park; don't
screw it up by over development. To that end, this Plan, serving as an
amendment to the 1985 Ford Park Master Plan, was intended to guide the
outcome of future development and improvement proposals through the
implementation of six major goals:
1. Preservation and protection
2. Reduction of vehicular intrusions
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3. Reduction of conflicts between venues
4. Resolution of parking and Frontage Road access problems
5. Improvement of pedestrian circulation
6. Delineation of financial responsibilities
Designed to be a framework for future management decisions, a series of
objectives, action steps and policy statements facilitate the implementation of
each goal statement.
The most recent motivation for initiating improvements to Ford Park evolved from
discussions of how to utilize the Town's Conference Center funding. In the Fall
of 2011 Vail voters overwhelmingly approved the re-allocation of the $9-plus
million Conference Center Funds by an 87 percent margin. As endorsed by the
voters, a portion of these funds was to provide funding for improvements to Ford
Park, specifically improvements to the Ford Amphitheater, the Alpine Gardens,
park-wide pedestrian flow, as well as expansion of the athletic fields and
restroom improvements at the Ford Park athletic complex.
As a part of this process the 1997 Management Plan was one of the
considerations used to define improvements both necessary and appropriate for
the Park. Improvements contemplated for the Park are consistent with the
goals, objectives, policies and action steps of the 1997 Plan. However, some
improvements were new ideas and necessitated some clarification to the
Illustrative Site Plan concepts depicted in the 1997 Plan. In response to this the
2012 Update to the Ford Park Management Plan was prepared.
Ford Park Stakeholders
The Town of Vail is the land owner of Ford Park and plays an active role in the
management and operation of the Park. The Town also has lease or other
agreements with three other entities that manage and maintain facilities in the
Park:
• The Vail Recreation District,
• The Betty Ford Alpine Gardens, and
• The Vail Valley Foundation.
Collectively the Town and the Ford Park stakeholders have been working
collaboratively on the preparation of improvement plans for the Park and to
varying degrees each of the stakeholders are collaborating with the Town by
participating in the funding of their respective improvements
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Section 2: Backqround of Ford Park
History
Gerald R. Ford Park has been the subject of numerous legislative and
community planning actions over the last 24 years. The time line at the end of
this section illustrates the relationship between the actions discussed in this
section.
The Ford Park site was acquired by the Town of Vail in April of 1973 for the
stated purpose of improving the quality of life in the community. This 39 acre park
site represented the last remaining parcel of land central to use by all residents
and visitors of the Vail community. The existing conditions plan, which follows
this section, illustrates Ford Park in its current condition.
Ordinance No. 6, Series of 1973, signed April 3, 1973, (a copy of which is
included in the Appendix), authorized the purchase (by condemnation) of the
property known as the Antholz Ranch. The ordinance listed a variety of possible
uses for the property including the following:
• for park and greenbelt purposes,
• to preserve the natural and physical character of the area to be
condemned,
• for bicycle, equestrian and hiking trails,
• for children's playground,
• for performing arts and civic center,
• for a ski lift and related facilities,
• for picnic areas,
• for recreational facilities such as tennis courts, swimming pools,
gymnasium, ice skating rink,
• for theater and assembly halls, convention center, public schools,
• for possible exchange or trade of condemned land, or a portion thereof,
with other property which may exactly meet the needs of the town, and
• to construct and maintain water works, transportation systems, and other
public utilities relating to public health, safety, and welfare.
In August of 1973, the Vail Plan was completed. This plan was designed to
control the growth and development of the community and contained a chapter
on the town recreation system. The Antholz Ranch property was mentioned as
the only site satisfying the recreation use anticipated. In the Vail Plan the uses
intended for the property were further defined. The uses listed include a place for
showing and creating art, crafts, etc.; an indoor theater as well as an 800 seat
outdoor amphitheater; meeting rooms and community workshops; wide outdoor
terraces and natural landscapes; indoor ice arena, tennis and handball courts;
children's play facilities and space for family activities; headquarters for the
Annual Vail Symposium and local television; and a possible location for an
ecologium (nature center). The property was described as a major community
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park-cultural center. The plan called for 200 surFace parking spaces and direct
service from the town bus system. Major parking needs were to be
accommodated in the Vail Transportation Center with various trails and bikeways
connecting to the park.
In January of 1977, Resolution No. 1, Series of 1977, was passed naming the
property commonly known as the Antholz Ranch as Gerald R. Ford Park in
appreciation of President Ford's contributions to the community. Resolution No.
1, Series of 1977 is included in the Appendix.
In August of 1985 the Gerald R. Ford Park and Donovan Park Master Plan
Development Final Report was completed. The Ford Park Master Plan was
adopted by Council with Resolution No. 19, Series of 1985, which is included in
the Appendix. The purpose of the master plan was to guide the future
development of these parks and establish guidelines for the implementation of
improvements. The master planning project used a Recreation Needs Analysis
Survey and involvement of the public in determining the recreation priorities of
the community and the design concepts and criteria for the two park sites. The
Ford Park master plan proposed a swimming pool complex, neighborhood park
improvements, a skating rink on the lower bench, and the realignment of the
eastern softball field. The neighborhood park open space area, playground, and
access road were the only portions of the master plan actually constructed.
The first major structure to be constructed in the park, the Gerald R. Ford
Amphitheater, was completed in July of 1987. The Parking and Transit Study
completed in April of 1979 for the Amphitheater made five recommendations:
The Village Structure should be considered the major parking facility for Ford
Park, with improvements to the signs, sidewalks, and bus service being
necessary; extend shuttle bus service to the soccer field; disallow Frontage Road
parking; construct a vehicle turn-around and passenger unloading area at Ford
Park; and do not schedule concurrent events.
Resolution No. 27, Series of 1987, was passed on November 3, 1987. Resolution
27 designated the seven acres around the Nature Center as an area to be
preserved as an example of the Gore Valley's natural history. Vehicular traffic
was restricted and certain policies and procedures for preservation and
maintenance of the grounds and facilities were established with the resolution. A
copy of resolution No. 27, Series of 1987, is included in the Appendix.
Development of the community park portion on the lower bench of Ford Park
included the restroom, playground area, open turf area and picnic facilities, and
the west access road. These improvements were completed in November of
1988.
In December of 1988, the Vail Metropolitan Recreation District (Now the Vail
Recreation District) and the Town of Vail, requested an amendment to the 1985
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Ford Park Master Plan. The two phase amendment was adopted by Council as
Resolution No. 44, Series of 1988. A copy of the resolution is included in the
appendix. Phase one of the amendment was to utilize the on-site tennis courts
and allow the construction of four additional courts. Phase two of the amendment
changed the proposed location of the Aquatic Facility to the eastern softball field.
Funding of the Aquatic Facility was rejected by voters in a special election on
February 6, 1989. Vail Town Council was presented with a petition to delete all
reference to an aquatics center from the Ford Park Master Plan in April of 1990.
No record of Council action on the petition was found. While the tennis center
building is not mentioned in the Master plan amendment, the VRD did receive a
Conditional Use Permit for the project on May 8, 1990.
The Vail Village Master Plan, adopted January 16, 1990, addresses Ford Park as
a specific study area. This study acknowledges the use of the park in recent
years to accommodate overFlow skier and local parking needs. It recommends
the park be studied further as a site for additional skier parking to serve
expansion of the eastern side of Vail Mountain. Action Step #5 under Goal #5
states "study the feasibility of an underground (recreation fields would remain)
parking structure in Ford Park". The Parking and Circulation Plan, within the Vail
Village Master Plan, identifies the western portion of the upper bench for a
potential parking beneath park, and calls for separated bike/pedestrian ways
along the South Frontage Road and Vail Valley Drive.
The Vail Transportation Master Plan, completed in 1993, states, the existing
Ford Park Parking area (east end of park) should be considered for a possible 2-
level parking facility with the second level below existing grade. Ford Park and
the athletic field parking area are also listed as two possible sites for oversized
vehicles if the lot east of the Lionshead Structure becomes developed.
Current Park Management
There are currently four main organizations operating in Gerald R. Ford Park.
The Town of Vail, Vail Recreation District, Alpine Garden Foundation, and the
Vail Valley Foundation all play distinct roles and manage separate portions of the
park. The Town of Vail is the owner of the entire Gerald R. Ford Park site and
manages the community park, stream tract, and parking lot areas. The other
three organizations each hold a lease or license agreement to operate their
respective facilities and programs within the park.
The Vail Recreation District Lease of December 21, 1993, describes the
premises license as including the upper bench of Ford Park, public tennis courts,
athletic fields and Nature Center, although the graphic representation of the
premises was not attached to the lease agreement. The VRD offers a variety of
sports leagues, camps, and tournaments to area residents and guests. The Vail
Nature Center occupies the seven acres between Vail Valley Drive and Gore
Creek and offers environmental education and research opportunities to
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residents and guests. While officially a public parking lot, Vail Associates
frequently utilizes the athletic field parking lot for employees working out of the
Golden peak ski base. A copy of the Vail Recreation District lease is included in
the Appendix.
The Vail Valley Foundation, (VVF), a non-profit, charitable organization,
manages and maintains the Ford Amphitheater and immediate grounds. The
terms of the agreement between the Town and the VVF, signed December 8,
1987, and extended to October 31, 2001; include an endowment for ongoing
repair and maintenance of the Amphitheater. The amphitheater seats up to 2,500
people and is scheduled an average of 58 days during the summer. Hot Summer
Nights concerts, Bravo! Colorado, and the Bolshoi Ballet are some of the more
popular programs held at the amphitheater.
The Vail Alpine Garden Foundation, a Colorado non-profit corporation, manages
the three existing phases of the Betty Ford Alpine Garden under a Limited
License Agreement signed June 8, 1994. The terms and conditions of a Lease
Agreement are currently being negotiated. The original Alpine Display Garden
was constructed in 1987 under a license agreement with the Town at the
entrance to the amphitheater. The site for the Alpine Garden was established in
the 1985 Ford Park Master Plan to act as a buffer between the amphitheater and
active park areas. The second phase of the garden, the Perennial Garden, and
third phase, the Meditation Garden, were constructed in 1989 and 1991
respectively. A fourth and final phase, the Alpine Rock Garden, is currently being
planned for construction in 1998. A proposal by the Alpine Garden Foundation to
construct an Educational Center with the final phase of the garden has been
controversial. Opposition to the expanded use of the garden and the interior of
park has been a significant impetus to the creation of this master plan
amendment. In response to that opposition, the Vail Alpine Garden Foundation
modified the proposal to locate the Educational Center near the athletic field
parking lot on Vail Valley Drive. This location received conceptual approval by
the Council on October 15, 1996, allowing the Foundation to proceed through the
design process within the Town.
The lower bench of Ford Park is managed by the Town of Vail Department of
Public Works and Transportation and serves as a community park and open
space facility with picnic, playground and open play areas. The lower bench is
utilized several times a year for special events where large tents are often
erected to accommodate the activities. Access to the park from the Golden Peak
ski base is by a public access easement through the Manor Vail property. A copy
of the easement is included in the Appendix. The Town operates the upper
bench parking lot as a public parking facility during the ski season. Access to the
upper bench parking areas is from the State owned South Frontage Road. The
Colorado Department of Transportation (CDOT) is the agency responsible for
reviewing and approving access permit applications from the State-owned
Frontage Road. Currently, no access permit has been issued for the access by
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the CDOT. CDOT Frontage Road right-of-way covers a substantial portion of the
existing gravel parking lot.
Time Line of Ford Park Activities
April 1973 Condemnation of Antholz Ranch. Ordinance 6, 1973
August 1973 Completion of Vail Plan.
January 1977 Antholtz Ranch named Gerald R. Ford Park. Resolution 1,
1977
August 1985 Completion of Ford/Donovan Park Masterplan. Resolution
19,1985
July 1987 Amphitheater construction complete
August 1987 Alpine Demonstration Garden complete.
November 1987 Preservation of Nature Center. Resolution 27, 1987
December 1987 Vail Valley Foundation lease signed.
November 1988 Lower Bench improvements complete.
December 1988 Masterplan amendment by VRD. Resolution 44, 1988
December 1988 Service agreement with VRD. Resolution 46, 1988
May 1989 Tennis Center receives Conditional Use Permit.
July 1989
January 1990
February 1990
April 1990
May 1990
June1991
April 1993
Alpine Perennial Garden complete.
Completion of Vail Village Masterplan.
Aquatic Center rejected by voters in special election.
Council petitioned to delete Aquatic Center from Masterplan.
Tennis Center construction complete.
Alpine Meditation Garden complete.
Completion of Vail Transportation Master Plan.
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December 1993
June1994
June1995
Vail Recreation District agreement renewed.
Vail Alpine Garden Foundation license agreement signed.
Town begins Ford Park Management Plan.
October 1996 Council allows Vail Alpine Garden Foundation to proceed
through process with Educational Center plans at Soccer
Field parking lot.
April 1997
1999
November 2011
Ford Park Management Plan adopted.
Lease with Vail Valley Foundation renewed.
Voters approve use of Conference Center Funding for Ford
Park Improvements
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Section 3: Process of Developing the Management Plan
The Ford Park Management Plan process was initiated in June of 1995 in
response to several development proposals which had been formally and
informally discussed and as a means to solve existing park management issues.
The development proposals included an Educational Center for the Betty Ford
Alpine Garden, cultural/performing arts center, expansion of the tennis facility,
athletic field fencing, and a community parking structure. Park management
issues included parking shortage, frontage road access, pedestrian access and
circulation, access for the elderly and disabled, utilization of the lower bench,
conflicts between uses within the park, conflicts with adjacent property owners,
and delineation of financial responsibilities. At the time the project was
authorized Council expressed concern that a new master plan for Ford Park
would result in an excessive amount of new development. In response, staff
noted the intention of the project was to create a management plan as a means
to adequately and consistently evaluate development proposals, thus limiting
development and protecting the character of the park.
Those organizations with a financial and managerial role along, with two
neighborhood representatives, were identified as the Stakeholder Group and
were invited to participate in the process. A third party facilitator was retained for
the project in August of 1995. Staff members from the Town, Vail Recreation
District and Alpine Garden participated in the facilitator selection process. Staff
felt that a third-party facilitator would be beneficial to the project by offering a
non-biased opinion and increasing Stakeholder participation. The Stakeholder
Group was assembled in a series of ineetings over the eight month period from
August 1995 to April 1996. The meetings drew out issues, ideas, expansion
proposals, and began formulating possible solutions.
Alternative design solutions addressing parking options, vehicular access,
Frontage Road improvements, additional sports facilities and management
policies, were presented to the public in an open house at the Gerald R. Ford
Amphitheater on June 12, 1996. Citizens were asked to complete a self-guided
presentation and opinion survey form. A synopsis of the open house presentation
and summary of the opinion survey are included in the Appendix.
The open house presentation was a turning point in the process of developing
the Management Plan. Several residents were alarmed by the alternatives
included in the presentation and initiated a grass-roots movement to place a
referendum on any future expansion/development within the park. This strong
public reaction, combined with a lack of closure with the Stakeholders Group,
prompted the Town to revise the process to include more public involvement at
that time. Previously, public input was being reserved for a time when alternative
plans could be presented for comment. Three Focus Group meetings with
selected individuals from the community were held on September 18, 1996.
Stakeholder groups were invited to submit a list of questions for inclusion in the
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Focus Group discussions. In round table discussion, individuals were asked to
respond to a list of prepared questions regarding uses and issues associated
with Ford Park. The Focus Group questions and responses are included in the
Appendix. Additional public input sessions were held on October 2 and 3, 1996,
which validated the focus group responses and further refined staff's
understanding of the public perception and desires regarding Ford Park.
The combined results of the focus group and public input sessions along with a
preliminary master plan framework were presented to the Planning and
Environmental Commission on October 14, 1996, and Town Council on October
15, 1996. Both PEC and Council directed staff to proceed with drafting the plan
as an amendment to the 1985 Ford Park Master Plan based on the input
received and presented.
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Section 4: Purpose of the Management Plan
This document is formatted as an amendment to the 1985 Master plan (revised)
for Ford Park. While some of the physical aspects of the park have changed
since the adoption of the 1985 Master plan, the essential character, concept, and
function of the park have remained consistent. The 1985 Master Plan, enhanced
by this amendment, remains a valid document to be used in the future planning
and decision-making process for Ford Park. As with all master plans, this
document will have a definite life for which it remains a useful decision-making
tool. The life expectancy of this plan is approximately 10 years but should remain
in effect until replaced by an updated master plan document. The Ford Park
Management Plan will take precedence over the 1985 Master Plan where
conflicts or discrepancies occur.
The intention of the combined documents is to guide the outcome of future
development proposals within Ford Park by modifying the permitted uses (1973
acquisition legislation), recommending development guidelines, limiting the
number of leaseholders within Ford Park, and designating buffer/protection
zones within and adjacent to the park.
The 1985 Master Plan acknowledges some shortcomings in the overall design of
the park, particularly the layout of the upper bench area and the internal
pedestrian circulation system. This amendment will formulate design alternatives
to these specific problem areas to correct the deficiencies that exist. This
amendment will also delineate managerial, operational, and financial
responsibilities between the Town and the leaseholders.
As outlined above, the 2012 update to the 1997 Management Plan furthers the
overall direction for the Park established by the 1997 Plan and in doing so
maintains the role the Park has played in the community for the past 30 years.
Specifically, the 2012 Update suggests few significant changes to the overall
level of development and activities that take place in the Park. In addition, many
of the improvements identified in the 2012 Update were originally proposed in the
'97 Plan. Most importantly all improvements proposed in Section 6: Illustrative
Plan Components are in keeping with the goals, objectives and policies of the
Management Plan. By way of example:
Objective 1.3: Designate Preservation Zones within Ford Park to protect sensitive
natural areas and/or buffer zones between venues areas from developmental
impacts. Define allowed uses within Preservation Zone areas.
Response — The Illustrative Plan now depicts a Preservation Zone.
Policy Statement 3: The existing variety of uses and facilities in the Park will be
preserved. The Town will not enter into a lease agreement with any party that
does not currently hold such an agreement, hereby maintaining current
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leaseholder status to: Vail Valley Foundation, Vail Alpine Garden Foundation,
and Vail Recreation District, or their successors.
Response — No new users are contemplated by the 2012 Management
Plan.
Policy Statement 2: New or changed facilities or uses will not be permitted to
curtail existing public uses of facilities in the Park unless there is either a
compelling public interest or adequate alternative facilities are available to its
users. All functions in the park shall be maintained and function at a high quality
level.
Response — Improvements proposed by the Illustrative Plan do not curtail
existing public uses of facilities.
Objective 2.1: Reduce the demand for vehicular intrusions into the park.
Action Step 2.1.1: Provide additional on-site storage facilities within the
Amphitheater, Alpine Garden and Recreation District areas to reduce and
control the frequency of delivery and service vehicle intrusions into the
park.
Action Step 2.1.2: Improve traffic gate operations and restrictions on both
the east and west access roads to eliminate unnecessary and
unauthorized vehicular intrusions into the park.
Action Step 2.1.3: Construct a central trash collection facility, accessible
from the South Frontage Road, to be used by all leaseholders within the
park for the disposal of trash, landscape debris, and recyclables.
Response — Each of the action steps listed above are addressed by
improvements suggested by the Illustrative Plan.
Objective 2.2: Reduce the conflicts between vehicles and park users.
Action Step 2.2.1: Coordinate delivery schedules to reduce the frequency
of delivery and service vehicle intrusions into the park during peak use
time periods.
Action Step 2.2.2: Improve loading dock facilities in the Amphitheater to
expedite the unloading and setup for performances and to reduce the
need for large vehicle parking outside of the Amphitheater area.
Action Step 2.2.3: Improve the configuration of the east access road to
allow use by large delivery vehicles, thus reducing the overall number of
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trips on the west access road and the need for the backing and turning of
large vehicles on the lower bench of the park.
Response — Improvements suggested in the Illustrative Plan response to
each of the Action Steps outlined above.
Objective 5.2: Improve pedestrian routes to Ford Park.
Action Step 5.2.1: Design improvements to existing pedestrian routes that
will correct grading, surfacing, and lighting and will provide resting and
sitting areas.
Objective 5.3: Improve internal pedestrian circulation within Ford Park.
Action Step 5.3.1: Design a central pedestrian path to enhance the
connection between the upper and lower bench areas of the park.
Response — A variety of planned improvements to pedestrianization
circulation and design are identified by the Illustrative Plan.
The points above are not intended to be an all inclusive assessment of how the
updated Illustrative Plan conforms to the goals, objectives, policies and action
steps outlined in this Plan. They are, however a representative indication of how
the underlying intentions of the '97 Plan are continued by this Update.
Ford Park Management Plan Update 14
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Section 5: Goals, Objectives, Policies and Action Steps
Goals for Ford Park are summarized in six major goal statements. Each goal
statement focuses on a particular aspect of Ford Park brought up during the
stakeholder and public input portions of the Management Plan process. As one
might anticipate, there is a certain amount of overlap between the goal
statements. The issues concerning Ford Park are complicated and convoluted as
are the solutions to these issues. It is intended that the goal statements be
consistent and complementary to each other and be designed to provide a
framework, or direction, for the future management of Ford Park. A series of
objectives following each goal statement outline specific steps that can be
taken toward achieving each stated goal. Policy statements are intended to guide
decision-making in achieving each of the stated objectives in reviewing
development proposals and implementing capital improvement projects. Action
steps are the final measure in implementing the goal statements.
Illustrative plans following the Goals, Objective, and Action Steps are included to
help explain the concepts represented by those statements. The illustrations are
conceptual and are not to be considered as final design solutions.
Goal #1: Preserve and protect Ford Park.
Objective 1.1: Limit future development.
Action Step 1.1.1: Draft a new ordinance to exclude those uses listed in
Ordinance No.6, Series of 1973, now considered to be inappropriate, and to
redefine the allowable uses within Ford Park.
Policy Statement 1: The following uses that are allowed and prohibited for Ford
Park shall take precedence over Section 18.36.030 of the Municipal Code
concerning the General Use Zone District.
Allowed Uses
Park and greenbelt
Bicycle and hiking trails
Children's playground
Outdoor amphitheater
Botanical gardens
Environmental, educational, and historical centers
Picnic areas
Recreation and athletic facilities
Transportation systems and other public utility easements
Parking
Administrative offices
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Prohibited uses
Ski lift and related facilities
Exchange or trade
Civic center, convention/conference center, public schools, gymnasium, and
assembly hall
Swimming pools
Equestrian trails
Type III and IV employee housing
Policy Statement 2: New or changed facilities or uses will not be permitted to
curtail existing public uses of facilities in the Park unless there is either a
compelling public interest or adequate alternative facilities are available to its
users. All functions in the park shall be maintained and function at a high quality
level.
Action Step 1.1.2: Create and attach plan sheets which outline lease
areas, referred to as Exhibit A in the Vail Recreation District lease
agreement and Exhibit B in the Vail Valley Foundation lease agreement,
but which were never attached.
Policy Statement 3: The existing variety of uses and facilities in the Park will be
preserved. The Town will not enter into a lease agreement with any party that
does not currently hold such an agreement, hereby maintaining current
leaseholder status to: Vail Valley Foundation, Vail Alpine Garden Foundation,
and Vail Recreation District, or their successors.
Objective 1.2: Refine criteria for evaluating future development proposals.
Action Step 1.2.1: Update the Design Criteria and Site Guidelines included
in the 1985 Ford Park Master Plan by:
a) Creating additional development guidelines for underground, low visual
impact type structures, enhanced landscaping, and full and complete
impact mitigation.
b) Enforcing existing criteria and guidelines to solve and/or avoid problems
associated with development projects within Ford Park.
Objective 1.3: Designate Preservation Zones within Ford Park to protect
sensitive natural areas and/or buffer zones between venues areas from
developmental impacts. Define allowed uses within Preservation Zone areas.
Action Step 1.3.1: Define criteria for designating Preservation Zones and
their uses within Ford Park. For example, significant native vegetation,
wildlife habitat, and wetlands may be criteria for designating sensitive
Ford Park Management Plan Update 16
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natural areas, while grade separations and dense landscape plantings
may be criteria for designating sensitive buffer zones.
Action Step 1.3.2: Delineate Preservation Zones within Ford Park.
Policy Statement 4: All proposed development projects shall be reviewed for
compliance with Design Criteria and Site Guidelines, as well as other Town
regulations, and shall be additionally judged according to the recreational,
educational or social benefit they bring to the community.
Policy Statement 5: Functions that do not maintain high standards of quality or
that diminish the experience of park users, will not be permitted.
Policy Statement 6: The historic qualities and natural character of the Nature
Center are to be maintained.
Objective 1.4: Enhance use and preservation of the Historic School House.
Action Step 1.4.1: Negotiate a contract with the Vail Alpine Garden
Foundation to open the School House for public visitation and to perform
preservation activities of photographs and artifacts.
Action Step 1.4.2: Make physical improvements to the school house to
enhance lighting, public access and viewing areas.
Goal #2: Reduce vehicular intrusions in, and their impact on,
the park.
Objective 2.1: Reduce the demand for vehicular intrusions into the park.
Action Step 2.1.1: Provide additional on-site storage facilities within the
Amphitheater, Alpine Garden and Recreation District areas to reduce and
control the frequency of delivery and service vehicle intrusions into the
park.
Action Step 2.1.2: Improve traffic gate operations and restrictions on both
the east and west access roads to eliminate unnecessary and
unauthorized vehicular intrusions into the park.
Action Step 2.1.3: Construct a central trash collection facility, accessible
from the South Frontage Road, to be used by all leaseholders within the
park for the disposal of trash, landscape debris, and recyclables.
Policy Statement 7: Vehicular encroachment into the park will be minimized.
The only vehicular uses allowed in the park are for: maintenance; delivery of
Ford Park Management Plan Update 17
March 2012
goods and materials too large or heavy to be carried by non-motorized means;
access for people with disabilities limited mobility; public transportation; and
emergency services.
Objective 2.2: Reduce the conflicts between vehicles and park users.
Action Step 2.2.1: Coordinate delivery schedules to reduce the frequency
of delivery and service vehicle intrusions into the park during peak use
time periods.
Action Step 2.2.2: Improve loading dock facilities in the Amphitheater to
expedite the unloading and setup for perFormances and to reduce the
need for large vehicle parking outside of the Amphitheater area.
Action Step 2.2.3: Improve the configuration of the east access road to
allow use by large delivery vehicles, thus reducing the overall number of
trips on the west access road and the need for the backing and turning of
large vehicles on the lower bench of the park.
Goal #3: Reduce conflicts between all Ford Park venues.
Objective 3.1: Coordinate events on all Ford Park venues.
Action Step 3.1.1: Expand the master schedule kept by the Town Clerk to
include all venues within the park.
Action Step 3.1.2: Hold preseason and monthly event/activity coordination
meetings.
Action Step 3.1.3: Hold semiannual (2x per year) coordination and input
meetings with the Town Administrators, leaseholder representatives, and
neighborhood and adjacent property owner representatives.
Policy Statement 8: Overlapping or simultaneous events that exceed the
available community parking or other park infrastructure shall be discouraged.
Policy Statement 9: No one event or type of use will be allowed to dominate the
usage of the Park.
Policy Statement 10: The Park is a Town of Vail community facility and in the
case of conflicting uses, functions that best serve the interests of the community
will have the highest priority. In all cases, final decisions regarding the Park rest
with the Vail Town Manager.
Ford Park Management Plan Update 18
March 2012
Policy Statement 11: The day-to-day management and coordination of activities
in the Park will be assigned to the Park Superintendent. The Park Superintendent
will coordinate as necessary with a representative of:
The Town of Vail
The Vail Valley Foundation
The Alpine Garden
The Vail Recreation District
Objective 3.2: Improve buffers between different use areas within the park.
Action Step 3.2.1: Enhance the buffer zone between the softball fields and
the amphitheater and gardens by reversing the orientation of the center
and east softball fields.
Action Step 3.2.2: Enhance existing and new buffer zone areas through
the addition of landscape planting.
Goal #4: Resolve parking and South Frontage Road access
problems.
Objective 4.1: Develop and implement a parking management plan for Ford
Park.
Action Step 4.1.1: Locate a variable message sign between the main
roundabout and entrance to Village Structure for the purpose of informing
drivers that close-in parking at Ford Park is restricted, at a fee, or full, and
parking in the VTC is free and shuttle bus service is available.
Action Step 4.1.2: Schedule shuttle bus service from top deck of the
Village Structure to Ford Park Frontage Road stop for special event/high
demand days. Extend in-town shuttle bus service to Ford Park Vail Valley
Drive stop.
Action Step 4.1.3: Designate drop-off parking from Frontage Road using
15 spaces north of bus stop. Enforce 5 minute time limit. Drop-off lane
functions as a turn around once lot is filled. Schedule attendants on-site to
manage drop-off spaces and assist users in loading and unloading.
Action Step 4.1.4: Allocate close-in parking on Frontage Road and Vail
Valley Drive through reserve ticket purchases or on a fee basis. Parking
attendants on-site to manage entrances and exits. Establish a ticket
surcharge or parking fee price schedule which will generate sufficient
funds to cover attendant and shuttle bus service costs. Fee parking is to
be in effect for high-parking demand days only.
Ford Park Management Plan Update 19
March 2012
Action Step 4.1.5: Construct Frontage Road sidewalk from the Village
Structure and improve sign system as necessary to accommodate
pedestrian traffic to Ford Park.
Policy Statement 12: Adequate parking for the needs of the park are to be
provided in the park and at the Village Structure.
Objective 4.2: Improve vehicular access from the South Frontage Road and
improve parking lot design to maximize the number of parking spaces,
aesthetics, and safety while mitigating environmental impacts.
Action Step 4.2.1: Design and construct improvements to the South
Frontage Road to meet CDOT requirements for obtaining a state highway
access permit.
Action Step 4.2.2: Design and construct improvements to all existing
parking areas that maximize the number of parking spaces; provide
landscape buffering and treatment of storm water run-off.
Goal #5: Improve internal pedestrian circulation within Ford
Park and the pedestrian connections between Ford
Park and Vail Village.
Objective 5.1: Improve directional and informational signs to and within Ford
Park.
Action Step 5.1.1: Develop a comprehensive sign plan to direct Ford Park
visitors from central sites in the Vail Village and from each level of the
Village Parking Structure to destinations within Ford Park.
Objective 5.2: Improve pedestrian routes to Ford Park.
Action Step 5.2.1: Design improvements to existing pedestrian routes that
will correct grading, surFacing, and lighting and will provide resting and
sitting areas.
Objective 5.3: Improve internal pedestrian circulation within Ford Park.
Action Step 5.3.1: Design a central pedestrian path to enhance the
connection between the upper and lower bench areas of the park.
Policy Statement 14: Any uses added to Ford Park in the future shall be
structured to encourage users or participants to walk or ride the bus rather than
drive.
Ford Park Management Plan Update 20
March 2012
Policy Statement 15: Pedestrian access to the Park from the Vail Village should
be easy and visible. The Park shall be as pedestrian-friendly as possible.
Goal #6: Delineate financial responsibilities among Ford Park
leaseholders and the Town of Vail.
Objective 6.1: Formalize existing division of facility management/operation
costs.
Action Step 6.1.1: Research current lease, license and use agreements
for delineation of financial responsibilities.
Action Step 6.1.2: Correct inequities in utility billing procedures and
distribution systems, current utility use, and payment relationships.
Policy Statement 16: All Ford Park leaseholders and the Town of Vail shall be
required to share in common operating costs that benefit the whole park facility
and as outlined in current lease or license agreements. These include but are not
limited to, electrical charges for pedestrian path and parking lot lighting, trash
removal charges, and regular parking lot and pedestrian path maintenance costs.
Objective 6.2: Create a cost-sharing agreement for Capital Improvement costs.
Action Step 6.2.1: Create a five year capital improvements program for
Ford Park.
Action Step 6.2.2: Establish the benefit/cost relationship for capital
projects to determine appropriate cost sharing agreements.
Policy Statement 17: Ford Park leaseholders and the Town of Vail desiring to
make capital improvements within their respective lease areas shall be required
to provide funding for those improvements and for subsequent modifications to
those areas outside of the lease area caused by those improvements.
Policy Statement 18: Services, functions, and programs provided by Ford Park
leaseholders, by bringing visitors to the community, generate sales tax revenues
which contribute General Fund funding sources. Residents of the community
which participate in those programs, contribute to the Real Estate Transfer Tax
funding source through real estate transactions. Both of these funding sources
can be utilized by the Town of Vail to pay for capital projects and improvements
within Ford Park, reducing the need for contributions from the leaseholders.
Ford Park Management Plan Update 21
March 2012
Section 6: Illustrative Plan Components
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Ford Park Management Plan Update 22
March 2012
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Ford Park Management Plan Update 23
March 2012
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This section contains site plan diagrams that illustrate conceptual plans for the
Park. The Ford Park Illustrative Plan provided herein replaces site plans from
the 1997 Ford Park Management Plan. This new plan reflects many of the same
improvements contemplated by the 1997 Plan, but also includes a few
improvements not previously contemplated. Concepts depicted on the Illustrative
Plan are considered to be appropriate improvements and activities for the Park.
However, all improvements are subject to further review by the Town
(Conditional Use Permit, Development Plan review, DRB review) prior to being
Ford Park Management Plan Update 24
March 2012
implemented. In some cases the description of improvements provided below
include parameters or considerations that should be addressed during detailed
design and as a part of subsequent review by the Town.
Brief descriptions of improvements depicted on the Illustrative Plan for Ford Park,
and when appropriate enlargements of such improvements, are provided below.
It should also be understood that the site plan depicting these improvements is
done at a very general, conceptual level. This plan is intended to illustrate
concepts only and improvements depicted on this Plan will be refined as designs
progress. As such final designs may vary from what is depicted on this
generalized plan. Prior to the implementation of any improvements in Ford Park
additional design details will be provided for review by the Town as a part of the
Planning Commission's review of a Development Plan (as part of a Conditional
Use Process) and/ or as a part of the Design Review Board review process.
The Illustrative Plan provides a comprehensive depiction of improvements
contemplated for Ford Park. This does not mean however, that only those
improvements depicted on this plan may be made. Improvements not depicted
on the Illustrative Plan may be proposed provided they are consistent with the
overall goals for the Park and with applicable objectives, policy statements and
action steps outlined in the Management Plan. It should also be understood that
the improvements being depicted on the Illustrative Plan does not ensure if or
when they will be implemented. In many respects the Illustrative Plan is a vision
for how the Park may be developed and not a commitment to any specific
improvement.
Ford Park Management Plan Update 25
March 2012
Implemented Improvements from 1997 Illustrative Plan
A number of improvements proposed by the 1997 Plan have been implemented.
These improvements are listed below:
1. Reduce width of road entrance from South Frontage Road; install an
automated traffic control gate.
2. Construct 12' concrete pedestrian/bike path along south edge of roadway
from Vail Valley Drive to the West Access Road entrance.
3. Extend pedestrian/bike path beyond West Access Road as 10' detached
pathway. Widen path between softball infields and extend beyond the
Tennis Center to the proposed main park entrance.
4. A central trash enclosure is shown at the southwest corner of the parking
lot.
5. Increase the deck height of the Manor Vail covered bridge by
approximately 4'.
6. Widen South Frontage Road to provide 6' bike lanes on each side.
2012 Ford Park Illustrative Plan
The Ford Park Illustrative Plan is found on the following page. Subsequent
pages provide descriptions of specific improvements identified on each
enlargement sheet of the Illustrative Plan. These improvements are present by
"topical" category (i.e. pedestrianization), location (i.e. the lower bench area) or
major user (i.e. the Amphitheater or the athletic fields).
Refer to the Illustrative Plan when reviewing these descriptions for a graphic
depict of the improvement and the surrounding context. When appropriate an
enlarged section of the Illustrative Plan is provided in the context of narrative
descriptions.
Ford Park Management Plan Update 26
March 2012
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Ford Park Management Plan Update
March 2012
27
Preservation Zone
One of the objectives the 1997 Plan was to:
Designate Preservation Zones within Ford Park to protect sensitive
natural areas and/or buffer zones between venues areas from
developmental impacts. Define allowed uses within Preservation
Zone areas.
A Preservation Zone is identified on the Ford Park Illustrative Plan. This zone
primarily includes the Gore Creek Corridor and the 7 acre Nature Center area
located south of Gore Creek.
Within the preservation zone it is intended that existing uses and buildings can
be maintained and that no new uses or buildings inconsistent with the
preservation of these areas is to occur. Low-impact improvements such as soft
surface walking paths, fishing access, etc. along with utility improvements,
drainage improvements, creek crossings, creek restoration projects and similar
activities may be initiated within the Preservation Zone.
Fisherman access to Gore Creek, while currently not an issue (i.e. excessive use
resulting in riparian area degradation), could become an issue in the future. A
creek access point was considered at the east end of the Nature Center (using
the bus turnaround as an unloading area) but was rejected as contradictory to
the intended use of the Nature Center. A defined creek access point is now
being considered above Ford Park in the vicinity of the Pulis Bridge.
Some improvements to the Park are contemplated adjacent to the Preservation
Zone, notably the potential widening of Betty Ford Way. If the widening of this
road is pursued, great care and attention to design and construction will be
necessary in order to protect Gore Creek. Best management practices (BMP's)
will be essential in controlling runoff, erosion, debris, etc. that would otherwise
harm the creek.
Pedestrianization/Park Arrival
Ford Park has two distinct areas — the upper bench which has an athletic focus
and the lower bench which has more of an arts and cultural focus. Access to the
Park is provided by one of six portals, each with their own unique purpose and
characteristics. These portals are identified on the Ford Park Illustrative Plan.
Improvements are contemplated for a number of these portals, many of which
originate outside the actual boundary of the Park. One improvement
contemplated for each portal is to introduce a distinctive monument or
identification feature to identify access to Ford Park. For example, the Gore
Ford Park Management Plan Update 28
March 2012
Creek Trail provides access for people who park in the Village Parking Structure.
An identification feature where the trail begins east of Vail Valley Drive could help
people find their way to the Park. These features would signal the beginning of
one's "entry" to Ford Park with "arrival" coming when one reaches the Park.
While the design of individual identification features may vary, a common design
character for all features should be used in order to create continuity and
consistency in how the Park is identified.
• Manor Vail Entry at Vail Valley Drive — A pedestrian easement is in place
that provides pedestrian access from Vail Valley Drive to the Covered
Bridge. An identification feature should be considered at this location, the
design of which would need to be coordinated with Manor Vail.
• Gore Creek Streamwalk — This tranquil trail provides access for many who
park at the Village Parking Structure. An identification feature should be
installed at Vail Valley Drive. Efforts should be made to lessen the grade
of this trail behind the Wren Condominiums. This could be accomplished
by re-grading the trail and installing necessary retaining walls bringing the
grade down from +/-15% to +/-9%. Another alternative could be to re-
align the trail immediately adjacent to the Park in a manner that would
contour across the hillside and eliminate the trail from "going up to only
come down".
• Frontage Road Sidewalk — This functional trail provides direct access to
the Park from the Village Parking Structure. An identification feature
should be considered at the intersection of the Frontage Road and Vail
Valley Drive.
• VV Drive/Soccer Field - During performances and special events buses
are added to the town's system and their route is extended to the
turnaround at the east end of the Soccer Field in order to serve this portal
(topography and roadway width prevent the development of a bus
turnaround closer to this portal). An identification feature should be
considered at the intersection of the Frontage Road and Vail Valley Drive.
• Frontage Road/Transit Stop — A new transit stop will provide access to an
improved pedestrian corridor that leads into the Park and to the lower
bench. An identification feature, along with identification of access to the
tennis center should be considered where this corridor begins.
• Frontage Road/Parking Area — East Betty Ford Way is the primary access
to the lower bench from the parking area. As discussed below, this
corridor may serve the dual purpose of providing pedestrian access and
service/delivery access to the Amphitheater. This would be done by
widening the existing route to approximately 13'. Pedestrian overlooks to
Gore Creek along this route should be considered, both for aesthetic
Ford Park Management Plan Update 29
March 2012
purposes and to provide pedestrians a safe location to stand at times
service trucks may be using this route. An identification feature, along
with identification of access to the tennis center should be considered
where this corridor begins at the west end of the parking area.
Shuttle
During events at the Amphitheater golf cart shuttles are utilized for moving
people to and from the venue. The idea of creating a similar system to provide
shuttle service to general park users throughout the summer months is under
consideration. The purpose of this shuttle is two-fold - one is to provide the
shuttles as a guest service and the other to provide alternative access into the
Park for elderly or disabled guests. With regard to the later, the shuttle system
could allow for the removal of disabled parking spaces at the Amphitheater and
in doing so reduce car trips into the Park.
Frontaqe Road Entry/Parkinq/Transit
Existing transit and parking facilities along the Frontage Road are ill-defined and
in many respects do not function well. For example, vehicle access points to
parking areas are unclear and buses are not adequately segregated from private
vehicles. While it is likely that more people enter the Park via pedestrian routes
from the west and south, many guests do access the Park from this area via
buses from the Frontage Road transit stop and from parking areas. A number of
improvements are planned in order to improve both the appearance and function
of this area:
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Ford Park Management Plan Update 30
March 2012
Parkina Facilities
Existing parking areas will be redesigned in order to achieve the Town Council's
goal of "no net loss" of parking. Currently there are approximately 200 parking
spaces in the Frontage Road area, of which 17 are disabled parking spaces. An
equivalent number of spaces are reflected on the Ford Park Illustrative Plan.
Major changes to parking include the elimination of approximately 50 existing
spaces in order to accommodate the expansion to athletic fields and a new
transit drop-off area. New spaces are created with the re-design of the eastern
portion of the lot and by locating parking where the bus drop-off is currently
located. The addition of "low impact" parking spaces along the South Frontage
Road is also under consideration. This improvement will necessitate a sidewalk
along the south side of the road and coordination with CDOT will be necessary in
order to implement this improvement.
Access points to parking areas will be consolidated into two locations and may
include turn lane improvements on the Frontage Road (subject to CDOT review).
Short term drop-off parking spaces will be established, the location of which will
be determined during detailed design. Efforts should be made to locate short-
term drop-off at the western end of the lots.
The re-design of the parking area as depicted on the Illustrative Plan will still
allow for use of this area for special events and concerts. Determination of how
this area is used will be made by the Town Council and the Commission on
Special Events.
Bus Stop/Drop-off
A dedicated bus stop separate from private vehicles is necessary. This facility is
planned just west of the re-designed parking area. This location will allow for a
bus shelter to be incorporated into the adjacent Concessions/Restroom building.
Pedestrian Improvements
The parking and transit area serves as the main point of entry to the Park for
people arriving by bus or private vehicles. Currently this area and the adjacent
tennis center are not well defined nor does this area have a clear image or
relationship to other facilities within the Park. For example, the arrangement and
relationship of existing improvements is not clear and pedestrian routes to the
Alpine Garden, the Amphitheater or lower bench recreation facilities are not
intuitive. Landscape, signage and pedestrian improvements throughout this area
will be implemented to improve existing conditions.
Ford Park Management Plan Update 31
March 2012
Athletic Fields Concessions/Restroom Buildinq
A new concessions/restroom building is contemplated at the east end of the
athletic fields. The building may also include a small satellite office for the
Recreation District (for use during events and tournaments). This facility, along
with the existing tennis center will "anchor" this area of the Park.
Athletic Fields
The size and shape of existing athletic fields is inefficient. The following
improvements are planned to provide more usable fields:
Field Expansion
Removal of the existing restroom/concession building and the westernmost
surface parking lot along with the construction of a retaining wall on the
southwest corner of the fields will allow for increased field area that will
accommodate three full-sized softball fields or two full-sized soccer/lacrosse
fields. This improvement will include new fencing around much of the fields and
improvements to spectator areas. The introduction of additional landscaping on
the south side of the fields should be done to provide both shade and screening.
West Field Restroom/Storaqe Buildinq
A new restroom and park storage building is suggested at the west end of the
fields. A small storage component for the Recreation District and the Alpine
Garden will minimize the number of vehicle trips into the Park. This building
replaces an existing storage building and will clean up existing unsecured
maintenance and storage areas currently scattered throughout the park.
Restrooms will serve users of the fields and pedestrians entering the Park from
the west. The building should be low-profile and have a"grounded" appearance
in the landscape.
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Ford Park Management Plan Update
March 2012
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Lower Bench
The following improvements are contemplated for the Lower Bench area of the
park:
Plavaround Restrooms
Restrooms at the playground are poorly sited, undersized and present an
uncomfortable relationship to the rest of the Park. In the near future these
restrooms will be in need of renovation and at such time consideration should be
given to re-locating them to a more discrete location. One alternative is to bench
the restrooms into the hill below the athletic fields. This location could allow
these facilities to be accessible to users of the fields.
Ford Familv Tribute
The design intent and objective for the Ford Tribute is to announce the arrival to
Ford Park in an iconic manner that celebrates the life and influence of the Ford
family on our community. Envisioned as a unique landscape feature comprised
of a combination of plants, stone, and other natural materials, the Tribute will be
located in the vicinity of the Manor Vail Bridge at the intersection with Betty Ford
Way. The goal is to help solidify the Ford's legacy for posterity, and to do so in a
manner that is contextual to the natural environment, the Betty Ford Alpine
Garden, the Gerald R. Ford Amphitheater, and the overall context of Ford
Park. The Tribute is not envisioned as a building or structure, but rather a series
of elements that help create a very special sense of place as the beginning of the
enhanced park experience along Betty Ford Way, between Manor Vail and the
Social Courtyard at the amphitheater.
Betty Ford Way
Betty Ford Way provides a major pedestrian access route into the Park, both
from Vail Village/Village Parking Structure and from the Park's upper bench
parking lot and transit stop. The section of Betty Ford Way between the Covered
Bridge and the Amphitheater entry is envisioned to be a"feature area". This
pedestrian corridor will be treated with a higher level of design, surface materials,
lighting, seating, etc.
Enhancements to Betty Ford Way will improve a park visitor's experience to and
through the lower bench of the park. The existing path will be widened from
approximately 10 feet to between 11 and 13 feet to accommodate the multiple
user types that visit the park in peak use times (e.g. pedestrians, bicyclists,
skateboarders and roller-skaters). The asphalt pavement along Betty Ford Way
will be replaced with finer textured, higher quality pavements such as colored
concrete, or stone or concrete pavers. Seating areas with benches will be
provided at select locations along the path, and lighting fixtures will be replaced
to match new architectural features in the park, which will better unify the image
and character of the entire park.
Ford Park Management Plan Update 33
March 2012
Landscaping adjacent to Betty Ford Way will be enhanced with additional shrubs
and wildflowers to provide more interest and color along the route, and new
wayfinding signage installed. The portion of the path between the Manor Vail
Bridge and the Amphitheater entrance is the portion of the path that receives the
highest level of use. It will be of the same character as the rest of Betty Ford
Way, but it will receive a higher level of finish on the path surface, and the
landscaping will include more floral displays, which will be designed to be
complementary to the Betty Ford Alpine Gardens landscape.
Nature Trail
Improvements to the informal nature trail along Gore Creek are envisioned.
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Lower Bench
Gerald R. Ford Amphitheater
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Host to approximately 60 events each year, the Amphitheater is one of, if not the
main activity generator in the Park. A number of improvements are planned for
this facility.
Social Courtyard
Expansion of the existing plaza at the entry to the Amphitheater is intended to
provide a more gracious and more functional entry to the venue. The design
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Ford Park Management Plan Update 34
March 2012
intent and objective for the new "social courtyard" is to create a multi-use outdoor
space of that serves as the primary arrival for the Amphitheater as well as a pre-
convene and post-function space during scheduled events.
The social courtyard will also serve as a new programmable space within the
lower bench of Ford Park for smaller gatherings and events. Use of the space
will be available by various groups and stakeholders such as the Betty Ford
Alpine Gardens or the Art in Public Places, and the common park user, during
times when the amphitheater is not in operation and when there are no
scheduled events taking place.
The space is envisioned to be richly landscaped, and have a high level of design
and attention to detail. There will be two new gates that serve as ticket control
and baggage check, and a perimeter landscape barrier combining plants and a
decorative artistic fence to provide security. Portions of the social courtyard are
envisioned to be covered by a roof feature to shelter patrons from rain during
inclement weather and provide shade during sunny days. In this case
consideration should be given to the relationship of this structure to surrounding
improvements and to how important viewsheds can be maintained
Ticketinq/Restrooms/Seatinq
A number of improvements are planned to the operations and interior of the
Amphitheater. These include expanded ticket windows, remodeling of existing
restrooms and new restrooms at the east entry to the Amphitheater. Re-
contouring of the lawn seating area is also planned, the primary purpose of which
is to lessen the existing grade of the lawn area.
Noise Mitiaation
The relationship between the Amphitheater and the athletic fields at times
creates conflicts, specifically with noise. I-70 traffic also creates problems for the
Amphitheater. Noise mitigation studies have been completed and to date no
definitive decisions have been made regarding possible noise mitigation
measures. Space between the Amphitheater and the fields has been defined in
order to accommodate potential measures that may be pursued in the future
(walls, berms, landscaping, etc.).
Ford Park Management Plan Update 35
March 2012
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Gerald R. Ford Amphitheater
Betty Ford Alpine Gardens
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The Alpine Gardens are a major summer attraction and the following
improvements are contemplated for this facility:
North Entry
A more formally defined entry to the Gardens from the upper bench, along with
improved pedestrian corridors are planned.
Garden Expansion Area
Expansion to the gardens is planned along Gore Creek, adjacent the old school
house.
BFAG Education Center
Located proximate to the Garden's entrance on the lower bench, the Education
Center is envisioned to house administrative offices, a greenhouse and a multi-
use space for a variety of functions. The building is planned to be two levels with
a footprint of approximately 1500 SF.
The design of the building should be sensitive to its close proximity to the old
school house. While two separate buildings, landscape features should be used
to "link" the two buildings and attention should be given to the architectural
relationship of these two buildings.
Ford Park Management Plan Update 36
March 2012
The location of this building is very appropriate given it's proximity to the
Gardens. However, measures will need to be implemented that will minimize
vehicle trips to the lower bench and how winter access is provided.
�nection
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AIPP has an active program in Ford Park. The organization has placed
permanent art within the Park, the most recent being the Jesus Moroles
sculpture. AAIP also uses a portion of the Lower Bench for temporary/summer
exhibition space. AAIP has the opportunity to utilize other areas of the park.
However, any installation be it temporary or permanent will be evaluated with
respect to how it minimizes impacts on other existing facilities and uses in the
Park.
Ford Park Management Plan Update 37
March 2012
Service and Deliverv
The following initiatives are contemplated improve the efficiency of and minimize
the impacts from service and delivery functions within the Park
Central Trash Enclosure
A new central trash enclosure will replace an existing building and is planned at
the eastern corner of the parking lot. This is intended to be a fully enclosed
building which contains either a trash dumpster or compactor unit. All
leaseholders will utilize the central enclosure to dispose of trash generated at
their respective facilities. One of the underlying goals of this approach is to not
have trash truck traffic within the Park.
Amphitheater Deliveries
Amphitheater operations necessitate a significant number of deliveries, including
but not limited to 8-12 (on average) large semi-trucks each year and frequent
deliveries from food, beer and other vendors. Currently all trucks access the
Amphitheater from the west via Betty Ford Way, turn around in the amphitheater
plaza area and exit back to the west. This truck traffic in a highly pedestrianized
area is very undesirable.
The eastern portion of Betty Ford Way will be reconstructed to reduce steep
portions of the path. It will also be widened to facilitate deliveries by large trucks
and other vehicles to the Amphitheater and other functions on the Lower Bench.
A truck turning area will be provided in front of the amphitheater so that vehicles
can exit the Lower Bench the same way they entered. If this idea is pursued, two
alternatives are possible — one would be to design the plaza to accommodate
turning movements for all large trucks. The other would be to design the plaza to
accommodate all but the large semi-trucks. Either alternative would have
tremendous benefits toward minimizing vehicular traffic in the lower bench of the
Park. Overlooks with views to Gore Creek and the mountains will be provided
along east Betty Ford Way, which will also function as refuge areas for
pedestrians and bicyclists when trucks are moving down the path.
Access Road Management
The gate-controlled entrance to East Betty Ford Way is intended to limit vehicle
access to the Lower Bench. This gate/traffic control system is also utilized on the
west end of Betty Ford Way and should continue.
Vail Nature Center
The Vail Nature Center is located on the south banks of Gore Creek at the
southern end of Ford Park. The Nature Center is intended to be a natural
preserve and includes self-guided trails with a small interpretive center that
Ford Park Management Plan Update 38
March 2012
provides environmental and educational programs. Resolution #27 of 1987
documents the Town's intentions for how the Nature Center is to be managed.
No changes are contemplated for this area.
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Ford Park Management Plan Update 39
March 2012
Section 7: Capital Improvements Plan for Ford Park
This section outlines a five to ten year plan for making physical improvements to
the park. The final list of projects will be reviewed and coordinated with Ford Park
leaseholders, and adjacent property owners and must be validated through open
public participation. Ford Park projects and improvement costs are eligible for
Real Estate Transfer Tax funds and grant funding through Great Outdoors
Colorado.
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1. Park Storage/maintenance and restroom building
2. Outfield retaining wall
3. Multi-purpose area/enlarged sports fields
4. Enhances landscape and pedestrian environment along Betty Ford Way
5. Outfield fencing
6. Improved plaza and GRFA entry
7. Improved GRFA restrooms
8. Improved GRFA lawn seating
9. East GRFA restrooms
10. Walk to lower bench
11. North BFAG entry
12. BFAG Welcome Center
13.Overlook, walk and stair connection to lower bench
Ford Park Management Plan Update 40
March 2012
14.Outdoor seating area
15. Park Center — restrooms/concessions/information/weather shelter
16. Bus drop-off/park entry
17. Car drop-off
18. Parking/vehicle turnaround
19. East Betty Ford Way service/delivery drive with pedestrian overlook
20. Improved walk connection from parking lot
21. Expanded truck turnaround
22. Improved lower bench restrooms
23. Bus Shelter
24. Ford Family Tribute
25. Frontage Road parking
26. Enhanced landscape at park entry
27. Bleachers
28.Improved Streamwalk
29. BFAG expansion area
Ford Park Management Plan Update 41
March 2012
rowN oF vai� �
PLANNING AND ENVIRONMENTAL COMMISSION
March 12, 2012
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Luke Cartin
Pam Hopkins
Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Tyler Schneidman
MEMBERS ABSENT
Site Visits:
1. Morton and Bull Residence — 302 Hanson Ranch Road
5 minutes
A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3,
Bighorn Subdivision 4t" Addition, located at 4316 and 4336 Streamside Circle West, and
setting details in regards thereto. (PEC110063)
Applicant: Diamond Assets, represented by Triumph Development
Planner: Bill Gibson
ACTION: Table to April 9, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
5 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: Table to March 26, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
3. Approval of March 5, 2012 minutes
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Page 1
5 minutes
4. A request for the review of a minor exterior alteration, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of two bay
windows, located at 302 Hanson Ranch Road, Units 303/306 & 402/403 (Mill Creek
Court Building) /Lot 1, Block 5A, Vail Village Filing 5, and setting forth details in regard
thereto. (PEC120009)
Applicant: Bill and Mary Kay Morton & Nicholas and Katusha Bull
Planner: Rachel Dimond
ACTION: Approved with conditions
MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pratt recused)
CONDITIONS:
1. Prior to the issuance of a building permit, the applicants shall mitigate the
impacts on employee housing resulting from the construction of 76 square
feet of new gross residential floor area in accordance with the provisions of
Chapter 12-24, Inclusionary Zoning.
2. The applicant shall enter into an encroachment agreement with the Town of
Vail for improvements on Town of Vail property prior to issuance of any
certificate of occupancy.
Commissioner Pratt recused himself due to a conflict of interest and departed the
hearing.
Rachel Dimond presented an overview of the staff inemorandum.
Commissioner Pierce asked about the inclusionary zoning mitigation fees.
Sid Schultz, the applicant's representative, was available for questions.
There was no other public comment.
Commissioner Kurz noted his concern about the Town's adopted policy of charging
employee housing mitigation fees for the addition of bay windows.
5. Adjournment
MOTION: Kurz SECOND: Cartin VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the
public hearing in the Town of Vail Community Development Department. Please call (970) 479-
2138 for additional information. Sign language interpretation is available upon request with 24-
hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for
information. Published March 9, 2012, in the Vail Daily.
Page 2
Ad Name: 7701937A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your aCCOUnt number is: 1 �23233
v� n�y
PROOF OF PUBLICATION
STATE OF COLORADO }
}.�.�.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I ain a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the Couniy
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 weelcs 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 firsi publication of said
notice was in the issue of said newspaper dated 3/23/2012 and
that the last publication of said notice was dated 3/23/2012 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
04/03/2012.
�
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 04/03/2012.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
FAN�EL� J SGb4U4.TZ
Pdo�ar� PuUflc
5iat� aS Gulprndu
PLANNING AND ENVIRONMENTAL
COMMISSION
March 26, 2012
1:OOpm
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Members Present Members Absent
Site Visits:
1.Pord Park - 530, 540 & 580 South Frontage Road
East 60 minutes
45 minutes
1.An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the zoning administrator's de-
termination that an appeal form submitted by the
Vail Gateway Plaza Condominium Association on
January 4, 2012, was untimely, and therefore, can
not be heard by the Planning and Environmental
Commission. This determination was made in ac-
cordance with Section 123-3.3 of the Zoning Reg-
ulations of the Town of Vail. The Vail Gateway Pla-
za Condominiums are located at 12 Vail Road/Lot
N, Block 5D, Vail Village Filing 1.
Appellant:Vail Gateway Plaza Condominium Asso-
ciation, represented by Lansky, Weigler, and Por-
ter, P.C.
ACTION:
MOTION: SECOND:VOTE:
CONDITIONS:
30 minutes
2.A request for a recommendation to the Vail Town
Council for amendments to the Ford Park Man-
agement Plan, to allow for the construction oF vari-
ous improvements at Ford Park (realignment of
athletic fields, new restroom and concession build-
ings, new covered outdoor terrace, Gerald R. Ford
Amphitheater renovations, park entrance improve-
ments, Betty Ford Alpine Garden welcome center,
streetscape improvements, etc.) located at 530,
540, and 580 South Frontage Road East/Unplatted,
and setting forth details in regard thereto.
(PEC120006)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND:VOTE:
CONDITIONS:
5 minutes
3.A request for the review of amendments to a
conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town
Code, to allow for the construction of various im-
provements at Ford Park (realignment of athletic
fields, new restroom and concession buildings,
new covered outdoor terrace, Gerald R. Ford Am-
phitheater renovations, park entrance improve-
ments, Betty Ford Alpine Garden welcome center,
streetscape improvements, etc.) located at 53Q
540, and 580 South Frontage Road EasUUnplatted,
and setting forth details in regard thereto.
(PEC120003)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to April 9, 2012
MOTION: SECOND:VOTE:
CONDITIONS:
5 minutes
4.A request for a final recommendation to the Vail
Town Council for prescribed regulations amend-
ments to Title 12, Zoning Regulations and Title 14,
Development Standards, Vail Town Code, pursu-
ant 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: Table to April 9, 2012
MOTION: SECOND:VOTE:
CONDITIONS:
5.Approval of March 12, 2012 minutes
MOTION: SECOND: VOTE:
6.Information Update
7.Adjournment
MOTION: SECOND: VOTE:
The applications and information about the propos-
als are available for public inspection during regular
office hours at the Town of Vail Community Devel-
opment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
ment Department. 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 Impaired, for
information.
Community Development Department
Published March 23, 2012, in the Vail Daily.
(7701937)
Ad Name: 7651524A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your aCCOUnt number is: 1 �23233
v� n�y
PROOF OF PUBLICATION
STATE OF COLORADO }
}.�.�.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I ain a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the Couniy
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 weelcs 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 firsi publication of said
notice was in the issue of said newspaper daied 3/9/2012 and
that the last publication of said notice was dated 3/9/2012 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
03/13/2012.
�
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 03/13/2012.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
FAN�EL� J SG6HJ4.TZ
Pdo�ar� PuUflc
5iat� aS Gulprndu
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 March 26, 2012, at
1:00 pm in the Town of Vail Municipal Building, in
consideration of:
An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the mning administrator's de-
termination that an appeal form submitted by the
Vail Gateway Plaza Condominium Association on
January 4, 2012, was untimely, and therefore, can
not be heard by the Planning and Environmental
Commission. This determination was made in ac-
cordance with Section 123-3.3 of the Zoning Reg-
ulations of the Town of Vail. The Vail Gateway Pla-
za Condominiums are located at 12 Vail Road/Lot
N, Block 5D, Vail Village Filing 1.
Appellant:Vail Gateway Plaza Condominium Asso-
ciation, represented by Lansky, Weigler, and Por-
ter, P.C.
Staff: Matt Mire, Town Atrorney
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-
quesi, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
Published March 9, 2012, in the Vail Daily.
(7651524)