HomeMy WebLinkAbout2013-0128 PECTOWN OF VAIL�
MEMBERS PRESENT
PLANNING AND ENVIRONMENTAL COMMISSION
January 28, 2013 at 1:00 pm
TOWN COUNCIL CHAMBERS/PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Site Visit:
1. Fleeger Residence- 2950 Booth Creek Drive
2. Sundial Plaza- Lionshead Pedestrian Mall
MEMBERS ABSENT
20 minutes
A request for the review of a variance from Section 14-3-1,Table 2, Residential Access and
Parking Standards, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, to
allow for the construction of two street curb cuts for a single-family dwelling unit, located at 2950
Booth Creek Drive/Lot 2, Block 3, Vail Village Filing 11, and setting forth details in regard thereto.
(PEC120049)
Applicant: Matt and Candee Fleeger, represented by Berglund Architects
Planner: Rachel Dimond
20 minutes
2. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master
Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for the central
pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment
Master Plan and setting forth details in regard thereto. (PEC130001)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Rachel Dimond
20 minutes
3. A request for the review of a conditional use permit pursuant to Section 12-7H-5, Conditional
Uses; Generally (On All Levels of a Building), Vail Town Code, to allow for the construction of a
public park and recreation facilities (playground) at Sundial Plaza located within the Lionshead
pedestrian mall/Tract C, Lionshead 6`h Filing, and setting forth details in regard thereto.
(PEC120050)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Rachel Dimond
4. 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 redevelopment of the Vail Golf
Course Club House (i.e. accessory buildings, permanent and temporary, and uses customarily
incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for
the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage
buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and
Unplatted Parcels (a complete metes and bounds description is available at the Community
Development Department Office), and setting forth details in regard thereto. (PEC120036)
Applicant: Town of Vail, represented by Greg Hall
Planner: George Ruther
ACTION: Table to February 11, 2013
5. Information Update
Page 1
6. Adjournment
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. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. 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 January 25, 2013 in the Vail Daily.
Page 2
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TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION
January 28, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce
Henry Pratt
Luke Cartin
Pam Hopkins
Susan Bird
John Rediker
Michael Kurz
Site Visit:
1. Fleeger Residence- 2950 Booth Creek Drive
2. Sundial Plaza- Lionshead Pedestrian Mall
20 minutes
A request for the review of a variance from Section 14-3-1,Table 2, Residential Access and
Parking Standards, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, to
allow for the construction of two street curb cuts for a single-family dwelling unit, located at 2950
Booth Creek Drive/Lot 2, Block 3, Vail Village Filing 11, and setting forth details in regard thereto.
(PEC120049)
Applicant: Matt and Candee Fleeger, represented by Berglund Architects
Planner: Rachel Dimond
ACTION: Denied
MOTION: Kurz SECOND: Rediker VOTE: 5-2-0 (Hopkins and Bird opposed)
Rachel Dimond made a presentation per the staff memorandum.
Hans Berglund, representing the applicant, made a presentation showing the proposed plan and
the approved plan. He stated the second curb cut would have minimal impact to the street and
neighborhood. He stated that the design would preserve a tree and make the neighborhood
safer by allowing for cars to pull forward out onto the street and not back out onto the street.
There was no public comment.
Commissioner Hopkins stated she has heard concerns regarding curb cuts and has witnessed
snow plowing operations and visitor/guest having problems in driveways when pulling forward is
not possible.
Commissioner Bird spoke to her belief that it might be safer to have a circular driveway. She
added that if a duplex is permitted on the lot, but the owners are constructing a single dwelling
unit, it did not make sense to limit the site to a single curb cut.
Commissioner Rediker stated that he agreed with staff's findings to the criteria for a variance.
He added that a case was not made for a hardship that warranted approval of a variance.
Commissioner Kurz agreed with Commissioner Rediker and staff's responses to the criteria.
Page 1
20 minutes
2. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master
Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for the central
pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment
Master Plan and setting forth details in regard thereto. (PEC130001)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Rachel Dimond
ACTION: Recommendation of approval
MOTION: Kurz SECOND: Pratt VOTE: 7-0-0
Rachel made a presentation per the staff memorandum for items 2 and 3. She highlighted the
requests and the criteria, staff's findings, and actions needed on both applications.
Commissioner Kurz asked if the neighboring residential properties have been notified that a tot
lot would be placed on the site.
Gregg Barrie, Public Works Department, spoke to the merchant's association and Geoff Wright
of the Landmark. He was unable to reach Packy Walker of the Lift House, but noted that Kevin
Foley, a Lifthouse employee, was informed through Town Council. He stated he has not spoken
with any specific residential property owners.
Commissioner Bird asked about lighting at night.
Gregg Barrie responded that he anticipated low level lighting, but that it had not been determined
what, if any lighting would be included. He then continued by giving a power point presentation
highlighting the requests and the details of the proposed park design. He explained the existing
conditions and how the Town landed on the need to provide a children's play area. He spoke to
the need for green space in the Lionshead core and the anticipated tree replacement that would
occur.
Commissioner Pierce asked how the existing pedestrian connections for the surrounding
properties would be accommodated.
Gregg Barrie showed an image clarifying that all the existing access would remain.
Commissioner Bird asked about bicycle access from the pedestrian bridge into the core.
Gregg Barrie spoke to how people will be directed other ways from the most direct stairs into the
core. He continued by describing the artist's concept for the park. He discussed the materials
and the concept of allowing children to move through the playground without touching the ground
in order to play the game "hot lava monster."
Commissioner Pierce asked to see the site plan again in order to assess any impacts on the
adjacent retail in terms of the creation of a barrier.
Commissioner Pratt inquired as to the future of the existing public art.
Gregg Barrie stated that he believed the piece was on loan and would be going back to the artist.
Commissioner Bird asked about the park dedication to Chuck McLaughlin, a long-time local
killed in a car accident. She inquired if that dedication would be carried forward.
Page 2
Gregg Barrie stated he would look into the plaque and the previous dedication
Commissioner Bird asked for details on the water feature
Gregg Barrie explained the lighting and pop jets that were being anticipated and would be
presented to Council.
Commissioner Pratt spoke to the shade in the park on hot summer days. He raised a concern
about the proposed play surface (heat adsorbing) and the removal of mature trees that provide
shade. He asked about what can be done to reduce the heat and provide more shade.
Gregg Barrie spoke to the landscaping intent and the use of ash trees, which have a nice shade
canopy.
Commissioner Pratt suggested that the nests may be intimidating to younger children so he
suggested an internal stair on the site to allow children to access the upper level.
Gregg Barrie spoke to the height and design and how they are addressing that comment and
accessibility requirements.
Commissioner Kurz stated he supports the recommendation to change the master plan, but he
disagrees with creating a tot lot on the site. The density of the buildings around the site will not
work well with a noise generation from the tot lot. He supports opening up the park, but not the
tot lot incorporation.
Commissioner Rediker had no comment.
Commissioner Bird said she likes that the park is green today but the new design does not
incorporate enough green scape.
Commissioner Pratt highlighted his belief that playground use falls off at 5:00 so he does not
believe there is a noise concern.
Commissioner Cartin spoke to the existing fire pits and the fact there is not a need for an
additional fire feature.
Commissioner Hopkins stated she is a fan of all the town's parks. She suspects that the staff
could look at design options to change the play structure.
Commissioner Pierce stated his belief that noise in the evening would be minimal or of no
impact. He added a concern about reducing green space and increased rubber playground
surface.
Gregg Barrie spoke to the ability to use wood chips on the play surface.
Commissioner Pierce inquired as to the ability to push the park to the north in order to open up
the south side.
Gregg Barrie explained how the park has already been pushed north.
Commissioner Pratt asked where the nearest public restrooms were located
Gregg Barrie stated that they were down by the ice rink.
Page 3
Commissioner Pierce inquired as to the process moving forward and if anything would return to
the Commission.
Rachel Dimond explained that the amendments to the master plan would move forward to the
Town Council if a recommendation were made by the Commission and not return for any review.
She added that if an action were taken on the conditional use permit it would not return to the
Commission for review. The Design Review Board would be the final step in the review.
Gregg Barrie suggested that the Commission move forward with a recommendation on the
master plan amendment but table the conditional use permit so they can return with additional
details and information.
20 minutes
3. A request for the review of a conditional use permit pursuant to Section 12-71-1-5, Conditional
Uses; Generally (On All Levels of a Building), Vail Town Code, to allow for the construction of a
public park and recreation facilities (playground) at Sundial Plaza located within the Lionshead
pedestrian mall/Tract C, Lionshead 6`h Filing, and setting forth details in regard thereto.
(PEC120050)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Rachel Dimond
ACTION: Tabled to February 11, 2013
MOTION: Kurz SECOND: Cartin VOTE: 6-1-0 (Pratt opposed)
This item was discussed and reviewed with Item #2.
4. 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 redevelopment of the Vail Golf
Course Club House (i.e. accessory buildings, permanent and temporary, and uses customarily
incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for
the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage
buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and
Unplatted Parcels (a complete metes and bounds description is available at the Community
Development Department Office), and setting forth details in regard thereto. (PEC120036)
Applicant: Town of Vail, represented by Greg Hall
Planner: George Ruther
ACTION: Table to February 11, 2013
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
5. Approval of the January 14, 2013 minutes
ACTION: Approved with modification
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
MODIFICATION:
1. Commissioner Kurz requested that his statement be amended to read 4 to 1 instead of
40 to 1.
6. Information Update
Discussion on the February 11th agenda and the presentation by Jeff Winston.
7. Adjournment
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Page 4
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. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. 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 January 25, 2013 in the Vail Daily.
Page 5
0) rowN of Vain'
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 28, 2013
SUBJECT: A request for the review of a variance from Section 14-3-1, Table 2, Residential
Access and Parking Standards, Vail Town Code, pursuant to Section 14-1-5,
Variances, Vail Town Code, to allow for the construction of two street curb cuts
for a single-family dwelling unit, located at 2950 Booth Creek Drive/Lot 2, Block
3, Vail Village Filing 11, and setting forth details in regard thereto. (PEC120049)
Applicant: Matt and Candee Fleeger, represented by Berglund Architects
Planner: Rachel Dimond
I. SUMMARY
The applicants, Matt and Candee Fleeger, represented by Berglund Architects, are
requesting a variance from Section 14-3-1,Table 2, Residential Access and Parking
Standards, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, to
allow for two street curb cuts for a single-family dwelling unit, located at 2950 Booth
Creek Drive/ Lot 2, Block 3, Vail Village Filing 11.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department finds
there is no hardship present and that granting of a variance would be a grant of special
privilege. Therefore, the Community Development Department recommends denial of
the proposed variance, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicants are proposing to construct a new single-family residence at 2950 Booth
Creek Drive. They are requesting a variance from the curb cut requirements in Section
14-3-1, Table 2, Residential Access and Parking Standards, Vail Town Code, which
allows for "1 per street per unit." The applicant is requesting two curb cuts for the single-
family residence.
Per the applicant's request (see Attachment A), "this allows all existing mature spruce
trees along the road to remain. Without an additional curb cut the existing driveway will
be abandoned and in order for the proper turn around radiuses to be provided the new
driveway would be required to be located in between the two driveways such that a
significant existing tree would be required to be removed."
III. BACKGROUND
The subject property was a part of the original Town of Vail which became effective by
the election of August 23, 1966, and the court order of August 26, 1966.
The existing single-family residence was constructed in 1977 and significantly upgraded
in 1998.
On January 2, 2013, the Design Review Board approved a new single-family residence
at the subject property. The approved design included a single curb -cut in compliance
with Section 14-3-1, Table 2.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 12-17, Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of this
title as would result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site or the location of
existing structures thereon, from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or conditions in the
immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and site
dimensions, setbacks, distances between buildings, height, density control, building
bulk control, site coverage, usable open space, landscaping and site development, and
parking and loading requirements, or with respect to the provisions of chapter 11 of this
title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
Town of Vail Page 2
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, "Amendment", of this title.
TITLE 14: DEVELOPMENT STANDARDS
Chapter 14-1, Administration (in part)
14-1-1: Purpose And Intent: It is the purpose of these rules, regulations, and standards
to ensure the general health, safety, and welfare of the community. These rules,
regulations, and standards are intended to ensure safe and efficient development within
the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the
community at large. The development standards will help protect property values,
ensure the aesthetic quality of the community and ensure adequate development of
property within the town of Vail.
14-1-5: Variances: Variances to the development standards may be allowed when
practical difficulties and unnecessary physical hardships inconsistent with the purpose
and intent of the development standards exist. Variances from the development
standards shall be in accordance with title 12, chapter 17 of this code. The issuance of
a variance shall not compromise the safety of a site or structure.
Chapter 14-3: Residential and Commercial Access, Driveway and Parking Standards
14-3-1: MINIMUM STANDARDS: This section (tables 1 and 2) specifies the access,
driveway and parking standards for residential and commercial development. These
standards are subject to all conditions and exceptions described herein. These
standards shall be considered the minimum standards. When two (2) or more standards
conflict, the more restrictive standard shall apply.
TABLE 2: RESIDENTIAL ACCESS AND PARKING STANDARDS (in part)
StandardI Single -Family, Two- I Multiple -Family
Family,
Primary/Secondary
- Access to not more than 3
dwelling units (incl. EHUs)
- Structures and all portions
thereof within 150' from
edge of street pavement
Curb Cuts
-Access to 4 to 11
dwelling
units
- Feeder road only
Multiple -Family
- Access to more
than 11
dwelling units
- Feeder road only
Curb cuts 1 per street per unit 2 per parcel Minimum
permitted Maximum of 2 curb cuts necessary for
(number)ep r lot ladequate access
Town of Vail Page 3
UA
VI
SITE ANALYSIS
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Geological Hazards:
2950 Booth Creek Drive
Lot 2, Block 3, Vail Village Filing 11
Two -Family Primary/Secondary Residential District
Low Density Residential
Single-family residential
18,513 sq.ft. (0.425 acres)
None
Standard Allowed/Required Existing Proposed
Density
Dwelling units (DU) 2 DU 1 DU 1 DU
Curb cuts 1 per street per unit 1 curb cut 2 curb cuts
SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
Zoning
Primary/Secondary District
Natural Area Preservation District
Natural Area Preservation District
Primary/Secondary District
The review criteria for a variance request of this nature are prescribed by Chapter 12-
17, Variances, Vail Town Code, as follows:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes granting of a variance for two curb cuts would be a grant of special
privilege. Vail Town Code allows only one curb cut per unit per street to increase safety
through increased site distance and to allow for landscaping at the right-of-way, which
beautifies the street. The requested variance would allow two curb cuts for a single unit
on a residential street. Research showed no other variances for curb cuts in this
neighborhood. The addition of a second curb cut would provide increased pavement on
a street where green space provides buffers between structures and driveways. The
applicant states that a second curb cut is necessary to eliminate vehicles backing out
onto the street. However, the Town's regulations allow vehicles to back out onto the
road. Further, the applicant has received design review approval for a single curb cut in
conjunction with the newly designed single-family structure.
Town of Vail Page 4
Land Use
North:
Residential
South:
Stream Tract (Gore Creek)
East:
Stream Tract (Booth Creek)
West:
Residential
VII. REVIEW CRITERIA
Zoning
Primary/Secondary District
Natural Area Preservation District
Natural Area Preservation District
Primary/Secondary District
The review criteria for a variance request of this nature are prescribed by Chapter 12-
17, Variances, Vail Town Code, as follows:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes granting of a variance for two curb cuts would be a grant of special
privilege. Vail Town Code allows only one curb cut per unit per street to increase safety
through increased site distance and to allow for landscaping at the right-of-way, which
beautifies the street. The requested variance would allow two curb cuts for a single unit
on a residential street. Research showed no other variances for curb cuts in this
neighborhood. The addition of a second curb cut would provide increased pavement on
a street where green space provides buffers between structures and driveways. The
applicant states that a second curb cut is necessary to eliminate vehicles backing out
onto the street. However, the Town's regulations allow vehicles to back out onto the
road. Further, the applicant has received design review approval for a single curb cut in
conjunction with the newly designed single-family structure.
Town of Vail Page 4
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
On January 2, 2013, the applicant was granted design review approval by the Design
Review Board for a single- family residence design with one curb cut in compliance with
the Vail Town Code. Therefore, a second curb cut is not necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, all of which have
built single-family and two-family residences with one curb cut per unit. The applicant
stated in their application that they are requesting the variance to eliminate the need for
removal of one tree and so the owner does not have to back out onto the street.
Tree removal is permitted for "those essential for development of a site", per Section 14-
10-3, Site Planning, Vail Town Code. In some cases, new driveways required removal
of trees, which in most cases is mitigated with the planting of new vegetation on the site.
In many cases, trees are saved during development only to die soon after from disease
or construction stresses, making this potential hardship only temporary. The Design
Review Board approved the project with one curb cut that required the removal of the
subject tree. While tree protection is important, Staff finds the removal of a tree is not a
hardship and thus, is not an acceptable reason for granting a variance.
The Vail Town Code allows vehicles to back out of driveways. The Town has
determined driving head out is not necessary based on the type of street, the speed
limit and the need for adequate site distance from each driveway. Many properties in
the vicinity back out of their driveways. Since the project includes a complete
demolition and rebuild of the single-family residence, the driveway could be designed to
accommodate a turnaround within the property and without a second curb cut.
Staff believes that this proposal will not attain the objectives of Title 12, Zoning
Regulations, Vail Town Code, including:
• to promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets
• to conserve and maintain established community qualities and economic values
• to encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives
• to safeguard and enhance the appearance of the town
• to conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features
• to assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters
• to otherwise provide for the growth of an orderly and viable community.
Staff believes allowing two curb cuts for one dwelling unit would not achieve the
objectives of Title 14, Development Standards, Vail Town Code, which states:
"It is the purpose of these rules, regulations, and standards to ensure the
general health, safety, and welfare of the community. These rules,
Town of Vail Page 5
regulations, and standards are intended to ensure safe and efficient
development within the town of Vail for pedestrians, vehicular traffic,
emergency response traffic, and the community at large. The development
standards will help protect property values, ensure the aesthetic quality of
the community and ensure adequate development of property within the
town of Vail."
Staff finds that the proposed variance will constitute a grant of special privilege because
there is no hardship that would compel the granting of a variance.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff finds the requested variance will not affect light and air or distribution of population.
It will affect the adjacent roadway, Booth Creek Drive, by adding an additional
unnecessary curb cut to the street, which will reduce right-of-way landscaping. The
applicant is requesting this variance in part to allow for driving head on out of the
driveway. However, the Vail Town Code and Town policy do not require pulling head
out of driveways, even when bus routes are present (which they are not on this site).
The Town has determined driving head out is not essential because of limited traffic, the
residential street type, the speed limit and the ability to design a driveway that
accommodates on-site turn around areas.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
VIII. RECOMMENDATION
The Community Development Department recommends denial of this request for a
variance from Section 14-3-1,Table 2, Residential Access and Parking Standards, Vail
Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, to allow for the
construction of two street curb cuts for a single-family dwelling unit, located at 2950
Booth Creek Drive/Lot 2, Block 3, Vail Village Filing 11, and setting forth details in
regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII
of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission make
the following motion:
"The Planning and Environmental Commission denies the applicant's request for
a variance from Section 14-3-1, Table 2, Residential Access and Parking
Standards, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town
Code, to allow for the construction of two street curb cuts for a single-family
dwelling unit, located at 2950 Booth Creek Drive/Lot 2, Block 3, Vail Village Filing
11, and setting forth details in regard thereto."
Town of Vail Page 6
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission
makes the following findings:
'Based upon the review of the criteria outlined in Section Vll of the Staff
memorandums to the Planning and Environmental Commission dated January
287 2013, and the evidence and testimony presented, the Planning and
Environmental Commission finds.-
1.
inds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties in the vicinity.
2. The granting of this variance will be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 14, Development Standards, Vail
Town Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that does not apply generally to
other properties in the vicinity.
c. The strict interpretation or enforcement of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request and proposed site plan
C. Approved Architectural Plans, dated January 8, 2013
Town of Vail Page 7
Department of Community Development
DEC 2 8 2012 75 South Frontage Road
TOWN OF VAIL Vail, CO 81657
Tel: 970-479-2128
TOWN OF VAIL www.vailgov.com
Development Review Coordinator
Variance Request
Application for Review by the
Planning and Environmental Commission
General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and unneces-
sary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulations incon-
sistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may
result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or
physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or condi-
tions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall
not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at www.vailgov.com
The proposed project may also require other permits or applications and/or review by the Design Review Board and/or
Town Council.
Fee: $500
Description of the Request: To allow an additional curb cut to a new single family home. The existing driveway curb
cut will remain and a new curb cut would be placed to the east. This allows all existing trees to remain. With out an
additional curb cut the existing driveway will be abandoned and a significant existing tree would be removed.
Physical Address.• 2950 Booth Creek Drive
Parcel Number: 2101-034-05-007
Property Owner: Matt and Candee Fleeger
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Mailing Address: 6640 Spring Valley Rd. Dallas, TX 75254
Owner's Signature:
Primary Contact/ Owner
Phone: (214) 878-0333
Berglund Architects
Mailing Address: P.O. Box 2378 Edwards, CO 81632
Phone: (970) 926-4301
E -Mail: hans@berglundarchitects.com Fax: (970) 926-4364
For Office Use Only:
Cash, CC: Visa / MC Last 4 CC # Exp. mate: Auth # Check #�
Fee Paid: 500.00
Meeting Date:
Planner:
Received From: ^'C--KC.t Lu u.rn 1`�-R(,,I T FcT < LC
PEC No.: Pec l a u E g g
Project No: PR ,-Y 1 ;� -- o 6,9 9
Zoning: Land Use:
Location of the Proposal; Lot:Block: 3 Subdivision: V R i UI LL14r EE—FJLIA)4 )I
B E RG L U N E) ARCHITECTS, LLC
Planning and Environmental Commission,
Matt Fleeger, owner of 2950 Booth Creek Drive, Vail, CO 81657 (Lot 2, Block 3, Vail Village filing
11) proposes to tear down the existing house in order to build a new single family home. The
proposed home is currently designed to have the existing driveway curb cut to remain and a new
curb cut would be placed approximately 40' to the east. This allows all existing mature spruce trees
along the road to remain. Without an additional curb cut the existing driveway will be abandoned
and in order for the proper turn around radiuses to be provided the new driveway would be required
to be located in between the proposed two driveways such that a significant existing tree would be
required to be removed.
The Town development standards do allow a maximum 2 curb cuts per lot for PS zoning per
Section 14-3-1. It does also state that only 1 per street per unit. If this was to be developed as a two
dwelling unit home the logical driveway would be designed as proposed.
The road and site have gentle slopes so no significant re -grading is required for the second curb
cut. There is actually less re -grading for the driveway with the second curb cut. There are
examples of other single family properties in the town with two driveway cuts.
The impact of this additional cut to surrounding properties will be minimal in that the project is
located towards the end of a dead end street and traffic is low volume. The project is not located on
a bus route. The ability to keep the existing trees and existing driveway cut will help maintain the
current aesthetic of the site and keep the impact of the new construction to a minimum for the
surrounding areas.
Sincerely,
9"',
Hans Berglund
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
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Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 28, 2013
SUBJECT: A request for a recommendation to the Vail Town Council for an amendment to
the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption
and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, tc
amend the recommendations for the central pedestrian plaza (Sundial Plaza) in
Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan and
setting forth details in regard thereto. (PEC130001)
A request for the review of a conditional use permit, pursuant to Section 12-7H-5,
Conditional Uses; Generally (On All Levels of a Building), Vail Town Code, to
allow for the construction of a public park and recreation facilities (playground) at
Sundial Plaza, located within the Lionshead pedestrian mall/Tract C, Lionshead
6t" Filing, and setting forth details in regard thereto. (PEC120050)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Rachel Dimond
I. SUMMARY
The applicant, the Town of Vail, represented by Gregg Barrie, is requesting the
following:
• Amendments to the Lionshead Redevelopment Master Plan to amend the
recommendation for the central pedestrian plaza in Section 5.8.6, Plazas and
Nodes to allow for a public park at Sundial Plaza.
• Conditional use permit for "public park and recreation facilities" at Sundial Plaza,
including playground features, a climbing wall and a water/fire feature with
seating.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, and subject to the findings noted in Section VIII
of this memorandum, the Community Development Department recommends the
Planning and Environmental Commission:
• Forwards a recommendation of approval to the Vail Town Council for the
proposed amendments to the Lionshead Redevelopment Master Plan.
• Approves, with conditions, a conditional use permit for public park and
recreation facilities at Sundial Plaza.
II. DESCRIPTION OF REQUEST
The applicant is requesting amendments to the Lionshead Redevelopment Master Plan
as follows:
Additions are in bold; deletions are in stFil%thFeugh.
5.8.6 Plazas and Nodes
Dynamic pedestrian plazas and nodes are encouraged at each significant
intersection in the retail core. Successful plazas are those that have good sun
exposure, that are located on primary pedestrian corridors, and that are properly
proportioned to encourage seating, eating, gathering and events. Successful
nodes are concentrations of activities, landmarks and spaces where people want
to congregate. Focal elements such as fountains, landscaping, and public art
help to give each node a unique identify and serve as visual reference points. A
fundamental objective of the master plan is to introduce these qualities in the
Lionshead core.
The central Lionshead public plaza (shown in Figure 5-10) was previously
considered to be at Sundial Plaza. However, the design of the Arrabelle
incorporated an ice rink with surrounding retail and restaurant shifted the
central Lionshead public plaza to the south. This allows for Sundial Plaza
to be repurposed from a previously recommended infill building with an ice
rink to a public park. Sundial Plaza serves as the only green space in the
center of Lionshead. The pedestrian connection between the First Chair
Employee Housing at the North Day Lot and the pedestrian mall through
Sundial Plaza should be snowmelted and rerouted for optimal views (see
view corridor #4) and access. Sundial Plaza presents an opportunity for a
public park in the Lionshead Retail Core and will provide a public
recreational amenity to serve as a stand alone attraction and as an activity
to compliment the retail and restaurant experience within Lionshead.
Town of Vail Page 2
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Town of Vail Page 3
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Town of Vail Page 3
Figure 5-10- Central Lionshead Pedestrian Plaza
1 ISki yard
Secondary 1pedestri
Pedestrianx
Flow Pattern #*—* A
rimary Pedestrian Bldg.D
low Pattern ' Arrabelle
Bldg. a
at V�' quare Redeveloped core
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Sundial Plaza
Lifthouse Landmark Significant Grade
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i Lionshead
Sundial Plaza North Lionshead
'ublic Park - --_- Pedestrian Portal
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Town of Vail Page 4
CONDITIONAL USE PERMIT:
The applicant is requesting a conditional use permit for public park and recreation
facilities for a new park at Sundial Plaza with the following amenities:
• Climbing wall
• Three playground features
• Water/fire feature with seating
• Soft rubber playground surface
• New vegetation to screen, shade and enhance the park
• ADA access to playground area via ramp
• Rerouted snowmelted stairway connecting the frontage road, First Chair
Employee Housing and the pedestrian bridge to the Lionshead pedestrian area
III. BACKGROUND
The subject property was a part of the original Town of Vail which became effective by
the election of August 23, 1966, and the court order of August 26, 1966.
In 2008, the Vail Town Council instructed Staff to locate and build a park in Lionshead.
After examining all town -owned locations, Sundial Plaza was selected as the only
adequate location for a public park. The Vail Town Council has approved funding for a
park in Sundial Plaza as part of the 2013 Municipal Budget.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART)
ARTICLE 12-7H. LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT
12-7H-1: PURPOSE: The Lionshead mixed use 1 district is intended to provide sites for
a mixture of multiple -family dwellings, lodges, hotels, fractional fee clubs, timeshares,
lodge dwelling units, restaurants, offices, skier services, and commercial establishments
in a clustered, unified development. Lionshead mixed use 1 district, in accordance with
the Lionshead redevelopment master plan, is intended to ensure adequate light, air,
open space and other amenities appropriate to the permitted types of buildings and
uses and to maintain the desirable qualities of the zone district by establishing
appropriate site development standards. This zone district is meant to encourage and
provide incentives for redevelopment in accordance with the Lionshead redevelopment
master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
Town of Vail Page 5
increases in allowable gross residential floor area, building height, and density over the
previously established zoning in the Lionshead redevelopment master plan study area.
The primary goal of the incentives is to create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead redevelopment master
plan. Additionally, the incentives are created to help finance public off site
improvements adjacent to redevelopment projects. With any development/
redevelopment proposal taking advantage of the incentives created herein, the following
amenities will be evaluated: streetscape improvements, pedestrian/bicycle access,
public plaza redevelopment, public art, roadway improvements, and similar
improvements.
CHAPTER 12-16: CONDITIONAL USES PERMITS
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
LIONSHEAD REDEVELOPMENT MASTER PLAN (IN PART)
Chapter 4: Master Plan Recommendations - Overall Study Area
4.10: Gateways, Landmarks, and Portals
The lack of spatial hierarchy or organizational clarity is a fundamental problem in the
Lionshead pedestrian and vehicular network today. This section discusses the need to
create a series of gateways, portals, landmarks and useful public spaces that will
increase and enhance the character and identity of the pedestrian environment.
4.10.1 Gateways and Portals
Gateways and portals are elements that signify important points of entry and
transition and serve to reinforce the identity and functionality of both. They are
announcements of direction and relative importance. Gateways can be created
using building forms, landscaping, paving patterns, or signage. Portals and
gateways are discussed in the architectural design guidelines (see chapter 8).
The creation of gateways and portals is encouraged as a basic component of
redevelopment, especially in transition areas between different domains, or
public, semi-public, and private areas. A change in the hierarchy of the
surrounding environment should be announced and well delineated. There are
several critical locations where gateway and portals need to occur (see Map R).
Town of Vail Page 6
4.10.1.2 Pedestrian Portals/ Gateways
Four primary pedestrian portals are critical to establishing the character
and identity of Lionshead (see Map T): 1) the pedestrian entry on the
west end of the parking structure, 2) the top of the -grade transition from
the North Day Lot into the retail mall; 3) the intersection of West
Lionshead Circle and Lionshead Place at the western end of the retail
mall; and 4) the transition between the ski yard and the retail mall.
4.10.2 Landmarks
A landmark is a significant architectural element that all the visitors to Lionshead
can identify and remember. Landmarks signify important points of entry, turning
points and critical intersections in the pedestrian network, as well as destinations
and visual reference points. The single landmark in Lionshead today is the
Gondola clock tower, which will be replaced with the Vail Associates core site
redevelopment. Appropriate locations for new landmarks in Lionshead are the
east pedestrian portal, the central retail mall adjacent to the main pedestrian
plaza, and the west pedestrian portal adjacent to the intersection of West
Lionshead Circle and Lionshead Place. In addition, the potential civic center
complex at the east end of the parking structure should function as a significant
architectural landmark for the east end of Lionshead.
4.10.3 Public Art
Through the Art in Public Places board, the Town of Vail has long recognized the
importance of public art in pedestrian environments. Future development and
redevelopment projects in Lionshead, especially projects impacting the retail mall
and primary pedestrian environments, should seek to incorporate public art
according to the Town of Vail Art in Public Places Master Plan (not adopted as of
the writing of this document). Pedestrian circulation systems, portals and
-gateways, landmarks, pedestrian plazas and architecture all present
opportunities to incorporate public art.
4.10.4 Youth Recreation
Throughout the master plan process there was public input regarding the need
for both indoor and outdoor non -skier related recreation opportunities for children
and youth. Since the removal of the play -ground south of Gore Creek in
1995, the only such activities include the Vail Associates putt -putt -golf
course and the open play field of the ski yard. As the redevelopment of
Lionshead pro-gresses the creation of a pro-grammed children's play area
should be a community priority. Pro-grammatic components of such as
Play area could include "tot -lot" play equipment, a volleyball court, swin-g
sets, and creative play structures. Landscapinq, benches, and picnic
tables should also be integrated into the design such a play area. The
location of such a play area will need to be readily accessible from the
Lionshead pedestrian mall area and the Gore Creek recreation path, and
will require good southern solar exposure. In addition to the play area
described above, the potential of integrating children's play areas into the
Lionshead pedestrian retail mall should be considered when improvements
Town of Vail Page 7
to the mall are made. Good examples of such play areas can be found in the
Aspen, Breckenridge, and Boulder pedestrian retail districts.
5.8 Lionshead Retail Core
The Lionshead retail core (see figure 5-8) is comprised of the Vail Associates core site,
the surrounding pedestrian mall environment, and the retail faces of adjacent buildings.
This central area is the heart and soul of Lionshead and constitutes the most critical
area for public and private improvements. The Vail Associates core site represents the
most likely near-term redevelopment project, but it is essential that the Town of Vail take
all available steps to encourage and facilitate other efforts to enhance and redevelop
the retail core. Specific recommendations are as follows:
5.8.1 Build -To Lines
A significant problem in the retail mall today is the excessive distance between
opposing retail faces, which causes pedestrians to interact with only one side of
the street. To remedy this, build -to lines are recommended (see Map S) to
create a continuous, well-defined retail experience in which all ground floor
spaces directly address the pedestrian street. Of special note, the corridor
defined by the build -to lines between the existing Landmark retail and Sunbird
Lodge is centered on Tract C. In other words, the build -to lines in this east -west
corridor will impact both the Vail Associates property and the Landmark Retail
property equally.
5.8.2 Ground Level Retail Expansion Opportunities
Ground floor retail expansion should be encouraged on existing structures that
do not currently extend to their designated build -to lines and are not likely to be
completely redeveloped. The most significant places for ground floor retail
expansion are the east face of the Vail 21 building and the south and west faces
of the Lionshead Arcade building.
5.8.3 Pedestrian Connections Through the Core Site
There is a critical north -south pedestrian connection between the ski yard
and the proposed transportation and skier drop-off uses on the North Day
Lot. This connection will require at least one north -south penetration
through the Vail Associates core site, and there is an opportunity to create
a second one, as shown in figure 5-9. The east -west pedestrian corridor
originating at the east Lionshead pedestrian portal should also be extended into
the Vail Associates core site, connecting with the north -south corridors. These
connections should be part of the "primary retail mall" (see site design guidelines,
chapter 6) to reinforce the village character of the core. It is not necessary that
flanking architectural forms be completely separated in order to define pedestrian
corridors. Instead, opportunities to create significant architectural portals are
encouraged to highlight the transition from one public space into another.
5.8.4 Hierarchy of Pedestrian Space
The Lionshead retail core is composed of a hierarchy of primary and secondary
pedestrian corridors and spaces (see site design guidelines, chapter 6), shown in
figure 5-9. While both are important to the total retail environment, the primary
Town of Vail Page 8
should read as the dominant pedestrian flow pattern. Transitions between these
different domains should be well defined.
5.8.5 Retail Space Allocation
A primary goal of the Lionshead Master plan is to increase both the amount and
the quality of retail space in the pedestrian core. The sunny south -facing sides of
buildings (for example, at the Lifthouse Lodge and the creek side of the VA core
site) are ideal for restaurants. The shadier north -facing sides are more
appropriate for retail uses that do not benefit as much from a direct relationship
with the outdoors. Use of ground floor commercial space for offices is not
recommended on the primary pedestrian mall; these businesses should be
located instead on the second story or outside the main pedestrian corridor.
5.8.6 Plazas and Nodes
Dynamic pedestrian plazas and nodes are encouraged at each significant
intersection in the retail core. Successful plazas are those that have good
sun exposure, that are located on primary pedestrian corridors, and that
are properly proportioned to encourage seating, eating, gathering and
events. Successful nodes are concentrations of activities, landmarks and
spaces where people want to congregate. Focal elements such as
fountains, landscaping, and public art help to give each node a unique
identify and serve as visual reference points. A fundamental objective of
the master plan is to introduce these qualities in the Lionshead core.
The central Lionshead public plaza, for example (shown in figure 5-10),
presents an opportunity to create a vibrant center of activity surrounded by
active retail and restaurant spaces and animated with an ice rink. The
development of a small infill building at the north edge of the plaza is
recommended to define the space and introduce additional retail
opportunities. The building could incorporate an underground service and
delivery corridor to the North Day Lot transportation center. A food and
beverage operation on a rooftop deck over this structure could provide a
unique vantage point marking the new north Lionshead pedestrian portal
and opening views into the central Lionshead plaza and up to the
mountain_
Because the Lionshead pedestrian mall is also an emergency vehicle access
corridor, its proportions and the design of the elements within it must
accommodate the turning movements and clearance requirements of fire trucks
and other large vehicles.
5.18 North Day Lot
At the time the Lionshead Redevelopment Master Plan was adopted the North
Day Lot was identified as a potential location for a central transit facility. During
subsequent study of the site in 2008 and 2009 it was determined that the Town
would not pursue locating a transit center on this site. In lieu of a transit center
the North Day Lot has been programmed to provide affordable housing along
with a skier drop-off parking lot.
Town of Vail Page 9
LION SHEAD ARCADE
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Town of Vail Page 10
PRBVJtY PEDF9TRLVX COURMRS
S EONDARY PEDESTRLAN CORRIDORS
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Town of Vail Page 11
SECONDARY PEDESTRIAN
PLOW PATTERN
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Town of Vail Page 12
V.
View Corridor #4
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
Site Area:
Lionshead Pedestrian Mall
Tract C, Lionshead 6" Filing
Lionshead Mixed Use 1 District
Lionshead Redevelopment Master Plan
Green space/Walkway
None
Proposed park area approx. 13,000 square feet
VI. SURROUNDING LAND USES AND ZONING
North
South
East:
West:
Town of Vail
Land Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Zoning
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Page 18
VII. CRITERIA FOR REVIEW
According to the Lionshead Redevelopment Master Plan, amendments to the Master
Plan must address the following review criteria:
1. How have conditions changed since the plan was adopted?
Since the adoption of the plan, many elements of the plan have been address by
redevelopment projects. The Arrabelle was constructed with an ice rink in a different
configuration than detailed in the exhibits in the Lionshead Redevelopment Master
Plan by moving the elements of a public plaza programmed for Sundial Plaza. The
recommendations include building an ice rink at the central Lionshead public plaza
(shown as Sundial Plaza) and an infill building in the hillside at Sundial Plaza
between the Landmark and the Lifthouse. Instead, an ice rink with strong retail
surrounding it was constructed at the Arrabelle, which is now the de facto central
Lionshead public plaza instead of Sundial Plaza. The North Day Lot
recommendations changed from a transit center to employee housing and skier drop
off. Employee housing was constructed on the site, and skier drop off was moved to
the Lionshead Parking Structure. The walkway between the North Day Lot and the
pedestrian mall remains a pedestrian thoroughfare to connect the pedestrian bridge,
First Chair, Billy's Island Grill and the pedestrian mall.
2. How is the plan in error?
The Lionshead Redevelopment Master Plan is not in error. With all that has
occurred, it is necessary to adjust the recommendations to reflect current conditions
and future needs. The Lionshead Redevelopment Master Plan provides
recommendations for the Lionshead Retail Core, which consists of the Vail
Associates Core Site (now the Arrabelle), the surrounding pedestrian mall
environment, and the retail faces of adjacent buildings. The recommendations
include building an ice rink at the central Lionshead public plaza (shown as Sundial
Plaza) and an infill building in the hillside at Sundial Plaza between the Landmark
and the Lifthouse. Instead, an ice rink with strong retail surrounding it was
constructed at the Arrabelle, which is now the de facto central Lionshead public
plaza instead of Sundial Plaza. Commercial infill is unnecessary due to the influx of
redevelopment and new commercial space in Lionshead. Further, the plan does not
contemplate the Town's interest in using Town owned property for public uses
instead of commercial infill. There is a need for a centrally located park in Lionshead
that is not being met. Vail Village has numerous pocket parks but Lionshead does
not have similar amenities. The plan recommends park space within the Lionshead
retail core, but does not specify a location for such park space, and Sundial Plaza is
the only publicly -owned location suitable for a centrally located park space in the
Lionshead retail core.
3. How would an addition, deletion, or change to the plan be in concert with the
plan in general?
Town of Vail Page 19
The proposed amendments are in concert with the Lionshead Redevelopment
Master Plan policy objectives, plan objectives and specific recommendations. By
recommending a park at Sundial Plaza within the core of Lionshead, the proposed
amendments help to fulfill policy objective 2.3.1, which states, "Lionshead can and
should be renewed and redeveloped to become a warmer, more vibrant environment
for guests and residents." The amendments recommending a park instead of
commercial infill also fulfills policy objective 2.3.2, which states, "We must seize the
opportunity to enhance guest experience and community interaction through
expanded and additional activities and amenities such as performing arts venues,
conference facilities, ice rinks, streetscape, parks and other recreational
improvements." The proposed amendments are in concert with the Lionshead
Redevelopment Master Plan objective to create and enhance the north -south
connection between the gondola ski yard and the North Day Lot and the specific
action to "create new walkways and plazas and replace deteriorated pavements."
The central Lionshead public plaza has moved to the Arrabelle, so an ice rink has
already been constructed as recommended. Further, a public park at Sundial Plaza
would activate the space similar to the intent of the recommended ice rink. The
public park would also be in concert with Section 4.10.3, Public Art and 4.10.4,
Youth Recreation (see Section IV of this memorandum), by providing a playground,
climbing wall and water feature that doubles as public art. While a public park would
replace any commercial infill of the property, the commercial infill at the Arrabelle
surrounding the ice rink eliminates the need to infill Sundial Plaza with a commercial
building. Instead, it provides a space to recreate and ensures a visual connection
between the north side of the property and Vail Mountain.
CONDITIONAL USE PERMIT:
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the
Town.
The Town has established development objectives including enhancing the
livelihood of the commercial cores, as well as providing new experiences and
options for guests. Another development objective is to create pedestrian
connectivity into and within the commercial cores. A third objective is to provide
park and recreation space throughout the town. The proposed park meets the
above objectives.
This public park furthers the vision of the Vail 20/20 Strategic Plan, where the
community vision called for Vail to be a "premier mountain resort community...
achieved through world-class recreational.. opportunities."
The Lionshead Redevelopment Master Plan pedestrian circulation recommendations
in Chapter 1 include the following:
Town of Vail Page 20
Develop, with public-private cooperation, two continuous pedestrian axes
(north -south and east -west) through Lionshead. Create new walkways and
plazas and replace deteriorated pavements.
Install a snowmelt system in the Lionshead pedestrian mall.
Create a new north Lionshead pedestrian portal in conjunction with
development of a public transportation facility on the North Day Lot.
The proposed public park and recreation facility, with a new snowmelted walkway
connecting the North Day Lot to the pedestrian mall is clearly consistent with the
above recommendations.
2. The effect of the use on light and air,
facilities, utilities, schools, parks and
facilities needs.
distribution of population, transportation
recreation facilities, and other public
Staff believes the proposed park does not impact transportation facilities, utilities and
schools. It does provide a much needed parks and recreation facility in Lionshead
and will serve as a destination, thus potentially shifting pedestrians to this area.
Further, the design will allow for continued light and air at the subject and
surrounding properties.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff believes the proposed public park does not impact congestion, automotive
safety, traffic flow and control, access and maneuverability. The proposed park
does positively impact pedestrian safety and the removal of snow from the street,
with the inclusion of a new snowmelted walkway from the North Day Lot to the
pedestrian mall. Pedestrian convenience is improved with a straightened walkway
with an improved visual connection to Vail Mountain from the North Day Lot. The
improvements do not encroach into adopted View Corridor #10, which is a view to
Vail Mountain from the top of the stairs adjacent to the North Day Lot.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff believes that the proposed public park will improve the character of the area by
providing a playground that doubles as public art within the core of Lionshead. The
park will provide free recreational amenities including playground equipment, a
climbing wall and a water/fire feature with seating to the public that will be both a
destination and an additional side activity to compliment the adjacent shopping,
restaurants, the Gore Valley Trail, the ski yard, mini golf and activities on Vail
Mountain. The scale and bulk of the playground structures, which include three
elements roughly 15 feet tall, serves as a compliment to the varied architectural
styles of the adjacent mixed use buildings.
Town of Vail Page 21
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments to the Lionshead Redevelopment Master Plan.
Staff's recommendation is based upon a review of the criteria and findings as outlined in
this memorandum and from the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request; the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval for proposed amendments to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8,
Adoption and Amendment of the Master Plan, Lionshead
Redevelopment Master Plan, to amend the recommendations for
the central pedestrian plaza (Sundial Plaza) in Section 5.8.6,
Plazas and Nodes, Lionshead Redevelopment Master Plan and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of the applicant's request, staff recommends that the
following findings be made as part of the motion:
"The Commission finds that the proposed amendments to the
Lionshead Redevelopment Master Plan comply with the review
criteria outlined in Section VI of the memorandum to the Planning
and Environmental Commission, dated January 28, 2013, and that
the amendments, as proposed, further the goals, objectives and
policies, as stated in Chapter 2 of the Lionshead Redevelopment
Master Plan."
CONDITIONAL USE PERMIT:
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning an Environmental Commission approves, with conditions,
a conditional use permit to allow for a public park and recreation facility at Sundial
Plaza.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission passes the following motion:
"The Planning and Environmental Commission approves the request for a
conditional use permit, pursuant to Section 12-7H-5, Conditional Uses, Generally
Town of Vail Page 22
(On All Levels of a Building), Vail Town Code, to allow for the construction of a
public park and recreation facilities (playground) at Sundial Plaza located within
the Lionshead pedestrian mall/Tract C, Lionshead 6t" Filing, and setting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission requires the following condition:
"The associated Lionshead Redevelopment Master Plan amendments shall be
adopted by the Vail Town Council prior to construction of a public park and
recreation facility."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VII of the Staff
memorandum to the Planning and Environmental Commission dated January 28,
2013, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permit is in accordance with the purposes of the
Zoning Regulations and the Lionshead Mixed Use 1 District.
2. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Existing and proposed site plans
C. Artist renderings of public park
Town of Vail Page 23
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IE
George S. Lamb D LSC
3130A Booth Falls Court JAN 2 3 2013
Vail, CO 81657 q. 1(S
TO: Vail PEC Board of Directors
FROM: George Lamb
RE: Proposed Vail Golf Course Expansion
"Materially Injurious"
In June I wrote a letter to the TOV Council regarding my on-going disappointment over
the second home owners lack of representation and even, ill treatment over the years. My
comments came with some experience having been on "your" side of the table as a past
member of the PEC and Chairman of the DRB and as a Vail resident for over 40 years.
My letter was precipitated by the now on-going controversy over the Vail golf clubhouse
expansion.
The vote to authorize the use of conference center funds versus returning them seemed
quite benign. Similarly, the June TOV application to the PEC to change the zoning
around the golf clubhouse also seemed non -controversial. However, and likely unknown
at the time by the PEC, and certainly unknown to the surrounding neighbors, much in-
depth study had already been given to the expansion of both the clubhouse and parking.
When the golfing community and the neighbors became aware of these dramatic changes,
they voiced their negative reaction from both a golfer's view of a compromised golf
course to the neighbor's concern of a materially compromised residential environment.
The TOV has undertaken a very calculated campaign of hosting various public meetings
in an effort to appear to placate both groups. Although the golfers may not be totally
satisfied with the current situation, their concerns have been tempered. The neighbors on
the other hand have been told "if you don't like it, move...", and consequently they have
been forced to hire expensive legal representation... the project has been delayed, yet the
TOV is seemingly forging ahead.
So here we are today...
Isn't it terrific having attorneys sitting in the audience or advising you behind the scene?
I was most impressed with your January PEC meeting during which some very germane
questions were raised. Some of you felt it necessary to recuse yourselves, which I respect;
however I view the overriding issue is more one of neighborhood compatibility versus a
client conflict.
The primary question the TOV is now asking you to consider is whether the golf course
expansion project, as proposed, would be "materially injurious" to the neighborhood. As
an active Vail real estate broker for over three decades, my answer would be a
resounding — YES. To actually quantify the specific economic/dollar negative impact to
properties along Sunburst Drive and the Golf Course town homes in particular is
somewhat subjective, and as I recall the PEC and DRB are charged not to necessarily
consider the economics. However the resulting negative consequences of the current
proposed project would most certainly be material both in perception and from an
environmental, visual and congestion prospective.
Unlike the Donovan Pavilion, which reportedly the golf clubhouse expansion is
attempting to emulate, or even exceed in scope and functionality, the golf course is
surrounded by a vibrant residential neighborhood. The proposed expansion would be
forcing further non -compatible commercial activities into an already overly congested
area.
Another major concern of this proposed expansion is parking and the management of any
viable plan to mitigate increased traffic. The TOV had apparently acquiesced to the
concept of not converting the current 18th green into additional parking. A parking
management plan typically appears quite feasible on paper, however; I can point out a
number of such proposals which have been implemented such as valet and off-site busing
which became impractical, ignored, and unenforceable and were pre -ordained to failure
and abuse.
In summary, the TOV should abide what their constituents thought they were approving
relative to the conference funds by improving the existing golf club house versus
compromising the golf experience and compatible functions as set forth with the Pulis
covenants.
This is not the venue to question the economic viability of creating a new
conference/wedding pavilion which would be in direct competition of other private
existing and new facilities throughout Vail. Rather the TOV should set an example by
being very transparent in their application and overly sensitive to any negative impacts to
an existing residential neighborhood, whether such application is materially injurious or
not.
Respectfully submitted,
HOLLAND&HART,.
A W
Via E-mail to Kendra Carberry, Esq.
January 23, 2013
Planning and Environmental Commission
of the Town of Vail
75 South Frontage Road West
Vail, CO 81657
Re: Vail Golf Course and Event Center/Golf Clubhouse Proposal
Members of the Commission:
Christopher H. Toll, P.C.
Phone 303-290-1637
Fax 303-975-5300
CToll@hollandhart.com
In connection with the Town of Vail's application for a conditional use permit ("CUP"),
we represent (or speak on behalf of) the owners of ten properties on Sunburst Drive, adjacent to
the Vail Golf Course.
At the January 14, 2013, PEC meeting, several of you expressed many of the same
concerns with the current proposal that the Sunburst Drive community has. This letter will
comment on the particular concerns you expressed during that meeting and reemphasizes that
many other significant issues still exist.
1. No Viable Solution Exists for the Parking Problems the Town's Application Raises.
As was evidenced at the January 14, 2013 PEC meeting, no practical parking plan can
accommodate the Town's events center. The Town is trying to overdevelop a site that simply
does not have the capacity to handle the Town's plans. As a representative of the Town made
clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15
times a year, parking and traffic congestion are still problems when the slightest unforeseen
wrinkle occurs. The Town is now attempting to raise the number of events to somewhere
between 65 and 100 at the same time it is trying to increase the size of those events. It is
irrational to think it can do so and avoid the traffic and parking problems it is already
experiencing.
The Town has proffered a number of parking plans, none of which has been viable. The
latest, which the Town claims is feasible, only works by ignoring key realities and assuming
' In its initial estimates, the Town indicated that the events center would likely host close to 100 events per year.
After resistance from the community, it revised that number to 65, but the initial estimates were likely more realistic.
The Town is hoping to build a premier wedding venue, and that space will attract users.
Holland & Hart LLP Attorneys at Law
Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com
6380 S. Fiddlers Green Circle Suite 500 Greenwood Village, CO 80111
Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tedi Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.
HOLLAND&HART. Planning and Environmental
` " t LAW OUT WEST �" Commission of the Town of Vail
January 23, 2013
Page 2
perfect conditions, and even then it requires elaborate efforts, such as on-site valet parking, off-
site valet parking, and shuttling. But because the Town's plan will stretch the property beyond
its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The
slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst
Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers
than expected, families hoping to park near the golf course for an evening stroll along
Sunburst—any one would create a malaise of traffic, safety, and congestion concerns. The Town
is asking the PEC to approve its application on the assumption that no other variable will ever
occur. It is not a realistic assumption.
In sum, the neighborhood was not designed to host what the Town wants. Even if the
size of the parking lot were not an issue, the increased traffic would still cause the same safety,
congestion, and noise concerns because the Town is trying to fit a commercial enterprise into the
heart of a serene residential neighborhood. It simply does not fit.
2. Parking Is Not the Only Issue
We reiterate that parking is not the only problem with the Town's plan. The Town's
intended uses raise a number of issues, including safety concerns for pedestrians and cyclists
along Sunburst Drive, the potential that fire and emergency personnel will not be able to access
Sunburst Drive during large events, the Town's inability to enforce crowd control methods, lack
of on-site law enforcement, and the Town's discretion to put up tents on the 18th fairway. Our
letter of November 20, 2012, explains each of these problems in more detail, and we refer you to
it.
The bottom line is that the Town is trying to increase the use of a property that simply
does not have the capacity. The events center is the wrong project for this parcel of land. Even
today, when only 15 events per year occur, members of the Sunburst Neighborhood occasionally
must call the police to deal with attendees. When the number of events increases by 6 or 7 fold,
and the events themselves swell in size, the problems will mount proportionately.
3. The Town's Plan Violates the Town Code
Vail Municipal Code § 12-16-6.B provides that "before granting a conditional use
permit," the "planning and environmental commission shall" find "that the proposed location of
the use and the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity." This language prevents approval of the Town's application for
two reasons.
First, the proposed location of the use will be detrimental to the public health, safety, or
welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive
HOLLAND&HART. Planning and Environmental
` " t LAW OUT WEST �" Commission of the Town of Vail
January 23, 2013
Page 3
for activities such as family walks, family bike rides, cycling, and other outings. If the golf
course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees
trying to find their own parking along Sunburst Drive, many of those using Sunburst Drive will
be put in danger. The road does not have the capacity to handle the increase in traffic the Town
proposes. This is especially true when, during the summer months, the events center will likely
be in use multiple nights every week.
Second, the Town's plan most definitely will be materially injurious to the properties in
the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in
Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively
impact values of existing homes on Sunburst Drive, thereby causing material injury to those
homes." Mike Nash Opinion, attached as Exhibit A, at ¶ 10. That economic injury alone is
reason enough for the PEC to deny the Town's application, but there is also the injury the
neighbors will suffer in the use and enjoyment of their property. On most summer nights,
instead of the tranquility they enjoy now, those immediately adjacent to the clubhouse will face
loud music, the din of mingling and partying guests, and the annoyance of attendees wandering
onto their properties (something that already occurs with the smaller and fewer events the
clubhouse currently hosts). Those throughout the neighborhood—including residents of the
townhomes—will find their current use and enjoyment destroyed by the guttural sounds of
shuttles passing in the afternoon and late at night, clogged roads, slower response times by first
responders, and the noise that will inevitably arise as attendees (many of whom will have been
drinking) shuffle back to their cars or shuttles as late as 2 A.M.
The Sunburst Neighborhood was not built for this kind of operation. Those who
developed it meant it to be a quiet, residential community lining a golf course, with narrow roads
and almost no shoulders. See Jay Pulis Affidavit, attached as Exhibit B. Because they designed
it that way, there is no way the Town can create a commercial enterprise in the heart of it without
risking safety and public health and without materially injuring properties in the vicinity.
4. The Town's Plan Violates the Zoning Regulations
Section 12-813-3 of the Municipal Code permits as "accessory uses" in the Outdoor
Recreation zone district, "[a]ccessory buildings (permanent and temporary) and uses customarily
incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for
the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage
buildings, and similar uses." Under this provision, to qualify as an "accessory building" or
"accessory use," the structure or use must be (1) customarily incidental and accessory to
permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof.
What the Town is proposing is neither customary nor incidental. First, at the last PEC
meeting, several commissioners suggested that many golf course clubhouses have banquet halls.
This is not true. Most golf course clubhouses, like the current clubhouse, have golfers' grills
HOLLAND&HART. Planning and Environmental
` " t LAW OUT WEST �" Commission of the Town of Vail
January 23, 2013
Page 4
one dining area for those using the course to eat and relax before or after their round. Almost no
clubhouses have a golfers' grill, as well as a separate banquet hall complete with a bridal room,
banquet patio, and banquet garden area. That design is unique to the Town's proposal and thus
violates § 12-813-3. There currently is no banquet room at the clubhouse. Rather, there is an
eating space that serves as a golfers' grill and, on rare occasions (just 15 times per year), acts as a
dining space for other events.
Second, the proposed banquet facilities, including all the outdoor space, are not incidental
to the permitted use of a golf course. Because commercial business, wedding, and other parties
will often book the events center years in advance, the Town's plans will necessarily crowd the
golfers out of their own clubhouse. No doubt groups will schedule non -golfing events at the
clubhouse a year or even two years in advance. When the golfers decide to schedule a
tournament or other event, they will find they cannot because it will already be booked. As a
result, the "accessory" use of the events center will become the primary use, and the golfers will
need to find another venue for their golfing events. This is especially troublesome when the
amount of revenue generated by the golf course dwarfs that predicted to stem from the wedding
venue.
Likewise, the proposed event center is not "necessary for the operation" of approved uses
such as golfing and Nordic activities. If the event center has no relationship to the permitted or
conditional outdoor recreational uses, then it certainly cannot be necessary for their operation.
While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining
areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its
plans, the golfing and Nordic uses of the clubhouse would continue unimpeded. The banquet
space is therefore unnecessary for the operation of the golfing and Nordic activities.
Accordingly, the PEC should reject the Town's application.
In sum, the proposed event center fails to satisfy either of the two tests for a conditional
use as an accessory building for use in the Outdoor Recreation zone district.
5. Conclusion
For the foregoing reasons, the PEC should reject the Town's application for a conditional
use permit for an event center and subordinate clubhouse at the Vail Golf Course. At its January
14, 2013 meeting, the PEC acknowledged a number of concerns with the Town's proposal. The
Town has failed to address those concerns, mostly because it cannot. They are inherent in the
Town's event center proposal. As long as the Town insists on turning a golf course clubhouse in
a residential neighborhood into a large event center, the PEC should deny its application for a
conditional use permit.
HOLLAND&HART
H L LAW O U i VVEST
Respectfully,
Christopher H. Toll
Steven T. Collis
Enclosures:
Exhibit A — Opinion of Mike Nash
Exhibit B — Affidavit of Jay Pulis
5969903_3
Planning and Environmental
TM Commission of the Town of Vail
January 23, 2013
Page 5
DISTRICT COI,JRT FOR EAGLE COUNTY
P.O. Box 597
Cagle , CO 81631
Plaintif'f's: SAM1 EL H. MASLA . et al
A COURT USE ONLY A
Defendants: TOWN OF VAIL, ct a.1 Case Number; 2012-cv-921
Aitorneys for Plaintiff:.S:
Division.3 Courtroom
Christopher H. Toll, #15388
Steven T. Collis, -940940
Holland & flart LLC'
6380 South fiddlers Green Circle, Suite 500
Greenwood Village, CO 801 1 1
Telephone: (303) 290-1600
ctolla,hollandhart.com
stcotl)s@hollandhart.com
John W. Dunn, #1.421
Mountain Law (group, LLC
Community .Bank Center 4206
70 Bencliznark Road
P.O. Box 7717
Avon, CO 81620
Telephone: (970) 748-64-28
du txiountainlaw ou .cam
OPINION OF MICHAEL R. NA .H.
Michael R. Nash states as follows:
1. My name is Michael R. Nash. i am a real estate appraiser and consultant. Carol L. Simon is a real
estate appraiser and consultant employed by any firm, Nasli-Johnson Associates, inc. Michael R.
Nashand Carol L. Simon ofNash-Johnson Associates, ]no,, have provided real estate appraisal and
consulting services in Colorado including Eagle County for over twenty years.
2. On September 24, 2012 the Town of Vail, in cooperation with the Vail Recreational District,
submitted three applications for the Planning and Environmental Commission's review to :fa.cilitate
the renovation. of the Vail Golf Course clubhouse.
3. The applications submitted bythe Town of Vail requested a.) a zone district boundary amendment
1:0 rezone the golf course parking lot from a General Use (GU) District to tl7c Outdoor Recreational
(Oil) District; b) a prescribed regulation amendment to allow building Heights of up to 33 feet for
sloping roofs within the Oul:door Recreational (OR) District, and c) a condiflonal use permit
amendments to allow for the redevelopment of the Vail Golf Course CILTb House (VGCCR).
4. We interviewed several Realtors active in the Town of Vail's real estate market during December
of 2012 and the following is concluded.
5. in .lune of 2006 Veile development obtained approvals for the expansion of Lion Square North
Condominiums located at 660 West Lionshead Place, Town of Vail, Colorado. Based on the planned
expansion Lion Square North Condominiums would add a -floor and, in turn, obstruct a portion ofthe
ski slope views enjoyed by homeowners within Mont:a.neros, a condominium development directly
north of i,.ion Square North Condominiums. Following the .June 2006 approval for redevelopment at
the Lion squa.reNorth Condominium five condominiurnswilhin Montancros were listed through Vail
Board of Realtors multiple listing service, The marketing of active listings in Montaneros was
impacted by said expansion of the Lion SquareNorth Condominium, Borne units being impacted more
than others.
6. Subsequent to redevelopment projects in Vail from 2005 through 2010 prospective buyers of
property are cognizant ofadjacent property with potential for redevelopment and often inquire as to
the status of the adjacent property: prospective buyers in the Landmark Vail Condominium
development have expressed concern regardingthe possible redevelopment of the Concert. Hall Plaza
Condominiums, an outdated condominium building built in 1978 that: sii:s adjacent to Landmark Vail
Condominiums between Landmark Vaal and the Vail ski slopes.
7. Adjacent, proposed development/redevelopment, irregardless of Che stage in which the
development/redevelopment is at and irregardless of the perceived impact being positive ornegative,
is one factor that a property buyer and/or seller will in.tegratc into their decisions regarding listiiig,
buying, or selling real estate.
S. Considering the time value of money, the (present) value of $1 received today, a negative
adjustment or discount would be applied to a sale price by a prudent investor, seller or buyer, if a
lengthy marketing period or potentially delayed closing of a sale is projected, in this case applied to
Sunburst Drive property due to the perceived, negative, opinion of the re -development of the
VGCCH. The discount would increase relstiveto the projected, extended length ofa. rnarkcting time.
9. Realtors offering property for sale are obliged to pass on any knowledge the Realtor has regarding
planned and on-going development/redevelopment of adjacent properties to prospective buyers. All
prospective buyers are encouraged to do their own due diligence in regards to their purchase.
1.0. it is ray opinion that if the VC'm-1 is re -developed in accordance with the plan currently before
llie Planning and Environnnental Commission on the date of completion that re-developmcnt will
negatively impact values of existing homes on Sunburst Drive, thereby causing material it jJ iry to
those homes.
Dated January 23, 2013
4micc,�R, Nash, �Mlv
Certified General Real Estate Appraiser
State of Colorado (#CCTD1313850)
4
DEC -18-2012 10:56 FIRSTEANK UHILLS P.01
DISTRICT COURT FOR EAGLE COUNT.'
P. G. Bax 597
Eagle, CO 81631
Plaintiffs: SAMUEL H. MASLAK, et al.
Defendants: TOWN OF VAIL, et al.
A COURT USE ONLY A
Case Number: 2012-ev-921
Attorneys for Plaintiffs:
Christopher H. Toll, #15388
Steven T. Collis, #40940
Division: 3 Courtroom
Holland & Hart LLP
6380 S. Fiddlers Green Circle, Suite 500
Greenwood 'V'illage, CO 80111
Telephone: (303) 290-1600
ctoll(7a,holllandharLcom
str-ollis@boliandhart.com
John W. Dunn, #1421
Mountain Law Group, LLC
Community Bank Center 0206
70 Benchmark Road
P. G. Box 7717
Avon, CO 81620
Telephone; (970) 748.6428
jdunn@mountainlawgxoup.co m
AFFIDAVIT OF JAY B. PULIS, JR.
Jay B. Pulis, Jr., having been duly sworn states as follows:
1 am over the age of 18 and have personal knowledge of the matters stated below.
2. My father bought land in the Vail Valley in 1941 as a family summer retreat.
The block of land was a mile long and 114 mile wide, 160 acres in total.
3. Part of our property was land where much of the Vail Golf Course now sits, as
well as the land where Sunburst Drive and its homes wind alongside the Golf Course.
DEC -18-2012 10:56 FIRSTEANK UHILLS P.02
4. To manage our property, my brother and I formed the Pulis Ranch Company with
three equal partners: me, my brother Warren, and a silent trust for the children of our brother
who had already passed away.
Warren and l also set up Vail Valley, Inc., for the purpose of developing and
selling lots for residential use alongside the Golf Course. The ftee owners of Vail Valley, Inc.
were the same as the owners of pulis Ranch Company: "barren, me, and the trust for our nephew
and nieces.
6. We intended f=rom the very beginning to develop the land to be a golf course with
supporting golf -related facilities, and surrounding residences. The homes on the border of the
course were to be golf course lots, and historically they have been marketed that way.
7. Minimizing development and maximizing open space were always very important
to us. We always intended the golf course land to remain as golf course land and to be used for
recreational purposes.
8. To ensure the neighborhood and the valley met our vision for it, in 1966 we
leased our land on which the Vail Golf Course now sits to the Town of Vail, with specific
requirements that it should only be used for a golf course or other specified recreational uses. If
any clubhouse were built, it had to consist only of facilities ordinarily available in structures
operated in conjunction with golf courses.
9. To further achieve our intent regarding limited development, in 1977 we
conveyed the land through which Sunburst Drive passes to our residential development
company, Vail Valley, Inc., so that the land could be used to develop a community that would be
nestled between mountains on one side, and the Golf Course on the other.
DEC -18-2012 10:57 FIRSTEANK UHILLS P.03
10. The Town used the land leased to it as a golf course, And we saw the
neighborhood we had planned come to fruition.
11. By the time we sold the Golf Course property to the Town, the Vail Valley had
become one of the nation's premier tourist destinations, and we knew how tempting it would be
for the Town to make a large profit by either developing the golf course land itself or selling it to
other developers, contrary to the common plan we had for the golf course and its adjoining
neighborhood.
12. To prevent that from happening, and to preserve the neighborhood around the
Golf Course, we included with the January 11, 1984 deed to the land a restrictive covenant that
stated that the only use of the land was for a golf course, open space, park, or related facilities
that were required to support those uses ("Pulis Covenant). The idea behind the Pulis Covenant
was to keep the land as undeveloped as possible so it would remain a golf course with ouly
supporting facilities for a golf course.
13. Creating an events center with a wedding venue and indoor/outdoor banquet
facilities is not consistent with our intent or the intent of the Pulis Covenant. Our intent was a
golf course, simple required support facilities, and surrounding residences, and not commercial
operations.
14. We intended that the owners of the lots adjacent to the golf course would be able
to enforce the Pulis Covenant in the 1984 Gleed. Allowing them to do so would maintain our
original intent that those lots be golf course lots.
15. The Town officials agreed to use all of the land, including the land where the
clubhouse and the 1$th Green now sit, for a golf course and related support facilities.
DEC -18-2012 10:57
16.
the Town,
17.
FIRSTEANK UHILLS
P.04
We did not intend any of the land to be used as a means for increasing revenue for
Our conditions were meed upon by the Town's officials with their initial signing
of the document. I would expect that commitment to be honored by the pre ent representatives.
L
Ja Pul' , fr. •�
Date: 1 1
STATE OF COLORADO )
ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this ] day of December,
2012, by Jay B. Pulis, Jr.
Witness my hand and official seal.
No blit
JEREMY JONES
My Commission expires NOTARY PUBLIC
STATE
NOTARY ID 2005400528$
MY COMMIS6 ON EXPIRES FEBRUARY 09, 2014
TOTAL P.04
Ad Name: 8831638A
PLANNING AND ENVIRONMENTAL
COMMISSION
Customer: TOWN OF VAIL/PLAN DEPT/COMM
January 3
UNCI
CHAMBERS TOWN COUNCIL CHAMBERS
Your account number is- 1OP2P 33
/ PUBLIC WELCOME
75S. Frontage Road - Vail, Colorado, 81657
Site Visit:
Vail Daily
1. Fleeger Residence- 2950 Booth Creek Drive
2.Sundial Plaza- Lionshead Pedestrian Mall
20 minutes
PROOF OF PUBLICATION
1.A request for the review of a variance from Sec -
tion 14-3-1,Table 2, Residential Access and Park-
ing Standards, Vail Town Code, pursuant to Sec-
tion 14-1-5, Variances, Vail Town Code, to allow for
STATE OF COLORADO }
the construction of two street curb cuts for a sin -
gle-family dwelling unit, located at 2950 Booth
Creek Drive/Lot 2, Block 3, Vail Village Filing 11,
}SS.
and setting forth details in regard thereto.
(PEC 120049)
COUNTY OF EAGLE }
Applicant: Matt and Candee Fleeger, represented
by Berglund Architects
Planner: Rachel Dimond
20 minutes
1, Don Rogers, do solemnly swear that I am a qualified
2.A request for a recommendation to the Vail Town
Council for an amendment to the Lionshead Rede-
representative ofthe Vail Daily. That the same Daily newspaper
velopment Master Plan, pursuant to Section 2.8,
Adoption and Amendment of the Master Plan, Li-
onshead Redevelopment Master Plan, to amend
printed In whole or In part and published in the County
the recommendations for the central pedestrian
of Ea le State of Colorado and has a eneral circulation
g g
plaza (Sundial Plaza) in Section 5.8.6, Plazas and
Nodes, Lionshead Redevelopment Master Plan
forth details in thereto.
, ,
therein; that said newspaper has been published continuously
and setting regard
(PEC130001)
Applicant: Town of Vail, represented by Gregg
and uninterruptedly in said County of Eagle for a period of
Barrie
Planner: Rachel Dimond
more than fifty-two consecutive weeks next prior to the first
20 minutes
3.A request for the review of a conditional use
permit pursuant to Section 12-7H-5, Conditional
Ppublication of the annexed legal notice or advertisement and
g
Uses; Generally (On All Levels of a Building), Vail
said newspaper has published the requested legal notice
Town Code, to allow for the construction of a pub -
Sic park and recreation facilities (playground) atthat
Sundial Plaza located the Lionshead
and advertisement as requested.
within pedes-
trian mall/Tract C, Lionshead 6th Filing, and set -
ting forth details in regard thereto. (PEC 120050)
Applicant: Town of Vail, represented by Gregg
Barrie
The Vail Daily is an accepted legal advertising medium,
Planner: Rachel Dimond
4.A request for the review of amendments to a
onlyfor jurisdictions operating under Colorado's Home
J A g
conditional use permit, pursuant to Section
Rule
12-16-10, Amendment Procedures, Vail Town
Code, to allow for the redevelopment of the Vail
p rOV1SlOn.
Golf Course Club House (i.e. accessory buildings,
permanent and temporary, and uses customarily
incidental and accessory to permitted or condition-
That the annexed legal notice or advertisement was
al outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking
published in the regular and entire issue of every
fountains, bleachers, concessions, storage build -
ings, and similar uses), located at 1775 Sunburst
Drive/Lot 3, Sunburst Filing 3 and Unplatted Par -
number of said daily newspaper for the period of 1
cels (a complete metes and bounds description is
consecutive insertions; and that the first ublication of said
p
available at the Community Development Depart -
them Office), and setting forth details in regard
thereto.(PEC120036)
notice was in the issue of said newspaper dated 1/25/2013 and
Applicant:Town of Vail, represented by Greg Hall
Planner:George Ruther
that the last publication of said notice was dated 1/25/2013 in
ACTION: Table to February 11, 2013
the issue of said newspaper.
S.Information Update
6.Adjournment
The applications and information about the propos
In witness whereof I have here unto set m hand this da are available for public inspection during
y y, lar lar office hours at the Town of Vail Communityy De De
velopment Department, 75 South Frontage Road.
02/01/2013. 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. Times and order of items are
approximate, subject to change, and cannot be re-
lied upon to determine at what time the Planning
and Environmental Commission will consider an
§VZ= item. Please call (970) 479-2138 for additional in -
General Maner/Publisher/Editor formation. Sign language interpretation is available
g upon request with 24-hour notification. Please call
Vail Dail (970) 479-2356, Telephone for the Hearing Im-
y paired, for information.
Subscribed and sworn to before me, a notary public in and for Community Development Department
Published January 25, 2013 in the Vail Daily.
the County of Eagle, State of Colorado this day 02/01/2013. (8831638)
( 2m.&& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt-SRP$
My Commismn Expires 11/0112015
Ad Name: 8789371 A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
MW nay
PROOF OF PUBLICATION
STATE OF COLORADO }
}ss.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 1/11/2013 and
that the last publication of said notice was dated 1/11/2013 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
01/22/2013.
General Man ager/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 01/22/2013.
2mg-&
9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt-SRP$
My Commismn Expires 11/0112015
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, VailTown Code on January 28, 2013 at
1:00 pm in the Town of Vail Municipal Building.
A request for the review of a variance from Section
14-3-1,Table 2, Residential Access and Parking
Standards, Vail Town Code, pursuant to Section
14-1-5, Variances, Vail Town Code, to allow for the
construction of two street curb cuts for a single-
family dwelling unit, located at 2950 Booth Creek
Drive/Lot 2, Block 3, Vail Village Filing 11, and set-
ting forth details in regard thereto. (PEC120049)
Applicant: Matt and Candee Fleeger, represented
by Berglund Architects
Planner: Rachel Dimond
A request for a recommendation to the Vail Town
Council for an amendment to the Lionshead Rede-
velopment Master Plan, pursuant to Section 2.8,
Adoption and Amendment of the Master Plan, Li-
onshead Redevelopment Master Plan, to amend
the recommendations for the central pedestrian
plaza (Sundial Plaza) in Section 5.8.6, Plazas and
Nodes, Lionshead Redevelopment Master Plan
and setting forth details in regard thereto.
(PEC130001)
Applicant: Town of Vail, represented by Gregg Bar-
rie
Planner: Rachel Dimond
A request for the review of a conditional use permit
pursuant to Section 12-7H-5, Conditional Uses;
Generally (On All Levels of a Building), Vail Town
Code, to allow for the construction of a public park
and recreation facilities (playground) at Sundial
Plaza located within the Lionshead pedestrian
mall/Tract C, Lionshead 6th Filing, and setting forth
details in regard thereto. (PEC120050)
Applicant: Town of Vail, represented by Gregg Bar-
rie
Planner: Rachel Dimond
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 West.
The public is invited to attend site visits. Please
call 970-479-2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
Published January 11, 2013 in the Vail Daily.
(8789371)