HomeMy WebLinkAbout2013-0923 PECTOWN OF VAft� PLANNING AND ENVIRONMENTAL COMMISSION
September 23, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
60 minutes
1. Gore Creek Water Quality Update — Kristen Bertuglia
45 minutes
2. A request for a recommendation to the Vail Town Council on a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for an addition to an existing dwelling unit, located at 16
Vail Road, (The Sebastian) /Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC130021)
Applicant: AMPH, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
3. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R.
Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park
Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540,
and 580 South Frontage Road East /Unplatted, and setting forth details in regard thereto.
(PEC130012)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Table to October 14, 2013
MOTION: SECOND: VOTE:
4. A request for the review of a variance from Section 12- 14 -17, Setback from Watercourse, Vail
Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction
of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit
33 /1-ot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025).
Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc
Planner: Joe Batcheller
ACTION: Table to October 14, 2013
MOTION: SECOND: VOTE:
5. Approval of September 9, 2012 minutes
MOTION: SECOND: VOTE:
6. Information Update
7. Adjournment
MOTION: SECOND: VOTE:
Page 1
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 September 20, 2013 in the Vail Daily.
Page 2
TOWN OF VAIL:1
PLANNING AND ENVIRONMENTAL COMMISSION
September 23, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Bill Pierce
Henry Pratt
Pam Hopkins
Susan Bird
John Rediker
Michael Kurz
MEMBERS ABSENT
Luke Cartin
60 minutes
1. Gore Creek Water Quality Update — Kristen Bertuglia and Seth Mason
Kristen Bertuglia introduced the presentation and Seth Mason
Seth Mason, Eagle River Watershed Council gave a power point presentation discussing the
findings of the watershed study.
Commissioner Kurz inquired as to the elements included in the calculation of impervious area.
Seth Mason stated that all hard surfaces were included based upon aerial photography.
Commissioner Pierce asked how the boundaries of the impervious area study were determined.
Seth Mason explained that while it is understood that most water enters the Gore Creek
drainage the study of imperious area was focused on the valley floor and the areas adjacent to
the Gore Creek and its tributaries.
Commissioner Rediker asked when the threshold standards were development to measure
macro - invertebrate life in the creek.
Seth Mason spoke to the standards being developed on 2012.
Commissioner Kurz inquired if there was data which show which storm water discharges are
more problematic and therefore could be addressed.
Seth Mason stated that the study didn't study each storm water drainage during multiple rain
events. Storm water drains did not turn out to be the smoking gun, but it is likely a contributor to
the negative effects in the creek health.
Commissioner Kurz spoke to the fact that the Gore Creek in East Vail is steeper and drains
faster than the creek as it enters Vail Village. Was it considered that the speed of the water was
washing the bugs out?
Seth Mason spoke to the research and conversations with experts that resulted in the speed of
the water not being considered as a cause for the "scouring" of the bugs from the areas which
showed negative impacts.
Page 1
Commissioner Pratt asked what the potential source was for the calcium in the water samples
and was it a problem.
Seth Mason stated he did not know the source (possibly geologic weathering) and that it affected
pH by acting as a buffer and generally was not an indicator of poor stream health.
Commissioner Kurz asked if anything was occurring in the industry that was looking a
bioengineering macro - invertebrates that can withstand certain impacts.
Seth Mason stated that he was not aware of any efforts to create more tolerate macro -
invertebrates. He mentioned that bug stocking had been discussed.
Commissioner Pratt spoke to the water chemistry analysis showed high levels of magnesium
and chloride.
Seth Mason explained the water chemistry analysis and how magnesium and chloride (used for
winter road maintenance) was not identifiable as a smoking gun, but is a contributor. He spoke
to the switch from sand to magnesium chloride solutions and the catch 22 that has been created
to ensure safe roads and address runoff of materials.
Commissioner Pierce inquired as to the meaning of Low Impact Development
Seth Mason spoke to the use of bio- swales, pervious surfaces, etc.
Commissioner Pierce inquired as to the town's current regulations regarding storm water run -off
such as parking lots.
Kristen Bertuglia, Warren Campbell, and Greg Hall spoke to the town's regulations. For larger
scale commercial and multi - family there are sand and oil separators required. For smaller scale
residential projects there are no storm water quality requirements. Storm water quality controls
during construction is in place for commercial, multi - family, and residential development.
Commissioner Bird spoke to the use of spray on trees and the effects on the creek and the buffer
back from the creek.
Kristen Bertuglia spoke to the towns methods for apply sprays.
Commissioner Pierce asked if there was chemistry analysis which looked specifically are
herbicide and pesticide components.
Seth Mason spoke to the effort that was currently underway begin in the last year. He spoke to
the lack of state standards for those types of elements.
Commissioner Pierce stated that the town owns multiple stream tracts and other properties
adjacent to the creek and what is the quality of the riparian areas.
Kristen Bertuglia spoke to the efforts regarding the removal of private construction on town
owned property.
Commissioner Pierce spoke specifically to the golf course and the frontage road running parallel
and the possibility to practice what we preach.
Commissioner Kurz inquired as to the status of the encroachment enforcement.
Page 2
Kristen Bertuglia explained that three had been to court and received deferred judgments, others
had been submitted to receive summonses, and a plan was taking shape to remove the
basketball court.
Commissioner Hopkins inquired as to the status of the basketball court.
Kristen Bertuglia stated the RFP had been issued and responses were due the following day.
Commissioner Kurz asked if Mr. Mason felt that the efforts currently underway were satisfactorily
addressing the water quality issue.
Seth Mason mentioned the development and adoption of a plan would remove the creek from
the 303d list. The partners included in the agreed upon plan would then need to move forward
with steps to improve the creek health.
Jim Lamont, Vail Homeowners Association, asked if the water testing was done seasonally or
during a single season.
Seth Mason explained the data collection. The USGS samples every other month. Town of Vail
sampling occurs in the summer.
Jim Lamont asked if a more systematic study of the storm water outfalls would result in being
able to more closely determine the where the problem areas.
Seth Mason stated that the result of a study like that may result in clearer outcomes.
Jim Lamont asked if any group was charged with follow up studies.
Seth Mason stated that there was no plan to continue with those types of studies.
Jim Lamont stated that major town projects and investments should include provisions for storm
water quality measures.
Greg Hall, Public Works Director, spoke to efforts to make improvements.
Jim Lamont asked what the amount of investment was in place for the Town of Vail and other
organizations to address the water quality.
Commissioner Pierce asked if there was a reason why the water coming in town was not
impaired, became impaired, and then improved further down stream.
Seth Mason explained that the belief that the water treatment plant was provide nutrients for the
m acro -i nverteb rates.
Commissioner Rediker asked if mapping of storm water outfalls had occurred.
Kristen Bertuglia explained that many were mapped, but not the areas they drain.
Commissioner Pierce asked if a detention pond would address the use of magnesium chloride or
was something more needed.
Seth Mason explained that a detention pond would not address that concern but could reduce
the peak loads and spread it out over time.
Page 3
45 minutes
2. A request for a recommendation to the Vail Town Council on a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for an addition to an existing dwelling unit, located at 16
Vail Road, (The Sebastian) /Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC130021)
Applicant: AMPH, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
ACTION: Recommendation of approval with condition(s)
MOTION: Kurz SECOND: Rediker VOTE: 5 -1 -0 Pratt opposed.
CONDITION(S):
1. This SDD major amendment approval is contingent upon the applicant obtaining
Town of Vail approval of the associated design review application.
2. The applicant shall mitigate the employee generation impact created by the
addition of 839 square feet of GRFA in accordance with the provisions of Chapter
12 -24, Inclusionary Zoning, Vail Town Code.
3. The applicant shall receive and submit in conjunction with the building permit,
all applicable Colorado Department of Transportation approvals for all impacts to
the South Frontage Road East, including construction staging.
4. The applicant shall amend the recorded condominium map to reflect the
increase in floor area and space designation, prior to requesting a planning
certificate of occupancy inspection.
5. At the discretion of the Design Review Board, the roof form above the
penthouse upper floor deck can be increased to be greater than an 18 inch eave
overhang.
Warren Campbell gave a presentation per the staff memorandum. He stated that there were
several positive changes made to the proposal, but staff found that it did not comply with criterion
1 and therefore was recommending denial.
Dominic Mauriello, representing the applicant, reviewed the history of the project for the benefit
of the members not present previously. He showed photos indicating the importance of the
project interior and exterior and the ill- suited existing conditions. He further highlighted the
process the project had been through. He then discussed the changes that the project has
incorporated to address the Commissioner's concerns.
Commissioner Kurz stated that the changes that were made improved the proposal form the
previous design and that he felt it meet the criteria.
Commissioner Rediker had no addition comment
Commissioner Bird agreed with Commissioner Kurz and felt the proposal complied with the
criterion.
Commissioner Pratt felt that all changes made since the last review were positive except the
reduction of the roof overhang above the upper floor cantilevered deck. He stated that the upper
floor deck would be more appropriate if it were integrated into a roof form. He added that the
roof form above the upper floor deck should be greater than 18 inches.
Page 4
Commissioner Hopkins requested clarification regarding the existing lower level patio that was
inset into the roof.
Dominic Mauriello showed the existing patio on the floor plans and explained how there was a
roof form to the south of the space which would negatively effect light access to the lower floor if
it were in- filled and made GRFA.
3. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R.
Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park
Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540,
and 580 South Frontage Road East /Unplatted, and setting forth details in regard thereto.
(PEC130012)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Table to October 14, 2013
MOTION: Kurz SECOND: Bird VOTE: 6 -0 -0
4. A request for the review of a variance from Section 12- 14 -17, Setback from Watercourse, Vail
Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction
of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit
33 /Lot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025).
Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc
Planner: Joe Batcheller
ACTION: Table to October 14, 2013
MOTION: Kurz SECOND: Bird VOTE: 6 -0 -0
5. Approval of September 9, 2012 minutes
ACTION: Approval
MOTION: Kurz SECOND: Hopkins VOTE: 6 -0 -0
6. Information Update
7. Adjournment
MOTION: Kurz SECOND: Rediker VOTE: 6 -0 -0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. 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 September 20, 2013 in the Vail Daily.
Page 5
TOWN OF VAI015
Memorandum
To: Planning and Environmental Commission
From: Community Development and Public Works Departments
Date: September 23, 2013
Subject: Gore Creek Water Quality Improvement Plan Completion
PURPOSE
The purpose of this memorandum is to present to the Planning and Environmental Commission
key findings from the Gore Creek Water Quality Improvement Plan (WQIP), and to discuss
policy implications and preliminary action steps as a result of the Plan's recommendations. The
final WQIP was completed by Leonard Rice Engineers on August 26, 2013, and may be
downloaded at:
httas: / /vail. sharefile .com /d/sd773b7f738745c28
II. BACKGROUND
The Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division (WQCD) on December 6, 2012, added the portion of Gore Creek from Black Gore
Creek to the Eagle River (Dowd Junction) to Colorado's Section 303(d) list of impaired waters
for aquatic life use. The term "303(d) list" is short for the list of impaired and threatened waters
(stream /river segments, lakes) that the Federal Clean Water Act requires all states to submit for
EPA approval every two years. The states identify all waters where required pollution controls
are not sufficient to attain or maintain applicable water quality standards. Standards are created
for metals, nutrients, pollutants such as sediment, and aquatic life (bugs). Gore Creek is
currently listed as "provisional ", which means that the cause of impairment is not known, and the
stakeholders (the State, the Town, etc.) have ten years to determine the cause of impairment
and begin to correct the problem. If a particular pollutant is found, the State of Colorado will
require a "Total Maximum Daily Load" (TMDL) study to track progress on the status of the
particular pollutant.
The listing for "aquatic life use" is based on a new methodology for determining the health of a
river using aquatic macro invertebrate (bugs) population characteristics. Bug scores are
indicative of the long -term health of Gore Creek, where poor aquatic life may be a precursor to
the decline of populations such as trout that depend on them.
As part of the Environmental Sustainability Strategic Plan, adopted in 2009, the Vail Town
Council identified protection of the natural environment, particularly Gore Creek, as a top priority
for immediate and future efforts.
Goal #3: Ensure that the natural environment, specifically air and water quality, land use
and habitat are maintained to current or improved levels of biological health.
Objective 1: Maintain Gore Creek watershed as a Gold Medal Fishery, while
working to maintain tributaries. Meet and /or exceed aquatic life standards set by
the state of Colorado through the management of urban stormwater.
Focused on sustainability and the environment, the Town Council has reaffirmed its
commitment over the past several years to continuous improvement of environmental practices
by promoting ecosystem protection and a campaign for community awareness and education.
Gore Creek Water Quality Improvement Plan
In early 2011, Eagle River watershed stakeholders formed the Urban Runoff Group
(URG) to address the problem of biological degradation occurring in streams and rivers
within the urbanized areas of the Eagle River watershed. URG funding partners and
stakeholders include the Town of Vail (TOV), the Eagle River Water & Sanitation District, Eagle
County, Vail Resorts, Inc., the Colorado Department of Transportation, the Vail Recreation
District, the Town of Avon (TOA), and the Eagle River Watershed Council.
The threat of listing Gore Creek and other Eagle River watershed streams on the Clean Water
Act's 303 (d) list for aquatic life use impairment called to action the focused effort to develop
initiatives aimed at identifying the causes of the biological impacts, and management strategies
to protect and improve existing water quality and biological conditions. The Gore Creek Water
Quality Improvement Plan (WQIP) is the outcome of the URG's efforts.
WQIP Purpose
The Water Quality Improvement Plan (WQIP) was developed in order to guide the planning and
implementation of measures to improve stream health as indicated by macroinvertebrate (bug)
community metrics. The geographic scope of the WQIP includes Gore Creek from the area near
the confluence of Black Gore Creek to the mouth of Gore Creek, with emphasis on development
of water quality improvement measures for stream reaches through East Vail and Vail Village
above Red Sandstone Creek. The Plan identifies measures and strategies to reduce point and
nonpoint source pollution including, but not limited to, the following:
• Urban drainage Best Management Practices (BMPs)
• Stormwater system BMPs
• Stream habitat and riparian area improvement and protection measures
• Community educational programs and voluntary measures
• Regulatory reform to encourage sustainable land use practices
• Regulatory reform to establish use restrictions regarding pesticides, herbicides and
landscape maintenance practices
WQIP Key Findings
Unfortunately, the extensive WQIP study did not find only one or two sources of pollutants which
could be targeted and addressed to provide improvements to Gore Creek water quality. Using a
combination of field observations, data compilation and analyses, Leonard Rice Engineers
determined that the biological impairment of Gore Creek is caused by the cumulative impacts of
multiple stressors in the following categories:
1) Riparian Buffer /Habitat Degradation
• Loss of riparian habitat and buffer zones
• Landscaping extends to the stream in many locations
• Buildings, roads and other improvements within riparian zone
• Eroding stream banks due to loss of natural soil binding vegetation
• Natural stream banks replaced by riprap walls and slopes
• Stream channelization
2) Impacts of Impervious Cover and Urban Runoff
Town of Vail Page 2
• Street and parking area drainage piped directly to stream
• Roof drains and subterranean dewatering discharges
3) Pollutants Associated with Land Use Activities and Urban Runoff
• Frequent construction disturbance
• Sediment and traction materials
• Pesticide, herbicide and other chemical use (weed control - lawns and gardens, and
pest control — pine beetle)
• Lawn and garden fertilizer
• Lawn irrigation return flows (fertilizer and herbicides)
• De -icers and road salts
• Trace metals
• Petroleum products
• Illegal dumping
WQIP Recommendations
1) Regulatory measures
a. Adopt a formal Integrated Pest Management Policy
b. Restrict or ban the use of pesticides with known toxicity to aquatic life in areas
close to Gore Creek
c. Establish no -mow zones
d. Establish no -spray zones
i. Develop voluntary or incentive programs to achieve compliance
e. Increase stream setback
f. Adopt low impact design (LID) and green building stormwater infrastructure
design standards
g. Establish more stringent stormwater permitting requirements for development
near stream
h. Ensure aggressive enforcement of existing State and local regulations to
discourage illegal discharges /dumping
2) Education and outreach
a. Inform local agency staff, contractors, developers, property owners of
construction and home best management practices, riparian area importance,
maintenance requirements
b. Inform pesticide applicators of existing policies /recommendations and
requirements for applications near Gore Creek
3) Site specific projects
a. Capital stormwater runoff water quality projects identified in Attachment A, Table
6.5
b. Riparian area /stream tract and bank restoration identified in Attachment B, Table
6.3
i. Town -owned property
ii. Privately owned property
4) Monitoring programs and future studies
a. Continued stormwater monitoring to provide baseline data for infrastructure
improvements and progress
Town of Vail Page 3
IV
V.
b. Continued shared monitoring and cooperation with the many various
stakeholders
c. Conduct survey of stormwater infrastructure and drainage networks
WQIP IMPLEMENTATION PROCESS
The Plan's recommendations will need further study and refinement in order to move forward
with implementation. The implementation could be in the form of the following:
• Revised Town Codes and regulations regarding development standards (setbacks,
required streambank and riparian restorations during redevelopment and more
stringent storm water runoff treatment requirements)
• Restrictions of pesticides, herbicides and landscape maintenance policies and
enforcement near waterways
• Policy regarding funding options for capital expenditure for improving
stream ban k /riparian zone health, stormwater runoff water quality projects, etc.
• Further design and cost estimates regarding stormwater runoff water quality
improvements
The Plan's improvement projects are prioritized starting in East Vail and moving west. It should
be noted that much of the land adjacent to Gore Creek from the eastern town boundary to the
East Vail Interchange is privately owned and therefore not within the Town of Vail's ability to
implement change without amendments to the Vail Town Code.
Town staff and the various stakeholders have and will continue to implement many of the
recommendations of the Plan which the Town can control or influence without a change in
regulations. Many of these actions are provided in Attachment C.
NEXT STEPS
October - December Continued policy discussion with Vail Town Council regarding no
mow zones, stream setbacks, post construction BMPs, and
pesticide application regulation
November - February Planning and Environmental Commission /public process to
develop revised regulations to address water quality and stream
health
March 2014 Town Council adopts revised regulations
March -April 2014 Staff prepares Water Quality Improvement Action Plan
STAFF RECOMMENDATION
Provide staff input regarding the results of the plan, next steps and proposed process.
VI. ATTACHMENTS
A) Stormwater BMPs and LID Project Matrix — Table 6.5
B) Riparian Area Improvements Table 6.3
C) Current Town water quality improvement actions
D) WQIP Slide Presentation
Town of Vail
Page 4
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Attachment B — Riparian Area Improvement Projects
Table 6.3: Upper and Middle Gore Creek estimated riparian restoration costs for north and south (combined) stream banks
Stream Section
Stream Reach Map Tile
No.
Station ID
Restoration Area No. & So.
Stream banks combined
(acres)
Estimated Cost
(rounded to nearest
$100)
Upper Gore
Reach 1
623 +00 to 619 +00
0.14
$15,600
Upper Gore
Reach 2
615 +50 to 613 +00
0.09
$10,000
Upper Gore
Reach
613 +00 to 611 +00
0.07
$7,800
Upper Gore
Reach 2
611 +00 to 607 +00
0.14
$15,600
Upper Gore
Reaches 2 & 3
607 +00 to 601 +00
0.41
$45,700
Upper Gore
Reaches 3 & 4
598 +00 to 589 +00
0.31
$34,600
Upper Gore
Reach 4
577 +00 to 589 +00
0.07
$7,800
Upper Gore
Reaches 5 & 6
566 +00 to 560 +00
0.21
$23,400
Upper Gore
Reach 6
560 +00 to 547 +00
0.45
$50,200
Upper Gore
Reach 7
547 +00 to 540 +00
0.01
$1,100
Upper Gore
Reaches 7 & 8
540 +00 to 526 +00
0.48
$53,500
Upper Gore
Reaches 8 & 9
526 +00 to 508 +00
0.48
$53,500
Upper Gore
Reach 91
508 +00 to 501 +00
0.24
$26,800
2
Middle Gore
Reaches 10, 11, 12 & 131
501+00 to 462 +00
3900 Mear ft
$39,000
Middle Gore 2
Reaches 13 & 142
462 +00 to 438 +00
1.65
$184,000
Middle Gore 2
Reaches 14, 15, 16, & 17
438 +00 to 414 +00
0.83
$92,500
Middle Gore 2
Reaches 17 & 18
405 +00 to 389 +00
1.1
$122,600
Middle Gore 2
Reaches 18, 19, 20 & 211
389 +00 to 340 +00
4900 kear ft
$48,900
Total
All Reaches
623 +00 to 340 +00
6.68
$832,600
Footnotes:
Tree planting areas only: total cost per tree = $300.00 and planting distance = 30 feet
Town of Vail owed property: buffer width set = 30 feet
Attachment C
Current Town Water Quality Actions
Public Stream Tract
• October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal
private encroachments on town -owned stream tract lands and instructed Staff to pursue
removal of all encroachments
• Gore Creek stream tract habitat - public sign campaign — summer 2013
• Homeowner education packet /mailings — summer 2012
Public Education
• Newspaper ad campaign — summer 2012/2013
• Public presentations /fly casting workshops on Gore Creek — summer 2012/2013
• Youth education bug program through Camp ECOFun and the Americorps -
Environmental Stewardship Program — summer 2013
• Beaver /ecosystem health workshop — spring 2013
Public Works Projects
• Water Quality vault installation on South Frontage Rd. in partnership with CDOT —
scheduled for the fall of 2013
• Water Quality vault installation on the East Lionshead Circle Streetscape Improvements
in the Fall of 2012.
• Water quality improvements in both phase 1 and phase 1 B of Ford Park improvements
including both water quality vaults and wetlands as green infrastructure.
• RAMP funds application for East Vail interchange area water quality improvements. This
application is for $1.14 million total funds ($700,000 RAMP, $440,000 Town of Vail) and
may include detention ponds, water quality vaults, or other improvements.
• Participation in the Urban Runoff Group (URG) process and contribution to the Gore
Creek Water Quality Improvement Plan
• Stormwater infrastructure — ongoing maintenance of outfalls and water quality vaults,
inlets, and street sweeping
Pest and Weed Management
• The Town of Vail Department of Public Works operates two Pest Management
Programs. The Weed Management Program targets invasive plant species, also termed
"noxious weeds," (required to be mitigated by law), and the Tree Pest Program, targets
insects, such as Mountain Pine Beetle, that are having a negative impact on Town -
owned trees.
Significant changes have been made in the Town's application of insecticides over the
past two years in response to water quality concerns, including the elimination of foliar
spraying within 75' of Gore Creek and its tributaries, and the use of pheromone packs as
a substitute to spraying for mountain pine beetle. Likewise, the Town has been able to
reduce the use of herbicides to approximately 10% of when the Weed Management
Program began in 2007.
• Pesticides and herbicides in TOV programs are always applied according to the product
label, and "the label is the law ".
The Environmental Protection Agency (EPA) has been testing water samples from Gore
Creek since April of 2013 for the presence of literally hundreds of compounds from
caffeine to 2,4 -D. After reviewing some test results, staff has requested that additional
products used in TOV pest management programs be added to the list. Recent tests
show no elevated quantities of any pesticide in Gore Creek. On -going sampling will be
coordinated with storm events and pesticide application times.
Current Regulations
• An erosion control plan using best management practices is required of all site
disturbance
• Development is not permitted in wetlands or in the flood plain without Army Corps of
Engineers approval, and buildings are to be set back from the center line of Gore Creek
by 50 feet
• Stormwater permit is required for all disturbances of more than 0.5 acres
• No development is permitted on Town stream tract without approval
Town of Vail Page 2
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TOWN OF VAIL `
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: September 23, 2013
Subject: A request for a recommendation to the Vail Town Council on a major amendment
to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-
9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an
existing dwelling unit, located at 16 Vail Road, (The Sebastian) /Part of Lots M, N,
and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC130021)
Applicant: AMPH, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
SUMMARY
The applicant, AMPH, LLC, represented by Mauriello Planning Group, is requesting a
recommendation to the Vail Town Council on a major amendment to Special
Development District (SDD) No. 6, Vail Village Inn, pursuant to Section 12- 9A -10,
Amendment Procedures, Vail Town Code, to increase the allowable Gross Residential
Floor Area (GRFA) to allow for an addition to an existing dwelling unit in The Sebastian.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation denial, of the major amendment to Special Development District
(SDD) No. 6, Vail Village Inn, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to add approximately 839 square feet of GRFA to the
existing penthouse unit. The proposed addition would result in the unit increasing in
size to approximately 5,989 square feet of GRFA. To accomplish the addition the
proposal includes the following:
• The entry on the first floor of the penthouse would be reconfigured resulting in
GRFA being converted to common area hallway for the lodge.
The existing roof form over the second floor of the penthouse at the northeast
corner of the building would be raised 2 feet in elevation in order to increase the
interior height of the space.
The second floor would be increased in size by with an expansion to the south.
This proposed area would include a new roof form which would extend to the
south approximately 26 feet. The roof extension would be an increase in height
of approximately 12 feet above the existing roof form.
An outdoor patio is proposed to extend approximately 11 feet south of the
second floor expansion.
In response to comments provide by the Planning and Environmental Commission on
September 9, 2013, several changes were made to the proposed plan. Those changes
are as follows:
• The roof overhang on the south elevation which served as a partial covering of
the new patio was reduced from 6 feet to 18 inches.
• The shed dormers on the upper floor expansion to the south where changed to
traditional gable forms.
• The existing dormers on the lower floor of the penthouse (fourth floor) below the
addition to the south were clipped.
• On the south elevation the new upper floor roof form has been changed to allow
the eave to return creating the appearance that it is a dormer.
• The reduction in the upper floor roof overhang and the conversion from shed
dormers to traditional gable dormers altered the impact of the proposal on the
pedestrian view from the south, internal to Vail Village Inn.
The applicant has provided a written description of their request, dated September 17,
2013, (Attachment A) and plans dated September 17, 2013 (Attachment B), which are
provided for review. Staff included the elevations presented at the September 9, 2013
public hearing into the plans attached for review so that the changes that were made
can be identified (Attachment B). Those pages have been identified with a text box
stating that they are from the September 9, 2013 proposal.
III. BACKGROUND
On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of
2001, which amended Special Development District No. 6 to allow for the construction
of the Vail Plaza Hotel (The Sebastian) with one dwelling unit, 99 accommodation units,
18 employee housing units, and 50 fractional fee club units.
The Planning and Environmental Commission held public hearings to discuss a request
to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee
unit on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental
Commission voted 7 -0 -0 to forward a recommendation of approval, with conditions, to
the Town Council for the proposed special development district amendment.
Town of Vail Page 2
At its May 19, 2009, hearing the Town Council approved the first reading of Ordinance
No. 13, Series of 2009, with modifications that reference to the conversion of the
penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the
penthouse unit be a trigger for the expiration of this ordinance in addition to the
Commission's recommended triggers of the specific date May 11, 2012, or the issuance
of an occupancy certificate for the penthouse unit.
On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon
second reading. The summary minutes are as follows:
"Connie Dorsey asked that the applicant not be forced to move until there
is a TCO on another unit in the building. During a pause for public
comment, Robert Vogel said there was a pattern of deceit being exhibited
by the applicant and there was no compelling reason to grant the
applicant's request. Fractional owner's legal representative Lindsey
Richards spoke against allowing the applicant to continue to live there.
The applicant, Waldir Prado, said he had been occupying a vacant unit
and no one had been negatively financially impacted. Councilmember
Rogers stated, "l don't feel like / was given a straight story on it ... l don't
have a good feeling we are going to know what is happening here.../ don't
feel like passing this ordinance on second reading is going to help the
Town of Vail.../ do have an interest in hot beds. "Rogers then moved to
deny the ordinance with Councilmember Newbury seconding.
Councilmember Foley said employee housing in the hotel should be
satisfactory for any employee of the hotel. Councilmember Hitt said he felt
like he had been misled. He also agreed that employee housing should be
adequate for the applicant. Newbury said one of the town's overriding
policies is to maintain hot beds. Councilmember Cleveland said the
solution that was presented was not in the public interest. "lt is
inconsistent with the SDD approval plan." Councilmember Daly said there
is a lot more revenue the town is giving up than was previously
anticipated. The motion passed unanimously, 7 -0."
On May 14, 2012, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to SDD No. 6, Vail Village Inn, and
approved amendments to the existing conditional use permit (CUP) to convert fractional
fee unit 401 to a dwelling unit. This recommendation and CUP amendment approval
resulted in no change to GRFA, an increase in the number of dwelling units from 1 to 2,
and the reduction of the number of fractional fee units from 50 to 49.
On June 19, 2012, the Vail Town Council approved Ordinance No. 7, Series of 2012,
which resulted in an increase in the number of allowable dwelling units to 2 and a
decrease in the number of fractional fee units to 49.
On August 26, 2013, the Planning and Environmental Commission held a work session
on the proposal to add approximately 691 square feet of GRFA to the penthouse unit.
The Commission offered comment on the proposal with regard to the need to evaluate
Town of Vail Page 3
the proposal pursuant to the criteria, the north elevation, and the limited visibility of the
proposed expansion.
On September 9, 2013, the Planning and Environmental Commission held a public
hearing on the request for a recommendation on a major amendment to add GRFA to
the existing penthouse unit. A motion for approval failed and a subsequent motion to
table the request was approved. The Commission gave direction to review the roof
forms and address the concerns stated in the staff memorandum with regard to staff's
response to Criterion 1.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12 -1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12 -1 -2. Purpose.
A. General. These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific. These regulations are intended to achieve the following more specific
purposes.
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off - street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Town of Vail Page 4
ARTICLE 12 -9A, SPECIAL DEVELOPMENT DISTRICT (in part)
12 -9A -1: Purpose and Applicability:
A. Purpose. The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use, to improve the design character and quality of the new
development with the town, to facilitate the adequate and economical provision of
streets and utilities, to preserve the natural and scenic features of open space
areas, and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding development and uses of property included in the
special development district.
B. Applicability: Special development districts do not apply to and are not
available in the following zone districts. hillside residential, single- family
residential, two - family residential and two - family primary/secondary residential.
12- 9A -10. AMENDMENT PROCEDURES.
B. Major Amendments.
1. Requests for major amendments to an approved special development district
shall be reviewed in accordance with the procedures described in section 12 -9A-
4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
special development district, and owners of all property within the special
development district that may be affected by the proposed amendment (as
determined by the department of community development). Notification
procedures shall be as outlined in subsection 12 -3 -6C of this title.
V. SURROUNDING LAND USES
Town of Vail
Zoning
Not Zoned
Public Accommodation
SDD #39 (Solaris)
Public Accommodation and
SDD #21 (Gateway)
Page 5
Land Uses
North:
1 -70 right -of -way
South:
Mixed Use
East:
Mixed Use
West:
Multiple Family
Town of Vail
Zoning
Not Zoned
Public Accommodation
SDD #39 (Solaris)
Public Accommodation and
SDD #21 (Gateway)
Page 5
VI. ZONING ANALYSIS
Development Standard
Approved/ Existing
Proposed
Change
Density
- Dwelling Units
2 DU
2 DU
No change
- Fractional Fee Units
49 FFU
49 FFU
No change
- Accommodation Units
100 AU
100 AU
No change
Gross Residential
Floor Area (GRFA)
-AU & FFU ( >70 %)
97,788 sq ft (94 %)
97,788 sq ft (93.3 %)
No change
-DU ( <30 %)
6,136 sq ft (6 %)
6,975 sq ft (6.7 %)
+839 sq ft
TOTAL
103,924 sq ft
104,763 sq ft
+839 sq ft
Parking
212.39 spaces
212.39 spaces
required (round to
required (round to
No change
213 spaces)
213 spaces)
218 spaces existing
218 spaces existing
VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA
Before acting on a major amendment to a special development district amendment
application, the Planning and Environmental Commission and Town Council shall
consider the following factors with respect to the proposal:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
In response to the application to increase the allowable GRFA for the penthouse in The
Sebastian, staff researched the documents on file with regard to the initial review of the
Vail Plaza Hotel (The Sebastian). Staff was interested in gaining an understanding of
the influences on the approved bulk, mass, and height of the existing structure. Upon
conducting this research staff obtained an understanding of the bulk, mass, and height
relationships sought between the Vail Plaza Hotel and the adjacent properties.
Those relationships can be seen on the approved elevation drawings which include the
adjacent Gateway and Vail Village Inn Phase III structures (Attachment B). The
inclusion of the adjacent structures on the elevations illustrates the goal of having
elements such as roof forms which step down to create a relationship with the adjacent
structures. Additionally, it can be seen that the alignment of eaves and a general
compatibility with regard to bulk, mass, and height was sought and achieved.
As discussed previously, the proposal includes several changes to the roof form in the
northeast corner of the existing structure. The proposed changes include the raising of
the existing roof form by 2 feet and the expansion of the roof mass south by
approximately 26 feet. Staff has a concern with the proposal's impacts on the existing
Town of Vail Page 6
roof form's relationships with adjacent structures. Furthermore, staff believes there are
impacts on the perceived bulk and mass from the perspective of a pedestrian. While the
change to reduce the southern roof extension by 6 feet had a positive impact on this
concern, staff believes the overall proposal still has a negative impact on the pedestrian
view perspective as seen in the photo rendering.
Staff's concern is best illustrated by a comparison of the existing and proposed east and
south elevations (Attachment B). The expansion of the second floor of the penthouse
unit to the south by approximately 26 feet (reduced from 32 feet) continues to eliminate
an intermediate stepping of the roof forms which was intended to establish a rhythm of
incremental decreasing height from north to south. This existing stepping of the roof
forms results in the southern portion of The Sebastian having a compatible bulk, mass,
and height relationship with the existing structures within the SDD. The proposal to
eliminate the intermediate step has a negative effect on the intended design.
Staff further believes the proposal will have a negative impact on the pedestrian
perception of bulk, mass, and height from the southern perspective looking north. The
current design allows for the pedestrian perception of height to stop at the eaves of the
lowermost roof form which results in the feeling of appropriate and compatible scale
between structures. The proposal (reduced by 6 feet from previous proposal) would
extend a roof form which is largely unseen currently from this perspective thus altering
the perceived height of the structure. The photo rendering provided in the submitted
plans illustrates this concern (Attachment B).
Staff believes there are alternative designs which would address staff's concerns while
maintaining the intent to step the height of the structure down from the north to the
south. Staff's concern is with the expansion of the addition to the south and its impacts
to the architectural rhythm and the pedestrian view impacts. Staff suggests that pulling
the upper floor addition back to a distance where it was minimally perceived from the
pedestrian perspective within Vail Village Inn and the incorporation of a roof form which
maintained the established architectural rhythm would address these concerns.
Further, staff believes a solution to capture additional GRFA would be to enclose the
existing lower floor penthouse patio and create a upper floor patio on the lower floor
expansion.
In reviewing the proposal for compliance with this criterion, staff considered the entirety
of The Sebastian structure. Staff did not simply focus on the changes to the northeast
corner of the top floor of the structure. This was done in order to determine if staff
would have found the structure, as currently proposed, to be of an appropriate scale,
bulk, mass, height, character, and relationship to adjacent properties. Staff does not
believe the proposed changes would have met this criterion during the entitlement
process and therefore cannot find the proposed changes to be in compliance with this
criterion.
Staff finds the proposal does not comply with this criterion.
Town of Vail Page 7
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposal does not propose to change any of the uses, activity, or densities which
are currently constructed within the project. The uses, activities and density of The
Sebastian were evaluated during the entitlement process and found to be compatible as
currently operated and constructed.
The proposal to increase the allowable GRFA within the SDD requires mitigation of the
impacts to employee generation pursuant to Chapter 12 -24, Inclusionary Zoning, Vail
Town Code. The applicant has stated in their written materials that the pay -in -lieu
option would be selected if the proposal were approved. An increase in the allowable
GRFA by 839 square feet results in a pay -in -lieu fee of $11,297.14 (83.9 sf x $134.65).
Staff finds the proposal complies with this criterion.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
The proposal to add approximately 839 square feet of GRFA to the existing penthouse
unit does not change the required parking or loading and delivery requirements for the
development.
Staff finds the proposal complies with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff has reviewed the Vail comprehensive plan and found the following documents and
associated goals, objectives, statements applicable to this proposal.
Vail Land Use Plan (in part)
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
Town of Vail Page 8
4.2. Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural settings, intimate size, cosmopolitan feeling, environmental
quality.)
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
Vail Village Master Plan (in part)
V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING
UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO
SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY.
Obiective 1.1. Implement a consistent development review process to reinforce the
character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village
shall be consistent with the goals, objectives, policies and design considerations
as outlined in the Vail Village Master Plan and Urban Design Guide Plan.
Obiective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
VII. VAIL VILLAGE SUB -AREAS
A major goal of this Plan is to address the Village as a whole and at the same
time be sensitive to the opportunities and constraints that may exist on a site
specific basis. To facilitate long range planning unique to each area of the
Village, ten different sub -areas are delineated in this Plan. Sub -areas were
determined based on a number of different considerations. Foremost among
these were.
• design and site characteristics
Town of Vail Page 9
• geographic or physical boundaries
• land uses and ownership patterns
Each of the ten sub -areas have been evaluated relative to the overall goals,
objectives, and policies outlined for Vail Village. The potential improvement
projects, referred to as sub -area concepts, which have emerged from this
evaluation are graphically represented on the Action Plan. These sub -area
concepts are physical improvements intended to reinforce the desired physical
form of the Village as outlined in the various elements of the Master Plan.
The 10 sub -areas (which follow), provide detailed descriptions of each sub -area
concept and express the relationship between the specific sub -area concepts
and the overall Plan. The applicable goals and objectives are cited for each of
the sub area concepts at the end of each description under "special emphasis.
The sub -area concepts described in this Section are meant to serve as advisory
guidelines for future land use decisions by the Planning and Environmental
Commission and the Town Council. Compliance with the sub -area concepts
does not assure development approval by the Town.
It is important to note that the likelihood of project approval will be greatest for
those proposals that can fully comply with the Vail Village Master Plan. The
Urban Design Guide Plan includes additional design detail that is to be used in
conjunction with the Vail Village Master Plan sub -area concepts.
MIXED USE SUB -AREA ( #1)
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Town of Vail Page 10
The Mixed -Use sub -area is a prominent activity center for Vail Village. It is
distinguished from the Village core by the larger scale buildings and by the limited
auto traffic along East Meadow Drive. Comprised of five major development
projects, this sub -area is characterized by a mixture of residential /lodging and
commercial activity.
There is a great deal of potential for improvements to both public and private
facilities in the area. Among these is the opportunity to develop gateway entries to
the Village at the 4 -way stop and at the intersection of Vail Road and Meadow
Drive. It is also a long term goal to strengthen the connection between this area
and the Village core area by reinforcing the established pedestrian linkages.
Pedestrianization in this area may; benefit from the development of retail infill with
associated pedestrian improvements along East Meadow Drive and the
development of public access to Gore Creek.
A significant increase in the Village's overnight bed base will occur in this sub -area
with the development of the final, phase of the Vail village Inn project. In addition,
commercial and residential /lodging development potential is identified in sub -area
concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the
sub -area "built out ".
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#1 -1 Vail Village In
Final phase of Vail Village Inn project to be completed as established by
development plan for SDD #6. Commercial development at ground, level to
frame interior plaza with greenspace. Mass of buildings shall "step up" from
existing pedestrian -scale along Meadow Drive to 4 -5 stories along the Frontage
Road. Design must be sensitive to maintaining view corridor from 4 -way stop to
Vail Mountain. Special emphasis on 1. 2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6.1.
Town of Vail Page 11
The review of The Sebastian during the entitlement process determined that the project
was in compliance with the elements of the Vail Comprehensive Plan. There have
been no changes to the Vail Comprehensive Plan with regard to the documents which
address this site. Staff believes the proposed change does not have an overall
negative impact to the intent of stepping building height up from the pedestrian oriented
East Meadow Drive to the South Frontage Road East. As stated in the response to
Criterion 1 staff is concerned about the visual impacts on the south side of the structure
in the pedestrian plaza. Staff believes there are designs which would permit for some
expansion and eliminate the proposal's impact on the pedestrian.
Staff finds the proposal complies with this criterion.
5. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or
geologic hazards that affect the property on which the special development
district is proposed.
The Sebastian is not located within any identified geologic hazard. The property during
construction identified an impact with ground water and implemented a mechanical
system to mitigate the impacts of the ground water on the structure.
Staff finds the proposal complies with this criterion.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The proposal does not include any changes to the site plan, building footprint design or
location, or open space provisions.
Staff finds the proposal complies with this criterion.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
The proposal does not include any changes to the pedestrian or vehicular circulation on
or off site.
Staff finds the proposal complies with this criterion.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
The proposal does not include any changes to the landscaping or open space on the
site as identified on the approved development plan.
Staff finds the proposal complies with this criterion.
Town of Vail Page 12
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The proposal is intended to be constructed in one phase. Staging for any construction
related activity will be reviewed by the Town of Vail staff to ensure impacts are
minimized to public rights -of -way and adjacent properties. It is anticipated that the use
of the South Frontage Road East right -of -way will be necessary. This right -of -way is
controlled by the Colorado Department of Transportation (CDOT) and will require all
appropriate review and permits from CDOT should the project move forward.
Staff finds the proposal complies with this criterion.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
The initial entitlement approval for The Sebastian included provisions for the inclusion of
public benefits. Staff does not believe this proposal warrants any additional public
benefits, beyond the codified provisions for the mitigation of employee housing.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of denial, to the Town
Council on a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for an
addition to an existing dwelling unit, located at 16 Vail Road, (The Sebastian) /Part of
Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. Staff's recommendation is based upon the review of the criteria described in
Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of denial to the Town Council for a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Section
12- 9A -10, Amendment Procedures, Vail Town Code, to allow for an
addition to an existing dwelling unit, located at 16 Vail Road, (The
Sebastian) /Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission makes the following findings:
Town of Vail Page 13
"Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated
September 9, 2013, and the evidence and testimony presented, the
Planning and Environmental Commission finds.
1. That the special development district amendment does not comply
with the standards listed in Article 12 -9A, Special Development
District.
2. That the special development district amendment is not consistent
with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is not compatible with the development
objectives of the town, and
3. That the special development district amendment is not compatible
with and suitable to adjacent uses and is inappropriate for the
surrounding areas, and
4. That the special development district amendment does not promote
the health, safety, morals, and general welfare of the town and
does not promote the coordinated and harmonious development of
the town in a manner that conserves and enhances its natural
environment and its established character as a resort and
residential community of the highest quality. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Town Council for a major amendment
to Special Development District No. 6, Vail Village Inn, pursuant to
Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for
an addition to an existing dwelling unit, located at 16 Vail Road, (The
Sebastian) /Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated
September 9, 2013, and the evidence and testimony presented, the
Planning and Environmental Commission finds.
Town of Vail Page 14
That the special development district amendment complies with the
standards listed Article 12 -9A, Special Development District, or that
a practical solution consistent with the public interest has been
achieved.
2. That the special development district amendment is consistent with
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development
objectives of the town, and
3. That the special development district amendment is compatible with
and suitable to adjacent uses and appropriate for the surrounding
areas, and
4. That the special development district amendment promotes the
health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community
of the highest quality. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission applies the following conditions:
"1. This SDD major amendment approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review
application.
2. The applicant shall mitigate the employee generation impact created by
the addition of 839 square feet of GRFA in accordance with the
provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code.
3. The applicant shall receive and submit in conjunction with the building
permit, all applicable Colorado Department of Transportation approvals
for all impacts to the South Frontage Road East, including construction
staging.
4. The applicant shall amend the recorded condominium map to reflect
the increase in floor area and space designation, prior to requesting a
planning certificate of occupancy inspection."
IX. ATTACHMENTS
A. Written Request dated September 17, 2013
B. Proposed Plans dated September 17, 2013
Town of Vail Page 15
THE SEBASTIAN
VAIL VILLAGE INN, PHASE IV
MAJOR AMENDMENT
TO SPECIAL
DEVELOPMENT
DISTRICT #6
To allow for an addition to the
Penthouse Unit at the Sebastian
Submitted to the Town of Vail:
June 24, 2013
Revised August 12, 2013
Revised September 17, 2013
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IMauriello Planning Group
PEC130021
RECEIVED
By David Rhoades at 11:12 am, Sep 17, 2013
I. Introduction
The owners of Sebastian, the Marti family, represented by Timbers Resorts, are requesting a major
amendment to Special Development District No. 6 (SDD #6) to allow for an addition to the penthouse
unit (parcel #: 2101- 082 -85 -051). The addition increases the GRFA by 839 sq. ft., and includes exterior
changes to the building, which include changes to the existing secondary roof forms. According to
Section 12 -9A -2: Definitions, Vail Town Code, an increase in GRFA is considered a Major SDD
Amendment.
Based on input from the September 9, 2013, Planning and Environmental Commission, the building
forms have been modified in order to reduce the apparent bulk and mass of the addition. The following
changes were made:
• Roof overhang on the south elevation was reduced from 6 ft. to 18 inches.
• Shed dormers flanking the east and west sides have been converted to traditional gable forms
• Dormers below the addition on the east and west (fourth floor) have been clipped
• Roof form has been brought down on the south elevation to make the addition appear as a
dormer, lowering the eave line
• Addition is set well back from the pedestrian level view plane
The existing penthouse, constructed in 2007, at the Sebastian has never been finished. At this time, the
owners would like to complete the penthouse. The penthouse is a 2 -story unit of approximately 5,150
sq. ft. (as indicated on the original approval). When completed, the penthouse unit will be a 5- bedroom
unit of approximately 5,989 sq. ft. Oddly designed originally, the head - height in some areas of the
existing unit make the floor area unuseable, and to improve the existing layout, the owners are
requesting some modifications to the roof form. The location of the change is difficult to photographic
due to the existing building and surrounding properties. The addition is therefore essentially not visible
from pedestrian areas within the village. The best location to view the proposed locations is from the
road leading to the Spraddle Creek neighborhood as indicated in the photo below:
r
1
Floor plans are provided below, and a reduction of the complete set of plans has been included in the
appendix of this submittal.
O. EXISTING MAIN LEVEL
..NMNG T m
.., ...�..�..TLCTURE ..P��..� . ..
�
j J 1 EXISTING UPPER LEVEL
�
OPROPOSED MAIN LEVEL
The Sebastian -Vail Penthouse
SCHEMATIC DESIGN Main Level Floor Plans
C2�i PROPOSED UPPER LEVEL
,
The Sebastian -Vail Penthouse
SCHEMATIC DESIGN Upper Level Floor Plans
II. Background
The Sebastian is located at 16
Vail Road. The property is part
of Phase IV of Special
Development District No 6,
Vail Village Inn. This SDD has
an underlying zoning of Public
Accommodation (PA).
SDD #6 was adopted by
Ordinance No. 7, Series of
1976, and has been amended .�
numerous times since its 'F
original adoption. Ordinance
No. 16, Series of 2004,_.'
amended SDD #6, to allow for
changes to the approval of the
Vail Plaza Hotel (now known as
the Sebastian) and to extend
the expiration date of the project. The Vail Plaza Hotel
subsequently lost in a bankruptcy filing by its original owner.
hotel to Ferruco Vail Ventures LLC in January of 2010 for
a purchase price of $46.5 million. Since then, the current
owners have invested millions in improvements and the
hotel has become a major success, with guests such as the
First Lady, Michelle Obama and a feature on the Today
Show. The Sebastian has become a major asset to the
Town of Vail, and annual tax collections from the property
have continued to increase each year. A.
The approval for the Sebastian currently includes two
whole ownership condo units, consisting of a total of
6,136 sq. ft. of dwelling unit GRFA. The remaining 97,778
sq. ft. of GRFA is within 100 accommodation units and 49
fractional units. One of the two existing whole ownership
condo units is the penthouse unit. However, the interior of
this unit has never been completed. At this time, the
owners are requesting to finish the interior of this unit,
along with some exterior modifications which will allow
the space to be more useable. The original approval
identifies the penthouse unit as having 5,150 sq. ft. of
GRFA.
The Sebastian currently deviates from the maximum height
limitation of the Public Accommodation zone district,
which limits height to 48 ft. The maximum height of the
Sebastian is 77.25 ft., with the height of the tower element
opened in December of 2007 and was
A federal bankruptcy court awarded the
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3
at 99.75 ft. The proposed addition to the roof, which is at a maximum of 72.75 ft., does not effect the
approved maximum building height and no additional deviation from the approved maximum building
height is required.
There is no additional parking requirement for this proposal, as parking for the unit has already been
assessed. There is an incremental increase to the employee housing requirements as a result of the
addition of 839 sq. ft. of GRFA, which is addressed in Section III of this application. The proposed
addition will generate an employee housing payment in lieu fee of $1 1,310.60. The property continues
to meet the definition of a lodge, with greater than 70% of the floor area dedicated to accommodation
units or fractional fee club units and the property remains compliant with all other zoning standards.
North Elevation:
Existing Proposed:
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South Elevation:
Existing
Proposed:
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4
II. Zoning Analysis
Due to the nature of the addition, only GRFA and employee housing are affected by the project. Below
is an analysis of the proposal with regard to these development standards. Parking, height and density
have also been included, though these standards have not changed as a result of this proposal. All other
standards remain as approved by Special Development District #6.
Standard
Existing
Proposed
Density
Fractional Fee Units
49
No Change
Accommodation Units
100
Dwelling Units
2 (13.6 du /acre)
GRFA
103,924 sq. ft.
104,763 sq. ft.
In AU and FFU (Required >70 %)
97,788 sq. ft. (94 %)
97,788 sq. ft. (93.4 %)
In DU (Required <30 %)
6,136 sq. ft. (6%)
6,975 sq. ft. (6.6%)
Parking
Required
21 1.69 spaces (rounds to 212)
No Change
Provided
218 spaces
Height
77.25 ft. (sloping roof)
No Change
99.75 ft. (tower)
Employee Housing
Approved prior to Inclusionary
84 sq. ft. (pay -in -lieu)
Requirement
5
III. Criteria for Review for the Major Amendment to a Special Development
District
Section 12 -9A -8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the
criteria for review of a Major Amendment to a Special Development District. These criteria have been
provided below, along with an analysis of how this proposal complies with these criteria:
I. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Applicant Response: The architectural design, scale, bulk, buffer zones, identity, character, visual
integrity and orientation of the hotel remain largely unchanged as a result of the proposed
major amendment. The proposed changes to the roof do not effect the overall maximum
building height of the Sebastian. The proposed roof plan is provided below:
Aft CHITECTNRE— PLANN'NG %f
The Sebastian -Vail Penthouse
SCHEMATIC DESIGN Proposed Roof Plan
u
The changes to the area of the south side of the penthouse unit roof are not visible from many
locations within the Village, as indicated in the photos below:
Photo I: Taken
approximately from in
front of A Secret Garden.
Photo 2: Taken from deck
area of VVI.
The changes to the north side of the penthouse roof are visible from the Frontage Road, as
indicated in the photo below:
Photo 3: Taken from north
side of South Frontage Road
An analysis of the building stepping of the building is provided below:
BUILDING STEPPING
0 0 0 0 q 0 0 0 q q q 4
EXISTING
- of
I I I I I
EXISTING EAST ELEVATION
0 0 0 o Q 0 0 0 q q Q Q
PROPOSED EAST ELEVATION
PROPOSEDI
I
As indicated in the analysis, the proposed addition remains true to the character of the existing
architecture and is compatible with the character of the neighborhood.
Since the original approval of the Sebastian, the character of the Village has changed
dramatically, with many projects approved with greater height than was approved here. The
additions to the building do not alter the overall character of the building which remains
compatible with the immediate environment.
2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship
with surrounding uses and activity.
Applicant Response: The Sebastian is a mixed -use type of development, including commercial,
lodging, recreational, and residential uses. There is no change in use or activity, along with no
change to the number of dwelling units for the property. The addition of GRFA to an existing
dwelling unit remains consistent with the intended purpose of the underlying zoning of Public
Accommodation and the intent of Vail Land Use Plan. Adjacent properties include a similar mix
of uses. The density and uses proposed forThe Sebastian do not conflict with the compatibility,
efficiency, or workability of the surrounding uses and activities on adjacent properties.
3. Parking And Loading. Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
Applicant Response: Parking for the penthouse unit was assessed with the original development
of the property. The addition of GRFA does not increase the parking requirement for this unit.
Currently, the property is required 212 parking spaces and there are 218 parking spaces
provided. All parking and loading requirements have been met.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies
and urban design plans.
Applicant Response: The Sebastian is within the boundaries of the Vail Village Master Plan. The
following general objectives are applicable to this application:
Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial
facilities.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our
guests, visitors and residents.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing
lodging and commercial facilities to better serve the needs of our guests.
In addition to the general objectives of the Vail Village Master Plan, the Sebastian is located
within Mixed Use Sub -Area #1 as indicated in the following map:
D
7i-
[JI IeE
MIXED USE SUB -AREA
rP, —11
5s
The Vail Village Master Plan offers the following with regard to this property:
5. Natural And /Or Geologic Hazard. Identification and mitigation of natural and /or geologic hazards that
affect j`ect the property on which the special development district is proposed.
Applicant Response:The proposed addition has has no effect on the above criterion.
6. Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Applicant Response:The proposed addition has no effect on the above criterion. There are no
changes proposed to the site plan and all open space provisions remain as originally approved.
10
#1 -1 Vail Village Inn
11
Final phase of Vail Village Inn project to be
completed as established by development plan
for SDD #6. Commercial development at
ground, level to frame interior plaza with
'
* =q.
greens pace. Mass of buildings shall "step 9 "p u P 9 P"
from existing pedestrian -scale along Meadow
y— d'
Drive to 4 -5 stories along the Frontage Road.
Design must be sensitive to maintaining view
corridor from 4 -way stop to Vail Mountain.
Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1,
v
•`�
vnr�o� iw au+YA
5.1, 6.1.
5. Natural And /Or Geologic Hazard. Identification and mitigation of natural and /or geologic hazards that
affect j`ect the property on which the special development district is proposed.
Applicant Response:The proposed addition has has no effect on the above criterion.
6. Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Applicant Response:The proposed addition has no effect on the above criterion. There are no
changes proposed to the site plan and all open space provisions remain as originally approved.
10
7. Tra ffic: A circulation system designed for both vehicles and pedestrians addressing on and off j`� site traffic
circulation.
Applicant Response:The proposed addition has no effect on the above criterion.
8. Landscaping. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Applicant Response:The proposed addition has no effect on the above criterion.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the special development district.
Applicant Response:The proposed addition has no effect on the above criterion.
11
IV. Adjacent Addresses
JOHN D GOODMAN
PO BOX 1886
0105 EDWARDS VILLAGE BLVD, STE D -201,
EDWARDS, CO 81632
9VAIL RD,ASSOC
9VAIL RD.
VAIL, CO 81657
JOSEF STAUFER
100 E MEADOW DR #31,
VAIL, CO 81657
ARTHUR ANDREW ABPLANALP JR.
POST OFFICE BOX 2800,
VAIL, CO 81658 -2800
SLIFER MANAGEMENT CO.
C/O MS. SALLY HANLON,
385 GORE CREEK DRIVE - R -2,
VAIL, CO 81657
MCNEILL PROPERTY MANAGEMENT
2077 N. FRONTAGE RD. #300,
VAIL, CO 81657
KEVIN DEIGHAN
12VAIL ROAD, SUITE 600
VAIL, CO 81657
VAIL HOTEL 09 LLC
GENERAL COUNSEL
745 SEVENTH AVE
NEWYORK, NY 10019
MAURIELLO PLANNING GROUP
PO BOX 4777
EAGLE, CO 81631
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
SOLARIS PROPERTY OWNER LLC
141 E MEADOW DR 211
VAIL, CO 81657
FIRSTBANK OFVAIL
FIRSTBANK HOLDING CO
PO BOX 150097
LAKEWOOD, CO 80215 -0097
SONNENALP PROPERTIES INC
20VAIL RD
VAIL, CO 81657
VILLAGE INN PLAZA - PHASEV CONDOMINIUM
ASSOCIATION
CROSSROADS REALTY LTD
PO BOX 1292
VAIL, CO 81658
TALISMAN CONDOMINIUM ASSOCIATION
PTARMIGAN MANAGEMENT
62 E MEADOW DR
VAIL, CO 81657
ONEWILLOW BRIDGE ROAD CONDOMINIUM
ASSOCIATION, INC.
CORPORATION SERVICE COMPANY
1560 BROADWAY STE 2090,
DENVER, CO 80202,
ONEWILLOW BRIDGE ROAD CONDOMINIUM
ASSOCIATION
4148 NORTH ARCADIA DRIVE,
PHOENIZ,AZ 85018 -4302
VAIL GATEWAY PLAZA CONDOMINIUM
ASSOCIATION, INC.
VAILTAX &ACCOUNTING
P. O. BOX 5940
AVON, CO 81620
TOWN OFVAIL
FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
ONEVAIL ROAD PRIVATE RESIDENCE OWNERS'
ASSOCIATION, INC.
BALLARD SPAHRANDREWS & INGERSOLL LLP
1225 17TH ST., SUITE 2300,
DENVER, CO 80202
ONEVAIL ROAD PRIVATE RESIDENCE OWNERS
ASSOCIATION, INC.
I VAIL ROAD
VAIL, CO 81657
THE RESIDENCES AT SOLARIS CONDOMINIUM
ASSOCIATION
P.O. BOX 5450
AVON, CO 81620
ONEWILLOW BRIDGE COMMERCIAL, LLC
141 EAST MEADOW DRIVE, SUITE 211
VAIL, CO 81657
ONEWILLOW BRIDGE ROAD ASSOCIATION INC
I WILLOW BRIDGE RD
VAIL, CO 81657
VAILVILLAGE PLAZA CONDOMINIUM ASSOCIATION
PO BOX 2264, C/O SLIFER MANAGEMENT COMPANY,
EDWARDS, CO 81632
STEPHEN L STAFFORD
0105 EDWARDS VILLAGE BLVD, SUITE G206,
EDWARDS, CO 81632
12
Appendix: Plans for the Proposed Penthouse Unit at the Sebastian
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Ad Name: 9524360A
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account number is- 1 OP2P 33
Vail Daily
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 9/6/2013 and
that the last publication of said notice was dated 9/6/2013 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/23/2013.
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 09/23/2013.
� 2M 4,& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt -ARP$
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, Vail Town Code, on September 23, 2013
at 1:00 pm in the Town of Vail Municipal Building.
A request for the review of a variance from Section
12- 14 -17, Setback from Watercourse, Vail Town
Code, pursuant to Chapter 12 -17, Variances, Vail
Town Code, to allow for the construction of gross
residential floor area within the prescribed setback,
located at 1975 Placid Drive Unit 33 /Lot 33, Vail
Village West Filing 2, and setting forth details in re-
gard thereto (PEC130025).
Applicant: Rosslyn May Valentine Residence Trust,
represented by Richard Bolduc
Planner: Joe Batcheller
The applications and information about the propos-
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
public is invited to attend site visits. Please call
970 - 479 -2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24 -hour notification. Please call
970 - 479 -2356, Telephone for the Hearing Im-
paired, for information.
Published September 6, 2013 in the Vail Daily.
(9524360)
Ad Name: 9560326A
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account number is- 1 OP2P 33
Vail Daily
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 9/20/2013 and
that the last publication of said notice was dated 9/20/2013 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/27/2013.
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 09/27/2013.
� 2M 4,& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt -ARP$
My Commismn Expires 1110112015
PLANNING AND ENVIRONMENTAL
COMMISSION
September 23, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
60 minutes
1. Gore Creek Water Quality Update - Kristen Ber-
tuglia
45 minutes
2. A request for a recommendation to the Vail
Town Council on a major amendment to Special
Development District No. 6, Vail Village Inn, pursu-
ant to Section 12- 9A -10, Amendment Procedures,
Vail Town Code, to allow for an addition to an ex-
isting dwelling unit, located at 16 Vail Road, (The
Sebastian) /Part of Lots M, N, and O, Block 5D, Vail
Village Filing 1, and setting forth details in regard
thereto. (PEC130021)
Applicant: AMPH, LLC, represented by Mauriello
Planning Group
Planner: Warren Campbell
ACTION:
MOTION: SECOND:VOTE:
CONDITION(S):
3. A request for a recommendation to the Vail
Town Council on the adoption of the 2013 Gerald
R. Ford Park Master Plan, an assemblage of the
1985 Ford Park Master Plan, the 1997 Ford Park
Management Plan, and the 2012 Ford Park Man-
agement Plan Amendment, located at 530, 540,
and 580 South Frontage Road East/Unplatted, and
setting forth details in regard thereto. (PEC130012)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Table to October 14, 2013
MOTION: SECOND:VOTE:
4.A request for the review of a variance from Sec-
tion 12- 14 -17, Setback from Watercourse, Vail
Town Code, pursuant to Chapter 12 -17, Variances,
Vail Town Code, to allow for the construction of
gross residential floor area within the prescribed
setback, located at 1975 Placid Drive Unit 33 /Lot
33, Vail Village West Filing 2, and setting forth de-
tails in regard thereto (PEC130025).
Applicant: Rosslyn May Valentine Residence Trust,
represented by Richard Bolduc
Planner: Joe Batcheller
ACTION: Table to October 14, 2013
MOTION: SECOND:VOTE:
5.Approval of September 9, 2012 minutes
MOTION: SECOND: VOTE:
6.Information Update
7.Adjournment
MOTION: SECOND: VOTE:
The applications and information about the propos-
als are available for public inspection during regu-
lar office hours at the Town of Vail Community De-
velopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
ment Department. 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
item. Please call (970) 479 -2138 for additional in-
formation. Sign language interpretation is available
upon request with 24 -hour notification. Please call
(970) 479 -2356, Telephone for the Hearing Im-
paired, for information.
Community Development Department
Published September 20, 2013 in the Vail Daily
(9560326)