HomeMy WebLinkAbout2013-1125 PECTOWN OF VAft� PLANNING AND ENVIRONMENTAL COMMISSION
November 25, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
20 minutes
A request for the review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional
Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new
covered ticket booth entry at the Lionshead Parking Structure, located at 350 South Frontage
Road West/ Lot 1, Block 2, Vail Lionshead First Filing, and setting forth details in regard thereto.
(PEC130032)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Joe Batcheller
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
90 minutes
2. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -6D-
8, Density Control, Vail Town Code, to strike the requirement that existing lots under 14,000
square feet in area are permitted only a single dwelling unit, and setting forth details in regard
thereto. (PEC130027)
Applicant: Williams Family Trust, represented by the Devlin Law Group, LLC
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
3. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for text amendments to
several sections of the Vail Town Code to add provisions regulating development applications on
properties that have a documented code violation, and setting forth details in regard thereto.
(PEC130033)
Applicant: Town of Vail, represented by Matt Mire
Planner: Jonathan Spence
ACTION: Withdrawn
Page 1
4. A request for the review of variances from Section 12 -7D -9 Landscaping and Site Development,
Section 12 -7D -10 Parking and Loading, Section 14 -5 -1, Minimum Standards and Section 14 -5 -2
Other Requirements, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code,
for relief from the minimum landscape requirement, the parking space dimensional requirement,
the snow storage requirement and to allow parking in the front setback, to facilitate the
construction of a freestanding building with associated parking, circulation and landscape
improvements, located at 2171 North Frontage Road West (McDonald's) /Lot 2B, Vail Das
Schone Filing 3, and setting forth details in regard thereto. (PEC130018)
Applicant: McDonald's USA, LLC, represented by Robert Palmer
Planner: Jonathan Spence
ACTION: Table to January 13, 2014
MOTION: SECOND: VOTE:
5. A request for the review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional
Uses, Vail Town Code, to allow for a drive -up facility, located at 2171 North Frontage Road West
(McDonald's) /Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto.
(PEC130014)
Applicant: McDonald's USA, LLC, represented by Robert Palmer
Planner: Jonathan Spence
ACTION: Table to January 13, 2014
MOTION: SECOND: VOTE:
6. 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 January 13, 2014
MOTION: SECOND: VOTE:
7. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to amend Section 11- 17 -12,
Vehicular Signs, Vail Town Code, to clarify ambiguous language, and setting forth details in
regard thereto. (PEC130026)
Applicant: Town of Vail
Planner: Jonathan Spence
ACTION: Table to December 16, 2013
MOTION: SECOND: VOTE:
8. Approval of November 11, 2013 minutes
MOTION: SECOND: VOTE:
9. Information Update
10. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
Page 2
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 November 22, 2013 in the Vail Daily.
Page 3
TOWN OF VAIL
PLANNING AND ENVIRONMENTAL COMMISSION
November 25, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Bill Pierce
Susan Bird
Michael Kurz
Luke Cartin
Pam Hopkins
John Rediker
MEMBERS ABSENT
Henry Pratt
20 minutes
A request for the review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional
Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new
covered ticket booth entry at the Lionshead Parking Structure, located at 350 South Frontage
Road West/ Lot 1, Block 2, Vail Lionshead First Filing, and setting forth details in regard thereto.
(PEC130032)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Joe Batcheller
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0
CONDITION(S):
1. This conditional use permit approval is contingent upon the applicant obtaining
Town of Vail approval of the associated design review new construction
application.
2. Prior to the start of construction, the applicant must obtain a Town of Vail
Public Way permit and comply with the Public Works General Conditions for
construction.
3. In conjunction with the Design Review application the applicant shall revise the
landscaping plan to create a year round vegetative screen which reflects the
overall landscaping design approach submitted for the South Frontage Road
frontage.
Joe Batcheller gave a presentation per the staff memorandum.
Commissioner Bird inquired as to the incoming traffic flow and its appearance that it is
constricted. Specifically, the entrance to the site off of the South Frontage Road, being restricted
to one lane.
Tom Kassmel, Town Engineer, responded that it is in the future plans to make intersection
improvements.
Commissioner Rediker asked for clarification on the thinking behind having one lane in and two
lanes out of the site.
Page 1
Tom Kassmel explained the existing situation and how the design will improve the existing
conditions. A majority of the traffic to the site comes from the east and makes a left turn into the
site.
Commissioner Pierce inquired as to the time period to fill and exit the structure.
Tom Kassmel explained that the structure does generally fill over a longer period of time than the
time period when which most guests depart.
Commissioner Cartin asked about the thinking about the roofed covering.
Tom Kassmel explained that the roof covering will provide some protection from the weather, but
will serve to improve the guest experience (sense of arrival) and clearly identify where the
parking structure entry is located.
Commissioner Pierce inquired as to the design's accommodation of oversized vehicles.
Tom Kassmel explained that the design includes the ability for larger vehicles to go under the
canopy for needs such as the skate park set -up ad removal.
Commissioner Pierce asked if charter buses would be able to get through the exiting traffic.
Tom Kassmel explained that the situation that currently exists would get no worse.
Commissioner Kurz asked about emergency vehicle access.
Tom Kassmel spoke to the access for ambulances. Fire trucks will not stage on the upper deck
of the parking structure.
Jim Lamont, Vail Homeowners Association, asked if this design would function if the town
decided to add additional decks. He further asked if there were any large trees proposed to be
removed.
Tom Kassmel stated the design would work. He highlighted the three trees that would be
removed to expand the exit ramp to two lanes.
Jim Lamont followed up with a question regarding the incorporations of medians and road
improvements in general. He urged that a condition be added to the application to include some
larger trees be planted where trees were removed for the transit bus stop.
Tom Kassmel discussed the future frontage road improvements
Commissioner Pierce asked about this design and the potential for the charter bus lot to serve as
the recycling center.
Tom Kassmel explained that curb -side recycling is being discussed and may make the site
unnecessary, but if necessary it could occur.
Commissioner Kurz stated his support for the project as the missing piece to complete all the
other improvements.
90 minutes
Page 2
2. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -6D-
8, Density Control, Vail Town Code, to strike the requirement that existing lots under 14,000
square feet in area are permitted only a single dwelling unit, and setting forth details in regard
thereto. (PEC130027)
Applicant: Williams Family Trust, represented by the Devlin Law Group, LLC
Planner: Warren Campbell
ACTION: Recommendation of denial
MOTION: Kurz SECOND: Cartin VOTE: 4 -2 -0 (Hopkins and Bird recused)
Commissioners Bird recused due to the inability to remain unbiased as she owns a
nonconforming property in the zone district.
Commissioner Hopkins recused due to a conflict of interest as the Williams Family Trust is a
current client.
Warren Campbell gave a presentation per the staff memorandum.
Tim Devlin, Devlin Law Group, gave a presentation on behalf of the applicant, the Williams
Family Trust. Mr. Devlin spoke to his letter dated, October 1, 2013.
Commissioner Kurz asked if there was a ruling from Council regarding this application involving
a takings issue.
Warren Campbell stated that there had been a conversation with Matt Mire, Town Attorney, and
it was found that there was no takings concern with regard to this application.
Brooks Bock, President of the Grand Traverse HOA, stated that his HOA was opposed to the
proposed amendment.
Joe Stauffer, resident, stated his opposition to blanket up- zoning contained within the proposed
application. The applicant should seek a variance and make a case for its approval.
Jim Lamont, Vail Homeowners Association, stated his recommendation to table the application
because of the legal issues that could arise out of this application if it wasn't understood. He
spoke the changes in the law that have occurred in the last 50 years and the realization that
maybe there needs to be a new zone district to address these types of issues. He used the
creation of the Public Accommodation 2 District to address the need that the Public
Accommodation District was not fulfilling. He added that his organization had not discussed the
application in detail, but because of its implications he was sure his HOA would be concerned
about fair and equal treatment. We should avoid at all costs another lawsuit, when the issue
could be resolved in other ways. He noted the 1973 ordinance adopting was predicated on
addressing concerns with over - growth and crowding. He went on to describe the 1979
ordinance incorporating the initial concepts of employee housing, was attempting to address
social equity in the "haves and the have not so much ". As a successful town, Vail will always
want to grow. The special development district process has resulted in an explosion of density
beyond zoning and what was attempted to be addressed in the 1970s. There is probable cause
for Tim Devlin to defend this application in court. Yes, there is a need to re- evaluate the Vail
Land Use Plan, but that will take time and be tedious and this applicant should not have to wait.
We need to create a special zone district and restore value to these properties.
Tim Devlin said this is not an up- zoning. The density (two dwelling units) is already on the site.
The applicant is asking to be able to construct an addition to the structure.
Page 3
Commissioner Pierce hypothesized the potential for two dwelling units on a 10,000 s.f. lot. It
seems not to be possible. There are other zone districts that have unavailable GRFA in the Town
of Vail due to non conformities. This application would change the density throughout Vail.
Commissioner Kurz stated that he believes in equity and a takings would be a concern, however
he did not see those issue involved with this application. He state that he could not support the
blanket amendment being proposed.
Commissioner Rediker expressed his understanding of this application but felt it was the wrong
vehicle for the applicant to get what the were seeking. The solution is more complex. If there
needs to be a zoning change, then a more comprehensive approach is needed.
Commissioner Cartin stated his empathy for the applicant's constraints, but thought the
application was the wrong way to go about it.
Commissioner Pierce asked to clarify if there were 716 primary /secondary district properties with
263 properties are under 14,000 s.f. He stated the difference between the two - family zone
districts is undeterminable to him. This is to radical of change to make a decision today based in
the information at hand. An example of property subdivision was raised with regard to increasing
density.
Warren Campbell stated the criterion to preserve the character of the neighborhood is often a
difficult to meet when requesting a subdivision of a larger property.
Commissioner Pierce asked why it was appropriate for properties in the single - family district to
be only permitted one unit?
Tim Devlin responded that it is the nature of the zone districts.
Commissioner Pierce asked if the applicant is cherry - picking regulations from the past that suits
their needs? He highlighted that they want the density allowing for two units in the 1960s and
early 70s, but wanted todays GRFA, which is much greater than what was permitted in the past.
Tim Devlin replied no, they are seeking a benefit that is unfairly afforded to other property
owners in the same zone district.
Warren Campbell stated that if the application were to be tabled, clear direction should be given
regarding any additional information that is needed. He suggested that perhaps the application
should move forward as there are policy questions to be discussed.
Commissioner Rediker stated this is not the venue for the applicant to pursue these issues
Commissioner Kurz concurred and made a motion to deny.
3. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for text amendments to
several sections of the Vail Town Code to add provisions regulating development applications on
properties that have a documented code violation, and setting forth details in regard thereto.
(PEC130033)
Applicant: Town of Vail, represented by Matt Mire
Planner: Jonathan Spence
ACTION: Withdrawn
Page 4
4. A request for the review of variances from Section 12 -7D -9 Landscaping and Site Development,
Section 12 -7D -10 Parking and Loading, Section 14 -5 -1, Minimum Standards and Section 14 -5 -2
Other Requirements, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code,
for relief from the minimum landscape requirement, the parking space dimensional requirement,
the snow storage requirement and to allow parking in the front setback, to facilitate the
construction of a freestanding building with associated parking, circulation and landscape
improvements, located at 2171 North Frontage Road West (McDonald's) /Lot 2B, Vail Das
Schone Filing 3, and setting forth details in regard thereto. (PEC130018)
Applicant: McDonald's USA, LLC, represented by Robert Palmer
Planner: Jonathan Spence
ACTION: Table to January 13, 2014
MOTION: Kurz SECOND: Cartin VOTE: 4 -0 -0
5. A request for the review of a conditional use permit, pursuant to Section 12 -7D -2, Conditional
Uses, Vail Town Code, to allow for a drive -up facility, located at 2171 North Frontage Road West
(McDonald's) /Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto.
(PEC130014)
Applicant: McDonald's USA, LLC, represented by Robert Palmer
Planner: Jonathan Spence
ACTION: Table to January 13, 2014
MOTION: Kurz SECOND: Cartin VOTE: 4 -0 -0
6. 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 January 13, 2014
MOTION: Kurz SECOND: Cartin VOTE: 4 -0 -0
7. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to amend Section 11- 17 -12,
Vehicular Signs, Vail Town Code, to clarify ambiguous language, and setting forth details in
regard thereto. (PEC130026)
Applicant: Town of Vail
Planner: Jonathan Spence
ACTION: Table to December 16, 2013
MOTION: Cartin SECOND: Rediker VOTE: 4 -0 -0
8. Approval of November 11, 2013 minutes
MOTION: Rediker SECOND: Cartin
9. Information Update
10. Adjournment
MOTION: Cartin SECOND: Kurz
VOTE: 3 -1 -0 (Kurz recused)
VOTE: 4 -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
Page 5
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 November 22, 2013 in the Vail Daily.
Page 6
0) TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 25, 2013
SUBJECT: A request for the review of a conditional use permit, pursuant to Section
12 -9C -3, Conditional Uses, Vail Town Code, for a public building and
grounds, to allow for the construction of a new covered ticket booth entry
at the Lionshead Parking Structure, located at 350 South Frontage Road
West/ Lot 1, Block 2, Vail Lionshead First Filing, and setting forth details in
regard thereto. (PEC130032)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Joe Batcheller
SUMMARY
The applicant, the Town of Vail, is requesting the review of a conditional use permit,
pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, for a public building
and grounds, to allow for the construction of a new covered ticket booth entry at the
Lionshead Parking Structure, located at 350 South Frontage Road West. The new
structure will be located in the northeast portion of the Lionshead Parking Structure's
upper deck, where vehicles enter and exit the parking structure. The proposed structure
is essentially a pavilion that will provide cover for automated parking ticket dispensers,
pay stations, two attendant booths, and a small structure to house an office and boiler
room.
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 approves, with conditions
this request subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is proposing to construct a new covered ticket booth to
replace the existing entrance and exit facility for the Lionshead Parking Structure. The
existing arrangement consists of independent ticket booths, ticket dispensers, and
entrance and exit gates. The proposed structure will be a pavilion covering automated
parking ticket dispensers, pay stations, two attendant booths, and a small structure to
house an office and boiler room.
This property is located within the General Use (GU) District. Within the GU District a
public building and grounds is identified as a conditional use thus requiring review by
the Planning and Environmental Commission. Pursuant to Section 12 -9C -5,
Development Standards, Vail Town Code, the allowable development standards in the
GU District are established by the Planning and Environmental Commission during the
review of a conditional use permit application.
The applicant has provided a written narrative of the project (Attachment A) and the
proposed architectural and engineering plans (Attachment B). Also attached is Chapter
8, Architectural Design Guidelines of the Lionshead Redevelopment Master Plan
(Attachment C), Map R of the Lionshead Redevelopment Master Plan (Attachment D).
III. BACKGROUND
On November 8, 2010, the Planning and Environmental Commission approved, with
conditions, a conditional use permit to facilitate the construction of a new structure to
replace the Lionshead Parking Structure Auxiliary Building. This was the second phase
of improvements to improve guest services and transit at the Lionshead Parking
Structure. The conditions required the applicant to acquire to a final approval from the
Design Review Board; mitigate lost parking capacity; and acquire a Public Way permit.
The new structure provides guest related facilities that included public restrooms and
lockers, a waiting area, a guest information area, Vail Recreation District space, and a
multi - purpose community room.
Throughout the summer and fall of 2013, the Town of Vail Public Works Department
has been working with a consultant team to identify the function and cost of a new
entrance and parking ticket facility for the Lionshead Parking Structure.
On May 10, 2010, the Planning and Environmental Commission approved a conditional
use permit to facilitate the construction of a new public transportation terminal (bus stop
and shelter) along the South Frontage Road to provide shelter and restroom facilities to
riders of Eagle County Transit and to incorporated skier drop -off on the lowest level of
the parking structure on the west end adjacent to East Lionshead Circle. This was the
first phase of improvements to improve guest services and transit at the Lionshead
Parking Structure.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part)
ARTICLE 12 -9C: GENERAL USE DISTRICT
Section 12 -9C -1: PURPOSE.
The general use district is intended to provide sites for public and quasi - public uses
which, because of their special characteristics, cannot be appropriately regulated by the
development standards prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in section 12 -1 -2 of this title and to
provide for the public welfare. The general use district is intended to ensure that public
buildings and grounds and certain types of quasi - public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail,
to harmonize with surrounding uses, and, in the case of buildings and other structures,
to ensure adequate light, air, open spaces, and other amenities appropriate to the
permitted types of uses.
Section 12 -9C -5. DEVELOPMENT STANDARDS.
A. Prescribed by Planning and Environmental Commission. In the General Use District,
development standards in each of the following categories shall be as prescribed by the
planning and environmental commission.
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
B. Reviewed by Planning and Environmental Commission. Development standards shall
be proposed by the applicant as a part of a conditional use permit application. Site
specific development standards shall then be determined by the planning and
environmental commission during the review of the conditional use request in
accordance with the provisions of chapter 16 of this title.
CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part)
Section 12 -16 -1. PURPOSE; LIMITATIONS.
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a conditional
use permit. Because of their unusual or special characteristics, conditional uses require
review so that they may be located properly with respect to the purposes of this title and
with respect to their effects on surrounding properties. The review process prescribed in
this chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
LIONSHEAD REDEVELOPMENT MASTER PLAN
Chapter 4. Master Plan Recommendations — Overall Study Area
4.8 Parking
Parking is a critical component in a mixed -use resort environment such as Lionshead,
and any efforts to enhance this component should adhere to the following goals and
guidelines.
Parking should be visually inconspicuous. Parking should be structured below ground
whenever possible. Surface parking areas should be heavily screened with landscaping,
berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping
or replaced with pedestrian quality paving materials. Surface parking areas should be
avoided in or near the retail pedestrian core area. Although structured parking may be
more desirable visually, it must be properly designed so as not to detract from the
guest's arrival experience.
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 [Attachment D] ).
4.10.1.1 Vehicular Gateways
Because the majority of people coming to Lionshead arrive by vehicle, it is
important that the vehicular arrival points announce and help establish the
identity of Lionshead. The two primary vehicular gateways are the east and west
boundaries of the study area on South Frontage Road (see Map
R). Landscaping, signage, and the adjacent buildings should all communicate to
motorists that they have entered the Lionshead resort area. Secondary vehicular
gateways include all of the cross - streets that access Lionshead from the frontage
road. These intersections should have a consistent landscape treatment and
visible directional signage. A consistent signage package announcing the lodging
4
1V
1y /I
destinations on each street should be an integral component of South Frontage
Road improvements.
SITE ANALYSIS
The site specific development standards of the General Use District are not quantified by the
Town's Zoning Regulations, but are instead prescribed by the Planning and Environmental
Commission during the review of a conditional use permit application.
Address: 350 South Frontage Road West
Legal Description: Lot 1, Block 2, Vail Lionshead First Filing
Zoning: General Use District
Land Use Plan Designation: Lionshead Master Plan
Current Land Use: Public Parking
Lot Size: 283,532 s.f. (6.509 acres)
Development Standard
Allowed/
Existing
Proposed
Required
Setbacks (min):
Front (North)
per PEC
7 ft.
No Change
Rear (South)
per PEC
1 ft.
No Change
Side (West)
per PEC
30 ft.
No Change
Side (East)
per PEC
180 ft.
No Change
Building Height (max)
per PEC
63.67 ft.
No Change
Site coverage (max.)
per PEC
132,926 s.f.
149,152 s.f.
(46.8 %)
(52.6 %)
Landscape area (min)
per PEC
47,651 s.f.
48,485 s.f.
(16.8 %)
(17.1%)
Parking
per PEC
1,102 spaces
No Change
SURROUNDING LAND USES AND ZONING
Existing Use
North: CDOT 1- 70 /HWY 6 Right -of -Way
South: Multi- Family Residential
East: Multi- Family and Public Use
West: Multi- Family Residential
5
Zone District
NA
Lionshead Mixed -Use 1 (LMU -1)
LMU -1 and GU
LMU -1
VII. CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following criteria.
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes the proposed covered ticket booth entry at the Lionshead Parking
Structure furthers the purpose of the General Use District "to ensure that public
buildings and grounds and certain quasi - public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail."
The structure will serve as a first and last impression for our guests and residents to
Lionshead. Staff believes the proposed covered ticket booth entry will enhance that
arrival experience and communicate to motorists that they have arrived in Lionshead, as
called for in the Lionshead Redevelopment Master Plan.
Therefore, Staff believes this proposed conditional use permit will have a positive
relationship and impact on the development objectives of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
In conjunction with the establishment of the Lionshead Redevelopment Master Plan, a
clear need for a renaissance in Lionshead was an underlying goal of the Plan in order to
better the guest experience. A part of this guest experience was an identified need to
redevelop the entrance to the Lionshead Parking Structure. The redevelopment which
has occurred in Lionshead in conjunction with the streetscape improvements has
heightened the need to construct an entry which will serve as a first and last impression
for the guest. This proposal does just that.
There will be little to no negative impact in regard to light and air, distribution of
population, utilities, or schools. Some exterior lighting will used that will be of the same
style and character of that use on the Lionshead Welcome Center. All lighting will be
contained underneath the pavilion and be dark sky compliant.
Staff believes the proposed covered ticket booth entry will enhance the Lionshead
Parking Structure in both the design and function of that transportation facility. This
proposal would allow entry/exit lanes change the direction of traffic flow, which would
allow more vehicles to pass through the entrance and exit facility during peak hours.
Furthermore, the proposal will create a greater sense of arrival than what is currently on
site, thus adding to the sense of place surrounding Lionshead, and Vail in general.
People tend to have a set of expectations for Vail's outdoor recreation facilities and
other public facilities. The proposed covered ticket booth entry will help meet the high
standards people have for Vail and its offerings.
Part of the proposed covered ticket booth entry includes landscaping improvements for
the sloped area between the charter bus lot and East Lionshead Circle. The current
arrangement is a stacked boulder wall at the base of the slope with tall grass above,
between said wall and the charter bus parking lot. Dilapidated fencing is also used to
provide limited screening. Staff believes this arrangement negatively impacts the
adjacent properties, including the pedestrian experience along East Lionshead Circle,
as the existing landscaping is inadequate both in term of aesthetics and its potential to
screen buses and recreational vehicles in the parking lot above. The proposed
landscaping improvements should be reviewed at the design review board to insure the
screening is accomplishing the desired intent. Staff would suggest that it may be more
appropriate to include a greater number of evergreens. The net increase in landscape
area is 834 square feet, bring the landscaped area to 17.1 % of the site. What's more,
this landscape proposal will bring the Lionshead Parking Structure further into
compliance with the intent of Section 14- 5 -2(H) of the Vail Town Code, which requires a
landscape boarder around parking lots.
Therefore, Staff believes this proposed structure will have a positive effect of the use on
light and air, distribution of population, transportation facilities, and other public facilities
needs.
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.
This proposal for a new covered ticket booth entry have been specifically designed and
located to address the items in the above criterion. More vehicles will be allowed to
queue upon entry and exit, preventing possible traffic flow conflicts at the intersection of
South Frontage Road West and the parking structure access. This is achieved by
allowing entry/exit lanes change the direction of traffic flow during peak hours.
Therefore, Staff believes this proposed conditional use permit will have a positive effect
on 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.
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.
Within this zone district many of the zoning parameters are established by the Planning
and Environmental Commission. As a comparison, the properties surrounding the
Lionshead parking structure are zoned Lionshead Mixed Use -1. The zoning regulations
in this zone district allow for minimum setbacks of 10 feet off all property lines, heights
of 82.5 feet maximum with an average of 71 feet, site coverage of 70 %, and a minimum
of 20% landscaping on a site. The existing Lionshead parking structure, in conjunction
with the proposed changes, would comply with the zoning requirements for the adjacent
properties with the exception of the landscape area and the setback of the Lionshead
Welcome Center from the East Lionshead Circle property line.
There are architectural guidelines which pertain to this structure as a result of its
inclusion in the Lionshead Redevelopment Master Plan. Chapter 8, Architectural Design
Guidelines, of the Plan include these provisions and is attached for reference. When
reviewing a proposal of this nature the role of the Commission is to focus on bulk, mass,
height, scale and form for its effect and relationship to the surrounding area and uses.
Staff believes this proposed conditional use permit will fit with the character of the area
in terms of bulk, mass, setbacks, landscape area, and site coverage. Staff believes the
proposed structure complies with the intent of this section.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, this request for a conditional
use permit. This 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 approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses, Vail Town
Code, for a public building and grounds, to allow for the construction of a new
covered ticket booth entry at the Lionshead Parking Structure, located at 350
South Frontage Road West/ Lot 1, Block 2, Vail Lionshead First Filing, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission applies the following conditions:
"1. This conditional use permit approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review new construction
application.
2. Prior to the start of construction, the applicant must obtain a Town of Vail
Public Way permit and comply with the Public Works General Conditions for
construction.
3. In conjunction with the Design Review application the applicant shall revise
the landscaping plan to create a year round vegetative screen which reflects the
F
overall landscaping design approach submitted for the South Frontage Road
frontage. "
Should the Planning and Environmental Commission choose to approve, with
conditions, 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 Vll of the Staff
memorandum to the Planning and Environmental Commission dated November
257 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 General Use.
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. Applicant's request
B. Engineering and architectural plans
C. Chapter 8, Architectural Design Guidelines Lionshead Redevelopment Master Plan
D. Map R of the Lionshead Redevelopment Master Plan
PEC130032
Z E H R E N
AND ASSOC RTES INC
LIONSHEAD PARKING STRUCTURE- TOLLBOOTHS AND ENTRY
Conditional Use Permit
November 20, 2013
Description of this CUP Request
This phase of the Lionshead Transit Project involves replacement of the existing toll booths and
creation of an entry feature that is architectural compatible in quality and style with the other
recent improvements to, and nearby the existing parking facility. A separate, but related,
application has been submitted for the minor modifications to the lower level short term
parking area.
The primary reasons for the replacement of the existing buildings are to:
• Replace obsolete parking equipment;
• Improve the guest experience through functional enhancements to parking operations,
• Present a more consistent and improved visual experience to guests to Lionshead
through the primary vehicular portal;
The Lionshead Parking Structure is zoned General Use (GU). The GU District is intended to
provide sites for public and quasi - public uses subject to approval of a condition use permit. The
condition use contemplated for the improvements is consistent with those uses in a Public
Parking Structure, as listed in 12 -9C -3 of adopted zoning regulations.
Development Standards
In the General Use District, development standards in each of the following categories shall be
as prescribed by the planning and environmental commission:
Development Standard
Allowed or
Required
Existing
Proposed
Setbacks (Minimum)
Front (North)
PEC
7 feet
No Change
Rear (South)
PEC
1 foot
No Change
Side (West)
PEC
30 feet
No Change
Side (East)
PEC
122 feet (to booth)
148 feet (to booth)
138 feet (to canopy)
Building Height
(Maximum)
PEC
63 feet 8 inches
( 9' -0" Existing Booth)
No Change
(27' -3" New Canopy)
Site coverage
(Maximum)
PEC
132,926 square feet (46.8 %)
135,623 square feet (47.75 %)
2,697 sq. ft. (0.95%) Increase
Landscape Area
(Minimum)
PEC
47,651 square feet (16.8 %)
48,485 square feet (17.1 %)
834 sq. ft. (0.3%) Increase
Parking
PEC
1,102 spaces
No Change
Lionshead Parking Garage CUP
November 20, 2013 RECEIVED
By David Rhoades at 8:07 am, Nov 21, 2013
9
Z E H R E N
AND ASSOCVATES. INC.
CUP Criteria
The following criteria are to be used by the PEC in the review of a Conditional Use Permit
request:
Describe the precise nature of the proposed use and the measures proposed to make the
proposed use compatible with other properties in the vicinity.
There is no change in the use of the proposed facility from the use that currently exists. We
believe the use is currently compatible with the surrounding properties and will continue to be
compatible, especially when considering the improved efficiencies in parking operations and
traffic flow.
The relationship and impact of the proposed use on the development obiectives of the Town.
The proposed improvements align with the development objectives of the Town through
provision of an enhanced guest experience, both in terms functional use as well as with
improved visual identity at this key vehicular portal to Lionshead.
The effect of the use on light and air, distribution of population, transportation facilities
utilities, schools, park and recreation facilities, and other public facilities and public facil
naarlc
The proposed improvements will have a negligible effect on the distribution of population,
transportation facilities, utilities, schools, park /recreation facilities, and other public facilities
including public facility needs as no new residents or uses are generated with this proposal.
As the planned structure is open on four sides, the proposed improvements will have a
negligible effect on air circulation and minimal effect on light and shading of on this and
adjacent properties. Shading and potential snow and ice buildup of areas within the property
are mitigated with snowmelted pavement.
Lionshead Parking Garage CUP 2
November 20, 2013
Z E H R E N
AND ASSOCVATES. INC.
The 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 streets and parking areas.
The proposed use modifications will improve traffic flow by providing:
• An increased number of dedicated ingress ticket machines (from two to three);
• An increased number of dedicated egress toll booths (from two to three);
• An increased amount of vehicle stacking for both ingress and egress through offsetting
the parking entry and exits;
• An increased vehicle stacking for egress through removal an existing planter at the exit
ramp of provision of an additional, snowmelted travel lane;
• An increased ability to manage snow and ice accumulation through the use of snowmelt
and roofed areas the parking exit;
• An increased ability to manage snow and ice accumulation through the use of snowmelt
at the parking entry; and
• Decreased vehicular congestion and increased traffic flow through the use of dedicated,
striped exit turn lanes at the frontage road intersection.
The effect upon the character of the area in which the proposed use is located, including the
scale and bulk of the proposed use in relation to surrounding uses.
The new structure is intended to act as a marquee identifying the vehicular entry to Lionshead
and provides a visual connection to the other public structures on the building site.
The proposed canopy is of a similar mass, scale, bulk and height to other structures on this
property as, well as to those on neighboring properties to the east. Additionally, the scale is
appropriate to those vehicular uses that it serves.
Lionshead Parking Garage CUP
November 20, 2013
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I2
CHAPTER 8: ARCHITECTURAL DESIGN GUIDELINES
8.1 Vision Statement
The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and
exciting community within one of the premier resorts in the world. Lionshead's mountain
location, proximity to the ski slopes, and ample residential base evokes the vision of a truly
special place, full of vitality and interest. This vision can be achieved through redevelopment
of the community by addressing site and architectural issues, and through consistent and
effective transitions from existing to new buildings.
The pedestrian experience of the public spaces within Lionshead is the most critical issue for
redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid
organization and lack of animation and architectural coherency within the spaces. One of the
most effective ways to intensify this experience is through careful design of the architecture
which defines the public spaces. Visually dynamic variation at the pedestrian level can help
avoid a monotonous streetscape, and judicious use of ornament, detail, artwork, and color can
reflect individuality and establish a variety of experience.
The architecture of Lionshead is envisioned as a unified composition of buildings and public
spaces based on the timeless design principles of form, scale, and order, made responsive to
their setting and environment. It is not envisioned as a strict dictation of a specific "style" or
"theme." Many existing buildings within the community are built of monolithic concrete slabs
and lack any sense of order or personality. The new image for Lionshead should move towards
the future —using historical alpine references and Vail Village as antecedents. This design
framework will allow individual property owners freedom of expression within the
personalities of their buildings while establishing and maintaining an overall unifying character
and image for the entire community. In addition, it is paramount that the redevelopment effort
address specific design considerations generated by the location, climate, and surrounding
environment, such as addressing views, using indigenous building materials, and reflecting the
alpine heritage.
Designing in response to our regional heritage, adhering to a consistent architectural order, and
enhancing the public experience will enable Lionshead to define its own identity—making it a
distinct and special place not just within the context of Vail, but within kindred mountain
communities around the world.
8.2 Organization, Purpose and Scope
The organization of the Lionshead Architectural Design Guidelines is based upon describing
the "big picture" of the redevelopment effort first, and then studying the more detailed aspects.
Sections 8.1 and 8.2 begin with the "big picture" and offer the "vision" for Lionshead, and
provide explanatory information regarding organization, purpose, and scope. Section 8.3
contains special provisions for new and existing structures, including redevelopment priorities,
triggers, and transition tools. This Section addresses how flexibility in the application of the
Guidelines should be applied to development applications under consideration by the Town's
Boards and Commissions. Section 8.4 contains the Guidelines themselves, but begins first with
the "big picture" of planning considerations which may overlap with the Lionshead Master
Plan. Prospective developers and /or designers should study this portion of Section 8.4
8 -1
carefully, to see what design criteria must be met if their project occupies a special site relative
to building roles, pedestrian streets, or transition spaces. The latter portion of Section 8.4 deals
with the architectural principles of the Design Guidelines, starting first with overall issues such
as building form and massing, then moving into more detailed issues such as dimensional
criteria for architectural components, materials, and colors. Section 8.5 provides a "quick
glimpse" of the quantitative values outlined in the Guidelines.
h — e
I
lip
f �IRA,;
r,
Fig 8- 1. lire image ol'l.iorlsheadshould cuwrrbwe to its ".sense Ulplace.
v
J
The purpose of the Lionshead Architectural Design Guidelines (ADG) is to work in concert
with the Lionshead Master Plan to enhance the existing experience within the community,
improve the quality of life, focus direction for future growth, create visual harmony, and
improve property values for businesses and homeowners. This document constitutes a design
philosophy for the community, which when integrated with the Lionshead Master Plan, helps to
establish Lionshead as a coherent, dynamic village with a true "sense of place." These
Guidelines are intended to direct the growth of the community through distinct levels of
perception, from views of the neighborhood from the mountain and the highway, to perceptions
within its pedestrian streets, to the detail level of artistry and ornamentation on the structures
themselves.
The scope of the Design Guidelines includes all criteria related to the architectural design of
new and redevelopment projects within Lionshead, along with site and planning criteria which
relate directly to architecture. Other site and planning criteria may be found in the Lionshead
Master Plan, and should be reviewed concurrently with these Guidelines. Structures which
have been reviewed and approved by regulatory agencies for Lionshead prior to the
endorsement date of this document may present special circumstances with respect to the
criteria cited within these Guidelines, and will be handled per Section 8.3.
11.0
Fig S -?: Portals olfte r present the first images of tfae coaratr unin- to pedestrums,
8.3 New and Existing Structures
8.3.1 Special Provisions
While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are
not intended to limit the efforts of developers and /or designers involved with new and
existing structures. It is understood that many of the buildings within the community or
may be unable to comply with some of the criteria described in the ADG. Many
existing buildings, for instance, may already exceed the height criteria identified. Some
existing roof pitches within the community may not meet the numerical values
described. And many of the existing pedestrian streets may fall well short of the "ideal"
proportions depicted. These and similar issues will be handled on a case -by -case basis,
with determination of compliance based upon whether the building meets the general
intent of these Guidelines and the tenets described herein.
Similar to existing structures, it is also understood that from time to time the Town may
determine that it is desirable to afford flexibility in strict application of the Guidelines to
new development projects. In these instances, the reviewing body shall rely upon the
stated review criteria for deviations to the Architectural Design Guidelines outlined in
sub - section 8.3.3.A contained herein.
Proposed renovations or additions which meet the general intent of the ADG will be
offered more latitude with respect to specific non - compliant items than those which
stray from the overall vision of Lionshead as described within—variances will be
granted from the detail of the Guidelines if the overall intent is met. In addition, any
meaningful efforts to enhance existing structures will be recognized as positive
progress, and strict compliance with the "letter" of these Guidelines is not meant to
discourage potential improvements.
8 -3
8.3.2 Development Master Plans
Since many of the structures within Lionshead are pre- existing, Development Master
Plans are highly encouraged to define long -range goals for buildings within individual
parcels. These Plans should be presented to the Design Review Board (DRB) for
review when applying for initial building design approval, and should include
information such as:
• Overall architectural "vision" for all buildings within the site
• Design strategies for maintaining consistent architectural language between
renovations and new construction within the site
• Proposed phasing plans
8.3.3 Redevelopment Prioritization and "Triggers"
Consistent with Section 8.3.1 above, existing properties are encouraged to renovate and
rehabilitate, to the greatest extent possible, the exterior of their buildings according to
the parameters of the ADG. It is recognized, however, that a single, complete, and
comprehensive exterior renovation may not be economically possible for all existing
structures, and incremental improvements must be allowed. Having said this, the
following potential exterior improvements should be considered as priorities by both
private property owners and the Town of Vail. All reasonable efforts to encourage,
provide incentives, and facilitate these improvements should be made.
• Renewed and expanded retail frontage. For properties fronting the Lionshead
retail mall and retail pedestrian streets, the renovation and expansion of the
ground floor retail level is perhaps the most critical element in revitalizing the
Lionshead retail core.
• Roofs. As outlined in the ADG, the roofscape of Lionshead is a critical
component in "knitting" together the built environment and providing visual
cohesion to the urban fabric of Lionshead.
• Planning considerations. All buildings in Lionshead, both existing and new
development, should seek to fulfill the roles of landmarks, portals, turning
points, and other roles as outlined in the Master Plan.
• Form, massing and height criteria.
• Building surface treatment- walls, doors, windows, signage, etc.
• All other components of the architectural design guidelines.
A critical question regarding the renovation of existing structures is when compliance
with the architectural design guidelines is "triggered" or required. Regarding this, the
following guidelines should be considered:
• To the greatest extent possible, renovating properties should endeavor to make
significant and meaningful improvements to their properties as opposed to small,
insignificant improvements. This does not discount the importance of any
improvement to a properties exterior.
• Any single incremental improvement to one building element will not
necessarily trigger compliance on all remaining building elements. However,
8 -4
any portion of the building being improved should do so according to the
parameters of the architectural design guidelines. For example, if a property
applies to resurface the walls of their building, this resurfacing should be done
according to the ADG, but will not in and of itself also require the replacement
of the roof, or another major modification, at the same time.
• Any proposal to add significant volume or mass to a property may trigger full
compliance to the Master Plan and Architectural Design Guidelines. Deviations
from this requirement shall require demonstration of compliance with the
procedures and review criteria outlined in Subsection 8.3.3.A herein.
8.3.3.A Review Criteria for Deviations to the Architectural Design Guidelines for New
Development
Similar to the implementation policies of the ADG prescribed for existing structures, the
Town has determined that there may be instances where flexibility in requiring strict
compliance with the Guidelines for new development maybe in the best interest of the
community and the furtherance of the goals and objectives stated in the Lionshead
Redevelopment Master Plan. That said, however, it is acknowledged that such
instances are rare and extraordinary, and shall be considered on a case -by -case basis. To
aid in determining when flexibility shall be afforded to new development from strict
compliance with the Guidelines, review criteria have been established. The degree of
design deviation flexibility afforded to a development project shall bear proportionately
to the extent of the improvements proposed. For example, a development application
that proposes the construction of a new structure which includes the demolition of an
existing structure or adds significant volume or mass to a property, shall more fully
comply with the prescribed Architectural Design Guidelines outlined in the master plan
than an application which proposes a renovation or addition to an existing building
The following criteria shall be used by the Town of Vail Planning & Environmental
Commission and Design Review Board to determine if deviations to the Guidelines
should be granted:
It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of
Vail Planning & Environmental Commission following a recommendation from the
Design Review Board that:
• The request for design deviations are in compliance with the purposes of the
zone district; and
• The proposal which includes the design deviations is consistent with applicable
elements of the Lionshead Redevelopment Master Plan; and
• The proposal which includes the design deviations does not have a significant
negative effect on the character of the neighborhood; and
• The proposal substantially complies with other applicable elements of the Vail
comprehensive plan; and
• The design deviation meets or exceeds the intent of the specific design standards
as prescribed in Section 8.4; and,
• A public benefit is achieved as a result of the design deviation; and,
1:67
• The design deviation furthers the goals, objectives and purposes as stated in
Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. (Res.
18, Series of 2004)
8.3.4 Transition Tools
Transition tools used to revitalize Lionshead are generally outlined in the specific design
criteria within these Guidelines, but are important enough to merit their own
subsections.
8.3.4.1 Build -to Lines
Build -to lines can be used to better define the existing public spaces, and to create new
ones. Delineation of these build -to lines is illustrated within the Master Plan. When
using these planning parameters to define public space, designers should give careful
consideration to the "ideal" pedestrian
street width -to- height relationships
_— -= illustrated in Section 8.4.1.3. Design
Il 4� of new building edges within approved
build -to lines should be carefully
evaluated to make maximum use of the
new retail space, and how the added
�tsr "' building mass adds to the overall
pedestrian experience.
L.ris(u?r
\'e tir
Figs 8 -3 ( 8 -4: Lsisting buildings can he updated using
retail -hevcl colonnades, neu. rnnfloi -i s. door and icindou trim.
and appropriate detadain r.
RZO
8.3.4.2 Roof Replacements
The replacement of flat roofs with
pitched roofs can greatly improve the
image of Lionshead, and roofing
projects for existing structures which
incorporate the criteria described
herein should be considered whenever
possible (see criteria for existing roof
compliance in Section 8.4.2.7).
Roofing projects which are part of
planned building maintenance
programs should be used as
opportunities to add life and interest to
buildings, through the addition of
pitched (or mansard) roofs which meet
the form, pitch, material, and color
criteria identified within these
Guidelines. These retrofitted roofs
will greatly enhance the image of the
individual structures, and will also act
to tie dissimilar structures together
within the community.
8.3.4.3 Door and Window Enhancements
Enhancements to doors and fenestration can also serve to add vitality and
interest to otherwise uninspiring buildings. Doors at primary entries and
retail frontages should be improved whenever possible, to encourage
pedestrian interest and add to the vitality of the streetscape. Modifications to
overall building fenestration and window detailing (at lintels, trim, jambs
and sills) can be used to articulate the notion of base, middle, and top on
buildings, and to introduce mountain - friendly windows to the community in
terms of energy efficiency and views.
8.3.4.4 Building Finishes
Simple improvements to building finishes, such as covering drab, monolithic
precast concrete panels with textured stucco, or applying stone veneer to tie
buildings to their sites, can act as successful transition tools, with relatively
minimal costs. New finishes add to the aesthetic appeal of buildings but can
also be used to provide tangible, value -added improvements to structures,
such as installing exterior insulation and finish systems (EIFS) to increase
thermal performance of buildings, or stone veneer to protect lower levels
from impact damage during snow removal.
8.3.4.5 Detail and Ornamentation
And finally, the addition of ornamentation and other detail appropriate to
Lionshead —used in conjunction with one or more of the previously
mentioned strategies —can greatly refine the quality of architecture
throughout the community. Well- crafted retail fronts will entice passers -by
into shops and other commercial areas, while careful detailing at eave lines
on new roofs will interlock roofs with building masses and tie new roofs to
the overall building language. Custom lintels over doors and windows will
also add visual interest, and detail on building finishes —such as articulated
bands on stucco or finely- crafted stone caps on stone veneer —will add to the
overall quality of structures within Lionshead.
8.4 Design Guidelines
8.4.1 Planning Considerations
8.4.1.1 Introduction
As noted earlier, most criteria governing site issues relative to Lionshead
redevelopment may be found in the Master Plan. However, some site issues
relate directly to the architecture of the community and are therefore
described within this section. Issues such as special "roles" buildings may
play within the community, comfortable proportions for pedestrian streets,
and the notion of domain are crucial concepts which rely heavily on the
architectural entities which define them, and are therefore described in detail
on the following pages.
8 -7
8.4.1.2 Building "Roles"
Certain building sites within Lionshead occupy special locations within the
urban "fabric," or "texture" of the community. To make best use of these
special sites and energize the pedestrian experience, buildings on the sites
will be required to meet the criteria that immediately follow, in addition to
the general criteria described throughout the rest of the document. The
locations of the special sites are identified within the Lionshead Master Plan.
This section outlines specific architectural requirements for buildings which
occupy these critical sites, based upon the types of buildings, or building
"roles" most appropriate to the sites, including portals, edge definers, space
definers, and landmarks.
Portals
Portals act as the "front doors" to communities or urban spaces and therefore
often present the first images to pedestrians. Buildings which are located on
key sites need to act as inviting and "friendly" portals to or within
Lionshead. Stand -alone structures can act as portals through appropriately -
scaled, large openings and significant mass, while multiple structures can
accomplish this through proper siting and relationship to one another.
Human scale can be achieved with portals by introducing horizontal
architectural components which relate to the surrounding context, such as
retail frontage heights and other critical eave heights. This can also be
achieved through careful design of detail which
is considerate of the human form; that is, detail
which relates to dimensions people are most
comfortable with, such as railing heights, head
heights, story heights, and similar proportions.
Portals within Lionshead can be effective if
they present enough mass to enclose the spaces
they are defining, with enough open area to
present the sense of entry needed for a
community of its size and complexity. They
may serve additional functions as well, such as
living areas, bridges, or enclosed connectors,
which can help to further animate the portals
and provide additional income - generating
S -}. If7thin portals, clelad can hc/p achieve
space.
Edge Definers
Whereas portals act as the "front doors" to urban communities, edge -
defining buildings act as the "exterior walls" for communities. Where the
edges of Lionshead meet areas exterior to the community such as Vail
Village, the Gore Creek Corridor, and the highway, buildings must present
E•5•V
Fib 8 -6, Building mass ased 10 define ec�;v.
appropriately - scaled, well- defined
edges to contain Lionshead or act as
distinct transition zones from one
neighborhood to the next. The form,
massing, and height guidelines
identified in Sections 8.4.2.2 and
8.4.2.3 will direct much of the design
of these edges, but additional
considerations such as building siting,
scale, and architectural image should
be taken into account as well.
Building siting should allow for
openings to occur between structures which make up the community edge, to
encourage passers -by to take inviting glimpses inside Lionshead. In
addition, buildings along edges should be scaled according to nearby
structures. Architectural language should be used to offer a consistent image
of Lionshead from the outside—proportions of buildings and the ways in
which they are detailed need to reflect the overall image found within the
community, and "loud," self - promoting buildings which reference only
themselves should be avoided.
Public Space Definers
To continue the analogy, structures r
which define public space act as the LI
"interior walls" of Lionshead.
These buildings should address
public spaces with their primary
facades, and should not "turn their r
backs" to the spaces. Buildings�
I IF
which define public space should
have distinct distinct wall planes, with
relatively minor plan and elevation M _-
offsets. Building footprints which =-
are based upon rigid grid layouts
should be avoided; instead, r.
designers are encouraged to develop
0r
more inviting, irregular public r'
spaces which offer surprises to
Fig �i'- -: f 'rentrir� "n alfs ururrirr! spule•i.
travelers as they proceed through
Lionshead. Definition of the
corners of public spaces is critical to contain those spaces, and can be
accomplished through significant massing at the corners. In addition,
important heights such as tops of shopfronts and prominent eave lines should
be reinforced on buildings which define public space, because they
encourage the eye to follow the "walls" of the public space around its
perimeter, thereby strengthening the sense of encloseure.
RM
Landmarks
A landmark provides a sense of orientation for
the community, and reinforces its "sense of
place" or image. As such, it must be visible
from key locations within the community, such
as portals and major public spaces, and must
offer an image consistent with Lionshead. As a
unique architectural element, a landmark should
be designed to clearly stand out from the rest of
the community, while still presenting a
consistent design language. Care should be
taken to provide a clear hierarchy between the
village landmark and other, secondary
landmarks. Landmarks are most successful
when they serve special functions such as bell
towers, clock towers, monuments, or public art,
rather than being self - serving. Furthermore,
they should be carefully scaled to the buildings
adjacent to them, as well as to the overall scale
of the urban village.
-aF 's -S LmuhnarkS relglorcc rile
w1a,ge ol,[ aonsheacl.
8.4.1.3 Pedestrian Streets
Width -to- Height Relationships
Ratios of width to height at pedestrian streets and other outdoor spaces are
crucial to the success of those spaces. While ideas of comfortable, inviting
scale differ greatly between cultures and individuals, for the purposes of
these Guidelines, European mountain antecedents— integrated with our
Colorado resort location —have been used as the basis for determining
"comfort." With this in mind, pedestrian streets shall be designed with
cross - sections exhibiting 1:1/2 to 1:1 �/z width -to- height ratios.
Approved cross - sections for pedestrian streets will be calculated using the
nearest walls which line the streets. Walls which are 16' high or less (to the
eave) from ground level will not be considered as part of width and height
calculations. Walls greater than 16' high (to the eave), however, interrupt
pedestrian site lines from street level, and offer a strong sense of enclosure
for pedestrians. Therefore, these walls will be included as part of street
width and height calculations. The sketches shown in this section illustrate
some examples of acceptable ratios, using both "short" and "tall" walls.
::MD;
Fig N-9: J.-J.'2 rario (2 ltiszh ivallsr.
Fig 8 -10' 1, 1 1,2 )'atto r' high ivailsr.
The intent of the width -to- height principles is to direct the development of
comfortable, human- scaled pedestrian streets. However, all other criteria
identified within the Lionshead Master Plan and the rest of this document,
such as build -to lines, form and massing criteria, and height restrictions, take
precedence over the ratios identified herein. Within these parameters,
exceptions to the listed ratios may be considered if the intent has been met.
l=ig 8 -11: Conilortable 11- ansition./i -om Public to Semi -
Public doniams at sireel/i•ow.
Public and Private Domain
Proper understanding of the
notion of public and private
domain presents the opportunity
to introduce another level of
pedestrian movement through
Lionshead —one in which traffic
flows laterally across outdoor
spaces, rather than simply along
them. This lateral flow also
reinforces the concept of
weaving the sides of outdoor
spaces together, through
psychological, visual, and
physical ties.
Specific levels of domain can range from public, semi - public, semi - private,
to private. Designed properly, the varying relationships between these levels
can act to strengthen the ties within a village, and add to the spatial
interestor quality level—of the outdoor spaces. These additional "layers"
8-11
of space along public ways add excitement and vitality by presenting varying
strategies of design and detailing to pedestrians as they travel through the
layers from public to private space, or vice - versa. In addition, they provide
comfortable transition spaces from public to private, rather than presenting
an abrupt experience from one
domain to the next. However, poor
design of domain and the ways in
which the different levels interact
can lead to psychological, visual,
and physical segregation of the
levels, leading in turn to empty and
monotonous public spaces rather
than active and interesting ones.
Fir 8 -1?: _lrcades. loggias. and primarr- entries
Should remain to pedevricw .Streets.
The aim of these Guidelines is to
reinforce the concept of
transparency between public and
semi - public, or street and shop.
Segregation of these levels of
domain shall be avoided whenever
possible. To this end, colonnades,
arcades, porticos, and other covered ways along shopfronts shall be designed
to invite—rather than repel—pedestrian traffic. This may be accomplished
through thoughtful design of visual and artistic elements such as signage,
window displays, shopfront lighting, and the like, and physical elements
such as columns, planters, and artwork. As visual and physical barriers are
removed, psychological ones will follow suit. Design of street -edge
sidewalk cafes, patios, and colonnades are described in Section 8.4.1.4 of
this document.
8.4.1.4 Transition Spaces
General
For the purposes of these Guidelines, transition spaces are defined as the
architectural components which line pedestrian streets and other public
spaces. With this in mind, all structures which form transition spaces shall
be designed with the transparency and other characteristics described earlier
in this document, along with the dimensional criteria to follow. The intent is
to create a layer of frontage with interest and life, rather than the typical
homogeneous shopping center so common today. To this end, great latitude
is permitted for the design of transition spaces.
Outdoor Dining /Sidewalk Cafes
M3V)
Semi - public areas such as outdoor dining and sidewalk cafes offer the
opportunity to engage pedestrians with dining activities and serve to animate
the public spaces with the presence of people. As "outdoor rooms"
themselves, these types of spaces create a high level of transparency between
public and semi - public domains. Minor grade changes can actually be very
effective in these areas, and planter walls, guardrails, and the like can act to
define the spaces and add
another level of detail to
j
the public ways.
However, the subtle
--
awareness and interaction
of people from the public
spaces with people inside
the dining areas or cafes is
important, and therefore
severe physical or visual
barriers should be
minimized whenever
possible.
Fiq S43 "0111dooj- r•onms' SlIch LIS Owdoor• dining c"Id
egks can e n,Kcrge the pedeslr•ian.
Streetfront Patios,
Courtyards, and Gardens
As semi - private spaces, patios, courtyards, and gardens which serve hotels,
residences, and other private uses must maintain the solitude for which they
were designed, while at the same time allowing for some interaction between
resident or hotel guest and the pedestrian traveler. In addition, as
components which contribute to the fabric of public spaces, patios,
courtyards, and gardens with street frontage must work in concert with the
street and add to its dynamic nature, through careful attention to scale,
materials, and detailing.
These semi - private amenities should be scaled small enough to avoid
competing with significant public spaces, to maintain the hierarchy of the
outdoor rooms, and make clear distinction between the public, semi - public,
and semi - private domains. Moreover, the materials which define the ground
plane (such as pavers or tiles), the walls of the space (such as stucco or
wood), and the ceiling of the space (such as wood trellises), must work in
harmony with the architectural language of the building itself, and with the
materials used along the street frontage. Details used to articulate these areas
can also contribute to the overall image of the public space and reinforce to
its "sense of place."
8 -13
Colonnades, Loggias, and Arcades
Architectural features such as colonnades or loggias— comprised of columns
supporting one edge of a roof and often called arcades —offer yet another
way to provide successful transitions from public space to semi - public space.
To maintain transparency, however, the components which make up these
features —such as columns, piers, and planter walls—should be designed to
allow unencumbered pedestrian movement around and through them. A
minimum clear space of 6' shall be kept between building faces and
streetfront columns, piers, and planter walls. This clear space will encourage
two -way circulation along retail fronts, and foster comfortable movement. In
addition, the ratio of solid mass (expressed by the column or pier width) to
open area (expressed by the widths of the openings between the columns or
piers) should be designed so it does not act as a barrier which prevents
pedestrians from traveling along or through the colonnade. Changes in
ground plane between public spaces and colonnades, loggias, and atria can
also hinder freedom of pedestrian movement, and should therefore be
generally limited to 12" or less. The overall intent of this section is to direct
the careful design of architectural entities so they do not act as barriers
between public spaces and the buildings those spaces serve. Within these
principles, other factors such as elegant proportions, appropriate scale, and
accessibility must also be considered.
8.4.2 Architecture
8.4.2.1 Introduction
The architectural portion of these Guidelines is intended to provide a unified,
conceptual framework using historical alpine references. It is imperative that
the redevelopment effort address specific architectural design considerations
generated by the location, climate, and surrounding environment —such as
addressing views, using indigenous building materials, and reflecting the
alpine heritage. However, within this framework, the architectural language
of buildings within Lionshead should strive to reinterpret its heritage and
look to the future, instead of simply mimicking the past.
8.4.2.2 Building Form and Massing
Building form and massing—as design determinants —are especially critical
to the success of Lionshead as an interesting, inviting resort. The forms of
buildings and the ways in which they are massed offer opportunities to
present a comfortable, pedestrian scale to the Lionshead traveler, and to
strengthen the continuity of the streetscape throughout. Other vital corridors
within Lionshead which are not along primary pedestrian /retail routes —such
as the Gore Creek Corridor —can also benefit from well - designed massing
which relates to the scale of those corridors. Form and massing act to marry
a building to its site, whether the site is part of a paved plaza or sits within
natural topography, and serve to "break down" the scale of the village fabric
when viewed from the ski hill.
The overall design strategy of building form and massing shall relate to the
8 -14
horizontal organization found within Lionshead (such as shopfront heights,
important floor lines, and critical eave lines), and to the planning
considerations outlined in the Lionshead Master Plan (such as build -to lines,
sun pockets, and view corridors). The intent of this section is to guide the
creation of a village which is appropriately scaled through the use of
segmented forms and masses. The underlying fabric shall be constructed of
structures which rise out of the ground gradually, rather than being vertical
blocks set on the ground plane. At the pedestrian scale, the street level
should be dynamic and interesting, by varying forms and masses at the bases
of buildings. These building "skirts" should not be uniform one- or two -
story masses, but rather fragmented forms which offer interest and diversity.
8.4.2.3 Building Height
General
The following building height and massing criteria shall apply to the
Lionshead Master Plan study area, excluding all residential properties south
of Gore Creek.
Primary Retail Pedestrian Frontages
On any property edge fronting a retail pedestrian street or mall (see site
design guidelines for definition and locations), at least 50% of a building
face shall have a maximum 16' initial eave height, at which point that face
must step back a minimum of 12'. The remaining percentage of building
face may have a maximum 36' initial eave height, at which point the
building face shall step back a minimum of 12'. Eave height is defined as
the distance from finished grade to the initial primary eave of the structure.
Gable faces of buildings are also measured to their eaves, excluding the
actual wall area which comprises the gable. The intent of this
retail /pedestrian street requirement is to present a dynamic, fragmented
streetfront to outdoor spaces, rather than uniform blocks of building mass
(see Section 8.4.2.2).
Ski Yard and Open Space Frontages
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M,
This paragraph applies to the portion of any property not meeting the criteria
of the Primary Retail Pedestrian Frontages section above, and fronting on
the ski yard or the Gore Creek corridor. Due to the unique and highly visible
nature of these areas, building faces fronting them shall be limited to
maximum initial eave heights of 48', at which point those faces shall step
back a minimum of 12'.
It is critical to note that the 48' maximum initial eave height does not allow
for an unarticulated, flat building face from grade to 48'. The horizontal and
vertical maximum unbroken building face requirements, as well as all other
guidelines contained in this chapter and the Master Plan, shall apply.
Remaining Building Frontage
Building faces that do not meet the special site criteria of the sections above
may have a maximum initial eave height of 60', at which point those faces
must step back a minimum of 12'. To the extent possible, all new and
redeveloped buildings in Lionshead should avoid "turning their backs" on
other buildings or important pedestrian corridors. However, it must be
acknowledged that very few buildings have prime frontage on all sides and
almost all buildings will have different programmatic requirements and
visual characteristics on their different faces. Toward that end, a building's
greatest vertical mass and "back of house" functions should occur on the
frontage with the least volume of pedestrian traffic. In addition, components
of a building with the greatest vertical mass should be oriented north -south
to minimize the blockage of southern views and sunlight.
It is critical to note that the 60' maximum initial eave height does not allow
for an unarticulated, flat building face from grade to 60'. The horizontal and
vertical maximum unbroken building face requirements, all other guidelines
contained in this chapter and the Master Plan, and DRB review and approval,
shall still apply.
Wall Surface Criteria
Notwithstanding the previous height and setback requirements, there shall be
no vertical wall face greater than 35' on a building without a secondary
horizontal step in the building face (the horizontal step may be a cantilever
or a setback). This requirement is intended to prevent large, unbroken planes
in the middles of building faces, to further mitigate the visual impact of
building height, and to provide for higher quality and more interesting
articulation of structures. While many instances will necessitate a distance
of at least 24" for this movement, it shall be incumbent upon the developer
to demonstrate that the intent of this requirement has been met.
Absolute Maximum Heights
Absolute Maximum Height is defined as the vertical distance from existing,
finished or interpolated grade — whichever is more restrictive — to the ridge
of the nearest primary roof form to that grade. With this in mind, the
:1000
Average Maximum Height of any building shall not exceed 71 ft.
Notwithstanding the notion of Average Maximum Height, the Absolute
Maximum Height of any building shall not exceed 82.5 ft. Within any
building footprint, height shall be measured vertically from the ridgeline of
the primary roof form on a proposed or existing roof to the interpolated or
existing grade directly below said point on a proposed or existing roof to the
imaginary plane created by the interpolated grades (see Figure 8- 15a -c)
Calculation of Average Maximum Height
The intent of implementing an Average Maximum Height for buildings is to
create movement and variety in the ridgelines and roof forms in Lionshead.
Toward that end, the Average Maximum Height of a building shall be
calculated based upon the linear footage of ridgeline along primary roof
forms. Any amount of primary roof form ridgeline that exceeds 71 ft. must
be offset by at least an equal amount of primary roof form ridgeline falling
below 71 ft., with the distance below 71 ft. equivalent to or greater than the
distance exceeding 71 ft. The average calculation shall be based on the
aggregate linear footage of primary roof forms across an entire structure, not
separate individual roof forms (see Figure 8 -15c)
Average Maximum Height Calculation
Average
Maximum
Height = [Primary Ridge Length (A) X Average Height of Ridge (A)] +
[Primary Ridge Length (B) X Average Height of Ridge (B)]
+[Primary Ridge Length (C) X Average Height of Ridge (C)]
+[...I
[Primary Ridge Length (A) + Primary Ridge Length (B) + Primary
Ridge Length (C) + ( ......
)]
Additional Requirements/Exceptions
MEN
PRIMAXY ROOF
RIDGE LINs
All buildings, regardless of permitted building heights and massing
principles, shall conform to all established Public View Corridors (see
Lionshead Redevelopment Master Plan). Special "landmark" building
elements, such as chimneys, towers, or other unique architectural forms, may
exceed the Absolute Maximum Height, subject to approval by the reviewing
board. This provision is intended to provide for architectural creativity and
quality of building form, and shall not be used as a means or circumventing
the intent of the building height limitations. In addition, regardless of final
building height, buildings shall avoid monotonous, unbroken ridge lines, and
shall provide visual interest through the use varied peak heights, roof forms,
gables, and other appropriate architectural techniques. (Res 8, Series of
2003)
8 -18
Figure 8 -15a — Building Perspectiv
D FMMAxY
.EDGE LINE
PRIMARY '
ROOF FdRM
' f SECONDARY
ROOF FORM - -�Towm - SP6GIAL
ASSUMED PRIMARY 1 r LANDMARK ELEMENT
ROOF RIDGE LINE
PROPERTY LINE
PRIMARY ROOF \� '
RIDGE Lune
I c r
p i
I C ASSUMED PRIMARY
ROOF RIDGE LINE
I ,I
SECONDARY l4 I I
VROOF FORM
it 5110 i 8126 11 813a �1 Ss -I.� 1
SURVEYED SPOT EXISTING OR
Figure 8 -15b — Roof Plan ELEVATION AT 10' INTERPOLATED
HEIGHT INTERVALS GR m],E5
RooF PLAN
E:w1
ASSVMED PRIMARY
ROOF RIDGE LINE
PRIMARY Ro=
RIDGE LENGTH
e
f
U
x
Ava HEIGHT = HI + H2
2
(A55VMED) PRIMARY
ROOF RIDGE LENGTH
TOWER - ESPECIAL
LANDMARK ELEMENT
I �r
H
w
I�
Y INTERPOLATED OR
— FiN1SHE.D GRADE I ExisnNG GRADE
RIDGE HEIGHT EXfSTIlVG GRADE
I
�x
c�
I x
w
Q
w
ASsumED RIDGE HEIGHT
(FLAT DR MANSARD ROOF)
CHEMATIC BUILDING SECTIONS
Figure 8 -15c — Schematic Building Sections
8 -20
r
8.4.2.4
Exterior Walls
General
Exterior walls within Lionshead shall be designed with clear definition of
base, middle, and top. This organizing principle will weave the separate
pieces of the community into a consistent fabric. The tripartite strategy of
base, middle, and top will establish key datums, or special horizontal layers,
within the community which
reinforce the form, massing
and height guidelines
, described earlier. To this
end, the three -part definition
of buildings shall relate
directly to organizing
w
principles such as existing
datums, architectural
V ` - elements such as storefront
colonnades and awnings
(where applicable), and
massing strategies such as
building setbacks and
maximum heights. This
strategy can relate to form
hg n -16. Clear dteJi, mon of hase. auddle. top- and massing principles
through the development of
street -level setbacks defining the bases of buildings where appropriate, and
minor setbacks relating to the middles and tops of buildings.
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8 -21
The bases of buildings should be visually
dynamic to heighten the pedestrian
experience. In addition, their interface
with the topography of the site is crucial, as
they act as the transition zones between
man -made structures and natural grade.
Visual dynamics at street level are most
effectively accomplished through the
introduction of secondary forms, materials,
colors and detailing.
However, the use of indigenous materials at
the primary elements (see following sections
for definitions) is critical in tying buildings to
their sites. Rhythm and order should be
introduced to guide the traveler through the
streetscape, and offer an enhanced sense of
movement through Lionshead. To reinforce
this intent, street -level walls shall not span
more than 30 feet horizontally without
significantly varying at least 2 of the
following 5 characteristics:
E rt; N - IS lhIso)in ,n !(It,' cc * +r he tr r.'rl
to 'ronnc rr' hrrrldings to their' saes. • Massing or Height
• Material, Fenestration, or Color
When massing or height are varied, buildings with street -level walls may
vary material, fenestration, or color to meet the 30 -foot span requirement;
however, if massing or height are not varied within 30 feet, material,
fenestration, and color must be varied.
nel� hci�ht 30' max at heieht "A" ncm hem-ht.
t
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nc%� color next color
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.I G
E clear
Existing buildings may disregard the 30'- maximum horizontal wall guideline
if their structural bays or other organizing elements exceed 30', provided that
the distance over 30' falls within reasonable limits. An existing building
with 36' structural bays, for instance, is not required to further divide those
bays; however, an existing building with 48' structural bays may be required
to divide those bays into 24' sections, depending upon the nature of the
pedestrian street frontage.
The middles of buildings within Lionshead shall read as "quiet" masses
when compared to building bases and roofs, and should act as a unifying
:1.90
background throughout the community. This should be done through the use
of simple materials, such as stucco, and more consistent, repetitive
fenestration and detailing (see Sections 8.4.2.5 and 8.4.2.9). Building
middles should not be designed as less important, banal elements, but rather
as elements which present interest and articulation through subtle detailing
through fenestration, shutters, trim, and the like— instead of massing. The
tops of walls shall be designed to comfortably engage their pitched roofs,
without the abrupt changes in form and massing so commonly found in
structures with primarily flat roofs. Walls should also be used to visually
reduce roof heights, through the careful design of lowered plate heights and
integrated dormers, which help to merge wall planes with roof forms and
interlock building masses with roof masses.
The tops of buildings shall be capped with well - proportioned, pitched roofs,
acting as the uppermost unifying image within the architectural fabric of
Lionshead. Roofs viewed from pedestrian streets should nearly disappear
from view as travelers approach, due to their pitches relative to ground -level
sightlines. However, viewed from a distance, roof forms within Lionshead
should offer a consistent roofscape to the observer within the community or
on the mountain adjacent to it. Guidelines which direct the design of the
roofscape are described in Section 8.4.2.7.
Materials (General)
As mentioned earlier, building materials should be carefully selected to
recall the heritage of our alpine antecedents, yet look forward to the vision of
Lionshead as a modern resort community. The specific requirements and
limited palette of major building materials described herein are intended to
reinforce the visual harmony envisioned for the community and act as
additional unifying thread for the resort.
Materials used at primary building elements— defined as those which exceed
500 square feet (SF) in wall surface area —shall recall and relate to the
indigenous materials of the area and enhance the sense of our Colorado
mountain resort heritage. They are described below according to their most
appropriate locations within the tripartite order of individual structures.
Secondary building elements, or those which cover an area of 500 SF or less,
may be comprised of varying materials to add design flexibility, encourage
individual expression, and enhance visual interest. They are not specifically
listed within these Guidelines, but may include materials such as painted
steel, canvas and similar textiles, colored unit masonry, and the like. Within
this framework, creative use of materials is encouraged, but "patchwork"
designs of inconsistent material locations or patterns should be avoided. All
secondary building elements will be approved at the discretion of the
reviewing body.
8 -23
Base Materials
Materials selected for the bases of buildings must balance the transparency
required at retail shopfronts with the strong, anchoring elements needed to
tie buildings to their sites. That is, they must successfully integrate the
notions of mass wall and frame wall. In addition, they should offer both
large- and small -scale texture at the ground plane, to add varying levels of
interest and heighten the pedestrian experience. With this in mind, building
bases shall be primarily constructed of individual pieces or unit materials
such as stone veneer. When using stone, veneers should be selected which
lend authenticity to mass walls —thin veneers or those which appear as mere
surface applique should be avoided. Battering may be used as an
additional —but optional—design tool to visually strengthen the bases of
structures. As mentioned earlier, secondary elements within building bases
may incorporate accent materials, but these materials should be carefully
selected to act in concert with the rest of the architecture. Shopfronts and
other special street -level amenities have the most latitude with respect to
material selection, but can be very successful if constructed of hand - crafted,
durable materials. These types of materials can hold up to the careful
scrutiny of the street -level observer, along with the physical abuse common
to public ways. Acceptable accent materials include —but are not limited
to —wood, wrought iron, forged or formed metals, and etched glass.
Middle Wall Materials
The middles of buildings shall be constructed of neutral field materials such
as true stucco, EIFS, or wood. These types of materials help to establish the
"quiet" or "background" vertical surfaces necessary at the major wall planes
which typically make up the bulk of structures. In addition, they offer an
interesting difference between the dynamic nature of building bases and the
more repetitive, subtle patterns of building walls above street level.
Materials such as stucco should be designed as an expression of mass, rather
than infill between structural members. Where building walls meet roofs,
materials which successfully integrate the tops of buildings to their middles,
such as wood in the form of brackets, rafter tails, and the like, are most
effective.
Approved materials for use on building roofs are described in Section 8.4.2.7
of these Guidelines.
Colors
Building colors for structures within Lionshead should be chosen to blend
structures with the mountain environment, while offering visual and
psychological warmth to observers. To this end, earth tones and other low -
intensity colors derived directly from the surrounding mountains should be
used on primary building elements, defined as those which cover more than
500 SF. Earth tones include hues such as off - whites, beiges, tans, and light
grays, introduced in shades slightly darker than their natural counterparts.
8 -24
Colors inherent to the materials used, such as natural stones and naturally -
weathering woods, generally offer the hues and textures most desirable
within Lionshead, and such materials should not be painted. However,
integrally - colored concrete, stucco, and semi - transparent wood stains are
acceptable as well. In an effort to limit the palette of colors used on
buildings and avoid the "patchwork" effect, no more than three colors should
be used on primary building elements.
Secondary building elements (500 SF or less in area) may be clad in accent
colors to add visual interest to the overall streetscape. They should act as
highlighting elements at storefronts, primary entries, and signage, and are
most appropriate at lower levels to engage pedestrian interest. Upper levels,
in an effort to act as the more "quiet" fabric of Lionshead, should avoid
brighter colors and remain true to the earth tones listed above. When used,
accent colors should reflect the natural mountain environment of Lionshead,
with golds, oranges, reds, and shades of green, blue, and purple used most
often. Colors foreign to the mountain setting should be avoided.
Trim
Trim colors, generally used on elements to express structure, door and
window openings, significant floor lines, fascias, and the like, shall act in
concert with field and accent colors. This is most effectively accomplished
through the selection of deep or vibrant colors having the same or similar
hues, but using different shades or tints. At street level, accent colors may be
used on trim to express storefronts and reinforce the rhythm of the
streetscape.
8.4.2.5 Exterior Doors and Windows
Viy, 8 -20 1:1111-r door's car relad
Shops should express Mai and
cra/tsmal2ship .
General
In the tradition of mountain antecedents, openings for exterior doors and
windows in buildings within the Lionshead community shall be treated as
recessed elements in mass walls of stone, concrete, or stucco, rather than
flush surfaces on them. Within frame walls, they shall be expressed as infill
material between structural members, and
recessed from those members. This treatment
lends itself to the image of structures comprised
of significant mass or structure, instead of curtain
walls clad over lightweight frames. Given this
general approach, however, door and window
sizes, shapes, types, materials, and colors should
relate to the tripartite order established through
development of base, middle, and top.
:.041
Exterior Door Sizes, Shapes, and Types
Door sizes should be appropriate to their
materials, with rustic, "heavy" doors generally
used in stone or concrete to accentuate mass, and glazed, "light" doors used
in field materials such as stucco and wood siding, or at window wall
assemblies (see commercial front exceptions to follow in this Section).
Entry doors located along retail streets and other public ways offer the first
true glimpse of buildings when approached from those spaces, and should
therefore be designed with hand- crafted quality and attention to detail.
These doors should be oversized when possible, but in proportion to the
frontage of which they are a part. Entry doors for large retail centers or
hotels should be significantly larger than those found in smaller, more
intimate shops. Other doors for structures, regardless of location, should be
designed as part of an obvious hierarchy, with primary entry doors the
largest, secondary entry doors somewhat smaller, and private or egress -only
doors smaller yet.
Shapes of doors should relate directly to their locations on the building, with
rectangular shapes being the most prevalent. Specially- shaped doors and
double doors are encouraged at primary entries along retail frontages, or as
custom portals for private residences, while the middles of buildings should
be characterized by more standard shapes. Special shapes should not be
overused or used in a random, ad -hoc fashion; shapes such as arched heads
or square, overhead doors should relate to the overall building architecture.
i
l.W
0 i.; 8 -'l h:./,; ro crr:c++, +< ih, str rs 'ca��c'
and as as untying porials for pedesin ons.
Exterior Door Materials and Colors
All exterior doors within Lionshead shall be constructed of high - quality,
durable materials such as wood, metal -clad wood, or metal; doors at primary
hotel, condominium, or retail entries may also include large areas of glass to
attract pedestrians. Glass doors should relate to building orientation, views,
P.910:�
F . r7
Fig N- '2 Clear ii mdow hicrarc'hi-
hr hose. middle. and Iap.
or functions, with large areas of glass generally avoided in locations other
than those noted. Maintenance -free materials such as copper, baked
aluminum, and naturally- weathering woods are encouraged—painted metals
and woods should be avoided whenever possible. Copper cladding and
wrought iron doors may be left to patina naturally, while industrial metals
such as steel and aluminum should be baked or anodized with finish colors
to match building trim.
Commercial fronts and private entries offer the unique ability to introduce
hand - crafted, custom -built portals for businesses and private residences, and
must also have the ability to display shop wares. They are therefore
permitted more latitude with respect to materials, colors and amounts of
glazing. Aluminum storefronts may be used on commercial structures,
provided they are finished in factory finish. All -glass doors are permitted as
well, with no limits set on the amount of glass permitted at retail level.
Etched glass is encouraged to bring a level of detail to special storefronts.
Doors which are part of window wall assemblies may also have large glass
areas, to take full advantage of mountain views. All exterior door glazing
shall be non - reflective, to minimize off -site glare, particularly from the ski
mountain.
Exterior Door Hardware
Variations in designs and materials for exterior door hardware at primary
entries are encouraged to bring a level of fine detail and creative expression
to buildings within the community. Approved materials include brass,
copper, wrought iron, wood, and industrial metals such as aluminum or steel.
Industrial metals should be prefinished in colored or clear factory finish
systems to reduce maintenance problems. Door hardware in areas other than
primary entries should complement the
surrounding materials and details.
Window Sizes, Shapes and Types
As with exterior doors, window sizes should be
appropriate to their surrounding wall materials,
with narrow, relatively tall windows used in stone
or concrete, and larger, more expansive windows
used in field materials such as stucco and wood
siding, or in window wall assemblies.
Fenestration within field materials should be
designed with decorative trim and sills, or heavy
structural frames, so they do not appear as "punch -
outs" within those materials. Windows located
along retail streets and other public ways offer
locations in which to display goods to pedestrians,
and should therefore be designed with particular
care. Window walls should be designed in
proportion to their associated frontages, with
;:�Gyl
windows at large retail centers or hotels significantly larger than those found
in smaller, more intimate shops. Other fenestration, regardless of location,
should be designed as part of an obvious hierarchy, with lower - level, retail
street openings the largest, and windows above somewhat smaller.
Shapes of windows should also relate directly to their locations on the
building, with rectangular shapes being the most prevalent.
Fenestration located within the middles of buildings should be shaped and
organized into fairly regular patterns, to establish rhythm and continuity.
Specially- shaped windows are encouraged at walls along retail frontages, or
as custom openings in distinct areas of private residences. They are also
appropriate at dormers and other special roof elements. As with doors,
specially- shaped windows should relate to the overall building architecture.
And as a general rule, the variety of geometric shapes used should be limited
to 3 on any given building.
Acceptable window types include high - quality fixed, double -hung, awning,
and casement units. Sliding windows and multiple- opening units such as
jalousie are generally lesser - quality units not conducive to the mountain
environment and should be avoided. At retail levels, bay, box and bow
windows are encouraged to animate the pedestrian street and integrate public
and semi - public domains. All windows should strive to add visual interest
through careful design of mullions, muntins, and divided lites. The intent of
the Guidelines is to recall the regional heritage through the thoughtful design
of fenestration and how it relates in scale, proportion, and materials, to the
tripartite order of structures within the community.
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8 -28
Window Materials and Colors
Windows within Lionshead shall be
painted or stained wood, or clad in
maintenance -free metals such as
copper, or aluminum and steel with
baked finishes. Copper cladding may
be left to patina naturally, while baked
enamel colors for aluminum and steel
cladding should be similar to trim
colors, and in similar complementary
hues to wall colors or stained wood
colors. Factory finishes should be
selected to withstand the intense
ultraviolet radiation found at higher
elevations, and prolonged fade - resistant
warranties should be considered. In
addition, glazing shall be non -
reflective, to minimize off -site glare,
particularly from the ski mountain.
Decorative shutters are permitted within Lionshead only if they are designed
to operate or appear to operate. When used, they should be constructed of
wood and finished with durable stains or paints. Their design and placement
should be consistent and should not take on a random or haphazard
appearance. Design freedom is encouraged within these parameters, and
within the context of the other architectural elements found on the building,
including handrail designs, ornamental iron, and similar detailing.
8.4.2.6 Balconies, Guardrails, and Handrails
Location and Size
Balconies should be carefully located with respect to their orientation to the
sun, involvement with public spaces, and snow and watershed from
structures above and onto structures or passers -by below. They should be
sized as outdoor rooms, with ample space for outdoor furniture and other
amenities, or merely as small, private parapets used as "step- outs" to allow
fresh air into the adjacent room. False balconies and balconies which
straddle these two roles should be avoided, as they tend to lack the benefits
of either and are often left unused. Proper location and size will ensure that
balconies become animated spaces, rather than outdoor storage areas. As
animated spaces, their placement in public plazas and pedestrian streets
straddling the semi - private and public domains —will infuse those spaces
with the vitality needed to draw visitors to Lionshead. Balconies which face
service alleys or are located within other socially "dead" spaces, or are
susceptible to water or snowshed are generally unsuccessful spaces and
should be avoided in Lionshead. The intent of this Section is to infuse
public spaces with the energy of occupied balconies, and encourage
designers to avoid the design of lifeless balconies which remain unoccupied
and therefore detract from public spaces.
RIM
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Materials and Designs
Custom designs for balconies, guardrails, and handrails offer the opportunity
for truly creative expression within these Guidelines, and unique design
solutions are encouraged. Approved materials for primary elements such as
guardrails, handrails, posts, and support brackets include stucco- covered
walls (for guardrails only), naturally weather - resistant woods, wrought iron
and other decorative metals, and steel. Materials such as glass, plastic, pipe
rails, and metal panels are strongly discouraged. Secondary elements such as
pickets and ornamental detailing may use other materials not listed above but
will be reviewed on a case -by -case basis. Materials which meet the intent of
the Guidelines and work in harmony with the architectural language of the
building can lead to positive solutions, but all secondary building materials
will be approved at the discretion of the reviewing body.
Drainable balconies—or those which shed water off them via waterproof
membranes as opposed to letting water trickle through them —shall be
designed whenever other balconies, pedestrian streets, or other public ways
are exposed to water or snowshed from those balconies. Placement of the
drain systems should be carefully considered to avoid passers -by below.
Non - drainable balconies may be used in all other locations and should be
constructed of weather - resistant woods or ornamental metals.
Within these general parameters, balcony, guardrail, and handrail designs
should be patterned after a rational order of structure and detail. Primary
structural or decorative members should be in proportion to the balconies
they are supporting, which in turn should relate to the overall building scale.
An honest, straight - forward expression of structure should be sought
whenever possible, avoiding design faux pas such as stucco- covered beams
or grossly undersized brackets.
8.4.2.7 Roofs
General
In keeping with the spirit of the area's mountain architecture, primary roofs
within Lionshead are to be predominantly gables and hips, with sheds or flat
roofs permitted at smaller, secondary roofs. Primary roofs are defined as
roofs which cover more than 500 SF of roof area, while secondary roofs are
those which cover 500 SF of roof area or less. Secondary roofs which occur
at logical breaks in building massing may exceed 500 SF if the general intent
of fragmented forms and visual harmony is met. Free - standing sheds and
butterfly roofs are not permitted. Mansard roofs are permitted on buildings
where pitched roofs would be impractical, if the mansards are of similar
form, pitch, material, color, and detail to other roofs within the community
(and identified within these Guidelines). If used, these types of roofs should
be considerate not only of views from the pedestrian street, but also those
from the ski mountain. To this end, areas of flat roof within the slopes of the
mansard shall be limited to the practical minimum, and the materials for the
8 -30
flat roof shall be black or in a
color to blend with the sloped
1�� :4 roof. In addition, rooftop
.. r equipment within the flat areas
�y 1 shall be painted to blend with the
�i
roof material (see "Miscellaneous
Equipment" Section to follow).
Fi,s,T b' -'b: L•ut•e npetnhers slrould �•r.sirall�
The overall image for Lionshead
strrrrh', cmd detailed to relate to Me rest gal. takes its cue from the simple,
the hmlduw's w•chaec•tio -al lang:rerge, fragmented, gabled roof forms of
European alpine villages, where
views of the roofscapes from the mountains are paramount.
All new construction shall comply with the following roof criteria.
Substantial expansions and renovations shall also adhere to these Guidelines,
along with the remaining portions of the building which are not being
expanded or renovated (see exceptions above, in Sections 8.3.1, 8.3.4.2, and
later in this Section). Roof framing shall be expressed wherever possible,
particularly through exposed ridge beams, outriggers, rafter tails, and fascia
boards.
Dimensional Guidelines
Roofs should be constructed with 30" minimum eave and rake overhangs,
with dimensions dependent upon overall building size. Secondary roofs may
have overhangs as small as 18 ", but should work with the overall scale of the
roofscape. Ridge beams and outriggers should be of visually sturdy
members (6x or 8x material for wood, and equivalent sizes for other
materials), sized to support rafters and overhangs; decorative end cuts or
patterns are encouraged. Rafter tails shall also appear sturdy (2x or 3x
material for wood) and be exposed to express structure. Eave and rake
fascias shall be wide enough to screen end profiles at metal roofs, and to
offer a consistent image with respect to structural roof members.
lot f :
i
Pitch
Roof pitches for primary roofs
i- shall be from 6:12 to 12:12,
overall roo /scope of Lionshead.
limited use as secondary forms
8 -31
j. ►'
inclusive. Pitch breaks are
'
permitted when they occur at
architecturally appropriate
I `
locations such as plate lines,
changes in plane, etc. To add
variety to the Lionshead
roofscape, secondary sloped
to the
roofs may have pitches
ranging from 4:12 to 12:12,
and flat roofs may have
Existing
structures with especially large
footprints may deviate from the pitch requirements if they meet the overall
intent of the roof guidelines and are responsive to views from both the
pedestrian street and the ski mountain. Steep mansard roofs which exceed
the 12:12 maximum pitch criteria are not encouraged, but may be necessary
in certain instances when excessive building dimensions make the 12:12
pitch requirement impractical. These buildings will be handled on a case -
by -case basis, and evaluated on intent rather than quantitative criteria.
Materials and Colors
Primary roofs shall be covered with a limited palette of unit materials to
present a coherent image for Lionshead. Approved materials for primary
roofs include —but are not limited to —metal shingles, cementitious shingles,
concrete tiles, wood shakes or shingles, and high-quality asphalt shingles
which offer acceptable colors and depth. Metal shingles may be of copper
(16 oz /SF minimum weight), terne metal, or other materials with natural
patina. Secondary roofs may be covered with metal panels, in corrugated,
rolled, or standing seam profiles. Primary roofs shall be in neutral, earth -
tone colors, with brown or gray tones —bright colors or reflective materials
are not permitted. Roofs may incorporate blends to achieve desired colors-
on-site mock -ups are required when blends are proposed. At retail levels,
accent colors are permitted for secondary roofs to add vitality to the
streetscape. Changes in roof materials or colors shall take place in logical
locations, such as changes in pitch or changes in plane.
Dormers
Dormers are considered secondary roof elements, and as such are permitted
some latitude in terms of form, pitch and material. Dormers may be gables,
hips, or sheds, with pitch as identified previously for secondary roofs. When
designed as an extension of upper -level walls, they should be constructed in
the more traditional manner, above broken eaves on both sides of the
dormers, as opposed to continuous eaves up and over the dormers. Design
freedom is encouraged, and dormers with non - compliant forms or pitches
will be considered if the overall roofscape provides the image intended.
!•i,z 8 -2N, 5rrrrn "u art I fit, I(Ids slrrrarlcl r•elaIV in
other flrchlwcnin l eic inems o)r rlre budding.
25 -3 L
Snowguards, Gutters and
Downspouts
Snowguards or snowclips
shall be used wherever
significant amounts of snow
may accumulate over
occupied areas, such as
pedestrian streets, entries,
patios, decks, balconies, or
uncovered parking areas.
Pitched roofs which face north
are particularly susceptible to
snow and ice accumulation, as
are lower roofs to the north of —and therefore in the shadow of —their higher
neighbors. In these cases several rows of snowguards or many snowclips
may be necessary. Snow and ice accumulation on metal roofs —which heat
quickly during sunny winter days—is especially dangerous to unsuspecting
persons or equipment. Metal roofs which face south or are located
significantly higher than adjacent, lower roofs shall be equipped with
snowguards or snowclips to prevent injury to people or damage to lower
roofs.
Outdoor gathering areas which face south and are not completely covered
may be exposed to water drip from the roofs above them. These locations
which may include heavily -used public spaces such as sun pockets or pocket
plazas —are ideal candidates for gutters and downspouts. Where roofs are in
constant shadow or have northern exposures, gutters and downspouts used in
conjunction with heat tape may work well. Gutters used below snowguards
should be designed to take the load of the accumulated snow and ice which
snowguards frequently release.
Approved materials for gutters and downspouts within Lionshead include
aluminum or steel with baked finish, and copper or lead- coated copper.
Gutter sections may be traditional or half - round. Snowguards shall be
constructed of painted plate steel vertical supports (painted black, or to
match roof or building trim color) with horizontal members made of
materials which recall the structure of the building, such as timbers, logs, or
tube steel . Large structures, where snowguards are not readily visible from
street level, may use the more utilitarian expanded metal or mesh dams,
welded to steel horizontal sections and vertical supports. All exposed steel
shall be painted.
Miscellaneous Equipment
All miscellaneous rooftop equipment, including roof vents, antennas and
satellite dishes, shall be painted to blend with the roofs to which they relate.
Major pieces of equipment on commercial buildings shall be strategically
located to conceal them from view, or hidden in cupolas or other
structures— exposed equipment is not permitted. All flashings shall be
copper or painted metal to match those found on exterior walls. The intent
of these provisions is to present a well - blended roofscape throughout the
community, as seen from the public spaces as well as from the mountain.
Skylights
Skylights are permitted within Lionshead if they are less than 3 feet higher
than the surrounding roof. Skylights must be included in maximum roof
height calculations, and shall be well- hidden from street level and the
mountain.
Solar energy devices
8 -33
Solar energy device: A solar collector or similar device or a structural
design feature of a structure, such as a roof shingle with integrated
photovoltaic cells, which collects sunlight and converts the sun's radiant
energy into thermal, chemical, mechanical, or electrical energy
Solar energy devices should be installed on building roofs and facades and
oriented for energy production. Solar energy devices shall be designed and
placed in a manner compatible and architecturally integrated into the overall
design of the building. Solar energy devices should be installed to minimize
visual impact from street level.
Solar energy devices may be installed within the required setbacks on
existing structures if the structure is legally nonconforming or permitted to
encroach into the setback. Solar energy devices shall not be included in
calculation of building height. No portion of any solar energy device shall
project more than eight (8) feet from the roof plane or fagade to which the
panel is attached. Solar energy devices shall not extend higher than the
existing adjacent ridgeline on roofs with pitches of 3:12 or greater. On roofs
with pitches less than 3:12, the Design Review Board shall make a
determination that the solar panels are installed to minimize excessive visual
impact. Solar energy devices shall not be installed within two (2) feet of a
roof ridge or roof eave. Solar energy device framing, brackets and associated
equipment shall be painted black or a color that matches adjacent building
surfaces at the discretion of the Design Review Board.
Figure 8 -28a: Required Distances of Solar Energy Devices from Roof Edge
8 -34
Panels shall pmt exceed idgeh- b.
___—_ ______ ------- ---- - ----- ----- -------------- -------------- -------------- -------------- --------------
e� �B
Figure 8 -28b: Regulations Applied to a 8:12 Roof
Panels shall not exceed ridgeline
---------------------- --------#- --------------------- ----------
I I
Figure 8 -28c: Regulations Applied to a 3:12 Roof
Figure 8 -28d: Regulations applied to a Flat Roof
8.4.2.8 Fireplaces and Chimneys
Fireplace Requirements
Fireplaces shall be designed to meet all applicable Codes, including the
restriction on wood - burning units within Lionshead. Exposed flues and
vents for gas- operated fireplaces or other equipment such as furnaces should
8 -35
be hidden from primary views, and painted to blend with the nearest building
materials.
Chimney Sizes and Shapes
All flues 6" diameter or greater which penetrate roofs shall be designed with
chimneys. The sizes of chimneys should be in scale with the architecture of
the building —not small enough to be lost
in the massiveness of the structure, but not
large enough to overwhelm the structure.
Chimneys should be designed with
�+ relatively slender proportions when viewed
from at least one profile, with height
greater than width, and in rectangular
shapes. Heights of gas- burning chimneys
or boiler flues shall be designed to
proportionally match their wood - burning
counterparts, to lend authenticity and
lk�ccu'u1r�'e c'iai�r�rte�` c[rlas
c•ntr acic1 iurei-c °s•r rU FOrn r•arfscupe.
consistency to the overall roofscape.
Chimney Materials
Chimneys within Lionshead shall be covered in stone veneer (to match
building veneer) or stucco, to express the alpine heritage of the area. Wood
or metal -clad chimneys are permitted at small, residentially - scaled buildings
only.
Chimney Caps
Chimneys may terminate in decorative caps of stone, stucco, or metal.
Creative designs, such as arched openings within caps, barrel or pitched
metal roofs, and the like are encouraged to lend interest to the building
roofscape. Chimney caps should act as elegant crowns to nicely -
proportioned chimneys, and should not seem bulky or top- heavy. When flat
or pitched stone caps are used, they shall have a minimum thickness of 4 ".
All chimney caps shall be designed to screen spark arrestors and other
utilitarian equipment as much as possible.
8.4.2.9 Detail
Detail should be introduced to the architecture of Lionshead to infuse
heritage, culture, and artistry to the Lionshead environment. Well- designed
ornamentation can serve to complement and perhaps intensify the other
architectural principles discussed in these Guidelines, but should be designed
to work in harmony with —and not against —the basic architecture. The
design of signage, brackets, lightposts, and the like should present a hand-
crafted quality, particularly at street level. Detail at the middles of buildings
should rely more upon pattern or carefully- designed repetition to visually
connect parts of a building together or separate buildings to one another.
E:arol
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S-30 rhrar 5' -32: 1)eiml alrovid re lecl heritnsxe and regyionol c nmext,
8.5 Summary Table of Quantitative Criteria
The following table offers a "quick glimpse" of the quantitative criteria established within these
Guidelines, by Section number. However, it is not designed to act in lieu of a thorough review
of this document. The values listed in the table should be evaluated in conjunction with the
actual Sections which they pertain to, particularly in light of the explanations of design intent,
clarifications, possible exceptions, and other notes not identified within.
Sect Description
Criteria
8.4.1.3 Pedestrian Street Width -to- Height Relationships 1:1/2 to 1:1 1/2
8.4.2.3 Bldg Eave Height at Retail /Pedestrian Streets 50% wall face @ 16' max height
50% wall face @ 36' maximum height
12' minimum step back
8.4.2.3 Bldg Eave Height at Ski Yard /Gore Cr Corridor 48' maximum eave height
12' minimum step back
8.4.2.3 Bldg Eave Height at Remaining Areas
60' maximum eave height
12' minimum step back
8.4.2.3 Wall Surface Criteria
35' maximum vertical face
Horizontal step required
8.4.2.3 Maximum Ridge Heights
71' average maximum height
82.5' absolute maximum height
8.4.2.4 Exterior Horizontal Wall Spans
30' maximum span at street level
8.4.2.4 Primary /Secondary Bldg Material Definitions
Primary: exceed 500 SF area
Secondary: 500 SF area or less
8.4.2.4 Primary /Secondary Bldg Colors
Primary: exceed 500 SF area
Secondary: 500 SF area or less
8.4.2.7 Primary /Secondary Roof Definitions
Primary: exceed 500 SF roof area
Secondary: 500 SF roof area or less
Compliance Criteria for Existing Roofs
Substantial expansion /renovation
8.4.2.7 Roof Dimensional Guidelines
30" min eave and rake overhangs
18" overhangs at secondary roofs
8.4.2.7 Roof Pitch
Primary: 6:12 to 12:12
Secondary: 4:12 to 12:12 (or flat)
8 -37
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TOWN OF VAIL �
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: November 25, 2013
Subject: A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to amend Section 12 -6D -8, Density Control, Vail Town Code, of the Two -
family Primary/Secondary district to strike the requirement that existing properties
under 14,000 square feet in area are permitted only a single dwelling unit, and
setting forth details in regard thereto. (PEC130027)
Applicant: Williams Family Trust, represented by the Devlin Law Group, LLC
Planner: Warren Campbell
I. SUMMARY
The applicant, Williams Family Trust, represented by the Devlin Law Group, LLC, is
requesting a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for prescribed regulations amendments to amend Section
12 -6D -8, Density Control, Vail Town Code, of the Two - Family Primary/Secondary (PS)
district. The proposal is to strike the requirement that existing properties under 14,000
square feet in area are permitted only a single dwelling unit.
Based upon Staff's review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of denial, of the prescribed regulations amendments, subject to the
findings noted in Section VII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to amend the Density Control provisions of the PS district to
strike the requirement limiting existing properties measuring less than 14,000 square
feet in area to one dwelling unit. Within the PS district properties 14,000 square feet
and larger are permitted two dwelling units.
The applicant's written request highlights the history of the PS district through the
implementation of zoning and subsequent amendments in the Town of Vail and their
effects on properties zoned PS district. The application identifies that the property at
302 Mill Creek Circle was initially platted at 12,763 square feet and when constructed in
1963 was permitted two dwelling units pursuant to the covenants in place (there was no
zoning at this time). Through the adoption of zoning in the Town of Vail and subsequent
amendments the property was restricted to a single dwelling and employee housing unit
(EHU) on the property and rendered non - conforming. The application argues that the
establishment and amendments to the zoning affecting properties in the PS district have
been "severe ", "considerable ", and "unfair ".
The crux of this argument is the application's assertion that the allowance of a Type I
employee housing unit, with an allowance for additional GRFA and site coverage, as a
second unit on properties measuring less than 14,000 square feet contradicts the town's
policy that properties in this zone district are not capable of containing two units due to
"overcrowding" of the site. The applicant's request is attached for review (Attachment
A).
The application proposes to strike that portion of Section 12 -6D -8, Density Control, Vail
Town Code, which restricts properties with less than 14,000 square feet to one dwelling
unit. This change would permit two dwelling units on a property measuring any size in
the PS district. The proposed text to be deleted is shown in tFikethF9 iirh and is as
follows.
12 -6D -8: Density Control:
A. Dwelling Units. Not more than a total of two (2) dwelling units shall be
permitted on each site. with ephy one rwe#ing unit permitted on existing lots
loss than feu eep t4eusand (4 4v QQQ) square foot
III. DISCUSSION QUESTIONS
The following questions and subsequent responses are included to address common
questions received from the public notified of this application. They are intended to
provide a clear response to avoid confusion around this complex application.
What is this application proposing to amend?
The application is proposing to amend the density control provisions for the Two - Family
Primary/Secondary district (PS). The density control provisions establish the allowable
number of dwelling units on a site. Within the density control provisions of the PS
district, it is established that two dwelling units are permitted on properties greater than
14,000 square feet and one dwelling unit is permitted on lots less than 14,000 square
feet. On properties less than 14,000 square feet a Type I Employee Housing Unit
(EHU) is permitted as a second unit on the property.
Town of Vail Page 2
Why did I receive notice of this application if the applicant's property is located
on Mill Creek Circle?
As the application proposes to amend the density control section of the PS district,
which would impact all properties within the PS district and adjacent properties, Section
12 -3 -6C, Notice, Vail Town Code, requires notification of the proposed change.
Approximately 1,200 property owners were sent the public notice regarding this
application. There are 716 properties in the Town of Vail zoned PS district, which
comprises approximately 11.5% of Vail's total land area.
Why does the PS district restrict properties of less than 14,000 square feet to one
dwelling unit and one employee housing unit?
Until 1979 two dwelling units were permitted on any sized property within the PS district.
Ordinance No. 22, Series of 1979, adopted regulations restricting a PS district property
to one dwelling unit on lots less than 15,000 square feet. The staff memorandum dated
May 17, 1979 identified an inconstancy with Eagle County zoning, which was more
restrictive (required 8,000 square feet of site area per constructed unit), and a situation
where property owners were "trying to squeeze" two dwelling units on smaller lots.
Ordinance No. 22, Series of 1979 contained a whereas statement that identified "lots of
less than 15,000 square feet would be over - crowded with two units." This ordinance did
provide for a Planning and Environmental Commission process to grant exceptions and
allow for a second unit on a lot less than 15,000 square feet with the primary criteria
being that it would be occupied by an employee in the Upper Eagle Valley. Ordinance
No.22, Series of 1979, is attached for review (Attachment B)
Why is this amendment being proposed?
The applicant is proposing the amendment to address a desire to make additions on an
existing two dwelling unit structure on a lot less than 14,000 square feet. As there are
two dwelling units on a property which is limited to one dwelling unit, the property is
considered nonconforming with regard to the structure and site improvements. As the
property is considered nonconforming pursuant to Chapter 12 -18, Nonconforming Sites,
Uses, Structures and Site Improvements, Vail Town Code, the dwelling units can be
modified only if the total gross residential floor area of the modified structure does not
exceed the pre- existing structure.
What is a Type I employee housing unit (EHU)?
An EHU is a deed restricted dwelling unit within the Town of Vail which restricts
occupancy of the unit to an individual that works a minimum of 30 hours per week in
Eagle County. There are multiple types of EHUs adopted in Chapter 12 -13, Employee
Housing, Vail Town Code, to address varying zone districts and situations. A Type I
EHU is the type specifically identified for lots less than 14,000 square feet and can be
transferred as a separate unit. A Type I EHU provides the ability for a property
measuring less than 14,000 square feet to construct a second unit on the property.
Town of Vail Page 3
If the amendment being proposed is adopted what is the result?
The amendment as proposed, if adopted, would result in an existing property being able
to construct two dwelling units on properties less than 14,000 square feet, without one
of the units being a Type I EHU.
Why does the PS district restrict lots of less than 14,000 square feet to one
dwelling unit, but then allow for a Type I EHU on the lot?
Through the adoption of Ordinance No. 6, Series of 2000, the allowable dwelling unit
restriction on properties with less than 15,000 square feet of area was reduced to
14,000 square feet. Additionally, this ordinance amended regulations for several types
of EHUs to provide increased incentives to promote their construction. As a part of the
Vail Tomorrow and Common Ground processes occurring at the time, the community
identified a need to promote and incentivize EHUs. There staff memorandums state
that the Vail Tomorrow and Common Ground processes established a public need to
address the provision of affordable and available housing to the work force. Therefore,
in this ordinance Type I EHUs requirements were changed to allow for sale and transfer
as a separate unit, additional GRFA, and increased site coverage. Ordinance No.6,
Series of 2000, is attached for review (Attachment C)
IV. APPLICABLE PLANNING DOCUMENTS
Chapter 12 -6D: Two - Family Primary /Secondary District (in part)
12 -6D -1: Purpose:
The two - family primary /secondary residential district is intended to provide sites
for single- family residential uses or two - family residential uses in which one unit
is a larger primary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be located in
the same zone district. The two - family primary /secondary residential district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single- family and two - family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site
development standards.
12 -6D -2: Permitted Uses:
The following uses shall be permitted.
Employee housing units, as further regulated by chapter 13 of this title.
Single- family residential dwellings.
Two - family residential dwellings.
Town of Vail Page 4
12 -6D -8: Density Control:
A. Dwelling Units. Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
Chapter 12 -18: Nonconforming Sites, Uses, Structures and Site Improvements (in
part)
12 -18 -1: Purpose:
This chapter is intended to limit the number and extent of nonconforming uses
and structures by prohibiting or limiting their enlargement, their reestablishment
after abandonment, and their restoration after substantial destruction. While
permitting nonconforming uses, structures, and improvements to continue, this
chapter is intended to limit enlargement, alteration, restoration, or replacement
which would increase the discrepancy between existing conditions and the
development standards prescribed by this title.
12 -18 -2: Continuance:
Nonconforming sites, uses, structures, and site improvements lawfully
established prior to the effective date hereof may continue, subject to the
limitations prescribed in this chapter. Sites, uses, structures, and site
improvements lawfully authorized by permits or regulations existing prior to the
effective date hereof may continue, subject to such limitations as prescribed by
such permits or regulations.
12 -18 -5: Structure and Site Improvement:
Structures and site improvements lawfully established prior to the effective date
hereof which do not conform to the development standards prescribed by this
title for the zone district in which they are situated may be continued. Such
structures or site improvements may be enlarged only in accordance with the
following limitations.
A. Lot And Structure Requirements. Structures or site improvements which do
not conform to requirements for setbacks, distances between buildings,
height, building bulk control, or site coverage, may be enlarged; provided,
that the enlargement does not further increase the discrepancy between
the total structure and applicable building bulk control or site coverage
standards, and provided that the addition fully conforms with setbacks,
distances between buildings, and height standards applicable to the
addition.
B. Density Control. Structures which do not conform to density controls
(includes GRFA and dwelling units /acre) may be modified, only if the total
Town of Vail Page 5
gross residential floor area of the enlarged structure does not exceed the
total gross residential floor area of the preexisting nonconforming
structure.
C. Open Space And Landscaping. Structures or site improvements which do
not conform to requirements for usable open space or landscaping and
site development may be enlarged; provided, that the usable open space
requirements applicable to such addition shall be fully satisfied, and
provided that the percentage of the total site which is landscaped shall not
be reduced below the minimum requirement.
D. Off Street Parking And Loading. Structures or site improvements which do
not conform to the off street parking and loading requirements of this title
may be enlarged; provided, that the parking and loading requirements for
such addition shall be fully satisfied and that the discrepancy between the
existing off street parking and loading facilities and the standards
prescribed by this title shall not be increased.
Chapter 12 -13: Employee Housing (in part)
12 -13 -1: Purpose:
The town's economy is largely tourist based and the health of this economy is
premised on exemplary service for Vail's guests. Vail's ability to provide such
service is dependent upon a strong, high quality and consistently available work
force. To achieve such a work force, the community must work to provide quality
living and working conditions. Availability and affordability of housing plays a
critical role in creating quality living and working conditions for the community's
work force. The town recognizes a permanent, year round population plays an
important role in sustaining a healthy, viable community. Further, the town
recognizes its role in conjunction with the private sector in ensuring housing is
available.
V. ZONING ANALYSIS
The following is an analysis of properties zoned Two - Family Primary /Secondary (PS) district.
Staff has attached a map depicting the location of all properties zoned PS district and those
properties measuring less than 14,000 square feet. (Attachment D)
• 716 properties are zoned PS district which comprises approximately 11.5% of Vail's land
area.
• 263 of the properties zoned PS district are less than 14,000 square feet comprising
37.1 % of the total number of lots zoned PS district.
• 28 of the 263 properties zoned PS district are located in the Original Town of Vail, Vail
Village Filing 8, and East Vail.
Town of Vail Page 6
235 of the 263 properties zoned PS district are located in the subdivisions (Matterhorn,
Mid Buffer Creek, Solar Crest, Das Schone, South Buffehr Creek, Vail Village West, and
Intermountain) annexed in West Vail
50 properties zoned PS district measuring less than 14,000 square feet have more than
one dwelling unit on the property making them nonconfoming.
17 properties zoned PS district measuring less than 14,000 square feet have a Type I
EHU as a second dwelling unit on the property making them compliant.
VI. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds that the proposed amendments do not further the general and specific
purposes of the zoning regulations. Section 12 -1 -2, Purpose, Vail Town Code,
identifies the general and specific purposes as follows:
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.
Town of Vail Page 7
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.
As identified in the applicant's written request (attachment A) there have been 15
ordinances impacting the applicant's site. As can be seen in a review of these
ordinances provided by the applicant, each amendment was addressing a public
concern or need. As Vail has matured from its founding, the community and its
leaders are consistently evaluating the adopted comprehensive plans and zoning
code to insure the outcomes are desirable based upon the general and specific
goals identified. Staff believes that this proposal to strike the restriction on lots of
less than 14,000 square feet to one dwelling unit is contrary to the general purpose
and specific purposes 1, 5, 6, 7, 8, an 11.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
Staff finds that the proposed prescribed regulations amendments will not better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail comprehensive plan. Specifically in the Vail Land Use
Plan adopted Goals and Policies staff found the following applicable statements:
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
Additionally, staff does not find the amendments are compatible with the
development objectives of the Town with regard to the adopted Employee Housing
Strategic Plan. The over all goal of the Town's adopted Employee Housing Strategic
Plan states the following:
Town of Vail Page 8
"To ensure there is deed restricted housing for at least 30% of Vail's workforce
within the Town of Vail."
This Plan identifies multiple methodologies for achieving this goal including both
private and public sector initiatives. The proposed prescribed regulations
amendment would be detrimental to the policy established in Ordinance No. 6,
Series of 2000 and the furthered in the Employee Housing Strategic Plan adopted in
2008.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how
the existing regulation is no longer appropriate or is inapplicable; and
The proposed prescribed regulations amendment would strike a policy most recently
reevaluated in 2000. Through Ordinance No. 6, Series of 2000 the town reevaluated
the existing polices and found it necessary to adopt amendments to incentivize Type
I EHUs and reduce the threshold of a property's size in permitting two dwelling units
from 15,000 to 14,000 square feet. The policies amended through Ordinance No. 6,
Series of 2000, were initially established through Ordinance No. 22, Series of 1979.
Staff finds that the proposed amendment does not demonstrate how conditions have
substantially changed and how the existing regulations are no longer applicable.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
As stated in the responses above, staff finds that the proposed prescribed
regulations amendment will not provide for a harmonious, convenient, workable
relationship among land uses consistent with municipal objects. The adopted
policies prohibiting more than one dwelling unit on a site less than 14,000 square
feet and allowing a Type I EHUs as a second dwelling unit on these properties are
still based in the accomplishment of document goals and objectives of the Vail Land
Use Plan and the Employee Housing Strategic Plan.
Staff believes that the application, as submitted, is not the appropriate process to
evaluate if the adopted policy is accomplishing the goals and objectives of the Town
of Vail. Staff believes that the appropriate process to address this question would be
through a review of the Vail Land Use Plan, which has not been reevaluated since
its adoption in November of 1985. This belief is furthered by the fact that the
elements of this application are applicable to the Two - Family Residential (R) district,
which would warrant review as well.
5. Such other factors and criteria the planning and environmental commission
and /or council deem applicable to the proposed text amendment.
Town of Vail Page 9
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of denial to the Vail
Town Council for the prescribed regulations amendments. This recommendation
is based upon the review of the criteria outlined in Section VI 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 Vail Town Council, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -6D -8, Density
Control, Vail Town Code, to strike the requirement that existing properties
under 14,000 square feet in area are permitted only a single dwelling unit,
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:
"Based upon a review of Section V of this memorandum, and the evidence and
testimony presented the Planning and Environmental Commission finds.
1) That the amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is not compatible with the development objectives of the town, and
2) That the amendment does not further the general and specific purposes
of the zoning regulations, and
3) That the 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. "
VIII. ATTACHMENTS
A. Applicant written request dated October 1, 2013
B. Ordinance No. 22, Series of 1979
C. Ordinance No. 6, Series of 2000
D. Maps depicting the location of PS district properties
E. Letters from citizens
Town of Vail Page 10
DEVLIN LAW GROUP, LLC
.,
%V
DENVER / VAIL
October 1, 2013
Town of Vail
Community Development Department
Planning & Environmental Commission
75 South Frontage Road West
Vail, Colorado 81657
Re: Request for Zoning Code Amendment to Section 12 -6D -8: Density Control
(Primary /Secondary P/S Zoning District)
Dear Planning & Environmental Commission:
This letter has been prepared to supplement the applicant's Request for an Amendment to
the Town of Vail Zoning Code, _§12 -6D -8: Density Control, in the Primary./Secondary (P %S)
Zonina District, to read as follows:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall
be permitted on each site. • ith only one dwelling unit t ^ ^muted on
;sting lots Ions than f ,,..too„ tl,.,,,san (14,000) square- feet.
Background:
When Vail Associates was formed in the early 1960s, "they sold 100 limited partnerships
at $10, 000 each, and each partnership got equity, four lifetime lift passes and the right to pick
out a residential lot for an additional $250. But they had to start construction on it within a year
So Vail [Associates] didn't give them a deed right away; they had a lease. When they started
construction at some point in time after that [Vail Associates] would give them a deed and then
they'd go out and borrow money. That first year we probably had in round numbers about 25
houses built some quite modest, some a little bigger but everything in those early days was
pretty modest. Nothing terribly fancy. "I
Many of those early investors chose to purchase lots on what became Mill Creek Circle,
Forest Road, and Beaver Dam Road. In 1962, land owners Vail Associates, Ltd., and Vail Village
' See The Vail Business Journal, Vail's 50th: A Conversation with Rod Slifer, by David O. Williams,
December 13, 2012.
DEVLIN LAW GROUP, LLC
201 Columbine Street, Suite #300 Denver, Colorado 80206
Office: (303) 780 -4947; Mobile: (303) 358 -0742
Email: tdevli devlawgroun corn
Town of Vail
October 1, 2013
Page #2
Inn, Ltd., recorded Protective Covenants for Vail Village First Filing, which provided, among
other things, the right to build "not more than two separate apartments '2:
20 1AND USE*
Cho lauds in V611; VillftjO, Virat 111 ing c{t ll . `...
�4)w uac4 for tho tolicw1r. purponuut
'i 2,1.. ; a Loto 'Ln klrckn 1 and 7 +ahatt to maarl only
for prtvato rcvWtrcag0', cacb to co tote net no_a tha'm two caparata.efY
However, as Vail developed rapidly during the 1960s and 1970s, it became apparent to
the Town Council that there was a need to further control residential densities within the Town.
Ordinance No. 7. Series of 1969.
Accordingly, in 1969, the Vail town council adopted Ordinance No. 7, entitled "AN
ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE
TOWN OF VAIL.... ", Vail's first official Zoning Code. 3 This new Zoning Code established,
among other things, two residential zoning districts: the Residential District and the Multi -
Family District.4 For the Residential District (which applied to the applicant's property and all
of the other lots on Mill Creek Circle), this 1969 Zoning Code provided:
(a) Uses Permitted. A person shall not use any premises in a Residential District except
as hereinafter specifically permitted.
1. Uses by Right
(a) Single- family residential dwellings;
(b) Two - family residential dwellings;
(c) Single - family and two family residential dwellings or one or more
rooms contained therein, used by the owners as income producing
property and available to the public for rent or hires [Emphasis
added.]
The applicant, as well as all others owning property in the town of Vail who were re -zoned to
Residential District, now had an undeniably reasonable investment - backed expectation that they
2 Protective Covenants, Vail Village First Filing, Eagle County Colorado, recorded August 10,1962, at
Book 174, Page 179.
3 Ordinance No. 7, Series of 1969.
4 Ordinance No. 7, Series of 1969, Article II., Sections 1 & 2.
5 Ordinance No. 7, Series of 1969, Article II., Section 1(a).
Town of Vail
October 1, 2013
Page #t3
would be able to build occupy and /or rent up to two (2) residential dwellings on their respective
lots (if they did not already have that right by virtue of the 1962 Protective Covenants.)6
Ordinance No. 7 (1969) also provided:
(b) Regulations. The regulations under which the uses in a Residential District are
permitted are as follows:
1. Minimums. The following minimums shall apply:
(a) Floor area: 900 square feet;
(b) Lot area: 10,000 square feet;
(c) Setback: Front, rear and side - 10 feet.
2. Floor Area Ratio. The floor area ratio shall not exceed 0.33:1.7 [Emphasis
added.]
Ordinance No. 8. Series of 1973.
Four years later, town council adopted Ordinance No. 8, Series of 1973, in order to
amend Ordinance No. 7 (1969), "to meet changing conditions within the Town and to provide for
the orderly growth and development of the Town..." 8 This Ordinance established twelve (12)
zoning districts, five of which were residential in nature.9 Council also adopted a new Official
Zoning Map of the Town with this Ordinance10, with applicant's property being zoned "R Two
Family Residential."
For the R Two Family Residential District (which applied to the applicant's property and
all of the other lots on Mill Creek Circle), the 1973 Zoning Code thus provided:
Section 3.200 Permitted Uses
The following uses shall be permitted:
(1) Single family residential dwellings.
(2) Two family residential dwellings.
6 See Footnote 2 above.
Ordinance No. 7, Series of 1969, Article II., Section 1(b).
8 Ordinance No. 8, Series of 1973, Introductory Recitals.
9 Ordinance No. 8, Series of 1973, Article 1, Section 1.201, established the following residential zoning
districts: (1) SFR Single Family Residential District; (2) R Two Family Residential District; (3) LDMF Low
Density Multiple Family District; (4) MDMF Medium Density Multiple Family District; and (5) HDMF High
Density Multiple Family District.
10 Ordinance No. 8, Series of 1973, Article 1, Section 1.202.
11 Ordinance No. 8, Series of 1973, Article 3, Section 3.200.
Town of Vail
October 1, 2013
Page #4
Section 3.500 Development Standards
3.501 Lot Area and Site Dimensions. The minimum lot or site area shall be
15,000 square feet. ...12
3.505 Density Control. Not more than 2 dwelling units in a single structure shall
be permitted on each site, and not more than 25 square feet of gross residential
floor area shall be permitted for each 100 square feet of site area. 1I
Ordinance No. 19. Series of 1976.
Three years later, town council adopted Ordinance No. 19, Series of 1976, to "provide for
proper land development and use. . .14 With respect to density control in the Two - Family
Residential District, this Ordinance provided: "Not more than 2 dwelling units in a single
structure shall be permitted on each site .... the aggregate gross residential floor area for the
two dwelling units in a duplex structure may not exceed 4,000 square feet; and that a single -
family dwelling may contain the maximum gross residential floor area permitted for the site
area." 15
Ordinance No. 30, Series of 1977, established, among other things, a new zoning district
and Chapter 18.13 entitled "TWO FAMILY PRIMARY /SECONDARY RESIDENTIAL
DISTRICT ". The stated purpose provided in pertinent part: "The Two - Family Primary/
Secondary Residential District is intended to provide sites for single family; or two - family
residential uses in which one unit is a larger primary residence and the second unit is a smaller
"caretaker apartment ... ".16 The only two "Permitted Uses" were: (1) Single family residential
dwellings, and (2) Two - family residential dwellings. 17 Fifteen thousand (15,000) square feet was
the new "Minimum Lot Area" established for this new district.18 Finally, regarding density
control, Ordinance No. 30 provided: "Not more than two dwelling units in a single structure shall
be permitted on each site.... On any site containing two dwelling units, one of the units shall
12 Ordinance No. 8, Series of 1973, Article 3, Section 3.501.
13 Ordinance No. 8, Series of 1973, Article 3, Section 3.505.
14 Ordinance No. 19, Series of 1976, Introductory Recitals.
15 Ordinance No. 19, Series of 1976, Section 4, Section 3.505 Density Control.
16 Ordinance No. 30, Series of 1977, Section 2, §18.13.010, Purpose.
17 Ordinance No. 30, Series of 1977, Section 2, §18.13.020, Permitted Uses.
18 Ordinance No. 30, Series of 1977, Section 2, §18.13.050, Lot Area and Site Dimensions.
Town of Vail
October 1, 2013
Page #5
not exceed one -third of the allowable total gross residential floor area (GRFA). "19 [Emphasis
added.] The applicant's property, and all of the other lots on Mill Creek Circle, were
concurrently rezoned this new Two - Family Primary/Secondary Residential District.
The following year, town council adopted Ordinance No. 12, which provided the
following with respect to P/S density control:
18.13.080 DENSITY CONTROL (Two - Family Primary /Secondary
Residential District) - Not more than a total of two dwelling units in a
single structure shall be permitted on each site. . . . No two family
residential lot except those totally in the red hazard avalanche zone,
or the flood plain, shall be so restricted to a point it cannot be
occupied by a two - family primary /secondary dwelling.20 [Emphasis
added.]
Ordinance No. 22. Series of 1979.
Council adopted Ordinance No. 22 the following year, which introduced and imposed
the employee housing deed restriction and other severe development restrictions on
Primary /Secondary lots less than 15,000 square feet; included were the following ordinance
recitals:
WHEREAS, presently all lots in the ... Primary/Secondary Residential
District are permitted two dwellings;
WHEREAS, the town council is of the opinion that lots of less than
15,000 square feet would be overcrowded with two units;
WHEREAS, only under certain exceptions should there be more than one
dwelling unit on a lot less than 15,000 square feet.
Ordinance 22 went on to provide:
18.13.080 DENSITY CONTROL (Two - Family Primary /Secondary
Residential District)
(A) Not more than a total of two dwelling units in a single structure shall
19 Ordinance No. 30, Series of 1977, Section 2, §18.13.080, Density Control.
20 Ordinance No. 12, Series of 1978, Section 2, Section 18.13.080, Density Control.
Town of Vail
October 1, 2013
Page #6
be permitted on each site, with only one dwelling unit permitted on
lots less than 15.000 square feet.... No two family residential lot
except those totally in the red hazard avalanche zone, or the flood
plain, or of those less than 15.000 square feet shall be so restricted to a
point it cannot be occupied by a two- family primary/secondary
dwelling.
(B) The Planning and Environmental Commission may grant an exception
to the restrictions of this Section relating to lots less than 15,000
square feet to allow the addition of a second dwelling unit if the
following criteria are met:
(1) The second unit shall not exceed 1/3 of the total GRFA allowed on the
lot; and
(2) The Planning and Environmental Commission shall find that the
granting of the exception will not be detrimental to the public welfare
or injurious to other property in the area in which the subject property
is situated; and
(3) The applicant shall agree in writing:
(a) That the second dwelling unit shall not be sold, transferred, or
conveyed separately from the primary unit; and
(b) That the secondary dwelling unit shall not be leased or rented
for any period of less than 30 consecutive days; and that it shall be
rented only to tenants who are residents of the Upper Eagle Valley or
who are full -time employees in the Upper Eagle Valley... .
(c) That the secondary shall not be divided into any form of time
shares, interval ownership or fractional fee; and
(d) That a declaration of covenants and restrictions shall be filed of
record in the office of the Eagle County Clerk and Recorder in a form
approved by the Town Attorney for the benefit of the Town to insure
that the restrictions herein shall run with the land; and
(4) No such exception shall be granted unless a written application has
been submitted to and considered by the Planning and Environmental
Commission in accordance with the provisions of Chapter 18.66 of the
Zoning Code of the Town of Vail.21 [Emphasis added.]
Ordinance No. 35. Series of 1980.
Town council adopted a corrective ordinance the following year, which provided:
WHEREAS, the adoption of Ordinance 22, Series of 1979, omitted a
21 Ordinance No. 22, Series of 1979, Introductory Recitals, and Section 1, §18.13.080, Density Control.
Town of Vail
October 1, 2013
Page #7
portion of the Density Control Section of the Two Family Primary/
Secondary Residential District; and
WHEREAS, Ordinance 22, Series of 1979, needs to be corrected.
This Ordinance went on to provide:
18.13.080 DENSITY CONTROL (Two - Family Primary /Secondary
Residential District):
(A) Not more than a total of two dwelling units in a single structure shall
be permitted on each site, with only one dwelling unit permitted on
lots less than 15,000 square feet. . . . On any site containing two
dwelling units, one of the units shall not exceed one -third of the
allowable gross residential floor area (GRFA). No two family
residential lot except those totally in the red hazard avalanche zone, or
the flood plain, or of those less than 15,000 square feet shall be so
restricted to a point it cannot be occupied by a two - family primary/
secondary dwelling. 22 [new text shown as underlined]
Considerable changes to the Primary/Secondary zoning district were made again the
following year, with town council changing the review body for applications/ requests for
exceptions to the density restrictions on lots less than 15,000 square feet, from the Planning and
Environmental Commission (PEC) to the Design Review Board (DRB), finding that the
"Department of Community Development is the appropriate agency to take final action on such
requests and prepare the necessary agreements and restrictions for the use of employee
housing. 1123
Ordinance No. 22 also adopted the following detailed requirements and criteria in
repealing and reenacting Section 18.13.080:
18.013.080B. The Community Development Department may grant an exception
to the restrictions of this section relating to lots of less than 15,000 square feet to
allow the addition of a second dwelling unit if the following criteria are met:
1. The second unit shall not exceed forty percent of the total GRFR allowed
on the lot; and
22 Ordinance No. 35, Series of 1980, Introductory Recitals and Section 1, §18.13.080 Density Control.
23 Ordinance No. 22, Series of 1981, Introductory Recitals.
Town of Vail
October 1, 2013
Page #8
2. The Community Development Department shall find that the granting of
the exception will not be detrimental to the public welfare or injurious to other
property in the area in which the subject property is situated; and
3. That no variances for setbacks, height, parking, site coverage or
landscaping, site development or gross residential floor area would be approved
unless the granting of such a variance benefits the visual appearance of the site
and surrounding area; and
4. That fifty percent of the required parking must be enclosed, and
5. The architectural design of the structure and the materials and colors must
be visually harmonious with their sites and with surrounding sites and structures,
and must not unnecessarily block scenic views from existing buildings; and
6. Access to the secondary unit must not adversely affect adjacent structures;
and
7. The applicant must demonstrate that the site has the ability to double its
capacity for handling trash and outdoor storage, and
8. An application for the second unit, containing the following information,
must be submitted to the Community Development Department for their review:
a. Name of applicant and address
b. Name of applicant's representative (if any)
c. Authorization of property owner
d. Location of the property far which the proposal is made
e . A fee of $100.00 plus an amount equal to the then current first -class
postage rate for each property owner to be notified hereunder
f. A list of the names of the owners of all property adjacent to the
subject property and their addresses for the purpose of notification; and
9. The proposed plan and all required materials must be submitted to the
Design Review Board at their regularly scheduled meeting for their review and
approval; and
10.The applicant shall agree in writing:
a. That the secondary dwelling unit shall not be sold, transferred or
conveyed separately from the primary unit for a period of not more
than twenty (20) years and the life of Trent Ruder from the date that the
Certificate of Occupancy is issued for said second unit; and
b. That the secondary dwelling unit shall not be leased or rented for any
period of less than thirty (30) consecutive days, and that if it shall be
rented it shall be rented only to tenants who are full time employees in
the Upper Eagle Valley. The " Upper Eagle Valley" shall be deemed to
include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle - Vail,and
Avon and their surrounding areas. A" full -time employee" is a person
who works an average of thirty (30) hours per week; and
Town of Vail
October 1, 2013
Page #9
c. That the secondary dwelling unit shall not be divided into any form of
timeshares, interval ownership or fractional fee; and
d. That a declaration of covenants and restrictions shall be filed of record
in the Office of the Eagle County Clerk and Recorder in a form
approved by the Town Attorney for the benefit of the Town to insure
that the restrictions herein shall run with the land.24
Finally, Ordinance No. 22 (1981) also provided for an appeal procedure of DRB/
Community Development Department decisions on such P/S zoning secondary unit application
requests to be made to the PEC, with appeals of PEC decisions to the Town Council. 25
Ordinance No. 23. Series of 1981.
Concurrent with adopting Ordinance 22, town council adopted Ordinance No. 23 (1981)
regarding the increase in the permitted size and design of the primary/secondary structures:
18.13.080B 1. [The] [s]econd unit shall not exceed 40% of the total GRFR
allowed on the lot and shall not be substantially similar in design to the primary!
unit.26 [Added text.]
Five years later, and to correct "a typographical error [that] resulted in Section 18.13.080
being eliminated" at the time Ordinances 22 and 23 (1981) were adopted, town council adopted
Ordinance No. 23 (1986) in order to repeal and re -enact with amendments Section 18.13.080 A
pertaining to the Primary/Secondary zone district to read as follows:
Section 18.13.080 A. Density Control
A. Not more than a total of two dwelling units in a single structure shall be
permitted on each site, with only one dwelling unit permitted on lots of less than
fifteen thousand square feet.... On any site containing two dwelling units, one of
the units shall not exceed 40 percent of the total allowable gross residential floor
area (GRFA). No two - family residential lot except those totally in the red hazard
avalanche zone, or the flood plain, or those of less than fifteen thousand square
24 Ordinance No. 22, Series of 1981, Section 1, §18.13.080B Density Control. [Note, the "twenty (20)
years and the life of Trent Ruder" language in §10a. was likely inserted as an attempted Rule Against
Perpetuities savings clause.]
25 Ordinance No. 22, Series of 1981, Sections 2 & 3.
26 Ordinance No. 23, Series of 1981, Section 2, §18.13.080B Density Control.
Town of Vail
October 1, 2013
Page #10
feet shall be so restricted that it cannot be occupied by a two family primary/
secondary residential dwelling. 27
Ordinance No. 12. Series of 1988.
Two years later, town council adopted Ordinance No. 12 (1988) to further clarify the
design guidelines for duplex and primary/secondary development. A new Section 18.54.050 -
Duplex and Primary/Secondary Development - was added to the zoning code to address certain
design and site constraint issues.28 In addition, § 18.13.080 was amended to eliminate the "single
structure" requirement for two units when site constraints so require.29
Ordinance No. 19. Series of 1990.
Two years later, town council adopted Ordinance No. 19 (1990) to correct Ordinance No.
12 (1988), which had "inadvertently eliminated the requirement that the [GRFA] distribution
ratio for primary/secondary units shall be no greater than forty percent (40 %) of the total
allowable gross residential floor area. "30
Later that same year, town council adopted Ordinance No. 37 to amend the definition of
GRFA and how it is calculated,31 as well as to once again modify Section 18.13.080A, Primary/
Secondary Density Control, by the addition of the following provision to allow for an increase in
the permitted GRFA:
"In addition to the above, four hundred twenty -five square feet of gross residential
floor area (GRFA) shall be permitted for each allowable dwelling unit. 1132
Ordinance No. 6. Series of 2000.
A decade later, town council adopted this Ordinance, which served to repeal and reenact
Chapter 13, Employee Housing, as well as reduce the minimum lot size triggering the EHU
27 Ordinance No. 23, Series of 1986, Section 1, §18.13.080A Density Control.
28 Ordinance No. 12, Series of 1988, Section 1, §18.54.050 Duplex and Primary/Secondary Development.
29 Ordinance No. 12, Series of 1988, Section 4, §18.13.080A.
30 Ordinance No. 19, Series of 1990, Introductory Recitals, and Section 1, §18.13.080A.
31 Ordinance No. 37, Series of 1990, Section 1, Section 18.04.130 Floor area, gross residential (GRFA).
32 Ordinance No. 37, Series of 1990, Section 5, Section 18.13.080 A. Density Control.
Town of Vail
October 1, 2013
Page #11
requirement in the P/S zoning district from 15,000 square feet to 14,000 square feet.33 As a
result, secondary units were now required to be deed restricted EHUs on lots less than 14,000
square feet (instead of 15,000). [Note that during the interim period 1990 to 2000, the Town's
Zoning Code was updated, resulting in section renumbering; §18.13.080B was renumbered to
Section 12 -6D -8: Density Control (Primary/Secondary).]
In adopting Ordinance No. 6 (2000), town council made a finding that "these
amendments will provide additional incentives to the private sector to provide employee housing
units throughout the Town of Vail ", and that "the proposed amendments will encourage the
incorporation of employee housing units through the redevelopment of older homes in the
Town... "34 Some of the "incentives" that were included can be seen the following table:
12.73 -4: REOUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU)TYPE:"' I
.....
2 Dietrxte
EMU P.-I ted BY RNM
m. .�.�......m.....r.�......�,.r..
0—hip' Addltioeai
Tremlarsrrce GRFA
Atldabrwi Site
Coverage/
Red�Ked
Laadaeape Ahl.Area
....M....a.,: «tea
Cr Garage
I _ Reyue�MSmeenm
.,...,.....r..r.�.
MIM�mum!
1 Maa4num
I GRFA
ParkkV I 01 An EMU
D—Ity
Type I Pr ary'aeCOndary
Tna EHU may o. s01d or The EHU .a
? le CA�.81 rep..
Allowed :tW gq Pot garaga are. per
Fe —an `. o /th�s t+.le es nfa
The EMU to
o ntai,
I— afert.d aepafslajy ene0ed t0 an
The ate 3ehlred to
anftw venja M ... I 3
adwell,rg_1 i
ai owed es
T tar, resWental
addrt onal
adtl'tAnal 5%
ol2 park ng W— (600 all h,.).
I
a d
560 sq n
� s , Po erage for the
a 0 nh the
(O b, in less lh.,
GRF(0"
HL:.
Alf nits hol.a st - etl '..h a garage
1
property.
14=aq.ft h—)
deducton
tlnape,1 ea
halih eq ]e nrnun 75" 1'
oIs fOdgaa area ddNtan nnUlMal
j
The s:l -s tliad to a
red cton of
closet ap ..a T 5 75 aq It Shall be a
,:redilro ss-9. nary.
1
d ap area by 51b
I I 5 ^ed to s5- or
Sfaa ea) tr the U
( I
1
With these amendments, secondary units on lots less than 14,000 square feet (still
required to be restricted as EHUs) in the Primary/Secondary District were (and are now)
permitted to be sold or transferred separately from the primary unit; the secondary unit /EHU is
now entitled to an additional 550 square feet of GRFA; site coverage is permitted to be increased
by 5% to accommodate the EHU. and a 5% reduction in required landscape area is afforded.35
Town council's 1979 concern of "overcrowding" on these lots was apparently nevermore.
However, and ironically, these so- called "incentives to the private sector to provide employee
housing units" undeniably result in increased adverse site impacts on such P/S "smaller" lots and
the surrounding neighborhood.
Ordinance No. 14. Series of 2004.
In 2004, town council adopted Ordinance No. 14, which modified the formula for
calculating GRFA in the Primary/Secondary Residential District, thus eliminating the "additional
33 Ordinance No. 6, Series of 2000, Section 1.
34 Ordinance No. 6, Series of 2000, Introductory Recitals.
35 Ordinance No. 6, Series of 2000, Section 1.
Town of Vail
October 1, 2013
Page #12
425 square feet for each permitted dwelling unit. 1136
Finally, in 2005, town council adopted Ordinance No. 29, which added "Type IV"
employee housing units as an additional permitted use in the Two - Family Primary/Secondary (P/
S) District.37
11, Nature of Applicant's Request to Amend Zoning Code.
For nearly three decades, frorn 1977-2005, Vail town council considered and adopted no
fewer than fifteen (15) Ordinances cited above regarding the use, transfer, and development
restrictions on lots less than 15,000 square feet located in the _Rvo- Family Primary /Secondary (P/
S) District. In 1979, town cotmcil made certain findings in prohibiting more than one (1)
dwelling unit on P/S lots less than 15,000 square feet, citing `overcrowding" as the primary
concern, yet at the same time allowed for a secondary unit to be built on the same lot, only if the
owner agreed to deed restrict it as an employee housing unit, subject to severely onerous use,
transfer and development restrictions not applicable to all of the other property owners in the P/S
district that were fortunate enough to own lots greater than 15,000 (now 14,000) square feet.''
In addition, from 1979 to 2000, Vail town council adopted and imposed numerous
revisions to the FIIU requirements in the Primary /Secondary District as explained in detail
above, including reducing the minimum lot size from 15,000 to 14,000 square feet, the new,
"trigger" for requiring a deed restricted EHU on the secondary unit. By 2000, the town council
had seemingly core full circle front where it was in 1979 when they adopted Ordinance b
(Series of 2000), evidently no longer worried about previously - alleged "overcrowding" impacts
on Two - Family Primary/Secondary lots less than 15,000 (14,000) square feet: secondary units
(still restricted as EHUs) are now entitled to an additional 550 square feet of GRFA;
allowable site coverage can be increased by up to 5% to accommodate the EHU, and a 5%
reduction in required landscape area is afforded. These "incentives to the private sector to
provide employee housing units ", ironically and undeniably result in increased adverse site
impacts on such lots and the surrounding neighborhood.
36 See Footnote 32 above. Additionally, Ordinance No. 14 (2004), Section 5, §12 -6D -8B provided:
P/S GRFA formula revised as follows:
0.46 of site area < 10,000 sq. ft., plus
0.38 of site area > 10,000 < 15,000 sq. ft., plus
0.13 of site area > 15,000 < 30,000 sq. ft., plus
0.06 of site area >30,000 sq. ft.
(the secondary unit shall not exceed 40% of the allowable GRFA)
37 Ordinance No. 29, Series of 2005, Section 23, Section 12 -6D -2.
38 See Ordinances 22 -23, Series of 1979, above.
Town of Vail
October 1, 2013
Page #13
The applicant's family has owned the property at 302 Mill Creek Circle since 1968 when
they purchased it from then Mayor John Dobson, who ironically executed Ordinance No. 7
(1969) on the Town's behalf, which adopted the first Zoning Code Regulations and Official
Zoning Map. 31 Since the structure was built on the applicant's property by Mr. Dobson in 1963,
and during the entire time since, the applicant has owned and enjoyed the property, and there
have existed two (2) separate dwelling units, neither of which is deed restricted for employee
housing /EHU. The applicant has continuously enjoyed owning the two units f -or 45+ years for
the growing family 's personal use, just as permitted under the 1962 Protective Covenants, as well
as the 1977 Zoning Code.
However, the Town's Community Development Department has recently informed the
applicant that if at some point in time they wish to completely redevelop their property, they
could in fact build two PI'S dwelling units, with up to the maximum 60`!/0/40% floor area ratio
Split40, but the smaller of the two units would have to become a deed restricted )CHIT that
they would no longer be able to occupy or use themselves since they are not local residents,
nor are they employed in Eagle County as required by the EHU Ordinance, which currently
requires:
For EHUs which are required to be leased, they shall only be leased to and
occupied by tenants who are full time employees who work in Eagle County.
An EHU shall not be leased for a period less than thirty (30) consecutive days.
An EHU shall be continuously rented and shall not remain vacant for a period
to exceed three (3) consecutive months.41
Meanwhile, the applicant's similarly situated Mill Creek Circle neighbors on L.,ots 6, I0,
13 -19, each of whose respective P/S lot is greater than 14,000 square feet, has the right to build
up to two 2a free market, unrestricted dwelling units for their personal use and enjoyment, as
well as the freedom to rent each unit on a short or long term basis as they see fit.
The lot sizes for all of the PI'S platted lots in Vail Village Filing No. 1, Block No. I
(which includes all of the lots on Mill Creek Circle), are as follows:
39 See Footnotes 3 -7 above.
41) See Footnotes 22 -23 above.
41 Town Code §12- 13 -3A.2 (2013).
Town of Vail
October 1, 2013
Page #14
Lot # [Vail Village First Filing, Block 11 1
Lot Size
Address
(per Eagle County Assessor's Office)
Lot l/
13,068 Sq. Ft.
325 Mill Creek Cir.
(0.300 AC)
Lot 2/
12,066 Sq. Ft.
315 Mill Creek Cir.
(0.277 AC)
Lot 3/
12,545 Sq. Ft.
303 Mill Creek Cir.
(0.288 AC)
Lot 4/
12,240 Sq. Ft.
328 Mill Creek Cir.
(0.281 AC)
Lot 51
11,717 Sq. Ft.
312 Mill Creek Cir.
(0.269 AC)
Lot 6/
16,161 Sq. Ft.
304 Mill Creek Cir.
(0.371 AC)
Lot 7/ APPLICANT
12,763 Sq. Ft.
302 Mill Creek Cir.
(0.293 AC)
Lot 8/
12,894 Sq. Ft.
392 Mill Creek Cir.
(0.296 AC)
Lot 9/
13.982 Sq. Ft.
362 Mill Creek Cir.
(0.321 AC)
Lot 10/
17,641 Sq. Ft.
342 Mill Creek Cir.
(0.405 AC)
Lot 11/
12,414 Sq. Ft.
332 Mill Creek Cir.
(0.285 AC)
Lot 13/
1 5,420 Sq. Ft.
325 Mill Creek Cir.
(0.354 AC)
Lot 14/
23,217 Sq. Ft.
345 Mill Creek Cir.
(0.533 AC)
Lot 151
29,620 Sq. Ft.
353 Mill Creek Cir.
(0.680 AC)
Lot 16/
19,384 Sq. Ft.
365 Mill Creek Cir.
(0.445 AC)
Lot 17/
18,513 Sq. Ft.
375 Mill Creek Cir.
(0.425 AC)
Town of Vail
October 1, 2013
Page #15
Lot ## (Vail Village First Filing, Block 11 / Lot Size
Address (per Eagle County Assessor's Office)
Lot 18/ 17,075 Sq. Ft.
385 Mill Creek Cir. (0.392 AC)
Lot 19/ 18,905 Sq. Ft.
395 Mill Creek Cir. (0.434 AC)
A copy of a portion of the original plat of Vail Village First Filing, Block 1, depicts all of
the lots located on Mill Creek Circle:
III. Conclusion.
'A
f
i
l�
1�
�j
_ 1
1
As stated above. the applicant's family has owned 302 Mill Creek Circle since purchasing
it in 1968 from Mayor Dobson, and during that entire time have had two dwelling units on their
property, neither of which is a deed restricted EHU, for their personal use and enjoyment. As
explained above, the Community Development Department's position on the applicant's
situation is that the two (2) existing dwelling units are recognized by the Town as being
..grand fathered ", non - conforming uses, allowed to remain until the property is redeveloped, at
which such time the EHU deed restriction would apply to any second unit constructed on their
1 /
7 � J
97i
G
C _
FZo _.
a: c
\1
o,
III. Conclusion.
'A
f
i
l�
1�
�j
_ 1
1
As stated above. the applicant's family has owned 302 Mill Creek Circle since purchasing
it in 1968 from Mayor Dobson, and during that entire time have had two dwelling units on their
property, neither of which is a deed restricted EHU, for their personal use and enjoyment. As
explained above, the Community Development Department's position on the applicant's
situation is that the two (2) existing dwelling units are recognized by the Town as being
..grand fathered ", non - conforming uses, allowed to remain until the property is redeveloped, at
which such time the EHU deed restriction would apply to any second unit constructed on their
Town of Vail
October 1, 2013
Page #16
lot, which they would then be unable to use or occupy for theinselves.42
The applicant certainly lauds the Town of Vail's efforts and achievements over the years
in providing housing for local employees. However, it is patently unfair for the Town to impose
such severe use and development restrictions on a particular group of property owners, i.e., those
owning P/S lots less than 14,000 square feet in size, in furtherance of it's goal to provide
employee housing.
The Town of Vail's current zoning regulations at Section 12 -6D -8: Density Control, as
well as those regulations imposed by Ordinance No. 22 (Series 1979) through Ordinance No. 6
(Series of 2000) cited herein above, are arbitrary and capricious with respect to requiring a
second unit to be a deed restricted EHU on lots less than 14,000 square feet. These restrictions
amount to a regulatory taking of the applicant's property in violation of the Clue Process and
Equal Protection Clauses of the U.S. and Colorado Constitutions.
Accordingly, the applicant respectfully requests that the Town of Vail "Zoning Code be
amended as described in the first paragraph of this letter.
Very truly yours,
Dt; ;vt.tN 1.a�V GT.) k1], LLC
Timothy N.' Devlin, Esq.
42 See Footnote above.
ORDINANCE NO. 22
Series of 109-
AN ORDINANCE AMENDING THE VAIL MUNICIPAL
CODE TO ALLOW ONE SINGLE FAMILY RESIDENTIAL
UNIT IN THE TWO- FAMILY RESIDENTIAL DISTRICT
AND TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL
DISTRICT ON LOTS OF LESS THAN 15,000 SQUARE
FEET; PROVIDING EXCEPTIONS THERETO; AND
SETTING FORTH DETAILS RELATING THERETO;
WHEREAS, presently all lots in the Two - Family Residential
and Primary /Secondary Residential District are permitted two dwellings;
WHEREAS, the Town Council is of the opinion that lots of less
than 15,000 square feet would be over - crowded with two units;
WHEREAS, only under certain exceptions should there be more
than one dwelling unit on a lot less than 15,000 square feet;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Vail Municipal Code is amended by the repeal
and reenactment of Section 18.12.090 and 18.13.080 to read as follow:
18.12.090 DENSITY CONTROL (Two Family Residential District)
(A) Not more than a total of two dwelling units in
a single structure shall be permitted on each
site with only one dwelling unit permitted on
lots of less than 15,000 square feet, and not
more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each
100 square feet for the first 15,000 square feet
of site area, plus not more than 10 square feet
of gross residential floor area shall be permitted
for each 100 square feet of site area over 15,000
square feet not to exceed 30,000 square feet of
site area, plus not more than five square feet of
gross residential floor area for each 100 square
feet of site area in excess of 30,000 square feet.
No two family residential lot except those totally
in the red hazard avalanche zone, or the flood
plain, or those of less than 15,000 square feet
shall be so restricted that it cannot be occupied
by a two - family dwelling.
(B) The Planning and Environmental Commission may grant
an exception to the restrictions of this Section
relating to lots of less than 15,000 square feet
to allow the addition of a second dwelling unit if
the following criteria are met:
(1) The second unit shall not exceed 1/3 of the
total GRFA allowed on the lot; and
(2) The Planning and Environmental Commission shall
find that the granting of the exception will not
be detrimental to the public welfare or injurious
to other property in the area in which the subject
property is situated; and
OrciinanWo. 22 • Page Two
(3) That the applicant shall agree to in writing:
(a) That the Secondary dwelling unit shall not
be sold, transferred, or conveyed separately
from the primary unit.
(b) That the secondary dwelling unit shall not
be leased or rented for any period of less
than 30 consecutive days; and that it shall
be rented only to tenants who are residents
of the Upper Eagle Valley or who are full -time
employees in the Upper Eagle Valley. The "Upper
Eagle Valley" shall be deemed to include the Gore
Valley, Minturn, Red Cliff, Gilman, Eagle -Vail,
and Avon and their surrounding areas. A "Full -
time employee" is a person who works an average
of 30 hours per week.
(c) That the secondary dwelling unit shall not be
divided into any form of time - shares, interval
ownership or fractional fee; and
(d) That a declaration of covenants and restrictions
shall be filed of record in the office of the
Eagle County Clerk and Recorder in a form approved
by the Town Attorney for the benefit of the Town
to insure that the restrictions herein shall run
with the land; and
(4) No such exception shall be granted unless a written
application has been submitted to and considered by
the Planning and Environmental Commission in accordance
with the provisions of Chapter 18.66 of the Zoning Code
of the Town of Vail.
18.13.080 DENSITY CONTROL (Two Family Primary /Secondary Residential
District)
(A) Not more than a total of two dwelling units in a single
structure shall be permitted on each site, with only one
dwelling unit permitted on lots of less than 15,000 square
feet, and not more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each 100 square
feet of site area, plus not more than 10 square feet of
gross residential floor area shall be permitted for each
100 square feet of site area over 15,000 square feet not
to exceed 30,000 square feet of site area, plus not more
than five square feet of gross residential floor area for
each 100 square feet of site area in excess of 30,000 square
feet. No two family residential lot except those totally in
the red hazard avalanche zone, or the flood plain, or those
of less than 15,000 square feet shall be so restricted that
it cannot be occupied by a two family primary /secondary
residential dwelling.
(B) The Planning and Environmental Commission may grant an
exception to the restrictions of this Section relating
to lots of less than 15,000 square feet to allow the
addition of a second dewlling unit if the following
criteria are met:
(1) The second unit shall not exceed 1/3 of the total
GRFA allowed on the lot; and
(2) The Planning and Environmental Commission shall find
that the granting of the exception will not be detrimental
to the public welfare or injurious to other property in
the area in which the subject property is situated; and
0 •
Ordinance No. 22 Page Three
(3) The applicant shall agree in writing:
(a) That the second dwelling unit shall not be sold,
transferred, or conveyed separately from the pri-
mary unit; and
(b) That the secondary dwelling unit shall not be
leased or rented for any period of less than
30 consecutive days; and that it shall be rented
only to tenants who are residents of the Upper
Eagle Valley or who are full -time employees in
the Upper Eagle Valley. The "Upper Eagle Valley"
shall be deemed to include the Gore Valley,
Minturn, Red Cliff, Gilman, Eagle -Vail, and Avon
and their surrounding areas. A "Full -time employee"
is a person who works an average of 30 hours per week.
(c) That the secondary dwelling unit shall not be divided
into any form of time - shares, interval ownership or
fractional fee; and
(d) That a declaration of covenants and restrictions
shall be filed of record in the office of the
Eagle County Clerk and Recorder in a form approved
by the Town Attorney for the benefit of the Town
to insure that the restrictions herein shall run
with the land; and
(4) No such exception shall be granted unless a written
application has been submitted to and considered by
the Planning and Environmental Commission in accordance
with the provisions of Chapter 18.66 of the Zoning Code
of the Town of Vail.
ORDINANCE NO. 22
PAGE 4
j
Section 2. If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council
hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and
declares that this ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants
thereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS 17 day of JULY y 1979, and
a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on
the 7th day of AUGUST , 1979.
r
ayor
0
ATTEST: ,!
rL
INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED
BY TITLE ONLY THIS 7th DAY OF AUGUST, 1979.
e-, Z�
ATTEST:- / /; MAYOR
TOWN LERK
I : 46 0 0
ORDINANCE NO. 6
Series of 2000
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13, EMPLOYEE HOUSING,
TITLE 12 ZONING REGULATIONS, TOWN CODE IN ORDER TO PROVIDE ADDITIONAL
INCENTIVES FOR THE CREATION OF EMPLOYEE HOUSING THROUGHOUT THE TOWN
OF VAIL; AND AMENDING SECTIONS 12 -6C -8 AND 12 -6D -8, DENSITY CONTROL, TITLE
12 ZONING REGULATIONS, TOWN CODE IN ORDER TO REDUCE THE MINIMUM LOT
SIZE REQUIREMENT IN THE TWO - FAMILY AND PRIMARY SECONDARY RESIDENTIAL
ZONE DISTRICTS FROM 15,000 SQ. FT. TO 14,000 SO. FT.; AND MAKING OTHER
AMENDMENTS IN REGARD THERETO.
WHEREAS, the Town Council finds that these amendments will provide additional
incentives to the private sector to provide employee housing units throughout the Town of Vail;
and
WHEREAS, the proposed amendments are necessary to ensure proper utilization of
employee housing units and the proper enforcement of the occupancy of all employee housing
units; and
WHEREAS, the Town Council believes the proposed amendments will encourage the
incorporation of employee housing units through the redevelopment of older homes in the
Town; and
WHEREAS, The Planning and Environmental Commission of the Town of Vail has
recommended approval of the proposed amendments at its September 27, 1999 meeting, and
has recommended approval of the amendments to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend these code sections.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 12, Chapter 13 Employee Housing, is hereby repealed and
reenacted as follows:
EMPLOYEE HOUSING
SECTION:
12 -13 -1: Purpose
12 -13 -2: Applicability
12 -13 -3: General Requirements
12 -13 -4: Requirements by Employee Housing Unit (EHU) Type
12 -13 -1: Purpose.
The Town's economy is largely tourist based and the health of this economy is premised on
exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a
strong, high quality and consistently available work force. To achieve such a work force, the
community must work to provide quality living and working conditions. Availability and
affordabiiity_of housing plays a critical role in creating quality living and working conditions for
the community's work force. The Town recognizes a permanent, year -round population plays
Ordinance No, 6, Series of 2000
an important role in sustaining a healthy, viable community. Further, the Town recognizes its
role in conjunction with the private sector in ensuring housing is available. The Town Council
may pursue additional incentives administratively to encourage the development of employee
housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers,
tax abatement and in kind services to owners and creators of employee housing units. The
Town of Vail or the Town's designee may maintain a registry and create lists of all deed
restricted housing units created in the Town to assist employers and those seeking housing.
12 -13 -2: Applicability:
A. Chapter Provisions In Addition: The requirements of this Chapter shall be in addition to the
requirements set forth in each zone district where employee housing units (EHU) are permitted
by this Chapter and all other requirements of this Code.
B. Controlling Provision: Where the provisions or requirements of this Chapter conflict with the
provisions or requirements set forth in any zone district or any other requirements of this Code,
the provisions of this Chapter shall control.
12 -13 -3: General Requirements.
This section provides general requirements which are applicable to EHUs.
A. Deed Restriction, Occupancy Limitations, Reporting Requirements Type I, II, III, and V.
No employee housing unit which is governed by this Chapter shall be subdivided
or divided into any form of time shares, interval ownerships, or fractional fee. All
Employee Housing Units are required to be occupied and shall not sit empty or
unoccupied.
For EHUs which are required to be leased, they shall only be leased to and
occupied by tenants who are full -time employees who work in Eagle County. An
EHU shall not be leased for a period less than thirty (30) consecutive days. For
the purposes of this Chapter, a full -time employee is one who works an average
of a minimum of thirty (30) hours each week on a year round basis. The owner
of each EHU shall rent the unit at a monthly rental rate consistent with or lower
than those market rates prevalent for similar properties in the Town. An EHU
shall be continuously rented and shall not remain vacant for a period to exceed 5
consecutive months.
3. For an EHU which can be sold separately, the EHU must be occupied by the
owner of the EHU as a permanent residence, except for Type III Employee
Housing Units, which may be occupied by any person meeting the employment
requirements contained herein. For the purpose of this paragraph, a permanent
residence shall mean the home or place in which one's habitation is fixed and to
which one, whenever he or she is absent, has a present intention of returning
after a departure or absence therefrom, regardless of the duration of absence.
In determining what is a permanent residence, the town staff shall take the
following circumstances relating to the owner of the residence into account:
business pursuits, employment, income sources, residence for income or other
tax purposes, age, marital status, residence of parents, spouse and children if
any, location of personal and real property, and motor vehicle registration. Thirty
(30) days prior to the transfer of a deed for an EHU, the prospective purchaser
shall submit an application to the Department of Community Development
documenting that the prospective purchaser meets the criteria set forth herein
and shall include an affidavit affirming that he or she meets these criteria.
No later than February 1 of each year, the owner of each employee housing unit
within the Town which is constructed following the effective date of this Chapter
shall submit two (2) copies of a sworn affidavit on a form to be obtained from the
Community Development Department, to the Community Development
Department setting forth evidence establishing that the employee housing unit
has been rented or owner occupied throughout the year, the rental rate, the
employer, and that each tenant who resides within the employee housing unit is
Ordinance No. 6, Series of 2000
! i 0
a full -time employee in Eagle County.
5. The provisions set forth in this subsection (A) shall be incorporated into a written
agreement in a form approved by the Town Attorney which shall run with the
land and shall not be amended or terminated without the written approval of the
Town. Said agreement shall be recorded at the County Clerk and Recorder office
prior to the issuance of a building permit for the construction of an EHU.
B. Deed Restriction, Occupancy Limitations, Reporting Requirements Type IV,.
All Type IV Employee housing unit deed restrictions shall be incorporated into an
agreement in a form and substance acceptable to the Town Manager and Town
Attorney.
C. Development Standards.
1. No property containing an EHU shall exceed the maximum GRFA permitted in
Title 12 except as specifically provided in herein.
2. All trash facilities shall be enclosed.
3. All surface parking shall be screened by landscaping or berms as per Chapter
12 -11, Design Review.
4. Each EHU shall have its own entrance. There shall be no interior access from
any EHU to any dwelling unit it may be attached to.
5. An EHU may be located in, or attached to, an existing garage (existing on or
before April 18 2000 and whether located in a required setback or not),
provided that no existing parking required by the Town Municipal Code is
reduced -or eliminated. A Type I EHU which has 500 sq. ft. or less of GRFA may
be considered for physical separation from the primary unit, if it is constructed in
conjunction with a two car garage and is otherwise compatible with the
surrounding properties, does not have an adverse impact on vegetation, and
does not dominate the street. The Design Review Board shall review such
requests for separation.
6. All EHUs must contain a kitchen or kitchenette and a bathroom.
Occupancy of an of an employee housing unit shall be limited to the maximum of
two persons per bedroom.
D. Application Requirements.
1. Applicants for a conditional use permit for the purpose of constructing employee
housing shall not be required to pay a conditional use permit application fee or
Design Review application fee.
2. EHU applications requiring a conditional use permit are subject to review and
approval by the Planning and Environmental Commission as provided for in
Chapter 12 -16, Conditional Use Permits.
3. EHU applications which do not require a conditional use permit shall be reviewed
by the Community Development Department subject to a Design Review
Application,
4. Applications for a Type II employee housing unit shall include the signatures of
all owners of the property (i.e., both sides of a duplex) or there shall be a letter
accompanying the application from all owners agreeing to the addition of an
employee housing unit. Applications will not be accepted unless this provision is
met.
5. Any existing legal non - conforming dwelling unit in the Town of Vail may be
Ordinance No. 6, Series of 2000
0 • 0
converted to an EHU administratively by the Town without obtaining a conditional
use permit. Dwelling units and lock -off units which exist as of the date of this
ordinance but which are nonconforming with respect to density and GRFA may
be converted to a conforming EHU administratively by the Town, as long as they
otherwise comply with the development standards and parking requirements
found herein and comply with the Building Code requirements of the Town of
Vail. Upon being converted to an EHU per this section, such dwelling units shall
be considered legally conforming EHUs and shall be governed by all
requirements of this chapter.
E. Enforcement Provisions.
All employee housing units governed by this title shall be operated and maintained in
accordance with this title. Failure to do so may result in enforcement proceedings in a
court of competent jurisdiction and in accordance with Chapter 3 of Title 12.
Ordinance No. 6, Series of 2000
4
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Section 2. Sections 12 -6A -2, 12 -613-3, 12 -6C -2, 12-6C-3,12-6D-2. 12-6D-3112-GE-3, 12-
6F-3, 12 -6G -3, 12 -61-11-3, 12 -7A -3, 12- 78-4(B), 12 -713- 5(13)(8 and 9), 12 -7D -2, 12 -7E -4, 12 -7F-
4, 12 -7F -9, 12- 7H -2(C), 12- 7H -3(C), 12- 7H -4(A), 12- 71 -2(C), 12- 71 -3(C), 12- 71- 4(A),12 -8A -3;
12 -8D -3, 12 -913-3, and 12 -9C -3 , Title 12, Zoning Regulations are hereby amended as follows:
12 -6A -2: PERMITTED USES:
The following uses shall be permitted in the HR District:
Single- family residential dwellings.
Type V employee housing unit, one per lot, as set forth in Chapter 13 of this Title.
12 -6B -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title.
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type II employee housing unit as set forth in Chapter 13 of this Title.
12 -6C -2: PERMITTED USES:
The following uses shall be permitted in the R District:
Single - family residential dwellings.
Two- family residential dwellings.
Type I employee housing unit as set forth in Chapter 13 of this Title.
12 -6C -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R District, subject to issuance of
a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type II employee housing units as set forth in Chapter 13 of this Title.
12 -6D -2: PERMITTED USES:
The following uses shall be permitted:
Single- family residential dwellings.
Ordinance No, 6, Series of 2000 8
• • !
Two - family residential dwellings.
Type I employee housing unit as provided in Chapter 13 of this Title.
12 -6D -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type II employee housing unit as set forth in Chapter 13 of this Title.
12 -6E -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -6F -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type IV empleyee hewsiRg unit (EHU) as PFQVided iR 8eGti9R 12 13 7- 9� this Title
12 -6G -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the MDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Ordinance No. 6, Series of 2000 9
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type IV employes housing unit (EHLJ) as pFevided Rnnii'AR. 12 4@ 7 ef thmr, T#4�-.
12 -61-1-3: CONDITIONAL USES:
'The following conditional uses shall be permitted in the HDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[Ali other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type W empigyee housiRg unit (RHW�a6 pmyided is Sention 122 42 ;z ef this Title.
12 -7A -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type IV employse heusing unit (FmMW) ar, pmvided In Seetiefq 42 43 7 of this Title
12 -713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
(All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
TYPG IV 9FAPIGY89 heusing unit (EMU) as pFeyided iR SestieR 42 13 7- of thorn Title.
12 -713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
B. Conditional Uses The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in accordance
with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates
any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional
Ordinance No. 6, Series of 2000 10
i
use permit. Such uses may include:
• i
[All other uses or text fisted in this section remains unchanged. Stricken text is being
removed.]
8. Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
. Type IV employee 110616MO URit- (EMU) as PPevided R SeGtiaR 4-2-4 9 :7 ef this Tft44-
12 -71D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the Commercial Core 3 District, subject to
issuance of a conditional use permit in accord with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title and Type
12 -7E -4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text fisted in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -7F -4: CONDITIONAL USES:
A. Enumerated: The following conditional uses shall be permitted in the Arterial
Business District, subject to the issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type IV empleyee heursiRg unit (EHW) as PFOVided iR SeGtOGR 4 2 4,9 :7 of this Title.
12 -7F -9: DENSITY CONTROL:
Not more than sixty (60) square feet of gross residential floor area (GRFA) shall be
permitted for each one hundred (100) square feet of buildable site area. Total density shall met
Ordinance No. 6, Series of 2000 11
• i •
12 -7H -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
C. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
C. Conditional Uses; The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in accordance with
the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71-1-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple - family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71 -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
Ordinance No. 6, series of 2000 12
C. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple - family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71 -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
C. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in accordance with
the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple - family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71 -4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -8A -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Ordinance No. 6, Series of 2000 13
Type II employee housing unit (EHU) as provided in Chapter 13 of this Title.
12 -8D -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the Ski Base /Recreation District,
subject to the issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Type IV emplayee h9w6ing unit (FmHW) as provided dR !geratien 42 13 7 of this T-
12 -913-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type Ili employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -9C -3: CONDITIONAL USES:
A. Generally: The following conditional uses shall be permitted in the GU District,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16
of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EMU) as provided in Chapter 13 of this Title.
Type IV empleyes hausiRg unit (F!MW) as pFoynded dR SeetieR 42 43 7-ef this Title.
Section 3. Section 12 -7F -15 is hereby repealed in its entirety.
Section 4. Sections 12 -6C -8 and 12 -6D -8 are amended to read as follows:
12 -6C -8: DENSITY CONTROL:
Ordinance No. 6, Series of 2000 14
i
• •
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each
site with only one dwelling unit permitted on existing lots less than €f ems
(-16,099) fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site
a. Twenty five (25) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first fifteen thousand (15,000) square feet of
site area; plus
Ten (10) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area over fifteen thousand (15,000) square feet, not to
exceed thirty thousand (30,000) square feet of site area; plus
Five (5) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area in excess of thirty thousand (30,000) square feet.
2. In addition to the above, four hundred twenty five (425) square feet of gross residential
floor area (GRFA) shall be permitted for each allowable dwelling unit.
3.
thOWEARGI (157999) 69WaFe feet with 984GR 42 43 4 Afthis- Title-.
C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this
Section, a Type I employee housing unit shall be permitted on lots of less than fifteen
thow6and -(4 5,990) fourteen thousand (14,000) square feet in accordance with the
provisions of Chapter 13 of this Title. Any_Type I Employee Housing Unit existing on or
before April 18 2000 shall not be eliminated unless all dwellinq units are demolished in
which case the zoninq on the property shall apply. However, an existing Type I
Employee Housing Unit may be replaced with a Type II Employee Housing Unit on lots
of 14,000 N. ft. or greater.
12 -6D -8: DENSITY CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each
site with only one dwelling unit permitted on existing lots less than ''*^°^ th. Q-4 spiel.
(16,000) fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
Twenty five (25) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first fifteen thousand (15,000) square feet of
site area; plus
Ten (10) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area over fifteen thousand (15,000) square feet, not to
exceed thirty thousand (30,000) square feet of site area; plus
Five (5) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area In excess of thirty thousand (30,000) square feet.
2. In addition to the above, four hundred twenty five (425) square feet of gross residential
Ordinance No, 6, Series of 2000 15
• • s
floor area (GRFA) shall be permitted for each allowable dwelling unit.
ZOR9, OF the f'98d PlaiA, OF th@68 ef less thaR fifteen the-u-sa—Rd (15,999) equa% feet shall be GG
TYPS I eFnP!Gyee housing Unit (rmWW) may be allowed en lots whish aFe Iee-4hRR fifteRR
theusand (4 6,099) SqUaF9 feet OR aGQGFdaRGe With 9GGtiGR 12 4 24 e-f this Titki�
C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this
Section, a Type I employee housing unit shall be permtted on lots of less than fifteen
thousand 89) fourteen thousand (14,000) square feet in accordance with the
provisions of Chapter 13 of this Title. Any Type I Employee Housing Unit existing on or
before April 18 2000 shall not be eliminated unless all dwelling units are demolished in
which case the zoning on the groperty shall apply. However, an existing Type I
Employee Housing Unit may be replaced with a T e 11 Employee Housin Unit on lots
of 14.000 sq. ft. or greater.
Section 5. Subsection 12- 15- 3(A)(2)(b)(8) is hereby amended to read as follows:
(8) Floor area to be used in a Type III or "Employee Housing Unit (EHU)" as
defined and restricted by Chapter 13 of this Title.
Section 6. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 8. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
Ordinance No, 6, Series of 2000 16
! i •
superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4" day of April, 2000 and a public
hearing for second reading of this Ordinance set for the 18`h day of April, 2000, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
f / T_
Ludwig Kurz, M yor
Aitest:
Lorelei Donaldson, own Clerk
17
Ordinance No, 0, Series of 2000
0 0 0
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this '18" day
of April, 2000.
,�,�t61 "Hfaap.. ff
Ludwig Kurz, or
Attest:
LL6relei Town 'Clerk
Ordinance No. 6, Series of 2000 18
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Warren Campbell
From: susan bristol <susan.bristol @gmail.com>
Sent: Tuesday, November 19, 2013 8:43 PM
To: Warren Campbell
Cc: Idonaldson @vailgov.com
Subject: RE: REQUEST FOR DENSITY AMENDMENT - VIA WILLIAMS FAMILY TRUST
RE: PEC130027
A Vail single - family homeowner since 1972, I would like to weigh in on the above request for a residential
density amendment. I understand that the impetus to the amendment request is a lot in Mill Creek Circle. My
home is on Matterhorn Circle but I believe that the amendment would have far - reaching negative affects
throughout the Town of Vail.
As an example, the Matterhorn neighborhood has traditionally had an abundance of what began as single- family
homes. When I purchased my home in 1972 many of the homes were already rented to large groups of local
workers, creating a density beyond what had been originally envisioned. Were the above amendment to take
effect, the density of the small lots would undoubtedly be doubled, creating parking problems (already existing),
overcrowding (already existing in properties owned by employers like Peter Knobel), and a total change in
the visual character of the entire area.
I believe one of the attractions for visitors and new home buyers in the Town of Vail is the open character of
our valley. People come to breathe, not to be cheek and jowl with others as is the case in so many cities. We
have a jewel. I hope we will not throw away that which is so unique about our neighborhoods for short- sighyed
economic gain, undoubtedly the point of the request for the Mill Creek Circle density amendment.
I will watch carefully the decision of the PEC and the Town Council.
Susan Bristol, Hon AIA
1652 Matterhorn Circle
Box 431/Vail, CO 81658
476 -2608
Warren Campbell
From:
Tiner, Michael L. <mltiner @tanglewoodinv.com>
Sent:
Tuesday, November 19, 2013 11:44 AM
To:
Warren Campbell
Cc:
Tiner, Betti B.
Subject:
Proposed Amendment to Vail Town Code
Dear Mr. Campbell —
I am writing this email in strong opposition to the proposed amendment to Section 12 -6D -8, Density Control, of the Vail
Town Code that I understand is being proposed by the Williams Family Trust (represented by the Devlin Law Group,
LLC). As I understand it, the proposed amendment would strike the requirement that only a single dwelling unit is
permitted to be constructed on lots under 14,000 square feet in area.
My wife, Betti, and I are single family homeowners in Vail in the Vail Golf Course neighborhood. We would strongly
oppose this or any other change in the Vail Town Code which would result in the ability to construct greater density of
housing in our neighborhood than is currently allowed by existing regulations.
My wife and I are unable to attend the Town of Vail Planning and Environmental Commission hearing on this topic that
is scheduled for November 25, 2013 at 1:00 PM in order to voice our opposition in person. However, it is my
understanding that you will ensure that a copy of this correspondence is included in the materials to be considered at
that hearing.
I would appreciate it if you are able to find the time to advise me of the outcome of the hearing with regard to this
matter.
Thanks you for your assistance.
Sincerely,
Michael L. and Betti B. Tiner
1045 Homestake Circle
Vail, Colorado 81657
Cell Phone : 713 - 446 -6369
Warren Campbell
From: jack bergey <jackbergey @yahoo.com>
Sent: Monday, November 18, 2013 4:59 PM
To: Warren Campbell
Subject: Density Control Amendment
Warren,
Thank you for returning my call the other day and discussing the proposed density control amendment. I
would like to recommend striking the requirement existing lots less than 14,000 square feet in area are
permitted only a single family dwelling unit.
The reasons that I feel this change would benefit the community are as follows.
• It would encourage improvements to many currently non - conforming properties.
• Construction projects would help the economy in Vail.
• Updating non - conforming properties would improve parking, snow removal, and water drainage
issues that are related to old, poorly planned and not to current code properties.
• I don't think there will be any additional traffic issues because it is possible that if someone adds an
additional unit it will most likely be used for a second home (vacant most of the time), and it will
conform to current parking requirements.
Thank you for your time.
Jack Bergey
2427 Chamonix Ln #6
303 378 0249
Warren Campbell
From: bing eighthundred <bing800 @yahoo.com>
Sent: Thursday, November 21, 2013 7:32 AM
To: Warren Campbell
Subject: hearing Lot zoning
Warren Campbell
Chief of Planning
Town of Vail,
Vail, Colorado
November 20, 2013
RE: Public Hearing TOV Planning and Environmental Commission Nov 25, 2013.
Dear Mr. Campbell,
I am writing in support of the effort to amend, Vail Town Code Section 12 -6D -8 striking the requirement that
existing lots under 14,000 sf in area are permitted only a single dwelling unit.
Further, I would suggest that TOV Planning consider changing current policy and allow all properties
purchased /built legally before incorporation into the town of Vail, be allowed to revert to their original
number of then legal dwelling units. This would allow current owners to improve and enhance their properties
and the neighborhood without fear of downzoning.
As I recall, it was not mentioned to owners at the time of Incorporation of West Vail into the town of Vail that
the probability of downzoning would occur. Had this been the case, I feel that there would have been
considerable opposition to West Vail becoming part of the town of Vail.
I am the original and current owner of 1828 Alta Circle in Vail. (1977)
Thank you
Dennis Shimon
Box 3643
Vail, Co 81657
402 - 932 -8437 email: vailohmy @gmail.com
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Ad Name: 9731674A PLANNING AND ENVIRONMENTAL
COMMISSION
Customer: TOWN OF VAIL /PLAN DEPT /COMM November 25, COUNCIL A CHAMBERS
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
Your account number is- 1OP2P 33 75S. Frontage Road- Vail, Colorado, 81657
Vail Daily MEMBERS PRESENT MEMBERS ABSENT
20 minutes
1.A request for the review of a conditional use
permit, pursuant to Section 12 -9C -3, Conditional
Uses, Vail Town Code, for a public building and
PROOF OF PUBLICATION grounds, to allow for the construction of a new cov-
ered ticket booth entry at the Lionshead Parking
Structure, located at 350 South Frontage Road
West/ Lot 1, Block 2, Vail Lionshead First Filing,
and setting forth details in regard thereto.
STATE OF COLORADO } (PEC130032)
Applicant: Town of Vail, represented by Tom
el
I SS. Pllanner: Kanner
Joe Batcheller
ACTION:
COUNTY OF EAGLE } MOTION: SECOND:VOTE:
CONDITION(S):
90 minutes
2.A request for a recommendation to the Vail Town
Council for a prescribed regulations amendment,
I Don Rogers, do solemnly wear that I am a fflIualified pursuant to Section 12 -3 -7, Amendment, Vail Town
g Y `1 Code, to amend Section 12 -6D -8, Density Control,
Vail Town Code, to strike the requirement that ex-
representative ofthe Vail Daily. That the same Daily newspaper isting lots under 14,000 square feet in area are
permitted only a single dwelling unit, and setting
printed in whole or in part and published in the County forth details in regard thereto. (PEC130027)
Applicant: Williams Family Trust, represented by
the Devlin Law Group, LLC
of Eagle, State of Colorado, and has a general circulation Planner: Warren Campbell
ACTION:
therein; that said newspaper has been published continuously MOTION: SECOND:VOTE:
30 minutes
and uninterruptedly in said County of Eagle for a period of 3.A request for a recommendation to the Vail Town
Council for a prescribed regulations amendment,
more than fifty -two consecutive weeks next prior to the first pursuant to 12 -3 -7, Amendment, Vail Town Code,
to allow for text amendments to several sections of
publication of the annexed legal notice or advertisement and the Vail Town Code to add provisions regulating
development applications on properties that have a
documented code violation, and setting forth de-
that said newspaper has published requested the requested legOal notice tails in regard thereto. (PEC1 30033)
newspaper Applicant: Town of Vail, represented by Matt Mire
and advertisement as requested. Planner Jonathan Spence
ACTION:
MOTION: SECOND:VOTE:
CONDITION(S):
4.A request for the review of variances from Sec -
The Vail Daily is an accepted legal advertising medium, tion 12 -7D -9 Landscaping and Site Development,
Section 12 -7D -10 Parking and Loading, Section
Y J p g
only for jurisdictions operating under Colorado's Home 14-5 -1, Minimum Standards and Section 14 -5 -2
Other Requirements, Vail Town Code, pursuant to
Chapter 12 -17, Vanances, Vail Town Code, for re-
Rule provision. lief from the minimum landscape requirement, the
parking space dimensional requirement, the snow
storage requirement and to allow parking in the
front setback, to facilitate the construction of a
freestanding building with associated parking, cir-
That the annexed legal notice or advertisement was culation and landscape improvements, located at
2171 North Frontage Road West (McDonald's) /Lot
published in the regular and entire issue of every 2B, Vail Das Schone Filing 3, and setting forth de-
tails in regard thereto. (PEC130018)
Applicant: McDonald's USA, LLC, represented by
number of said daily newspaper for the period of I Robert Palmer
Planner: Jonathan Spence
consecutive insertions; and that the first publication of said ACTION: Table to January 13, 2014
Y MOTION: SECOND:VOTE:
notice was in the issue of said newspaper dated 11/22/2013 and 5.A request for the review of a conditional use
permit, pursuant to Section 12 -7D -2, Conditional
that the last publication of said notice was dated 11/22/2013 in Uses, Vail Town Code, to allow for a drive -up
Y facility, located at 2171 North Frontage Road West
(McDonald's) /Lot 2B, Vail Das Schone Filing 3, and
the Issue of said newspaper. setting forth details in regard thereto. (PEC130014)
Applicant: McDonald's USA, LLC, represented by
Robert Palmer
Planner: Jonathan Spence
Table to Janua
In witness whereof, I have here unto set my hand this day, MOTIION: SECOND VOTE 13, 2014
11/29/2013. 6.A request for the review of a variance from
Section 12- 14 -17, Setback from Watercourse, Vail
Town Code, pursuant to Chapter 12 -17, Vanances,
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
General Man a er/Publisher/Editor Planner: Joe Batcheller
g ACTION: Table to January 13, 2014
Vail Daily MOTION: SECOND:VOTE:
7.A request for a recommendation to the Vail Town
Subscribed and sworn to before me, a notary public in and for Council for a prescribed regulations amendment,
pursuant to 12 -3 -7, Amendment, Vail Town Code,
to amend Section 11- 17 -12, Vehicular Signs, Vail
the County of Eagle, State of Colorado this day 11/29/2013. Town Code, to clarify ambiguous language, and
setting forth details in regard thereto. (PEC130026)
Applicant: Town of Vail
Planner: Jonathan Spence
ACTION: Table to December 16, 2013
MOTION: SECOND:VOTE:
November 11
8.Approval of November 11, 2013 minutes
MOTION: SECOND:VOTE:
9.Information Update
Pamela J. Schultz, Notary Public 10.Adjoumment
/+ 1 1 MOTION: SECOND: VOTE:
My Commission expires. November , 2015 G The applications and information about the propos-
als 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
pRY PU items are approximate, subject to change, and
.•••••••. B� cannot be relied upon to determine at what time the
Planning and Environmental Commission will con -
PAMELA,I. sider an item. Please call (970) 479 -2138 for
additional information. Sign language interpretation
SCHULTZ is available upon request with 24 -hour notification.
tP�:• Please call (970) 479 -2356, Telephone for the
y.• RP8 Hearing Impaired, for information.
Community Development Department
My COmmiss 0n Expires 111012UtS Published November 22, 2013 in the Vail Daily.
9731674)