HomeMy WebLinkAbout2014-0113 PECTOWN OF VAIt f PLANNING AND ENVIRONMENTAL COMMISSION
January 13, 2014 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visit: 45 minutes
1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive
2. Vail Marriott Mountain Resort - 715 West Lionshead Circle
5 minutes
1. A report to the Planning and Environmental Commission on the administrator's approval of an
amendment to an existing conditional use permit and its conditions of approval, pursuant to
Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued temporary
use of the tennis facility for conferences and conventions, located at 1300 Westhaven
Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting
forth details in regard thereto. (PEC130040)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Joe Batcheller
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
20 minutes
2. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town
Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250
South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in
regard thereto. (PEC130043)
Applicant: HCT Development, LLC, represented by TJ Brink
Planner: George Ruther
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
20 minutes
3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a
nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC130041)
Applicant: Williams Family Trust, represented by Devlin Law Group
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
Page 1
15 minutes
4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review
Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located
at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto.
(PEC130038)
Applicant: Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
15 minutes
5. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units
per acre to facilitate the construction of two single - family residences, located at 1183 and 1191
Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto.
(PEC130010)
Applicant: Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
30 minutes
6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major
Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to increase the
number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain
Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042)
Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects
Planner: Jonathan Spence
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
7. 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 February 24, 2014
MOTION: SECOND: VOTE:
8. 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 March 10, 2014
MOTION: SECOND: VOTE:
Page 2
9. 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 March 10, 2014
MOTION: SECOND: VOTE:
10. Approval of December 16, 2013 minutes
MOTION: SECOND: VOTE:
11. Information Update
12. 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
and Environmental Commission will consider an item. Please call (970) 479 -2138 for additional
information. Sign language interpretation is available upon request with 24 -hour notification. Please
call (970) 479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published January 10, 2014 in the Vail Daily.
Page 3
TOWN OF 9VAt
PLANNING AND ENVIRONMENTAL COMMISSION
January 13, 2014 at 1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Michael Kurz
Henry Pratt
Susan Bird
John Rediker
Luke Cartin
Pam Hopkins
MEMBERS ABSENT
Bill Pierce
Site Visit:
1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive
2. Vail Marriott Mountain Resort - 715 West Lionshead Circle
45 minutes
5 minutes
A report to the Planning and Environmental Commission on the administrator's approval of an
amendment to an existing conditional use permit and its conditions of approval, pursuant to
Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the continued temporary
use of the tennis facility for conferences and conventions, located at 1300 Westhaven
Drive /Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting
forth details in regard thereto. (PEC130040)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Joe Batcheller
Joe Batcheller briefed the Commission on the nature of the CUP request and the administrative
approval thereof.
Commissioner Cartin asked if Community Development had received any feedback from
neighboring property owners. Joe Batcheller answered no.
Commissioner Rediker asked if any complaints had been filed since the previous CUP approval.
Joe Batcheller answered no.
There was no motion to call up the administrative approval.
20 minutes
2. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town
Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250
South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in
regard thereto. (PEC130043)
Applicant: HCT Development, LLC, represented by TJ Brink
Planner: George Ruther
ACTION: Approved
MOTION: Kurz SECOND: Rediker VOTE: 6 -0 -0
George Ruther gave a presentation per the staff memorandum.
Commissioner Kurz asked if rockfall hazard mitigation was needed. George Ruther answered no.
Page 1
Commissioner Pratt asked if this would facilitate the sale of said property. George Ruther stated
that would eventually occur.
The applicant had nothing further to add.
There was no public comment.
The Commission had no further comment or questions.
20 minutes
3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a
nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC130041)
Applicant: Williams Family Trust, represented by Devlin Law Group
Planner: Warren Campbell
ACTION: Approved
MOTION: Kurz SECOND: Cartin VOTE: 3 -1 -2 (Rediker opposed, Hopkins and Bird
recused)
Commissioners Bird and Hopkins recused as they had conflicts of interest
Jonathan Spence gave a presentation per the staff memorandum.
Commissioner Kurz asked George Ruther if Community Development is concerned that an
approval would grant a special privilege and how precedence might be set.
George Ruther stated that staff is satisfied if the PEC finds that there is no grant of special
privilege. This is a case by case review and barring no broad reaching statements within the
findings, there would be no precedence.
Dominic Mauriello gave a presentation, speaking to the criteria for approval. He suggests that an
additional finding be made stating the following:
"The variance allows this lot to be a conforming lot with respect to density /lot size and the
variance does not expire, and survives demolition and redevelopment of the property."
Commissioner Kurz inquired as to staff's agreement with the suggested additional finding which
would grant the variance in perpetuity should the existing structure be demolished ?"
George Ruther stated that this request is somewhat unique. The subject at hand is a constraint
resulting from the lot, not the structure. Therefore Community Development is comfortable with
this finding so as not to create confusion in the future should the structure be demolished.
Commissioner Cartin inquired as to whether staff ever recommended a variance with a similar
finding extending conformity beyond the life of the structure. George Ruther explained that this
was not a typical scenario.
Jonathan Spence stated that the proposed finding would give clarity to what can occur on this lot
in the future.
Commissioner Kurz stated that this finding creates a unique approval, yielding to no possible
future precedence.
Page 2
John Rediker stated his opposition because he felt that when zoning regulations change people
find themselves in similar situations that create hardships. Such an approval would create
precedence in his opinion.
15 minutes
4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review
Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located
at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto.
(PEC130038)
Applicant: Todger Anderson, represented by Braun Associates
Planner: Warren Campbell
ACTION: Approved
MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0
Commissioner Pratt explained that items 4 & 5 will be discussed together, but voted upon
separately.
Jonathan Spence gave a presentation per the staff memorandum.
Tom Braun gave a power point presentation.
Commissioner Kurz stated that the request was a good solution to a clear hardship.
Commissioner Rediker agreed there was a clear hardship.
The remaining Commissioners stated there agreement regarding a clear hardship.
There was no public comment.
15 minutes
5. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units
per acre to facilitate the construction of two single - family residences, located at 1183 and 1191
Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto.
(PEC130010)
Applicant: Todger Anderson, represented by Braun Associates
Planner: Warren Campbell
ACTION: Approved
MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0
This item was discussed in conjunction with Item 4 above.
30 minutes
6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major
Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to increase the
number of accommodation units, located at 715 West Lionshead Circle (Vail Marriott Mountain
Resort) /Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC130042)
Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects
Planner: Jonathan Spence
ACTION: Approved
MOTION: Cartin SECOND: Bird VOTE: 5 -0 -1 (Pratt Recused)
CONDITION(S):
1. This exterior alteration or modification approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review application.
Page 3
2. The applicant shall mitigate the impact on employee housing of this development in
accordance with the provisions of Chapter 12 -23, Commercial Linkage, Vail Town Code
prior to the issuance of any building permit.
3. A traffic mitigation fee of $6,500.00 per PM Peak Hour net increase of vehicular trips for
a total traffic mitigation fee of $6,500.00 x 9 = $58,500.00, shall be paid to the Town of
Vail by the applicant prior to issuance of any certificate of occupancy.
Commissioner Pratt recused himself due to a conflict of interest.
Luke Cartin explained he has no conflict of interest.
Jonathan Spence gave a presentation.
Susan Bird asked for clarification on the elevation drawings. Jonathan Spence walked
Commissioner Bird through the plans.
Commissioner Kurz opened up public comments.
Jeff Andrews, representing Vail Spa — "Will the roof height increase at all ?" Jonathan Spence
answered no and explained why.
Jeff Andrews asked if the new northeast unit will expand the current roof form. Jonathan Spence
answered no.
Commissioner Kurz commented the need for this proposal. Luke Cartin agreed.
Jonathan Spence detailed the parking requirement and the existing number of spaces under
control of the Marriott
Michael Kurz asked when the fee -in lieu for commercial linkage was due. Jonathan Spence
explained at the time a building permit application is submitted.
7. 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 February 24, 2014
MOTION: Cartin SECOND: Rediker VOTE: 6-0-0
8. 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 March 10, 2014
Page 4
MOTION: Cartin SECOND: Rediker VOTE: 6-0-0
9. 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 213, 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 March 10, 2014
MOTION: Cartin SECOND: Rediker VOTE: 6-0-0
10. Approval of December 16, 2013 minutes
MOTION: Kurz SECOND: Hopkins
11. Information Update
12. Adjournment
MOTION: Cartin SECOND: Bird
VOTE: 5 -0 -1 (Pratt Recused)
VOTE: 6 -0 -0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. Please call (970) 479 -2138 for additional
information. Sign language interpretation is available upon request with 24 -hour notification. Please
call (970) 479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published January 10, 2014 in the Vail Daily.
Page 5
TOWN OF VAIL �
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: January 13, 2014
Subject: A request for the review of a variance from Section 12 -6E -8, Density Control, Vail
Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for
an increase in dwelling units per acre to facilitate the construction of two single -
family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and
5, Casolar Vail, and setting forth details in regard thereto. (PEC130010)
A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption
Plat Review Procedures, Vail Town Code, to allow for the relocation of an
existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5,
Casolar Vail, and setting forth details in regard thereto. (PEC130038)
Applicant: Todger Anderson, represented by Braun Associates
Planner: Warren Campbell
I. SUMMARY
The applicant, Todger Anderson, represented by Braun Associates, is requesting a
density variance to allow for an increase in the allowable number of dwelling units upon
the Casolar Vail property which is zoned Residential Cluster (RC) district. The
requested variance will allow for two remaining undeveloped platted lots, Lots 4 and 5,
to be developed within Casolar Vail.
An additional application to relocate the boundaries of platted Casolar Vail, Lot 5 has
been submitted to facilitate the development of the lot. The proposed relocation of Lot 5
is necessitated due to the construction of structures within the boundaries of Lot 5 for
the developed adjacent Lot 6
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 these
applications subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Todger Anderson, represented Braun Associates, has submitted two
applications to facilitate development upon Lots 4 and 5 of Casolar Vail which are
currently vacant. Casolar Vail was approved in 1978 with 10 platted lots containing 19
dwelling units (nine (9) two - family duplex structures and one single - family structure).
Pursuant to the development plan approval for Casolar Vail, Lot 4 was identified as
containing a single - family structure of 1,690 square feet of GRFA and Lot 5 was
identified as containing a two - family duplex structure of 3,380 square feet. The total
number of dwelling units and GRFA approved for Lots 4 and 5 were three (3) dwelling
units and 5,070 square feet of GRFA.
As a result of amendments to the density control section of the RC district in 1979
(approximately one (1) year after the development plan approval for Casolar Vail) the
development was rendered nonconforming with regard to the number of allowable
dwelling units permitted. The 1979 RC district amendments changed the calculation of
allowable density from a calculation based upon the total site to a calculation based
upon "buildable area ". As buildable area removes those portions of a site which exceed
40% in slope from the calculation of allowable density, Casolar Vail was impacted due
to portions of the property containing slopes in excess of 40 %. The effect of this
change in density calculation was a reduction in the allowable number of dwelling units
from 19 to 14.
The requested variance proposes to reestablish the ability to develop Lots 4 and 5. The
request proposes to establish the allowable density for Casolar Vail at 18 dwelling units,
with Lots 4 and 5 being permitted a single - family structure on each lot. The request
proposes to split the previously approved GRFA for Lots 4 and 5 at 2,535 square feet
for each lot for a total of 5,070 square feet.
In order to pursue the development of Lot 5, an exemption plat application has been
submitted to relocate Lot 5 by shifting the lot north approximately 20 feet. This proposal
is necessitated by the construction of the driveway access for the duplex structure
currently constructed on the adjacent Lot 6, within the platted boundaries of Lot 5.
A vicinity map (Attachment A), the applicant's written request for the density variance
(Attachment B), the applicant's written request for the exemption plat (Attachment C),
and the proposed amended plat for Lot 5 (Attachment D) are included for review.
III. BACKGROUND
In 1978 the development plan for Casolar Vail was approved by the Town of Vail
pursuant to the RC district. The development plan included 10 platted lots containing
19 dwelling units.
In 1979 zoning code amendments changed the methodology for the calculation of
allowable density within the RC district. The result of this amendment was the reduction
in the number of allowable dwelling units within Casolar Vail from 19 to 14. There are
currently 16 dwelling units constructed within Casolar Vail.
Town of Vail Page 2
As a result of the 2004 GRFA calculation and measurement amendments, a revised
density and GRFA analysis was required of preexisting developments to establish
remaining development potential. This recently completed analysis identified the
nonconformity with regard to density within Casolar Vail.
IV. APPLICABLE PLANNING DOCUMENTS
Chapter 12 -6E: Residential Cluster District (in part)
12 -6E -1: Purpose:
The residential cluster district is intended to provide sites for single- family, two -
family, and multiple- family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with residential occupancy, and to maintain the desirable residential qualities of
the zone district by establishing appropriate site development standards.
12 -6E -8: Density Control:
A. Gross Residential Floor Area: Not more than thirty six (36) 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 not exceed six (6)
dwelling units per acre of buildable site area.
A dwelling unit in a multiple - family building mar include one attached
accommodation unit no larger than one -third ( /3) of the total floor area of the
dwelling.
B. Exemptions: All projects that have received final design review board approval
as of December 19, 1978, shall be exempt from the changes in this section as
long as the project commences within one year from the date of final
approval. If the project is to be developed in stages, each stage shall be
commenced within one year after the completion of the previous stage.
Chapter 12 -17: Variance (in part)
12 -17 -1. Purpose. A. Reasons for Seeking Variance. In order to prevent or to
lessen such practical difficulties and unnecessary physical hardships inconsistent
with the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, street locations or conditions in the immediate vicinity.
Town of Vail Page 3
Cost or inconvenience to the applicant of strict or literal compliance with a
regulation shall not be a reason for granting a variance.
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
gross residential floor area of the enlarged structure does not exceed the
total gross residential floor area of the preexisting nonconforming
structure.
Town of Vail Page 4
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.
Title 13: Subdivision Regulations (in part)
13 -2 -2 DEFINITIONS
EXEMPTION PLAT. The platting of a portion of land or property that does
not fall within the definition of a "subdivision", as contained in this section.
13 -12 -1: EXEMPTION PLAT REVIEW PROCEDURES PURPOSE AND
INTENT:
The purpose of this chapter is to establish criteria and an appropriate
review process whereby the planning and environmental commission may
grant exemptions from the definition of the term "subdivision" for
properties that are determined to fall outside the purpose, purview and
intent of chapters 3 and 4 of this title. This process is intended to allow for
the platting of property where no additional parcels are created and
conformance with applicable provisions of this code has been
demonstrated.
13 -12 -2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS:
"Exemption Plats ", as defined in section 13 -2 -2 of this title, shall be
exempt from requirements related to preliminary plan procedures and
submittals. Exemption plat applicants may be required to submit an
environmental impact report if required by title 12, chapter 12 of this code.
13 -12 -3: PLAT PROCEDURE AND CRITERIA FOR REVIEW:
C. Review And Action On Plat. The planning and environmental
commission shall review the plat and associated materials and shall
approve, approve with modifications or disapprove the plat within twenty
one (21) days of the first public hearing on the exemption plat application
or the exemption plat application will be deemed approved. A longer time
period for rendering a decision may be granted subject to mutual
agreement between the planning and environmental commission and the
applicant. The criteria for reviewing the plat shall be as contained in
section 13 -3 -4 of this title.
Town of Vail Page 5
V. ZONING ANALYSIS
Address: 1141 through 1191 Casolar Del Norte Drive
Legal Description: Lots 1 — 10, Casolar Vail
Zoning: Residential Cluster District
Land Use Plan Designation: Low Density Residential
Current Land Use: Two - family Structures
Geological Hazards: Medium Severity Rockfall
Standard
Allowed /Required
Existing
Proposed
Development Area
139,392 sf (3.2 acre)
no change
no change
Lot Area
2,400 sf
2,400 sf
no change
(each of the 10 lots)
GRFA
37,800 sf
29,950 sf
no change
Density
14 DUs
16 DUs
18 DUs
Setbacks
Front
20 ft
20 ft
no change
Sides /Rear
15 ft/ 15 ft
15 ft
no change
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North: Single- family Residential
South: Multi- family Residential
East: Two - family Residential
West: Multi- family Residential
VII. CRITERIA FOR REVIEW
Variance Review Criteria
Zone District
Single- family District
SDD No. 5, Vail Run Resort/ Simba Run
Low Density Multiple - family District
Residential Cluster District
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The Casolar Vail subdivision was recorded on June 19, 1978, containing 10 residential
lots. The location of Lots 4 and 5 Casolar Vail is at the terminus of Casolar Del Norte
Drive, a private road serving only the Casolar Vail development. Lots 4 and 5 are the
only undeveloped lots within Casolar Vail. The developed lots within Casolar Vail are all
two - family duplex structures. The variance proposal requests that the allowable density
for the structures on Lots 4 and 5 be single - family residences, which is a reduction in
the number of dwelling units included in the approved development plan by one (1).
The proposed allowable GRFA for Lots 4 and 5 will total the 1978 development plan
Town of Vail Page 6
approved GRFA for the lots (5,070 sf). If approved, the structures constructed on Lots 4
and 5 will be of a scale which reflects the current structures in Casolar Vail.
Therefore, Staff believes this proposal will not negatively affect the existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
As previously discussed the development plan for Casolar Vail was approved prior to
the adoption of the current regulations regarding the calculation of density based upor
buildable area and not total lot area. The approved development plan included the
platting of the 10 lots anticipated for future construction. Until recently, when an
analysis was performed to calculate buildable area and measuring the existing GRFA,
development on Lots 4 and 5 was anticipated.
Additionally, there are currently 16 dwelling units constructed within Casolar Vail when
only 14 are permitted. The 16 dwelling units on the site where all constructed prior to
1981. This resulted in an excess of 30 years of time passing before needing to
determine the allowable density and GRFA for the development. This variance will
result in the outcome which was anticipated since 1978 and had construction continued
through the early 1980s all the structures would have been completed and this variance
would not be necessary. This variance request will result in a reduction in the
development plan approved density of 19 to 18 dwelling units (one single - family
structure on each of Lots 4 and 5).
Therefore, Staff believes the proposed relief from the density regulations is necessary
to achieve compatibility and uniformity of treatment among sites in the vicinity and to
attain the objectives of this title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The variance request proposes to reestablish the development potential of two existing
lots with Casolar Vail. The lots are currently undeveloped, however, were anticipated to
be developed. If approved, the variance will permit the construction of a single - family
structure on each of Lots 4 and 5. This construction will affect light and air, distribution
of population, and traffic facilities within Casolar Vail. However, these impacts were
anticipated and addressed in conjunction with the 1978 development plan approval.
The current proposal will reduce the impact of vehicular trips within the Casolar Vail due
to the reduction to one dwelling unit on Lot 5. There is no negative impact to public
facilities and utilities, or public safety as a result of the development of Lots 4 and 5.
Therefore, Staff believes the proposed variance conforms to this criterion.
Town of Vail Page 7
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Exemption Plat Review Criteria
1. The extent to which the proposed subdivision is consistent with all 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
This proposal to relocate the boundaries of Lot 5 is to accommodate future construction
of a structure on the lot which is currently impacted by the driveway access for the
adjacent two - family duplex on Lot 6. It is unknown why or how the driveway access for
the structure on Lot 6 was built within the boundaries of Lot 5. The proposed relocated
building lot will maintain the existing dimensions and area of the current platted lot (40 ft
X 60 ft).
Staff believes the proposal to relocate and reconfigure the building envelope on Lot 5 is
in compliance with this criterion.
2. The extent to which the proposed subdivision complies with all of the
standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations
and other pertinent regulations that the Planning and Environmental Commission
deems applicable; and
The proposal to relocate the boundaries of Lot 5 remains in compliance with the
standards of Title 13, Subdivision Regulations, and Chapter 12 -6E, Residential Cluster,
Vail Town Code. When the Casolar Vail subdivision was initially platted Lot 5 was in full
compliance with the RC district. The current proposal is to change the configuration of
the platted building envelope, while maintaining the current area of the building
envelope, remains in compliance with all applicable standards, such as the 15 -foot side
setback.
Staff believes the proposed amended final plat which proposes to amend the building
envelope for Lot 5 is in compliance with this criterion.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
The proposed amended final plat does not increase the number of lots or configuration
of the existing lots within the Casolar Vail subdivision. Staff believes that the proposed
changes to the building envelope for Lot 5 does not have a negative affect on the
elements listed in this criterion.
Staff believes the amended final plat complies with this criterion.
Town of Vail Page 8
4. The extent of the effects on the future development of the surrounding area;
and
Staff believes this proposal will have no negative effects on the future development of
surrounding areas for reasons stated previously.
Staff believes the amended final plat complies with this criterion.
5. The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public
services, or require duplication or premature extension of public facilities, or
result in a "leapfrog" pattern of development; and
Staff believes this proposal will have no negative effects on the elements identified in
this criterion for reasons stated previously.
Staff believes the amended final plat complies with this criterion.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade under-
sized lines; and
Staff believes this proposal will have no negative effects on the elements identified in
this criterion for reasons stated previously.
Staff believes the amended final plat complies with this criterion.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
Staff believes this proposal will have no negative effects on the elements identified in
this criterion for reasons stated previously.
Staff believes the amended final plat complies with this criterion.
8. The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality,
air quality, noise, vegetation, riparian corridors, hillsides and other desirable
natural features; and
Staff believes this proposal will have no negative effects on the elements identified in
this criterion for reasons stated previously.
Staff believes the amended final plat complies with this criterion.
Town of Vail Page 9
9. Such other factors and criteria as the Commission and /or Council deem
applicable to the proposed subdivision.
VIII. STAFF RECOMMENDATION
Variance
The Community Development Department recommends approval, of a variance from
Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17,
Variances, Vail Town Code, to allow for an increase in dwelling units per acre to
facilitate the construction of two single - family residences, located at 1183 and 1191
Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria outlined in
Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicants'request
for a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant
to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling
units per acre to facilitate the construction of two single- family residences,
located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail,
and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission
makes the following findings:
'Based upon a review of Section Vll of the January 13, 2014 staff memorandum
to the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds.
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the
Residential Cluster District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. This variance is warranted for the following reasons.
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical
Town of Vail Page 10
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance that do not
apply generally to other properties in the Residential Cluster
District.
C. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the Residential District."
Exemption Plat
The Community Development Department recommends that the Planning and
Environmental Commission approves the request for review of a final plat, pursuant to
Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the
relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot
5, Casolar Vail, and setting forth details in regard thereto. This recommendation is
based upon the review of the criteria in Section VII of this memorandum and the
evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this exemption
plat, the Community Development Department recommends the Commission pass the
following motion:
"The Planning and Environmental Commission approves the First Amended
Final Plat, Casolar Vail, Lot 5, Town Of Vail, County of Eagle, State of
Colorado pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail
Town Code, to amend the platted building envelope, located at 1067 Riva Glen
Road /Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto, to
allow for the relocation of an existing platted building lot, located at 1191 Casolar
Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this final plat
amendment request, the Community Development Department recommends the
Commission makes the following findings:
"1. That the amended final plat is in compliance with the criteria listed in
Subsection 13 -3 -4A, Vail Town Code, and
2. That the amended final plat is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the Town, and
3. That the amended final plat is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas, and
Town of Vail Page 11
4. That the amended final plat promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Written Application for the Density Variance dated September 2013
C. Applicant's Written Application for the Subdivision Amendment dated November
2013
D. Draft of the First Amended Final Plat, Casolar Vail, Lot 5, Town Of Vail, County of
Eagle, State of Colorado
Town of Vail Page 12
CASOLAR VAIL
DENSITY VARIANCE APPLICATION
September 2013
The purpose of this report is to provide information on a density variance proposed for
Lots 4 and 5 of Casolar Vail. The following information is provided:
• Summary of request
• Background on Casolar Vail
• Future Development of Lots 4 and 5
• Alternatives to proposed review processes
• Evaluation of variance review criteria
This application has been submitted by Todger Anderson (owner of Lots 4 and 5 of
Casolar Vail) in conjunction with the Casolar Vail Homeowners Association.
Summary of Request
Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. Due to a
number of very unique circumstances (further described below), there is no remaining
development potential necessary to allow for the construction of dwelling units on these
two platted lots.
This variance request to Section 12.6E.8 of the Vail Municipal Code (Density Control
section of Residential Cluster (RC) Zone District) is proposed to re- establish
development potential to allow for the construction of single family dwelling units on
Lots 4 and 5 of Casolar Vail. The diagram below provides a context map for the Casolar
Vail project.
-��
Casolar I'ail Context .flap
Ikw'itn Control V" Iri,tncc Rcquc�'t
Casolar Vail Lots 4 und ;
Background on Casolar Vail
A review of Town of Vail files on Casolar Vail indicates that this project has an extensive
and arguably complex history with respect to zoning and the development review
process. This would appear to in part be due to the fact that zoning and annexation of the
property was done in the late- 1970's; a time when Vail was under intense pressure from
growth and development. In addition, files indicate that this was the first RC project to
be reviewed and approved by the Town and that at that time neither the applicant nor the
Town was prepared for dealing with the nuances of monitoring the development of a
"cluster development" project. The challenges of this project are well- characterized by a
staff memo for a 1981 variance request (for the adjoining Casolar II project) which stated
"the applicant appears to be the innocent third party victim of extensive mis- handling of
the project on the part of Mr. Knox (original developer) " and that "there never was a
clear understanding on the part of staff as to the allocation of GRFA — aggregate or per
unit ".
In 1978 the applicant proposed and the Town approved a plat that created 10 small lots.
A copy of this plat is found on the following page and Lots 4 and 5 are highlighted. Each
of these ten lots are 2400 SF in size and as such none of them meet the minimum lot size
prescribed by the RC Zone District. Given their size, these lots were essentially
"building envelopes ", however, they were platted as fee simply properties and each were
ultimately sold to individual owners with the understanding that they could be developed
within the parameters established by town zoning and the Casolar at Vail CCR's. It was
the intention of the project approvals in 1978 and as established in the Casolar CCR's
that Lot 4 was to be developed with a single family home and Lot 5 was to be developed
with a duplex.
Inherent in the "cluster development" approach to the project was the fact that the
development potential Casolar was to be determined based on the entire project area and
development potential was then to be allocated to individual lots. While the lack of
monitoring of development at Casolar as it occurred over time is an important part of the
history and problems associated with this project, the real issue at hand are the
implications from the 1979 change to the density control section of the RC district which
effectively reduced the allowable development potential after the Casolar plat was
approved by the Town.
The key factors relative to the background of Casolar Vail and the proposed variance
request are:
• The Casolar Vail plat (refer to next page) was approved in February of 1978 and
created 10 fee simple lots with common access and common areas surrounding all
lots. This final plat approval arguably established a "vested right" for the
development of homes on each of these ten lots.
• A total of 19 dwelling units were proposed - the applicants CCR's designated
Lots 1 -3 and 5 -10 as duplex lots and Lot 4 was designated a single family lot.
The 19 units were equal to what the RC zoning allowed at that time (3.2 acre site
at 6 units per acre equals 19 units).
Dknsity Control V 11'IanCC Rcyucst -'
UauAar Aail I ots 4 and
• CCR's established by the applicant established a maximum GRFA of I.690SF per
unit. This SF equates to a total of 32,110 SF, a square footage that was within
what RC zoning would have allowed at that time.
• In January of 1979 the Town modified the Density Control section of the RC
district such that density was based on "buildable acres" of a site, not the gross
acreage of a site. This change meant areas of steep slope did not count towards
density calculations, effectively reducing allowable dwelling units from 19 to 14.
• Between roughly 1979 to 1981 the town approved building permits for duplexes
on eight of the lots comprising 16 total dwelling units. These 16 units exceeded
the 14 units permissible by zoning after the change to density control.
f)cnSiu C011trol V�IFMIICe RCyuc>t
C'awlur A ail Leta d and i
1978 plat for Casolar Fail created ten lots.
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1978 plat for Casolar Fail created ten lots.
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The applicant for the variance request. Todger Anderson. has owned the subject
properties since the early 1990's. A few years ago Mr. Anderson inquired with Town
staff about the development potential of Lots 4 and 5. Mr. Anderson was told that all
allowable GRFA and dwelling units for Casolar had been utilized. In response, the
Homeowners Association commissioned a detailed topographic survey of the property to
determine the project's buildable area. Mr. Anderson then retained Braun Associates,
Inc. to evaluate the project's allowable GRFA dwelling units.
GRFA
Allowable GRFA based on the new site specific topographic survey is 37,800 SF. Based
on square footage calculations of each existing unit the total existing GRFA within the
project is 29,950 SF. As such, based on the CCR square footage maximum of 1,690 SF
(or 5,070 for the three units), sufficient GRFA exists for the future development of Lots 4
and 5. However, Casolar is considered to be non - conforming with respect to density
control because zoning allows for 14 dwelling units and 16 dwelling units currently exist.
This also means there is no development potential available for the development of Lots
4 and 5.
Density — Allowable Dwelling Units
The 1979 change to the density control section of the RC zone district reduced the
allowable number of dwelling units from 19 to 14. Between 1979 and 1981 the Town
approved sixteen dwelling units and as such the existing density is not in conformance
with allowable density. As such there is no remaining development potential for Lots 4
and 5. While changes to development regulations can often affect a property's
development opportunities, in this case the change to density control eliminated all
development rights on these two platted lots.
The variance process was deemed to be the most appropriate and efficient means of
remedying this extremely unique situation.
Future Development of Lots 4 and 5
There is no development proposed at this time on Lots 4 or 5. With approval of this
variance request the development potential of Lots 4 and 5 will be re- established in
accordance with the original intention of the 1978 plat for Casolar. Prior to any
development of these lots, review and approval of the new homes will be required by the
Casolar Del Norte HOA and by the Town of Vail Design Review Board.
It should be noted that while the original plans for Lots 4 and 5 included one single
family residence of 1,690 SF and one duplex of 3,380 SF (for a total of 5,070 SF),
development proposed by the applicant is for single family dwelling units on each lot
with each dwelling unit being allowed up to 2.535 SF of GRFA (splitting the allowable
5,070SF between the two units).
PCIIsIt% Control \ arioncc Ilcyucst
C'asokll A ail Lots 4 mid
Alternatives to Proposed Review Process
The goal of the applicant is to re- establish the development rights for Lots 4 and 5 in
accordance with the original intentions of the Casolar Vail plat. The variance process is
in place. in part to address "exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other properties ". The
situation with Lots 4 and 5 would certainly qualify as an exceptional or extraordinary
circumstance.
Other alternatives considered for resolving this situation included:
• Special Development District
The SDD process could be used to increase allowable development potential at
Casolar Vail. However, given all factors involved this process would be
unnecessarily burdensome.
• Re -zone to Medium Density Residential (MDMF)
Re- zoning to MDMF would allow 9 units per acre and create development
potential for Lots 4 and 5. However, this re- zoning would also increase allowable
GRFA to 44 SF per 100 SF of buildable area, a 22% increase over existing. This
overall increase to development potential would likely create other unintended
consequences.
• Code Amendment
The RC district could be amended in order to allow for more units per acre than
currently provided. This amendment would affect many other properties and as
such was not considered a viable way to address this situation.
The variance process would clearly be the most efficient and appropriate avenue for
resolving this situation.
Evaluation of Variance Review Criteria
Factors to be Considered
The Planning Commission shall consider the following factors with respect to the
requested variance:
The relationship of the requested variance to other existing or potential uses and
structures in the vicinity
Response
The variance request would merely re- establish development rights that were
originally intended for these two lots. The proposed reduction from one single-
t7
fainilv and one duplex to two single - family dwellinus will serve to improve the
relationship with uses and structures in the vicinitv.�
I)cnsit% Control Variancc RcyuC,t
Casolar Vail Lots 4 and
2. The degree to which relief from the strict or literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity. or to attain the objectives of this title
without grant of special privilege.
Response
The degree to which relief from the strict or literal interpretation and enforcement
of a specific regulation is no more than what was intended by the original plans
for Casolar and as reflected in the plat approved by the Town in 1978. In fact, the
applicant has proposed a reduction in density from what was originally planned
for the project. The essence of this request is simply to re- establish development
rights that were originally intended for the project.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Response
Lots 4 and 5 were always intended for residential development. As such no
adverse impacts would be expected on any of the considerations listed above.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Findings
The Planning Commission shall make the following findings before granting a variance:
That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone
district.
Response
Circumstance with the development of Casolar Vail and the change that was made
to the density control section of the PA zone district has eliminated all
development potential for Lots 4 and 5. This limitation is grossly inconsistent
with limitations on other properties in the same zone district and within the same
project. Approval of this variance would re- establish development rights
originally established on Lots 4 and 5 and not be a grant of special privilege.
2. That the granting of the variance will not be detrimental to the public health,
safety. or welfare or materially injurious to properties or improvements in the
vicinity.
Response
I)cnsit C011tt-01 V'ari�tncc IZCyuCt — — —
Ca,olm \ ml Lets 4 any{
Lots 4 and 5 were always intended to be developed with single family and duplex
residences, respectively. As such. to re- establish these rights would not be
detrimental to the considerations listed above.
That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulties or unnecessary physical hardship
inconsistent with the objectives of this title.
Response
The change to density control approved in 1979 effectively removed
development rights established by the Casolar Vail plat that was approved in
1978. The strict and literal enforcement of this regulation creates a very
significant practical difficulty for the owner of Lots 4 and 5.
b. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that does not apply generally to other properties in
the same zone district.
Response
As outlined in the background section of this narrative, there are clearly
exceptional and extraordinary circumstances or conditions applicable to
Casolar Vail generally not found on other properties.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district.
Response
Strict or literal interpretation and enforcement of the specified regulations
would clearly deprive the owner of Lots 4 and 5 privileges enjoyed by the
owners of other properties in the same zone district and the owners of
properties within the same project.
I)CIIVt%- Conu-ol V" 11'iance Raluost
Casolar A'ail Lots 4 mid
CASOLAR VAIL
SUBDIVISION AMENDMENT APPLICATION
November 2013
The purpose of this report is to provide information on a proposed plat amendment to the
Casolar at Vail subdivision. The following information is provided:
• Summary of request
• Background on Casolar Vail
• Proposed Subdivision Amendment
This proposal is a co- application submitted on behalf of Todger Anderson (owner of Lots
4 and 5 of Casolar Vail) and the Casolar Vail Homeowners Association (owner of
common area surrounding Lots 4 and 5).
Summary of Request
Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. At the time
Casolar was platted the development of these lots was to include a single - family home on
Lot 4 and a duplex on Lot 5 (note that a related variance request application would reduce
the development potential to one single- family home on each of these lots. The diagram
below depicts Casolar Vail in the context of the surrounding neighborhood.
Casolar [pail Contest Ilap
Casolar Aail flat :Amuulmcnt
Lot 6 of Casolar is located immediately south of Lot 5. When Lot 6 was developed in the
early 1980's the driveway was constructed with Lot 5. The encroachment of the
driveway and related retaining wall impacts approximately 25% of Lot 5. There is no
indication in either the town's files or the Casolar Association's records as to how this
situation occurred.
The purpose of the plat amendment is to shift Lot 5 to the north in order to eliminate the
encroachment of the driveway and retaining wall.
Background on Casolar Vail
Casolar Vail was zoned and platted in the late- 1970's and town files indicate that this was
the first Residential Cluster project to be reviewed and approved by the Town. The
project created 10 small lots, each 40'x60' feet in size. While having the appearance of a
building envelope, these are fee - simple lots. Land surrounding each lot is common area
owned by the Casolar Homeowners Association. A copy of the original Casolar plat is
provided below, Lots 4 and 5 are highlighted.
F NAL I AT
CA50LAR VAIL
A RESU5UIVISION Of LOTS A-2 a A -9, BLOCK
(.ION'S RICGE SJBOIV1510'J, TO'�YN OF VAIL, EAGLE COUNTY, COLORADO.
Note- Phil arpnmed by Tot +n of Fail Pebruare 2, 1978
1 _ alLr Ro ',GLNEERir `1
/978 plat for Casolar ['nil created ten lots.
Casolar Fail flat :Amendment '—
Proposed Plat Amendment
The propose amendment to the Casolar plat simply shifts Lot 5 to the north in order to
eliminate the Lot 6 driveway encroachment. The extent of the shift is approximately 10'-
20'. Setbacks from the westerly Casolar property line are maintained and the re- located
lot does not impact any existing utility easements. The new lot is approximately 10'
north of the driveway retaining wall. This distance was provided in order to maintain an
adequate separation from the wall and to also maintain a row of trees that have been
planted along the retaining wall.
No changes are proposed to the size of the lot and as such there is no reduction to the
Association's common area.
The sketch below depicts the existing Lot 6 driveway and retaining wall, the existing
location of Lot 5 and the proposed location of Lot 5. Lot 4 remains unchanged.
A copy of the amended plat is found on the following pages.
Casolar Vail Plat AIIICIIC1111� lit
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Proposed lot location per
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plat I_ot mrucr-
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taAed � +th green T posts
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A copy of the amended plat is found on the following pages.
Casolar Vail Plat AIIICIIC1111� lit
Cm^|m Vail Plat \nlcodmmt ^
A-177 60'
LLI
Cm^|m Vail Plat \nlcodmmt ^
11/18/2013
Vail Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, co. 81657
RE: Todger Anderson /Casolar Del Norte Variance Request
To whom it may concern,
This letter is one of support for Mr. Todger Anderson and his request to
change the density variance for lots numbers 4 and 5 in the Casolar Del Norte
Subdivision. The Board of directors of the Casolar Del Norte Homeowners
Association has finished a Special Meeting and has accumulated enough votes to
support a majority of homeowners within the subdivision to empower the board
of directors to sign off this request to allow Mr. Anderson to re -zone his existing
lots with the subdivision. With that said we lend our support to Mr. Anderson and
his representatives to pursue said actions with the Town of Vail and Eagle County.
The variance request re- establishes Mr. Andersons' development potential
of these two lots while keeping the spirit and density of the HOA intact and in the
association's best interest. As president of the Casolar Del Norte Homeowners
Association and with the full support of the majority of our membership we
support Mr. Anderson's request for a re -zone of the two last remaining
undeveloped lots in our HOA and ask that the Planning and Environmental
Commission support this request as well.
Please feel free to contact me with any questions or concerns,
Kenneth O. Friedman, President
Casolar Del Norte Homeowners Association
1150B Sandstone Drive
Vail, co. 81657
970 - 476 -0388
970 - 390 -8381
kfriedman@ssv.net
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TOWN OF
VAIL
75 South Frontage Road West Community development Department
Vail, Colorado 81657 970.479.2138
vailgov.com 970.479.2452 fax
December 27, 2013
Town of Vail Planning and Environmental Commission and Adjacent Property Owners
Re: A report to the Planning and Environmental Commission on the
administrator's approval of an amendment to an existing temporary conditional
use permit and its conditions of approval, pursuant to Section 12- 16 -10,
Amendment Procedures, Vail Town Code, to allow for the continued use of the
tennis facility for conferences and conventions, located at 1300 Westhaven
Drive /Cascade Village (Special Development District No. 4, Cascade Village,
Area A), and setting forth details in regard thereto. (PEC130040)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Joe Batcheller
Dear Planning and Environmental Commission members and adjacent property owners:
The purpose of this letter is to inform you that the Town of Vail Staff has approved an
amendment to an existing conditional use permit and its conditions of approval for Vail
Cascade Resort and Spa's continued use of the tennis facility for conferences and
conventions located at 1300 Westhaven Drive /Cascade Village (Special Development
District No. 4, Cascade Village, Area A). Staff's approval removes the previous
condition for expiration after a five year period, as this condition set a timeframe for a
trial period. The Vail Cascade Resort and Spa has proven to operate conferences and
conventions in a manner as intended and therefore the periodic review of future
amendments is not deemed necessary by staff. The conditional use permit for the use
of the tennis facility for conferences and conventions was conditionally approved on
December 10, 2007, with an expiration of December 31, 2013. Staff's approval includes
the following conditions:
1. Prior to the applicant's use of the tennis facility for any conference or convention
event, the applicant must obtain Town of Vail Police and Public Works
Department approval of a "parking management plan ". This parking management
plan is only to be implemented on short term, temporary basis and must address
all operational issues, such as traffic and pedestrian safety, snow maintenance,
1
enforcement, duration, etc. This management plan shall also prioritize parking
locations associated with this conditional use permit as follows:
a. Existing Cascade Village Parking Structure; then,
b. Lionshead Parking Structure with shuttle service provided by the
applicant; then,
c. North side of the South Frontage Road only adjacent to the Cascade
Resort and Spa building between the south guardrail and the Westhaven
intersection.
2. Prior to the applicant's use of the tennis facility for any conference or convention
event, the applicant must obtain Town of Vail Fire Department "pre- approval" of
the conference or convention venue.
3. Should any conference or convention involving attendees who are not the
exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must
obtain Town of Vail approval of a parking and shuttle plan prior to the use of the
tennis facility for that conference or convention event.
4. The applicant shall submit a report of upcoming conferences to the Town of Vail
Staff on an annual basis
The Town of Vail Staff has determined that this amendment to the approved conditional
use permit for the use of the tennis facility for conferences and conventions meets the
review criteria prescribed by Section 12- 16 -10, Amendment Procedures, Vail Town
Code. This administrative approval of a conditional use permit amendment will be
reported to the Town of Vail Planning and Environmental Commission at its Monday,
January 13, 2014, public hearing at 1:00 p.m. in the Vail Town Council Chambers,
located at 75 South Frontage Road West. The Planning and Environmental Commission
reserves the right to "call up" this administrative action for additional review at this
hearing. This administrative action may also be appealed by any adjacent property
owners, any aggrieved or adversely affected person, or the Vail Town Council as
outlined in Section 12 -3 -3, Appeals, Vail Town Code.
Please feel free to contact me should you have further questions. I can be reached by
phone at 970 - 479 -2440 or by email at jbatcheller @vailgov.com.
Sincerely,
Joe Batcheller
Planner
Town of Vail
z
TOWN OF VAIL �
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: January 13, 2014
Subject: A request for the review of a variance from Section 12 -6D -8, Density Control, Vail
Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for
two dwelling units on a nonconforming lot, located at 302 Mill Creek Circle /Lot 7,
Block 1, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC130041)
Applicant: Williams Family Trust, represented by the Mauriello Planning Group
and Devlin Law Group, LLC
Planner: Warren Campbell
I. SUMMARY
The applicant, Williams Family Trust, represented by the Mauriello Planning Group and
the Devlin Law Group, is requesting a density variance to allow for two dwelling units on
a lot less than 14,000 square feet, within the Two - Family Primary/Secondary (PS)
district. 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 approve this
application subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a density variance to allow for two dwelling units on a lot
less than 14,000 square feet in the PS district. Within the PS district lots less than
14,000 square feet are permitted only a single dwelling unit per lot. There are currently
two dwelling units on the applicant's lot which measures 12,763 square feet.
As there are two dwelling units on a lot which is limited to one dwelling unit, the lot is
considered nonconforming with regard to the structure and site improvements. As the
lot 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. The applicant is requesting the variance to pursue
additions on an existing two dwelling unit structure on a lot less than 14,000 square feet.
The applicant's written request (Attachment A) highlights the history of the PS district
through the implementation of zoning and subsequent amendments. Through the
adoption of zoning in the Town of Vail and subsequent amendments, the property is
restricted to a single dwelling and employee housing unit (EHU).
III. BACKGROUND
The lot at 302 Mill Creek Circle was platted in 1962. The current two- family structure
was built in 1963, prior to the incorporation of the Town of Vail and adoption of zoning
regulations. The size of the lot is 12,763 square feet. As shown in the following list the
minimum required lot size and allowable number of dwellings units has changed
multiple times.
• Ordinance No. 7, Series of 1969, adopted comprehensive zoning regulations for
the Town of Vail. The subject property was zoned residential and a minimum lot
size of 10,000 square feet was established.
• Ordinance No. 8, Series of 1973, established the two - family residential zone
district which was applied to the subject property. The two - family district
established a minimum lot size of 15,000 square feet and permitted two dwelling
units.
• Ordinance No. 30, Series of 1977, established the PS district which was applied
to the subject property. The two - family primary/secondary district established
15,000 square feet as the minimum lot size and permitted two dwelling units.
• Ordinance No. 22, Series of 1979, amended the PS district to restrict lots less
than 15,000 square feet to a single dwelling unit. This ordinance introduced
employee housing which was permitted as a second dwelling unit on properties
less than 15,000 square feet. This ordinance rendered the subject property
nonconforming with regard to the two existing dwelling units on the lot.
Ordinance No. 6, Series of 2000, reduced the minimum required lot size for
allowing two dwelling units in the PS from 15,000 to 14,000 square feet.
On November 25, 2013 PEC voted 4 -0 -2 to recommend denial of a request for a
recommendation to the Vail Town Council for a prescribed regulations amendment, to
amend Section 12 -6D -8, Density Control, Vail Town Code, of the PS district to strike the
requirement that existing lots with less than under 14,000 square feet are permitted only
a single dwelling unit.
IV. APPLICABLE PLANNING DOCUMENTS
Chapter 12 -6D: Two - Family Primary /Secondary District (in part)
Town of Vail Page 2
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.
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 -17: Variance (in part)
12 -17 -1. Purpose. A. Reasons for Seeking Variance. In order to prevent or to
lessen such practical difficulties and unnecessary physical hardships inconsistent
with the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, street locations or conditions in the immediate vicinity.
Cost or inconvenience to the applicant of strict or literal compliance with a
regulation shall not be a reason for granting a variance.
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
Town of Vail Page 3
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
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
Town of Vail Page 4
existing off street parking and loading facilities and the standards
prescribed by this title shall not be increased.
V. ZONING ANALYSIS
Address: 302 Mill Creek Circle
Legal Description: Lot 7, Block 1, Vail Village Filing 1
Zoning: Two - family Primary/Secondary Residential District
Land Use Plan Designation: Low Density Residential
Current Land Use: Two Family Residential Structure
Geological Hazards: None
Lot size: 0.293 acre / 12,762 sf
Standard
Allowed /Required
Existing
Permitted
(if approved)
Density:
DUs
1 DU and 1 EHU
2 DUs*
2 DUs
GRFA
5,649 sf
4,228 sf
5,648
Building Height
33 ft
22 ft
33 ft
Site Coverage 2,552.6 sf (20 %)
Landscape Area 7,657(60%)
3,191 sf (25 %) ** 2,552.6 sf (20 %)
7,961 sf (62 %) 7,657(60%)
Parking:
East 2 spaces 2 enclosed 3 spaces
West 3 spaces 3 surface 3 spaces
Setbacks:
Front 20 ft 24 ft 20 ft
Rear 15 ft 15 ft 15 ft
Sides 15ft /15ft 29 ft/31.5 ft 15 ft /15 ft
*The site is nonconforming with regarding to density, dwelling units. If this variance
were approved it would be no longer nonconforming with regard to density, dwelling
units.
* *The site is nonconforming with regard to site coverage.
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North: Open Space
South: Single- family Residential
Zone District
Agriculture and Open Space District
Two - family Primary/secondary District
Town of Vail Page 5
East: Single- family Residential Two - family Primary/secondary District
West: Single- family Residential Two - family Primary/secondary District
VII. CRITERIA FOR REVIEW
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The subject property, Lot 7, is located within a residential development bordered on the
south, east and west by single family homes and on the north by Vail Corporation
owned platted open space. This request for a variance, if approved, would result in the
lot becoming conforming and therefore the two existing dwelling units could be
expanded pursuant to the requirements of the zone district. There is approximately
1,421 square feet of GRFA unused on the lot. If this GRFA were to be added to the
units on Lot 7, the resulting bulk, mass, and height would be comparable and in
proportion (allowable development based on lot size) to the surrounding properties as
each lot in the vicinity shares the same zoning. The two distinctions would be that the
allowable GRFA for Lot 7 will be split 60/40, pursuant to the zone district, verses all of it
being incorporated into a single - family structure on the lots within this neighborhood and
required parking for the two dwelling units would be greater than a single dwelling unit
by one (1) space. Any future use of remaining development potential will be required to
comply with setbacks, height, landscape area, and parking. It should be noted that the
existing structure on Lot 7 is nonconforming with regard to site coverage. The site
coverage of the subject property will not be permitted to be expanded pursuant to
Chapter 12 -18, Nonconforming Sites, Uses, Structures and Site Improvements, Vail
Town Code.
Therefore, Staff believes this proposal will not negatively affect the existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
The following is an analysis of properties zoned Two - Family Primary/Secondary (PS)
district and Two - Family district (R). This analysis was performed in order to determine
the existing number of properties within the PS and R districts with nonconforming
densities on lots less than 14,000 square feet. Staff's conclusion was that there are
small number of properties in these two closely related zone districts which have a
scenario matching that of subject property, making them uncommon.
• 716 lots are zoned PS district and 303 lots are zoned R district.
• 299 or 29.3% of the lots zoned PS and R district are less than 14,000 square
feet.
Town of Vail Page 6
62 or 6.1 % of the lots zoned PS and R district measuring less than 14,000
square feet have more than one dwelling unit on the property making them
nonconforming.
A minimum of 4 of the 62 or 6.5% of the nonconforming lots with regard to lot
size and density zoned PS and R district have been granted variances for density
to allow for GRFA additions. See applicant's written application for specific
properties (Attachment A).
The subject lot was constructed prior to the incorporation of the Town of Vail and prior
to the adoption of zoning regulations. It was initially constructed with two dwelling units
and the lot size has remained 12,762 square feet since it was initially platted. The
adoption and amendments to the zoning code have resulted in the subject property
becoming nonconforming. As the structure and site improvements were in place prior
to the current regulations, staff believes a hardship has been created which treats this
lot differently than other lots within the PS district. A request for a variance to a
development requirement such as setbacks, site coverage, height, landscape area, or
parking in a scenario where there are two dwelling units on a lot less than 14,000
square feet would not be supported by staff due to the impacts that would result from
the approval of one of these requests. A similar finding was made in the four (4)
approved density variances elaborated upon in the applicant's written application.
Therefore, Staff believes the proposed relief from the density regulations is necessary
to achieve compatibility and uniformity of treatment among sites in the vicinity and to
attain the objectives of this title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The proposed variance, if approved, will allow for the construction of the remaining
1,421 square feet of GRFA on the lot. As was previously noted the structure currently
exceeds site coverage. As the site coverage of the home cannot be expanded as a
result of any proposed addition the unused GRFA will need to be constructed above or
beneath the current structure. There is remaining allowable height which would permit
the addition of a new floor to the structure. Any addition to the height of the structure
will impact light and air upon the lot, however, this impact is no greater than that which
is permitted on all lots zoned PS district. The construction of the unused GRFA will not
will not alter population; will not affect any existing transportation or traffic facilities,
public facilities, or utilities; and will not affect public safety in comparison to existing
conditions. Therefore, Staff believes the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Town of Vail Page 7
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, of a variance from
Section 12 -6D -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17,
Variances, Vail Town Code, to allow for two dwelling units on a nonconforming lot,
located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth
details in regard thereto. This recommendation is based upon the review of the criteria
outlined in Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicants'request
for a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursuant
to Chapter 12 -17, Variances, Vail Town Code, to allow for two dwelling units on a
nonconforming lot, located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village
Filing 1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission
makes the following findings:
'Based upon a review of Section Vll of the January 13, 2014 staff memorandum
to the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds.
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -
family Primary /Secondary District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. This variance is warranted for the following reasons.
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance that do not
apply generally to other properties in the Two - family
Primary /secondary District.
Town of Vail Page 8
C. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the Two - Family Primary /Secondary
District. "
IX. ATTACHMENTS
A. Applicant written request dated December 16, 2013
B. Vicinity Map
Town of Vail Page 9
Williams Family
Duplex
DensityVariance
Date Submitted: December 16, 2013
DEVLIN LAW GROUP, LLC
No
DENVER / VAIL
Location:
302 Mill Creek Circle
Lot 7, Block (,Vail Village I st Filing
Parcel: 2101-082-49-011
u
Mauriello Planning rout
Table of Contents
Introduction and Request
Background and Justification
Zoning Analysis
Criteria for Review
Conclusion
Adjacent Properties
Appendix A: Background and History
3
4
6
7
9
10
11
2
Introduction and Request
The Williams Family Trust I & Williams Family Trust II (collectively, the "Trusts "), represented by
Mauriello Planning Group and Devlin Law Group, LLC, are requesting a density variance for the
property located at 302 Mill Creek Circle / Lot 7, Block I, Vail Village First Filing (Parcel:
2101-082-49-011). The property is zoned Two - Family Primary /Secondary Residential. However, the
property is currently considered non - conforming with regard to density. Specifically, the property
contains two dwelling units, while the number of units allowed on the property is limited to one single
family dwelling based on changes to Vail's zoning regulations amended over the past 40+ years. The
variance request is to allow the property to be considered conforming and therefore treated as a
14,000 sq. ft. lot for zoning regulation purposes, which would permit two dwelling units on this
property as currently exists today (as has since both units were constructed in 1963).
The applicants are requesting a variance from the following section of the Vail Town Code:
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.
3
Background and Justification
The Williams Family duplex was originally constructed in 1963. The property has been owned by the
Williams Family since 1968, during which time two dwelling units have always existed on the site. The
home was constructed as a duplex as was permitted under the original 1962 recorded covenants for
Vail Village First Filing, which allowed all lots, including the subject lot, to be developed with a duplex.
These 1962 covenants were especially important at the time, as the Town had not yet been
incorporated, and Vail Associates and residential property owners in Vail Village First Filing relied upon
the covenants to provide land use guidance. Vail Village First Filing was platted under Eagle County
jurisdiction in 1962, as the Town of Vail was not incorporated until 1966. The Town first adopted zoning
regulations in 1969. (Please refer to Appendix A, which provides a detailed history of the evolution of
Vail's zoning regulations with respect to employee housing and the resultant impacts on the property.)
For the next ten years, the zoning regulations applicable to the subject property permitted two
dwelling units to be developed and occupied (and /or rented) by the applicant owners. However, in
1979, the Town of Vail revised the density requirements of the Two - Family Primary /Secondary Zone
District, limiting the number of dwelling units on lots less than 15,000 sq. ft. to only one (1) unit and in
effect taking away a development right that had existed since 1962. Currently, on lots less than 14,000
sq. ft., as is the subject property, a second dwelling unit is permitted, but only as a deed - restricted Type I
EHU.
As a result, the Williams Family duplex is now considered non - conforming by the Town with respect to
density, since there are two legally established units on the property and neither is deed restricted for
employee housing. Under the Town's current P/S density regulations, no GRFA can be added to the
property without the recording of a Type I Employee Housing Unit deed restriction, which would
render one of the units unable to be occupied by the beneficiaries of the Trusts, as they are not
currently full time Eagle County residents or employees.
In 2000, the Town of Vail amended the minimum lot area required for two units on Two - Family Primary/
Secondary zoned lots, from 15,000 sq. ft. down to 14,000 sq. ft. At that time, there was discussion by
then PEC about perhaps amending the non - conforming chapter of the Vail Town Code. However,
recognizing that the issue of non - conforming uses was difficult to comprehensively regulate, the
Planning and Environmental Commission instead directed that lots under 14,000 sq. ft. with two
existing dwelling units should apply for a density variance to seek relief from the requirement to
deed restrict one of the units and add GRFA. The associated Community Development staff memo
states:
"The PEC gave staff the direction not to propose code changes to solve this ownership issue,
but rather for staff and the PEC to recognize this ownership as a form of hardship for the
purpose of considering density variances. This would allow GRFA expansions to these dwelling
units without requiring that one dwelling unit be deed restricted as a Type I EHU. Staff will
immediately implement this policy directive."
The applicant owners would like to be able to utilize the current P/S GRFA regulations just like their
neighbors. Note that with the more recent amendments to GRFA regulations, the Town also removed
the ability for non - conforming units (with regard to density) to utilize a "250 addition" in the P/S zone
4
district. As a result, neither of the the applicants' two units are able to add any GRFA without placing a
deed restriction on one of the units.
The applicant is therefore requesting that the subject property (Lot 7) be considered a
conforming lot with respect to density control.
Please refer to AppendixA of this submittal for a detailed history regarding the adoption ofVail's zoning
regulations with respect to employee housing deed restriction requirements on P/S lots less than
14,000 sq. ft.
5
Zoning Analysis
Location: 302 Mill Creek Circle / Lot 7, Block I ,Vail Village I st Filing
Zoning: Two - Family Primary /Secondary
Lot Size: 0.293 acres / 12,763 sq. ft.
Zoning Regulation
Allowed
Existing
Density
I dwelling unit
2 dwelling units
EHU
I Type I EHU
none
GRFA
4,227 sq. ft.*
4,227 sq. ft.
*Because the Williams Family Duplex is non - conforming with regards to density, no additional GRFA
beyond what exists on -site today can be added to the property.
Below we have provided a Zoning Analysis for the Williams Family duplex under three circumstances.
The first is the development potential of the site under the current regulations with NO EHU. The
second is the development potential of the site under current regulations with ONE TYPE I EHU. The
third is the development potential of the site under current regulations with the proposed variance.
Zoning Regulation
NO EHU
WITH TYPE 1
WITH DENSITY
EHU
VARIANCE
Density
I dwelling unit
I dwelling unit plus 1
2 dwelling units
EHU
GRFA
5,649 sq. ft.
5,649 sq. ft. plus 550 sq.
5,649 sq. ft.
ft. for EHU = 6,199 sq.
ft.
Garage Credit
600 sq. ft.
1,200 sq. ft.
1,200 sq. ft.
Site Coverage
20% / 2,552 sq. ft.
25% / 3,190 sq. ft.
20% / 2,552 sq. ft.
Landscape Area (min)
60% / 7,658 sq. ft.
55% / 7,019 sq. ft.
60% / 7,658 sq. ft.
The analysis above is instructive, as it clearly demonstrates that there would be no negative impact to
the subject property's adjacent neighbors (or the neighborhood in general) if this variance request is
approved. For example, whether a "local" person or a non -local person occupy the second dwelling
unit on the property, the impacts (e.g., traffic, bulk and mass) are relatively the same. In fact, in the
above scenario with aType I EHU, a proposed structure on the subject property could exceed the site
coverage and GRFA allowed to be developed on the property by a conforming residential duplex
without an EHU deed restriction.
Criteria for Review
Section 12 -17 -6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for
a variance. These criteria, along with an analysis, are provided below:
The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Applicant Response: Because the standards of the Two - Family Primary /Secondary zone district,
other than density, are applicable whether the development is a single family or duplex, there is
little impact to other structures in the vicinity (other than a 600 sq. ft. garage allowance). As the
Zoning Analysis above indicates, the development of one dwelling unit and a Type I EHU actually
has greater impact on surrounding properties than would development with the proposed
density variance. To summarize, one dwelling unit and a Type I EHU is permitted an additional
550 sq. ft. of GRFA, along with an additional 638 sq. ft. of site coverage and reduction of 638 sq.
ft. of landscape area, over what would be allowed with the proposed density variance. As a
result, the granting of this variance actually results in less development potential and therefore
less impacts than the additional development potential granted with aType I EHU.
The surrounding properties, like the Williams Family Duplex, are zoned Two - Family Primary/
Secondary with similar development potential as the William Family Duplex according to their
respective lot size. In Block I of this subdivision, there is a rather random pattern of lots
allowed to be developed with duplexes and those which are non - conforming, which shows how
indiscriminate the Town's blanket application of the 1979 zoning change was on the
neighborhood.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity, or to attain the objectives of this title without grant of special
privilege.
Applicant Response: Similar variances have been granted in the past with similar (almost
identical) circumstances. A summary of a few examples have been provided below:
Hans and Mia Vlaar Residence located at 2963 Bellflower: In this case, the Vlaars owned
both halves of a duplex which was originally constructed in 1976. Upon purchasing the
entire duplex in 1990, they wished to do an addition to the duplex, but did not want to deed
restrict one of the units. As a result, they requested a density variance to allow them to add
GRFA to each of the units, without deed restricting either one. Staff recommended
approval and the Planning and Environmental Commission approved the density variance.
The staff memo specifically stated:
"Because the building was constructed as a two family residence prior to the Town's regulations
pertaining to lots less than 15,000 square feet, staff believes that it is reasonable to allow the
structure to maintain its original development potential. The zoning established to restrict a
secondary unit on a lot of less than 15,000 square feet was adopted after the structure was
legally constructed and subdivided and creates a hardship for the property..."
7
This statement of the staff's opinion in 1990 and the subsequent approval of the variance by the
PEC, clearly sets a precedent and policy for the review and approval of similar variance and is
clearly instructive to the proposed variance.
2. Bryan and Sally Hobbs Residence located at 2129 Kel -Gar Lane: In this 1993 case, the
Hobbs were proposing an addition to the west side of an existing duplex. This required a
density variance because the property was non - conforming with regard to density (number
of dwelling units) as the property was only 12,854 sq. ft. (nearly identical lot area to the
subject property). Staff recommended approval of the density variance and Planning and
Environmental Commission approved the variance. In this case, the staff memo states:
"Staff believes that the history of this site makes it unique from other properties less than
15,000 sq. ft. of lot area. Because the structure was constructed as a two family residence prior
to the Town's regulations pertaining to lots less than 15,000 square feet, staff believes that it is
reasonable to allow the structure to maintain its original development potential. The zoning
establishing the restrictive unit requirement was adopted after the structure was approved by
the Town and creates a hardship for the property..."
3. Broughton and Shanely Duplex located at 864 Spruce Court: In this 1992 case, the Shanleys
and the Broughtons requested a density variance to allow for an addition to a duplex on a
lot of only 12,354 sq. ft. Staff recommended approval of the density variance and the
Planning and Environmental Commission approved the variance. The staff memo, similar to
the previous two, states:
"Staff believes that the history of this site and through documentation of approvals for the two
units make the site unique from other lots with less than 15,000 square feet. Because the
structure was constructed as a two - family residence prior to any Town regulations pertaining to
lots less than 15,000 square feet, staff believes that it is reasonable to allow the structure to
maintain its original development potential. The zoning establishing the restricted unit
requirement was adopted after the structure was legally constructed and creates a hardship for
the property..."
4. Hamner Residence located at 2854 Snowberry Drive: In this 1993 example, the Hamners
requested a density variance to allow for an addition to the western half of the duplex. The
duplex was nonconforming with regard to density, as two dwelling units existing on the site
on a lot of only 13,370 sq. ft. Staff recommended approval of the density variance and the
Planning and Environmental Commission approved the variance. In supporting the density
variance, the staff memo states:
"The site has sufficient GRFA to allow for an addition to the building with exceeding the
allowable GRFA on the site. The density variance is necessary only because the existing
development exceeds the allowable dwelling unit count for the lot. Because the building was
constructed as a two family residence prior to the Town's regulations pertaining to lots less than
15,000 square feet in size, staff believes that it is reasonable to allow the structure to maintain
its original development potential. The zoning established to restrict a secondary unit on a lot
less than 15,000 square feet was adopted after the structure was legally constructed and the
0
lot was subdivided, which creates a hardship for the property and causes a practical difficulty
warranting the requested density variance."
These four examples of density variances have nearly identical circumstances to the Williams
Family duplex. The duplex was legally constructed in 1968. The Zoning Regulations were
subsequently amended in 1979, rendering the property non - conforming with regards to density.
As such, no additions could be made to the property that would increase the GRFA beyond
what existed at that time. The Town of Vail has consistently identified this as a non -self
imposed hardship, and that a variance could be approved without a grant of special
privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Applicant Response: The proposed density variance has no effect on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and public safety. The
development potential of the site (GRFA and site coverage) is actually reduced with the
requested density variance, with the only difference for the site is that the second unit would
have aType I deed - restriction recorded against it.
Conclusion
It is clear from the unique circumstances and legislative history pertaining to the subject property that
there exists a non -self imposed hardship based on the annexation of the lot to the Town of Vail, as well
as the adoption and changes to the Town's zoning regulations, which rendered this property "non-
conforming". As explained above, there is clear precedence established by the Planning and
Environmental Commission that properties with similar circumstances have been afforded relief from
the minimum lot size requirement which otherwise makes these properties non - conforming with
respect to density. The applicant requests that this hardship be recognized and that variance be
approved allowing the subject property to be considered a conforming lot for the purpose of density
control now.
9
Adjacent Properties
VAIL CORP
THE FIXED ASSETS DEPARTMENT
390 INTERLOCKEN CRES STE 1000
BROOMFIELD, CO 80021 -8056
CHINA BOWL LODGE LLC
633 SEVENTEENTH ST STE 3000
DENVER, CO 80202
GAUGHAN, MICHAEL & MARTHA PAULA
3071 ARABIAN RD
LAS VEGAS, NV 89107 -4540
KNOBEL, PETER B. & PATRICE J.
392 MILL CREEK CIR
VAIL, CO 81657-5168
CAULKINSVAIL LLC
ROBERT J. SWIFT JR SVP
1600 BROADWAY
DENVER, CO 80202
MILL CREEK PROPERTY LLC
KEVIN VOLLMER
5310 WARD RD STE G07
ARVADA, CO 80002 -1829
RAMS -HORN LODGE CONDOMINIUM ASSOCIATION, INC.
DIANE MILLIGAN
416VAILVALLEY DR
VAIL, CO 81657
10
Appendix A: Background and History
11
DEVLIN LAW GROUP, LLC
DENVER / VAIL
December 16, 2013
Town of Vail
Community Development Department
Planning & Environmental Commission
75 South Frontage Road West
Vail, Colorado 81657
Re: Request for Density Variance for 302 Mill Creek Circle / Lot 7, Block 1, Vail Village
1st Filing
Dear Planning & Environmental Commission:
This letter has been prepared to supplement the applicant's request for a density variance
from the Town of Vail Zoning Code, § 12 -6D -8: Density Control, in the Primary /Secondary (P /S)
Zoning District
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. "1
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
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:
I See The Vail Business Journal, Vail's 50th: A Conversation with Rod Slifer, by David O. Williams,
December 13, 2012.
2 Protective Covenants, Vail Village First Filing, Eagle County Colorado, recorded August 10,1962, at
Book 174, Page 179.
DEVLIN LAW GROUP, LLC
201 Columbine Street, Suite #300 Denver, Colorado 80206
Office: (303) 780 -4947; Mobile: (303) 358 -0742
Email: tdevlin&clevlawgroup.com
Town of Vail
December 16, 2013
Page #2
ohm landu in VAI V l lug t r 2isu t Alin,, u hS l l
.i toad LQ%1 tr:i follcuLml purg8ueu
t . _ _ L.,tn i r_ rUcx2Kn 1 anI 7 r haLL Ya un cd only
rtii' 14.7!.8
r Ga =r. LO COr.ta4.n npt mvio_e th4rr, Wq rnFsFarn
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 hire .5 [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
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
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 I I., Section 1(a).
6 See Footnote 2 above.
Town of Vail
December 16, 2013
Page #3
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. .. "I 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."
Section 3.500 Development Standards
3.501 Lot Area and Site Dimensions. The minimum lot or site area shall be
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
December 16, 2013
Page #4
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. 13
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.
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
not exceed one -third of the allowable total gross residential floor area (GRFA). "19 [Emphasis
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.
19 Ordinance No.
30, Series of 1977, Section 2, §18.13.080, Density Control.
Town of Vail
December 16, 2013
Page #5
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.
Ordinance No. 12. Series of 1978.
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
be permitted on each site, with only one dwelling unit permitted on
lots less than 15,000 square feet.... No two family residential lot
20 Ordinance No. 12, Series of 1978, Section 2, Section 18.13.080, Density Control.
Town of Vail
December 16, 2013
Page #6
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
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
portion of the Density Control Section of the Two Family Primary/
Secondary Residential District; and
21 Ordinance No. 22, Series of 1979, Introductory Recitals, and Section 1, §18.13.080, Density Control.
Town of Vail
December 16, 2013
Page #7
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, 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]
Ordinance No. 22. Series of 1981.
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
December 16, 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
IO.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 GoreValley, 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
December 16, 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 (198 1)
regarding the increase in the permitted size and design of the primary /secondary structures:
18.13.08013 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.]
Ordinance No. 23. Series of 1986.
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
December 16, 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. 1130
Ordinance No. 37. Series of 1990.
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
December 16, 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... 1134 Some of the "incentives" that were included can be seen the following table:
12 -13 -4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (El TYPE: G7
EHU
7anlrg Ghtrk:ts
Perm bled By Rlpht
Owrershlp+
Trarefereree
Addhlarel
GRFA
A R�duceC
Le ntlscepe Area
CreditSturege
Requlmm
Parhlrg
NGRFA
OIM EHU
�erehy
Type I
Primaryfsecondary
The EH may be sold or
The EHU is
Site Coverage:
Allowed 300 sq, ft. cf garage area per
Per chapter 1 C of this title as
Na
The EHU is
residential,
transferred separately
entitled tc an
The site is entitled tc
enclosed vehicle space at a maximum
adwelling unit
allowed as
Two - family residential
additional
an additional 5% of
of2 parking spaces (800 K. ft.).
a. nd
550s4.1.
sitecoverageforthe
unit on the
(Gnlyon lots less than
GRFA
EHU.
All units net constructed with a garage
property,
14,000 sq. ft in size)
deduction,
shall be required a minimum 75 sq, ft.
Landscape Area:
ofstorage area in addition tc normal
The site is entitled to a
closet space This 75 sq. N. shall be a
reduction of
credit for storage only.
landedel area by 5%
(reduced to 55% of
site area) for the EHU,
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 sauare feet of GRFA: site coverage is aermitted to be increased
by 5% to accommodate the EHU. and a 5% reduction in reauired landscaae 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
December 16, 2013
Page #12
425 square feet for each permitted dwelling unit. 1136
Ordinance No. 29. Series of 2005.
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
II. Effect of Density Limitation.
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.38 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 for 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 P/S dwelling units, with up to the maximum 60 %/40% floor area ratio
split39, but the smaller of the two units would have to become a deed restricted EHU 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.
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 Footnotes 3 -7 above.
39 See Footnotes 22 -23 above.
Town of Vail
December 16, 2013
Page #13
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 .40
Meanwhile, the applicant's similarly situated Mill Creek Circle neighbors on Lots 6, 10,
13 -19, each of whose respective P/S lot is greater than 14,000 square feet, has the right to build
up to two (2) free market, unrestricted dwelling 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 P/S platted lots in Vail Village Filing No. 1, Block No. 1
(which includes all of the lots on Mill Creek Circle), are as follows:
Lot # [Vail Village First Filing, Block 11 /
Lot Size
Address
(per Eagle County Assessor's Office)
Lot 1/
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)
40 Town Code §12- 13 -3A.2 (2013).
Town of Vail
December 16, 2013
Page #14
Lot # [Vail Village First Filing, Block 11 /
Lot Size
Address
(per Eagle County Assessor's Office)
Lot 11/
12,414 Sq. Ft.
332 Mill Creek Cir.
(0.285 AC)
Lot 13/
15,420 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 IT
18,513 Sq. Ft.
375 Mill Creek Cir.
(0.425 AC)
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:
Town of Vail
December 16, 2013
Page #15
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a �� lip / `ftic i4 syf_
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III. Conclusion.
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
"grandfathered ", 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
lot, which they would then be unable to use or occupy for themselves.41
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
41 See Footnotes 40 -41 above.
Town of Vail
December 16, 2013
Page #16
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 Due Process and
Equal Protection Clauses of the U.S. and Colorado Constitutions.
Accordingly, the applicant respectfully requests a variance as described in the first
paragraph of this letter.
Very truly yours,
DEVLIN LAW GROUP, LLC
,x- oe •
Timothy N. Devlin, Esq.
0
TOWN OF VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 13, 2014
SUBJECT: A request for the review of a major exterior alteration, pursuant to Section 12 -7H-
7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for an
addition to increase the number of accommodation units, located at 715 West
Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision,
and setting forth details in regard thereto. (PEC130042)
Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects
Planner: Jonathan Spence
I. SUMMARY
The applicant, Diamond Rock Hospitality Company, represented by GPSL Architects, is
requesting the review of an exterior alteration or modification pursuant to Section 12 -7B-
7, Exterior Alterations and Modifications, Vail Town Code, to allow for an addition that
increases the number of accommodation units, located at 715 West Lionshead Circle.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum
and the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of the proposed exterior alteration or
modification subject to the findings noted in Section IX.
II. DESCRIPTION OF REQUEST
The applicant, Diamond Rock Hospitality Company, represented by GPSL Architects, is
proposing a Major Exterior Alteration /Modification to add nine (9) new accommodation
units and remodel eight (8) other existing accommodation units to increase their level of
occupancy. The proposal is to infill the existing deck area on the 6t" (top) floor of the
hotel by moving the existing single loaded corridor on the north side to the center of the
building and redevelop the floor with 17 accommodation units accessed from a new
double loaded corridor.
On the north side, the existing mansard roof will remain but the existing dormers,
currently serving the corridor, will be replaced with accommodation unit windows. The
existing low roof on the south side will remain while the mansard style walls will be
moved out to engage the lower roof form. The existing south side accommodation unit
doors will be replaced with guest windows and dormer elements. The windows on both
elevations are proposed to be treated in a manner similar to the existing top floor, west
elevation. A copper surround is intended to give the impression of an attic dormer
window. Larger gabled dormers on the south provide views to the Gore Range and the
ski mountain.
The proposal includes an increase in average building height and overall maximum
building height over existing of approximately one (1) foot each. Both of the proposed
heights are within the overall maximums for the Lionshead Mixed Use 1 District and the
Lionshead Redevelopment Master Plan. The addition of nine (9) new accommodation
units also increases the parking requirement by seven (7) spaces. The Marriott, as
further discussed in Section VII, has adequate parking under its control for both the
existing and proposed conditions.
Since the proposed remodel and addition involves "the alteration of an existing building
which adds or removes any floor area ", the addition is subject to the Planning and
Environmental Commission's review of an exterior alteration or modification application
pursuant to Section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code. The
proposed remodel /addition is also subject to Town of Vail design review to ensure
conformance with the Town's adopted design guidelines.
A vicinity map (Attachment A), the applicant's request (Attachments B), the proposed
architectural plans (Attachment C) and the West Day Subdivision Approved
Development Plan /Development Allocations spreadsheet (Attachment D), are attached
for review.
III. BACKGROUND
The Marriott Hotel site was annexed into the Town of Vail in August of 1969. According
to Eagle County records, the existing building was originally constructed in 1983. The
property was originally zoned Commercial Core 2 District and was rezoned to
Lionshead Mixed Use 1 District in 1999.
The west wing of the hotel suffered a fire in November 2000 that effectively destroyed
the upper floors of the hotel. The conference center below and most of the center wing
were largely unaffected. The owner at the time, Host Marriott, gutted the entire west
wing and rebuilt it with new guest room layouts but stayed largely within the old bulk and
mass of the building, as was defined by the preexisting steel structure. Reconstruction
was completed by Christmas of 2002.
The rooms on the top floor of the west wing were intended to serve as "hospitality
suites ". These were primarily to be used for people who booked large events at the
property as guest rooms with attached day rooms. These day rooms, comprising half of
the 8 rooms on this floor, were not fitted with beds. To the south of these rooms, the
Town of Vail Page 2
burned out pitched roof was replaced with an open deck that was never partitioned for
the exclusive use of each room. For this reason, it is rarely occupied.
IV. APPLICABLE PLANNING DOCUMENTS
The following checklist was created to provide a means of evaluating the Marriott Hotel
expansion for compliance with the Lionshead Redevelopment Master Plan. The
checklist is intended for the Planning and Environmental Commission to use in
conjunction with their copies of the Lionshead Redevelopment Master Plan to locate
relevant portions which pertain to this proposal.
Lionshead Redevelopment Master Plan
Chapter 2: Introduction
❑ 2.1 Purpose of the Master Plan
❑ 2.2 Definition of a Master Plan
❑ 2.3 Policy Objectives
Chapter 4: Master Plan Recommendations — Overall study Area
❑ 4.8 Parking
❑ 4.9 Housing
❑ 4.13 Live Beds
Chapter 5: Detailed Plan Recommendations
❑ 5.13 The Marriott
Chapter 8: Architectural Design Guidelines
❑ 8.1 Vision Statement
❑ 8.2 Organization, Purpose and Scope
❑ 8.3 New and Existing Structures
❑ 8.4 Design Guidelines
Zoning Regulations
Article 12 -7H: Lionshead Mixed Use — 1 Zone District
12 -7H -1: PURPOSE.
The Lionshead Mixed Use -1 zone district is intended to provide sites for a
mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, time
shares, lodge dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1 zone
district, in accordance with the Lionshead Redevelopment Master Plan, is
Town of Vail Page 3
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site development
standards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off -site improvements adjacent to
redevelopment projects. With any development/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated. streetscape improvements, pedestrian /bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
12 -7H -7. EXTERIOR ALTERATIONS OR MODIFICATIONS: (in part)
A. Review Required. The construction of a new building or the alteration of an
existing building that is not a major exterior alteration as described in subsection
B of this section shall be reviewed by the design review board in accordance with
chapter 11 of this title.
B. Major Exterior Alteration. The construction of a new building or the alteration
of an existing building which adds additional dwelling units, accommodation
units, fractional fee club units, timeshare units, any project which adds more than
one thousand (1,000) square feet of commercial floor area or common space, or
any project which has substantial off site impacts (as determined by the
administrator) shall be reviewed by the planning and environmental commission
as a major exterior alteration in accordance with this chapter and section 12 -3 -6
of this title. Any project which requires a conditional use permit shall also obtain
approval of the planning and environmental commission in accordance with
chapter 16 of this title. Complete applications for major exterior alterations shall
be submitted in accordance with administrative schedules developed by the
department of community development for planning and environmental
commission and design review board review.
12 -7H -8. COMPLIANCE BURDEN.
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Planning and Environmental Commission and the Design
Review Board that the proposed exterior alteration or new development is in
compliance with the purposes of the Lionshead Mixed Use 1 zone district, that
Town of Vail Page 4
the proposal is consistent with applicable elements of the Lionshead
Redevelopment Master Plan and that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
comprehensive plan.
12 -7H -9: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of
buildable area.
12- 7H -10: SETBACKS:
The minimum building setbacks shall be ten feet (10) unless otherwise specified
in the Lionshead Redevelopment Master Plan as a build -to line.
12- 7H -11: HEIGHT AND BULK:
Buildings shall have a maximum average building height of seventy one feet (71)
with a maximum height of 82.5 feet, as further defined by the Lionshead
Redevelopment Master Plan. All development shall comply with the design
guidelines and standards found in the Lionshead Redevelopment Master Plan.
Flexibility with the standard, as incorporated in the Lionshead Redevelopment
Master Plan, shall be afforded to redevelopment projects which meet the intent of
design guidelines, as reviewed and approved by the Design Review Board.
12- 7H -14: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area,
unless otherwise specified in the Lionshead Redevelopment Master Plan.
12- 7H -15: LANDSCAPING AND SITE DEVELOPMENT.
At least twenty percent (20 %) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead Redevelopment Master Plan.
12- 7H -16: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of
this title. At least one -half (112) the required parking shall be located within the
main building or buildings.
12- 7H -18: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners /developers shall also be responsible for mitigating direct
impacts of their development on public infrastructure and in all cases mitigation
shall bear a reasonable relation to the development impacts. Impacts may be
determined based on reports prepared by qualified consultants. The extent of
mitigation and public amenity improvements shall be balanced with the goals of
redevelopment and will be determined by the planning and environmental
commission in review of development projects and conditional use permits.
Mitigation of impacts may include, but is not limited to, the following: roadway
Town of Vail Page 5
1V
improvements, pedestrian walkway improvements, streetscape improvements,
stream tract/bank improvements, public art improvements, and similar
improvements. The intent of this section is to only require mitigation for large
scale redevelopment/development projects which produce substantial off site
impacts.
ZONING ANALYSIS
Address: 715 West Lionshead Circle
Legal Description: Lot 1 West Day Subdivision
Lot Area: 1.972 acres (85,900 sq. ft.)
Zoning: Lionshead Mixed Use 1 (LMU -1)
Land Use Designation: Lionshead Redevelopment Master Plan Area
Development Standard Allowed /Required Existing Proposed
Setbacks
North:
10 ft.
0 ft.
no change
South:
10 ft.
60 ft.
no change
West:
10 ft.
15 ft.
no change.
East:
10 ft.
0 ft.
no change
Building Height:
71 ft. avg.
58 ft avg.
59 ft. avg.
82.5 ft. max.
79.2 ft. max
80.6 ft. max
Density
60 DUs
35 DUs
no change
Unlimited AUs
315 AUs
324 AUs
GRFA:
247,342 sq.ft.
149,669 sq. ft.
153,684 sq. ft.
Site Coverage:
65,820 sq.ft.
64,872 sq. ft.
no change
Landscape Area:
15,175 sq.ft.
17,715 sq.ft.
no change
Parking:
276 spaces
268 spaces
297 spaces
*For the purposes of zoning, the three parcels that make up the West Day Subdivision
are considered one development site. As such, a spreadsheet, included as Attachment
D, outlines the future development allocation of each parcel.
Town of Vail
Page 6
VI
VII
SURROUNDING LAND USES AND ZONING
Zoning
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
MAJOR EXTERIOR ALTERATION REVIEW CRITERIA
Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for
major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-
1) zone district. According to Section 12 -7H -8, Vail Town Code, a major exterior
alteration shall be reviewed for compliance with the following criteria:
1. That the proposed major exterior alteration is in compliance with the
purposes of the Lionshead Mixed Use 1 zone district;
Staff Response:
The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section
12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone
District is intended to provide sites within the area of Lionshead for a mixture of
multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services
and commercial /retail establishments. The development standards prescribed
for the district were established to provide incentives for development in
accordance with the goals and objectives of the Lionshead Redevelopment
Master Plan.
The applicant is proposing the construction of nine (9) new accommodation units
and the remodeling of eight (8) others with no requested variances. The
accommodation use is included in the stated purpose of the Lionshead Mixed
Use 1 District. Therefore, Staff finds that the major exterior alteration application
complies with not only the intent of the zone district, but also the development
standards of the district.
Town of Vail
Page 7
Land Use
North:
Residential
South:
Residential
East:
Mixed Use
West:
Mixed Use
Zoning
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
Lionshead Mixed Use -1 District
MAJOR EXTERIOR ALTERATION REVIEW CRITERIA
Section 12 -7H -8, Compliance Burden, Vail Town Code, outlines the review criteria for
major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-
1) zone district. According to Section 12 -7H -8, Vail Town Code, a major exterior
alteration shall be reviewed for compliance with the following criteria:
1. That the proposed major exterior alteration is in compliance with the
purposes of the Lionshead Mixed Use 1 zone district;
Staff Response:
The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section
12 -7H -1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone
District is intended to provide sites within the area of Lionshead for a mixture of
multiple - family dwellings, hotels, fractional fee clubs, restaurants, skier services
and commercial /retail establishments. The development standards prescribed
for the district were established to provide incentives for development in
accordance with the goals and objectives of the Lionshead Redevelopment
Master Plan.
The applicant is proposing the construction of nine (9) new accommodation units
and the remodeling of eight (8) others with no requested variances. The
accommodation use is included in the stated purpose of the Lionshead Mixed
Use 1 District. Therefore, Staff finds that the major exterior alteration application
complies with not only the intent of the zone district, but also the development
standards of the district.
Town of Vail
Page 7
2. That the proposal is consistent with applicable elements of the Lionshead
Redevelopment Master Plan;
Staff Response:
Chapter 2: Introduction
Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six
policies objectives of the plan. Staff believes the following objectives are the most
germane to this application.
1) Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a
warmer, more vibrant environment for guests and residents. Lionshead
needs an appealing and coherent identity, a sense of place, a personality,
a purpose, and an improved aesthetic character.
3) Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal and
redevelopment in Lionshead must promote improved occupancy rates and
the creation of additional bed base ( "live beds" or "warm beds') through
new lodging products.
Staff believes the proposed major exterior alteration conforms to these policy
objectives. The proposed increase in accommodation units and the
improvements to existing units assists in the enhancement and maintenance of
Vail's vitality and viability. Objective #3 is achieved through improved occupancy
rates and the addition of nine (9) units to the bed base.
Chapter 4: Master Plan Recommendations
Chapter 4 of the Lionshead Redevelopment Master Plan provides specific
recommendations related to physical and visual connections, public
transportation, vehicular and pedestrian circulation, housing, public art and live
beds. Staff has included for discussion only those recommendations that are
relevant to the proposed expansion and remodel.
Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking.
As noted earlier in the report, the three parcels that make up the West Day
Subdivision are considered one development site for the purposes of zoning. The
spreadsheet of approved development allocations places the existing Marriott
parking requirement at 268 spaces. This amount includes a 10% parking credit of
a multi -use parking facility. According to the information provided by the
applicant, the Marriott currently has 297 parking spaces under their control
including 237 deeded spaces under the Ritz - Carlton Development and 60 spaces
Town of Vail Page 8
under the east wing of the Marriott. The 297 spaces adequately meet both the
existing and proposed parking demand.
Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing.
The applicant is proposing to mitigate the housing needs created by the new
addition through a fee in lieu payment. The housing requirement generated by
the proposal is:
Net New Accommodation Unit / Limited Service Lodge Unit Proposed
Accommodation Unit / Limited Service Lodge Unit
9 units x 0.7 employees / unit x 20% mitigation rate = 1.26 new employees
to be housed
Fee in Lieu of $74,481.00 per employee (2013 number *) $93,846.06
*The actual fee in lieu will be determined at the time of building permit review and is
subject to change.
Section 4.13 of the Lionshead Redevelopment Plan addresses the need for the
maintenance, preservation and enhancement of the live bed base. The live bed
base is critical to the success of Lionshead and special emphasis has been
placed on the importance of increasing the number of live beds as the area
undergoes redevelopment. The project proposes to add nine (9) additional
accommodation units to the live bed base and redevelop eight (8)
underperforming units. Staff believes the project meets the recommendations
related to live beds. It should be noted that applications for new development or
redevelopment which maintain, preserve, and enhance the live bed base in
Lionshead have a significantly greater chance of approval in the development
review process than those which do not.
Chapter 5: Detailed Plan Recommendations
Section 5.13 of the Lionshead Redevelopment Master Plan addresses specific
recommendations for the Marriott property. Many of these recommendations,
including the development of the Gore Creek Residences have been met.
Recommendation 5.13.3 speaks to opportunities for fagade renovation and the
challenges in meeting the design guidelines with an existing structure.
Recommendation 5.13.5 discusses the need to preserve and enhance the
existing accommodation units. The applicant's proposal is consistent with the
recommendations of this section of the Master Plan. The applicant is proposing
to enhance and preserve the existing accommodation units and the new
construction meets the intent of the architectural standards, as noted under
Chapter 8: Architectural Design Guidelines.
Town of Vail Page 9
Chapter 7: Development Standards
This major exterior alteration application conforms to the development standards
of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed
Use 1 District with the no exceptions.
Chapter 8: Architectural Design Guidelines
In addition to the Planning and Environmental Commission's review of a major
exterior alteration request, the Town of Vail Design Review Board will also be
reviewing this proposal for compliance with both the Town of Vail's general
design guidelines and the architectural design guidelines of the Lionshead
Redevelopment Master Plan. A review by the Design Review Board has
tentatively been scheduled for January 15, 2014.
As this proposal involves the renovation of an existing building, rather than the
construction of a new building, the Lionshead Redevelopment Master Plan
requires the review of the applicant's request on "a case -by -case basis, with
determination of compliance based upon whether the building meets the general
intent of these Guidelines and the tenants described herein" rather than the strict
and literal compliance with the guidelines.
Staff believes the applicant's proposal is consistent with the architectural style
encouraged by the master plan and the character of the recently approved
developed /re- developed projects such as the Arrabelle, Montenaros, Lion Square
Lodge, Ritz Carlton, etc.
There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead
Redevelopment Master Plan related to building eaves, wall surfaces, wall spans,
ridge heights, building materials and colors, and roof dimensions and pitches.
This major exterior alteration does not result in any changes to the initial eave
height but the infill does result in a reduction of the building stepback, as can be
seen in the east and west elevations. The reduction of this stepback, does not
meet the 12' requirement of Section 8.4.2.3, Building Height. Per Section 8.4.2.7
Roofs, steep mansard roofs which exceed a 12:12 maximum pitch are not
encouraged but may be necessary in certain instances. Staff believes that the
existing building's form and massing make the mansard pitch requirement
impractical. Staff finds both of these deviations from the design guidelines to be
appropriate as the building as a whole meets the general intent and is in keeping
with the architectural and aesthetic qualities encouraged by the master plan.
Town of Vail Page 10
3. That the proposal does not otherwise have a significant negative
effect on the character of the neighborhood; and,
Staff Response:
Staff has reviewed the proposal in an attempt to identify any significant negative
impacts that may be created on the character of the neighborhood as a result of
the construction of the project. The proposal conforms to the development
standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in
keeping with the general architectural style encouraged by the Lionshead
Redevelopment Master Plan and the general character of the recently
redeveloped nearby properties such as Arrabelle, Montenaros, Lion Square
Lodge, Ritz Carlton, etc.
It is not anticipated that the proposal will have any significant negative effects
related to solar shading or views. The reduction of the stepback on the top floor,
south elevation, as a result of the infill will be virtually imperceptible to the
pedestrian, with few primary vantage points that will recognize the changes and
thus be negatively affected.
This proposal is subject to review by the Town of Vail Design Review Board. The
Board is charged with ensuring that this proposal complies with both the Town's
general design guidelines and the architectural design standards of the
Lionshead Redevelopment Master Plan.
The applicant has submitted a traffic study which has been reviewed by the Town
of Vail Public Works Department. There will be an increase in vehicle trips to the
Marriott site at peak times and the applicant will be assessed a traffic impact fee
by the Town of Vail Public Works Department to mitigate this increase in traffic.
Staff does not believe this increase in vehicle trips will have a significant negative
impact in comparison to existing traffic conditions.
4. That the proposal substantially complies with other applicable
elements of the Vail Comprehensive Plan.
Staff Response:
Staff has reviewed the Vail Comprehensive Plan to determine which elements of
the Plan apply to the review of this proposal. Upon review of the Plan, Staff has
determined that the following elements of the Plan apply:
• Transportation Master Plan (adopted 1993)
• Lionshead Redevelopment Master Plan (adopted 1998)
Town of Vail Page 11
This proposal conforms to the Town of Vail's transportation and engineering
standards. The applicant has also agreed to make a financial contribution to the
Town of Vail in the form of traffic impact fees in accordance with the
recommendations of the Transportation Master Plan. Therefore, Staff believes
this proposal substantially complies with the applicable elements of the
Transportation Master Plan.
Staff also believes this proposal complies with the applicable elements of the
Lionshead Redevelopment Master Plan (refer to criteria #2 above).
In summary, Staff believes that the applicant has presented evidence that the
proposed major exterior alteration is in compliance with the purposes of the
Lionshead Mixed Use 1 District, that the proposal is consistent with applicable
elements of the Lionshead Redevelopment Master Plan, that the proposal does
not otherwise have a significant negative effect on the character of the
neighborhood, and that the proposal substantially complies with other applicable
elements of the Vail Comprehensive Plan.
VIII. MITIGATION OF DEVELOPMENT IMPACTS
Employee Housing
As indicated in a number of the goals and objectives of the Town's Master Plans,
providing affordable housing for employees is a critical issue which should be
addressed through the planning process for major exterior alteration proposals. In
reviewing the proposal for employee housing needs, staff relied on the Town of Vail
Employee Housing Report. This report has been used by the staff in the past to
evaluate employee housing needs. The guidelines contained within the report were
used most recently in the review of the Austria Haus, Four Seasons, Manor Vail Lodge,
Vail Village Inn, Solaris, Ritz Carlton, Arrabelle, Lion Square Lodge, etc. development
projects.
Employee Generation Calculations
Net New Accommodation Unit / Limited Service Lodge Unit Proposed
Accommodation Unit / Limited Service Lodge Unit
9 units x 0.7 employees / unit x 20% mitigation rate = 1.26 new employees
to be housed
Fee in Lieu of $74,481.00 per employee (2013 number *) $93,846.06
*The actual fee in lieu will be determined at the time of building permit review and is
subject to change.
Town of Vail Page 12
The applicant is proposing to provide a fee in lieu for the required employee generated
housing. The Town of Vail Housing Coordinator has reviewed the applicant's employee
housing mitigation proposal and has determined that proposal meets the Town of Vail's
employee housing requirements and is consistent with other mitigation proposal
approved for similar development projects.
Traffic
The proposed new accommodation units will increase the traffic flow to and from the
Marriott site. To mitigate the effects of this increased traffic, the applicant will be making
a financial contribution to the Town of Vail in the form of a traffic impact fee. This fee is
based upon an assessment of $6,500 per increased traffic trip at peak hour. The
preliminary traffic study prepared by Fox Higgins indicates an increase of 9 peak hour
trips. Based upon report the traffic impact fee will be $58,500.
IX. RECOMMENDATION
MAJOR EXTERIOR ALTERATION OR MODIFICATION
The Community Development Department recommends approval, with conditions, of
this request for an exterior alteration or modification pursuant to Section 12 -7H -7,
Exterior Alterations and Modifications, Vail Town Code, to allow for an addition to
increase the number of accommodation units, located at 715 West Lionshead Circle
(Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision and setting forth details in
regard thereto. Staff's recommendation is based upon the criteria outlined in Section
VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this exterior
alteration or modification request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request
for an exterior alteration or modification pursuant to Section 12 -7H -7, Exterior
Alterations and Modifications, Vail Town Code, , to allow for an addition to
increase the number of accommodation units, located at 715 West Lionshead
Circle (Vail Marriott Mountain Resort) /Lot 1, West Day Subdivision, and setting
forth details in regard thereto. (PEC130042)"
Should the Planning and Environmental Commission choose to approve this exterior
alteration or modification request, the Community Development Department
recommends the Commission imposes the following conditions:
1. This exterior alteration or modification approval is contingent upon the
applicant obtaining Town of Vail approval of the associated design review
application.
Town of Vail Page 13
2. The applicant shall mitigate the impact on employee housing of this
development in accordance with the provisions of Chapter 12 -23, Commercial
Linkage, Vail Town Code prior to the issuance of any building permit.
3. A traffic mitigation fee of $6,500. 00 per PM Peak Hour net increase of
vehicular trips for a total traffic mitigation fee of $6,500. 00 x 9 = $58,500. 00, shall
be paid to the Town of Vail by the applicant prior to issuance of any certificate of
occupancy.
Should the Planning and Environmental Commission choose to approve the exterior
alteration request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of the Staff
memorandums to the Planning and Environmental Commission dated January
137 2014, and the evidence and testimony presented, the Planning and
Environmental Commission finds.
That the proposed exterior alteration is in compliance with the purposes of the
LMU 1 district as specified in section 12 -7H -1 of the Zoning Regulations, and
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan, and
3. That the proposal does not otherwise negatively alter the character of the
neighborhood. "
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Architectural Plans
D. West Day Subdivision Approved Development Plan /Development Allocations
Town of Vail Page 14
Town of Vail Planning and Environmental Commission
Town of Vail Design Review Board
Town of Vail Community Development Department
Town of Vail
75 South Frontage Road
Vail, CO 81657
December 16, 2013
Re: PEC and DRB submittal for addition and remodel to Vail Marriott Resort
Board members:
Please find attached our applications to the PEC and DRB for the expansion of the top floor of the west
wing of the Vail Marriott Resort. As discussed at the pre - application conference on 5 December 2013,
the application to the PEC is for a major exterior alteration which adds more than 1000 sf of GRFA and 9
new AU's to the hotel.
History
The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors
of the hotel. The Conference center below and most of the center wing were largely unaffected. The
owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room
layouts but stayed largely within the old bulk and mass of the building, as was defined by the pre-
existing steel structure. Reconstruction was completed by Christmas of 2001.
The rooms on the top floor of the west wing, which we refer to as level 147' -0" (the Property calls it the
5t" floor but it actually the 6t" floor), were intended to serve as "hospitality suites ". These were primarily
to be used for people who booked large events at the property as guest rooms with attached day
rooms. These day rooms, comprising half of the 8 rooms on this floor, were not even fitted with beds.
To the south of these rooms, the burned out pitched roof was replaced with an open deck that was
never partitioned for the exclusive use of each room. For this reason, it is rarely ever occupied.
Subsequent to the reconstruction, the property was sold to Vail Resorts who then remodeled and
expanded the remaining two wings of the hotel. While this work was originally approved as an SDD, it
was rezoned at the completion of the Lionshead Master plan process into the LHMU -1 zone district.
Vail Marriott PEC / DRB Application- 16 December 2013
Page 2
Vail Resorts then combined the Marriott property and West Day lot properties into one development
site and three separate parcels: the Marriott, the Gore Creek townhomes, and the Ritz hotel. The
development rights for the entire development site were allocated among the three parcels in 2006.
The Marriott was then sold to the current owner, Diamond Rock Hospitality Company (DRHC). Vail
Resorts remains at the hotel as the property manager.
Proposed Expansion Project for the West Wing
The redevelopment of the Vail Marriott has been quite successful since its completion in 2004 and the
hotel frequently operates at high occupancy levels. Group business keeps things humming throughout
the shoulder seasons. The 8 suites at the top level of the west wing are no longer needed to serve as
hospitality suites and therefore these rooms are underperforming relative to the rest of the hotel. The
Owners would like to reconfigure the layout of this floor and expand onto the south deck, infilling it with
new premium guest rooms.
This proposal is to move the existing single loaded corridor on the north side to the center of the
building and develop 17 guest rooms accessed from the double - loaded corridor. The expansion onto
the south deck adds 3016 sf of GRFA to the area of the floor and increases the number of AU's from 8 to
17. No additional height is being proposed for the existing roof and the height of the expansion will, for
the most part, match that of the existing roof. The existing mansard roof on the north elevation will
remain, but the existing dormers (serving the existing corridor) will be replaced with windows for the
guest rooms. The existing low roof form on the south side, which serves as the guard for the deck and
which shelters the balconies below, will remain. The existing south side walls are a mansard roof form
covered with roofing shingles. This wall /roof form will be pushed out to engage the low roof form,
thereby replicating the two plane mansard form of the north side. The existing south side guest room
doors will be replaced with guest room windows and dormer features. The windows for both elevations
are proposed to be treated in a manner similar to that found on the top floor, west elevation, of the
center wing of the building (see photo), whereby a copper surround is intended to give the impression
of attic dormer windows. At the south -east corner, the stunning views to the Gore Range and the ski
mountain warrant larger gabled dormer elements on the south and east sides of the building corner.
Vail Marriott PEC / DRB Application- 16 December 2013
Page 3
AM 4
Ii
Center wing: west elevation at top floors showing copper window surrounds and dormers
PEC Submittal Narrative
Describe the precise nature of the proposed use on development objectives of the Town.
This proposal is to increase the numbers of guest rooms at the Hotel by 9 units and remodel 8 others to
have higher rates of occupancy. Section 2.3.3 of the Lionshead Master Plan specifically promotes the
creation of additional live beds and the increased utilization of existing beds.
The relationship and impact of the use on development objectives of the Town.
This proposal adds live beds within the footprint of an existing Hotel. Parking already exists. There is nc
increase in site coverage or decrease in landscaped area. This results in additional live beds with few, if
any impacts on the neighborhood or Town of Vail; something that is very high on the list of
development objectives for the TOV.
The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools,
parks and recreation facilities and other public facilities and public facilities needs.
This proposal is to infill an existing deck area on the 6t" floor of an existing hotel. No additional height is
proposed beyond the roof dormers at the southeast corner- sitting under the elevator room turret. The
existing parking under the Ritz is adequate to meet the requirements for this addition. The effects on
light and air relative to the existing conditions are adjudged to be minimal or none. While jobs will be
created / maintained with the construction of the new hotel rooms, it is anticipated that no additional
employees will be necessary to service and maintain these new rooms. Therefore the impact on the
permanent population, utilities, schools, parks and other public and transportation facilities will be
negligible.
Vail Marriott PEC / DRB Application- 16 December 2013
Page 4
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 the streets and
parking areas.
This proposal is to add 9 new hotel rooms to an existing hotel with 315 rooms and multiple meeting and
conference rooms, an increase of less than 3 %. The required new parking already exists within an
enclosed parking structure. Given that a large proportion of Hotel guests arrive by van, the net impact
on the items listed above will be negligible.
The 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.
This proposal will no doubt increase the bulk and mass at the top of the existing Hotel on the south side
as the south wall of the top floor will be moving outward by approximately 18'. However, given that the
existing south wall is currently a shingled mansard roof element and the proposed new south wall will
be a shingled mansard roof element that springs from another roof element, in a manner almost
identical to what currently exists on the north side of the Building, the change in the apparent mass of
the building will be difficult to see. Even with the addition, the face of the top floor will still be set back
from the face of the building below. Additionally, there are few, if any, vantage points that will perceive
the changes. The Gore Creek Place Townhomes to the south (low in height) are designed to face away
from the Marriott and are too close to see the changes.
West wing from pedestrian path at Gore Creek Place Townhomes
Vail Marriott PEC / DRB Application- 16 December 2013
Page 5
The Ritz property is taller than the Marriott and so the increased mass at the Marriot will still sit below
and behind the bulk and mass of the Ritz. The properties on the south side of Gore Creek are too far
away to really be impacted by the change in the bulk and mass, given that the viewing angles are much
flatter.
Applicable Development Standards
GRFA
The allowable GRFA for the property, as defined in the 2006 Marriott Hotel /Gore Creek Place/ West Day
Lot allocation memo, is 247,342 sf. This existing Hotel is listed at 149,669 sf. The addition of 3,016 sf
still leaves 94,657 sf of GRFA for future development.
Site Coverage
As the addition sits within the footprint of the existing west wing, no additional site coverage is being
proposed.
Setbacks
As the addition sits within the footprint of the existing west wing, there is no impact on setbacks.
Building Height
Under the LMU -1 zoning, section 12- 7H -11, the maximum average height allowed for the entire Hotel
property, exclusive of architectural features, is 71' -0 ". The maximum height allowed is 82' -6 ". The
existing average height for the entire Marriott complex is 58.12'. The proposed addition increases this
number to 59.17 ". The existing maximum height for the west wing, exclusive of the turret features ( the
elevator machine room and boiler exhaust chimney), is approx. 79' -2 "'. As the pre- existing grade on the
site was falling gently to Gore Creek, the proposed expansion southward across the deck increases this
height to 80' -8 "'. Both average and maximum height are within the requirements of the LMU -1 zone
district.
Landscape Area
As the addition sits within the footprint of the existing west wing, there is no impact on landscaped area.
No new landscaping is proposed.
Vail Marriott PEC / DRIB Application- 16 December 2013
Page 6
Parking
The 2006 Marriott Hotel /Gore Creek Place/ West Day Lot allocation memo sets the parking requirement
for the existing hotel at 268 spaces. This represents a 10% reduction from the Code due to shared
parking with the Ritz property. Sixty (60) of these spaces are located on the Hotel site and 208 are
located under the Ritz.
When Vail Resorts sold the Marriott property TO DRHC, they conveyed 237 parking spaces under the
Ritz to the new owners. These spaces represent the number of structured parking spaces that were in
the parking structure torn down in order to build the Ritz. These 237 spaces, in combination with the 60
under the east wing of the Marriott, total 297 spaces. Therefore there are 297 -268 = 29 excess spaces
available to the Marriott Resort.
No new parking is being proposed for the additional 9 AU's being created as the required parking will be
taken from the available excess spaces.
Per section 12 -10 -10 of the Vail Code, accommodation units are required to have .7 spaces per AU. For
the proposed 9 new AU's, this totals .7 x 9 = 7 new spaces required. Thus the 29 excess spaces will be
reduced by 7 spaces, leaving 22 excess spaces.
The Town Code also requires that Hotels provide an additional 1 space for every 330 sf of conference or
meeting room space. As no new conference or meeting room space is being proposed, this requirement
does not apply.
Submittal items not included
Per our discussion at the pre - application conference, no three dimensional representation or model is
being submitted at this time. It is anticipated that we will have something for the PEC and DRIB hearings.
Per our discussion at the pre - application conference, we are not submitting and shade /shadow studies.
The infilling of the south deck throws no northward shadows and the shadows thrown to the east and
west fall on space that is either already shaded by the building or on the existing roofs of the hotel.
For the DRB, it should be noted that all materials and colors are to match existing.
As the proposed addition sits within the footprint of the existing west wing, there are no changes to the
existing site. A new site plan is not included as the survey documents the existing conditions and
grades.
As the proposed addition sits within the footprint of the existing west wing, there are no changes to the
existing landscape. A new landscape plan is not included.
As the proposed addition sits within the footprint of the existing west wing, and, as the proposed
addition will result in the removal of existing light fixtures, and, as no new light fixtures are being
proposed, a lighting plan is not included.
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Attachment: 13
TOWN OF VAI015
Memorandum
To: Planning and Environmental Commission
From: Community Development
Date: January 13, 2014
Subject: A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions,
Vail Town Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead
Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing
2, and setting forth details in regard thereto. (PEC130043)
Applicant: HCT Development, LLC, represented by TJ Brink
Planner: George Ruther
SUMMARY
The applicant, HCT Development, LLC, represented TJ Brink, is requesting a final review of
a minor subdivision application, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town
Code, to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at
250 South Frontage Road West /Lot 2, Block 1, Vail Lionshead Filing 2, to create the plat
entitled: "Final Plat, Vail /Lionshead Second Filing, A Resubdivision of Lot 2. Block
1. Town of Vail. County of Eagle. State of Colorado ". The Community Development
Department is recommending approval of the minor subdivision application with the findings
as listed in Section VI of this memorandum. For reference, the attachments include a copy
of the proposed final plat (Attachment A).
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a final review of a minor subdivision application, pursuant to
Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the creation of Lots 2E and
2W, Block 1, Vail Lionshead Filing 2, located at 250 South Frontage Road West /Lot 2, Block 1,
Vail Lionshead Filing 2, to create the plat entitled: " Final Plat, Vail /Lionshead Second
F i I i ng, A Resubdivision of Lot 2. Block 1. Town of Vail. County of Eagle. State of
Colorado ". The purpose of the minor subdivision is to create two lots for the Evergreen
development site.
III. ZONING ANALYSIS
Address /Legal 250 South Frontage Road /Lot2, Block 1 Vail Lionshead Filing
Description: No.2
Parcel Size: 2.6272 acre (114,439 sq.ft)
Zoning: Lionshead Mixed Use 1
Land Use Designation: Lionshead Redevelopment Master Plan
Development Standard
Allowed
Existing
Proposed
Lot Area:
10,000 sq. ft.
114,441 sq. ft.
Lot 2E 10,005
Lot 2W 104,434
Setbacks:
10ft.
North - 30 ft.
No change
East- 11 ft.
West- 11 ft.
South- 16 ft.
Building Height:
82.5 ft. max
70.8 ft. max
No change
Density:
91 DUs (35 /ac.)
19 DUs
No change
AUs (unlimited)
128 AUs
GRFA:
285,842 sq. ft.
96,231 sq. ft.
No change
Site Coverage:
80,040 sq. ft. (70 %)
38,886 sq. ft.
No change
Landscape Area:
22,867 sq. ft. (20 %)
>20%
No change
Parking:
260 spaces
No change
No change
required
Loading
1 berth
1 berth
No change
IV. APPLICABLE PLANNING DOCUMENTS
Title 12: Zonina Reaulations, Vail Town Code (in part)
Chapter 4, Minor Subdivision, Title 13, Subdivision Regulations, of the Vail Town
Code prescribe the review criteria for a request for a minor subdivision. Pursuant
to Section 13 -4 -2, Procedure, Vail Town Code, the criteria for reviewing the final
plat shall be as contained in Section 13 -3 -4, Commission Review of Application;
Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code.
According to Section 13 -4 -2C, Review and Action on Plat,
Town of Vail Page 2
"The Planning and Environmental Commission shall review the plat and
associated materials and shall approve, approve with modifications or
disapprove the plat within twenty one (21) days of the first public hearing on
the minor subdivision or the minor subdivision will be deemed approved. A
longer time period for rendering a decision may be granted subject to mutual
agreement between the Planning and Environmental Commission and
subdivider
According to Section 13 -3 -4, Commission Review of Application; Criteria and
Necessary Findings, Subdivision Regulations, Vail Town Code, (in part)
"The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this chapter the zoning
ordinance and other pertinent regulations that the planning and
environmental commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13 -3 -3C of this chapter. "
V. REVIEW CRITERIA
The following are review criteria for a minor subdivision, as outlined in Section 13 -3 -4,
Vail Town Code:
1. The extent to which the proposed subdivision is consistent with all 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 the proposed subdivision is consistent with all applicable elements of
the adopted goals, objectives and policies outlines in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town.
Specifically, the subdivision helps to ensure vehicular access to the medical
campus and the enclosed parking garage is maintained along the South Frontage
Road which furthers the goals of minimizing the number of vehicular trips to
the medical campus from West Meadow Drive. This will further the purpose
of the Lionshead Redevelopment Master Plan land use designation, which
states that "uses and activities for these areas are intended to encourage a
safe. convenient and an aesthetically - pleasing guest experience. "
2. The extent to which the proposed subdivision complies with all of the
standards of this title, as well as, but not limited to, title 12, "Zoning
Regulations ", of this code, and other pertinent regulations that the
planning and environmental commission deems applicable;
Staff finds that the proposed subdivision is in compliance with all standards of
Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town
Code. Because the two lots will be considered one development site, there are no
Town of Vail Page 3
changes to any development parameters except lot size. The minimum lot size
in the LMU -1 District is 10,000 square feet, and both Lot 2E (0.2296 acre /10,005
square feet) and Lot 2W (2.3976 acres/ 104,434 square feet) are in compliance
with this requirement. There are no requirements in the LMU -1 District for street
frontage.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Staff finds the proposed subdivision presents a harmonious, convenient, workable
relationship among land uses that is consistent with municipal development
objectives.
4. The extent of the effects on the future development of the
surrounding area;
Staff finds the proposed subdivision will have no negative impacts on the future
development of the surrounding area. Instead, the proposed subdivision may allow
for the improved implementation of the Town's development objectives by ensuring
access to the medical campus is maintained along the South Frontage Road.
Further, the proposed subdivision will not have any effect on the future
development of the two lots, as they will be treated as one development site and
the lots will have the same development potential as it does today.
5. The extent to which the proposed subdivision is located and
designed to avoid creating spatial patterns that cause inefficiencies in
the delivery of public services, or require duplication or premature
extension of public facilities, or result in a "leapfrog" pattern of
development,
As this application is for a subdivision of an existing platted and developed parcel,
staff finds the proposed subdivision will not cause any inefficiency in the delivery
of public services and will not require duplication or premature extension of
public services, and will not result in a leapfrog pattern of development. This is
due to the fact that the subdivision will not negatively impact the current or future
development patterns of the site as the two lots will be treated as one
development site for zoning purposes.
6. The extent to which the utility lines are sized to serve the planned
ultimate population of the service area to avoid future land disruption
to upgrade undersized lines;
Staff finds the utility lines are sized to serve a complete build -out of the site,
which does not change from the subdivision of the property.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as
a whole;
Town of Vail Page 4
Staff finds that the proposed subdivision provides for the growth of an orderly
viable community and serves the best interests of the community as a whole as
the subdivision allows for the continued use of the improvements on both Lots 2E
and 2W. The parking and access improvements on proposed Lot 2E are critical to
the continued operations of the Evergreen Lodge and the Vail Valley Medical Center.
This is especially important if the community's goal of reducing the number of vehicle
trips to the Vail Valley Medical Center via West Meadow Drive is to be realized.
8. The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited
to, water quality, air quality, noise, vegetation, riparian corridors, hillsides
and other desirable natural features;
Staff finds the proposed subdivision will not result in any adverse impacts on the
natural environment, including, but not limited to, water quality, air quality, noise,
vegetation, riparian corridors, hillsides and other desirable natural features.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves the request for final review of the minor subdivision application.
Staffs recommendation is based upon the review of the criteria outlined in Section V of this
memorandum and the evidence and testimony presented, subject to the following findings:
"Upon review of the request fora minor subdivision to create the "Final Plat,
Vail /Lionshead Second Filing, A Resubdivision of Lot 2. Block 1.
Town of Vail. County of Eagle. State of Colorado " the Planning and
Environmental Commission finds:
1. That the subdivision is in compliance with the criteria listed in Section 13 -4
(Minor Subdivision) Vail Town Code; and
2. That the subdivision is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town, and
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the subdivision promotes the health, safety. morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
Should the Planning and Environmental Commission choose to approve the request for
review of a minor subdivision, Staff recommends the following motion be made:
Town of Vail Page 5
"Based on the evidence and testimony presented at this hearing and the review
criteria in Section V of this memorandum, the Planning and Environmental
Commission hereby approves a request for a final plat, pursuant to Chapter 13 -4
(Minor Subdivisions), Vail Town Code, to allow for the subdivision of one lot into two
lots (2E & 2W), located at 250 South Frontage Road West /Lot 2, Block 1,
Vail /Lionshead Filing 2."
VII. ATTACHMENTS
A. Proposed Final Plat
Town of Vail Page 6
Legal Description:
Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded October 15, 1971
in Book 221 at Page 990, County of Eagle, State of Colorado,
Excepting therefrom:
Condominium Units 5 -A, 5 -B, 5 -C, 5 -D, 5 -E, 6 -A, 6 -B, 6 -C, 6 -D, 6 -E, 6 -F, 6 -G, 6 -H, 6 -I, 6 -J, 7 -A, 7-
B, 7 -C and 7 -D, together with all portions of Common Elements owned by the owners of Vail Inn
Condominiums (formerly Talblick Condominiums) according to the map thereof recorded May 29,
1974 in Book 234 at Page 872 and the First Amendment recorded November 15, 1977 in Book 262 at
Page 327, and the Second Amendment recorded February 18, 1988 in Book 479 at Page 155, and in
accordance with the Condominiums Declaration of Vail Inn Condominiums (formerly Talblick
Condominiums) recorded May 29 1974 in Book 234 at Page 871 and First Amendment to said
Declarations recorded August 6, 1974 in Book 235 at Page 941 and Second Amendment to said
Declarations recorded November 15, 1977 in Book 262 at Page 327 and Third Amendment thereto
recorded February 18, 1988 in Book 479 at Page 154
and also excepting therefrom:
That part of Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded
October 15, 1971 in Book 221 at Page 990, County of Eagle, State of Colorado, described as follows:
Beginning at the southeast corner of said Lot 2; thence along the southerly line of said Lot 2
N79040'25 "W 177.28 feet; thence departing said southerly line N49 0 10'00 "E 3.29 feet; thence
N06 054'46 "E 68.92 feet; thence S85 050'00 "E 69.37 feet to a point on the northeasterly line of said Lot
2 also being the southwesterly right -of -way line of Interstate 70; thence the following two courses
along said right -of -way: 1) S38 047'58 "E 21.22 feet; 2) 104.48 feet along the arc of a non - tangential
curve to the left, having a radius of 469.30 feet, a delta angle of 12 045'21 ", and a chord that bears
S54 024'40 "E 104.26 feet to the northeast corner of said Lot 2; thence along the easterly line of said
Lot 2 S 100 18'47 "W 20.42 feet; to the Point of Beginning,
containing 2.3945 acres more or less.
Legal Description:
That part of Lot 2, Block 1, Vail/Lionshead, Second Filing according to the map thereof recorded
October 15, 1971 in Book 221 at Page 990, County of Eagle, State of Colorado, described as follows:
Beginning at the southeast corner of said Lot 2; thence along the southerly line of said Lot 2
N79040'25 "W 177.28 feet; thence departing said southerly line N49 0 10'00 "E 3.29 feet; thence
N06 054'46 "E 68.92 feet; thence S85 050'00 "E 69.37 feet to a point on the northeasterly line of said Lot
2 also being the southwesterly right -of -way line of Interstate 70; thence the following two courses
along said right -of -way: 1) S38 047'58 "E 21.22 feet; 2) 104.48 feet along the arc of a non - tangential
curve to the left, having a radius of 469.30 feet, a delta angle of 12 045'21 ", and a chord that bears
S54 024'40 "E 104.26 feet to the northeast corner of said Lot 2; thence along the easterly line of said
Lot 2 S 100 18'47 "W 20.42 feet; to the Point of Beginning,
containing 0.2297 acres or 10,005 square feet, more or less.
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Ad Name: 9815866A
THIS ITEM MAY AFFECT YOUR PROPERTY
representative ofthe Vail Daily. That the same Daily newspaper
PUBLIC NOTICE
Customer: TOWN OF VAIL /PLAN DEPT /COMM
NOTICE IS HEREBY GIVEN that the Planning and
Your account number is- 1 OP2P 33
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
Vail
Daily
and uninterruptedly in said County of Eagle for a period of
12 -3 -6, Vail Town Code, on January 13, 2014 at
1:00 pm in the Town of Vail Municipal Building.
more than fifty -two consecutive weeks next prior to the first
Alterations or Modifications, Vail Town Code, to
allow for an addition to increase the number of ac-
publication of the annexed legal notice or advertisement and
P g
A report to the Planning and Environmental Com-
that said newspaper has published the requested legal notice
h q g
mission on the administrator's approval of an
PROOF OF PUBLICATION
amendment to an existing conditional use permit
and its conditions of approval, pursuant to Section
12- 16 -10, Amendment Procedures, Vail Town
The Vail Daily is an accepted legal advertising medium,
Code, to allow for the continued temporary use of
STATE OF COLORADO }
the tennis facility for conferences and conventions,
located at 1300 Westhaven Drive /Cascade Village
(Special Development District No. 4, Cascade Vil-
}ss
Iage, Area A), and setting forth details in regard
I
thereto. (PEC130040)
COUNTY OF EAGLE }
Applicant: Vail Cascade Resort and Spa, repre-
sented by Don MacLachlan
Planner: Joe Batcheller
I, Don Rogers, do solemnly swear that I am a qualified
A request for the review of a variance from Section
12 -6D -8, Density Control, Vail Town Code, pursu-
representative ofthe Vail Daily. That the same Daily newspaper
ant to Chapter 12 -17, Variances, Vail Town Code,
to allow for two dwelling units on a nonconforming
printed, in whole or in part and published in the County
lot, located at 302 Mill Creek Circle /Lot 7, Block 1,
Vail Village Filing 1, and setting forth details in re-
of Eagle, State of Colorado, and has a general circulation
g g
gard thereto. (PEC130041)
Applicant: Williams Family Trust, represented by
Devlin Law Group
therein; that said newspaper has been published continuously
Planner: Warren Campbell
and uninterruptedly in said County of Eagle for a period of
A request for the review of a major exterior alter -
ation, pursuant to Section 12 -7H -7, Major Exterior
more than fifty -two consecutive weeks next prior to the first
Alterations or Modifications, Vail Town Code, to
allow for an addition to increase the number of ac-
publication of the annexed legal notice or advertisement and
P g
commodation units, located at 715 West Lions-
head Circle (Vail Marriott Mountain Resort) /Lot 2,
that said newspaper has published the requested legal notice
h q g
West Day Subdivision, and setting forth details in
regard thereto. Diamond Rock
Applicant: Diamond Rock Hospitality Company,
and advertisement as requested.
represented by GPSL Architects
Planner: Jonathan Spence
A request for the review of a final plat, pursuant to
The Vail Daily is an accepted legal advertising medium,
Chapter 13 -4, Minor Subdivisions, Vail Town Code,
to allow for the creation of Lots 2E and 2W, Block
1, Vail Lionshead Filing 2, located at 250 South
only or jurisdictions operating under Colorado's Home Frontage Road West /Lot 2, Block 1, Vail Lions -
3 p g head Filing 2, and setting forth details in regard
Rule provision. thereto. (PEC130043)
1� Applicant: HCT Development, LLC, represented by
TJ Brink
Planner: George Ruther
That the annexed legal notice or advertisement was The applications and information about the propos-
als are available for public inspection during office
published in the regular and entire issue of every hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
number of said daily for the period of I public is invited to attend site visits. Please call
Y h 970 - 479 -2138 for additional information.
consecutive insertions; and that the first publication of said Sign language interpretation is available upon re-
quest, with 24 -hour notification. Please call
notice was in the issue of said newspaper dated 12/27/2013 and 970- 479 -2356, Telephone for the Hearing Im-
that the last publication of said notice was dated 12/27/2013 paired, for information.
Published December 27, 2013, in the Vail Daily.
in the issue of said newspaper. (9815866)
In witness whereof, I have here unto set my hand this day,
01/03/2014.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 01/03/2014.
� 2m.&& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt -ARP$
My Commismn Expires 11/0112015
Ad Name: 9860946D
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account number is- 1 OP2P 33
Vail Daily
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty -two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 1/10/2014 and
that the last publication of said notice was dated 1/10/2014 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
01/15/2014.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 01/15/2014.
� 2m.&& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt -ARP$
My Commission Expires 11/0112015
PLANNING AND ENVIRONMENTAL
COMMISSION
January 13, 2014 at 1:00pm
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERSPRESENT MEMBERSABSENT
Site Visit: 45 minutes
1. Casolar Del Norte - 1183 and 1191 Casolar Del Norte Drive
2. Vail Marnott Mountain Resort - 715 West Lionshead Circle
5 minutes
1 A report to the Planning and Environmental Commission on the administrators approval of an amend-
ment to an existing conditional use permit and its conditions of approval, pursuant to Section 12- 16 -10,
Amendment Procedures, Vail Town Code, to allow for the continued temporary use of the tennis facility for
conferences and conventions, located at 1300 Westhaven Dnve /Cascade Village (Special Development
Distnct No, 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Joe Batcheller
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
20 minutes
2. A request for the review of a final plat, ppursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code,
to allow for the creation of Lots 2E and 2W, Block 1, Vail Lionshead Filing 2, located at 250 South Front-
age Road West /Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto.
(PEC130043)
Applicant: HCT Development, LLC, represented by TJ Bnnk
Planner: George Ruther
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
20 minutes
3. A request for the review of a variance from Section 12 -6D -8, Density Control, Vail Town Code, pursu-
ant to Chapter 12:17, Varances, Vail Town Code, to allow for two dwelling units on a nonconforming lot,
located at 302 Mill Creek Circle /Lot 7, Block 1, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC130041)
Applicant: Williams Family Trust, represented by Devlin Law Group
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
15 minutes
4. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures,
Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del
Norte Dnve /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038)
Applicant: Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION:
MOTION: SECOND:VOTE:
CONDITION(S):
15 minutes
5. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre
to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte
Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010)
Applicant Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION:
MOTION: SECOND:VOTE:
CONDITION(S):
30 minutes
6. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Extenor Alte-
rations or Modifications, Vail Town Code, to allow for an addition to increase the number of accommoda-
tion units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort) /Lot 1, West Day
Subdivision, and setting forth details in regard thereto. (PEC130042)
Applicant: Diamond Rock Hospitality Company, represented by GPSL Architects
Planner: Jonathan Spence
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
7. 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 February 24, 2014
MOTION: SECOND:VOTE:
8. 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, Varances, 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 March 10, 2014
MOTION: SECOND: VOTE:
9 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 March 10, 2014
MOTION: SECOND:VOTE:
10. Approval of December 16, 2013 minutes
MOTION: SECOND: VOTE:
11. Information Update
12. 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 and Environmental
Commission will consider an item. Please call (970) 479 -2138 for additional information. Sign language
interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone
for the Hearing Impaired, for information.
Community Development Department
Published January 10, 2014 in the Vail Daily. (9860946)