HomeMy WebLinkAbout2019-06-10 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl June 10, 2019, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
Present: Pam Hopkins, Karen Perez, Brian Stockmar, Brian Gillette, Rollie
Kjesbo, John Ryan Lockman
Absent: Ludwig Kurz
1.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advice 30 min.
on specific legal questions, regarding quasi-judicial decision making.
Brian Gillette moved to convene in Executive Session. Pam Hopkins
seconded the motion and it passed (6-0).
Absent: (1) Kurz
Karen Perez moved to adjourn Executive Session. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Kurz
1.2. Actions resulting from Executive Session 5 min.
2. Site Visits
2.1. 2699 Davos Trail - Mexamer Davos LLC
3. Main Agenda
3.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an 45 min.
interpretation by the Administrator of the Community Development
Department concerning Section 12-10-4: Additions or Changes, Vail Town
Code, regarding parking requirements for a redevelopment project, located
at 616 West Lionshead Circle/Lot 1, Vail Lionshead Filing 4 (Concert Hall
Plaza), and setting forth details in regards thereto. (TC19-0003)
Applicant: Hughes Land Holding Trust, represented by Pierce Architects
Planner: Chris Neubecker
Mr. Neubecker reviewed the appeal application and provided the
commission with staff's interpretation of the Town Code.
There was a discussion regarding the difference between an addition and
new construction and the role each plays in triggering parking
requirements.
Mr. Neubecker stated that parking would not be required for the portion of
the building to remain, but would be required for the addition or new
construction.
Chairman Stockmar stated that a demo/rebuild is an addition by scraping
a substantial portion of a building and creating new construction in place of
the structure that was demolished. Mr. Stockmar clarified that the
foundation will remain.
Mr. Neubecker affirmed Mr. Stockmar's characterization and reiterated
that parking will only be required for the portion of new construction.
Mr. Lockman confirmed that under their review was staff's interpretation of
the code and not a specific project. Upon inquiry from Mr. Lockman, Mr.
Neubecker confirmed this understanding, but that their decision may
impact future applications.
Mr. William Pierce on behalf of the Hughes Land Trust, provided a
presentation. Mr. Pierce read from Mr. Neubecker's memo. Mr. Pierce
stated that they intend to construct new residential units and plan to provide
parking for those units.
Mr. Pierce argued that they are decreasing the demand for parking. Mr.
Pierce stated this discussion precipitated from their desire to lower the
pedestrian walkway level to be at the same elevation as the bus drop off.
He stated that they would like to eliminate the grade change from the bus
drop off to pedestrian walk-through level of the building.
Mr. Pierce stated the existing foundation is in good shape and would like to
utilize it.
Upon inquiry from Ms. Hopkins, Mr. Pierce described the grade of the site
and how they would like to lower the grade to remove the steps to allow for
pedestrian flow. Mr. Pierce stated that an entire set of steps on the east
side could be removed as a result of lowering the grade.
Mr. Pierce stated that they are proposing to use mechanized parking on
the site. Utilizing sheet A0.00.2 showing cubic volume of the building, Mr.
Pierce described the volume being removed and being maintained.
Mr. Pierce showed an image of 288 Bridge Street and stated that it was an
example of a demolition project. He stated at the time it was not considered
a demo/rebuild. He then reviewed the parking requirements and payment -
in -lieu for 288 Bridge Street.
Mr. Pierce then discussed Golden Peak renovation and stated it is similar
to the Concert Hall Plaza.
Mr. Pierce then reviewed the plans for the Landmark and stated that
parking was never provided. He then reviewed the Lionshead Master Plan
and stated they plan to provide all required parking for new uses.
Commissioner Stockmar called for public comments.
There were no public comments.
Mr. Neubecker stated that the code does not refer to volume of a building,
it refers to floor area. He noted that they are essentially removing the
building and then infilling into the existing foundation area.
Upon inquiry from Commissioner Gillette, Mr. Neubecker stated all the
floor area will be removed
There was a discussion regarding other options available to meet the
parking requirement.
Mr. Pierce stated that they are reducing the number of parking spaces and
for that reason they are reducing the parking demand.
Mr. Lockman stated the key point is that while the foundation is remaining
the space above is being removed.
Mr. Pierce stated that Mr. Neubecker's memo refers to redevelopment.
Mr. Lockman stated that Section 12-10-4, Addition or Changes, was
interpreted correctly by town staff. He noted that while the foundation
remains, this is a rebuild and parking needs to be provided.
Ms. Hopkins concurred with Mr. Lockman.
Ms. Perez concurred and stated that this is a new build even though the
foundation remains intact. She advised the applicant to explore one of the
other remedies available in the code to address parking.
Mr. Gillette stated it comes down to whether or not this is a new building or
an existing building and it is not quantified. Mr. Pierce confirmed there is
no existing GRFA, however, there is floor area.
Mr. Neubecker read Section 12-10-4 into the record.
Mr. Gillette stated the PEC must decide if this is an existing building or not.
Mr. Gillette stated there was a purpose the code was written this way.
Mr. Kjesbo stated that it is an existing building, with a change in use and
destroying the retail that is existing. He stated he is inclined to agree that
this is an addition or enlargement of an existing building and stated the
code's intent is for parking to be provided for the new area. He noted that
floor area or GRFA is not included in the section.
Mr. Spence stated that the applicant could propose a text amendment to
clarify the current code.
Mr. Stockmar stated that the existing code is insufficient to make a
determination on its face. Mr. Stockmar noted the constraints the board
operates under, the board is unable to expand the code or create a new
category. He concurred with the majority of commissioners. Mr. Stockmar
stated that the board does not have the flexibility or power to create new
language. He noted that his vote would be to uphold the staff determination.
Rollie Kjesbo moved to uphold the Administrator's Determination. John -Ryan
Lockman seconded the motion and it passed (5-1).
Ayes: (5) Hopkins, Kjesbo, Lockman, Perez, Stockmar
Nays: (1) Gillette
Absent: (1) Kurz
3.2. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail 45 min.
Town Code, in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for a variance to the front setback of 20
feet for a new Two -Family residential building, located at 2699 Davos
Trail/Lot 16, Block B, Vail Ridge Subdivision, and setting forth details in
regard thereto. (PEC 19-0015)
Applicant: Mexamer Davos LLC, represented by Scott S. Turnipseed AIA
Planner: Chris Neubecker
Mr. Neubecker presented the application. He noted that the code has
provisions for garages on steep lot, with grades of 30% or greater. He
stated that moving the structure around on the property has implications for
site disturbance. He further stated that evidence has not been provided to
demonstrate the lot as undevelopable. He noted that a previous subdivision
and lot line adjustment is creating constraints on the lot.
Mr. Stockmar asked if the garage has minimal setback and that the code
does not allow for an extension of that plane above the garage to include
any GRFA above.
Mr. Neubecker confirmed that GRFA or living space is not allowed above
the garage in the setback.
Mr. Glenn Harakal, architect with Scott Turnipseed Architecture, presented
the request for the variance. He noted the edge of the existing access
easement for the existing garage. Using a site plan, Mr. Harakal
demonstrated where the garage is sited.
Mr. Harakal stated that they are asking for variance because the last DRB
meeting where the DRB liked the structure with one negative comment
being that it appeared that the building as artificially pushed back into the
hillside.
Mr. Harakal stated that the building will be 30' into the ground if they went
to a 20' front setback. He described the parking and stairs at the property
across the street and noted they dealt with a similar condition.
Chairman Stockmar called for public comment.
Randy Fisher, owner of lot 17, stated the he re -subdivided the property in
1998 and the existing house he added on to was not needed. He
subdivided the property to show that a house could be built in compliance
on Lot 16. He noted that there is another way to develop the property and
argued that it can be done and has developed other properties in
compliance. He noted that he has investigated what it would take to develop
the house and described how. He stated he is concerned because it
impacts the value of his property. He noted there are other issues involved
but if you're going to allow variances at the end of subdivision, then some
thought should be given to creating an access the spur. He stated it's a
dangerous situation because large trucks are forced to back out. Mr.
Fisher stated that the existing dangerous condition would be exacerbated
by a structure in the setback. He asked the board to consider the
ramifications of bringing a building closer to the street. He stated he was
not notified of the meeting and would like to have time to prepare and would
like more opportunity.
Jay Nobrega, representing the developers, stated a concept was
presented to the DRB that did not required a variance but moving it
forward offers a superior design and argued that there has been
reasonable allowances made.
Mr. Harakal stated he looked up all the adjacent properties and provided
the town with stamped envelopes for public notice.
Mr. Neubecker stated that a comment was made that the building would
look better, which is not a variance criteria. He further noted that other
properties may have been granted variances, however, each application
must stand on its own. Mr. Neubecker noted that the code does not limit
the length of retaining walls. He noted that he did not know the impact to
the site if they split and moved the upper portion back, which may increase
site coverage. He stated site coverage would be a separate issue.
Upon inquiry from Mr. Gillette, Mr. Neubecker stated that the DRB may
approve a garage in the front setback on a steep slope.
Mr. Kjesbo stated that the applicant stated the house can be built without
variances and noted that with new construction the design must be to the
lot and not require variances to make it work. The garage could be in the
setback and noted that he would not support a variance for GRFA in the
front setback. He further noted that this may be too much house for the lot
and a single-family structure may be more appropriate. He noted for those
reasons he cannot support the variance request.
Mr. Gillette concurred with Mr. Kjesbo and noted that the orientation of the
house is contrived and when compared with the lot, it does not make
sense.
Ms. Perez stated that the role of the PEC is to see if it meets the criteria.
She noted that its unique in the steepness, the code provides relief with
respect for the garage and retaining walls at the DRB level. She noted the
grant of a variance would be a special privilege.
Ms. Hopkins concurred and noted that the site coverage may be difficult to
reach may be that the structure is too big for the lot.
Mr. Lockman concurred with Mr. Kjesbo and did not feel the criteria had
been met.
Mr. Stockmar echoed the comments from the other commissioners. He
noted page 8 of the staff memo, that essentially the relationship of the
requested variance that the proposed location of the home would have
negative impacts on other structures in the vicinity. He noted that a
variance grant would be a grant of special privilege, particularly because
the applicant has stated that there are alternative options that would meet
the requirements of the code.
Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it
passed (6-0).
Absent: (1) Kurz
3.3. A worksession to discuss a zoning code text amendment, pursuant to 45 min.
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations
amendments to Title 12, Zoning Regulations, Vail Town Code, to update
definitions, including the removal of redundant definitions, the consolidation
of definitions defined multiple times, relocation of 20% hardscaping standard
to Title 14 and amendment to the landscaping regulation to allow up to 20%
permeable hardscaped space, and setting forth details in regard thereto.
(PEC19-0017)
Applicant: Town of Vail
Planner: Ashley Clark
Ms. Clark introduced the proposed text amendments. There are areas of
the code that can be cleaned up. Issues are arranged in the memo in
order of easiest to most complicated issues. No formal action is being
requested today. We will take these proposed changes to the DRB before
returning to the PEC on June 24. We are looking for feedback from the
PEC on the ideas proposed so far. Also, Pete Wadden, Watershed
Education Coordinator, is present to answer questions about landscaping.
Stockmar — Let's make this a back and forth discussion.
Gillette — Please point out when you get to the issues raised by Dominic
Mauriello in his email to the PEC.
Clark — Discussed elements of the code that are duplicated or the same in
both Title 12 and Title 14. These are Category 1 changes. Category 2
changes — These are duplicated, but with different language
Stockmar- Should we consider creating one section of the code with
definitions?
Clark — In some cases, the terms are very technical, and are specific to
design related issues.
Perez —Add a reference to state that any definitions not found in this
section, please refer to another code section.
Clark — I n a few sections of the code, there are regulations in the
definitions. She reviewed definitions of dwelling unit, and employee
housing units. Also, we can not regulate satellite dishes, and so this should
be removed from the code. Site Coverage has two methods for measuring;
we recommend removing the definition in Title 14, and keeping it in Title
12.
Stockmar — I have seen properties underground that were allowed to be
built to the property line.
Clark — Discussed definitions of slope, difference between Title 12 and
Title 14.
The Commission wanted to ensure that any place there is not a definition
in one Title, that a reference be added to guide people to other Title where
definitions sit.
Clark — Reviewed Category 3 definitions, including Administrator and Vail
Comprehensive Plan.
Gillette — We have a lot of master plans that make up the Comprehensive
Plans. Should we just refer to this as the Town Master Plan?
Clark reviewed Category 4 definitions — Definition of Landscaping and
Landscape area, needs to be fixed. Language on 20% of the core
development areas needs to be addressed.
Stockmar — Does the code differentiate between natural, untouched areas,
and landscaped areas? We have some regulations on riparian areas.
Pete Wadden discussed the goals of improving Gore Creek water quality,
which includes reducing impervious areas.
Gillette — Concerned about existing hardscape that was counted as
landscaping, as mentioned by Mauriello in his email. We should have an
exception for existing impervious hardscape that was previously counted as
landscaping.
Gillette — Is a drip though deck pervious, or impervious? What about gravel
drives? How do people demonstrate that something is pervious? The cost
of pervious pavers and patios is cost prohibitive.
Clark showed examples of projects that were able to meet their landscaping
without needing to use any hardscape to meet the code. None of the
projects she has worked on since arriving at the Town needed to use
hardscaping to meet their required landscaping.
Stockmar — The Town's goal is to get water to percolate through the ground
before running to the creeks, to improve water quality.
Wadden — The Gore Creek Action Plan directs staff to work to reduce
impervious surfaces.
Gillette — I think the smaller lots and need for hardscape is more prevalent
than you are indicating today.
Clark — I will do some more research on smaller lots, and some of the lots
Mr. Gillette has worked on.
4. Approval of Minutes
4.1. PEC Results May 13, 2019
Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it
passed (5-0).
Abstain: (1) Lockman
Absent: (1) Kurz
5. Adjournment
Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it
passed (6-0).
Absent: (1) Kurz
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. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: June 10, 2019
ITEM/TOPIC:
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an interpretation by the Administrator of the Community
Development Department concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding parking requirements for a
redevelopment project, located at 616 West Lionshead Circle/Lot 1, Vail Lionshead Filing 4 (Concert Hall Plaza), and setting forth
details in regards thereto. (TC19-0003)
ATTACHMENTS:
File Name Description
TC19-0003 Appeal - Staff Memo.pdf TC19-0003 - Appeal - Staff Memo
Attachment A - Administrators Interpretation Letter April 11 2019.pdf Attachment A - Administrator's Interpretation
Attachment B - Written Notice of Appeal April 29 2019.pdf Attachment B - Written Notice of Appeal
Attachment C - PEC proof of notice 061019.pdf Attachment C - Proof of Public Notice
Attachment D - Concert Hall Plaza - Applicants Exhibits and Plans.pdf Attachment D -Applicants Exhibits and Plans
TOWN OF
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 10, 2019
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an
interpretation by the Administrator of the Community Development Department
concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding
parking requirements for a redevelopment project located at 616 West Lionshead
Circle/Lot 1, Vail Lionshead Filing 4 (Concert Hall Plaza), and setting forth details
in regards thereto. (TC19-0003)
Appellant: Hughes Land Holding Trust, represented by Pierce Architects
Planner: Chris Neubecker
SUBJECT PROPERTY
The subject property is Concert Hall Plaza, located at 616 W. Lionshead Circle, Lot 1,
Vail Lionshead Filing 4.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3 B, Appeal of Administrative Actions: Authority, the Planning
and Environmental Commission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any town administrative official with
respect to the provisions of Title 12, Zoning Regulations, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Section 12-3-3 131, Appeal of Administrative Actions, Initiation and
Procedures, and Section 12-3-3 132, Procedures, Vail Town Code, there are three basic
procedural criteria for an appeal:
IV.
V.
A. Standing of the Appellants
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the appellant, Hughes
Land Holding Trust, has standing as an aggrieved or adversely affected party to
appeal the Administrator's decision of April 11, 2019. The appellant is a property
owner with the property that is the subject of the decision and appeal. .
B. Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Planning and Environmental Commission
hearing was sent to the local newspaper on May 22, 2019 and published on May
24, 2019, pursuant to Section 12-3-3 B3, Procedures, Vail Town Code.
(Attachment C)
C. Timeliness of the Notice of Appeal
Section 12-3-3 B-3, Procedures, Vail Town Code, requires a written notice of
appeals to be filed with the Administrator within twenty (20) calendar days of the
Administrator's decision. On April 29, 2019, the appellant filed an appeal of the
Administrator's April 11, 2019 decision. (Attachment B).
SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Were the requirements of the Vail Town Code, specifically Section 12-14-10,
Additions or Changes, properly applied by the Administrator in the decision to
require parking to be provided for the portion of a building which is removed and
redeveloped, as well as for any new commercial floor area or residential units,
and further that the provision of parking will not be exempt for any removal and
redevelopment of commercial space?
Pursuant to Section 12-3-3, Appeals,
Commission shall uphold, uphold with
decision of April 11, 2019.
BACKGROUND
Vail Town Code, the Planning and Environmental
modifications, or overturn the Administrator's
On April 11, 2019, the Community Development Department staff met with Bill
Pierce and Kit Austin of Pierce Architects to discuss a possible redevelopment of
Concert Hall Plaza. During that meeting, Mr. Pierce explained that the developer
would like to remove most of the existing building but maintain the lower level
and the existing foundation of the building. A new development would then be
constructed above the existing foundation and lower level.
Town of Vail
Page 2
At the same meeting, Community Development Department staff indicated that
parking for any new construction would be required to be provided per the
requirements of Title 12, Chapter 10, Parking, Vail Town Code. Staff indicated
that Section 12-10-4, Additions of Changes, would not exempt the portion of the
building that is removed and rebuilt, but would only apply to the portion of the
building that remains.
Following is the section of the Vail Town Code in question:
12-10-4: ADDITIONS OR CHANGES.-
For
HANGES:
For additions or enlargements of any existing building or change of use that would
increase the total number of parking spaces required, the additional parking shall be
required only for such addition, enlargement or change and not for the entire building or
use.
On April 11, 2019, Chris Neubecker, Planning Manager, provided a written
interpretation of the Town Code to Pierce Architects concerning parking for
additions or changes.
On April 29, 2019, Kim Hughes of Hughes Land Holding Trust provided a written
appeal of the staff decision on Section 12-10-4.
VI. APPLICABLE DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
12-2-2: DEFINITIONS OF WORDS AND TERMS:
DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more
of the gross residential floor area of an existing dwelling unit or structure. The
determination of the fifty percent (50%) shall be calculated upon "gross residential floor
area" as defined in this section.
Chapter 10, Off Street Parking and Loading
12-10-1: PURPOSE.-
In
URPOSE:
In order to alleviate progressively or to prevent traffic congestion and shortage of on
street parking areas, off street parking and loading facilities shall be provided incidental
to new structures, enlargements of existing structures or a conversion to a new use
which requires additional parking under this chapter. The number of parking spaces and
Town of Vail Page 3
loading berths prescribed in this chapter shall be in proportion to the need for such
facilities created by the particular type of use. Off street parking and loading areas are
to be designed, maintained and operated in a manner that will ensure their usefulness,
protect the public safety, and, where appropriate, insulate surrounding land uses from
their impact. In certain districts, all or a portion of the parking spaces prescribed by this
chapter are required to be within the main building in order to avoid or to minimize the
adverse visual impact of large concentrations or exposed parking and of separate
garage or carport structures. (Ord. 26(1982) § 1: Ord. 19(19 76) § 12: Ord. 8(19 73) §
14.100)
12-10-2: APPLICABILITY:
Off street parking and loading space shall be provided for any new building, for any
addition or enlargement of an existing building or for any conversion of uses which
requires additional parking under this chapter. (Ord. 26(1982) § 2: Ord. 19(19 76) § 12.-
Ord.
2:Ord. 8(1973) § 14.200)
12-10-3: EXISTING FACILITIES.-
Off
ACILITIES:
Off street parking and loading facilities used for off street parking and loading on the
effective date hereof shall not be reduced in capacity to less than the number of spaces
prescribed in this chapter, or reduced in area or number to less than the minimum
standards prescribed in this chapter. (Ord. 26(1982) § 3: Ord. 19(1976) § 12: Ord.
8(1973) § 14.201)
12-10-4: ADDITIONS OR CHANGES.-
For
HANGES:
For additions or enlargements of any existing building or change of use that would
increase the total number of parking spaces required, the additional parking shall be
required only for such addition, enlargement or change and not for the entire building or
use. (Ord. 19(1976) § 12: Ord. 8(1973) § 14.202)
12-10-5: CONSTRUCTION AND MAINTENANCE.-
All
AINTENANCE:
All off street parking and loading facilities required by this chapter shall be constructed
and maintained in accordance with the minimum standards for such facilities prescribed
by this chapter, and shall be maintained free of accumulated snow or other materials
preventing full use and occupancy of the facilities in accordance with the intent of this
chapter, except for temporary periods of short duration in event of heavy or unusual
snowfall. (Ord. 8(1973) § 14.300)
12-10-6: PARKING, OFF SITE AND JOINT FACILITIES:
All parking and loading facilities required by this chapter shall be located on the same
site as the use for which they are required, provided that the town council may permit off
site or jointly used parking facilities if located within three hundred feet (300) of the use
Town of Vail Page 4
served. Authority to permit off site or joint parking facilities shall not extend to parking
spaces required by this title to be located within the main building on a site, but may
extend to parking spaces permitted to be unenclosed. Prior to permitting off site or joint
parking facilities, the council shall determine that the proposed location of the parking
facilities and the prospective operation and maintenance of the facilities will fulfill the
purposes of this chapter, will be as usable and convenient as parking facilities located
on the site of the use, and will not cause traffic congestion or an unsightly concentration
of parked cars. The council may require such legal instruments as it deems necessary
to ensure unified operation and control of joint parking facilities or to ensure the
continuation of such facilities, including evidence of ownership, long term lease, or
easement. (Ord. 29(2005) § 29: Ord. 8(1973) § 14.400)
12-10-7: STANDARDS, AUTHORITY TO ADJUST.
Parking standards shall be those provided in title 14 of this code. The standards set
out in title 14 of this code shall govern the design and construction of all off street
parking and loading facilities, whether required by this chapter or provided in addition to
the requirements of this chapter. Minor adjustments of the dimensions prescribed in this
chapter may be authorized by the administrator if consistent with generally recognized
design standards for off street parking and loading facilities. (Ord. 29(2005) § 29: Ord.
22(1999) § 3: Ord. 8(1973) § 14.500)
12-10-8: PARKING STANDARDS.-
(Rep.
TANDARDS:
(Rep. by Ord. 22(1999) § 4)
12-10-9: LOADING STANDARDS.-
Standards
TANDARDS:
Standards for off street loading shall be as follows.-
A.
ollows:
A. Location: All off street loading berths shall be located on the same lot as the use
served, but not in the required front setback. Off street loading berths shall be provided
in addition to required off street parking and shall not be located within accessways.
B. Size: Each required loading berth shall be not less than twelve feet (12) wide, thirty
five feet (35) long, and if enclosed and/or covered, fourteen feet (14) high. Adequate
turning and maneuvering space shall be provided within the lot lines. At the planning
and environmental commission's discretion, variations to the minimum loading berth
dimension standards outlined above may be approved or required, subject to the
planning and environmental commission finding that such variation is necessary to
prevent negative impacts to the public right of way.
C. Access: Accessways not less than ten feet (10) or more than twenty feet (20) in
width shall connect all loading berths to a street or alley. Such accessways may
coincide with accessways to parking facilities. (Ord. 29(2005) § 29: Ord. 11(2003) § I.-
Ord.
:Ord. 26(1982) § 5: Ord. 8(1973) § 14.502)
Town of Vail Page 5
12-10-10: PARKING REQUIREMENTS SCHEDULES.-
Off
CHEDULES:
Off street parking requirements shall be determined in accordance with the following
schedules.-
A.
chedules:
A. Schedule A applies to properties within Vail's "commercial core areas" (as
defined on the town of Vail core area parking maps I and 11, incorporated by
reference and available for inspection in the office of the town clerk).-
Use
lerk):
Use
Parking Requirements
Accommodation unit
0.7 space per accommodation unit. Hotels with conference
facilities or meeting rooms 0.7 space per accommodation
unit, plus 1.0 space per 330 square feet of seating floor area
devoted to conference facilities or meeting rooms
Banks and financial institutions
3.7 spaces per 1,000 square feet of net floor area
Dwelling unit
1.4 spaces per dwelling unit
Dwelling unit with 1 attached
1.4 spaces per dwelling unit
accommodation unit
Dwelling unit with more than 1 attached
1.4 spaces per dwelling unit plus 0.7 space for each
accommodation unit
additional attached accommodation unit
Eating and drinking establishments
1.0 space per 250 square feet of seating floor area;
minimum of 2 spaces
Fractional fee club unit
0.7 space per fractional fee club unit. Hotels with conference
facilities or meeting rooms 0.7 space per fractional fee club
unit, plus 1.0 space per 330 square feet of seating floor area
devoted to conference facilities or meeting rooms
Medical and dental offices
2.7 spaces per 1,000 square feet of net floor area
Other professional and business offices
2.7 spaces per 1,000 square feet of net floor area
Recreational facilities, public or private
Parking requirements to be determined by the planning and
environmental commission
Retail stores, personal services and
2.3 spaces per 1,000 square feet of net floor area
repair shops
Theaters, meeting rooms, conference
1.0 space per 165 square feet of seating floor area
facilities
Timeshare units
0.7 space per timeshare unit. Hotels with conference
facilities or meeting rooms 0.7 space per timeshare unit, plus
1.0 space per 330 square feet of seating floor area devoted
to conference facilities or meeting rooms
Any use not listed
Parking requirements to be determined by the planning and
environmental commission
Town of Vail Page 6
B. Schedule 8 applies to all properties outside Vail's "commercial core areas" (as
defined on the town of Vail core area parking maps 1 and 11, incorporated by
reference and available for inspection in the office of the town clerk).-
Use
lerk):
Use
Parking Requirements
Accommodation unit
0.4 space per accommodation unit, plus 0.1 space per each
100 square feet of gross residential floor area, with a
maximum of 1.0 space per unit
Banks and financial institutions
1 space per 200 square feet of net floor area
Eating and drinking establishments
1 space per 120 square feet of seating floor area
Fractional fee club unit
0.7 space per fractional fee club unit. Hotels with conference
facilities or meeting rooms 0.7 space per fractional fee club
unit, plus 1.0 space per 330 square feet of seating floor area
devoted to conference facilities or meeting rooms
Hospitals
1 space per patient bed, plus 1.0 space per 150 square feet
of net floor area
Limited service lodge unit
0.7 space per limited service lodge unit
Medical and dental offices
1 space per 200 square feet of net floor area
Multiple -family dwellings
If a dwelling unit's gross residential floor area is 500 square
feet or less: 1.5 spaces
If a dwelling unit's gross residential floor area is more than
500 square feet, but less than 2,000 square feet: 2 spaces
If a dwelling unit's gross residential floor area is 2,000
square feet or more: 2.5 spaces
Other professional and business offices
1 space per 250 square feet of net floor area
Quick service food/convenience stores
1.0 space per each 200 square feet of net floor area for the
first 1,000 square feet of net floor area: 1.0 space per 300
square feet for net floor area above 1,000 square feet
Recreational facilities, public or private
Parking requirements to be determined by the planning and
environmental commission
Retail stores, personal services and
1 space per each 300 square feet of net floor area
repair shops
Single-family and two-family dwellings
If a dwelling unit's gross residential floor area is less than
2,000 square feet: 2 spaces
If a dwelling unit's gross residential floor area is 2,000
square feet or more, but less than 4,000 square feet: 3
spaces
If a dwelling unit's gross residential floor area is 4,000
square feet or more, but less than 5,500 square feet: 4
spaces
Town of Vail Page 7
12-10-11: PARKING SCHEDULE APPLICABILITY:
Where fractional requirements result from application of the schedule, the fraction shall
be raised to the next whole number. (Ord. 50(1978) § 10)
12-10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES:
Where a single parking facility serves more than one use, the total parking requirement
for all uses may be reduced in accordance with the following schedule.-
Total
chedule:
Total Requirement
Determined Per
Section 12-10-10
1 to 100 spaces
101 to 200 spaces
201 to 300 spaces
301 to 400 spaces
Permitted Reduction
To Determine Multiple
Use Parking Requirement
No reduction
2.5 percent
F5.0 percent
F7.5 percent
401 to 500 spaces
If a dwelling unit's gross residential floor area is 5,500
501 to 600 spaces
square feet or more: 5 spaces
Theaters, meeting rooms, convention
1 space per 120 square feet of seating floor area
facilities
17.5 percent
Timeshare units
0.7 space per timeshare unit. Hotels with conference
901 to 1,000 spaces
facilities or meeting rooms 0.7 space per timeshare unit, plus
Over 1,000 spaces
1.0 space per 330 square feet of seating floor area devoted
to conference facilities or meeting rooms
Any use not listed
Parking requirements to be determined by the planning and
environmental commission
12-10-11: PARKING SCHEDULE APPLICABILITY:
Where fractional requirements result from application of the schedule, the fraction shall
be raised to the next whole number. (Ord. 50(1978) § 10)
12-10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES:
Where a single parking facility serves more than one use, the total parking requirement
for all uses may be reduced in accordance with the following schedule.-
Total
chedule:
Total Requirement
Determined Per
Section 12-10-10
1 to 100 spaces
101 to 200 spaces
201 to 300 spaces
301 to 400 spaces
Permitted Reduction
To Determine Multiple
Use Parking Requirement
No reduction
2.5 percent
F5.0 percent
F7.5 percent
401 to 500 spaces
110.0 percent
501 to 600 spaces
112.5 percent
601 to 700 spaces
115.0 percent
701 to 800 spaces
17.5 percent
801 to 900 spaces
20.0 percent
901 to 1,000 spaces
122.5 percent
Over 1,000 spaces
125.0 percent
(Ord. 8(1973) § 14.603)
12-10-13: LOADING REQUIREMENTS SCHEDULE.-
Town
CHEDULE:
Town of Vail Page 8
Off street loading requirements shall be determined in accordance with the following
schedule.-
Use
chedule:
Use
Loadinq Requirement
Lodges with over 10,000
1 loading berth for uses up to 75,000 square feet total
square feet total floor area,
floor area, plus 1 additional berth for each 25,000 square
including accessory uses
feet total floor area in excess of 75, 000 square feet
within the lodge
Multiple -family dwellings
1 loading berth for uses up to 100, 000 square feet gross
with over 20, 000 square
residential floor area, plus 1 additional berth for each
feet gross residential floor
50, 000 square feet gross residential floor area in excess
area
of 100,000 square feet
Professional and business
1 loading berth
offices, banks, and
financial institutions with
over 10,000 square feet
total floor area
Retail stores, personal
1 loading berth for uses up to 10, 000 square feet total
services, repair shops,
floor area, plus 1 additional berth for each 5, 000 square
eating and drinking
feet total floor area in excess of 10, 000 square feet
establishments and all
other commercial or
service uses with over
2, 000 square feet total floor
area
Any use listed as a
Loading facilities requirement to be determined by the
conditional use
planning and environmental commission as a condition of
the conditional use permit, but not less than the
comparable requirement prescribed above
Any use not listed, if such
1 loading berth, plus additional berths prescribed by the
use required the recurring
town council upon determination of need
receipt or distribution of
goods or equipment by
truck
(Ord. 29(2005) § 29: Ord. 8(1973) § 14.701)
12-10-14: LOADING SCHEDULE APPLICABILITY:
Where fractional requirements result from application of the schedule, the fraction shall
be raised to the next whole number. (Ord. 50(1978) § 10)
12-10-15: CREDIT FOR MULTIPLE USE LOADING FACILITIES.-
Town
ACILITIES:
Town of Vail Page 9
Where a single off street loading facility serves more than one use, the number of off
street loading berths may be reduced in accordance with the following schedule.-
Total
chedule:
Total Requirement
Reduced
Determined Per
Requirement With
Section 12-10-13
Multiple Use
1 berth
1 berth
2 berths
1 berth
3 berths
F-2 berths
4 berths
—2berths
5 berths
3 berths
6 berths
F 3 berths
7 berths
I 4 berths
8 berths
I rths
9 or more berths
:L5berth:s:::J
(Ord. 8(1973) § 14.703)
12-10-16: EXEMPT AREAS, PARKING FUND ESTABLISHED.-
A.
STABLISHED:
A. Criteria: The Town Council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the off
street parking and loading needs of all uses in the area. Prior to exempting any area
from the off street parking and loading requirements, the Council shall determine the
following.-
1.
ollowing:
1. That the exemption is in the interests of the area to be exempted and in the interests
of the Town at large.
2. That the exemption will not confer any special privilege or benefit upon properties or
improvements in the area to be exempted, which privilege or benefit is not conferred on
similarly situated properties elsewhere in the Town.
3. That the exemption will not be detrimental to adjacent properties or improvements in
the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community, group
or common parking facilities, for provision of adequate loading facilities and for a system
for distribution and pick up of goods, and for financing, operating and maintaining such
facilities; and that such parking, loading and distribution facilities shall be fully adequate
to meet the existing and projected needs generated by all uses in the area to be
exempted.
Town of Vail Page 10
B. Parking Fund: For projects located within the Town's "Parking Pay -In -Lieu" Zones (as
identified on the Town's official "Parking Pay -In -Lieu Zone" maps, incorporated by
reference) property owners or applicants shall be required to contribute to the Town
Parking Fund, hereby established for the purpose of meeting the demand and
requirements for vehicle parking to the extent outlined in applicable master plan
documents and the zoning regulations. At such time as any property owner or other
applicant proposes to develop or redevelop a parcel of property within an exempt area
which would require parking and/or loading areas, the owner or applicant shall pay to
the Town the parking fee hereinafter required.-
1.
equired:
1. The Parking Fund established in this section shall receive and disburse funds for the
purpose of conducting parking studies or evaluations, construction of parking facilities,
the maintenance of parking facilities, the payment of bonds or other indebtedness for
parking facilities, and administrative services relating to parking.
2. The parking fee to be paid by any owner or applicant shall be determined by the
Town Council.
3. If any parking funds have been paid in accordance with this section and if subsequent
thereto a special or general improvement district is formed and assessments levied for
the purpose of paying for parking improvements, the payer shall be credited against the
assessment with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to be
eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per
space for residential uses (including, but not limited to, accommodation units,
timeshares and fractional fee units). There is no pay in lieu fee for commercial uses.
This fee shall be automatically adjusted annually by the percentage the consumer price
index of the City of Denver has increased or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that would
increase the total number of parking spaces required, an additional parking fee will be
required only for such addition, enlargement or change and not for the entire building or
use. No refunds will be paid by the Town to the applicant or owner.
6. The owner or applicant has the option of paying the total parking fee at the time of
building permit or paying over a five (5) year period. If the latter course is taken, the first
payment shall be paid on or before the date the building permit is issued. Four (4) more
annual payments will be due to the town on the anniversary of the building permit.
Interest of ten percent (10%) per annum shall be paid by the applicant on the unpaid
balance. If the owner or applicant does choose to pay the fee over a period of time, he
or she shall be required to sign a promissory note which describes the total fee due, the
schedule of payments, and the interest due. Promissory note forms are available at the
offices of the Department of Community Development.
Town of Vail Page 11
7. When a fractional number of spaces results from the application of the requirements
schedule (section 12-10-10 of this chapter) the parking fee will be calculated using that
fraction. This applies only to the calculation of the parking fee and not for on site
requirements. (Ord. 29(2005) § 29: Ord. 4(200 1) § 2: Ord. 3(1999) § 11: Ord. 10(l 994)
§ 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord. 47(1979) § 1: Ord. 8(1973) § 14.800)
12-10-17: LEASING OF PARKING SPACES:
A. General: Except as expressly provided in this section, no person shall lease, rent,
convey or restrict the use of any parking space to any person other than a tenant,
occupant or user of the building for which the space is required.
B. Eligibility: A parking space may be leased in accordance with the following.-
1.
ollowing:
1. Zone Districts: Any person who owns or manages private parking spaces located in
the following zone districts may lease parking spaces in accordance with this section:
Commercial Core 1; Commercial Core 2; Commercial Core 3, High Density Multiple -
Family; Vail Village Townhouse, Public Accommodation, Public Accommodation 2,-
General
,General Use, Commercial Service Center; Arterial Business; Ski Base Recreation, Ski
Base Recreation 2, Lionshead Mixed Use 1; Lionshead Mixed Use 2, Parking, any
Special Development District in which one of the foregoing zone districts is the
underlying zone district, and Special Development District with no underlying zone
district, in compliance with any parking restrictions otherwise imposed by the Special
Development District.
2. Prohibited Areas: The leasing of parking spaces is prohibited in any area where
vehicle access to said parking spaces is over or through an established pedestrian mall.
3. Common Areas: The leasing of parking spaces on commonly owned property,
including without limitation common areas within a common interest community,
requires the written approval of the applicable homeowners' or condominium
association, a copy of which shall be provided to the Town prior to leasing any parking
spaces.
4. Duration: Leasing is permitted for short term parking only, and long-term storage of
vehicles is prohibited.
5. Rental Agencies: Vehicle rental agencies may lease parking spaces only in the
Commercial Core 3 Zone District, with a maximum of one lease and a maximum of
fifteen (15) parking spaces per site.
C. Required Parking: Parking required by this title for any use may not be satisfied by
the leasing of parking spaces under this section.
D. Signage: Any person leasing parking spaces under this section shall post adequate
signage on the premises to ensure that the leased parking spaces are used and
Town of Vail Page 12
occupied in accordance with the applicable lease agreement. At least one on-site sign
shall include the name and telephone number of the person to contact concerning
parking disputes.
E. Contact Information: Any person who accepts electronic reservations for the leasing
of parking spaces pursuant to this section shall include on the reservation page a
contact name and telephone number in case of any problems with the leased parking
spaces. (Ord. 15(2018) § 1)
12-10-18: VARIANCES.-
Variances
ARIANCES:
Variances from the provisions of this chapter shall follow the procedures set forth in
chapter 17 of this title. (Ord. 9(2000) § 3: Ord. 50(19 78) § 11)
12-10-19: CORE AREAS IDENTIFIED.-
Tables
DENTIFIED:
Tables 1 and 2 (core area parking maps I and 11, respectively, attached to the
ordinance codified herein, and available for inspection in the Office of the Town Clerk)
shall be used to identify properties within Vail's commercial core areas for parking
purposes. (Ord. 15(2000) § 1: Ord. 9(2000) § 4)
12-10-20: SPECIAL REVIEW PROVISIONS.-
Notwithstanding
ROVISIONS:
Notwithstanding the provisions of section 12-10-18 of this chapter, the Planning and
Environmental Commission may approve a reduction to the number of required spaces
specified in section 12-10-10 of this chapter, provided a report documenting the
presence of unique parking characteristics is provided by a qualified consultant and the
following findings are made by the Planning and Environmental Commission.-
A.
ommission:
A. The parking demand will be less than the requirements identified in section 12-10-10
of this chapter; and
B. The probable long term use of the building or structure, based on its design, will not
generate additional parking demand; and
C. The use or activity is part of a demonstrated permanent program (including, but not
limited to, "rideshare "programs, shuttle service, or staggered work shifts) intended to
reduce parking demand that has been incorporated into the project's final approved
development plan, and
D. Proximity or availability of alternative modes of transportation (including, but not
limited to, public transit or shuttle services) is significant and integral to the nature of the
use or business activity.
In reaching a decision, the Planning and Environmental Commission shall consider
survey data submitted by a qualified transportation planning or engineering consultant.
Town of Vail Page 13
Projects under "special review" are subject to additional scrutiny by the Planning and
Environmental Commission after development plan approval if it is deemed necessary
to verify continued compliance with the above listed criteria. The maximum allowable
reduction in the number of required spaces shall not exceed twenty five percent (25%)
of the total number required under section 12-10-10 of this chapter. (Ord. 29(2005) §
29: Ord. 9(2000) § 5)
12-10-21: PARKING PAY IN LIEU ZONES ESTABLISHED.-
The
STABLISHED:
The "Parking Pay In Lieu Zone" maps (attached to the ordinance codified herein, and
available for inspection in the Office of the Town Clerk) shall be used to identify
properties within the Parking Pay In Lieu Zones referenced in section 12-10-16 of this
chapter. Properties will be required to comply with the amended program upon
demolition/rebuild. Properties not included in the Pay In Lieu Zones may apply to the
Planning and Environmental Commission for review if the provision of on site parking on
the property would circumvent relevant objectives of applicable comprehensive plan
documents including, but not limited to, parking, pedestrianization, and vehicle
penetration elements. (Ord. 29(2005) § 29: Ord. 4(2001) § 3)
VII. DISCUSSION ITEMS
1. The appellant is claiming in their appeal letter that Section 12-10-4:
Additions of Changes, Vail Town Code applies to their property, which is
proposed for a major redevelopment. The Community Development Department
believes that this code section applies only to a small part of the existing
structure to be preserved.
As understood by the Community Development Department, the appellant is proposing
to demolish the upper levels of Concert Hall Plaza, and preserve the lowest part of the
building, with an addition above. Based on this understanding, staff indicated in our
code interpretation that parking must be provided for all of the new construction, but not
for the portion of the existing building that will be preserved. In this case, parking will
need to be provided for the new construction, including any portion of the existing
structure that is demolished and rebuilt; parking would not need to be provided
retroactively for the portion of the existing building that will remain.
2. Additions or Changes — The Community Development Department
considers an addition to be that portion of a project that is newly constructed
onto or attached to an existing building. When a structure (or portion of a
structure) is demolished and removed, there is a requirement to provide parking
for the new construction; in essence, the portion removed and rebuilt becomes
part of the addition, for which parking is required. This regulation is designed to
address the parking demands created by the new construction, but to relieve the
developer from curing an existing deficiency for an existing structure.
Town of Vail Page 14
A redevelopment is not and has never been considered as an addition. Redevelopment
has significant impacts that are required to be mitigated in the design and which the
applicant is attempting to avoid. Taken to its extreme, under the appellant's claim (not
staff's interpretation), an existing building with no parking could be fully demolished and
rebuilt in the same size, location and use, but provide no parking. As we know, buildings
in Vail are frequently demolished and new buildings constructed, and parking is always
required to be provided for the new construction.
3. Other Options: As part of the discussion with Pierce Architects on the
proposed development, staff provided several alternatives to providing on-site
parking that are available to the appellant through the existing code. These
options include:
A. Meet the requirement not met on-site with off-site parking, through Section 12-10-6,
Off -Site or Joint Facilities.
B. Request relief from parking requirements through the variance process as allowed by
Section 12-10-18, Variances.
C. Request a reduction in the required number of parking spaces through Section 12-10-
20: Special Review Provisions.
D. Request to participate in Parking Fee -in -Lieu program as provided for in Section 12-
10-21: Parking Pay In Lieu Zones Established.
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental
Commission shall uphold, uphold with modifications, or overturn the Administrator's
decision of April 11, 2019.
Should the Planning and Environmental Commission uphold the determination of the
Administrator, the following statement is recommended:
"The Planning and Environmental Commission upholds the April 11, 2019
interpretation by the Administrator of the Community Development Department
concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding
parking requirements for a redevelopment project located at 616 West Lionshead
Circle/Lot 1, Vail Lionshead Filing 4."
With the following findings:
"The Vail Town Code was properly applied in regard to the April 11, 2019
interpretation by the Administrator of the Community Development Department
concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding
parking requirements for a redevelopment project located at 616 West Lionshead
Circle/Lot 1, Vail Lionshead Filing 4
Town of Vail Page 15
Should the Planning and Environmental Commission overturn the determination of the
Administrator of the Community Development Department, the following statement is
recommended:
"The Planning and Environmental Commission finds as follows.-
The
ollows:
The Vail Town Code was not properly applied in regard to the April 11, 2019
interpretation by the Administrator of the Community Development Department
concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding
parking requirements for a redevelopment project located at 616 West Lionshead
Circle/Lot 1, Vail Lionshead Filing 4
The Planning and Environmental Commission hereby overturns the decision of
the interpretation by the Administrator of the Community Development
Department concerning Section 12-10-4: Additions or Changes, Vail Town Code,
regarding parking requirements for a redevelopment project located at 616 West
Lionshead Circle/Lot 1, Vail Lionshead Filing 4."
IX. ATTACHMENTS
A. Administrator's Interpretation Letter, dated April 11, 2019
B. Written Notice of Appeal — Kim Hughes, dated April 29, 2019
C. Copy of Public Notice, Proof of Publication
D. Applicant's Exhibit / Plans
Town of Vail Page 16
TOWN OF
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
April 11, 2019
Mr. Bill Pierce
Pierce Architects
1650 Fallridge Road, Suite C-1
Vail, CO 81657
Community Development Department
970.479.2138
Re: Administrator's Interpretation of Section 12-10-4: Additions or Changes, Vail Town Code
Dear Bill,
The purpose of this letter is to inform you of the Administrator's interpretation of Section 12-10-
4: Additions or Changes, Vail Town Code. For any redevelopment project where a portion of a
building is removed, parking will be required to be provided for the portion of the building which
is removed and redeveloped, as well as any new commercial floor area or residential units. The
removal and redevelopment of commercial space will not be exempt from the provision of
parking.
If you would like to appeal this determination, please provide written notice of appeal to the
Community Development Department within twenty (20) days of the date of this letter, as
required by Section 12-3-3 Appeals, Vail Town Code.
Please feel free to contact me at the number below, or at cneubecker(a-).vailgov.com.
Sincerely,
n
Chris Neubecker
Planning Manager
Community Development Department
970.479-2148
April 29, 2019
Mr. Chris Neubecker
75 South Frontage Road West
Vail, Colorado 81657
RE: Administrator's Interpretation of Section 12-10-4: Additions or Changes, Vail Town
Code
Mr. Neubecker,
As an aggrieved property owner, I am formally appealing your interpretation dated April
11th 2019 of Section 12-10-4: Additions or Changes, Vail Town Code in accordance with
Section 12-3-3.
I believe the provisions of Section 12-10-4 stated below do apply to my property at 616
West Lionshead Circle.
Section 12-10-4: Additions or Changes, Vail Town Code For additions or enlargements
of any existing building or change of use that would increase the total number of parking
spaces required, the additional parking shall be required only for such addition,
enlargement or change and not for the entire building or use. (Ord. 19(1976) § 12: Ord.
8(1973) § 14.202)
Sincerely,
Kim Hughes
Hughes Land Holding Trust
28 Anacapa St STE D
Santa Barbara, CA 93101-1881
Ad #: 0000427944-01
THIS ITEM MAY AFFECT YOUR PROPERTY
Customer: TOWN OF VAI L/PLAN DEPT/COMM DEVLM
PUBLIC NOTICE
Your account number is: 1023233
NOTICE IS HEREBY GIVEN that the Planning and
holdapubnch ar g nr=daroo hhsecfiou" 2
3-8, Vail Town Code, ,^dune 10, 2019 st 100 cis
PROOF OF PUBLICATION
n the Town of Vail Municipal Building.
VAIL DAILY
A reqq st for the review of a variance from Section
12 -6D -i l Town Code, in accordance
Setbacks, Vavisions o1 Section 12-17-1, Variances
wig the provisions
STATE OF COLORADO
Vail Town Coda, to allow for a variance to the to
guiired front setback of 2D feet for anew Two -Pointy
idenfial building, located at 2699 Davos TraiOLo
COUNTY OF EAGLE
16, Block B, Vtil Ritlge subdivision, and setting rah
Appli'cantfeg exams, am .D—a EC 1IC, 1re)presenta! b1
Scot S. Tu rnipseed AIA Architecture and Construe
I, Mark Wurzer, do solemnly swear that I am Publisher of
tion, Inc.
Planner: Chris Neubecker
the VAIL DAILY, that the same daily newspaper printed, in
An appeal, pursuant to Section 12-3-3, App-,.
n by the Adistrate
Town Ca e, olan imerpretatiomin
at the Community Development Department c
whole or in art and published in the County of Eagle,
p p g
ingg,Section 12-104: Additions or Changes, Vai
Town C de, for
)
State of Colorado, and has a general circulation therein;
regarding parking requiremonh a re
development prgect located at 616 West Lionsheac
CirdsoLot 1, Vail Lion head Fillhead4 (Concert Hall
that said newspaper has been published continuously and
Plaza), and setting iMh det.Its regards thereto
ITC19-0003)
uninterruptedly in said County of Eagle for a of
AAppellant: Hughhes Land Holding Trust, represent
ad!byPierceAr�Chris
period
Neube ker
more than fifty-two consecutive weeks next prior to the
The approa,inna and intormatio about he prop, -
first publication of the annexed legal notice or
hours ata the' To— of Vail)Cmununity Development
Department, 75 South Frontage Roel. The publlc
advertisement and that said newspaper has published the
Chad 10 are ntl site visas. Please call 970-479-
2138 or visit www'.vellaov. mount nina for addition -
requested legal notice and advertisement as requested.
alirdormatio".
SI language interpretation available upon request
wig 24-hour notification, dial 711.
Published May 24, 2019 in the Vail Dell,
The VAIL DAILY is an accepted legal advertising medium,
0000427944
only forjurisdictions 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 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 5/24/2019 and that the last
publication of said notice was dated 5/24/2019 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
5/24/2019.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
5/24/2019.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
.1Er�E �YM!J MEp!Rd�S
r rnI, eu!ru.
FiATI: Ci -0111-11
NOTMZY lil2ir�079ifIA
u`/vCfi%¢CGON:Xi'IRI:GAk3Gil57et.26x'
U)
LU
< ae
Q
d
06 00„o
LLL y
O l0 l0 a °
C
o
R LL 0
w IT
Q o
CfO
L N m
J
J
C
J J
[ Q
C F-
LU W J
o Q
O
o �
j= W
LL
O J
c u O
L H
NC/)o
a> w r
Aoa Z0 Q
LIP I - —
a
xa Q
wW
C
00 O
r�
MMX-Ia9wnN 104ad
L99L800 11VA
3�OHIO GV3HSNM M 9 L9
VZdld IIVH iHDONOO
J LL
-^ X Q
--------- -
w
W
vJ
J
WE
z�
a
oN
O>Q
Q
U)
LU
< ae
Q
d
06 00„o
LLL y
O l0 l0 a °
C
o
R LL 0
w IT
Q o
CfO
L N m
J
J
C
J J
[ Q
C F-
LU W J
o Q
O
o �
j= W
LL
O J
c u O
L H
NC/)o
a> w r
Aoa Z0 Q
LIP I - —
a
xa Q
wW
C
00 O
r�
��W/�
VJ
J LL
-^ X Q
--------- -
w
W
vJ
J
WE
z�
a
oN
O>Q
Q
LL
CC
o°
U
cr
oN
��
W nI
w
C W
IL CC
N W
OWE
c C
O GC
w a
a U
p
LLI
cc
U
Na
a
0
M N
w
Z U
N r
cc
0
N
Y
cc
(Q w
CC
Oo z
a
X 0
fncc
J
z
W
Q
W W
yCca
US W
rr O
cc cc
X
w
OLL n
o i
y = 4
N
O
rr LL
a 8(DQ
rnWa
W
U)F-
�OCW
W�
�cn57<Q
DWw
ZWW
O�z
VW
Z
a
rr
oC 0
m
Z
^
0
t
�Y
LL
W
[0
oa
N
n
Q
J
Q ,
d
J
I
C
C
(/�01
v )
W
U
U)
LU
< ae
Q
d
06 00„o
LLL y
O l0 l0 a °
C
o
R LL 0
w IT
Q o
CfO
L N m
J
J
C
J J
[ Q
C F-
LU W J
o Q
O
o �
j= W
LL
O J
c u O
L H
NC/)o
a> w r
Aoa Z0 Q
LIP I - —
a
xa Q
Q 73 co 0
Q
O LUO
J
w
W
J
In
E
Z
a
J
a
F
Z
W
4
W
0]
(n Q
co x> -
W W
0=
J
W
w
J
J
J
Q
W 4 NI
Z
a
J
0_
z
Z
W
Ll
W
to
M
I
n
co
� Q
Wz�--
—_
r�
-^ X Q
--------- -
Q
w w
W C O
g w NJ
O>Q
Uma,
�0)
ri
WI
jIW
ygW
w
I
J
OWE
Q
a
Q
R5W
Z
�
a
app
osya�cuj co O
�
w
On
0
�
”" "I
W Z W
WYz
Q
z
Jaz
OC
Q
y F-_
ui
Ir
yCca
US W
w
Lu
w
�
QOC
LU
o i
y = 4
N
z Z
�?�
a 8(DQ
rnWa
U)F-
�OCW
�cn57<Q
DWw
ZWW
O�z
'
I
a
Q 73 co 0
Q
O LUO
J
w
W
J
In
E
Z
a
J
a
F
Z
W
4
W
0]
(n Q
co x> -
W W
0=
J
W
w
J
J
J
Q
W 4 NI
Z
a
J
0_
z
Z
W
Ll
W
to
M
I
n
co
Q
w
aaQ
O
OOO
LL
LL LL
HHC7H
WWZz
ZZ��
ooWzzo
LL LL N J
fAfALLOJ
O OLL
CD
ooNp
CC L
W W N W
aaCCa
W
wwaw
IL IL
NNaN
nc?0
N N r r
UOWC�J
QOQCL a
N NCC
Z
W J Q W
U-
H N N
LL W W W
O cc cc cc
z
3
N�
o
O
o
J
W
8s y
MMX-Ia9wnN 104wd
/99L800 11VA
3�02i10 GV3HSNW M 9 L9
VZdld IIVH iHDONOO
>
ANN
wo>
LU
7 O
W
Q
g� xs
W
LL
w
N
H
Q
w
aaQ
O
OOO
LL
LL LL
HHC7H
WWZz
ZZ��
ooWzzo
LL LL N J
fAfALLOJ
O OLL
CD
ooNp
CC L
W W N W
aaCCa
W
wwaw
IL IL
NNaN
nc?0
N N r r
UOWC�J
QOQCL a
N NCC
Z
W J Q W
U-
H N N
LL W W W
O cc cc cc
O
cc Z
0 N
pwp
WNw
cc - p
5<>
O
�0a
W
N � J
OOZ
QUw
NH•cc
z
ZCCU
cc z
IL cc cc
QUY
7U -a
Y
CQ
G
p
Z
a
J
a
z
O
In
W
cc
5
O
W
cc
c�
Z
Y
cc
Q
Aaa �r r
LIP I
oc O
¢w Q
z
3
N�
o
O
o
J
W
8s y
W
>
ANN
wo>
LU
7 O
W
Q
g� xs
W
LL
w
N
H
Ig�I I
LL
w
u
Q
a
v
a
Z
Z
u
a
1^
3
LL
O
LL
N
H
w
LL
O
O
W
'i
*uia
n
IL
O
w
O
cJ
cJ
cJ
w
w
w
w
w
CJ
Q
N
l0
c -I
l0
M
V)
U
Q
00
W
w
N
LL
r4
00
N
V
M
N
Q
co
ti
m
lOo
LL
O
�a
LL
cl
N
a_
O
u
LL
LL
N
LL
LL
°
wN
�
H
Z
i=rn
0
0^o
H
z Z
coo
0
cc
LU
>
LL
O
N
cl
N
o
N
J
O
�J
L
a
Q Q
u
LU
Q
2 N w
W O
'a
Cl)
Z
Z
J
Q
tz
o
O
Q
W
?
w
DQ
Ln
0
N
J
D
z
Z
Q
Q
U
z
^
ZZtT
--
LU
°
O
c
LU
O
N
Q
�p
v
Z Z
Q
W
O
LL
O
i=
u
O
O
cc Z
0 N
pwp
WNw
cc - p
5<>
O
�0a
W
N � J
OOZ
QUw
NH•cc
z
ZCCU
cc z
IL cc cc
QUY
7U -a
Y
CQ
G
p
Z
a
J
a
z
O
In
W
cc
5
O
W
cc
c�
Z
Y
cc
Q
Aaa �r r
LIP I
oc O
¢w Q
z
3
N�
o
d
o
J
W
8s y
W
>
ANN
wo>
LU
7 O
W
Q
g� xs
W
LL
w
O
cc Z
0 N
pwp
WNw
cc - p
5<>
O
�0a
W
N � J
OOZ
QUw
NH•cc
z
ZCCU
cc z
IL cc cc
QUY
7U -a
Y
CQ
G
p
Z
a
J
a
z
O
In
W
cc
5
O
W
cc
c�
Z
Y
cc
Q
Aaa �r r
LIP I
oc O
¢w Q
9L~a% 4 I I
I I
I I �
a
T2
z
Q
J
o
d
o
J
W
8s y
W
>
J
LU
7 O
W
Q
>
W
LL
w
;8
I�=11 I
H
Ig�I I
LL
w
Q
a
v
a
Z
Z
u
a
1^
3
LL
O
N
H
w
LL
O
W
'i
*uia
n
IL
O
w
cJ
cJ
w
w
>
w
°
w
w
CJ
Q
N
l0
c -I
l0
M
a
p
U
Q
00
W
N
LL
r4
00
N
V
M
N
N
N
LL
M
N
^
M
O
i
O
LLz
O
°
H
Z
H
Z
cc
Q
H
z Z
cc
LU
>
LL
>
00�
Qo
o
^
J
O
�J
L
Q Q
u
Q
2 N w
W O
'a
Cl)
z
Z U
tz
o
O
ZQ r
o
?
DQ
Ln
0
Cl)00
D
2
Cl)
cc
LL
z
^
ZZtT
--
YLL
°
O
c
_jp w
Q
O
N
�p
Z Z
Q
av
O LL Y
LL
a
s
O
LU a
a
a
O
LL1LU
LL
LL
F. -O
p a
LL
LL
H
Z c
9L~a% 4 I I
I I
I I �
a
T2
z
Q
J
d
o
J
W
8s y
W
n
LA
J
LU
7 O
I� I
;8
I�=11 I
Ig�I I
9L~a% 4 I I
I I
I I �
a
T2
Aa° Qz T
LIP I
¢w Q
�
C
---
----
----------
MMX-Ia9wnN 104wd
/99L8 00 1 Itln
3�OHIO GV3HSNM M 9 L9
VZdld IIVH iHDONOO
Aa° Qz T
LIP I
¢w Q
�
C
---
----
----------
z-
_�
Y
Q
D
z
U)
W
7--—cn
z
x
—c)
Q
a
--
J -
W
�
—�
t J
z W_.
_
ti
W
—0�'..
_0
�Y W
-
Qf;"
CE J
< cr
M
d W;
O SOI
Z. -
Aa° Qz T
LIP I
¢w Q
v 3 r
yam Z
c
v
w
Q
ID
z
O
Q i
Lu
ZO
>
W
w
; �
LU
O -JX
LL, OC
W
O>
WI
O�
Q Q
>w
w I
I
0
W
O
J
LL
m O
J
O
m
Q
OLU 0
MMX-Ia9wnN 104wd
L99L8001Itln
3�OHIO Otl3HSNO1 M 9 L9
dZdld IIdH lI IDONOO
(n
W
oC
O
O
LL
z
x
W
U)
OO
a
O
d
LLL
O
z z
~
t CN
}, C m O
O CV
N t�
.� cm
O mm, M
m O O
♦r T
m co
C) d) E
O
Z•L- �
tm �
0 �
N_
v O cm
� � O ti
N � O
aC) i
O N O
LL
O 0 0cn
y
Mi O
O a O
L
CrIE 10
O
cn
r
_O C) O
t
'a'a C O
M M :Z: %b—
L- O i O
U- Q C
I
I
I
I
I
I
I
I
I
I
I
I
I
i I
O
Z
cn
W J
LL LL,
ID
z
O
Q i
Lu
ZO
>
W
w
; �
LU
O -JX
LL, OC
W
O>
WI
O�
Q Q
>w
w I
I
0
W
O
J
LL
m O
J
O
m
Q
OLU 0
J
(n
W
oC
O
O
LL
z
x
W
U)
OO
a
O
d
LLL
O
z z
~
X w
W
x
c�
0
a
�a
J
a
wccQ
Z�
OU
J Z
00
0
W
N
J
W
W
J
a
LU
W
�z
W
W Ir J
LLLLW
C) Lu
m z J
U O Q
0
ZW
n t'
x
L
i�
J
OZ
� J
XwC)
Cl) W3:
N
't W
c2
r LLLLZ
0
Z
W LU
LLLL Ir W
U C) W
CO J
Z
C) 0—
O Z W
�:: Ir
LO Ln
�X
W
-ILI
I i
r � I
I
wa I
C7 z w
z 0 >
LU
~ Q J
X >
WJ W W
0 W W 0
z LU Ir J
OJ 0 0
LULU 0 Q
J M W (n
W U) CD
oc d z
OIr U)
LL d X
W
N
Baa rC O
O
wC Q
z
0 2LU
LL
C)
Z�
Fn LLJ
0
r°
��z
LZzW
co
MMX-Ia9wnN 104wd
L99L800 1Itln
3�Odlo GV3HSNM M 9 L9
VZd-Id -I-ldH iHDONOO
0
C) II
> Ir
OE 57<
d W LU
W
co Fn
U
O
157<,
LO
LL
J
W
W
J
a
LU
W
�z
W
W Ir J
LLLLW
C) Lu
m z J
U O Q
0
ZW
n t'
x
L
i�
J
OZ
� J
XwC)
Cl) W3:
N
't W
c2
r LLLLZ
0
Z
W LU
LLLL Ir W
U C) W
CO J
Z
C) 0—
O Z W
�:: Ir
LO Ln
�X
W
-ILI
I i
r � I
I
wa I
C7 z w
z 0 >
LU
~ Q J
X >
WJ W W
0 W W 0
z LU Ir J
OJ 0 0
LULU 0 Q
J M W (n
W U) CD
oc d z
OIr U)
LL d X
W
N
Baa rC O
O
wC Q
z
0 2LU
LL
C)
Z�
Fn LLJ
0
r°
��z
LZzW
co
W J Q
OOH
0
C) II
> Ir
OE 57<
d W LU
W
co Fn
U
O
157<,
LO
LL
O
z
C) Q
m�
0°
Z
Ln Q1 5
WOO
LL
CO
r
o
LL
C)
co
r
LJ
L W
LL
LL
LL
157<,
0
O
O
N
rorn
4
M
L6
W
0
W
U)
0W
Ir �—
a0
.60
W
z
H Q
U_
W
>
W
W 0
LU
J
W
J
J
J U
W
J
Ov
0
O
J
U CDLU
>
LU
m J
U � �
C) X W
Cl) W'
N � ^
v 3
co
�a- Zp O
C- r O
= _ ao 0
Q
W J
MMX-Ia9wnN 104wd
LS9L800��Itln
3�Od Otl3HSNW M 9 L9
t/Zt/�d IIVH iHDONOO
= Q W
Q
�
JLU
W
75
�C) OCQLU LOL, Za HLU
J Q U)�� 0 OLU
� j Q
W X W
L~LIIr EDOW<n �m>G
Ir wd J = D
TOLLO
zCO 0 wQ�m C)O�
z�
X
LU
'
I
I
z
LLI Y
p p� O
Q a I cc
a a �¢
LU m N M
30:111
w
LU
^NN OU
li �0 i 1Z
O WJ '
ccw OU
ZO
>
W� U
Z W i� N
O i
it
it
-----'-
J
�O z
CO z z W
Q Q ZQ O � J
LU W> C7 W d W
J 0 W Z
>0 QZ w YwU p
Lu > O moC J Q J
Jz C7Q p awl z0
Q W Z> J DOo m
W W U)LJLI 0 (nJQ Q
MCO X w 00 �
Cn 0_
Z W d=HO Z
U)LU
U)dX> U)
Ir
W LU W
d J
W
H W z
LU
0W 0 Q
0 LL J
P, _N(_)O>LU
T Wj LLO
/ v0�
1
t�
sy;�gr � 1 �I Iii O
{
W J
= Q W
Q
�
JLU
W
OD
U Q
Z W
J
CO Z
Q J
W
oC p
DQ
w H
� Q
C� O
W W=
0
c~i)~
WZ
WW
Z=
o>W
W Z
ZmH
W
=m
NOS
4�O
chw�
(n
LOX
d�
W
Qw
U)C)
r W
LL
Q
X w
w
iQ
LU
Z
I
�
d
cca
LLI
ll.l
®
= NCC
J
Z>
w�
'2 `
I
~
m NM
m
- - -
I
lL
J
Qa
'WJ
YCC
r
a
�o
----�
`�N oZ
O
LU �
ZLU
I
OV
00
W
N J
LLI
W
I
I
I
I
I
z
J
w
>
W
,
LL,
(n U)
LU
J
Z
J
J
J ZJ
w
J Q
W w Z
j
0
Q Z ZO
W
jO
Lu
LU
Ir O zea
O
z
�Q
>
oC0
0
OQ ��
z> Y
O
LULLJJ
SCO
ZQ
�� =JQ
�W aj�'',
Q
U) LU
OC
W
0=
Q
z
d
d j
U)
00
xLUd
H
WLU z
W
2
O Q
N
N W
J
OI
i
co
LO
�.
C�O�
O
JN
°
ryrJlrrttY
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: June 10, 2019
ITEM/TOPIC:
A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for a variance to the front setback of 20 feet for a new Two -Family residential building,
located at 2699 Davos Trail/Lot 16, Block B, Vail Ridge Subdivision, and setting forth details in regard thereto. (PEC 19-0015)
OTTOCHMFNTS-
File Name
Variance Staff Memo (Edit).pdf
Attachment A - Vicinity Map - 2699 Davos Trail.pdf
Attachment B - Applicant Narrative.pdf
Attachment C - Plan Set (1 of 2) - 2699 Davos Trail.pdf
Attachment C - Plan Set (2 of 2) - 2699 Davos Trail.pdf
Attachment D - Existing Conditions - Plat and Survey.pdf
Description
Staff Memorandum
Attachment A - Vicinity Map
Attachment B - Applicant Narrative
Attachment C - Plan Set (1 of 2)
Attachment C - Plan Set (2 of 2)
Attachment D - Existing Conditions - Plat and Survey
TOWN OF
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 10, 2019
SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town
Code, in accordance with the provisions of Section 12-17-1, Variances, Vail
Town Code, to allow for a variance to the required front setback of 20 feet for a
new Two -Family residential building, located at 2699 Davos Trail/Lot 16, Block B,
Vail Ridge Subdivision, and setting forth details in regard thereto. (PEC 19-0015)
Applicant: Mexamer Davos LLC, represented by Scott S. Turnipseed AIA
Architecture and Construction, Inc.
Planner: Chris Neubecker
SUMMARY
Mexamer Davos LLC, represented by Scott S. Turnipseed AIA Architecture and
Construction, Inc. is requesting the review of a variance from Section 12-6D-6
Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow a variance to the front setback of 20 feet to
facilitate the construction of a new two-family dwelling, located at 2699 Davos Trail, Lot
16, Block B, Vail Ridge Subdivision.
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 denial of this application, subject to the findings noticed in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting the review of a variance from Section 12-6D-6, Setbacks,
Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail
Town Code, to allow for a variance to the required front setback of 20 feet for a new
Two -Family residential building, located at 2699 Davos Trail/Lot 16, Block B, Vail Ridge
Subdivision.
The applicant is proposing to construct a new two-family dwelling with a front setback of
10', where 20' is required by code.
The variances requested are summarized below:
2010 iWriance Request Summary*
East Unit - Primary Unit
front yard setback
0' (Steep lots)
14.5'
2n Level - GRFA
Dimensional Criteria
Minimum
Required
Proposed
1 s' Level- Garage
front yard setback
0' (Steep lots)
10'
2" Level GRFA
front yard setback
20'
10'
2n Level -deck
front yard setback
15'
5'
3rcl Level GRFA
front yard setback
20'
15.5'
West Unit - Secondary Unit
1" Level — Garage
front yard setback
0' (Steep lots)
14.5'
2n Level - GRFA
front yard setback
20'
14.5'
2n Level - deck
front yard setback
15'
5'
3r Level - GRFA
front vard setback
20'
17.5'
A Vicinity Map (Attachment A), Applicant's Narrative (Attachment B), Plan Set
(Attachment C), and Existing Conditions Survey/Plat (Attachment D) are attached for
review.
III. BACKGROUND
The lot at 2699 Davos Trail was annexed into the Town of Vail in 1986, via Ordinance
26, Series of 1986.
On December 14, 1998, a previous owner of Lots 16 and 17 obtained approval from the
Town of Vail to modify the lot line between Lot 16 and Lot 17. The plat modified the
common lot line by up to 24.8', narrowing the width and reducing the size of Lot 16 by
1,230 square feet. The same plat also created an access easement near the existing
two -car garage..
In 1999, the owner of Lot 17 obtained approval to construct a new single family
residence. Records on file with the Town of Vail indicate a garage in the southeast
corner of Lot 16 existed at the time. The garage is accessed by a driveway through Lot
17, and is used by the owners of Lot 17. (The existing garage will be demolished before
construction of the proposed two-family dwelling.)
On April 17, 2019 the Design Review Board reviewed a conceptual design for Lot 16.
The design proposed at the time showed a setback of 20'. At that meeting, there was
discussion of the steep slopes and the impacts on the design. At that meeting, the idea
of a possible variance was discussed, as well as other design changes that might be
possible.
Town of Vail Page 2
2699 Davos Trail is located near the end of Davos Trail, within the Primary/Secondary
Residential (PS) Zone District. The underlying land -use for this neighborhood is Low -
Density Residential. Many of the lots in this vicinity contain steep slopes. The following
map shows area in pink with slopes over 30%, and areas in red with slopes over 40%.
The average slope of Lot 16 below the proposed home and driveway is 43.7%.
r�
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE.-
The
URPOSE:
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
Town of Vail Page 3
establishing appropriate site development standards. (Ord. 29(2005) § 23: Ord.
30(1977) § 2)
12-6D-6: SETBACKS.-
In
ETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear
setback shall be fifteen feet (15). (Ord. 50(1978) § 2)
12-6D-9: SITE COVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord.
41(1990) § 5: Ord. 30(1977) § 2)
12-6D-10: LANDSCAPING AND SITE DEVELOPMENT:
At least sixty percent (60%) of each site shall be landscaped. The minimum of any area
qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area
not less than three hundred (300) square feet. (Ord. 30(1978) § 2)
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical limitations,
street locations or conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and
site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site
development, and parking and loading requirements; or with respect to the
provisions of chapter 11 of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, "Amendment", of this title.
Town of Vail Page 4
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION.-
Within
CTION:
Within twenty (20) days of the closing of a public hearing on a variance application, the
planning and environmental commission shall act on the application. The commission
may approve the application as submitted or may approve the application subject to
such modifications or conditions as it deems necessary to accomplish the purposes of
this title, or the commission may deny the application. A variance may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe.
12-17-6: CRITERIA AND FINDINGS.-
A.
INDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance.-
The
ariance:
The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
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.
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.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance.-
That
ariance:
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.
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.
3. That the variance is warranted for one or more of the following reasons.-
a.
easons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
Town of Vail Page 5
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not generally apply to other
properties in the same zone 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 same zone district.
12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES.-
"Slope"
LOPES:
"Slope" is the gradient or configuration of the undisturbed land surface prior to site
improvement of a lot, site, or parcel which shall be established by measuring the
maximum number of feet in elevation gained or lost over each ten feet (10) or fraction
thereof measured horizontally in any direction between opposing lot lines, the
relationship of elevation or vertical measure as divided by the horizontal measurement
shall be expressed as a percentile as a means of quantifying the term "slope". In
determination of "slope" as defined herein, for use in establishing buildable area
requirements and maximum floor area ratio limitations on existing and proposed lots, a
grid system based on ten foot (10) modules shall be superimposed on a topographic
map of the subject property and the lot slope determination established by the defined
method for each one hundred (100) square foot grid portion of the tract, lot or portion
thereof.
The following additional special restrictions or requirements shall apply to development
on any lot in a hillside residential, single-family residential, two-family residential or two-
family primary/secondary residential district where the average slope of the site beneath
the existing or proposed structure and parking area is in excess of thirty percent (30%).-
A.
30%):
A. A soil and foundation investigation, prepared by and bearing the seal of a
registered professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered professional
engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals of
not more than two feet (2), shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-
68-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows.-
1.
ollows:1. Not more than ten percent (10%) of the total site area may be covered by
driveways and surface parking.
2. In order to protect the natural landform and vegetation on steep slopes, not more
than sixty percent (60%) of the total site area may be disturbed from present
Town of Vail Page 6
UI
conditions by construction activities. The design review board (DRB) may approve
site disturbance in excess of the sixty percent (60%) maximum if specific design
criteria warrant the extent of the requested deviation.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5) shall be
required.
H. A detailed revegetation plan must be submitted.
1. The administrator may require an environmental impact report as provided in
section 12-12-2 of this title.
J. A minimum of one covered parking space shall be provided for each dwelling unit.
K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-6B-6,
12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no
required front setback for garages, except as may be required by the design review
board. Garages located in the front setback, as provided for in this section, shall be
limited to one story in height (not to exceed 10 feet) with the addition of a pitched or
flat roof and subject to review and approval by the design review board.
L. Retaining walls up to six feet (6) in height may be permitted in the setback by the
design review board when associated with a permitted garage as referenced in
subsection K of this section. (Ord. 28(2007) § 8: Ord. 17(2006) § 1: Ord. 29(2005)
§ 45: Ord. 5(2001) § 3: Ord. 2(1995) § 1: Ord. 13(1994) § 1)
ZONING AND SITE ANALYSIS
Address: 2699 Davos Trail
Legal Description: Vail Ridge
Subdivision, Block B, Lot 16
Zoning: Two -Family Primary/Secondary
Residential
Land Use Plan Designation: Low
Density Residential
Current Land Use: Vacant
Geological Hazards: Steep Slopes
Town of Vail
Page 7
Propose
Site Area
Min. 14,000 sq. ft.
17,032
No Change
Front — 20'
Front — 10'
Setbacks
Side — 15'
N/A
Side — 15' (North)
Rear — 15'
Side — 15'6" (South)
Rear — 59'
Height
Flat or Mansard Roof — 30'
N/A
33'
Sloping Roof — 33'
Density
2 DUs
N/A
2 DUs
Town of Vail
Page 7
*Unless related to access to a structure constructed on excessive slopes (in excess of 30 percent).
**Retaining walls up to six feet (6') in height may be permitted in the setback by the Design Review Board when
associated with a permitted garage within the front setback, per Section 12-21-12 K.
VI. SURROUNDING LAND USES AND ZONING
Max 6,764 sf
Zoning District:
5,881 sf
GRFA
4,058 sf (primary)
N/A
3,533 sf (primary)
Two -Family Primary/Secondary Residential
2,706 sf (secondary)
Residential
2,348 sf (secondary)
Site Coverage
20%/3,406 sf
6.6%/3,866 sf
(Garage)
19.98%, 3,404 sf
:52,000 GRFA=2 spaces
Existing 2 -car
Parking
2,0002_4,000 GRFA=3 spaces
garage be
3 (primary)
3 (primary)
demolished)
d)
3 (secondary)
3 (secondary)
Landscaping
Min. 60% of site area (10,219 sf)
N/A
10,219 sf
Height — Max. 6'
Height — 6'
Height — Front Setback* — Max. 3'
Height — Front Setback** — 6'
Retaining Walls
Setback to Private Property — 2'
N/A
Setback to Private Property — 2' 5"
Setback to Public Street — 10'
Setback to Public Street — 10'
*Unless related to access to a structure constructed on excessive slopes (in excess of 30 percent).
**Retaining walls up to six feet (6') in height may be permitted in the setback by the Design Review Board when
associated with a permitted garage within the front setback, per Section 12-21-12 K.
VI. SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The proposed location of the home may have negative impacts on other existing or
potential structures in the vicinity through the imposition of building mass within the
required front setback. While views from adjacent properties may not be impacted,
do to the location of the homes on these properties, the construction of three floors
of building within the front setback will result in a looming structure incompatible with
the existing and potential uses in the neighborhood.
Therefore, staff finds that the proposed variance does not conform to this criterion.
Town of Vail Page 8
Existing Land Use:
Zoning District:
North:
Residential
Two -Family Primary/Secondary Residential
South:
Residential
Two -Family Primary/Secondary Residential
East:
Residential
Two -Family Primary/Secondary Residential
West:
Residential
Two -Family Primary/Secondary Residential
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The proposed location of the home may have negative impacts on other existing or
potential structures in the vicinity through the imposition of building mass within the
required front setback. While views from adjacent properties may not be impacted,
do to the location of the homes on these properties, the construction of three floors
of building within the front setback will result in a looming structure incompatible with
the existing and potential uses in the neighborhood.
Therefore, staff finds that the proposed variance does not conform to this criterion.
Town of Vail Page 8
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.
The applicant has provided no evidence to indicate that the proposed variance 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. While
staff recognizes that the subject lot is steep, this is not a unique situation and there
is no evidence that a home could be built on this lot within the existing codes.
The Vail Town Code provides relief for development on steep slopes without a
variance, by allowing a garages and associated retaining walls to be located within
the front setback, per Section 12-21-12 K, Vail Town Code. This relief is not
available for lots with average grades beneath the proposed homes and driveways
that is less than 30%.
Section 12-21-12 K, Setbacks, Vail Town Code requires no front setback for garages
on lots where the average slope of the site beneath the existing or proposed
structure and parking area is in excess of thirty percent (30%). The average slope of
Lot 16 is 43.7%. However, this code section does not allow for GRFA above the
garage within the front setback. The proposed design includes GRFA above both
garages.
While staff recognizes the challenges of designing a home on this lot, the applicant
has not demonstrated that the variance 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. Other design options are available without
requiring a variance.
Staff finds the proposed variance does not conform to this criterion.
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 will not have a negative effect on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, or public
safety. Lot 16 is at the end of a pubic road, with very little traffic. The required
parking spaces for the two homes are located within enclosed garages with sufficient
space in front of the garages for additional parking without impacting the public road.
Therefore, staff finds the proposed variance conforms to this criterion.
Town of Vail Page 9
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission deny a
variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to
the required front setback of 20 feet for a new Two -Family residential building,
located at 2699 Davos Trail/Lot 16, Block B, Vail Ridge Subdivision.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission
pass the following motion:
"The Planning and Environmental Commission denies a variance from Section
12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for a variance to the required front
setback of 20 feet for a new Two -Family residential building, located at 2699
Davos Trail/Lot 16, Block B, Vail Ridge Subdivision, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to deny this variance,
the Community Development Department recommends the Commission make the
following findings:
"Based upon the review of the criteria outlined in Section Vll of the staff
memorandum to the Planning and Environmental Commission dated June 10,
2019 and the evidence and testimony presented, the Planning and
Environmental Commission finds.-
1.
inds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the
surrounding Primary/Secondary Residential (PS) District.,-
2.
istrict.,
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; and
3. This variance is not warranted for the following reasons.-
Town
easons:
Town of Vail Page 10
a. The strict literal interpretation or enforcement of the specified
regulation will not result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code,-
b.
ode,
b. There are not exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the Primary/Secondary Residential (PS) District.';
and
c. The strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties in the Primary/Secondary Residential (PS)
District. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Narrative
C. Plan Set May 13, 2019
D. Existing Conditions — Survey and Plat
Town of Vail Page 11
N
d
^ _G. 0--o w
41
U)
d`i4s' N
jot
�6 CD
Nj
%L� /., PI
ZX
pr
At
P r�n
�.n x � a1 � �. , Nd ; � � •. � : `l�:K' •fir. � ,r .
iRr
-
r> !. CD ,. !r
.41
/Q ,• �i� •�\yq-.,_•...— ck � .�. ` \!� t � _ .V tom.:
%v,
IV
010
_ '.Y� - � � � N ' �� • _ice � • ~
�4
°� . Y k,: ;•E:; L+fir.:
ti.
lr
hi
Va
.F'. , iii ;'"• � >
M1.
L C N
� 0 E
CL
a 0) U
cu
-� -LO El E]
Glenn J. Harakal, Architect
Scott S. Turnipseed, AIA Architecture and Construction Inc.
1143 Capitol Street, Suite 211
PO Box 3388
Eagle, CO 81631
May 13, 2019
Planning and Environmental Commission
Town of Vail
RE: 2699 Davos Trail
Parcel 210314203038
Variance Request
Dear PEC Board Members:
We are in the planning stages for the design of a new primary/secondary residence at 2699 Davos Trail.
The current property has a garage that sits within the 20 -foot front setback approximately 10' from the
front property line. The existing garage will be demolished as part of the new construction work. The
average grade of our lot is 43.7% while portions of the site along the road exceed 150% grade (see
attached site photo and site survey).
Per title 12, chapter 17, paragraph A of the town code: "A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site... from topographic or physical
conditions on the site... or from physical limitations..." Per paragraph B: "Variances may be granted only
with respect to the development standards prescribed for each zone district, including lot area and site
dimensions, setbacks... height... site coverage..."
Due to the severity of grade and shape of this lot we request a variance that the front setback be
modified from 20 feet to 10 feet for the following reasons:
Due to the narrowness of the site each unit must be accessed frontally. The narrowness precludes
alternate means of driveway access to each residence. Allowed driveway grades limit the elevation of
garages to a few feet above Davos Trail edge of pavement. The longer the driveway, the more cut into
the hillside. If the building is set back 20 feet, even with a three story building, the upper floor will still
be cut into the hillside, and the roof will be below existing grade at the rear of the building. By pulling
the building forward, we pull the building out of the ground.
With a 20 foot setback, our retaining walls will exceed 24' in overall height. Again, due to the
narrowness of the site we cannot physically fit retaining walls stepped in 6' increments with 4' of
terracing between each wall to reach a height of 24'.
Our proposed site plan with the building set at 10' from the front property line results in a building
under GRFA, but pushing site coverage limitations. If our garages were moved into the front setback
with all of the liveable area behind the front setback line, we would exceed our allowed site coverage.
We ask that the PEC also consider the following factors with repect of this variance request per 12-17-6
of the town code:
Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning and environmental
commission shall consider the following factors with respect to the requested variance:
1. The relationship of the requested variance to other existing or potential uses and structures in the
vicinity.
The variance will have no impact on adjacent properties because they are a mix of non -conforming site
developments (see attached photos) and contrary to the town code with respect to setbacks and
retaining wall heights. 2686 Davos Trail appears to be parking in the right-of-way, 2696 Davos Trail is set
approximately ten feet from the edge of pavement or at their property line. 2701 Davos Trail has a 12'
retaining wall and stair access right at the edge of pavement in what appears to be the road right-of-
way. With a 10' front setback and approximately 24' from the edge of pavement our property will be
more conforming with the town code than our neighbors.
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.
Relief from the setback regulations is necessary so that we are treated the same as other lots in the
vicinity due to the steepness of the embankments each side of Davos Trail. When Davos Trail was cut in
on the uphill side and filled on the downhill side the resultant embankments were steeper than the
already naturally steep grade. If we consider the setbacks as further leveling of the road way, site
grading cannot be maintained without excessive walls. The further back from the edge of pavement,
the worse the situation becomes. A ten foot setback is reasonable compared to building right to our
property line (as it appears was done at 2696 Davos Trail) or having to detach and bury the garages and
placing the residences up the hill with access by funicular only (as was done at 2701 Davos Trail).
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.
2699 Davos Trail is off the beaten path on a south -facing hillside in west Vail. The lot is located near the
end of the road. The project will not block light to the north as the uphill site is steep and will not create
objectionable shadows throughout the year. The project will have gas appliances with clean air
emissions. Distribution of population is per PS zoning district. Street traffic will be light and our 24' deep
driveway will allow cars to temporarily stop before opening garage doors, creating less of a safety issue
compared with adjacent sites. Public utilities have signed off on our plans.
4. Such other factors and criteria as the commission deems applicable to the proposed variance.
Unique elements of this site beyond road cuts and grades were created by the previous owner whom
also resides next door at 2695 Davos Trail: The garage to be demolished previously served 2695 Davos
Trail, and has been replaced by a garage addition to 2695's residence. Our site was reconfigured by the
previous owner to allow for 15' side yard setbacks from 2695's garage addition. Our site is pinched in
the middle because of this modification and atypical in configuration. In addition an easement was
added to our lot to allow 2695 to back out of their new garage, further restricting the developability of
our site.
B. Necessary Findings: The planning and environmental commission shall make the following findings
before granting a variance:
1. 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.
We are not seeking special privilege: There is some sense in how the lots in the vicinity were developed
because of the steep roadside grades, although some of the solutions were taken to the extreme. We
are still wishing to maintain a setback from our front property line. If we must maintain a 20' setback we
are denied privileges enjoyed by other home owners in the vicinity.
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.
There will be no detrimental impact to the public due to a granting of this variance because of its
location on Davos Trail. Beyond our lot there are only three more lots before Davos Trail terminates.
There should be very little traffic and the property will be visible to very few people. Our proposed
project should enhance the neighborhood with its mountain modern architecture, which is similar to
two other projects recently developed on the street and should lend to the revitilization of Davos Trail.
3. 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 difficulty or unnecessary physical hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the
variance that do not apply generally to other properties in the same zone 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 same zone district. (Ord.
29(2005) § 39: Ord. 8(1973) § 19.600)
A lack of a granting of this variance will leave the owner with a lot that cannot be developed to its full
potential within its two-family primary/secondary residential (PS) zone district. This site is extremely
steep, even when compared to other lots in the same zone district. This is one of the reason the site has
not been developed to date. Other properties in the same zone district were able to build two-family
primary/secondary residences and have either been granted variances or were constructed in the past
under a less restrictive town code.
A 10' front setback is the minimal requirement we need to develop this site and is the least variance
from the town code that will allow this project to work. A granting of this variance will allow the owner
to realize the full potential of this site within the two-family primary/secondary (PS) zone district and
add new vitality to the neighborhood.
We are asking the PEC Board to appreciate the reasons set forth in this request and grant a variance to
modify our front setback to ten feet.
Thank you for your assistance.
Glenn J. Harakal
Scott S. Turnipseed, AIA Architecture and Construction, Inc.
Attachments:
ILC
Recorded plat
Site survey
Trees and rock outcropping
.RAO
MIS,
1 ".1
wa
ft Ms�, - �
'`may$ to ��.' ,�y�` fi
e
7
C.
�
y -
Row,h K
OWN!
Yl
_ �.;�
W NIN
a
Am -
pp Ii�17
Am
2686 Davos Trail
2701 Davos Trail —funicular
2701 Davos Trail — garage buried into hillside with minimal driveway; 12' high retaining wall comes down almost to edge of
pavement; stairs come right down to pavement of Davos Trail.
I
2701 Davos Trail — steepness of lot similar to our property 2699 Davos Trail
LMa ,
Y
{j
IL
ate- k i r Ow
2655 Davos Trail — building appears to have a similar setback to what we are proposing
0
wl
AR,nu
wl
s asp 6s a Aew lessor a as 3m aae Ha
Mai
0
\
OOVdOiOO'imn
aOOla TWO r0018'9� iOi
�\
I
S
=
I
�
M Q
- --
T o
s
\
IIV2li SOAVO 6692
UV
\ m
LL .,
Mai
0
\
(A
O
w
�\
I
S
\ m
n\
I
�
M Q
\
UV
\ m
LL .,
e�.
o w \[\79-\b 292§2 3m 2K7 §22
o
-//TWO
.i
� s Ae2
IIO
\
s asp 6s a Aew lessor a as 3m aae Ha
------- --------
----------------
o��ovo-o- - - o - 000
e - -------
- ----
- ----------
---a- - - - ---- -- --
---------------
................
----------------
PoPoPoPo_PoPoPoPo������Po
0000v00000000000
PoPoPoPo_PoPoPoPoPoPoPoPoPoPoPo
eI, —
Q
owaoioo'imn
3901d TWO rooia `9 � ioi
lIV2li SOAVO 6692
=
- --
CO
Q o
w
w
w
mN¢
------- --------
----------------
o��ovo-o- - - o - 000
e - -------
- ----
- ----------
---a- - - - ---- -- --
---------------
................
----------------
PoPoPoPo_PoPoPoPo������Po
0000v00000000000
PoPoPoPo_PoPoPoPoPoPoPoPoPoPoPo
eI, —
Q
s asp 6s a Aew lessor a as 3m aae Ha
1
I 1
— 1
I
I 1
l _ 1
-- 1
MJbB13S 11 el
��nua3,oa
�3h
owaoioo'imn
3901d TWO A0018 `9 � ioi
IIV2li SOAVO 6692
1
=
— �qu
I
I
l
- --
°
m
a��
1
&y
I
Mn,,,m
1
I 1
— 1
I
I 1
l _ 1
-- 1
MJbB13S 11 el
��nua3,oa
�3h
1
— �qu
I
I
l
I
m
a��
1
&y
I
1
I 1
— 1
I
I 1
l _ 1
-- 1
MJbB13S 11 el
��nua3,oa
1
I
I
l
I
1
I
1
I 1
— 1
I
I 1
l _ 1
-- 1
MJbB13S 11 el
��nua3,oa
s asp 6s a Aew lessor a as 3m aae Ha
Q
owaoioo'imn
3901d TWO rooia `9 � ioi
IIV2li SOAVO 6692
=
_ --
LO z
w m
Q N
w
w
w
oao mN¢
s
Q
s asp 6s a Aew lessor a as 3m aae Ha
o=
s
°o
QQ
Qo
Q
Q -
Q
owaoioo'imn
=
(�
3901d TWO rooia `9 � ioi
IIV2li SOAVO 6692
w
w
w
mN¢
Q
o=
s
°o
QQ
Qo
Q
Q -
Q
o w \[\79-\b 292§2 3m 2K7 §22
�
Z��
-//TWO
.i
IIV�l Is AOe2
_
~
\\�du
§
-�
�
Z��
~
\\�du
°
�
Z��
Si
3901d TWO A0018'9� iOl
10
IT -T
Si
10
IT -T
Si
s asp 6s a Aew lessor a as 3m aae Ha
Q
-
OOVdOlOO'IIVA
3001d TWO N0018'9l 101
0
IIV2li SOAVO 6692
w
w
w
mN¢
Q ga
Q
s asp 6s a Aew lessor a as 3m aae Ha
Q
-
00vaoio0'imn
3001?J lNA'8 NOO18'9l 101
=
co �
0
IIV2li SOAVO 6692
Q
s asp 6s a Aew lessor a as 3m aae Ha
owaoioo'imn
3901d TWO A0018'9� ioi
IIV2li SOAVO 6692
-
_
-
- --
o
w
Q z
w
w
w
w
mN¢
&
s asp 6s a Aew lessor a as 3m aae Ha
owaoioo'imn
3901d TWO rooia `9 � ioi
IIV2li SOAVO 6692
-
- --
o
w
s asp 6s a Aew lessor a as 3m aae Ha
owaoioo'imn
=
-
CO �
3901d TWO A0018'9� ioi
- --
lIV2li SOAVO 6692
s asp 6s a Aew lessor a as 3m aae Ha
owaoioo'imn
3901d TWO A0018'9� ioi
lIV2li SOAVO 6692
- --
Q
w
w
w
mN¢
s asp 6s a Aew lessor a as 3m aae Ha
Q
oovaoioo'imn
aoaia TWO r0018'9� ioi
=
IIV2li SOAVO 6692
w
w
w
mN¢
Q mN
Q
s asp 6s a Aew lessor a as 3m aae Ha
-71IR
Q
oovaoioo'imn
aoaia TWO r0018'9� ioi
IIV2li SOAVO 6692
w
w
w
mN¢
Q mN
-71IR
Q
s asp 6s a Aew lessor a as 3m aae Ha
--AIR
Q
0waoioo'imn
3901a TWO r0018'9� ioi
-
_
(7
IIV2li SOAVO 6692
w
w
w
mN¢
Q mN
--AIR
Q
s asp 6s a Aew lessor a as 3m aae Ha
8
owaoioo'imn
3901d TWO A0018'9� ioi
-
_
o
- --
lo
lIV2li SOAVO 6692
w
w
w
.0
mN¢
J o
8
o
lo
.0
Ill
oo\s
0�'
ro
,pg 'OV)
-s
J
m44 ,
s �
e a°j
E
of
see
A
yy�
�sw
sem
R
i ys� e
n
� o
t n� in
� 6
u �J�
- —� rrc� e. hc.eo a wj oax �axzm�H�w�aesMan��a
-
mono
—
-
ds:'
awl
Egli
06
- -
_ - o�opo imp_
a
Aq
Zvi
moo
as
a
sFs
J
Sh65y�I
O \
ID
h H
�o.
t
O
�O
Sa
\
U
/
-
/
M 11
0uvau l00 ` 11Nf100 330V3 'TVA 30 NMOL -
�" 30012j TVA `0 >0010 `L l+ 9 l 103
30N3aIS3a d3HOS13 3 o
NV3d 311S
c -
;p�
o
�rL0�����
-- --- 0908
--- ----------- -----------
\ --
_
---------------------------
_ ------------ �i
:.
� .� --- - _ -- �- ------OgOg--------
- ---
--- -------7/ -----� ----
- ----------- -- ----------- -° --
-----------------0602 r ---
_ e—---------
--------
--------
O---------------------
----- -------- - ------
--------- -___-_____-__-______-
O \� <\--------------- 00 Ij` iI
`00 _L---__ /
x,0 ---- -----1.------------
w
w�
O
0
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: June 10, 2019
ITEM/TOPIC:
A worksession to discuss a zoning code text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed
regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to update definitions, including the removal of redundant
definitions, the consolidation of definitions defined multiple times, relocation of 20% hardscaping standard to Title 14 and amendment
to the landscaping regulation to allow up to 20% permeable hardscaped space, and setting forth details in regard thereto. (PEC19-
0017)
ATTACHMENTS:
File Name
memo pec 6 10.pdf
definitions DRB discussion.pdf
Additional Sheet.pdf
Description
Staff memo
Spreadsheet of Definitions
Supplemental Sheet
A, )rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 10, 2019
SUBJECT: Work session on Title 12 and Title 14 code clean-up to update definitions, including the
removal of redundant definitions, the consolidation of definitions defined multiple
times, relocation of 20% hardscaping standard to Title 14 and amendment to the
landscaping regulation to allow up to 20% permeable hardscaped space, and setting
forth details in regard thereto. (PEC19-0017)
Applicant: Town of Vail
Planner: Ashley Clark
The attached spreadsheet indicates the four categories on code updates proposed: (a)
category one represents where definitions are repeated in Title 12 and Title 14 are
repeated and are the same; (b) category two represents where definitions are repeated
but differ in language; (c) category three represents words that are not repeated
however require attention; and (d) category four represents a change to landscaping
standards and relocation of regulations that exist within the definition to the
development standards in Title 14. The proposed amendments are in the last column on
the attached sheet.
The goal of the work session is to discuss the proposed changes. Pete Wadden, Water
Quality Education Coordinator, from the Department of Environmental Sustainability
will attend to discuss the proposed changes to the landscaping requirements.
A full code analysis will be provided for the hearing on June 24, 2019.
3
3
E
-
E
Y
u E
3
-
E w
m E
E
-
-
a E
Y o
a E
- -
E -
_
E
-
-
-
-
E 2-
c
E o
3
3
=
~
a E o
E c
E E
3
w
3
c-
z
-
0
o a
o
0 0 o E
g E E a
E
\
\
\
\
\
\\
\\\
fi
fi
fi
fi is
fi
fi
E\fi
£
E|));§!\!
§{\fi RE
fi
fi
-3z
fi
fi
fi
fi
fi
EL
\\
\\\\
}U
\\\\
\j\\�\}\}
\
\
\\\�\\\\\
\\\\
){[{
§!
§(!!
;!#!i7{{»))[i
{
;2\{
Additional Sheet — Landscaping
IMPERVIOUS SURFACE: any surface that cannot effectively absorb or infiltrate
rainfall; for example, sidewalks, rooftops, roads, and parking lots.
LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted
areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover.
Impervious surfaces are not counted as landscaped areas. shall "e '"1QwQP:1iQ-P1
,
0
IaRGIGGapepl Area
PERVIOUS SURFACE: A pervious surface is a surface that allows the percolation
of water into the underlying soil. Pervious surfaces include grass, mulched
groundcover, planted areas, permeable paving as well as porches and decks
erected on pier foundations that maintain the covered lot surface's water
permeability. Pervious surfaces do not include any structure or building, any
porch or deck that limits the covered lot surface from absorbing water, or any
outdoor stairs, on -grade surface sports court, swimming pool, artificial turf,
sidewalk or patio constructed of concrete, asphalt, brick, compacted gravel or
other material that impedes the infiltration of water directly into the subsurface of
the lot.
14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL:
A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects
of the land itself. The north facing slopes within the valley are typically heavily wooded with
spruce, pine and aspen and generally receive less direct sunlight than the drier south facing
slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions.
The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs
adapted to the relatively fertile soil and natural availability of water.
L. Pervious core development such as walks, decks, patios, terraces, and like
features not occupying more than twenty percent (20%) of the landscaped
area may be utilized to meet the landscape requirement.
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: June 10, 2019
ITEM/TOPIC: PEC Results May 13, 2019
ATTACHMENTS:
File Name Description
Pec results 051319.pdf PEC Results May 13, 2019
PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of VA10 May 13, 2019, 1:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Present: Pam Hopkins, Karen Perez, Brian Stockmar, Ludwig Kurz, Brian
Gillette, Rollie Kjesbo
Absent: John -Ryan Lockman
Site Visits
2.1. 366 Hanson Ranch Road - Vailpoint LLC
2.2. 2698 Cortina Lane - Scheidegger Residence
3. Main Agenda
3.1. A worksession to discuss a Major Exterior Alteration, pursuant to Section 60 min.
12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for
the replacement of the existing structure with a seven (7) suite private lodge
and staff apartment with related site improvements, located at 366 Hanson
Ranch Road/Lot D, Block 2, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC19-0008)
Applicant: Vailpoint LLC, represented by Sarah J Baker, PC
Planner: Jonathan Spence
Planner Spence introduced the project and noted that the public
accommodation zone district has language that allows either staff or an
applicant to request a work session with the PEC, or any town body. He
noted that this work session has been initiated by the applicant, not by
staff. Mr. Spence referred to the staff memo submitted and noted that
there will be no action requested of the PEC today. Mr. Spence further
noted that there has only been an initial analysis done on the proposal
Ms. Baker, on behalf of the applicant, introduced the team. Mr. Mueller,
owner of Cuvee, George Sollidge, Owner of Vail Point LLC, Jens Warner,
from REcom Global, Rick Pylman, Land planning and Emilia Kraft and
Hans Berglund from Berglund Architects.
Ms. Baker stated they requested a work session due to town procedure
and enumerated the three items they are seeking feedback on today. Ms.
Baker stated that there are a few options and would like feedback;
however, no formal action is requested.
Ms. Baker stated that the proposed building siting has a couple of options.
Setbacks in the PA district may be modified based on criteria. The
variation is not a variance.
Upon inquiry from Chairman Stockmar, Mr. Spence agreed with Ms.
Baker's interpretation of the PA zone district setbacks.
Ms. Baker noted that the building footprint that does meet setbacks has
implications for the pedestrian experience in the area.
Mr. Baker stated there is also a desire to address the fact that there are
two zoning designations for the single lot. She noted that there was a
previous attempt to reconcile that issue, however, was not achieved on a
PEC vote.
Mr. Larry Mueller, founder and CEO of Cuvee, then provided an overview
of how the building will be operated. Mr. Mueller described the private
lodge and the clientele it serves. He noted that there is a large demand for
high end lodges that allow people to travel as extended families or as
friends and have a private lodge experience with access to high-end
amenities.
Mr. Mueller noted that the property has private space for families as well as
common space. He stated that you can only rent the structure as an entire
unit, and individual rooms are not individually leased out.
Hans Berglund and Emilia Kraft presented to the Board design images of
the proposed building. He noted that setbacks can be modified without a
variance as long as five criteria are met. He then presented why this
proposal meets each of those criteria. Mr. Berglund stated that the
proposal maintains open space and creates a more welcoming pedestrian
element. Additionally, he noted that the proposal will maintain adequate light
and air. Mr. Berglund stated that they reviewed the I BC to ensure they will
meet building code requirements for building setback requirements. He
noted that the proposed building setback has the massing stepped back
between 10'-16' to create more space.
Mr. Berglund then discussed the proposed tower which would comply with
the 60' standard for architectural projections and stated that the tower is
essentially the same height as the Tivoli building next door. He noted that
towers are prominent features and is consistent and will add to the visual
overall landscape from a distance as well as a pedestrian.
Mr. Berglund then described the proposed materials, a stone base around
the house as the main architectural element and the other materials include
two colors of copper siding, one as a very dark bronze tone and a lighter
copper color, heavy timber construction. He noted that the theme is
mountain architecture and speaks to the early days of Vail. He noted that
while they are before the board to talk about setbacks, he feels that the
building design will contribute to the community.
Mr. Kurz inquired about the function of the tower besides the architectural
design.
Mr. Berglund stated that it is mainly architectural, there is not space in it,
with the exception of stairs and a small landing with balconies that wrap
around.
Upon inquiry from Ms. Hopkins, Mr. Berglund stated that the tower could
be lower, however, in order to achieve the effect of a tower, the height is
needed.
Ms. Hopkins inquired about the throughway from Mill Creek Circle to
Golden Peak.
Mr. Berglund stated that the new building will be more attractive. Mr.
Berglund stated that there have been discussions with Vail Resorts about
updating the landscaping. He stated that trees are to be removed within the
property.
The board then reviewed the shadow study. Mr. Stockmar noted a concern
that the shadow is extensive and puts all of Hanson Ranch Road in
shadow, which is icy and has implications for safety. The existing pavers
are snow melted but not the asphalt road.
Upon inquiry from Ms. Perez, Mr. Berglund noted that the alternative
footprint would be similar in terms of shadow impact.
Ms. Baker stated that at the next meeting they will provide the current
condition as well as proposed. Ms. Baker noted that the cumulative impact
will be helpful in a future discussion.
Mr. Kurz inquired about proposed parking.
Mr. Rick Pylman, stated that the lodge parking requirements is 0.7 parking
spaces per room, 7 parking spaces total would be required. 1 '/2 spaces
are attributed to the small caretaker unit. He noted there are 3 spaces in
the garage and 4 spaces outside of the garage. All parking spaces are on
the property.
Mr. Kjesbo noted that Tivoli was required to have 15-minute parking and
cars currently block the sidewalk, which pushes people into the icy road.
Mr. Pylman stated that since the entire property is to be rented out and not
as individual units, they do not foresee parking being an issue. Mr. Kjesbo
noted that the use can change which would impact the operation. Mr.
Stockmar noted that the ownership and use can change at any time. Mr.
Stockmar noted that the PEC must consider future impact as well as
proposed operations.
Mr. Pylman stated they will take the PEC's comments into consideration
into the design.
Mr. Kjesbo stated that the Tivoli was approved with a variance for the
height and noted that he has an issue with something extending up 56' on
the corner and that it looks out of place and unbalances the building. He
does not like that much bulk right at the street.
Upon inquiry from Mr. Kjesbo, Mr. Spence noted that the Town Council
never opined on the zoning change.
Mr. Stockmar stated that the meeting when this property was addressed in
June of 2018, the minutes reflect some of his concerns are allayed by the
design. Mr. Stockmar stated that it was an odd circumstance due to how
the property was obtained. Mr. Stockmar inquired if the applicant would
take out the fence across the back yard?
Ms. Baker stated that they have not contemplated removing the fence,
however, will consider it through the design process. Ms. Baker stated that
the message has been received and will focus on it moving forward. Mr.
Stockmar stated that there may be implications for the fence, existing
trees, and hot tub.
Upon inquiry from Ms. Perez, Mr. Spence stated that the same standards
for variances do not apply for a setback variation. He noted that a variance
is a different thing from a variation, which is subject to the five -criteria Mr.
Berglund enumerated.
Chairman Stockmar opened the hearing up to public comment. No public
comment was provided.
Mr. Gillette discussed the zoning of the property. The commission
discussed open space and zoning with the applicant and Planner Spence.
Ms. Perez stated regarding the zoning it was meant to be space available
to the public and stated the applicant has created this issue. She noted
that it feels like the open space is part of the community. Ms. Perez stated
that she disagrees with Mr. Berglund's analysis of the proposal meeting the
required five criteria.
Ms. Baker clarified that the space has never been publicly open space
and has always been a private lot.
There was a discussion regarding what development can occur in open
space zone districts.
There was a discussion over how the space be preserved to open air and
light in the future.
Ms. Perez pointed out where existing trees will be removed from the street
to accommodate the proposed tower. Ms. Perez stated this will deteriorate
open space, air and light. There was a discussion over where existing
trees will be removed. Tower would go to corner of where the existing
fence is, 60' high.
Mr. Gillette inquired if the building could be built without the rezoning. Mr.
Spence stated no, it could not.
Mr. Stockmar stated they are concerned about massing, height, and the
fence along the south side of the property.
3.2. A request for the review of variances from Section 14-3-1: Minimum 20 min.
Standards, Table 1 Driveway/Feeder Road Standards, Entry Angle
Minimum Deflection, Vail Town Code, in accordance with the provisions of
Section 12-17-1, Variances, Vail Town Code, to allow for a variance to the
entry angle minimum deflection for first 30 feet of driveway length to
facilitate the development of a single-family structure, located at 2698
Cortina Lane/Lot 11, Block B, Vail Ridge Subdivision, and setting forth
details in regard thereto. (PEC19-00013)
Applicant: Benno Scheidegger, represented by Berglund Architects
Planner: Ashley Clark
Planner Clark introduced the variance request. She noted that the
property is unique in that is shares a steep driveway with two other
parcels. Ms. Clark noted that Public Works Department is supportive of
bringing the grade up to code and changing the angle to meet code.
Mr. Berglund reiterated staff's comments.
Chairman Stockmar opened the hearing for public comment.
There were no comments from the public.
Mr. Kurz moved to approve the variance request.
Ms. Perez seconded.
The commission unanimously voted to approve the variance request.
Ludwig Kurz moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Absent: (1) Lockman
3.3. A Report to the Planning and Environmental Commission of an 5 min.
administrative action regarding a request for a minor amendment to Special
Development District (SDD) No. 36, Four Seasons, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for
modifications to the approved development plan in order to permit a non-
residential addition totaling 980 square feet to accommodate a glass
enclosed seating area located at 1 Vail Road/Lot A — C, Vail Village Filing 2,
and setting forth details in regard thereto. (PEC19-0014)
Applicant: Ex Vail LLC Extell Development, represented by OZ
Architecture
Planner: Erik Gates
Planner Gates introduced the project. The glass enclosure is proposed on
the south deck to the restaurant. No action is required by the PEC.
Public Comment — None
3.4. A request for the review of variances from Section 12-6D-9-6 Setbacks, 20 min.
Vail Town Code, in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for variances to the front setback of 20
feet to facilitate the redevelopment of both east and west units, located at
706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting forth
details in regard thereto. (PEC19-00010)
Applicant: Paul & Danita Ostling, represented by Mauriello Planning Group
Planner: Ashley Clark
Planner Clark introduced the application, which was tabled from a past
meeting. The variance on the west side is no longer in the application.
Staff recommendation from the previous meeting stands, which is to
recommend denial.
Allison Kent, Mauriello Planning Group — She read a statement from the
owner's representative, who could not attend the meeting. She described
the property location at 706 Forest Road, and presented images of the
property. The application required several public hearings when it was
originally built. Ms. Kent described the history of the lot and construction,
including being built with a 10' setback. Variances were obtained for the
original construction. All variances on the west side unit have been
eliminated with the application.
Ms. Kent described the variances on the east side. The front entry was
relocated to the second level. Also, a roof pitch change is proposed. She
described the revised plans, and showed a comparison to the previous
application. She showed how the existing home currently sits over the front
setback.
Adam Harrison — Existing front setback is about 3 feet on east side.
Ms. Kent — Stair is proposed 3.9 feet from property line. We are also
removing GRFA from the setback area (70 square feet). She showed a
comparison of the existing GRFA within the setback, and as proposed with
this application.
Ms. Kent — Presented written letters of support from neighboring property
owners. She then reviewed the criteria for a variance in the existing Town
Code. She focused on criteria #2, "to achieve compatibility and uniformity
of treatment". She reviewed other elements of the site that make this
property unique. She reviewed other sites in the Primary/Secondary zone
district with steep slopes. Ms. Kent showed a map analysis of lots in the
Primary/Secondary zone district with the steep slopes layer on. Ms. Kent
argued that this lot was one of the only lots in the district that had steep
slopes extending all the way to the front of the property line. She further
illustrated that the steep slopes layer for an overwhelming majority of the
lots remains at the rear of the lot and does not extend to the front.
Ms. Clark — Explained why staff focused on the uniqueness of the site,
and that the applicant needs to be treated differently to be treated the
same. Ms. Clark noted that the map analysis was helpful in demonstrating
the uniqueness of this lot.
Ms. Perez — Why is it necessary to have the entrance on the second
floor?
Ms. Kent — The site is so steep we are trying to get people into the living
level without going through the garage.
Ms. Perez- Please explain again which side is being demolished, and
which is remodeled. Also please explain the overhang variance.
Ms. Kent — Showed examples of other homes built with front setback
variances.
Public Comment — None
Mr. Kjesbo — In favor of the variance. They have done a good job reducing
and eliminating variances. They are eliminating square footage on the east
unit. I will support
Mr. Gillett — I support the variance. It's a very steep lot and deserves a
variance.
Mr. Kurz —Agree with Kjesbo. Within reason, the applicant had come
close to not meeting a variance, but with changes in favor of the variance.
Ms. Perez — Pleased with reducing the number of variances. You have
also minimized the degree of the variance. Site is a steep lot. Previous
concerns were with the other side of the lot. I'm normally not in favor of
variances, but in favor of this due to the changes.
Ms. Hopkins — In your favor is that the road is so far. Those lots were built
in the 70s and 80s, and for cost reasons were built this way.
Mr. Stockmar — Agree with other Commissioners and issues raised. Laud
the applicant for making a substantial effort to revise plans. The slide
showing the steepness of lots in the area helped to convince me. This is a
very steep lot.
Karen Perez moved to approve. Brian Gillette seconded the motion and it
passed (6-0).
Absent: (1) Lockman
4. Approval of Minutes
4.1. April 22, 2019 PEC Results
Brian Gillette moved to approve. Rollie Kjesbo seconded the motion and it
passed (5-0).
Abstain: (1) Hopkins
Absent: (1) Lockman
5. Adjournment
Ludwig Kurz moved to adjourn. Brian Gillette seconded the motion and it
passed (6-0).
Absent: (1) Lockman
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.
Please call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
Ad #: 0000435571-01
PLANNING AND ENVIRONMENTAL COMMIS-
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
SION J...10, 2019,1:00 PM
Town Council Chambers
Rule provision.
Ts S. Fro.age Road - van, .—re., 8165]
Your account number is: 1023233
1.Callto Order
PROOF OF PUBLICATION
1.1. Executive Session p am to C.R.S. 24-8
402(4)(b) io re we legal advi n specific legal
That the annexed legal notice or advertisement was
questions, regarding quasi-judicial decision making.
VAIL DAILY
39 mm.
of said daily newspaper for the period of 1 insertion; and
1.2. Actions resulting from Executive Session 5 min.
STATE OF COLORADO
2. Site Vista
COUNTY OF EAGLE
.1. 2899 Tail e Ame
2Davos Mr Dav«
ILL.
publication of said notice was dated 6/7/2019 in the issue
3. Main Agenda
I, Mark Wurzer, do solemnly swear that I am Publisher of
3.1. An appeal, Section 12.3.3,
the VAIL DAILY, that the same daily newspaper printed, in
,ureuunitc
Appeals, Vell Town Cotle, of an Inferpmtetion by ih
Adminiahamr o ne Community De slop De-
whole or in part and published in the County of Eagle,
panmenl Ione ring section 12-10-4: Adonlons m
q�iremets for a fore eke, regarding ode; a
6/13/2019.
61 R west L—r— Cl—vt 1, Vail Lmrehead FII.
State of Colorado, and has a general circulation therein,ng
4 (Concert Hall Plaza). and setting forth details
AWL hi
In regards thereto. (TGI9-0003) 45 min.
that said newspaper has been published continuously and
Applicant: Hughes LarM Holding Trust, presents,
Pierce Architects
uninterruptedly in said County of Eagle fora period of
3anner: CC ne Neeuubecker for rev ewo averance
more than fifty-two consecutive weeks next prior to the
nm serine , p -en -R, sn+nnnk:, veil Town code, i.
cordance with he provisions of Section 12-17-1
first publication of the annexed legal notice or
Vanances, Vail Town Code, to allow for a variance t
,he hoot setback of 20 feet for a new T—Famil,
advertisement and that said newspaperhas published the
p
residential building, located at 2699 Davos TraIVLd
16,BIockB,VailRitlgeSubdivisio,antlsettingfoR
Pamela J. Schultz, Notary Public
dacha m rvoi thereto. (PEC 19-0015) d5 min.
ApplMan,r. G1wv l l f.. represen,ed hf
requested legal notice and advertisement as requested.
Amms
sw s. TgrniQsead AlA
The VAIL DAILY is an accepted legal advertising medium,
Y 9 9
m°"; amendments to Tile 12, 2°nmg Hati,leach,
Prate defmMnnsr nnludind he I f
only for jurisdictions operating under Colorado's Home
dundant datimb.ns, the consolidation of definitions
defined malh times. relocation of zov
Rule provision.
hardscaping standard to T"'14 and amendment tc
Ore unsfaoaping regulation to allow, up to 20% par-
meable hartlsoaped spa and setting form details
in eeggard thereto. (PEC 19-001]) 45 min.
A plieanh Town of Vail
That the annexed legal notice or advertisement was
Penner: Hanley Clark
published in the regular and entire issue of every number
4.Appmvel of Minutes
of said daily newspaper for the period of 1 insertion; and
4.1. PEC Results May 13, 2019
5. Adjgumment
that the first publication of said notice was in the issue of
Tha applirations and information about the propos
said newspaper dated 6/7/2019 and that the last
Is are available for public inspection during regular
ofi eM1ours at ha Town of Vail Commun
publication of said notice was dated 6/7/2019 in the issue
,Develop
m t Department, ]5 South Frontage Road. The
public is invited to attentl the projectorenfationand
of said newspaper.
,he att9 visits that precede the public hearing in the
Town Community
ate bject
pment
soaM order of s0are approximate, s
change, and cannot be relied upon to determine
In witness whereof, I have here unto set my hand this day,
et w at twill,the -I Com -
mission...idea ao iittem.Peend Enase call (9170) 479.
6/13/2019.
2138 for additional Information. Please call 711 to
sign language interpretation 46 hour poor to meet-
ing time.
Commun Development Department Published in
opmeenB
AWL hi
the Vailail Daily Junep
PublieM1etl in the Vail Drily June ], 2019
Mark Wurzer, Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
6/13/2019.
Pamela J. Schultz, Notary Public
My Commission Expires: November 1, 2019
PAMELA J. 3CHl1LTi
NOTARY TDL"
5TA.TE. DF c=RAOO
-' N OTARY ID g10994D309]5
k4y Co.mmisslcn Em,res Nave .0.20'19
Ad #: 0000427944-01
THIS ITEM MAY AFFECT YOUR PROPERTY
Customer: TOWN OF VAI L/PLAN DEPT/COMM DEVLM
PUBLIC NOTICE
Your account number is: 1023233
NOTICE IS HEREBY GIVEN that the Planning and
holdapubnch ar g nr=daroo hhsecfiou" 2
3-8, Vail Town Code, ,^dune 10, 2019 st 100 cis
PROOF OF PUBLICATION
n the Town of Vail Municipal Building.
VAIL DAILY
A reqq st for the review of a variance from Section
12 -6D -i l Town Code, in accordance
Setbacks, Vavisions o1 Section 12-17-1, Variances
wig the provisions
STATE OF COLORADO
Vail Town Coda, to allow for a variance to the to
guiired front setback of 2D feet for anew Two -Pointy
idenfial building, located at 2699 Davos TraiOLo
COUNTY OF EAGLE
16, Block B, Vtil Ritlge subdivision, and setting rah
Appli'cantfeg exams, am .D—a EC 1IC, 1re)presenta! b1
Scot S. Tu rnipseed AIA Architecture and Construe
I, Mark Wurzer, do solemnly swear that I am Publisher of
tion, Inc.
Planner: Chris Neubecker
the VAIL DAILY, that the same daily newspaper printed, in
An appeal, pursuant to Section 12-3-3, App-,.
n by the Adistrate
Town Ca e, olan imerpretatiomin
at the Community Development Department c
whole or in art and published in the County of Eagle,
p p g
ingg,Section 12-104: Additions or Changes, Vai
Town C de, for
)
State of Colorado, and has a general circulation therein;
regarding parking requiremonh a re
development prgect located at 616 West Lionsheac
CirdsoLot 1, Vail Lion head Fillhead4 (Concert Hall
that said newspaper has been published continuously and
Plaza), and setting iMh det.Its regards thereto
ITC19-0003)
uninterruptedly in said County of Eagle for a of
AAppellant: Hughhes Land Holding Trust, represent
ad!byPierceAr�Chris
period
Neube ker
more than fifty-two consecutive weeks next prior to the
The approa,inna and intormatio about he prop, -
first publication of the annexed legal notice or
hours ata the' To— of Vail)Cmununity Development
Department, 75 South Frontage Roel. The publlc
advertisement and that said newspaper has published the
Chad 10 are ntl site visas. Please call 970-479-
2138 or visit www'.vellaov. mount nina for addition -
requested legal notice and advertisement as requested.
alirdormatio".
SI language interpretation available upon request
wig 24-hour notification, dial 711.
Published May 24, 2019 in the Vail Dell,
The VAIL DAILY is an accepted legal advertising medium,
0000427944
only forjurisdictions 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 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 5/24/2019 and that the last
publication of said notice was dated 5/24/2019 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
5/24/2019.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
5/24/2019.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
.1Er�E �YM!J MEp!Rd�S
r rnI, eu!ru.
FiATI: Ci -0111-11
NOTMZY lil2ir�079ifIA
u`/vCfi%¢CGON:Xi'IRI:GAk3Gil57et.26x'