PEC Meeting 9/22/2025

Updated about 15 hours ago

The Planning and Environmental Commission (PEC) generally meets on each month's second and fourth Mondays at 1 p.m.

This volunteer board of the Town of Vail is responsible for reviewing planning and environmental issues within the town. The Planning and Environmental Commission (PEC) generally meets on each month's second and fourth Mondays at 1 p.m.

Chapters

Public Comment Limitation Announcement (00:00:08)
Public comments are limited to three minutes with a visible timer.

The meeting chair announced that public comments would be limited to three minutes per speaker. A timer will be displayed on the screen to indicate the remaining time for each speaker, ensuring that the meeting can proceed efficiently.
Agenda Overview and Adjournment Plan (00:00:25)
Overview of the agenda and plan for a 6 PM adjournment.

The chair provided an overview of the meeting's agenda, noting that it is quite full. They stated the intention to adjourn the meeting by 6 PM and mentioned the possibility of curtailing some items if necessary to maintain this timeline.
Variance Request for Retaining Walls (00:00:42)
Review of variance request for retaining walls over six feet due to site constraints.

Greg Roy, the planner, presented a variance request for retaining walls exceeding six feet in height on a unique lot with an easement for a water tank. Due to the water tank's age and required repairs, the walls now have a greater height than previously. The variance is needed because there is insufficient room within the easement to step the walls back as required by regulations.
Applicant Presentation on Variance Request (00:05:00)
Presentation by Dan Dur and Jeff Schneider on the retaining wall variance.

Dan Dur, the project manager, and Jeff Schneider, the engineering manager, presented further details on the retaining wall variance request. They explained the constraints due to the location and condition of the existing water tank, which requires shoring up and limits their ability to meet standard wall height regulations without a variance.
Commissioner Questions and Discussion on Variance (00:08:11)
Commissioners asked questions and discussed the variance request details.

Commissioners asked the applicants questions regarding the retaining wall height and the tank's condition. Discussion included the feasibility of alternative solutions and the impact on the surrounding infrastructure. The commissioners aimed to understand the necessity and implications of granting the variance.
Public Comment on Variance Request (00:10:12)
Opportunity for public comment on the retaining wall variance request.

The meeting opened the floor for public comment on the variance request for the retaining walls. However, there were no public comments made in the room or online, and the public comment section was closed shortly after.
Commissioner Comments and Motion on Variance (00:10:34)
Commissioners expressed support for the variance and approved it unanimously.

After closing public comments, commissioners expressed their views, all supporting the variance due to the exceptional circumstances and the critical nature of the water infrastructure involved. A motion was made to approve the variance with conditions and findings, which passed unanimously.
Proposal for Concert Hall Plaza Redevelopment (00:12:26)
Review of the proposal for redevelopment of Concert Hall Plaza.

The meeting proceeded with a proposal for the redevelopment of Concert Hall Plaza, including exterior alterations and a below-grade parking variance. The planner, Heather Knight, presented the site plan, pedestrian easement improvements, and landscape updates, emphasizing the project's alignment with the Lionhead redevelopment master plan.
Applicant Presentation on Concert Hall Plaza (00:29:33)
Applicant Dominic presented the redevelopment plans for Concert Hall Plaza.

The applicant, Dominic, representing the development team, presented the redevelopment plans for Concert Hall Plaza. He discussed the design changes made in response to feedback, outreach conducted with tenants, and collaboration with neighboring property owners to ensure a harmonious development.
Public Comment and Project Support (00:32:02)
Discussion of public support for the project, particularly the pedestrian passageway, and the engagement process.

The meeting began with comments regarding public support for the proposed plan, especially the pedestrian passageway through the property. The speaker highlighted the efforts made for public outreach and engagement, responding to questions, and ensuring the public utilized the input process effectively.
Project Design Changes Overview (00:32:37)
Overview of design changes to improve the project, including wall adjustments and landscaping for wildfire requirements.

The speaker provided an overview of recent design changes, such as adjusting wall depths to increase space without losing commercial area. Landscaping plans now address wildfire requirements and feature species that can survive in shade and require minimal water.
Easement and Plat Clarifications (00:33:29)
Clarification of easements on the plat and the impact of previous easement vacations on the current project.

A detailed explanation was given about the easements on the current plat, which vacated all previous easements. The new pedestrian easement was highlighted, and public confusion about diagonal lines on the plat was addressed.
Building Mass and Context (00:35:19)
Discussion of the building's mass in context with surrounding structures and the quality improvement of pedestrian areas.

The speaker addressed concerns about the building's mass, explaining that its footprint is small compared to surrounding structures. The quality of the pedestrian experience was discussed, with plans to improve the passageway to match the quality of other upgraded areas in Vail.
Landscape and Access Plans (00:36:34)
Presentation of the landscape plan and pedestrian access, emphasizing integration with existing landscapes.

The landscape plan was presented, showing how it integrates with neighboring properties. The pedestrian access was designed to be well-integrated and aesthetically pleasing, with provisions for public art and improved lighting.
Restroom and Commercial Space Considerations (00:51:06)
Discussion on the need for public restrooms and commercial space layouts, considering public access and operational efficiency.

There was a discussion about the restroom facilities, with concerns about the lack of public restrooms and how each commercial space should handle its restroom needs. Suggestions were made to possibly have a shared public restroom to accommodate public needs.
Design Deviations and Criteria (00:54:42)
Clarification on the design deviations and how the project meets the town's design criteria.

The staff and applicant discussed whether there are any design deviations from the town's criteria, with an emphasis on wall surface criteria and how the building's design incorporates various step backs and architectural features to meet guidelines.
Mechanical and HVAC Considerations (00:57:56)
Discussion on the handling of mechanical equipment, including chimneys and HVAC systems.

The handling of mechanical systems, such as chimneys and HVAC, was discussed. The plans include a chimney dedicated to commercial uses, and the equipment will be mostly housed in the basement, minimizing rooftop impacts.
Public Comments (01:01:52)
Public comments were invited with a focus on maintaining time efficiency due to a full agenda. Samantha Sunshine spoke passionately about the value of the Concert Hall Plaza and the potential negative impact of proposed changes.

The meeting opened for public comments, with a request for speakers to limit their remarks to three minutes. Samantha Sunshine, owner of Sunshine Massage Studio, expressed concerns about proposed changes to the Concert Hall Plaza. She emphasized its importance as a community hub and the potential loss of local businesses like the little diner, which she described as irreplaceable. Sunshine urged the council to consider the preservation of small businesses that contribute to the unique character of Vail.
Commissioner Discussion and Comments (01:06:18)
Commissioners discussed the application, focusing on its compliance with zoning requirements and the emotional impact of displacing local businesses. They acknowledged the importance of local businesses while noting the limitations of current codes.

Commissioners began discussing the application, noting its compliance with zoning requirements, including the necessity of parking and pedestrian access improvements. Robin expressed understanding of public concerns about displacing beloved local businesses due to redevelopment. Commissioners agreed that while they sympathize with these concerns, they are bound by current policies that do not require compensation for displaced businesses. They encouraged continued public advocacy for policy changes.
Approval of Application (01:13:14)
The Planning and Environmental Commission approved the application for major exterior alteration and a setback variance with conditions, acknowledging the redevelopment's compliance with existing codes and its potential improvements.

The commission reviewed the application for a major exterior alteration and a setback variance for below-grade parking. Commissioners discussed the merits and challenges, including the impact on local businesses. Despite emotional concerns, the application was found to comply with existing code requirements. A motion to approve the application with conditions was made and seconded, followed by a unanimous vote in favor. A separate motion for the setback variance was also approved unanimously.
New Agenda Items (01:27:28)
The commission opened new items related to a request for recommendation to amend the Vail Village Master Plan and a special development district proposal, focusing on building height amendments and conditional use for timeshare units.

The commission opened new agenda items, including a request for recommendation to amend the Vail Village Master Plan's conceptual building height plan and the establishment of a new special development district to allow for a multifamily project. These items were discussed concurrently with a conditional use permit amendment for timeshare units. The planner, Greg Roy, introduced the items and explained the process, noting that the current meeting was for feedback purposes and that a future meeting would involve a decision.
Project Revisions and Feedback (01:33:38)
Presentation of revisions to proposed development plans and request for feedback from the PEC, town staff, and neighbors.

The project team presented revisions to the development plans, including reductions in building height and density, increased setbacks, and landscaping improvements. Feedback from the Planning and Environmental Commission (PEC), town staff, and neighbors was sought to ensure the project aligns with community expectations.
Development Goals and Compliance (01:35:01)
Discussion on how the project aligns with town development goals and complies with town code and master plan.

The project team outlined how the Lunar Vail and Apollo Park redevelopment achieves town development goals, aligns with the master plan's recommendations, complies with town code, and fits within the evolving character of the neighborhood.
Site Constraints and Design Considerations (01:37:21)
Explanation of site constraints and their impact on the proposed site plan and building design.

The presentation covered the significant site constraints such as steep slopes and property line configurations that influence the design. The team discussed how these constraints affect the layout, building orientation, and overall site planning.
Public Safety and Emergency Access (01:41:24)
Overview of public safety considerations and emergency vehicle access in the proposed design.

The project ensures compliance with emergency vehicle access requirements, including personnel access and ladder placement for firefighters. The design incorporates all-weather pathways and necessary access to ensure safety and compliance with standards.
Traffic and Environmental Impact Reports (01:49:42)
Presentation of the traffic study and environmental impact report findings, confirming compliance with town code and no long-term adverse impacts.

The project team's traffic study concludes compliance with traffic elements of the review criteria. The environmental impact report indicates no long-term adverse environmental impacts, aligning with town code requirements.
Discussion on CDOT Requirements and Emergency Access (02:04:04)
Discussed CDOT requirements for access spacing and emergency vehicle provisions across the project site.

The discussion focused on the requirement by CDOT regarding the spacing between access points. To accommodate emergency vehicles, a proposal was made to allow them to cross in front of the building on the north side and exit through a new drive aisle location. This change, however, necessitates a slight reduction in the landscape area on the north side of the building.
Public Works Requests on Site Vehicle Movement (02:04:47)
Public Works requested depiction of vehicle turning movements to ensure no conflict on site.

The Public Works Department requested that vehicle turning movements be depicted to ensure that vehicles can maneuver on the site without conflict. A parabolic fisheye mirror is proposed to improve sight distance, which is a common solution for such issues.
Onsite Guest Registration and Parking (02:05:31)
Provision of onsite guest registration and short-term parking spaces on the first level.

Onsite guest registration is provided on the first level of the building, along with short-term parking spaces on parking level P1. The slide shows how access to the guest registration area is accommodated.
Vail Village Master Plan Amendments (02:05:55)
Amendments to the Vail Village Master Plan were discussed, with feedback from town staff.

The amendments to the Vail Village Master Plan were discussed, noting that feedback from town staff was received. Further discussion on the amendments was suggested if time allowed.
Building Height and Design Revisions (02:06:38)
Comparisons of previous building designs with current revisions in height and form.

The revisions to the building's height were highlighted, including lowering the Apollo Park building to match the Vail Mountain View residences. The changes aim to reduce bulk and mass to fit better with the surrounding developments.
Emergency Vehicle Access and Landscape Requirements (02:08:08)
Emergency vehicle access requirements and landscape implications were discussed.

The discussion covered the emergency vehicle access previously approved and how current codes now prohibit using Grass Creek pavers, affecting landscape area requirements.
Site Access and Parking Considerations (02:09:05)
Detailed site access plan including loading, delivery, and surplus parking spaces.

Site access plans were presented, including provisions for a single loading and delivery space that does not impede vehicle or emergency access. Surplus parking spaces have been increased.
Sunshade Analysis Update (02:17:40)
Updated sunshade analysis reflects building impacts on surrounding properties.

The sunshade analysis was updated to include surrounding buildings, showing the worst conditions during winter months and emphasizing the priorities of maintaining views over sun access.
Setback and Encroachment Details (02:21:37)
Presentation on setback encroachments and compliance with town codes.

Detailed illustrations were provided showing areas where setback encroachments occur, primarily below grade, with explanations of the compliance with town codes for decks and stairs.
Discussion on Building Height and Master Plan Compliance (02:33:51)
Discussion on the building height as per the master plan, focusing on the Vail Village recommendations.

The participants discuss the building height recommendations of the Vail Village master plan, noting that the master plan suggests five to six stories of building height. Concerns are raised about whether the current plans accurately represent these recommendations, particularly on the north side of the site.
Public Comment and Further Discussion (02:38:22)
Public comments and further discussion about the SDD, geometric standards, and housing.

Participants engage in further discussion regarding the SDD, geometric standards, and related housing issues. Public comments are solicited, with concerns about building mass, scale, and public benefits being prominent.
Master Plan and SDD Justification (02:54:00)
Discussion on the justification for the Special Development District (SDD) and how it aligns with the master plan.

The conversation shifts to justifying the SDD in light of the master plan. Participants discuss how the SDD fits the master plan's guidelines for building height and public benefit. There is also talk about how previous developments have set precedents in the area.
Discussion on Fee and Lieu Costs (03:05:12)
Discussion regarding fee and lieu costs, potential rate changes, and timing specifics.

The council discussed the timing of fee and lieu costs and how rates might change by the time payments are made. Concerns were raised about how these specifics of timing could be achieved.
Discussion on Deed Restrictions for Housing (03:05:39)
Debate on deed restrictions that limit occupancy to Town of Vail employees and administrative burdens.

A member questioned the housing representative about deed restrictions that would allow only Town of Vail employees to occupy certain units. It was debated whether this added complexity and administrative burden to the system. Concerns were voiced about the town's policy and its disconnect with the current code.
Public Comment on Development Proposal (03:10:00)
Numerous residents expressed concerns about the new development proposal, citing size, impact, and safety issues.

The public comment session included many residents speaking against the proposed development project. Concerns included the project's size, its impact on neighborhood character and natural surroundings, safety and infrastructure issues, and the perceived disregard for zoning regulations. Residents urged the council to reject the proposal, citing it as incompatible with Vail's character and detrimental to the local community.
Public Comment Session (03:35:37)
Public comments included concerns about Apollo Park development and potential lawsuits. Lisa Wittmeyer raised issues about promised intervals and unit sales prices.

The public comment session included various concerns from the community. Lisa Wittmeyer questioned promises made to interval owners of Apollo Park, particularly regarding unit sales prices in the millions. There was also mention of an ongoing lawsuit. Public comments were limited to three minutes per person, and the session concluded with no further hands raised online or in the room.
Discussion on Apollo Park Development Plans (03:42:00)
Discussion centered on the lack of final approved plans for Apollo Park, phase one redevelopment, and proposed changes for phase two. Issues of building scale and density were highlighted.

The discussion focused on the status of development plans for Apollo Park. Phase one includes taking down certain buildings and the base for Altus. The proposal for phase two involves redeveloping the east half of the property. Concerns were raised about building scale, square footage, and the impact on the community. The need for concrete suggestions and alternatives was emphasized.
Commissioner Comments on Development Proposal (03:58:00)
Commissioners provided feedback on the Apollo Park proposal, focusing on building height, public benefit, and alignment with the master plan. Concerns about density and visual impact were discussed.

Commissioners commented on various aspects of the Apollo Park development proposal. Key points included concerns about building height, particularly along the creek, and the need for the development to align with the master plan's vision. The importance of public benefits, such as housing, to justify increased density was discussed. Commissioners also noted the need for further discussion on public benefit contributions and housing recommendations.
Motion to Continue Hearing (04:02:33)
A motion was made and seconded to continue the hearing on the Apollo Park development to a later date. The motion passed unanimously.

The committee moved to continue the hearing regarding the Apollo Park development to allow for further discussion and review. The motion to continue was made and seconded, with all commissioners voting in favor.
New Item: Request for Recommendation on Fee in Lieu Regulation Amendment (04:03:19)
A new agenda item was introduced regarding a proposed amendment to fee in lieu regulations. The amendment seeks to accept fees for underutilized exchange employee housing units.

The meeting introduced a new item for discussion: a proposal to amend the regulations regarding fee in lieu for exchange employee housing units (EHU). The amendment would allow the Town Council to accept a fee when an EHU is deemed underutilized. The proposal aims to improve the efficiency of the EHU exchange program and ensure better use of housing resources. The planner Jamie provided an overview, and further discussion was planned.
Discussion on Zoning Amendment and EHU Exchange (04:07:30)
Discussion on proposed zoning amendments, focusing on EHU exchange to improve housing utility and flexibility.

The meeting discussed proposed changes to the zoning code, particularly focusing on the Employee Housing Unit (EHU) exchange program. The goal is to provide more flexibility and applicability to expand opportunities and incentivize turnover of underutilized EHUs. The discussion included the rationale behind these changes and the specific language amendments proposed. The staff recommended that the BEC forward a recommendation of approval to the Town Council. The amendment aims to enhance the effectiveness of deed restrictions and facilitate better performing housing units.
Presentation by Anna Banks on Housing Development (04:10:57)
Anna Banks, Housing Development Specialist, presents on housing goals and proposed changes to EHU exchange.

Anna Banks, the housing development specialist, presented the town's strategic goals to acquire more deed restrictions and ensure existing ones meet community needs. The proposed change to the town code aims to create more flexibility in the EHU exchange program, incentivizing the turnover of underutilized deed restrictions. Anna discussed the specific changes in code language, emphasizing expanding applicability for fee-in-lieu and allowing negotiation on fee reductions. The presentation highlighted the intent to address underutilized housing and improve the program's effectiveness.
Public Comment Period (04:39:06)
Public comment period opens for community members to share their thoughts on proposed zoning changes.

The meeting opened the floor for public comments, allowing community members to express their opinions on the proposed zoning amendments and the EHU exchange program. The chair reminded participants to keep their comments concise and respectful of the allotted time. This segment was an opportunity for the public to voice support, concerns, or suggestions regarding the changes discussed in the meeting.
Architect's Experience and Planning Presentation (04:40:21)
An architect with experience in PEC and DRB discusses development, lot sizes, and EHU ordinances in Vail, expressing concerns about equity in the system.

A speaker, who is an architect and has served on the Planning and Environmental Commission (PEC) and the Design Review Board (DRB), discusses his experience with planning in Vail. He talks about the history of lot sizes in Vail, mentioning large lots on Mill Creek Circle and Rockledge Road. He explains the annexation history of areas like Westville. The speaker also discusses the density ordinance and EHU (Employee Housing Unit) ordinance, expressing concerns about the equity of the system and how some homeowners in wealthier areas like Mill Creek Circle are treated differently. He concludes by noting ongoing misrepresentations by the town's housing staff regarding his rental unit.
Public Comment by Lauren Wallace (04:48:07)
Lauren Wallace emphasizes the need for clear rules on underutilized properties and warns against broad laws that might have unintended consequences.

Lauren Wallace provides public comment via an online platform. She stresses the importance of having clear and consistent rules regarding underutilized properties. Wallace warns that overly broad laws could lead to unwanted consequences, such as encouraging property owners to circumvent obligations. She suggests that deeds tied to individuals who pass away or that are otherwise unenforceable should be carefully considered to avoid misuse.
Commissioner Comments and Concerns (04:48:40)
Commissioners express concerns about the broad language of the EHU exchange program and its potential use to support specific projects like Timber Ridge.

During the commissioner comments, several commissioners express their concerns about the broad language used in the EHU exchange program. They worry that the lack of clear definitions could lead to the program being used to support projects like Timber Ridge, which they feel might not align with the town's long-term goals. Commissioners stress the need for more clarity and framework around terms like 'underutilized' and the implications for affordable housing. They discuss their trepidation about the language not being precise enough to prevent future misinterpretations.
Motion to Deny EHU Program Amendment (04:52:32)
The Planning and Environmental Commission votes to deny the proposed amendment to the EHU program due to concerns about its broad language and implications.

A motion is made by the Planning and Environmental Commission to forward a recommendation of denial to the Vail Town Council regarding the proposed amendment to the EHU program, which would allow for a fee in lieu of an exchange EHU. The commissioners vote unanimously to deny the amendment, citing concerns about the broad and vague language that could lead to varied interpretations and applications. They believe the current proposal does not meet the necessary findings and suggest that more specific definitions are needed.
Approval of Minutes (04:54:54)
The commission approves the minutes from the previous meeting with no opposition.

A motion is made to approve the minutes from the previous meeting. The motion is seconded, and all commissioners vote in favor. There is no opposition, and the minutes are approved unanimously.
Master Plan Amendment Discussion (04:55:23)
Discussion on the proposal to amend the Vail Village master plan to ensure no net loss of eating and drinking establishments during redevelopment.

George Ruther discusses a proposed amendment to the Vail Village master plan, specifically regarding the redevelopment of the Red Lion building. The proposal aims to ensure there is no net loss of eating and drinking establishments in the building. It suggests that outdoor dining decks could count towards maintaining vibrancy at the street level. Ruther notes that the current emergency ordinance might be too broad and suggests a more targeted amendment to the master plan to address specific properties and desired outcomes.
Adjournment (05:02:33)
The meeting is adjourned following a motion and unanimous vote to adjourn.

A motion is made to adjourn the meeting. The motion is seconded, and all commissioners vote in favor. The meeting is officially adjourned with no opposition.