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HomeMy WebLinkAboutPEC110033TOWN ,W H11—'i DE ELOP MEhaT Planning and Environmental Commisson ACTION FORM Department of Community Development 75 South Fi,ontage Road r Vai Ir Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 web; www.vailgov.com Project Name: CREEK VIEW LLC (PARKS) PEC Number: PEC110033 Project Description: SIDE SETBACK VARIANCE Participants: OWNER PARKS, MARGRETTA B.& CHRISTO 05/16/2011 PO BOX 1850 VAIL CO 81658 APPLICANT PARKS, MARGRETTA B.& CHRISTO 05/16/2011 PO BOX 1850 VAIL CO 81658 Project Address: 303 GORE CREEK DR VAIL Location: VAIL ROWHOUSE UNIT 6A Legal Description: Lot: I Block: 5A Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101 - 082 - 3001 -8 Comments: BOARD /STAFF ACTION Motion By: KURZ Action: APPROVED Second By: CARTIN Vote: 5 -0 -1 PRATT RECUSED Date of Approval: 06/13/2011 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0012010 This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Planner: Bill Gibson PEC Fee Paid: $500.00 sm Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Tel: 970- 479 -2128 Fax: 970-479-2452 L Web: www.vailgov.com eV19pment Review Coordinator Variance Request Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and un- necessary physical hardships as would result from the strict interpretation and /or enforcement of the zoning regulations inconsistent with the development objectives of the Town of Vail. 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 con- ditions 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. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and /or review by the Design Re- view Board and /or Town Council. Fee: $500 j Description of the Request: �{�ILht, OkAL' a-o�,J 46Z-s � L 1vNNv.(cauSc Ce,Jb0K4_(s11VM.1.5 Physical Address: 903 &00-Z �-'�� •p� .\IYA.riT- 6A Parcel Number: 2t M - tJ� - U ' 0 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Mailing Address: Owner's Signature: Primary Contact/ Owner Representative: Phone: l VNm e-kr; G l__ o-L t-1 l_;F- (d �}{ Wit- R i� A4-e-4( TfL-- S Mailing Address: Lo • L.k or,)54 A,� E -Mail: .M : CJLIL ( 9 �"Iel (O . (0-n. Fax: Phone: ��'O, i �'� •"L°��d For Office Use Only: Q Cash_ CC:: Visa / MC Last 4 CC # Exp. Date: Auth # Check # 3 Fee Paid: A$ SOO .o0 Meeting Date: Planner: Zoning: Received From: K.14 . L.DE-&a PC 1 T E-c 1 <<2E PC. DRB Nc Pasc11 nn3 3 Project No: Q2S - 17 Land Use: Location of the Proposal: Lot: Block: Subdivision: V61 L U ► LLP,; & 1 11 ►oc� 01- Jan -11 05.02.2011 Creek View Renovation Vail Rowhouse #8 Lot 8, A Resubdivision of Block 5, Vail Village First Filing, Vail Rowhouses Subdivision ADJACENT PROPERTY OWNERS NAMES & ADDRESSES: Right of Way /Open Space: Town of Vail Department of Public Works 75 South Frontage Rd. Vail, CO 81657 Founder's Parking Garage: Belltower 201, LLC c/o Texie Lowery 15 Lynn Rd Englewood, CO 80113 Mill Creek Court Condominiums: c/o Montage Properties PO Box 19135 Avon, CO 81620 Vail Rowhouses #1: Joel and Lisa Appel 5595 S Krameria St Greenwood Village, CO 80111 Vail Rowhouses #8: Erickson S. Shirley PO Box 2179 Vail, CO 81658 Vail Townhouse Condominium Association do Dale Bugby 635 N. Frontage Road, #1 Vail, CO 81657 Vail Townhouse Condominiums #6b: Welles -Vail, LLC c/o Deborah Welles 4950 Sanford Circle W Englewood, CO 80113 Vail Townhouse Condominiums #4a, 4b, 5a, 5b: Family Vail, LP Vail 4a LLC Vail 4b LLC 11 S. Wacker Dr., Ste 4600 Chicago, IL 60606 Mountain Haus Condominiums: Mountain Haus Condominiums Attn: Steve Hawkins 292 E. Meadow Dr. Vail, CO 81651 Vail Mountain lodge: VML LLC 352 E. Meadow Dr. Vail, CO 81651 05.02.11 Creek View Residence Renovation Vail Rowhouse #6a, 303 Gore Creek Drive Lot 6a, Tract B, Vail Village First Filing, Vail Townhouse Condominiums ESSENTIAL DATA: Zoning: High density multiple - family (HDMF) district Lot Area: 10,000sf required; +/- 2,846sf existing — VARIANCE REQUESTED Street Frontage: 30' required; +/- 26' -2" existing; no change proposed — VARIANCE REQUESTED Front Setback: 20' required; 24' existing; no change proposed Side Setbacks: 20' required; 0' existing; no change proposed — VARIANCE REQUESTED Rear Setback: 20' required; 16' existing; no change proposed — VARIANCE REQUESTED Height: 48' allowed (sloping), 45' allowed (flat); 28' existing; no change proposed Site Coverage: 55% allowed = 1,565sf, 1,470sf existing; no change proposed Landscaping: 30% minimum required, with a minimum length and width of 15'x15' or 300sf to qualify as landscaping area. 854sf required; + / -500sf exist; no change proposed. One Colorado Blue Spruce tree to be replaced with specimen tree of similar size after construction complete to facilitate construction process. — VARIANCE REQUESTED Parking: 75% of parking required to be off - street and /or hidden from adjacent properties and are not to be allowed in the front setback. 2 spaces exist in the front setback; 2 spaces proposed in their existing location. Parking spaces share access with #6b. New parking and entry areas are proposed to be snow melted pavers to complement Town of Vail streetscape plans. The existing site walls, columns and gate are to be re -built in similar configurations in the front setback. — VARIANCE REQUESTED DESCRIPTION OF PROPOSED USE: Pursuant to paragraph 12 -6H -5 lot Area and Site Dimension and 12 -6H -6 Setbacks of the Municipal Code of the Town of Vail. Applicant addresses the matters set forth in the application as follows: I. The relationship of the requested variance to other existing or potential uses and structures in the vicinity: The units that make up the Vail Townhouse Condominiums (VTC) were originally built in mid -1960s and have undergone substantial upgrades to individual units over the years with a major remodel completed in 2005. All of the VTC residences as well as all of the Vail Village Row Houses (VRH) require many of the same variances to renovate or remodel their units. The existing properties are non - conforming in respect to their lot sizes according to the underlying zone district requirements and in respect to the fundamental nature of the townhouse or row house architectural form sharing common adjacent property party walls, thereby being non - conforming in respect to their side setbacks. Other non - compliant features of all residences in the VTC and VRH is that none of the residences provide off - street parking or parking outside of the front setback as stipulated in the Town of Vail Code and most are non - compliant in not providing 30% of their site coverage for landscaping. Most, if not all, non - conformities are a direct result of the intrinsic, fundamental features of the row house or townhouse architectural form not being the best fit for the HDMF zoning that the residences have been bound by recently, long after their original planning and construction in 1964. The proposed variance requests are unusual as the existing structure and the proposed structure are substantially similar. Both adjacent properties are in similar configurations and like uses. The net result of the proposed renovation is a substantially upgraded property that will not change or alter the nature or fabric of the neighboring properties. 1. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege: The relief requested will only replace the existing structure with a substantially similar, yet upgraded structure. Uniformity in all of the VTC and VRH properties' treatment is the only way redevelopment can occur with these properties. These variances have been granted in the past and no special privilege is apparent. 3. The effect of the use on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed renovation will not have any effect on any of the above factors. 4. How the request complies with the adopted Town of Vail planning policies and development objectives. The proposed request is fully compliant with Town of Vail planning policies and is an encouraged pattern to redevelop and upgrade Vail Village Core properties. Bwrl 0e ' JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association In the case of a con- dominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) The Welles -Vail, LLC , a joint owner, or authority of the association, of property located at Unit 6B,Gore Creek Drive, Vail, CO 81657 , provide this letter as written approval of the plans dated March 7, 2011 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Items detailed on the approved plans dated March 7, 2011 signed by The Welles -Vail, LLC (The "Approved Plans "). 8, �Lo l 1 T(Jignature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure com- pliance with the Town's applicable codes and regulations. * tV� (Al _ * The modifications to the Approved Plans specified on Exhibit A must have prior (Initial here) approval of The Welles -Vail, LLC. I understand that all mod cations, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) TOWN OF 0) VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 13, 2011 SUBJECT: A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson I. SUMMARY The applicant, Creek View LLC, represented by KH Webb Architects, is requesting a variance from the minimum setback requirements of the High Density Multiple - Family District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Creek View LLC, represented by KH Webb Architects, is proposing renovations to Unit 6A, Vail Townhouse Condominiums including the construction of a 26 square foot first floor addition on the southeast corner (front, east side) of the existing dwelling unit to accommodate the installation of a new interior stair landing. The applicant is requesting a variance from the minimum setback requirements of the High Density Multiple - Family District to facilitate the construction of this element of the proposed renovation. Unit 6A is the eastern most unit of the Vail Townhouse Condominiums and the proposed first floor addition is located zero feet (0') from the eastern property boundary. This existing eastern property boundary separates the subject Vail Townhouse Condominiums from the abutting Unit 7, Vail Rowhouses. A vicinity map (Attachment A), the applicant's request (Attachment B), and photographs (Attachment C) have all been attached for review. III. BACKGROUND In 1963, the Vail Townhouse Condominiums and the Vail Rowhouses were originally constructed as a townhouse style residential development. This original development consisted of thirteen lots (Lots 1 -13) with the townhouse structures on some lots divided into multiple dwelling units. Despite being constructed as a townhouse style development, these thirteen lots were originally subdivided under Eagle County jurisdiction as individual development sites rather than as a collective multiple - family development. In 1964, Lots 1 -6 of this original townhouse development were re- subdivided as the Vail Townhouse Condominiums. Since the approval of that condominium map, Lots 1 -6 have been treaty as a single, collective development site for zoning purposes. However, for zoning purposes, Lots 7 -13 (Vail Rowhouses) are still treated as individual development sites today. In 1966, the subject Vail Townhouse Condominiums were including in the original incorporation of the Town of Vail. The Vail Townhouse Condominiums are zoned High Density Multiple - Family District. The Vail Townhouse Condominiums are legally non - conforming in regard to several development standards of the Vail Town Code including density controls, setbacks, parking, etc. The eastern units of the Vail Townhouse Condominiums (Unit 6A & 613) have an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. Due to the numerous existing legal non - conformities of the Vail Townhouse Condominiums (Lots 1 -6) and the abutting Vail Rowhouses (Lots 7 -13), the Town of Vail Planning and Environmental Commission has reviewed numerous variance requests for these properties including the following: Units 2A & 213: Setback variances approved in 2000 and 2002 Unit 213: Density control variance denied in 1979 Unit 613: Setback variance approved in 1987 Lot 7: Setback variances approved in March and September 2004 Lot 8: Density control variances denied in 1984 and 1999 Setback variance approved in 1984 Setback variance approved in 2004 Lot 9: Setback variances approved in 1990 Lot 11: Density control and setback variances approved in 1984 Town of Vail Page 2 Lot 12: Density control and setback variances denied in 1984 Density control and setback variances approved in 1985 Lot 13: Setback variances approved in 1981 and 1993 The Planning and Environmental Commission has previously approved similar side setback variances for both the western and eastern end units of the Vail Townhouse Condominiums (Units 2A, 213, and 6B) IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Village Master Plan Chapter V: GOALS, OBJECTIVES, POLICIES AND ACTION STEPS (in part) Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Chapter VII: VILLAGE SUB -AREAS (in part) East Gore Creek Sub -Area ( #6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade Town of Vail Page 3 structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. Zoning Regulations (Title 12) Article 12 -6H: HIGH DENSITY MULTIPLE - FAMILY DISTRICT (in part) 12 -6H -1: PURPOSE: The high density multiple- family district is intended to provide sites for multiple- family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6H -6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 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. V. SITE ANALYSIS Address: 303 Gore Creek Drive Legal Description: Lots 1 -6, Block 5, Vail Village Filing 1 (Vail Townhouse Condominiums) Zoning: High Density Multiple - Family District (HDMF) Town of Vail Page 4 Land Use Designation Geological Hazards: Lot Area: Development Standard GRFA (max): Site Coverage (max) Landscape Area (min) Setbacks (min) Village Master Plan None 16,220 sq.ft. /0.372 acres Allowed /Required Existing Proposed 250 Addition and 217 sq.ft. of 250 243 sq.ft. of 250 Interior Conversion 8,921 sq.ft. (55 %) 7,266 sq.ft.(45 %) 7,292 sq.ft.(45 %) 4,866 sq.ft.(30 %) 6,035 sq.ft.(37 %) 6,009 sq.ft.(37 %) 20 ft. front 20 ft. rear 20 ft. west side 20 ft. east side VI. SURROUNDING LAND USES AND ZONING 23 ft. front 7 ft. rear 15 ft. west side 0 ft. east side no change no change no change 0 ft. east side VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. As identified in Section III of this memorandum, the subject Unit 6A of the Vail Townhouse Condominiums has an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. The applicant is proposing an addition that matches this existing zero foot (0') setback. Staff does not believe this proposal will negatively affect the existing or potential uses and structures in the vicinity in comparison to the existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Town of Vail Page 5 Land Use Zoning North: Stream Tract Outdoor Recreation District South: Mixed Use Commercial Core 1 District West: Stream Tract Outdoor Recreation District East: Residential High Density Multiple - Family District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. As identified in Section III of this memorandum, the subject Unit 6A of the Vail Townhouse Condominiums has an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. The applicant is proposing an addition that matches this existing zero foot (0') setback. Staff does not believe this proposal will negatively affect the existing or potential uses and structures in the vicinity in comparison to the existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Town of Vail Page 5 The subject Unit 6A is located on the eastern end of the Vail Townhouse Condominiums and is subject to the 20 foot side setback requirement of the High Density Multiple - Family District. However, the subject Unit 6A is only 26 feet wide. So unlike the dwelling units interior to the Vail Townhouse Condominiums, few additions can be constructed on the subject property without a side setback variance. The Planning and Environmental Commission has granted previous side setback variances to several dwelling units in the Vail Townhouse Condominiums and the abutting Vail Rowhouses due to the unique circumstances associated with these properties. Therefore, Staff believes the applicant is requesting relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity of treatment among other dwelling units in the Vail Townhouse Condominiums and other dwelling units in the High Density Multiple - Family District and to attain the objectives of the Town's development objectives without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe approval of this variance will have a significant negative effect on light and air, distribution of population, transportation and traffic utilities, public facilities and utilities or pubic safety in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. In 1987, the Planning and Environmental Commission approved a similar side setback variance for Unit 6B to allow for renovations to the rear (north) entry. VIII. RECOMMENDATION The Community Development Department recommends approval, with a condition, of this request for a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the Town of Vail Page 6 side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission impose the following condition: "1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application." Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission makes the following findings: " "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated June 13, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple- Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the High Density Multiple- Family District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple- Family District. " IX. ATTACHMENTS A. Vicinity Map B. Architectural Plans C. 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