HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT M O VAIL PLAZA HOTEL 2001 MAJOR AMENDMENT ORDINANCE NO 21 SERIES OF 2001 PEC 08 13 2001 TOWN COUNCIL 08 21 2001 TOWN COUNCIL 09 04 2001 PART 2 LEGAL1
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MR. RUTHER: The runoff work. There you
will notice, Galen, under item number 7, condition
number 7 on page 5 --
MR. AASLAND: Okay.
MR- RUTHER: States that the developer meets
with the Lown staff to prepare a memorandum of
understanding outtining the responsibilities and
requirements of the required off-site improvements
prior to second reading of an ordinance approving the
major amendment. That is something that,s forthcoming
in working with Lhe applicant. We,re not sure whether
or not we're going to agree 100 percent on what the
applicant provides financially or is obligated to
consLruct.
But what we do foresee is preparing for the
council, providing them with Ehe information so they
can make the decision as to -- and f Lhink what we,re
talkinq about here is drainage and surface warer
managfement on t.he site. I think Gregi Hall, our town
engineer, public works director, has a slightly
different. view than Tim Losa of Zehern & Associates.
But Lhat's something that. they can work out and then
1et. Lhe council make the final deLermination since the
Lown's paying for it out of the town budget.
MR- AASLAND: Okay. So whaE f underst.and
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1 from that is Tim's -- whaL it says in his letter is
2 being superseded by this condition number 7?
3 MR. RUTHER: What it will be is when we go
4 to the town council-, we will provide t.hem with the
5 memorandum which out.lines al-l of the construction
6 responsibilities and obligations of this project. And
7 the final decision will be made by the town council as
B to whether or not the applicant is responsible for
9 these surface water improvemenL or the Town of Vail- is
1-0 responsibLe for this improvement.
11 We're st.ill coming to terms on a portion of
12 the off-site improvements that deal with the fronLage
13 road. There's a -- I don't wanL to say a
14 disagrreement, but there's a difference of opinion on
15 exactly whose obligration that should or should not be.
L6 You know, is it an existing problem that the town
t'7 needs to address and shoul-d address today, or is it
l-8 something that is a direct impact of the construction
L9 of Lhe hotel? And that's whaL we need to work
20 Ehrough. And, like I said, the council will make the
2I final deLermination as Lo whose obliqation that
22 specific item is.
23 f beLieve everything else when it comes to
24 off-site improvements and public improvements is
25 agreed upon, mutually agreed upon belween the town
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staff and the applicant. And we,re down to one issue-
. MR. AASLAND: Another question for George
would be, and it will kind of follow up to Diane,s
question, about privacy and the EHUs. And thac was
brought up when Stan Cope (phonetic) came in with the
athletic club. And has the staff ever identified any
position on that? Or the fact that they have just
provided the beds, is that what's sufficient for the
town ord.inance?
MR. RUTHER: You wil-l- al so notice under
conditions of approval under item -- wel1, it,s in
here -- it's an item -- requiring a conditional use
permi-t to al1ow -- f 'm sorry, it.,s item number 5, that
the devel-oper receives a conditional- use permit to
al-low'for the construction of type III employee
housing units on site.
We would like to see sLaff -- and we've
communicated this to the applicant, we'd like to see
additional information on the employee housing,
component outside of just where the units are located,
like the provision of, you know, ameniEies, employee
Iounges, meal programs, the parking issue that has
come up, those type of quality of life issues.
And that's why that conditional use permit
for the employee housing unit is not part of this
PEC2/28100
?age 82
1 application today. We're waiting to see additional-
2 information from Lhe applicant. It may be, Galen,
3 that staff would recommend we see a few more
4 improvements provided for the employees on site. But
5 at this time we do not have the information to make
6 that determination. So we'1] wait for that for a
7 fuLure meeting and come back to the conditional use
8 permit for that. particular component of Lhe project.
9 But the answer Lo your q.uestion is no, we do
10 not have a position on the employee housing uniL
II amenities or quality at this time. I would say we do
12 believe it is, like Chas, a very creative solution to
13 a design problem- And f think when we initially heard
L4 the need to put. employee housing units on the site, we
15 all envisioned what most of us did, and that was that
16 we were just going to, you know, have to raise the
I1 building and slide another floor in. In this case
18 that otherwise would have been void tlpes of spaces in
19 the building has been put to even bett.er use.
20 MR. AASLAND: AnoLher guestion for George
2L would be: Where does it say that the FFUs can,t be
22 sold in t.he summer, as George has described? Is that
23 part of Lhe ordinance?
24 MR. PETERSON: Yeah, I think it -- actually
25 we can sel-l iL was defined bv the number of weeks
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Page 83
in the ordinance. I believe iL was we can se11 28
weeks. I think, George, you had it put back in your
memo (inaudible). But if you sell 28 weeks, we had to
keep 24. We can sell no more than 28 weeks. And so
there may be some winter weeks thaL we don,t sell, and
there may be some summer weeks that we do sel-l, .Tu1y
potentially, something }ike that.
MR. RUTHER: In addition to that, the
applicant has a stack of paperwork they wi] l- need to
fill out and complete as part. of the registration
requirements, both to comply with the Town of Vail's
requirement for integral ownership as wefl as the
state statutes for selling int.egral ownership real
estate in the state of Colorado. That. will all be
defined in Lhose documents and be in accordance wiLh
the Town of Vail's regulations when it comes to
integral ownership marketing.
MR. AASLAND: Okay. One other item thaL I,d
like to address woul-d be attachment E, as f see this,
the Gateway building is five stories. It is
nonconforming. And I think that affects my view --
definiLely affecLs my view on the height of this
building.
BUL f 'd also like t.o address on page 12
where the building (inaudible) of the Vail Village
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master plan is addressed in the staff memorandum. I'd
specifically like to address that in our approval.
Let's see, I agree with Oiane and Chas in
regard to the setback. I appreciate the public
corrunent in regard to the several feeL t.hat that
encroaches, but I think that the way it's been done is
I think is basically f think very fair to both the
town and the neighbors. And I like the way the
applicant's done that.
Let's see, in regard to the parkingr , my
feeling is thaL t.he applicant. shouldn't be unfairly
burdened for having put employee housing units in the
building. f think if these employee housing units
were, in fact, not in the building, employee housingr
was built in West Vail- or East Vail, that the
applicant woul-dn't have to provide these units on
site. And I don't think we should heap on the
applicant everything in the world. I think there's
(end of Eape 2) --
On the finding you asked us Lo make, the
fast sentence, it says lastly, public nocice of this
public hearing has been sent. Do we exactly want to
word it like that? We haven't seen the envelopes go
out so do we want to say we believe that. public
notices have been sent, or is t.hat --
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Page 85
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l{R. MOORHEAD: What you are doing is finding
-- making a finding based on the evidence that,s been
presented. My understanding is that George Ruther has
made a present.ation in regard to the notice, how it.
was sent. So that would be an appropriaLe finding.
MR- AASLAND: Okay, thank you, Tom.
MR. MOORHEAD: If you believe ceorge.
MS. GOLDEN: Oh, wef1, t.herein lies t,he rub.
MR. AASLAND: Okay. With that, whaE f
believe we're being asked to do is make a motion --
actually two motions on this project, One for final
review of the major amendment and one for the
conditional use. I would suggest that we would add
the portions that say that we thoroughly reviewed
this, the finding, as we just stated on page 2, and
we've also got. these other findings on page 4, 5 and
6. Let's see, and that we thoroughly reviewed the
deviation.
With that, does someone have a motion?
MR. WEBER: Mr. Chair, after thoroughly, I
guess, looking at the staff memorandum, f move that we
grant a recomnendation for approval to the town
council for the major amendment to allow for the
proposed redevelopment of Vail Village Inn, phase IV,
within special development. district number 6, in
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page 86
1 accordance with the staff memorandum.
2 And the findings specifically on page 2 ;-
3 or excuse me, page 4 regarding the public notice, I
4 wouLd also like to add into my --
5 MR- AASLAND: Do you want to say that whole
6 finding on page 4?
7 MR. WEBER: Exactly. The whole finding on
I page 4 as well as the conditions Listed on page 4, 5
9 and 6 with the exception of condition number 19.
10 MR. AASLAND: You'd like to eliminate number
11 ]-9?
L2 MR. WEBER: I would like to el-iminate 1_9.
13 MS. GOLDEN: What page is that on?
14 MR. WEBER: On page 6-
15 MR. AASLAND: .The tower amendment.
L6 MR. WEBER: Because I don't think that that
I1 added bulk is needed, and that was kind of added not
18 by this board an)rway, so
79 MR. AASLAND: Okay, we have a motion. Oh,
20 ceorge.
2L MR. RUTHER: f'm sorry, you may want td
22 amend that condition 21 and 22 on page 7.
23 l4R. WEBER: Oh, I'm sorry, I meant to talk
24 about all of the conditions, 1 through 22 with the
?q 6v/=6".\l-.i /\n of number Lg.
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Paee 87
1 MR. RUTHER: Okay.
2 MR. AASLAND: We have a motion on the floor.
3 Do we have a second.
4 I{R. CA}IILL : Second
5 I4R. AASIJAND: That' s seconded by Doug. Do
6 we have further discussion? Chas.
7 MR- BERNHARDT: Yeah, f have further
8 discussion on it- f said to Jay, I think this is
9 bet.ter than the last proposal . But I can,t in good
l-0 conscious vote for it because I don,t agfree with the
11 entire finding here because I think it stil1 is a
1,2 violation of the master plan and I don, t agree that
3 al] the --
L4 l4R. AASLAND: Is this the finding on page 4?
15 MR. BERNHARDT: Yes. And I don,t believe
16 that all the deviations have been mitigated to my
L7 satisfaction. So as far as discussion goes, thaL,s
1-8 why f can't vot.e for it.
L9 l4R. AASLAND: Okay. AI1 rigrht, is there any
20 furt.her discussion?
2L Okay. There's been a motion on the floor
22 and it's been seconded. All those in favor?
23 SEVERAL VOICES: Aye
24 MR- AASLAND: Opposed.
25 MR. BERNHARDT: Ave.
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Page 88
MR. AASLAND: The motion carries four to
one, Chas Bernhardt opposed. And that. is for the --
which one are we doing? We're doing the major
amendment.
Okay, the next item on the agenda would be
the conditional use. Do we have a motion on that,
please?
MR. CAHILL: Mr- Chairman, I recommend move
for request for a conditional use permit pursuant to
chapter 16 of the Tov,rn of Vail zoning: regulations to
allow for the operational of a fractional fee club
within the proposed Vail Plaza Hotel. The fractional
fee cl-ub will be comprised of 50 fract.ional fee club
units operated and managed by the owners of Vail Plaza
Hotel . And there's criteria and findings on pagte
42
MR. PETERSON: 43.
MR. CAHILL:. 44, 45.
MR. AASLAND: And, Dougf, do you want to add
that. in accordance with the staff memorandum?
l{R. CAHILL: fn accordance with the staff
memorandum dated February 28th, 2000.
a second?
MR. AASLAND: We have a moLion. Do we have
MR. WEBER: Second.
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page 89
l- . MR. AASLAND: Seconded by Tom. Further
2 di'scussion? A1I those in favor.
3 SEVERAL, VOICES: Aye.
4 MR. AASLAND: All those opposed.
5 (No response)
6 MR. AASLAND: The motion carries five to
7 nothing. Thank you very much. And thank you,
8 everyo.ne, for comingr.
9 (Other unrelated matters were heard which
10 are not herein transcribed. )
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3 I, Doris Harris, do hereby certify tshat I
4 prepared the foregoing transcript from a cassette E.ape
. . 5 complete and accurate to the best of my ability to
7 hear and undersEand Ehe proceedings.
I furt.her certify EhaE I am not employed by
10 whatsoever in t.his nrat.E.er.
CERTIFICATE
Dat.ed this 27th day of October, ZOOO... 11
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\ ' t'.turr r1s <|-l9r yl \I,[/h n
-, L6 Doris Harris
Bruno Report.ing Companyt7 899 l-,ogan stsreat, #iog-18 333"35i i;*;'"o" 80203
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ORDINANCE NO.4
SER|ES OF 2000
AN OBDINANCE REPEALING ORDINANCE NO. 1, SEHIES OF 2OOO AND TO ENACT
OBDINANCE NO.4, SERIES OF 2OOO, ADOPTING A REVISED APPROVED
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO,6, VAIL VILLAGE
INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL:
AND SETNNG FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series ol 1g76,
establishing Specjal Development Dislrict No. 6, Vail Village tnn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulalions permits major amendmenls to
previously Approved Development Plans for Special Developmenl Districls; and
WHEHEAS, Waldir Prado, dba Daymer Corporation, as owner of the Phase lV property, has
submitted an applicalion lor a revised major amendment to Special Developmenl District No. 6, Vail
Village Inn, Phase lV; and
WHEREAS, the purpose of this ordinance is lo repeal Ordinance No. 1, Series of 20OO and
lo enact Ordinance No. 4, Series of 2000, to adopt a revised Approved Developmenl plan for lhe
Vail Village Inn Special Developm€nt Dislrict, Phase lV to allow lor the conslruction of the Vail Plaza
Holel; and
WHEREAS, lhe revised major amendment to the Special Development Dislrict, including the
provision ot deed-restricted housing lor 38 employees and lhe resulting I feet of addilional building
height, is in the besl interesl ol lhe town as il meets the Town's development objectives as idenlified
in lhe Town of Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in lhe Zoning Regulations, the
Planning & Environmenlal Commission held a public hearing on lhe major amendment application;
and
WHEREAS, the Planning & Environmental Commission has reviewed lhe prescribed crileria
lor a major amendment and has submitted its recommendation of approval and findings lo lhe Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Municipal Code have been
sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the besl inleresl of lhe public heallh,
safety, and welfare to adopt th€ revised Approved Development Plan for Special Development
Dislrict No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel; and
Ordinance No. 4, Sen€s ol2000
Whereas, the approval of the major amendmenl to Special Developmenl District No. 6, Vail
Village Inn, Phase lV, Vail Plaza Hotel and the developmenl standards in regard thereto shall not
eslablish precedenc€ or entitlements elsewhere wilhin the Town of Vail.
NOW, THEHEFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 4, Series of 2000, is to adopt a revised Approved Development plan for
Special Development District No. 6, Vail Village Inn, Phase lV, Vail plaza Holel. The Approved
Development Plans lor Phases l, lll & V remain approved and unchanged lor the development of
Special Developmenl Dislricl No.6 within lhe Town of Vail, unless they have otherwise expired.
Only the Approved Development Plan {or Phase lV, the Vait Plaza Hotel is hereby amended and
adooted.
Section 2. Amendment Procedures Fulfilled. Plannino Commission Reoort
The approval procedures described in Seclion 12-94 ot the Vail Municipal Code have been fulfilled,
and the Vail Town Council has received lhe recommendation of the Planning & Environmenlal
Commission for a major amendmenl to the Approved Development Plan for Special Developmenr
Dislrict No. 6, Vail Village lnn, Phase lv, vail plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow lhe procedures outlined in Seclion 12-9A ol the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Developmenl District and the major amendmenl lo the Approved Development Plan for
Phase lV are eslablished to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recrealion amenilies, and promote lhe goals, obiectives and policies ol the Town of Vail
Comprehensive Plan. Special Development Districl No. 6 ls regarded as being complementary to lhe
Town of Vail by the Vail Town Council and the Planning & Environmenlal Commission, and has been
established since lhere are significanl aspects of the Special Development Districl that cannot be
satisfied through lhe imposition ol lhe standard Public Accommodalion zone district requirements.
Section 4. Develooment Standards - Special Development District No. 6, Vail Village lnn,
Phase lV, Vail Plaza Hotel
Development Plan..
The Approved Developmenl Plan for Special Development District No. 6, Vail Village lnn, phase lV,
Ordinance No. 4. S€ries of 2000
Vail Plaza l-lotel shall include lhe following plans and materials prepar€d bv Zehren and Associales.
Inc., daled April 4, 2000 and slamped approved by the Town of Vail, dated Aprit 18, 2000:
(as may be furlher rwised by the Town of Vail Design Review Board)
A. Site lllustrative Plan
B. Site Vignettes Key Plan (noled "for lllustration purrrlses only')
C. Site Vignettes
D. Site Plan (revlsed)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1/2
J. Level Two
K. Level Throe
L. Lerrel Four
M. Level Five
N. Level Six
O. Root Plan
P. Roof Plan (Mechanical Equipment)
O. Slreet Sections (Vail Road ElevatiodNorth Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevatiory'East Plaza Elevalion)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heighls/tnterpolated Conlours)
X. Building Height Plan 2 (Maximum Height Above Grade/lnter.polated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
M. Loading and Delivery plan
BB. Sireet Entry Studies (Vail Road/South Fronrage Road)
Ordinance l.lo. 4, Series ol20(x)
CC. Sun Study
DD. Landscape lmprovements Plan
EE. Otf-site lmDrovements Plan
Permllted Uses.
The permitted uses in Phase lV of Special Development District No.
12-7 ol lhe Vail Town Code.
6 shall be as sel forth in Section
Conditional Uses-
Conditional uses lor Phase lV shall be set forth in Section 12-7 A-g ot the Town ol Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
Densily- UniE per Acre - Dvvelling Units, Accommodatlon Units, & Fractional Foe Club llnfts
The number of units permitted in Phase lV shall not exceed the following:
Dwelling Units - 1
Accommodalion Unils - 99
Fractional Fee Club Units - 50
Type lll Employee Housing Units - 18
(38 employee beds totaling 9,618 square feel o{ tloor area)
Density- Floor Area
The gross residenlial floor area (GRFA), common area and commercial square footage permitled for
Phase lV shall be as set lorth in the Approved Developmenl Plans relerenced in Seclion 4 of lhis
ordinance.
Setbacks-
Required setbacks for Phase lV shall be as sel forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The fronl setback along Vail Road shall be a minimum ol 16'.
Helght--
The maximum building height for Phase lV shall be as sel forth in the Approved Development Plans
relerenced in Section 4 of lhis ordinance. For the purposes of SDD No. 6, Phase lV, calculations of
height, height shall mean the dislance measured vertically from the exisling grade or finished grade
(whichever is more restrictive), at any given point 10 the lop of a flal roof, or mansard roof, or to lhe
highesl ridge line ol sloping roof unless olherwise specified in Approved Development Plans.
Site Coverage-
Ordinance No. 4. SedeE ol A)00
The maximum allowable site coverage for Phase lV shall be as set forlh in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaplng-
The minimum landscape area requiremenl lor Phase lV shall be as set forth in the Approved
Development Plans referenced in Seclion 4 of this ordinance.
Parking and Loading-
The requhed number of oltstreet parking spaces and loading/delivery berths tor Phase lV shall be
provided as set lorth in lhe Approved Development Plans relerenced in Section 4 of this ordinance.
In no Inslance shall Vail Road or lhe soulh Fronlage Road be used for loading/delivery or guest
drop-off/pick-up wilhoul the prior written approval of the Town of vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, renled or restricted to any person olher
than a tenanl, occupant or user of lhe building for which the space, spaces or area are required lo
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall
nol prohibit the temporary use ol the parking spaces for evenls or uses oulside ol lhe building,
subject lo the approval of the Town of Vail.
Seclion 5. Approval Aoreements for Special Develooment District No. 6. phase lV. Vail
1. .
Plaza Hotel
That lhe Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
improvements, Vail Road landscape median improvements, etc.) as idenlified on the off-site
improvemenls plan lo the Town ot Vail Public Works Department for review and approval,
prior to application for a building permit.
That the Developer submits a delailed final landscape plan and tinal architectural elevations
lor review and approval of the Town of Vail Design Review Board, prior lo application for a
building permit.
The SDD approval time requirements and limitalions of Section 12-9A-12 shall apply to
Ordinance No.4, Series of 2000. In addition, the phasing of the conslruction of the hotel
shall not be oermilted.
Thal lhe Developer submils the lollowing plans to the Department of Community
Development, for review and approval, as a part of the building permit applicalion lor the
hotel:
J.
Ordinance N0.4, Series ot 2000
An Erosion Control and Sedimentation Plan:
A Construclion Staging and Phasing Plan;
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
That the Developer receives a conditional use permit lo allow lor lhe construclion of 1g.
Type lll Employee Housing Units in Phase lV of the Dis{rict, in accordance wilh Chapler 12-
16, prior 1o the issuance ol a building permit, for lhe housing of 38 employees totaling 9,619
square feel of {loor area.
That the Developer submits a complete set of plans lo the Colorado Departmenl of
Transporlation for review and approval of a revised access permit, prior lo applicalion lor a
building permit.
That the Developer meels wilh lhe Town staff to prepare a memorandum of understanding
oullining lhe responsibilities and requirements ot the required otf-site improvemenls, prior to
second reading ot an ordinance approving lhe major amendment.
That the Developer submits a complete set of plans responding to the design concerns
expressed by Greg Hall, Direclor of Public Works & Transportation, in his memorandum to
George Ruther, dated 12l1 3/99. The drawings shall be submitted, reviewed and approved
by the Town Engineer, prior lo final Design Review Board approval.
That the developer records a public pedestrian easement between the hotel and the phase
lll condominiums and between the Phase V Building property lines. The easemenl shall be
prepared by the developer and submitted for review and approval of lhe Town Altorney. The
easemenl shall be recorded with the Eagle County Clerk & Recorder's Ollice prior to the
issuance of a Temporary Certificate ol Occupancy.
That the Developer record a deed-restriction, which the Town is a party to, on the phase lV
property prohibiting lhe public use ol the spa facility in the hotel. Said restriclion may be
revoked if lhe Developer is able to demonstrale to the satisfaclion ol the Town lhat adeouale
provisions for vehicle parking have been made to accommodate the public use of the spa.
The restriction shall be recorded prior to the issuance of a building permit.
Thal the Developer submits a final exterior building materials list, a typical wall-section and
complele color rendering for review and approval ol the Design Review Board, prior to
o.
8.
5.,
o.,
7.'
11.'
9.'
10.
o
Ordinance No. 4, Soios ot 2000
making an applicalion lor a building permit.
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel
for review and approval of the Design Review Board, prior to the issuance of a Temporarv
Certificate of Occupancy.
13. . That the Developer submits a roof-lop mechanical equipment plan for review and approval of
the Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporaled into lhe overall design ot lhe hotel and enclosed and
screened from public view.
14' ' Thal the Developer posts a bond wilh the Town of Vail to provide financial security for the
125ol. of the total cost ol the required oll-site public improvements. The bond shall be in
place with the Town prior to the issuance of a building permit.
15. That the Developer installs bollards or similar safety devices at the intersection of the
delivery access driveway and the sidewalk along the south Frontage Road to prevenr
conflicls between pedeslrians and vehicles, prior to lhe issuance ol a Temporary Certiticate
of Occupancy.
1 6. ' That the Developer sludies and redesigns lhe entrance on the north side of lhe hotel across
from lhe enlrance to the Gateway Building lo create a more inviting enlrance or a design that
redirects pedeslrians lo anolher entrance. The final design shall be reviewed and approved
by the Design Review Board prior to the issuance of a.building permit.
17' , That the Developer coordinale elforts with the owners of the Gateway Building to create a
below ground access for loading and delivery to lhe Gateway from the Vail Plaza Hotel to
resolve potential loading and delivery concerns at the Gateway. ll a coordinated effort can
be reached the Developer shall submil revised plans to the Town of Vail Communily
Development Department lor review and approval, prior to lhe issuance ol a building permit.
1+ , That the Developer revises the proposed floor plans for the Vail Plaza Holel to provide
freighl elevator access lo lhe lowest level of the parking structure. The revised plans shall be
submitled to the Town of Vail Community Development Departmenl for review and approval
prior to the issuance of a building permil.
19. r That the Developer, in cooperation with the Town of vail public works Department design
Lv and conslrucl a left{urn lane on Vail Road and reconfigure lhe landscape island in the South
Fronlage Road median to eliminate lell-turns trom the loading/delivery. The construction
Ordinance No. 4. Series ol2OO0
?o.
Lr
shall be compleled prior to lhe issuance ol a Temporary Certificate ol Occupancy.
Thal lhe Developer provides a centralized loading/delivery facility for lhe use of all owners
and tenants wilhin special Development Dislrict No. 6. Access or use ol lhe facility shall not
be unduly restricted tor special Development Districl No. 6. The toading/delivery facility,
including docks, berths, treight elevators, service corridors, etc., may be made available for
public andior private loading/delivery programs, sanctioned by the Town of Vail, to mitigate
loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility
shall only be permitted upon a tinding by the Town of Vail and the Developer that excess
capacity exisls. The Developer will be compensated by lhe Town of vail and/or others for
the common use of the tacility. The final determination of the use of the facility shall be
mutually agreed upon by the Developer and the Town of Vail.
* 7. That lhe Developer submits a written lefter of approval from adjacent properties whose
property is being encroached upon by certain improvements resulting from the construction
ol the hotel, prior lo the issuance of a building permit.
22. That the Developer executes a Developei lmprovement Agreemenl lo cover the complelion
of lhe required ofl-site improvemenls, prior to lhe issuance of a building permil.
23- That the Developer record Type lll deed-restrictions of each of the required employee
housing unils, with the Eagle Counly Clerk & Recorder's Office, prior to the issuance of a
Temporary Certiticate ol Occupancy.
24. Thal the required Type lll deed-restricted employee housing units not be eligible for resale
and that the units be owned and operated by the hotel and that said ownership transfer with
the deed lo the hotel property.
Section 6.
lf any part, section, subsection, senlence, clause or phrase of this ordinance is lor any reason held
to be invalid, such decision shall not affect the validily ot lhe remaining portions of lhis ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each parl, section,
subsection, senlence, clause or phrase thereof, regardless of lhe lact that any one or more parts,
sections, subseclions, senlences, clauses or phrases be declared invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions ol the Vail Municipal Code as provided
in this ordinance shall nol allect any right which has accrued, any duty imposed, any violation that
Ordlnance No. 4, Seriss ol2000
occured prior 10 lhe efieclive date hereof, any proseculion commenced, nor any other action or
proceeding as commenced under or by virtue ol lhe provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless €xpressly slaled h6r6in.
Seclion 8,
All bylaws, orders, resolutions and ordinances, or pans thereof,
inconsislent hereurith are hereby repealed lo lhe extent only ot such Inconsistency. The repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereol, heretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE lN FULL ON FIRST READING this C" day of Aprit, 2000, and a public hearing for second
reading of this ordinance set for lhe 2d day of May, 2000, in the council chambers ol the vail
Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND oRDERED PUBLISHED this 2& day oI
May,2000.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
OrdimrEe tlo, 4, S6d6 o12000
I
MEMBERS PRESENT
Galen Aasland
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, August 13,2001
MEMBERS ABSENT
John Schofield
Chas Bernhardt
Diane Golden
Brian Doyon
Doug Cahill
Dick Cleveland
Site Visits :
1. Weiss Lots - 3E34 & 3E38 Bridge Road2. Frazier/Dahl Lots - 3816 & 3826 Lupine Drive, 3828 Bridge Road3. Vail Village lnn - 100 E. Meadow Drive4. Gateway Building - 12 Vail Road
Driver: George
1:00 pm
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearinq - Town Council Chambers 2:00 pm
1. A request for a variance from Section 12-6D-5 ("Lot Area and Site Dimensions"), Vail Town
Code, and a final review of a minor subdivision located at 3834 and 3838 Bridge Road/ Lots
1'l & 12, Bighom Subdivision 2no Addition.
Applicant Gary Weiss, represented by Steve Riden, ArchitectPlanner: Ann Kjerulf
MOTION: Chas Bemhardt SECOND: Dick Cleveland VOTE: 6-0
TABLED UNTIL AUGUST 27, 2OO1
2. A request for a variance from Section 12-6D-5 ("Lot Area and Site Dimensions"), Vail Town
Code, and a final review of a minor subdivision located at 3816 and 3826 Lupine Drive and
3828 Bridge Road/ Lots 8, 9, & 10, Bighom Subdivision Zd Addition.
Applicant Jeff Dahl and June Frazier, represented by Steve Riden, ArchitectPlanner: Ann Kjerulf
MOTION: Brian Doyon SECOND: Doug Cahill VOTE:6-0
APPROVED MINOR SUBDIVISION WITH 3 CONDITIONS:
rkeoel
PRoJEcr ORIENTATION / - community Devetopment Dept. PUBLtc wELcoME' 12:00 pm
3.
1. That the minor subdivision shall only be valid if the variance from section 12-
6D5 is also approved.
2. That the applicant shall revise the plat prior to recording, in accordance with
the Town's subdivision regulations, to indicate the total buildable area on
each proposed lot, to delineate the buildable area on each proposed lot, and
to indicate the locations of all applicable hazards.
3. That within one year of today's date (or prior to recording of the plat) the
parking within the town right-of-way shall be rcmoved to comply with all town
standards.
MOTION: Brian Doyon SECOND: Chas Bernhardt VOTE:6-0
APPROVED VARIANCE
A request for a final review of the proposed parking management plan for the Vail Gateway,
located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1s Filing.
Applicant Mountain Owners, L.P., represented by Braun AssociatesPlanner: Allison Ochs
MOTION: Brian Doyon SECOND: Diane Golden VOTE: 5-1 (Cleveland opposed)
APPROVED WITH 1 CONDITION:
1. That a staff report regarding the parking situation is transmitted to the PEC within
one year or when the office space is leased at 75olo of capacity.
A request for the final review of a major amendment to Special Development District #6,
Vail Village Inn, to allow for the redevelopment of an existing hotel, located at 100 East
Meadow Drive, Lots M and O, Block 5-D, Vail Village 1"' Filing.
Applicant Daymer Corporation, represented by Jay PetersonPlanner: George Ruther
MOTION: Dick Cleveland SECOND: Diane Golden VOTE: 4-2 (Cleveland &
Bemhardt opposed)
APPROVED RECOMMENDATION TO THE TOWN COUNCIL W]TH 22 CONDITIONS
AND THE FOLLOWING FINDING:
"That the prcposed major amendment to Special Development Distict lt6, Vail
Village lnn, complies with the nine design citeia outlined in Section 12-9A-8 of the
Town of Vail Municipal Code. The applicant, as rcquircd, has demonstnted to the
satishction of the Commission that any adverce efbcts of the requested deviations
from the development sfandards of the underlying zoning arc outweigled bythe
public benefits provi&d or has demonstnted that one or mote of the derelopment
sfandards is not applicable, or that a pnctical solution consrsfenf with the public
interest has been achieved, Fufther, the Commission finds that the rcquesbd
conditional use permit to allow for the opention of a fnclional fee club complies with
the applicable citeia and ,s cons/sfe nt with the development goals and objeclives
of the Town. Lastly, public notice of this public heaing has been sent to adjacent
prcperty owners and published in a local newspaperof recotd in accordancewith
Secfbn 12-3-6C of the Town Code."
4.
,,
1.That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, gr:ading, road improvements,
etc.) as identified on the off-site improvements plan to the Town of Vail public works
Department for review and approval, prior to application for a building permit.
That the Developer submits a detailed final landscape plan and final architech.rral elevations for
review and approval of the Town of Vail Design Review Board, prior to application for a building
permit.
The sdd approval time requirements and limitations of Section 12-9A-12 shall apply to this
major amendment and, in addition, the phasing of the construction of the hotel shall not be
permitted.
That the Developer submits the following plans to the Departmertt of Community Development,
for review and approval, as a part of the building permit application for the hotel:
An Erosion Control and Sedimentation Plan:
A Construc{ion Staging and Phasing Plan;
A Stormwater Management Plan;
A Site Dewatering Plan; and
A Traffic Control Plan.
That the Developer receives a conditional use permit to allow for the construstion of Type lll
Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, to provide housing on-site.
That the Developer submits a complete set of plans to the Colorado Department of
Transportation for review and approval of a revised access permit, prior to application for a
building permit.
7. That the Developer meets with the Town staff to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
8. That the Developer submits a complete set of plans responding to the design concems
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12113199. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Review Board approval.
9. Thatthe Developer records public pedestrian easements between the hoteland the Phase lll
Condominiums, between the hotel and the Phase V Building, and along the Vail Road frontage.
The easements shall be prepared by the Developer and submitted for review and approval of
the Town Aftorney. The easements shall be recorded with the Eagle County Clerk &
Recorde/s Office prior to the issuance of a Temporary Certificate of Occupancy.
10. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be
revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate
provisions for vehicle parking have been made to accommodate the public use of the spa. The
restriction shall be recorded prior to the issuance of a building permit.
11. That the Developer submits a final exterior building materials list, a typical wall sections,
architectural details and a complete color rendering for review and approval of the Design
Review Board, prior to making an application for a building permit.
2.
3.
4.
a.
b.
c.
d.
e.
5.
6.
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel
for review and approval of the Design Review Board, prior to the issuance of a Temporary
Certificate of Occupancy.
13: That the Developer submits a roof-top mechanical equipment plan for review and appmval of
the Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design of the hotel and enclosed and screened
from public view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the
125o/o of the total cost of the required off-site public improvements. The bond shall be in place
with the Town prior to the issuance of a building permit.
15. That the Developer installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts between
pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.
16. That the Developer studies and redesigns the entrance on the north side of the hotel across
from the entrance to the Gateway Building to create a more inviting entrance or a design that
redirects pedestrians to another entrance. The final design shall be reviewed and approved by
the Design Review Board prior to the issuance of a building permit.
17. That the Developer coordinates efforts with the owners of the Gateway Building to create a
below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to
resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be
reached the Developer shall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight
elevator access to the lowest level of the parking structure. The revised plans shall be
submitted to the Town of Vail Community Development Department for review and approval
prior to the issuance of a building permit.
19. That the Developer redesigns the proposed elevator towerto create an architectural feature
atop the tower and revises the proposed building elevations and roof plan prior to final review
of the proposal by the Design Review Board. The Board shall review and approve the revised
design.
20. That the Developer, in cooperation with the Town of Vail Public Works Department design and
construct a lefi-turn lane on Vail Road and reconfigure the landscape island in the South
Frontage Road median to eliminate left-tums from the loading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certiflcate of Occupancy.
21. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facility shall not be
unduly restricted for Special Development District No. 6. The loadingldelivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facility shall only be
permifted upon a flnding by the Town of Vail and the Developer that excess capacity exists.
The Developer will be compensated by the Town ot Vail and/or others for the common use of
the facility. The final detennination of the use of the facility shall be mutually agreed upon by
the Developer and the Town of Vail.
5.
Thatthe Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
A request for a final review and recommendation to the Vail Town Council of proposed text
amendments to the Vail Tom Code, Chapters 12-7H & l, Lionshead Mixed Use 1 &
Lionshead Mixed Use 2, to amend the regulations regarding commercial ski storage and to
amend Chapter 12-2, Definitions, and setting forth details in regard thereto
Applicant Town of VailPlanner: Allison Ochs
MOTION: Brian Doyon SECOND: Diane Golden VOTE: 5-1 (Cleveland opposed)
RECOMMENDATION OF DENIAL TO THE TOWN GOUNCILto allow commerciat ski
storage as an accessory use on all levels of a building in the LMU1 & LMU2.
A request for a final review and recommendation to the Vail Town Council of proposed text
amendments to the Vail Town Code, Chapter 12-61, Housing Zone District, and Chapter 12-
2, Definitions, to allow for additional uses and to amend definitions in regard thercto.
Applicant Town of VailPlanner: Allison Ochs
MOTION: Chas Bemhardt SECOND: Brian Doyon VOTE: 5-1 (Aasland opposed)
RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL WITH 2 CONDITIONS:
1. That an amendment procedure be added b the Management Plan requirement.2.
.
That the criteria regarding affordability be reviewed by the Town Attorney.
A staff report on an approval of a minor amendment to SDD #5, Vail Run, to allow for the
remodel of an egress staircase, located at 1000 Lionsridge Loop/Lot C,11, Lions Ridge
Filing 1.
Applicant Vail Run Resort Communig Association, Inc.Planner: Brent WilsonMOTION: SECOND: VOTE:
STAFF DECISION UPHELD
A request for a final review and recommendation to the Town Council for the adoption of
two view corridors within Lionshead, as identified within the Lionshead Redevelopment
Master Plan. View Conidor 1 is located approximately at the main pedestrian exit looking
southwest towards the Gondola lift line. View Conidor 2 is located approximately flom the
pedestrian plaza at the east end of the Lifthouse Lodge looking south up the Gondola lift
line. A more specific legal description of the two view conidors is on file at the Community
Development Department.
Applicant Town of VailPlanner: Allison Ochs
TABLED UNTIL AUGUST 27, 2OO1
6.
7.
8.
9. A request for a final review and a recommendation to the Vail Town Council on the Town of
Vail's proposed amendment to the Town of Vail Streetscape Master Plan, located at
EastAlVest Meadow Drive, Vail Village.
Applicant Town of VailPlanner: George Ruther
TABLED UNTIL AUGUST 27,2001
10. A request for a variance from Title 14 (Development Standards) Town Code, to allow for
improvements to an existing residential private drive, located at 1450 Buffehr Creek
Road/Lot 2, Cliffside Subdivision.
Applicant Mike YoungPlanner: Brent Wilson
WITHDRAWN
11. Approval of July 23, 2001 minutes
12. Information Update
* CAPA Aspen Conference logistics
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request wlth24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
4.
Chris Cares
5.
Nirrn'l'irnrn
VLHA
6.
Allison Ochs
7.
George Ruther
finish construction by June 1 , ZOOZ. VAGF has confidence to
believe lhe majority of remaining funding will be in hand by the end
of September 2001 . VAGF does not intend to begin construction
until sufficient funds are raised. A lelter of supporl from the Vail
Valley Foundation is attached.
STAFF RECOMMENDATION:
Staff agrees wilh lhe priority discussion presented in Background
Rationale and recommends the transfer of funding from the Gore
Creek Trail proiect to a contribulion lowards the funding of lhe
Alpine Plaza - Phase 2, Schoolhouse Garden, and Cltildren,s
Garden. Slaff makes the addilional recornmendation thal a
stipulation be placed on the contribution lo be used only for actual
construction cosls of that project alone, and that construclion for
the proiect begin no later than September 17 , zOO1r,lo coincide
with the town's replacenrent of the Nalure Center Bridoe.
ITEM/TOPIC: Special Events Tracking. (20 min.)
ITEM/TOPIC: Updale lronr Vail Local l.lousirrg Au rority orr
Morrrrtairr Rell proccss/project. (45 rnirr )
ITEM/TOPIC:
AN ORDINANCE AMENDING THE TOWN CODE, TII'LE 12,
CHAPTER 6, ARTICLE t, I{OUS|NG (t-t) D|STR|CT: nMENDtNG
TITI-E 12, CI-IAPTER 2, SFCTION 2, DEFINITIONS; AMENDING
TITLE 12. CHAPIER 13, SECTION 3, GENERAL
REAUIREMEN'TS,AND SEC TION 4, REOUIREMEN I S t]Y
EMPLOYEE I-IOUSING UNITTYPE; AND SET1 tNG FOR'rlr DETATLS
lN REGARD Tl IERETO. (30 rrrin.)
ITEM/TOPIG: First reading, Ordinance #Zl, Series of 2001, an
ordinance relating to the Wl. (45 rnin.)
ITEM/TOPIC:
First Reading of Ordinance No. 2.1, Series of 2001, an adopting a
revised Approved Development plan for Special Development District
No- 6, Vail Village Inn, Phase lV, to allow for flre conslruction
of the Vail Plaza Hotel; and sefting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL:
Approve, approve with condilions, or deny Ordinance No. 21, Series
of 2001, orr firsl readirrg.
BACKGROUND RATIONALE:
On Monday, August 13, 2001, the plannirrg & Environmental
Commission held a public hearing on the request for a major
amendment to Special Developmenl District No. 6, Vail Village Inn, to
allow for the constructiorr of the Vail Plaza Hotel.
Followirrg an overview of the staff mernorandurn by the Town slaff
arrd teslirtrony frorn lhe applicant arrd flre ptrblic, tlre Cornrrrission
deliberated and discussed the holel proposal. Upon review of lhe
nirre criteria, a rnolion was passed 4-2 (Bernhardt & Clevelarrd
opposed) recommending approval of ttre major amendmenl request
lo the Vail Town Council. The Commission has recommended and
forwarded 24 conditions of approvar. The recommended conditions
and the specific findings of the commission are conrained in the staff
memorandum dated August 13, 2001 and lhe copy of Ordinance No.
4, Series of 2000.
. STAFF RECOMMENDATION:
The Community Development Department recommends that the
Town Council approve Ordinance No. 21, Series of 2001 , on second
reading in accordance wilh the staff memorandum, dated August 21,
2001.
8. ITEM/TOPIC: First reading, Ordinance #22, Series of 2001, and
ordinance regarding the Charter Amendment petition. (1S min.)
9. IEMITOPIC: Ordinance #23, Series of 200i, an ordinance
Russ Forrest approving an easement lo construcl a rockfall mitigation wall for the
Boolh Falls Townhomes on a portion of Town of Vail property.
(15 min.)
10. Town Manager,s Report. (S min.)
Bob McLaurin
11. Adjournment (10:20 p.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGEI
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, StzatOl,AT it:30 A.M. wtTH A NE|GHBoRHOOD WALK_ABOUT AND DEDICATION AT ELLEFSON PARK IN WEST VAIL. THE WORK
SESSION WILL BEGTN AT t:00 p.M. tN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCTL REGULAR WORK SESSIONWLL BE ON TUESDAY, 9/4/01, BEGINN|NG AT 2:00 p.M. tN THE TOV COUNCTL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETINGWILL BE ON TUESDAY, gr4tOl, BEG|NNING AT 7:00 p.M. tN TOV COUNCTL
CHAMBERS
sign language Interpretation avallable upon request with 24-hour notification.
Please call 479-2932 voice or 479-2386 TDD for Information.
"mA1 l, Lbst*i*ORDINANCE NO.21
SERTES OF 2001
AN ORDINANCE ADOPTING A REVISED APPBOVED DEVELOPMENT PLAN FOR
SPEC]AL DEVELOPMENT DISTRICT NO, 6, VAIL VITLAGE INN, PHASE IV, TO ALLOW
FOR THE CONSTRUCTTON OF THE VA|L PLAZA HOTEL; AND SETTING FOBTH
DETAILS IN REGARD T}IERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
eslablishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section I 2-94-10 of the Zoning Regulations permits major amendments to
prwiously Approved Development Plans for Special Development Districts; and
WHEREAS,as owner of the Phase lV property, has submitted an
applicalion tor a revised major amendment to special Development District No. 6, Vail Village lnn,
'Phase lV; and
WHEREAS, the purpose ol lhis ordinance isladopt a revised Approved Development plan
for the Vail Village Inn Special Development Dislrict, Phase lV to allow for the construction of lhe
Vail Plaza Hotel: and
WHEREAS, lhe revised major amendmenl to the Spocial Developmenl Districl is in the besl
interest ot the lown as it meets the Town's development objectiv€s as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the malor amendmenl applicalion;
and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town ol Vail Code have been$ffiffiffi!
sent lo the appropriale parties; and
WHEREAS, lhe Vail rown council considers it in the besl interest of lhe public health,
safely, and welfare to adopt the revised Approved Development plan for special Development
Disldct No. 6, Vail Village Inn, Phase tV, Vail plaza Hotel; and
WHEREAS, lhe approval of the major amendment to Special Development Districl No. 6,
Vail Village Inn, Phase lV, Vait Plaza Hotel and lhe d€velopment standards in regard thereto shall
not eslablishqFEbr enliflements elsewhere within the Town of Vail.
.tr-nPPeo{At- b*piner,
F%r
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section '1. Purpose of the Ordlnance
The purpose of ordinance No. 21, series of 2001, is to adopt a revised Approved Development plan
for Special Developmenl Dislrict No. 6, Vail Village Inn, phase lV, Vail plaza Hotel. The Approved
Development Plans lor Phases l, lll & v remain approved and unchanged for the development of
Special Development District No. 6 within the Town of Vail, unless they have otherwise expired.
only the Approved Development Plan for Phase lv, the vail plaza Holel is hereby amended and
adopted.
Section 2. Amendment Plocedures Fulfllled. planninq Commission Beport
The approval procedures described in Section 12-94 of the Vail Municipal Code have been fulfilted,
and the Vail Town Council has received the recommendalion of the Planning & Environmenlal
Commission for a major amendmenl to the Approved Developmenl Plan tor Special Development
Distdct No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved
Developmenl Plan shall tollow th€ procedures outlined in Section 12-9A ol the Vail Municioal Cooe.
Seclion 3. Special Development District No. 6
The Special Development Districl and the major amendmenl to the Approved Development plan lor
t! Phase lV are established lo assure comprehensive development and use of the area in a manner that
would be harmonious with the general characler of the Town, provide adequate open space and
recrealion amenities, and promote the goals, objectives and policies ol the Town of Vail
comprehensive Plan. special Developmenl District No. 6 is regarded as being complementary to the
Town ol Vail by the Vail Town Council and the Planning & Environmenlal Gommission, and has been
established since there are significant aspects of lhe Special Development District thal cannot be
satisfied lhrough the imposition ot lhe standard public Accommodalion zone district requirements.
section 4. Development standards - special Developmenl Dislrict No. 6, vail vlllage tnn,
Phase lV, Vail Plaza Hotel
Development Plan-
The Approved Development Plan for special Development District No. 6, Vail Village Inn, phase lV,
Vail Plaza Holel shall include the following plans and materials prepared bv Zehren and Associates.
Inc., daled April 4, 2000 and stamped approved by the Town ol Vail, dated April 1g, 2000:
(as may be furlher revised by the Town of Vail Design Review Board)
A. Site lllustrative plan
fuinance No.2l, Sedes ot 2001
B. Site Vignettes Key plan (noted "for irrrrs taf,on purwses oily1
C. Site Vignettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
L Level One & U2
J. Level Two
K. Level Three
L. Level Four
M. Le\rel Five
N. Level Six
O. Rool Plan
' P. Roof Plan (Mechanical Equipment)
O. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
R. Plaza Sections (Soulh ptaza gevation/Easl plaza Elevation)
S, Building A Etevations
T. Building A Sections
U. Building B Elevations
V. Buitding B Sections
W. Building Height Plan 1 (Absolute Height#lnterpotated Contours)
X. Building Height Plan 2 (Maximum Height Above Grade/lnterpolated Contours)
Y. Pool Stndy (Pool Sections)
Z Vail Road Setback Study
AA. Loading and Detivery ptan
BB. Street Entry Studies (Vail Roacvsouth Fronlage Road)
CC. Sun Study
DD. Landscape lmprovements plan
EE. Off-siis lmprovements plan
Permltted lfsec-
The permitled uses in Phase lV ol Special Development District No. 6 shall be as set forth in Section
frlnancB tlo. 21 , S€ri€s ot 2001
12-7 of the Vail Town Code.
Conditional Uses-
conditional uses for Phase lV shalt be set forth in section 12-7A-3 ol the Town of vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapler 12- 16 of
lhe Town of Vail Zoning Regulations.
Density- unns per Aae - Dwelling llnits, Accommodatton alnits, & fuactional Fee ctub alntts
The number of units permitted in Phase lV shall not exceed lhe following:
Dwelling Units - 1
Accommodation Units - gg
Fraclional Fee Club Units - 50
Type lll Employee Housing Units - 1B
(38 employ€e beds lotaling 9,618 square feet of floor area)
Density- Floor Area
The gross residenlial floor area (GRFA), common area and commercial square footage permitted tor
Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Setbacks-
I n"quireO setbacks for Phase lV shall be as set forth in the Approved Development Ptans referenced
in seclion 4 of lhis ordinance. The fronl setback along Vail Road shall be a minimum of i6'.
hlelght--
The maximum building height for Phase lV shall be as set forth in the Approved Development Plans
referenced in section 4 of this ordinance. For the purposes of sDD No. 6, phase lv, calculations of
height, heighl shall mean the distance measured vertically from lhe exisling grade or finished graoe
(whichever is more restriclive), al any given point to the top ol a flat roof, or mansard roof, or lo lhe
highest ridge line of sloping rool unless otherwise specified in Approved Development plans.
Site Coverage-
The maximum allowable sile coverage lor Phase lV shall be as sel torth in the Approved
Development Plans relerenced in Section 4 of lhis ordinance.
Landscaping-
The minimum landscape area requirement for phase lv shall be as sel forth in lhe Approved
Development Plans referenced in Seclion 4 of this ordinance.
4
Ordinaeca I'lo. 21 , Seri€s ot 200 1
Parklng and Loading-
The required number of off-street parking spaces and loading/delivery berths for Phase lV shall be
provided as set forlh in the Approved Developmenl Plans referenced in Section 4 ol this ordinance.
ln no instance shall Vail Road or the soulh Frontage Road be used tor loading/delivery or guest
drop-ofilpick-up without lhe prior written approval of the Town of vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted lo any person olher
than a tenanl, occupant or user of the building lor which lhe space, spaces or area are required lo
be provided by rhe Zoning Regulations or ordinances of the Town. The loregoing language shall not
prohibit the temporary use ol lhe parking spaces for svenls or uses outside of the building, subiecl to
the approval of the Town of Vail.
section 5. Approval Aqreements for spectal Develoom€nt District No.6. phase lv, vail
Plaza Hotel
1 . That the Developer submits detailed civil engineering drawings ol the required ollsite
improvemenls (street lights, drainage, curb and gufter, sidewalks, grading, road improvements,
Vail Road landscape median improvements, etc.) as identified on the olf-site improvements plan
to the Town of vail Public works Department for review and approval, prior lo applicalion lor a
building permit.
O t' That the Developer submils a detaited final landscape plan and final architectural elevations for
review and approval of lhe Town of Vail Design Review Board, prior lo applicalion for a building
permil.
The SDD approval time requirements and limitations of Section 12-9A-12 shall apply lo
ordinance No. 21 , series ol 2001 . In addilion, the phasing of lhe construction of the hotel shall
not be permitted.
That lhe Developer submits the following plans to the Department of community Development,
lor review and approval, as a parl of the building permit applicalion for the hotel:
An Erosion Control and Sedimenlalion Plan;
A Construction Staging and Phasing Plan;
A Stormwaler Manag€ment Plan;
A Sile Dewatering Plan; and
e. A Traffic Control plan.
5. That the Developer receives a condilional use permit to allow for the construction of 18,Typelll
Employee Housing Units in Phase tv of the Dislrict, in accordance with chapter 12-16, prior to
4.
a.
b.
c.
d.
Ordnanc€ No. 2 l , Seftrs ol 2001
lhe issuance ol a building permit, tor the housing ol 38 employees lolaling 9,6 t8 square feet ol
lloor area.
6. Thal the Developer submits a complete sel of plans to the Colorado Departmenl ol
Transportalion for review and approval of a revised access permit, prior to application tor a
building permit.
7. That the Developer meels with the Town staff to prepare a memorandum of understanding
outlining lhe responsibilities and requirements ol lhe required off-site improvements, prior to
second reading of an ordinance approving the maior amendment.
8. That lhe Developer submits a complete set of plans responding to the design concerns
expressed by Greg Hall, Direclor of Public Works & Transportation, in his memorandum lo
George Ruther, dated 12J13/99. The drawings shall be submitted, reviewed and approved by
lhe Town Engineer, prior to final Design Review Board approval.
9. That the developer records a public pedestrian easement belween the hotel and the Phase lll
Condominiums and between the Phase V Buitding property lines. The easement shall be
prepared by the developer and submitted for review and approval of the Town Attorney. The
easemenl shall be recorded with the Eagle county clerk & Recorder's office prior to the
issuance ol a Temporary Certificate of Occupancy.
10. That the Developer record a deed-restriction, which the Town is a party to, on lhe phase lV
property prohibiting the public use of the spa facilily in the hotel. Said restriction may be revoked
if lhe Developer is able to demonslrate to the satistaction of lhe Town lhal adequate provisions
for vohicle parking have been made lo accommodate the public use of the sDa. The reslriction
shall be recorded prior to the issuance of a building permit.
11' That the Developer submils a final exterior building materials list, a typical wall-section and
complele color rendering for review and approval of lhe Design Review Board, prior to making
an application tor a building permit.
12. That lhe Developer submils a comprehensive sign program proposal for lhe Vail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
Certificale of Occupancy.
13. That the Developer submils a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior lo the issuance of a building permit. All roof-lop mechanical
equipment shall be incorporated into the overall design ot the hotel and enclosed and screeneo
f rom public view.
Ordinanca No. 21 . S€ri6 ot 200i
14. Thal lhe Developer posls a bond with the Town ol Vail to provide financial securily for the 125%
of the total cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a building permit.
15. That the Developer installs bollards or similar safety devices at the inlersection of the delivery
access driveway and the sidewalk along the South Frontage Road lo prevenl conllicts between
pedestrians and vehicles, prior lo the issuance of a Temporary Certiticate of Occupancy.
16. Thal lhe Developer studies and redesigns the entrance on the north side ol lhe holel across from
the entrance 10 the Gateway Building to create a rnore inviting entrance or a design that redirects
pedeslrians lo another entrance. The tinal design shall be reviewed and approved by lhe Design
Review Board prior to lhe issuance of a building permit.
17. That the Developer coordinate eftorts with the owners of the Gateway Building to creale a below
ground access for loading and delivery lo lhe Gateway lrom the Vail plaza Holel to resolve
potenlial loading and delivery concerns al lhe Galeway. lf a coordinaled elfort can be reached
the Developer shall submit revised plans lo lhe Town of Vail Communily Development
Department for review and approval, prior to the issuance of a building permit.
18. Thal the Developer revises the proposed floor plans tor the Vail Plaza Holel to provide freight
elevator access to lhe lowest level of the parking structure. The revised plans shall be submitted
lo lhe Town of Vail community Development Department for review and approval prior to the
issuance ol a building permit.
19' That the Developer, in cooperation with the Town ol Vail public works Department design and
construct a lett-turn lane on Vail Road and reconfigure the landscape island in the south
Frontage Boad median to eliminale left-turns from the loading/delivery. The construction shall
be completed prior to lhe issuance of a Temporary Certilicale of Occupancy.
20' Thal the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants wilhin special Developmenl District No. 6. Access or use of the facility shall not be
unduly reslricted for Special Development Dislrict No.6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
privale loading/delivery programs, sanctioned by the Town of vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use ot the lacility shall only be
permi ed upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of vail and/or others for the common use ot lhe
Ordinancs No. 2'|, Series o12001
facility. The final determinalion of the use of the facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21. That the Developer submils a written letter ot approval from adjacent properties whose property
is being encroached upon by certain improvemenls resulting from the conslruction ol the hotel,
prior lo the issuance ot a building permit.
22. Thal the Developer executes a Developer lmprovement Agreement lo cover lhe completion of
the required oft-site improvements, prior lo lhe issuance ol a building permil.
23. That lhe Developer record rype lll deed*estrictions of each of the required employee housing
unils, wilh the Eagle County Clerk & Recorder's Otfice, prior to the issuance of a Temporary
Certilicats of Occupancy.
24. Thal lhe required Type lll deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by lhe holel and that said ownership transfer with the deed
to the hotel property.
Sectlon 6.
ll any part, seclion, subsection, senlence, clause or phrase of this ordinance is lor any reason held
lo be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed lhis ordinance, and each part, section,
It subsection, senlence, clause or phrase lhereof, regardless of the fact that any one or more pans,
sections, subsections, senlences, clauses or phrases be declared invalid.
Section 7.
The repeal orthe repeal and re-enactment of any provisions of lhe Vail Municipal Code as provided
in this ordinance shall nol affect any right which has accrued, any duty imposed, any violalion lhal
o@urred prior to the efleclive date hereol, any proseculion commenced, nor any other aclion or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacled.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly slated herein.
Section L
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent h€rewith are hereby repealed to th€ extent only of such inconsistency. The repealer
shall nol be construed lo revise any bylaw, order, resolulion or ordlnance, or part thereot, heretofore
repeal€d.
Odinanca No. 21, Sedos 012001
o
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
oNcE lN FULL oN FlRsr READING this 2lstday of August,2ool, and a pubtic hearing for second
r€ading of lhis Ordinance set for the ath day of September, 2001, in the Council Ghambers ot the Vail
Municipal Buildlng, Vail, Colorado.
. Ludwig Kutz, Mayor
ATTEST:
Lorelei Donaldson, Town Cleft
READ AND APPROVED ON SECOND READING AND oRDERED PUBLISHED this 4h day of
S€ptember,2001.
Ludwlg Kuz, Mayol
ATTEST:
Lorelel Donaldson, Town Glerk
Oftilnd|co l]0. 2t. 561168 ol 2001
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PARTIAL TRANSCRIPT
OF
VAIIJ TOWN COUNCIL
April 4,2000
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regarcrlng
VAIL PI,AZA HOTEL
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1- THE MAYOR: Our third item on the agenda is
2 the first readingr of ordinance number 4, series 2000,
3 repealing and reenaeting ordinance number 1-, series
4 2000, special development district number 6, Vail
5 Village Inn, phase IV, to allow for the construction
6 of the Vail PLaza Hotel. And I think we have George.
7 Before we start, T would like to make a
8 statement for the record. Tt has been implied
9 verbally before this council and in the form of
1-0 E-mails that I have a number of conflicts and,
l-1 therefore, should recuse myself from voting. Based on
1,2 Town of Vail code and Colorado law, no such conflicts
l-3 exist. Therefore, I can comment on the matters before
14 council, and I can cast my vote. Thank you.
l-5 yIR. SLIFER: Mr. Mayor, I also have a
L6 statement for the record. Tn consideraLion of
L7 ordinance number 4, approving the development plan,
18 and al1owing the construction of the Vail Pl-aza Hotel,
19 an adjacent property owner in the cateway building,
20 Charles Lipcon, has question whether or not I have
21, conflicL on this item. I have no personal or private
22 interest in this matter which would influence my
23 decision. I have no conflict of interest under the
24 tori'rn ]aws or the laws of the state of Colorado. There
25 i-s no reason to remove myself from considering these
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matLers.
MR. MOFFET! Mr. Chairman, I do not have a
conflicE of interest under the laws of the Town of
Vail or the State of Colorado on this matter- Hence,
f am free to do the job for which I was el-ected and
voLe upon this matter.
THE MAYOR: George, do you have a statement?
MR. RUTHER: I have a statement. We are
back to the first reading of ordinance number 4, an
ordinance amending ordinance number L, series of 2000,
to allow for the redevelopment of the Vail PLaza Hotel
in phase IV of the Vail Village Inn, special
developmenL district.
Some quick background on how we got to this
meeting tonight. If you'11 recall, on December 13th,
the Town of VaiI planning and environmental commission
reviewed an application proposed for a major amendment
to special development district number 6. Their
recommendaEion of approval was forwarded to the town
council in the form of ordinance number 1, series of
2000.
In reviewing ordinance number l-, series of
2000, the VaiI town council approved that ordinance
with the condition that the applicant come back to the
Town of Vail with an employee housj-ng plan within 30
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days of the adopted date of ordinance number 1-
In response to the applicant's employee
housing plan, some significant interior changes were
made to the hotel and the applicant was required to
resubmit their application to the planning and
environmental commission for reconsideration. On
February 28th of 2000, the planning and environmental
comrnission voted four to one to reconrmend approval of
the proposed major amendment to special d.evelopment
disLrict number 6 as well- as to allow for a
conditional use permit to allow for the operation of a
fractional- fee club on t.he phase IV development site
of special devel-opment disErict number 6, Vail Plaza
Hotel .
In making their recommendation to the town
council, the planning and environmental commission is
recommending 21 conditions of approval- Those
conditions of approval are listed in ordinance number
4, series of 2000.
What. I'd like to do now real quickly is just
go through some of the attachments you received in
your packets wj-th regard to this item. Staff
forwarded. to you another copy of the staff memorandum
that was presented to the planning and environmenLal
commission on the revised major amendment proposal
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dated February 28. Staff has included that in your
rr-anlcol-
Additionally you also received in your
packet a copy of Vail- .Pl-aza Hotel revised pl-ans dated
April 4th, 2000. Those are reductions of the plans we
are reviewing tonight and as addressed in ordinance
number 4, series of 2000.
If you'Il recall, the applicant had a
requirement to provide employee housing units for a
minimum of 38 employees as part of this hotel
redevelopment. One of the desires of the tovrn council
was to see that al-l or a port.ion of the employee
housing units could be located on site or in the
hote1. The applicant was able to go back in and
created a design and floor plan layout and has been
able Eo provide deed restricted employee housing for
38 employees on site in the hotel. The impacLs of
that change to the plan are listed in the memorandum
to the Eown council dated april 4th.
In the new proposal summary, you'l1 see
staff provided an analysis of comparison of what we're
calling the 1999 approval which you saw in ordinance
number 1- comparinq that to the 2000 proposal-. As you
go down the column comparing the '99 proposal to the
2000 proposal we're looking at today, you'11 notj-ce in
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bold we have placed some emphasis on the changes that
were made as a result of the employee housinq units
provided on site.
I'm not going to go througrh those
individually unless you have any specific questions in
regard to the development standards proposed by Ehe
applicant. We'd like to point out that of the
employee housing units, and I think that Tim Losa and
Jay Peterson have the pl_ans with them and can point
out to you where the 1-8 erlrployee housing uniEs are
located in the building as wel-l as point out to you
the l-ocation of the employee arnenities and facilities
that are being provided for the employees and
residents of the hotel .
I woul-d like to point out that approximately
9,600 has been devoted to the employee housing units
and t.he amenities provided to the employees such as
employee lounges, employee cafeteria, employee locker
facilities, et cetera. Given the 38 employees and. the
9,600 square feet that is devoted to them,
approximately 253 square feet of floor area is
provided per employee. The size of the employee
housing units on site, most of which are two bedroom
units, are roughly 400 square feet.
Just to real guickly go through the
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1 ordinance --
2 THE MAYOR: (In4udible) Is there any reason
3 that wasn't bolded out?
MR. RUTHER: NO There's no reason that
5 wasn't bolded out other than it was an oversight on my
6 part. I just did the math and it looks like there,s a
7 reduction of approximatelf l-,000 square feet. There,s
8 no reason other than the reduction was a results of,
9 again, reconfiguring the spaces providing for some
L0 employee loungte, employee cafeteria area on the
l-L conference l-eve1 of the hdtel.
L2 THE IvIAYOR: Thadk vou.
13 MR. RUTHER: Returning to ordinance muriber
L4 4, as much as it is very similar to what you have seen
1-5 in the form of ordinance riumber 1 of 2000, turn to
L6 page 4, there's a change qnder density units per acre,
L7 dwelling unit.s, accorlmodation units, fractional fee
18 club units. If you recall, the last application
t9 approved by the Torain of V4iI allowed for 96
20 accommodation unit.s on siue, 48 fractional fee club
2L units and zero employee housing units.
22 As a result of rieconfignrring spaces and
23 reorienting the square foltage to the building, the
24 applicant was able to gairl back three of the
25 accommodation units Lhat were lost as a result of
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moving the building back away from Vail Road to reduce
the encroachment into the setback along Vail Road.
Similarly, the fractional- fee club units, the
applicant has taken what used to be two Z-level,
2-story fractional- fee club units and combined them
into just one floor. So there is a net increase in
the number of fractional fee units, although the
square footage has not increased as a resul-t.
Continuing down on the page, under setbacks,
you'11 recall from your previous approval , the
requirement that the applicant move Ehe building back
to the east afong Vail Road to comply with the full
20-foot setback along Vaif Road and getting the
employee housing units onto the site and providing
adequate turning radius access to the portcochere at
the front lobby.
The applicant is proposingi to encroach four
feet into the Vail Road setback- The four-foot
encroachmenE is on the southwest corner of Lhe
buiJ-ding with approximately 36 square feet of buildinq
area in the setback- So the point being here, there
is a very minor encroachment into the setback on the
southwest corner; however, in making the changes to
the reconfiguration of the space, the setback has been
increased as well . And, as a result, there is a net
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reduction Lo the ErmounL of site coveracre for this
building.
I'm going to ask Tim and Jay to quickly go
through the plans and highlight the areas on Ehe plans
(inaudible) and highlight the areas where some of
these changes have resulted. The building height as a
result of adding the employee housing units to the
property, there is an increase of one foot to the
maximum height of the property or the maximum building
height is located. That portion of the building is
increasing by one foot-
You notice, I'm sure, in the whereas
statements of this ordinance, staff refers to a two
foot of additional height increase that is on the
portion of the building adjacent to and immediately
south of the cateway building- Section 5 of the staff
memorandum -- or, excuse me, of the ordinance contains
the conditions of approval .
There have been no significant changes to
the conditions of approval with the exception of
condition number 1, ordinance number 1, was deleted.
That was the condition that required the applicant to
prepare an employee housing plan. Now that they are
in compliance with that plan, LL' s no longer relevant
as part of this ordinance.
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You'11 also recal-l- when the planning
commission, town council, saw this previously in
ordinance number 1, the planning commission made a
similar recommendation to the town council. The town
council recommended that the applicant reinstate the
condition, and the DRB l-ook at providing their review
on the tower element. atop the elevator tower.
And with that, I'm going to ask Jay and Tim
if they could real guickly run through the floor plans
and highlight those areas where the employee housing
units have been added, kind of point out where
increases to the overall building height have been
proposed to qet the 38 beds onto the site, and then
address the seEback issue-
THE MAYOR: George, can f ask a quick
question in regard to the -- on our aqenda item,
(inaudible). The commission has recommended 2i-
conditions of approval- If we take out number 19, we
still come up with 23. Were there other conditions
other than the ones from the planning commission?
lvIR.- RUTHER: Yes, we further cl-arified some
conditions of our public works department, but there
is nothing substantial . They're just clarifications
so we aII know where we are going with this project-
MR- PETERSON: My name is Jay Peterson, and
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1- I represent the applicant in this matter, Daymer
2 Corporation. And Tim Lossa from Zern & Associates is
3 with me tonight and Waldir Prado from Daymer
4 Corporation is here.
5 I think George did a good job of going
6 through everything. And what we are doing tonight, of
7 course, is asking you to repeal an ordinance that iE
8 Eook me three and a half years to geE approved. But I
9 think this is a better project.
1-0 What I'd first l-ike to address is the site
l-1- cover, the setback issue, because we did agree to a
L2 2O-foot setback along Vail Road. I'd ask Tim just to
l-3 hold up and f can explain to you exactly what that
L4 entails, hopefully anyway.
1-5 lt's probably better if I bring it forward.
16 Okay, the encroachment I'm tal-king about is this area
L7 right here, 36 square feet. And the reason we can't
l-8 simply pull it back is because of our circulation into
L9 Ehe portcochere and the relationship of our egress
20 points into the parking gtarage. It just simply qets
2I too tight. And so we would have to reconfigrure the
22 roof and cock the ridge line making the building very
23 awkward.
24 fn exchange for that, however, we pulled
25 this portion of t.he building back approximately 520
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square feet, and that area opens up better to the
Gateway- I think the Gateway was very appreciative of
that. And the commercial owner came to the planning
commission meeting to support our project and thanked
us for doing that.
So we are askinq to exchange 36 square feet
encroachment for this portion back 520 square feet.
We feel it is a better fit. Certainly the public
accommodation zone district now allows for us Eo do
something like that. It's certainly a public benefit.
The employee housingr aspect of our proposal
is -- the first portion is locaEed on level one. And
Ieve1 one accommodates ten employee housinq units,
approximately 380 to 400 square feet. They are
located in this area where we had the hotel rooms
actual1y, part of it, hotel rooms, we squeezed them in
pretty well actually so this becomes level one and we
have level one and a hal-f. But it.'s in an area that
was basically just all space for offices. They a1l
have windows. They're all above grade, one level
above grade- There's also a lounge area located
adjacent to these ten units and so the employees have
an opportunity to go and sit in an area with friends
or whatever and congregate.
That is on level one.And then on 1eve1 1.5
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we have nine units. These are the same square
footage, and it's located in -- this is the North
Frontage Road. And once again we have a lounge area
for the employees for these nine units where they can
sit and watch TV and do whatever they want to do right
adjacent to those units.
On ]evel minus two, we have what we refer to
as employee facilities. And they are made up of
women's locker room, men's locker room, women's
restroom, men's restroom, employee lounge where they
can sit and watch TV. There's also a cafeteria where
they can eat, there's vending machines, and
congregate. (Inaudible)
The way we have fit this into our building
is, and Tim can point out on the elevation exactly
where it happens, is that we've gone up an average of
2l- inches in the building.
The sixth floor which is actually the
talfest part of the building, it goes up 1-2 inches.
That's this portion here which is indicated as the
sixth floor. The fifth floor, the fifth fl-oor was
this area, this area and this piece right here. It
goes up approximately 18 inches. The fourth floor
which is this piece, this sma1l corner and this
corner, groes up 24 inches. The third floor goes up
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the most, and that's these two lower portions here,
and that goes up 30 inches.
By allowing us to go an average of 2L
inches, noL feet, inches, we get 38 beds in Vail
Village. So when you look at this tonight, remember
how the vote tonight is not whether you are voting for
the project. We have a project. We are asking you to
repeal thats project and allow us to go up this much, a
little over half an inch per employee-
Employee beds in Vail which we have
committed to are good. There's no question about it.
Rather than putting them dovrn valley, putting them in
Vail is a great idea. Putting them in VaiI Villag:e or
putting Lhem in Lions Head is magic.
You got me thinking a couple weeks ago,
Diana, when you said that there's not just one thing
wrong with Vail and why we are decl-ining somewhat-
There's a 1ot of things. But certainly one of them is
the lack of people in our core areas. When we first
came to Vail, two things became very obvious t.o me.
Number one was none of us wore reading glasses. Today
everybody does. Kevin, you took yours off and so did
you, so did you, Chuck, buE you all wear them and so
do I. Number two is when I first came here --
(fnaudible, laughter) You don't yeL, you're
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just bIind.
. MR. PETERSON: The second thing, however, is
that all of us used to live in town. You still do. I
don't anymore, and a l-ot of employees don,t. anymore.
And a l-ot of employees used to live in Vail Village-
I did. It was wonderful . And we've lost a lot of
that.
This isn't the magic pill that's going to
put that stuff back to Vail, but it's a start, And
it's not going to take just 38 beds to turn that
around. ft's going to take a l-ot of beds, not in Vail-
but in Vail Village and Lions Head. If we can geE
some of those employees back in the Village, if we can
get several hundred back in Vail Village, which we can
do through this redevelopment process that's going to
go on in Lions Head and go on in this area and other
sites hopefully in Vail Village, we're going to get
some of ttrat excitement back.
Now with empJ-oyees, when they live in town,
in VaiI Village, do you really think they're going to
get in their car and drive down Lo Edwards or Eagle
Vail to go to dinner? I don't think so. If they
lived in West Vail they might, though, because they
are probably going to have to get in their car to gro
to a restaurant unless Lhev want to eat at the Hal-f
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Moon Saloon. And at that point, maybe they will go to
Edwards, If they're in town, they can go to a bar-
We used to drink in town, and we never had to drive.
You can't do it anymore, though, you know, because you
can't drink and drive.
ALl those things start to come back-
There's also a synergy that starLs Eo happen when you
have a lot of people and a 1ot of locals in tovrrn-
They stay there, and all of a sudden what starts to
happen, T think some of Eheir friends start coming
back to Vail. they start to do things again. Once
again, it doesn't take -- it's not going to happen
with 38, but 38 is a siqnificant number and it's a
good st.art -
So you think about voting, and Lhis is.
rnainly directed at t.he people that didn't vote for the
projecE, is that you're not voting against -- if you
vote no tonight, you're not goi-ng to stop the project
from going forward- We have a project, and it's a
grood project. And I think even the people that voted
no on it were thinking it's probably a pretty qood
project. But t.onight to vote note, you're really
voting against employee housing in Vail Villagre-
And you can say, you know, I cannot give up
that much height for an employee to have in the Vail
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Village, I think you can. I think it's good. And if
we can help every developer that comes in, I'm willing
to give you that much in height if you put an employee
bed in Vail Village or in l-,j-ons Head, I think he might
do it, because it can be done. Artd it's a good start
tonight.
So that's whaL the vote is about Eonight.
It's not about our project any longer. It's really
about employee housing, not in Vail, but in a core
area. And that's al-l important Eo me. So you think
about it, even if you voted against the other project
or Ehe first one we had-
Think hard because I don't know an argument
against what I just made. You may think of one, but
tel-l me because f thought long and hard about it. I
think that's what the vote is about tonight. And,
Chuck, you were the one thaE started us thinking about
it. We would not have done it without that. But I
think it's good.
The planning commission allowed us three
feet. We made the commitment to do what we can to get
it down a litt1e bit further, which we have done. We
would like to keep the three feet, but if you see fit
to cut us back to what our actual plan show, that's
fine. We can live with that. We did it by taking six
Town 414/00
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l- inches out of each hoEel , each floor. That's how we
2 came up with it, just squeezed it a liEtle bit.
3 We don't want to ruin our project by doing
4 it. We don'L think we have at all. It makes it a
5 litLle bit tighter for us, but we can live with that..
6 It is a great proposal.
"7 Five minutes before f started speaking,
8 about 15 now, f guess, or 20, but you voted for taking
t hotel rooms out to grive employee housing. Tougrh
10 decision. I share your concerns. That's a tough
l-l- decision. T.' d have a tough time making the call, and
12 I don't. know how I would vote.
13 You don't have to rnake that decision with
L4 ours. We have not taken out any hotel rooms. We have
l-5 made our building more efficient, and we've,added
1-6 inches to the height, not feet. So the decision on
L7 this one, I think, should be much easier. We are not
1-8 -- you are not being asked to make a decision on the
1"9 two most important things in Vail right now, hotel
20 rooms and employee housing units. I' ve given you
2I both. Thanks.
22 THE MAYOR: Thank you, ,Jay. Do we have any
23 conrrnents ?
24 MS. NAVAS: I just want to clarify, George,
25 you have down here l-8 employee housing in both the
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l- ordinance and on your sheet. And, ,Jay, you actually
2 said 19 -
3 (fnaudible discussion)
4 MS. NAVAS: I have one oLher very brief
5 question. And Diana asked about this, and we're gfoing
6 to talk about this employee housing- zoning here a
7 1itt1e bit later this evening. rhis is referencing
8 tlpe 3 EHUs and according to the chart, these EHUs may
9 be sold or transferred separately. f don,t know if
10 that is a concern of this project or not. I' m not
1-l- even sure in my own mind whether it is or not. I
1"2 guess I see this being rental units- I assume there's
1-3 a possibility that we may want a restriction that
1"4 prohibits them from being sofd which doesn't exist if
l-5 they're classified as a t14pe 3-
t6 MR. RUTHER: If that's something you desire,
1-7 we can add that to the ordinance. The requirement of
l-8 the developer in this case was to provide 38 beds and
1,9 be restricted employee housing unit beds. They are
20 providing those.
2I If it's Lhe council's preference to see that
22 those employee housing units remain under the
23 ownership of the hotel, which may be the best way to
24 address Ehis, controlled by the hotel -- I would
25 expecL that's how the hotel will control that
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1- anlrway -- but. we can put a further resEriction outside
2 of.what the tlrpe III employee housing unit
3 resLrictions in our code currently allow. Essentially
4 we could say these units cannot be sold and are for
5 the use of the hotel.
6 MR. PETERSON: That's fine. We have no
7 problem with that- From a practical standpoint, that
8 has to happen. The hotel has to control the employee
t housinq units because if there's any noise problems or
l-0 anyLhing like that, you need the clout. And the hotel
l-l- has to have that clout so we'd be -- Lhe owner of the
1,2 hotel- wouLd be the owner of the employee housing
1-3 units.
1"4 MS. NAVAS: Wel-l-, that was in my mind how f
15 envisioned it working. (fnaudible)
1-6 I4R. PETERSON: That' s f ine - We woul-d never
I7 let. it happen any other way- So that added
18 restriction is certainly okay with us.
l-9 MR. RUTHER: We can add that to the plan.
20 MS. NAVAS: Thank you.
2L THE MAYOR: Do we have any public comment on
22 this?
23 MR. LAMONT: Jim LamonL, East Village
24 Homeowners Associati-on. Jay, you almost made me feel
25 warm and fuzzy, almosL, almost. You know, this has
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been a long road, and it's going to be even a longer
road, I'm afraid, from the judiciary side.
I'm pretty much of a mind that conditions
haven't changed, that the charter of the homeowners
association specifically says that we will be involved
in critiquing and opposinq projects that don't meet
the height requirernenE. And there's no stretch of
imagination where this comes close to meeting the
height requirement.
And it's been reinforced time and time
again, and the Vail master plan, and iL's the process
we're concerned about. Both the SDD process which I
won't go into in any detail because those are long
established criticisms that we have about negotiated
.rarrangements with zoning- But the height issue, if we
had gone through the process of changing the master
plan so that like properties would be treated
similarly, I think we would have been much more
humored by some of the proposals that are supportive,
some of the proposals that this particular project
represents.
We recognize the value of having hotel
rooms, but we disagree when a proposal causes such
consternation, even if it's from one person or a
couple of people who happen to o\^rn properties of high
Town 4/4/00
Pape 22
1 value that feel- that they're going to be substantially
2 damaged. As you know, we proposed a way to sort of
3 mediate that- But the proposal- to put housing on site
4 basically killed that approach. I think we're
5 begrinning to see what some of Ehe consequences are for
6 that.
7 The idea of having employees in town, we
8 ful1y support. The difficulty is that at who,s
9 expense, in this case. If there had have been the
10 opportunity to come to a mediated seEtlement, we would
11- much have preferred that. Had we had master plan
12 requirements that allowed standards and criteria to be
1-3 in place so height could legitimately be raised for
L4 that, f would have felt much better. Had we had
15 standards to require affordable housing on sirnilar
1-6 kinds of projects that weren't SDDs, f would have been
1"7 much more favorably disposed to the project.
1-8 I think whenever a controversy of Ehe nature
19 that is going to accompany this project for some Lime
20 to come, I think we have to look at the necessary
2L reform Lo our regulations and our planning processes
22 because in our estimation t.hey're not working. Thank
23 you.
24 THE MAYOR: Thank you. Anybody else?
25 l4R. STAUFFER: Herman Stauffer, good evening
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again. I' m glad about the statements Ehe three of you
read earlier before the meeEing started. I think it
gives you an opportunity tonight to really step
forward in a cohesive way to show the public and the
town where your interests lie and how you support a
project like this-
Sybil, I have to agree with you,
unfortunately for t.he rest of you, that we've lost
some hotel units again tonight. And, therefore, it's
more important to approve this ordinance tonight to
rea11y regain some of the hotel units we have losE,
plus the additional- ones we're going to get.
It's so important to realize the
rejuvenation. You al1 talked about it, and that's the
first step. So I do not repeat what I said earlier in
meetings. But please realize you have an opportunity
here tonight to show what can be done and stand behind
together to bring this town forward to what it should
be into the new century, into the new 2000- Seize
this opportunity tonight. Be cohesive in your
decision, and support the project. Hopefully all- of
you will vote for it- Thank you.
THE I4AYOR: Any other comrnents?
MR. GRAMSIIAMMER: Hel-lo, everybody. f
haven'E been here for a long time. But finally f'm
^town 414100
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t here again. As you know, Vail- is the place now that
2 many places are going downhill, and that,s the
3 problem. I just heard something about the ski rates
4 here. They want to have it in Beaver Creek because
5 Vail- is not as good-
5 We have to have a place like this now. We
7 have to improve this town. Because if you don't, we
8 lose lots of people, I guarantee you. We have to work
9 on it that we get the people here.
10 And I think if we build this building and I
11 think it's approved already, I guess, but I would
L2 think it's -- you have the 38 uniEs for sleeping
l-3 there. I think this is very good. And I think the
t4 whole building looks good.
1-5 And f don't know, if somebody says it's a
1-6 couple of feet higher or lower, (inaudibl-e), it
L7 doesn't hurt anything. You got to look at that too,
18 that all the buildings are high enough too. Now why
t9 couldn't that be like what it is, a couple of feet up
20 or down, iE doesn't matter. This is my opinion.
2t You can always say yes, now you can do this
22 and you cannot do that, but I think you can easy
23 approve this and make sure that iE's done because,
24 look, all these places are doing quite we11. We need
25 more like this if you want to gret better. And so I
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page 25
hope that you all approve of this and feel comfortable
that you do something which is good. If it would be
no good, I'd say, h"y, forgret it. But I don't think
it's going to hurt anythinq next to the highway there.
I think it fills a hole down in the town. I think
it's very good.
If you go up on Lhe highway, they have these
big plates al-l over the places. Why do you have it?
So thaL the noise doesn't go in Ehere. And that's not
only here, iL' s al-I over. You go to Europe, any place
you want to go, you find this even here in CoLorado.
What's wrong with it? Let Lhem build this thing- f
think it's rea1ly important.
I hope you think about it and make sure that
this town gets better and we be on top of it. all- the
way around. Because you have a beautiful town.
There's nobody can even say anything. If we start to
bui-Id our hotel rooms and everythinq up, we do a lot
better, and we need it. So thank you for listening.
THE MAYOR: Thank you.
MS- FERRY: Kay Ferry, the Merchants
Association. The Merchants Association has supported
this project since the beginning. We would have been
happier had it been bigger, but we're very happy that
there's employee housing in it- So f hope we woul-d
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approve this tonight.
THE I4AYOR: Thank you.
l4R. STAUFFER: I'm Joe SLauffer, and I
understand that the building as proposed has already
been approved in two readings. So f'm not making any
conunents about the building. I'm jusL making comments
about the employee housing.
I think part of the reason of Vail's success
has been that we work and live together. And ure have
lost it over the years. And you may or may not think
that the employee has no impact on the economic
success of the Tourn of Vail . Well, Iet me tell you,
we make the money during the evening, at night we wenL
out to the bars and spent it when f was in my
twenties, and the employees stitl do that. And I bet
you every one of those 38 employees that's going to
live there is going to spend more money in town than f
do.
And so I think that the impact, the economic
impact to the Eown is very positive. And I may be a
Iittle bit on my soapbox when I say that the people
that work for us should be able to live with us. And
if you approve Ehose Trophy homes up there, you should
require, you should have an ordinance that requires
that the builder then build an employee housing unit
Town 4/4/00
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1 in there if you approve the Trophy home.
2 Any future development, I urge you to have
3 ordinances that require that the people that work
4 there live there. And only then can we become a
5 viable community again with young kids, married
6 couples with children, and dogs around the streeE-
7 That's what we need here-
8 THE MAYOR: Thank you, ,foe. Any other
9 comments?
10 MR. MOFFET: Mr. Mayor, I move we repeal
11 ordinance number 1, series of 2000, and enact
12 ordinance number 4, series of 2000, adopt.ing the
13 revised approved development plan for special
L4 development district number 6, Vail Village fnn, phase
15 fV, to a11ow for the cons.truction of the Vail Pl-aza
t6 Hotel and setting forth -- excuse me, stop there.
L7 With the added restriction that the employee housing
i-8 units remain rental units owned by the hotel .
L9 MS- NAVAS: I'11 second that.
20 THE MAYOR: We have a motion from Greg to
21, repeal ordinance number l-, series of 2000, and to
22 enact ordinance number 4, series of 2000, with changes
23 as discussed. And a second from Svbi]I. Do we have
24 any further discussion?
25 MR. MOFFET: If I may, Mr. Mayor, I woufd
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like to note for the record that I find specific
compliance with the Vail Village master plan
objections 2-3, 2.5, 2.6, 5.1, and policies 2.3.L,
2.6-2 and 5.1.3. Furthermore, I would commend anyone
who feels that this projecE doesn't meet the master
plan to revisit Roman numeral VIII, section A, on the
subject of implementation. f'd read it into the
record, but I don't want to keep us here all night.
MR. OGILBY: I would again feel more
comfortable if on page 4 where we 1ay out the uses
that qo into this building, type 3 employee housingr
units, it says 18. If we could add after that to
provide 38 EHU beds to the total square footage
including common areas of the 9,000 whatever square
feet that all of us added up to. Would that be
acceptable?
[4R. PETERSON: That's acceptab]-e. And it's
already in the plans because the plans -- they're all-
listed by George and those plans and the exhibits to
them have the square fooEages and the exact areas.
And so that is the submittal, and that's what we have
to provide. So you can put it in there. ft's fine if
you add it.
MR. MOFFET: T would amend mv motion -- so
amended mv motion.
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THE MAYOR: We have an amended motion and a
second to add language to page 4 (inaudible) .
l4R. OGILBY: I would just l-ike to say thank
you for groing back. And to me they could have easily
blown off this housingr issue, and I know that created
a worl-d of extra work, a 1ot of extra time, a lot of
extra money, and I would l-ike to personally say thanks
for doing that. And to me, if we pass this tonight,
the standard has been set, and I hope that we as a
council will take it forward into some kind of an
employee generation inclusionary zoning, whatever you
want to call that, for these kind of buildings
throughout the town. Because I, like ,Jay, f think we
have begun to revit.alize the core of Vail, and I think
we need to put it into a package and make it lega1 so
that in the PA zone district we've created we don't
get into an argument with every project that comes
before us, but it's cuL and dry as to what we expect
employee housing-wise .
THE MAYOR: Thank you, Chuck.
MS. NAVAS: .Tay, I agree. T' m goingl to vote
in favor of the ordinance for precisely those reasons
that you were speaking of. I voted in opposiLion the
first time. I realize you already have a project
whether f vote in favor or not, and I appreciate the
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improvements that have been made.
improved project.
I think it is an
I thank you and also Chuck for taking such a
strong position on the housing, and f think you're in
great part responsible for gett.ing us to this point.
So having employees back in the Village is a very
strong positive of the project. And I voted against
it initially for the record because I felt the access
issues had not been adequately addressed and that they
could have been improved, not for any other reasons.
MR. FOLEY: Yes, Mr. Mayor- ,Jay, T'd love
to vote for your project, but the incl-usion of the
employees units came at Chuck's insistence, and your
going back to do that was a greaE thing. We really do
need to recognize the ernployees; however, Lhe benefit
to the entire community I do not feel the building of
this size/ scope, height fits in with this site that
you're developing on.
I voted against the Austria Haus when it
first came along, and I was pleasantly surprised by
the resuft. And I'm hoping that t.his will happen with
your project as well. But at this t.ime I just can't
see voting for the project. Hopefully, time will
prove me wrong again.
THE MAYOR: I appreciate the effort I think
Town 4/4/00
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that the applicant has gone to over the last two or
three years in regard to that. I think that we need
to make a very positive statement as to where we're
headed. I think to get 38 employees in this town
(inaudible), but T think it is very, very positive-
We have spenL a liEtle time in Whistler
(phonetic), and we noticed the energy, the liveliness
of the community was amazing and was something that we
experienced here years ago. And it was largely due to
the fact that their employees l-ive within the
community. They have impact on what goes on, their
liveliness, the energy that's there. And I think Eo
be making (inaudible) of something that would get
better as we move forward with having more employees
back in town, I think we are doing this community a
great service.
I don't think it's a perfect project. If we
wait to make the perfect project, we wouldn't be
building projects. We need to make concessions here
and there, and I think the devel-oper in this case, the
applicant has made appropriate moves in that
direction, and I think so have we. So f'm very, very
much in support of the strides that we're making- And
with that, I'l-l- l-et oLher (inaudible) .
Are there cmest.ions? Unless I will ask for
Towrt 414100
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a vote. A11 in favor?
SEVERAL VOICES: Aye.
THE IVIAYOR: OPPOSCd?
VOICES: Aye.
THE IvIAYOR: I'm also in favor. Thank you
very much.
MR. PETERSON: Thank you.
(Other unrelated matters were had which are
not herein transcribed. )
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CERTIFICATE
I, Doris Harris, do hereby certrify thaE f
prepared Ehe foregoing Eranscript from a cassetE.e E,ape
provided to me. I certify EhaE Ehis transcript is
complete and accuratse Eo the best of my ability to
hear and und.erstand the proceedings.
I furEher certify Ehats I am not employed by
nor rel_ated Eo any parties herein and have no interest
whaEsoever in this maEEer.
Datsed this 27th day of OcEober, 2000.
=Dgty.' thllo
Doris llarris
Bruno Reporting Company
899 Logan Streetsuite 208
Denver. Colorado 80203
303 831-1667
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Town 5/21100
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f (Other matLers were heard which are not
2 herein transcribed. )
3 THE MAYOR: The next item on the agenda,
4 second reading of ordinance number 4, series of 2000,
5 an ordinance repealing ordinance number l-, series of
6 2000 and Eo enact ordinance number 4, series of 2000,
7 adopting a revised approved development plan for
8 special development district number 6, Vail Village
9 Inn, phase IV, to allow for the construction of the
10 Vail P]aza Hotel.
11- The first reading on this was on --
L2 MR. RUTHER: It was back on April 4th, y€s,
1-3 about a month ago. At that meeting after first
1"4 reading, if you'11 recall, the council five-two to
15 approve your ordinance on first reading: back on April
16 4rh-
L7 Just a quick refresher on how we got here
1-8 today, back on February 28th, the planning and
1-9 environmental commission reviewed the amended approved
20 development plan for the Vail plaza Hotel. In their
2I review of the p1an, they are recommending and have
22 recommended approval to the Vail town council of the
23 proposed major amendment Lo special development
24 district number 6, the Vail Village Inn, and the
25 conditional use permit to allow for the operation of a
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page 3
fractional- fee club on the WI site. Their vote and
their recommendation to you was (end of tape 1) --
their recommendation to you, the Lown council -- or
the planninq and environmental- commission recommended
23 conditions of approval.
Those conditions of approval are listed in
the revised ordinance number 4, series of 2000. On
first reading, if you recall- back on April 4th, the
town council requested specifically that two secLions
of this ordinance be amended prior to review here at
second reading. Those sections are listed on pagre 4
under section 4, density.
Under type III employee housing units, the
Ianguage has been added 30 employee beds totalingr
9,6L8 square feet of GRFA. There was a desire to see
it specifically indicated how many square feet of GRFA
or fLoor area in the building was to be allocated to
the employee housing use. And that has been added.
Staff wiLl recommend, trowever, that we make
a change to GRFA, not call it GRFA because not al-l- of
the square footage is gross residential floor area.
There's a portion of it is that is common lobby and
common l-unchroom and locker rooms for the employee
unit. So we changed that. languagie from GRFA to just
9,618 square feet of floor area.
Town 5/2/00
Page 4
l- MR- MOFFET: Where are you?
2 MR. RUTIIER: I'm on page 4 in the middle
3 paragraph under density units per acre, t)pe IfI
4 employee housing units.
5 MR- MOFFET: It would just be floor area.
6 MR. RUTHER: Correct, and we recommend that
7 the gross residential come off of there and it just be
8 floor area-
9 MR. MOFFET: It would just be floor area-
1-0 MR- RUTHER: Correct. It just makes iL
1-1 clear -
1,2 FurEher in section 5 under the condition
1-3 section of this ordinance, condition number 24, there
L4 was a desire to see that condition added. And the
l-5 condition reads that t.he required type III be
16 restricted employee housing units not be eligible for
L7 resale and that the units be owned and operated by the
l-8 hotel, and that said ownership transfer with the deed
L9 to the property.
20 The desire was to see -- currently a type
21, III employee housinq unit could be sold separately or
22 individually on a particular piece of property-
23 Because these units are specifically tied to the
24 hotel , there was a d.esire to see that limitation
25 placed on the resal-e of the property- That condition
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has been added.
We would onl-y suggest, in talking with the
applicant, that the last part of the sentence read:
The deed to the hotel- property. Because there are
fractional fee club units on the property. There will
be separate deeds for the fractional fee club units.
And we just want it clear that the employee housing is
tied to the hotel specifically, not necessarily to the
fractional --
MR. MOFFET: Are you referring Lo 24?
MR. RUTHER: Yes.
MR. MOFFET: (Inaudible)
MR. RUTHER: I'm sorry, in your motion of
approval at first reading, that language was to have
been added at second reading. So you discussed the
language,
you wanted a specific sentence added, but I believe
this --
MR. MOFFET: Add the word "hotel- property. "
MR. RUTHER: And add the word "hotel
property, " to the hotel properEy.
MR. MOFFET: Thank you.
MR. RUTHER: Lastly, I just want Lo point
out to you condition number 7, that developer meet
with the tovrn staff to prepare a memorandum of
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Page 6
understanding outlining the responsibilities and
requirements of the required off-site improvements
prior to the second reading of an ordinance approvingi
this major amendment.
As you recall, there's a significant number
of off-siEe improvements required of this project to
mitigate the devel-opment impact associated with the
project, We do have prepared an off-site improvement
plan- That plan was prepared in cooperation with Greg
Hall and the town staff and the applicant. We're
happy to go through that plan with you.
Essentially whaL it does, again it outl-ines
the financial responsibilities of the drainage
improvement, light improvement, street improvements,
et cetera, et ceter:a. Again, we have it. It will-
become part of the record. I can run through this
quickly if you'd like.
The scale is pretty small to see from Lhat
area. However, it just indicates beginning at this
point which is the driveway access down into the phase
III condominiums, all of the off-sit.e improvements
including the improvements along the south frontage
road, Vail Road, those improvements in the south
fronLage road itself, the median -- and when I say
improvements, we're talking road improvements,
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sidewalk improvements, Iandscaping, irrigation,
lighting, d.rainage, et cetera, these improvements
wrapping all the way around the property to this
southwest corner of the old Base Mountain Sports
space, that is the financial and construction
responsibility of the applicant.
Beginningr from the Base Mountain Sports --
the old Base Mountain Sports building, continuing
along the frontage of Lhe special development
district, the Town of VaiI will provide the -- excuse
fl€, will insta]l the Town of Vail streeL scape
fixtures thaL we have elsewhere and recommended by the
street scape master plan in this area- The applicant
wil1 actually pay for the lights; we witt install
them.
Furthermore, the applicant, even though
their improvements stop at this point, their physical
improvemen! stops, they will continue with the design
and development of the drawings for the improvements
adjacent to East Meadow Drive. The Town of Vail will
just be providing the survey work to give them that
information.
What that will allow is fuEure improvements
if proposed by the owners of the phase I and phase II
areas Lo implement the street scape improvement. The
Ttiwn 5/2/00
Page 8
1- only thing left to do will be the actual improvements,
2 the desigm work. And civil tlpes of drawings will
3 already be completed. It's just a matter of
4 installing the improvements.
5 Back up here adjacent to the south frontage
6 road and east of the access road down into the phase
7 ITI condominiums, the applicant wilJ- be providing and
8 paying for, but not necessarily construcEing, the
9 six-foot wide concrete sidewalk, the drainage
1-0 improvements, curb and gutter. They'11 be providing
lL us with the hydrology and drainage study from this
L2 point back down to Village Center Road.
13 The Tornn: of Vail will be responsible for the
14 installation of any retaining walls or additional-
l-5 engineering that would be required to get that
1,6 sidewafk placed along this portion of the street.
L7 From this line back to Village Center Road, the Town
18 of Vail- will be responsibl-e for drainage improvements
1-9 to carry the water and handl-e the water and drainage
20 improvements in that area.
2L That's the recommendation of the st.af f .
22 IL's an agreement reached between staff and the
23 applicant. I want to inform you that the final
24 decision l-ies with the town council-. However, if
25 those seem Iike reasonable financial and consLruction
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responsibilities --
THE }{AYOR: George, a quick question
regarding the sidewalks all around the site. Are they
heated?
lm.. RUTHER: They are -- this portion of the
sidewalk all the way around the property are al-I
heated sidewal-ks and brick pavers. The only portion
that is not intended to be heaEed is -- and not be
brick pavers is this portion down to Village Center
Road. We see the future redevelopment or improvements
to the crossroad.s property as being responsible in
part for the actual upgrade of the sidewalk and any
heating improvements at that time.
THE MAYOR: Questions?
MR. MOFFET: Mr. Mayor, I move that we
approve on second reading ordinance number 4, series
of 2000, repeal-ing ordinance number 1, series of 2000,
and enacLing ordinance number 4, series of 2000, for a
revised redevelopment plan for special development
district number 6, Vail Village Inn, phase fV, to
a1low for the construction of the Vail Pl-aza Hotel
with the following changes to the draft presented to
us on section 4, page 4, under the heading "Density
Units Per Acre, Dwelling Units, Accornmodation Units,
Fractional Fee Club Units" on the last sentence,
Town 5/2./00
Paee l0
1 strike the term GRFA so that the parenthetical reads
2 38 employee beds totaling 9,61-8 square feet, close
3 paren, and on page 8, l-ast sentence, l-ast part of
4 section 5, adding condition 24 and further adding the
5 word "hotel" and Lhe words "the" and "property" on the
6 last. line of that section-
7 MS- NAVAS: Second.
B THE I4AYOR: Motion by Greg. Second by
9 Sybill -
10 MR. OGILBY: I was wondering under 5 if we
l-1- could add a phrase at the end of that paragraph that
L2 says "for the housing of 38 employees and totalingr
1-3 9 ,618 square f eet. "
L4 MR. RUTHER: We woul-d have Eo finalize that
15 in the form of a developer improvement agreement-
16 lvIR. MOFFET: Where are you?
L] liIR. oGfLBy: I'm on page 6, condition number
1-8 5. At the very end of that paragraph, where it ends
L9 in building permit- For the housing of 38 employees
20 and 9,618 square feet.
2L MR. MOFFET: I should so amend-
22 THE MAYOR: We have an amended condition 5
23 and a second on that. Do we need to address
24 (inaudible)?
25 MR. RUTHER: We woufd have Lo finalize that
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in the form of a developer improvement agreement, the
of f -site improvements -
MR. MOFFET: Do we need to add that to the
motion, George?
MR. RUTHER: I don't necessarily t.hink
that's necessary. There are other conditions, like
condition number l-4, that will address that and talk
about that developer improvement agreement- And that
would be part of thaL condition.
THE MAYOR: Anv further discussion?
(Inaudible)
MR. DUNN: I am ,fohn Dunn. I continue to
represent Charles and (inaudible), Lipcon, John Brial
and Sundial LLP which is ,James .Tohnson at Vail Gateway
Plaza who are adjacent property owners. Ordinance
number 4, of course, is a repeal and reenactment of
ordinance number 1. We continue to oppose both
ordinances as adopted in viol-ation of the town's
master plan and without adequate notice. Thank you.
THE MAYOR: Any further discussion?
MR. LAMONT: Just for the record, we reenter
our previous comments on the subject and our standard
objections to SDDs. But I would also like to thank
the council for inclusion of item number 20 in Eerms
of loading and delivery excess capacity. And that's
Town 5/21100
Pase 12
l- the language that f was referring to that should be
2 included in ordinance A earlier this evening. Thank
3 you.
4 MR. MOORHEAD: (Inaudible) I'd like to
5 point out that ordinance number 4, series of 2000, the
6 notice that was provided for this ordinance was
7 exactly what trtr. Dunn and his clients were askingr for
8 on ordinance number 1, series of 2000.
9 MR. MOFFET: Mr. Mayor, I might add I would
1-0 reiterate the findings I made in my comments at first
Ll- reading as to the master p1an.
L2 THE I{AYOR: So noted. Any further
1-3 discussion?
L4 (A vote was taken which is not audible to
1-5 the transcriber - ) :-
1-6 (Other matters were heard which are not
t7 herein transcribed. )
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CERTIFICATE
I, Doris Harris, do hereby certify that I
prepared the foregoing branscript from a cassette Eape
provided to me. f eertify that this t,ranscript, is
complet.e and accuraEe to the best. of my ability to
hear and understand the proceedings.
I further certify that I am not employed by
nor related to any parties herein and have no interest,
whatsoever in this matEer.
Dated this 20th day of October, 2OOO.
Oo,ra Mrtno
Doris Harris
Bruno Reporting Company
899 L,ogan Sureet, #208Denver, Colorado 80203
303 831-1667
t.t
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should the Vail rown council choose to approve ordinance No. 21, series of 2001, an
ordinance adopting revisions to the Approved Development plan for Special
Development District No. 6, Vail Village Inn upon first reading, staff recommends that the
Town Council make lhe following finding:
"That the proposed major amendment to speciat Devetopment Distict #6, vait
Village lnn, complies with the nine design criteria outtined in Section | 2-9A-B of
the Town of vail Municipal code. The applicant, as required, has demonstrated
to the satisfaction of the Town Council that any adverse effects of the requested
deviations from the development standards of the underlying zoning are
outweighed by the public benefits provided or has demonstrated that one or more
of the development standards is not applicabte, or that a practical solution
consistent with the public interest has been achieved. And finally, that the public
notice of this public heaing has been provided in accordance with the
requirements of the vail Town code."
rlfl'rlro0l lo:st:al I E.2
VNu, VTrIacn HoMEowNERS AssocIATIoN, rNC.Itesid€nt - Bob Galvin .Secretry - Gretta Parlcs Treasurer - Patri* crramm Executive Director - Jim LamontDirectors: JudithBerkowitz - ootpneadgeuater - Ellieceulkins - atanKoslJi- Ronlangtey - BillMorton
To:
Frorn:
Date:
RE:
Town of Vail
Town Council
Jim l^amont
August 17,2001
Vail Plaza Hotel East Wing Special Development Dishict _ Rehearing
The Homeownenl Association urges the Town Council in its rehearing of the Vail plaza Hotel Eastwing special Development Disrist to consider the following recornm€ndatio;.
I' lt{{ outstanding conflicts with adjacent property owners by eliminating duplicationfacilities and lowering sorne areas of excessive building heigtrt to cause thJ proposal to
consistent with the height provisions for the site in the vail villag;Mast€r plan.
of
be
2' Adjust and make consistent with facilities and standards approved for the Vail plaza Hotel WestWine.
3' Cause the interconnection of parking strustures and loading & delivery facilities within theentirety ofthe Vail Village Lm Special bevelopment District
4' Facilitate the phpical interconnection of pedeshian and vehicular circulation 6l6i1q,een the East
and West Wings.
The applicant has represeuted to the Town Council that certain facilities are to be mutually
$fnorte! and phpically interconnected, e.g. combined bed base of the East and West Wings to justify
the capacity and size ofthe West Wing convention facilities.
It is hoped that by making these adjustments that existing or firture litigation by adjacent properry
owners will be unn€cessary. It is the desire of the Association tbat both projects pro"..d-to .o*pt ti.1in a timely manner' under the condition that all affected properly o*o* receive fair, consistent andequal treatneirt.
Post Office Bor 238
Telcphone: (97q A2?-5630
e-mail: wha@vail.nct
Vail, Colorado t1658
Voice IVIaiUFAX: (970) 827-5E56
ww.vailhomeowners.con
FfiOI'l : LF*.} OFFICES FAX f|D. : ffi 373 6.284
9I]_rTED srArEs DrsTRrCr couRTFOR THE DTSIRTCT OF COLORADO
Civil Action No. AO-D_7I|
CAA,RLES R. LTPCON,
plaint iff.
fius. 21 M7 M:WN Pz
TowN oF vArL, a M"ligip_if corporarion,
T3y^gg_r,I_crr, oF THE rotfi,t oF vArL.and. DA$IER coRpoRATrON, N. V. ;';",Necherlands AnCriles cgrporation,
Defendants -
- CHARLES n. EiFeox,s
COREOR.ITTON' S !,OTION
A}IEIIDED RESPOJ'sEErOR PAR?rAI, SU}N(ARI
DAY!ilER,
I'UDGIfENT
Plaintrff respond,s to Dalmgr CorporaEion, s (hereinafberrrDayrreln; Motion for parcial Summary,_TudgmenE and, in supporbthereof, files bhe followj_ng memorandum of law-
IIEMORANDI'U OF IJAI{
I. AEFERENCE TO E:qrBIrS
A11 exhibir,s refer to the exhibits attaehed Eo
nunicipality.
Lipcon, soriginaL response to Daymer, s motion.
II . RESPONSE TO UNDTSPUTED MA,TERIAI. FACTS
1 . AdrnitE.ed that the Town sg Vail :-s a home rule2. Admitted.
3- Admitted that charres R, rJipcon owns the unit with his wife.4. Admitt,ed.
5 - Ttdm i rted -
5. Admitted,.
7 - Denied. Daymer prepared rhe liEL of adjacent properry
FROI'I : LFIJ FFICES FnX NO, : 345 373 6244 Aug. 21 2@7 B,4:89F.14 P3
unable eo abEend the rescheduled ?owrr Counsel :neeting on April2000, Che Town refused to reschedule the April 4, ZOO| read,ingDaymer's proposal to accornodate Lipcon unless Lipcon obtained
approval from Daymer, See March 23, ZOOO e_maiL, gx. 5-8, on April L2, zooo, Daymer,s representaEive, rlay peterson,
regueshed that the ToHn postpone a schedured, readirrg of Daymer,sproposal frorn Aprrl rg, 2oo0 to lvray 2, 2000. see April 12, 2000
memo, Ex. 12.
9. The Town agreed to postpone the echedulcd. reading of
Daymer's proposal from April 1-8, 2000 to
',lay
2, 2ooo. see partia]
Erangcript of May 2, 2OOO Town Council Meeting, p.2, Ex. 1.3.10' Dayrner approached vail Town counsel mcmber and real estat.ebroker, Rodney slifer, wi.th aa qffer Eo repre.ent Dayner in thesale of fracti'onar fee uni-ts (c1rne shares) in the propo'ed Dalzmer
hotel . Deposirion of slifer, p.28, I.11 _ p.29, 1.I0, Ex- 6; andDeposition of prado, p.41, 1.ZS _ p.43, L.LO, Ex. 7.
11 ' Da)imer submitted two economic impact studies to Ehe Torirnprojecting mirlions of dollare of gained revenue for the Town
upon conplet j-on of Daymer,s proposed hotel . See Ex. E, p.3; andDeposition of Moffet, p.1?, 1.2-7, Ex. 9. There is no specific
crdinance or regulation reguiring the submission of such an
impact study in connect,ion w'th the applicati.on for a special
devsl6rpslsnt district.,
12. Daymer entercd into a wricten agreemene with Apo110 ski
4,
of
"""ta", t.". OO rnt.n t' ao
oppose or objecc ro rhe vail village rnn ncalliiliE_; s.u
FROI'I : L8U OFF I CES FRX ND. : 36 373 6284 tue. 21 ?AAL @4i 1BPN P4
o
Deposition of Mandel, p-12, l,2t _p.14, 1.24, Ex. 1g,. andCon_!id_94g3af documenrs filed under seal , Ex. 20.13. Apollo shi r?eal.ty, fnc. js related to angther conpany knownas ApolloAdvisors, L.p. See Deposition of MandeL, p.ls , L.6 -10, Ex. 10_
14' Apo110 Advisors' L'p' is Ehe conE,rolring sharehor.der of vailResorts, rnc. and has che right to appoint two_thirds of theboard of directors of vail Resorts, Inc. See Deposition ofMandel, p.1s, l.1l _ p.15.. I.1, Ex. 10.15. VaiI Resorts, Ine. is partners with Vait ?own Council.mernber, Rodaey Slif,er. See Depoeition of Slifer., p.I?, J..9_11.Ex. 1I.
15'. VaiI ResorEs, Inc. purchases advertisingCouncil member, Greg Moffet. See Deposition af24, Ex. g.
l7 ' Town council member and Town of Vair l,tayor, Ludr.rig Kurz is
;;.
t*nt"""e of Vail Resor.s' rnc' see Affidavit of Lipcon, Ex.
LB, The ?own sent a Jetter to Dalzner, E repreFeDtativecongratulating hlm rhat Daymer,s propogal was approved, by theVail, Town Council. See Januety 25,2000, Ex. r4.19. Towrr of Vait Local Ordinances IZ_3_7 (F) and .L2_3_6 (B)requlre thac upon recej,pt and recommendation of the pEC, rhe ?ownCouncil ahall seE a date for hearing within 30 days. see Ex. 15.20. On February 29, 2000, the FEC voted to recommend Da1.mer, sproposal for a major amendmenr to bhe \fi/f Epecial devefoprnent
from VaiL Town
Moffet,p.34, 1.3_
FRT}.I : LAIJ T]FF I CES Fnx No. | % 373 6294 Ar9. 21 ndr 84:1Vm1 15
o
DAIED THIS 6Th DAY OF irul.y,2001 ,
RESPECTFUTJI'T SI'BUI,I:ED,
CHARLES R. LIPCON, ESQ.One Biecayne Tor,uer,SuiEe 24802 South Biacayne BoulevardMi.ami, FL, 331i1Telephorre: (fos) 373_3615FacEimile: (305) 373_6204
I HEREBy CERTIFY that a true and correct copy of the foregoingwas deposired in Ehe uni;eJ s-i"tii-*.i1,-;A;"d.i'_.i.ta
"raaddressed ro on rhis eEh-oay-Jl"iify, zoor,
Jamcs S. Bailey, Jr. and Randalt M. LivingstonBtiley &, petrr;on
1660 Lincoln Streer, Suite 3l7sDenver, Co gO2G4
Facsimile: (303) 83?_oo9?
J- Scott Lasater
8122_Southpark L,n., SuiEe 2OsLittleton, CO B0t2OFac6imile: (303) 730-3939
R. Thomas Moorhead
I:t "i.Vail cicy Arrorney,s office75 South Frontage Road Wvai], cO a165z --
Pacsirnile | (g-7a, 479_27g7
, FRryI : Lfl,J OFFICES
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FAX l.l0- : W 373 62U Au9. 21 Mt gpi11Pn PG
TJNIIED STATES DISTRICT COURT
FOR. TIIE DISTRICT OF COIORADO
Civil Action No. 0GD-779
C}IARLES R, LIrcON,
Ptaintiff,
v.
TOUAI OF VAtr a municipal corporation;
TOWN COUNCIL OF TIC TOWi\t OF V;UK ANdDAYMER CORFOR.ATION N,V,,
a l,trcthcdands Ardlhr ccporarion
Dcfeodors
DAYMER CORPORATION'S REPLY BRIEF IN SUPPORT OFMONON rcR PARTIAL
SUMMAR,YJI,]DGMENT
Defcndant, Dayrnr Coryofstion N,V., a Na}erlands Antillcs corporatiur (.Dawrei), by
and through counser, Ba ey & peterson, A professiwrar corporatisr, submits iE reply brief in
wppon of its motior for paniat summary judgnrent.
l. Reply Corcanine thdis?ured FacB
8, A copy of thc proof of publicario ir locatcd rt Ex- e nrher thaa p.
9' The Town planner in charge of Dayrncr's apprication, Georgc Rudrer, had no
recollec,tion of sceing the Jansry 25, | 999, latcr &om Sroftz Brorhers unril his deposidoo in this
case in Deccrnber, 2@. Er. [, Dryositioa of Gcorge Ruthcr, p. 19, l- Z hlough p.N,l. 17 .
11. Plaindff offers no widence to support his denial of the Town,s records reproduced in
Exhibil J that show rhe da* of mairiog. For the rcnaindcr of praintiffs dcnirr, see repry in
paragapb 9, abovc.
FRdM i LFU OFFICES FRX NO. I 93 373 6.2a.4 Aus. 21 zWL A4r LlPn P1
ll' Dcny' Daymer submitted inforrnation at the in$ructior of the Torrn,s plafircr,
ceorge Ruther, who had the aurhority to rcguir. Daymcr, ae appricanr, to submir .{afny addirional
information or matcri&l deemcd neccssary bffl ttrc planning staff. Ex. KI( Dcposition (2) of G.
Ruthcr, p. 15, L l? rlrouCh p. 16, t 14; Ex. LI. Codc, g l2-9A_5(AXI3).
12' Admir &at Dayurcr purc.ha*ed a cqrdomhium unit in thc vair vilage Inn ftom
Apouo ski Rcalty' Inc' one of the povisions in the puchase contrast betc/Bc,r those parties
cmhins the quoted language.
13. Admit.
14' Adnit tlrat Apouo Advisors, L.P- has thc rigttt !o rypoint nro rhircts of thc board of
directon of Vail Resora, Inc-
15' Deny- ssF is a mcrnbcr with vdl Associecr Real Estarc, tnc., in a limired tiability
compmy. Ex. JJ, Slifer Dcpo-, p. l?, ll. ,Lg; Ex. MM, Sec. of Statc periorlic Rcps.t.
16' Deny. Mr. Moffcr is the presidant and cEo of Tiga Advertising, Inc. Ex. NN,
Dcposition of G. Moffet' p-24,lL s7. Tiga Advr.rrising, Inc. has sold advenisements oo buse$ and
in airports to Veil Recorts, lnc, Id. ar p. 34, ll. 113.
l7' Dcny' Mr' Kurz is the direuor of comnuaity retations for rhe Beaver creek Resorr
Compary. Ex. OO, Deposition of L. Kura p. 23, ll. 7.10. Beaver Creek Resort Company is a
Colorado corporation wirh the majority of its dircctors clec-ted by owne,* in Beaver creek Rcson.
Id. d.24,n.6-17.
18- A&nir rhat Mr- Rurher's correspordcnce darcd January 2s, 2ff., begins wirh the
word,'€ongfatulations.,'
19. Admit rhe Code,
20. Adrnil.
FRG'I T LAIJ OFFICES FB I'D. : 345 3?3 6244 Aug. 21 2BAL M:\?Pn PB
It- l r.,r' v\,&v^" - -
lbe Council- Howeve.r. as dcsctibcd by Plaintifr the suppmed csr0icr is only onc for favorable
reatncnt of Dayner's application. It is not onc !o depriyc Plainriff of Constinrdond righrs urd
does not suppon a $ 1983 conspiracy.
Plaintiff has not pmduced any sigrificant probative evidcncc to Bupport his conspiracy
accroation. see Andersoq v. Libeer:r Lobbv. Inc., 477 u.s. x 249 (qwttng First Nat. Bank of
Arizona v. Cides Sewice Co., 391 U.S. LS3,ZW (lg(s). Summary judgment in favor of Daymer is
appropriate.
ry. coNcl.usroN
Plaintilfs rcspon$€ raiss no issue of facr marerial to bis 42 U.S.c. ! l9t3 claim against
Daymer' Dgrimer is entitled ro judgmcnt alr a mdter of taw aod requqlrs that the Court enter
judgrnent in fsvor of Defendant Dayrncr Corporation, N.V. and againsr PlaintifiCbarles R. Lipcon,
dirmissing his cleims agrincl [symcg and owarding Daymcr its co6t6 8nd anomeys' ftcs.
DATED this 20rh day of July, 2001.
Respcctfirlly submirt€d,
BNLEY & PETERSON,
A Profcss ional Corporation
t660 Lincoln Sres, Suite 3175
Ilorrer, Colorado 80264
Telcphone: (303) 837- t 660
ATTORNEYS FOR DEFENDANT
,:l
i
1
{
James S. Bailry, Jr.
Randoll M. Livingucr
r0
FR&4 : LT{J OFF I CES FAX NO, i 3W 373 62A4
Ctrarles R. Lipcon
One Biscayne Tows, Suite Z4t0
2 South Biscayne Bqulcvard
Miarni, Florida 33131
R. ThomasMoqhead
Tovn of Vail OryArbmay'sOffice
75 Sourh Rontage Road W
Vail, Colorado 8165?
J. Scot l-asats
T q(ater & Agsociates, p.C.
t122 Soudrpark lalrc, Suitc 20f
Littleton, Cotordo 80120
Aug. 21 zwl AAi 79t'1 Pg
I hereby certify rhar or^tit lgf @gf Julv, 2g_I,_l deposired .n,, and corrccr copics of theforegoing DAYMER coRPoRATlotrsitEpr-irinerN sdppoirorrraorrorcFon pARTIALSUMMARY JLTDGMEN? in rhe United Srstc$ mait.Eostagp pre?aid and addr€ss€d ro:
ll
JOHN W. OUNN
ARTHUR A. ABPLANALR JR.
INGA HAAGENSON CAUSEY
oF colJilsEl:
JERRY W. HANNAH
Lnw OrrrcEs
Dur.rt,r & AepLeNrALP. P.C.
WesrSrac Berx Burr-or r.tc
roa Sourx Fnoxraae Roro Wesr
Surr: goo
VArL, CoLoRADo
al€57-EOe7
August 8,2001
TELEPHONE:(970) 476-0300
FACSIMILE:
<e70t 476-4765
highcountrylawcom
+maiL vaillarv@wiLnet
CERTIFIED IEGAL ASSISTANI
KAREN M. DUNN, CLAS
Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail CO 81657
Re: Vail PlazaHotel Project
Dear Commissioners:
We represent Charles Lipcon, Jobn Breyo and Sundial LLP, owners of residential
units at Vail Gateway Plaza, and Germaine Harmon, the owner of a residential unit at Village kut
Condominiums. Those persons are plaintiffs in a proceeding which has appealed to the district
coud the Town's approval of Ordinances Nos. 1 and 4, Series of 2000. In connection with our
representation of Mr. Lipcon, we have received notice of hearing by your cornmission of an
application by Daymer Corporation for re-enactrnent of Ordinance No. 4.
The purpose of this letter is to object to your commission's hearing that
application at a time when the district court has exclusive jurisdiction over Ordinance No. 4.
Enclosed is a copy of a motion we have filed in the dishict court, seeking an order staying
proceedings before tlre Town. It is respectfully requested that hearing of the application by your
commission be tabled until the district court has ruled on the motion.
Thank you very much.
Yours very truly,
&ABPLANALP, P.C.
.A^-
. Dunn
JWD:ipse
cc. Mr. Lipcon
7
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DISTRICT COTJRT, EAGLE COUNTY, COLORADO
Court Adtlress: P. O. Box 597. Eaele. CO 81631
Plaintiffs : CI{AI{-LES R. LtrPC ON, IRM(;ARIJ
LTPCON, VAIL SUNDIAL L.P., JOHN BREYO
AT.{D GER\4AINE F. HARMON I A COURT USE ONLY A
Defendants: TOWi.l OF VAIL, TOWN COUNCIL
OF THE TOWN OF VAIL AND DAYMER I Case Number: 00 CV 67
CORPORATION, a Netherlands Antilles corporation
Attomey: for Plaintift-s I Div: H Ctrm:
Name: John W. Dunrr
Dunn & Abplanalp, P. C.
Address: 108 S. Frontage Road W., Suite 300
Vail, Colorado 81657
Phone Number: (970) 476-0300
Atty. Reg.# 1421
MOTION FOR STAY OF PROCEEDINGS BEFORE THE TOWN
COME NOW the Plaintiffs by their attorneys, Dunn & Abplanalp, P.C. and move
pursuart to Rule 106(a)(+)(V) for a stay of proceedings before the Defendant, Town of Vail ("the
Town");
CERTIFICATION
It is hereby certified, pursuant to Section i-115(8), Rule 121, C.R.C.P., that the
undersigned has conferred or attempted to confer by telephone with opposing counsel regarding
the subject of this motion.
GROUNDS
l. This is a proceeding wherein the Plaintiffs appeal the Town's adoption of
Ordinances Nos. I and 4, Series of2000, based principally on errors in notice and the failure of
the Town to comply with the Vail Village Master P1an. Briefing of those issues is in progress,
the Defendants' Alsrver BrieIb being due on August 10,2001.
2. As appears from Exhibit "N'hereto, Defendant, Daymer Corporation
("Dayrner") has filed an appiication fcr Pianning and Environmental Commission Approval of
the "re-enactaent of Ordinance No. 4 (Series 2000)." Hearing before ihe Pla:rning and
Environmental Commission ("PEC') is scheduied for August 13, 2001, at which time, npon
information and belief, the PEC will be asked to make a recommendation to the Defendant,
Town Council of the Torvn of Vaii ("the Council") to re-enact Ordinance No. 4, Series of 2000.
3. Tire Town and Town Council do not havejurisdiction to reopen proceedings
before them as to a decision which has been appealed to this Court. Andreatta v. Kuhlman, 43
Colo. App. 200, 600 P.2d 119 (1919); Idoscheiti v. Board of Zoning Adjustmen r, 40 Colo. App.
156,514P.2d874 (1977); see also, Bethesda Foundationv. Colorado Dep't of Social Services,
877 P.2d 860 (Colo. 1994).
4. If the'i'own is permitted to proceed with reenactment of Ordinance No. 4,
Plaintiffs will be obliged to amend their amended complaint,r move to supplement the record and
suppiement their briefing, all at significant cost.
5. Even if the Town succeeds in correcting notice errors,2 the issue of the Town's
compliance with the Vail Village Master Plan will remain. The promotion of the efficient
dispensing ofjustice requires that the Court ruie on ail issues before it before the Town
reconsiders its acti.ons.
6. If the Town is permitted to proceed in the fashion it proposes, there is nothing
to prevent it, in this or other cases, from continuing its efforts at "fixing" its ordinances, driving
up costs of litigation and delaying any final decision on the actions of the Town.3
WIIEREFORE, Plaintiffs move that the Town be stayed ftom further
consideration of the application of Dal.rner for the major amendment of Special Deveiopment
District No. 6, including re-enactment of Ordinances Nos. 1 or 4, Series of 2000,
' Plaintiffs already have amended their complaint once, after adoption of Ordinance No.
4. Ordinance No. 1 approved the Vail Plaza Hotel project, which is the subject of this
proceeding, while Ordinance No. 4 imposed on-site employee housing requirements on the
project. Plaintiffs filed their original complaint after the adoption of Ordinance No. 1 but
withheld service of i: until the adoption of Ordinance No. 4.
2 There is even a question whether all notice errors will be corrected. Some of the issues
of notice herein relate to the appiicability of state statute to the Town as a home-rule
municipality. It is doubtful that the Town will accept Plaintiffs' position in that regard in
connection with the re-enactment of Ordinance No. 4.
I Taken to its logical extreme, the Town Conncil could re-enact ordinances on a twice-
rronthly':as is, exhaus ttng t.hcs:'"vr:l chaiienge it::,jec.sions.
I
o
o
I
('tl
DATED the XVL1 day of August, 2001.
CHARLES R. LIPCON, pro se
CERTIFICATE OFMAILING
I hereby certiff that or, *re E/L,, day of August, 2001, I mailed a copy of
the foregoing to all attorneys ofrecord.
Questions? Call the Planning Staff at 479-ZI3g
A P PI-T CATI O N FO R P L.AN FI I I",! G AI.{ D Eru VI R.O N M E}ITAL
COMMISSION APPROVAL
GENERALi-NFORMATIO.N
This appiicatl',.:ir is for any project requiring approval by Cne Planning and Environmental Con-mission. For specifrc
irrformation, see the submittal requirernenE for the particular approva/ that rs requested. The application can not
be accepted untll all required information is submitted. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
A. TYPE OF APPL]CATION:! Bed and Breakfusttr Conditional Use permit
tr Major or E Minor SubdivGjontr Rezoning Major or Minor Exterior Alterdtion
Variancetr Sign Variance
D Employee Housing
n Marnr nr Tl Min^r
(Vail Village)
Unit ffype: ---)Exterior Alteration
tr Special Development DigtrictEll Major or E Minor Arnendment to SDD
(Lionshead)
Zoning Code Amendment
Amendment to an Approved Development Plan
o
D
C
tr
B.DESCRIPilONOFTHEREQUEST: Maior Amendment to Special District #6-
re-enactnenE of Ordinance No.4 (Series 2000)
LOCATION OF PROPOSAL: LOT:- BLOCK:- fl1tpS;See Attached Title Policvc.
D.
E.
F,
PHYSICALADDRESS; 100 E. Meadow Drive
PARCEL #. 210108203003 (Conbct Eagle Co. d5seqss6 ffice at 970-328-8640 for parcei #)
ZONING: Public Accomodation/Snn ii6
NAME OF OWNER(s): Daymer corporation'
\1,
MAIUNG ADDRESS: IOO EASI ow Drive
Vai1, CO 816 97 0-47 6-5622
owNER(S) STGNATURE(S)
NAME OF APPUCANT:
MA]UNG ADDRESS:
Vai1, C0 816
r00 t Meadow Drive
PHONE: 970-476-5622
FEE: See submittal requiremenE for appropriate fee
PLEASE SUBMTT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FROilTAGE ROAD, VAI|, COLORADO 81657.
ation.'N.V.
DISTRICT COIIRT, EAGLE COUNTY, COLORADO
Court Address: P. O. Box 597, Eagle, CO 81631
Plaintifls: CI{ARLES R. LIPCON, IRMGARD
LIPCON, VAIL SUNDIAL L.P., JOIIN BRXYO
AND GERMAINI' F.IIARMON I A COURT USE ONLY .r
Defendants: TOWN OF'VAIL. TOWN COUNCIL
OF THE TOWN OF VAIL AND DAYMER I Case Number: 00 CV 67
CORPORATION, a Netherlands Antilles corporation
Attomey: for Plaintiffs I Div: H Ctrm:
Narne: John W. Dunn
Dunn & Abplanalp, P. C.
Address: 108 S. Frontage Road W., Suite 300
Vail, Colorado 81657
Phone Number: (970) 47 6-0300
Atty. Reg.# 1421
ORDER FORSTAY OF PROCEEDINGS BEFORE THE TOWN
THiS MATTER coming before the Court on Plaintiffs' motion pursuant to Rule
106(a)(a)ff) FOR A STAY OF PROCEEDINGS BEFORE THE TOWN;
IT lS ORDERED that the Town is stayed from fuither consideration of the
application of Dalmer for the major amendment of Special Development District No. 6,
including re-enactrnent of Ordinances Nos. 1 or 4, Series of 2000, pending further order of
Court..
DONE the _ day of August, 2001.
BY THE COLIRT:
District Judge
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, SEPTEMBER 4, 2OO1
7:00 P.M.
TOV COUNCIL CHAMBERS
NOTE: Times of items are approximate, subject to change, and cannot bo relied
upon to determine at what time Council will conside. an item,
1. CITIZEN PART|CIPAT|ON. (5 min.)
2. CONSENTAGENDA: (15 min.)
Proclamation #3, Series of 2001, a Proclamation Designating
September I - 15 as '"FRY TMNSIT WEEK'. (5 min.)
Ordinance #19, Series of2001, an ordinance 2d reading.
(5 min.)
Ordinance #23, Series of 2001, an ordinance approving the Booth
Falls Townhomes RocHall Easement, 2d reading. (5 min.)
3. ITEM/TOPIC: Vail Center Update. (15 min.)
Russell Fonest
5. Ordinance #20, Series of 2001, Supplementat (20 min.)
Steve Thompson
5. Ordinance #24, Series of 2001, Gateway SDD. (20 min.)
Allison Ochs
Ordinance No. 24, Series of 2001: An ordinance repealing and
reenacting Ordinance No. 9, Series of 1988 and Ordinance No. 17,
Series of 1 196, providing for the major amendmenl of Special
Development District No. 21, Vail Gateway, to allow for the change
in underlying zoning from Commercial Core I to Commercial
Service Center, amending the approved development plan for
Special Development District No.21, Vail cateway; amending Title
12, Chapter 7, Article E, Section 4, to add "private club" as a
conditional use in the Commercial Service Center zone district;
amending Title 12, Chapter 2, Section 2, to add a definition of
"private club"; and setting for details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with conditions, or deny, Ordinance No. 24, Series
of 2001 on first reading.
BACKGROUND RATIO!.IALE:
The applicant, Braun and Associates, has requested a major
am€ndment to Special Development District No. 2'1, to allow for the
redevelopment of the Gateway Building. The ordinance includes the
following elements:
A rezoning of the underlying zoning from Commercial Core I to
Commercial Service Center.
A major amendment to Special Development District No. 21.
A text amendment to the Commercial Service Center zone district
to allow for private clubs as a conditional use and a teli
amendment to allow for the addition of a definition of .private club"
to the Zoning Regulations.
The Planning and Environmental Commission has fonvarded a
recommendation of approval of the above at their July 23,2001,
meeting. Please refer to the slaff memorandum for additional
infonnation.
STAFF RECOMMENDATION:
Staff is recommending approval on f rst reading of Ordinance No. 24,
Series of 2001.
6. Ord. #21, VailVillage Inn SDD, 2d reading. (1S min.)
George Ruther
7. Qrd.#22,2d reading, Charter Amendment. (10 min.)
Allen Christensen
8. Town Manager's Report. (5 min.)
Bob Mclaurin
9. Adjoumment (8:45 P.M.)
NOTE UPCOMING MEENNG START TIMES BELOW:
{ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGEI
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE oN TUESDAY,9/11r01, BEG|NN|NG AT 9:00 A.M. tN THE TOV COUNC|L
CHAMBERS.
THE NEXT VAIL TOWN COUNCTL REGULAR WORK SESSION
WLL BE ON TUESDAY, 9/18/0.t, BEGINN|NG AT 2:00 p.M. tN THE TOV COUNCTL
CHAMBERS.
THE NEXT VAIL TOWN COUNCTL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 9/18/01, BEG|NN|NG AT Z:00 p.M. tN TOV COUNC|L
CHAMBERS
Sign language interpretation available upon request with 24-hour notification.
Please call 479-2332 voice or 479-2356 TDD for information.
o
TOWN COUNCIL AGENDA REOUEST
(Requesl Jorm must be given to the Secretary to lhe Town Manager by 4:00 o.m. Wednesdavs.)
MEETING DATE September 4.?001_
(Prepare a separate Agenda Requesl lor each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
cerlain to check both boxes in lhis section and indicate time needed durino
each meeting.)
Work Session TIME NEEDED :
Evening Meeling
Site Visit
TIME NEEDED : 15 minutes
TIME NEEDED :
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NOISTOV STAFF?
NO.
-K_ YES. Specifica: Jav Peterson. represe
WILL THE PRESENTATION OF THIS AGENDA ITEM BEOUIRE ANY SPECIAL EQUIP ENT. i.e.
overhead proiector, etc. ?_x_ No.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS lTEil?
NO._X- YES. ll yes, is the material also for oublic distribution?
-X\- Yes.
-
No.
ITEM/TOPIC:
Second Feading of Ordinance No. 21, Series of 2001, an adopling a revised Approved
Development Plan lor Special Development District No. 6, Vail Village Inn, Phase lV, to allow lor
the construction of the Vail Plaza Hotel; and setting forth details in regard thereto.
ACTION BEQUESTED OF COUNCIL:
Approve, approve with conditions, or deny Ordinance No, 21, Series of 2001, on second reading.
BACKGROUND BATIONALE:
On Tuesday, August 21, 2001, the Vail Town Council approved 4-2 (Donovar/Foley opposed) the
firsl reading of Ordinance No. 21, Series of 2001 , an ordinance proposing a major amendment to
Special Developmenl Districl No. 6, Vail Village Inn, to allow for the construction of the Vail Plaza
Hotel.
Following a presentation on lhe ordinance, lhe Town Council requested that two additions be made
to the ordinance. Firsl, that a section be added to the ordinance limiting the ordinancG approval
period to May 1, 2003, and second, that a whereas slatemenl be included to further clarify the
purpose of the new applicalion and ordinance.
STAFF RECOMMENDATION:
The Community Development Department recommends that lhe Town Council approve Ordinance
No. 21, Series of 2001, on second reading.
f leveryone\council\requests\amaster.req
Employee SignaturdDspartment
{- 5 (U.r*: ,6\,oor*,\
ORDINANCE NO.21
SER|ES OF arc1
AN OBDINANCE ADOPTING A HEVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO.6, VAIL VILLAGE INN, PHASE IV, TO ALLOW
FOR THE CONSTBUCTION OF THE VAIL PLAZA HOTEL: AND SETnNG FOFTH
DETAILS IN REGARD THERETO.
WHEHEAS, In 1976, the Vail Town Council adopted Odinance No. 7, Series ol 1976.
establishing Special Development Districl No. 6, Vail Village Inn; and
WHEBEAS, Section 12-9A-10 ot the Zoning Regulalions permits major amendments to
previously Approved Developmenl Plans for Special Development Districts; and
WHEREAS, Daymer Corporalion, as owner of the Phase lV property, has submitted an
applicalion for a revised major amendment to Special Development Dislricl No. 6, Vail Village Inn,
Phase lV: and
WHEREAS, Daymer Corporation has submitted this new applicalion for a maior amendment
to Special Development District No. 6 in response to an alleged error in the public notitication of a
previously held public hearing, and
WHEREAS, the purpose of lhis ordinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development Districl, Phase lV to allow for lhe construction of the
Vail Plaza Hotel; and
WHEREAS, the revised maior antendment to lhe Special Development District is in the besl
interest of lhe town as it meets the Town's developmen'l ob.jectives as identiJied in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance wilh the provisions outlined in the Zoning Regulations, lhe
Planning & Environmental Commission held a public hea ng on the major amendment application;
ano
WHEREAS,'the Planning & Environmenlal Commission has reviewed the prescribed criteria
lor a maior amendment and has submitted its recommendation of approval and findings to the Vail
Town Council: and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriale partiosi and
WHEREAS, the Vail Town Gouncil considers it in the besl interest ol lhe public health,
safely, and welfare to adopt the revised Approved Development Plan for Special Developrn€nl
Dislricl No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel; and
Ordinance No. 21. Series ot 2001
o
WHEBEAS, the approval of the maior amendrnenl to Special Development Distric,t No. 6,
Vail Mllage Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW, THEREFOBE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL. COLORADO, THAT:
Section 1. Puroose ol the Ordinance
The purpose ol Ordinance No. 21, Series ol 2001, is to adopt a revised Approved Development Plan
for Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. The Approved
Development Plans for Phases l, lll & V remain approved and unchanged for the development of
Special Development District No. 5 within the Town of Vail, unless they have othen^,ise expired.
Only lhe Approved Development Plan for Phase lV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fultilled. Plannino Commission Reoort
The approlal procedures described in Section 12-9A ol the Vail Municipal Code have been fulfilled,
and lhe Vail Town Council has received the recommendation ot the Planning & Environmenlal
Commission for a major amendmenl to the Approved Development Plan for Special Dev€lopment
Districl No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Bequesls lor amendments to the Approved
Developmenl Plan shall follow lhe procedures outlined in Section 12-gA of the Vail Municipal Code.
Section 3. Special Develoomenl Dlstrict No.6
The Special Development Districl and the major amendmenl to the .Approved Development Plan for
Phase lV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of lhe Tonn, provide adequate open space and
recrealion amenities, and promole the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Developmenl District No. 6 is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspects of lhe Special Development District that cannot be
satislied lhrough the imposilion of the standard Public Accommodafion zone dislricf requirements.
Section 4. Development Standards - Special Developmenl District No. 6, Vail Viltage lnn,
Phase lV, Vail Plaza Hotel
Ordinance No. 21, Sedes ot 2001
Development Plan-
The Approved Development Plan for Special Developrnent District No. 6, Vail Village Inn, Phase lV,
Vail Pla2a Hotel shall includo lhe following plans and materials prepared bv Zehren ard Associates.
Inc., dated April 4, m00 and slarnped approved by the Town ol Vail, dated April 18, 2000:
(as rnay be turther revised by fte Tour ol Vail Design Revlil Board)
A Site llluslrative Plan
B. Site V(Tnettes Key Plan (noted "for rTtustntion puryoses only')
C. Site Vignettes
D. Sit6 Phn (rovised)
E. Level Minus Ttt/o
F. Level Minus Ons
G, Level Zero
H. Level One
l. Level One & 1/2
J. LevelTno
K. Level Three
L. Level Four
M. Le\rel Five
N. Lwd Six
O. Roof Plan
P. Roof Plan (lrechanical Equipment]
O. Street Sections (Vail Road BevationNorlh Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevalibn/East Plaza Elevation)
S. Building A Elevalions
T. Building A Seclions
U. Buildirg B Elevations
V. EddrE B Sec'tions
W. Building Height Plan 1 (Absolute Heights/lnterpolaled Contourc)
X. Building Height Plan 2 (Maximum Height Above Graddlnterpolatod Contours)
Y. Pool Study (Pool Seclions)
Z. Vail Road Setback Sludy
AA. Loading and Delivery plan
OdiiarEe tlg- 2l . S€ri6 ot 2001
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape lmprovements Plan
EE. Otf-site lmprovements Plan
Pelmitted Uses-
The permitted uses in Phase lV of Special Development Dislrict No. 6 shall be as sel forth in Seclion
12-7 of the Vail Town Code.
Conditional Uses-
Conditional uses for Phase lV shall be sel lorth in Section 12-7A-3 ot lhe Town of Vail Zoning
Regulalions. All conditional uses shall be reviewed per lhe procedurss as ornlined in Chapler 12-16 of
the Town of Vail Zoning Regulations.
Density- Units W Acre - Dwelling Uni'f, Accommodation Units, & Fnctional Fee CIub Units
The number of units permitted in Phase lV shall nol exceed the tollowing:
D',velling Units - 1
Accomrnodalion Units - 99
Fraclional Fee Club Units - 50
Type lll Employee Housing Units - l8
(38 employee beds tolalirE 9,618 square feel of lloor area)
Density- Floor Area
The gross residential lloor area (GRFA), common area and commercial square footage permitted for
Phase lV shall be as set lorth in the Approved Development Plans relerenced in Section 4 of this
ordinance.
Setbacks-
Required selbacks for Phase lV shall be as set forth in the Approved Developmenl Plans referenced
in Section 4 of lhis ordinance. The front selback along Vail Boad shall be a minimum of 16'.
Helght-
The maximum building height tor Phase lV shall be as set lorth in the Approved Development Plans
referenced in Ssction 4 of this ordinance. For the purposes of SDD No. 6, Phase lV, calculations ot
height, heighl shall mean the distance measured vertically lrom the existing grade or finished grade
(whichever is more reslrictive), al any given point to the top of a flal roof, or mansard roof, or lo the
highest ridge line ol sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage-
tuinance No. 21, Series ol 2001
The maximum allowable site coverage for Phase lV shall be as sel forth in lhe Approved
Development Plans referenced in Section 4 of this ordinance.
Landscapingr.-
The minimum landscape area requirement for Phase lV shall be as set forth in the Approved
Developmenl Plans referenced in Section 4 of this ordinance-
Parklng and Loadlng-
The required number ol off-slreet parking spaces and loadingidelivery berths for Phase lV shall be
provided as set forth in the Approved Development Plans relerenced in Section 4 of this ordinance.
ln no instance shall Vail Road or the South Frontage Road be used for loading/deliv€ry or guest
drop-oiflpick-up without lhe prior written approval ol the Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person olher
than a lenanl, occupant or user of lhe building for which lhe space, spaces or area are required to
be provided by the Zoning Begulations or ordinances of lhe Town. The foregoing language shall not
prohibit the temporary use of lhe pa*ing spaces lor evenls or uses outside ol the building, subject lo
lhe approval of the Town of Vail.
Section 5. Approval Adreements tor Special Development District No.5. Phase IV. Vail
'1.
Plaza Hotel
That the Developer submits detailed civil engineering drawings of the required off-site
improvements (slreet lights, drainage, curb and gutter, sidewalks, grading, road improvsmenls,
Vail Road landscape median improvements, elc.) as identilied on lhe off-site improvements plan
1o the Town of Vail Public Works Deparlmenl for review and approval, prior lo application for a
building permit.
That the Developer submils a detailed final landscape plan and final archileclural elevalions lor
review and approval of the Town of Vail Design Review Board, prior lo applicalion for a building
permit.
The SDD approval time requiremenls and limilations of Section 12-9A-12 shall apply to
Ordinance No. 21, Series of 2001. In addilion, the phasing ol lhe conslruction of the holel shall
not be permitled.
That the Developer submits the following plans 10 the Departmenl ol Community Development,
for review and approval, as a part ol the building permit application for the hotel:
a. An Erosion Conlrol and Sedimentalion Plan:
b. A Conslruction Staging and Phasing Plan;
Odinance No. 2'l , Serb3 ot 2001
7.
c. A StonrMater Managemenl Plan;
d. A Site Dewatering Plan; and
e. A Trattic Control Plan.
Thal the Developer receives a conditional use permit lo allow for the construction of 18, Type lll
Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-16, prior to
lhe issuance of a building permit, for the housing of 38 employees totaling 9,618 sguare feel of
floor area.
That lhe Developer submits a complele set of plans lo the Colorado Department of
Transportalion for review and approval of a revised access permit, prior to applicalion for a
building permit.
Thal the Developer meels with the Town staff to prepare a memorandum of understanding
outlining lh€ responsibilities and requiremems of the required ofl-sile improvements, prior lo
second reading of an ordinance approving the maior amendment.
L That the Developer submits a complete set of plans rosponding lo the design concerns
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 1 2/13i99. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Review Boatd approval.
9. Thal the developer records a public pedestrian easement between the hotel and the Phase lll
Condominiums and between lhe Phase V Building property lines. The easemenl shall be
prepared by the developer and submilted Jor review and approval of the Town Atlorney. The
easemenl shall be recorded with the Eagle County Cle* & Recorder's Office prior to the
issuance ol a Temporary Certificate of Occupancy.
10. That lhe Developer record a deed-restriction, which the Town is a party to, on the Phase IV
property prohibiting lhe public use of the spa tacility in the hotel. Said reslriclion may be revoked
il lhe Developer is able lo demonstrate lo the satisfaclion of the Town that adequate provisions
for vehicle parking have been made to accommodale the public use ol the spa. The restriction
shall be recorded prior lo lhe issuance of a building permil.
1 1 . That the Developer submits a final exterior building materials list, a typical wall-section and
complet€ color rendering for review and approval of the Design Review Board, prior to making
an application lor a building permil.
Ordnance No. 21, S€rie6 of 2001
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
Certiticate ol Occupancy.
13. That the Developer submils a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipmenl shall be incorporated inlo the overall design of the hotel and enclosed and screened
from oublic view,
14. That the Developer posts a bond with the Town of Vail to provide financial securily fo( the 125o/o
of the total cosl of lhe required otf-site public improvements. The bond shall b€ in place with the
Town prior to the issuance of a building permit.
15. That ths Developer installs bollards or similar safely devices at the interseciion of lhe delivery
access driveway and the sidewalk along the South Frontage Road to prevenl conflicls between
pedeslrians and vehicles, prior to the issuance ol a Temporary Certificate ol Occupancy.
16. That lhe Developer sludies and redesigns the entrance on the north side ol the hotel across lrom
the emrance to the Gateway Building to creale a more inviling entrance or a design thal redirects
pedeslrians to anolher entrance. The linal design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. Thal the Developer coordinate efforts with the owners of the Gateway Building to deale a below
ground access for loading and delivery to the Gateway from lhe Vail Plaza Hotel to resolve
potential loading and delivery concems at the Galeway, lf a coordinated efforl can be reached
the Developer shall submit revised plans lo the Town of Vail Community Development
Department for review and approval, prior to lhe issuance oJ a building permil.
18. Thal the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freighl
ele\rator access to the lowest level ot the parking strusture. The revised plans shall be submined
to lhe Town of Vail Communily Development Deparlmenl for review and approval prior to the
issuance ol a building permil.
19. That the Developer, in cooperalion wilh the Town of Vail Public Worlc Department design and
construct a lett-lurn lane on Vail Road and reconfigure the landscape island in lhe South
Frontage Road median lo eliminate lefl-turns from the loading/delivery. The construction shall
be completed prior lo the issuance of a Temporary Certificate of Occupancy.
20. Thal lhe Developer provides a centralized loading/delivery facility for the use of all owners and
tenanls within Special Developmenl District No. 6. Access or use of the facility shall not be
Odlnance No. 21, Series ol zfih
unduly restricted ior Special Development Distdct No. 6. The loading/delivery facilily, including
dock, berths, freight elevators, service conidors, etc., may be made available for public andlor
private loadingy'delivery programs, sanctioned by the Town of Vail, to mitigale loading/delivery
impacls upon the Vail Village loading/delivery syslem. The use of the tacility shall only be
permitted upon a finding by the Town of Vail and lhe Developer that excess capacity exists. The
Developer will be compensated by the Town ol Vail and./or others for the common use ol the
tacility, The tinal determination ot the use ol the facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21 . That lhe Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by cerlain improvements resulling from the construction of the holel,
prior to the issuance of a building permit.
22. That lhe Developer executes a Developer lmprovemenl Agreement to cover the completion of
the required otf-site improvemenls, prior to the issuance of a building permit.
23. Thal the Developer record Type lll de€d-restrlctions of each of thg required employee housing
unils, with the Eagle Counly Clerk & Recorder's Office, prior lo the issuance of a Temporary
Certif icate of Occupancy.
24. Thal lhe required Type lll deed-resiricted employee housing units not be eligible for resale and
lhat the units be owned and oDerated bv the holel and thal said ownershio transfer with the deed
lo the holel property.
Seclion 6. Aporoval Expiration: Time Limltations
The Developer must b€gin initial construction of the special development dislrict by no later than May
'1 , 2003, and continue diligenlly toward the complelion of the project. It the Developer does nol begin
inilial construction and diligently work toward lh6 completion of the special development district within
lhe lime limit imposed abovo, the approval of said special development dislrict shall become null and
void.
Section 7.
lf any part, section, subsection, senl6nce, clause or phrase ol this ordinance is for any reason held
to be invalid, such decision shall not atfecl the validily of the remaining portions ot this ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each parl, section,
subsection, senlence, clause or phrase thereof, regardless of lhe lacl lhal any one or more parts,
sections. subsections. sentences. clauses or ohrases be declared invalid.
Ordinance llo.2l. Se 6 of2001
'o
Section 8.
The repeal or lhe repeal and re€nactmenl of any provisions of th€ Vail Municipal Code as provided
in this ordinance shall nol affect any rigtrf which has accrued, any duty imposed, arry violation that
occurred plior to lhe efleclive dat€ hereol, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of lhe provision repealed or repealed and reenacled.
Th6 repeal of any provision hereby shall nol revive any provision or any ordinance previously
repealed or superseded unless expressly staled herein.
Section 9.
All bylaws, orders, resolutions and ordinano€s, or parts thereof, inconsisl€nt herewilh are hereby
repealed to the extent only of such inconsistency. The repealer shall not be conslrued to r€vise any
bylaw, order, resolulion or ordinance, or parl thereot, heretolore repealed.
INTRODUCED, READ ON FIRST READING. APPROVED, AND ORDERED PUBLISHED
ONCE lN FULL ON FIRST BEADING this 21$ day ol Arrgust, 2001, and a public hearing lor second
reading ol this Odinance set for the 4h day of September, 2001, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ludwig Kutz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
FEAD AND APPROVED ON SECOND READING AND ORDERED PUBLISHED lhis 4h day of
Seplernber, 2001.
Ludvvig Kuz, Malor
ATTEST:
Lorelei Donaldson, Town Clerk
o
Odinanc€ No, 2l . Sed93 ol 2O0l
d*.gu-
FTZ
The Town of Vail and the Town Council of the Town of Vail, collectively ("Town of Vail
"), through their attomeys, Lasater & Allen, P.C., hereby submit their response to
jt"intittr;rotion for stay of proceedings before the town, and as grounds therefore,
state as follows:
l. Background
1 . This proceeding arises out of plaintiffs' challenge, Pursuant to C.R.G.P. 106(a)(4) and
AUb 2 4 2001
COURT USE ONLY
Case Number: 00-CV-67
Div.:H
D]STRICT COURT, EAGLE COUNry, STATE OF
COLORADO
Court Address: P.O. Box 597
885 East Ghambers Road
Eagle, Colorado 81631
Plaintiffs:
CHARLES R. LIPCON, IRMGARD LIPCON, VAIL
SUNDIAL 1.P., JOHN BREYO and GERMAINE F'
HARMON
v.
Defendants:
TOWN OF VAIL, a municipalcorporation, TOWN
COUNCIL OF THE TOWN OF VAIL, and DAYMER
CORPORATION, a Netherlands Antilles corporation
Attomeys for Vail:
J. Scott Lasater, 16070
J. Matthew Mire,27414
Lasater & Allen, P.C.
8122 SouthPark Ln, Suite 205
Littleton, CO 80120
Phone Number: (303) 730-3900
Fax Number: (303) 730-3939
E-mail: Lasoffice@aol.com
STTION TO PLAINTIFFS' MOTION
FOR STAY OF PROCEEDINGS BEFqEEllElowN
Rule 57 C.R.C.P., of the Town's adoption of Ordinances Nos. 1 and 4, Series
2000, which contemplate a major amendment to Special Development District ('
sDD") No. 6, within the Town of Vail. Plaintiffs' challenge is based upon errors in
notice and the alleged failure of the Town to strictly comply with the Vail Village
Master Plan.
2. Briefing on the relevant issues is almost complete, with the plaintiffs'reply brief now
due on or about August 23,2001.
3. In the briefs filed on behalf of the Town of Vail and Daymer Corporation ("Daymer"),
defendants conceded that two technical mistakes were made in providing the
requisite notice: 1) The Town can not produce a record of publication of notice
following the first reading or Ordinance 1, Series 2000, on January, 2000; and 2)
The published notice of the hearing of the PEC regarding Ordinance 4, Series
2000, on February 28, 2000, omitted the date, time and place of the meeting'
4. In light of the admissions regarding notice defects in approving Ordinance Nos' 1 and
4-, Series 2000, defendant Daymer Corporation submifted a new application for an
ordinance amending SDD # 6. The new ordinance, Ordinance No. 21, Series
2001, has already gained the recommendation for approval of the Town's
Planning and fnvironmental Commission ("PEG') and has been approved by the
Vail Town Council upon first reading.
S. plaintiffs have now moved this Court to stay the proceedings before the Town with
regard to Ordinance 21 , Series 2001 . However, for the reasons set forth below
plaintiffs' motion must be denied.
ll. Argument
6. plaintiffs argue that the Town lacks jurisdiction to "reopen" the proceedings before
them which have been appea[d to this Court. However, plaintiffs'
characterization of the proceedings currently before the Town is inaccurate and
the cases relied upon by plaintiffJto support their position are inapplicable to the
issues presented here.1
7. Here, the iown of Vail is proceeding on a new application and holding hearings on an
ordinance which is not currently on appeal.
8. lt is a fundamental principle that the judicial department has no direct control over the
legislative Aepartmeni and that legislatlve action cannot be coerced or restrained
Oy-luOiciat process. See Lewis v- Denver C'ty ry?9y9!9.-C:r, 34 P' 993, 994
(ia-ss); City of Louisville v' District Court,543 P.2d 67' 70 (1975)'
9. lt has also been established that, as a general rule, a municipal corporation's exercise
of legislative power with relation to subjects committed to its jurisdiction cannot be
enjoined, and court's restraining power should be directed against enforcement,
rather than passage, of municipal orders, resolutions, or ordinances. See City and
County of Denver v. Board of County Comr9 of Arapahoe County,347 P.zd 132
(1ese).
10.ln City of Louisville, the Court stated:
"W ctty council or board of frustees of an incorporated town, when acting, or
proposing to act, in a legislative capacity upon a subject within the scope of its
powers as confened by its charter or by the general laws of the sfate, ts entitled to
immunityfromjudicialinterference...." "ltisanexceedinglydelicatematterforthe
courts to interfere by injunction with the action, or contemplated adion, of a
legislative body in any case; and such inErterence cannot be justified, except in
extreme cases and under extraordinary circumstar?ces...." 543 P.2d 67, at p, 70.
11. Here, plaintiffs have asserted no facts and have cited to no authority which would
permit the Court to intervene into the legitimate legislative process under the
circumstances presented.
WHEREFORE The Town of Vail and the Town Council of the Town of Vail
respectfully request this Court DENY plaintiffs' motion for stay of proceedings before the
Town.
Respectfully submifted,
Original signature on file at Lasater & Allen, P.C,,
pet Rule 121 S 1-26
J. Scott Lasater, Esq.
J. Matthew Mire, Esq.
Attorneys for Vail
Certificate of Service
I hereby certify that on August 23, 2001 , per C.R.C.P. 121
electronically delivered to JusticeLink for filing, with notice to
designated on the parties and/or attorneys listed below:
John W. Dunn, Esq.
DUNN & ABPLANALP
108 S. Frontage Rd. West, Ste.300
Vail, Colorado 81657
S 1-26, the foregoing was
and with actual service
Ghades R. Lipcon, Esq.
One Biscayne Tower, Suite 2480
2 South Biscayne Blvd.
Miami, FL 33131
Randall M. Livingston, Esq.
Bailey & Peterson, P.C.
1660 Lincoln Street, #3175
Denver, CO 802&[
Town of Vail Attorney's Office
75 S. Frontage Road West
Vail, CO 81657
Oiglna! signature on file at Lasater & Allen, P.C., per Rule 121 91'26
lThe cases cited by plaintiffs' deal solely with jurisdictional issues concerning an
administrative board's ability to modify its decisions, when the time in which judicial
review could be sought has expired.
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